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2019.6.25 Motion for Terminating Sanctions, to Strike 918
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.6.25

Excerpt: ... discovery process, the court may impose monetary sanction, issue sanction, evidence sanction, terminating sanction, and contempt sanction. (CCP § 2023.030.) “[T]here are effective… remedies for spoliation of evidence, including the evidentiary inference that evidence destroyed by a party is unfavorable to that party (Evid. Code, § 413), the potent sanctions for abuse of discovery (CCP § 2023), the punishment of attorneys who are involved ...

2019.6.24 Application for Preliminary Injunction 211
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.6.24

Excerpt: ...the relative interim harm to the parties from the issuance or non‐issuance of the injunction. A trial court may not grant a preliminary injunction, regardless of the balance of interim harm, unless there is some possibility that the plaintiff would ultimately prevail on the merits of the claim. (Hunt v. Superior Court (1999) 21 Cal. 4th 984, 999‐1000.) Proof of facts is ordinarily made by affidavits or declarations. (CCP § 2009.) Plaintiff o...

2019.6.21 Motion for Summary Judgment, Adjudication 317
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.6.21

Excerpt: ... the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP § 437c(p)(2).) “A defendant can satisfy its burden by presenting evidence that negates an element of the cause of action or evidence that the plaintiff does not possess and cannot reasonably expect to obtain evidence needed to support an element of the cause of action.” (Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181...

2019.6.20 Motion for Summary Judgment 353
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.6.20

Excerpt: ...annot be established. (CCP § 437c(p)(2).) “A defendant can satisfy its burden by presenting evidence that negates an element of the cause of action or evidence that the plaintiff does not possess and cannot reasonably expect to obtain evidence needed to support an element of the cause of action.” (Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 Cal.App.4th 175, 186.) The court must liberally construe evidence in support of ...

2019.6.18 Motion for Leave to File Amended Complaint 554
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.6.18

Excerpt: ...rty to amend any pleadings.” (CCP § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court's discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Plaintiffs have discovered that Defendants Rosa Perez and Maggie's Bookkeeping, Inc. allegedly engaged in a fraudulent sale of Defendant Perez' h...

2019.6.14 Motion for Summary Judgment, Adjudication 981
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.6.14

Excerpt: ...gates an element of the cause of action or evidence that the plaintiff does not possess and cannot reasonably expect to obtain evidence needed to support an element of the cause of action.” (Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 Cal.App.4th 175, 186.) Once the defendant has met that burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to the cause of action. ...

2019.6.13 Motion for Judgment Notwithstanding the Verdict 170
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.6.13

Excerpt: ...ict. (Hauter v. Zogarts (1975) 14 Cal.3d 104, 110.) For JNOV motion purposes, all evidence supporting the verdict is presumed true; the issue is whether these facts constitute a prima facie case or defense as a matter of law. (Fountain Valley Chateau Blanc Homeownerʹs Assʹn v. Department of Veterans Affairs (1998) 67 Cal.App.4th 743, 750.) The trial judge cannot weigh the evidence or determine the credibility of witnesses on JNOV motions. (Cart...

2019.6.12 Motion to Compel Further Responses, Production of Docs, for Sanctions 229
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.6.12

Excerpt: ... compel further responses of his Special Interrogatories, Set One pursuant to Code of Civil Procedure section 2030.300, and of his Demand for Production of Documents, Set One pursuant to section 2031.310. Section 2030.300 allows a party to file a motion compelling further responses to interrogatories if it finds that the response is inadequate, incomplete, or evasive, or an objection the response is without merit or too general. “A motion under...

2019.6.12 Motion to Compel Arbitration, Stay Action 210
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.6.12

Excerpt: ...written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (CCP § 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or liti...

2019.6.10 Demurrer 432
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.6.10

Excerpt: ...4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic m...

2019.6.5 Demurrer 658
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.6.5

Excerpt: ... of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Supe...

2019.6.5 Motion to Require Undertaking to Secure Award of Costs 224
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.6.5

Excerpt: ...in China. When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorneyʹs fees which may be awarded in the action or special proceeding. For the purposes of this section, ʺattorneyʹs feesʺ means reasonable attorneyʹs fees a party ...

2019.6.5 Application for Writ of Possession 093
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.6.5

Excerpt: ...the application is DENIED without prejudice. If notice is cured, the application will be granted: Merits: Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possession. (CCP § 512.010(a).) The application shall include all of the following, which may be established by affidavit, pursuant to section 512.101(b): 1. The basis of the plaintiff's claim that the plaintiff is entitled to possession; 2. A s...

2019.6.4 Motion to Set Aside Default Judgment 536
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.6.4

Excerpt: ...excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. (CCP § 473(b), emphasis added.) The burden of proof on such a motion is on the moving party who must establish his positi...

2019.6.3 Motion for Summary Judgment 753
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.6.3

Excerpt: ...g evidence that negates an element of the cause of action or evidence that the plaintiff does not possess and cannot reasonably expect to obtain evidence needed to support an element of the cause of action.” (Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 Cal.App.4th 175, 186.) Once the defendant has met that burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to the...

2019.5.23 Petition to Compel Arbitration 219
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.5.23

Excerpt: ...r the revocation of any contract. (CCP § 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) The petition to compel arbitration, consequently,...

2019.5.23 Motion for Attorney Fees, Demurrer 481
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.5.23

Excerpt: ...50,402.89 in prevailing on their anti‐SLAPP motion. Cross‐Defendants had the Eighth and Twelfth Causes of Action (Defamation and Abuse of Process, respectively) stricken from the complaint, but did not have the Tenth Cause of Action for Civil Conspiracy stricken. A prevailing party on a special motion to strike shall be entitled to recover reasonable attorney's fees and costs. (CCP § 425.16(c); see Ketchum v. Moses (2001) 24 Cal.4th 1122, 11...

2019.5.22 Motion for New Trial 135
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.5.22

Excerpt: ...ince the right to a new trial is purely statutory, exact compliance is required with the procedural steps for making and determining a motion for new trial. Any significant departure from the procedural requirements deprives the trial court of power to grant the motion. The grounds for new trial are also entirely statutory and, thus, the motion must be based on one or more of the following statutory grounds: (1) Irregularity in the proceedings of...

2019.5.21 Demurrer 270
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.5.21

Excerpt: ... cannot be liable for the two causes of action under the CA UVTA because he was not a debtor to Plaintiff Qinrong Qiu (“Plaintiff”). CA UVTA permits defrauded creditors to reach property in the hands of a transferee. (Fidelity Nat. Title Ins. Co. v. Schroeder(2009) 179 Cal.App.4th 834, 840.) A voidable transfer occurs when the debtor made the transfer or incurred the obligation (1) with actual intent to hinder, delay, or defraud any creditor ...

2019.5.21 Motion to Stay Action 375
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.5.21

Excerpt: ...This motion is not directed at only the FAC, but at the action entirely. The issue of additional damage allegations is not at issue in a motion to stay or dismiss. Thus, this argument is without merit. Under Code of Civil Procedure section 410.30, whenever a court finds that in the interest of substantial justice an action should proceed in another forum, it shall stay or dismiss the action in whole or in part on any conditions that may be just. ...

2019.5.16 Motion for Summary Judgment, Adjudication 782
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.5.16

Excerpt: ...ndant can satisfy its burden by presenting evidence that negates an element of the cause of action or evidence that the plaintiff does not possess and cannot reasonably expect to obtain evidence needed to support an element of the cause of action.” (Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 Cal.App.4th 175, 186.) Once the defendant has met that burden, the burden shifts to the plaintiff to show that a triable issue of on...

2019.5.15 Demurrer 604
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.5.15

Excerpt: ...eles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Far...

2019.5.15 Motion to Tax Costs 113
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.5.15

Excerpt: ...ully satisfied but not later than two years after the costs have been incurred, the judgment creditor claiming costs under this section shall file a memorandum of cost with the court clerk and serve a copy on the judgment debtor. (CCP § 685.070.) Service shall be made personally or by mail. (Id.) Service on attorney for the judgment creditor or the judgment debtor constitutes service on the judgment creditor or judgment debtor. (CC § 684.050.) ...

2019.5.15 Motion to Tax Costs 874
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.5.15

2019.5.14 OSC Re Production of Records 210
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.5.14

Excerpt: ...an action to a medical provider, the medical provider shall promptly make all of the patientʹs records under the medical providerʹs custody or control available for inspection and copying by the attorney at law or his or her representative. (Evid. Code § 1158, subd. (b).) If a medical provider fails to make the records available during business hours within five days after the presentation of the written authorization, that medical provide may...

2019.5.14 Motion to Compel Payment to Deposition Witness 038
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.5.14

Excerpt: ...ection 2020.230(a) states that if a deposition subpoena requires the personal attendance of the deponent, the party noticing the deposition shall pay to the deponent in cash or by check the same witness fee and mileage required by Chapter 1 (commencing with Section 68070) of Title 8 of the Government Code for attendance and testimony before the court in which the action is pending. Mileage and witness fees are not allowable to parties to the acti...

2019.5.14 Motion for Leave to File Amended Complaint 031
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.5.14

Excerpt: ...tion of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Plaintiff proposes to add an additional legal theory, including additional facts relating to Plaintiff's alleged wrongful constructive termination and a new cause of action. While, the court should liberally permit amendments ...

2019.5.14 Motion for Costs, Attorney Fees 739
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.5.14

Excerpt: ...d file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk. (CRC 3.1700(a).) The losing party may dispute any or all of the items in the prevailing party's memorandum of costs by a motion to strike or tax costs. (CRC 3.1700(b).) Under Civil Code section 1717.5, the prevailing party in a contract action based on a book account can recover attorneys' fees and costs if the contr...

2019.5.8 Motion to Compel Further Responses 068
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.5.8

Excerpt: ...tiff Kyle Olsen to provide further verified responses to its request for production of documents (set one). Defendants also seeks monetary sanctions of $5,261.65 against Plaintiff and his counsels. Where verification is required by the discovery statute, an unverified response is ineffective and is equivalent to no response at all. (Appleton v. Superior Court (1988) 206 Cal. App. 3d 632, 636.) CCP § 2031.310 allows a party to file a motion compe...

2019.5.8 Petition to Compel Arbitration 021
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.5.8

Excerpt: ... court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) The petition to compel arbitration, consequently, functions as a motion and is to be heard in the man...

2019.5.7 Demurrer 516
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.5.7

Excerpt: ...roceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The only issue involved ...

2019.5.6 Motion for Summary Judgment, Adjudication 098
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.5.6

Excerpt: ...g as to a mutually agreeable date for trial. No sanctions. 3. Judicial Notice is taken of Defendants' request of Exhibits A‐D. Judicial Notice Judicial Notice is taken of Defendants' request of Exhibits A‐D. (Ev. Code § 452‐453.) Evidentiary Objections Defendant's evidentiary objections to the Declarations of Christopher S. Palenik, PhD; Robert Harrison, MD; Lila Laux, PhD; Charles A. Pue, ME; Jerrold L. Abraham, MD; and John J. Kleinhans ...

2019.4.30 Motion to Tax Costs 714
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.30

Excerpt: ...32(b).) The losing party may dispute any or all of the items in the prevailing party's memorandum of costs by a motion to strike or tax costs. (CRC 3.1700(b).) If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. (Ladas v. California State Automotive Assoc. (1993) 19 Cal.App.4th 761, 773‐774.) On the other hand, if the items are pro...

2019.4.29 Demurrer 541
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.29

Excerpt: ...wer (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984...

2019.4.26 Motion for Leave to file Amended Complaint, Demurrer, Motion to Strike 885
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.26

Excerpt: ...is SUSTAINED WITHOUT LEAVE TO AMEND and the Motion to Strike these Causes of Action is MOOT. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparen...

2019.4.25 Demurrer 035
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.25

Excerpt: ... courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the ...

2019.4.24 Motion for Leave to File Amended Answer 690
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.24

Excerpt: ...ch terms as may be proper, allow a party to amend any pleadings.” (CCP § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Defendant proposes to add additional affirmative defenses relating to Plaintiff's supposed accord and satisfa...

2019.4.23 Motion for Summary Judgment 176
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.23

Excerpt: ...ng for summary judgment/adjudication has met her burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP § 437c(p)(2).) “A defendant can satisfy its burden by presenting evidence that negates an element of the cause of action or evidence that the plaintiff does not possess and cannot reasonably expect to obtain evidence needed to support an e...

2019.4.23 Motion to Contest Designation of Docs 076
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.23

Excerpt: ...Motion Contesting Designation of Documents and Motions In Limine Given the confidential nature of this motion, the Court has attempted to remove any information concerning the identification of the challenged documents at issue. If it is necessary, the Court intends to hear any additional argument under seal. Plaintiffs Joseph Hourany, Veronique Hodurany, and Urvashi Sura (collectively, the “Plaintiffs”) move to have the Court rule on the des...

2019.4.22 Demurrer 170
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.22

Excerpt: ...da (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidenc...

2019.4.22 Demurrer, Motion to Strike 982
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.22

Excerpt: ...sidering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it l...

2019.4.17 Demurrer
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.17

Excerpt: ...ead the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects a...

2019.4.16 Demurrer 042
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.16

Excerpt: ...icer, mortgagee, trustee, beneficiary, or authorized agent shall not record a notice of sale or conduct a trustee's sale…” (CC 2924.11(b).) Par. 23 alleges that plaintiffs submitted a complete Request for Modification Application with Wells Fargo on 10/16/18, and that there exists an upcoming sale date of 10/23/18. (Complaint, Par. 26.) Par. 24 alleges that “Defendants, having received and agreed to review plaintiffs' loan modification appl...

2019.4.10 Motion for Leave to File Amended Complaint 554
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.10

Excerpt: ...ce, and on such terms as may be proper, allow a party to amend any pleadings.” (CCP § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Discovery revealed lack of documents regarding the alleged accounting and bookkeeping work that ...

2019.4.9 Motion for Summary Adjudication 276
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.9

Excerpt: ... (“decedent”), evidentiary objections are overruled. Defendant's evidentiary objections to plaintiff's declaration are overruled. Merits A defendant moving for summary judgment/adjudication has met his burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP § 437c(p)(2).) “A defendant can satisfy its burden by presenting evidence that neg...

2019.4.5 Motion for Summary Judgment 339
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.5

Excerpt: ...action. As an initial matter, defendant's evidentiary objections are sustained as to objections numbers 1, 4, 7‐11, and 13‐14 and the remaining objections are overruled. A defendant moving for summary judgment/adjudication has met its burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP § 437c(p)(2).) The elements for Negligent Supervisi...

2019.4.4 Motion for Judgment Notwithstanding the Verdict 714
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.4

Excerpt: ...auter v. Zogarts (1975) 14 Cal.3d 104, 110.) For JNOV motion purposes, all evidence supporting the verdict is presumed true; the issue is whether these facts constitute a prima facie case or defense as a matter of law. (Fountain Valley Chateau Blanc Homeowner's Ass'n v. Department of Veterans Affairs (1998) 67 Cal.App.4th 743, 750.) The trial judge cannot weigh the evidence or determine the credibility of witnesses on JNOV motions. (Carter v. CB ...

2019.4.4 Demurrer 772
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.4

Excerpt: ... 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal....

2019.4.4 Motion for Issuance of Writ of Execution 469
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.4

Excerpt: ...of defendants on all causes of action. Plaintiff appealed the decision. During the pendency of the appeal, defendant Robert caused to be levied a Writ of Execution for costs of $15,086.17. On May 17, 2017, the Court of Appeal issued a Remittitur, stating, “The judgment and the award of costs are reversed.” Although the court of appeal affirmed Judge Oki's finding that defendant Michael was not negligent, it reversed Judge Oki's finding on the...

2019.4.2 Demurrer, Motion to Strike 415
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.4.2

Excerpt: ...n Clements (“cross‐complainants”) on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. UNCERTAINTY Demurrer on grounds of uncertainty will not be sustained unless the complaint is so bad that the defendant cannot reasonably respond. (Koury v. Maly's of California (1993) 14 Cal.App.4th 612, 616.) The court finds that the First and Second Causes of Action are not so uncertain that cross‐...

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The Best Way toLearn About a Judgeis to Read Their Rulings!

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Learn About a Judgeis to Read Their Rulings!