Excerpt: ...el. & Tel. Co. ( 1953) 121 Cal.App.2d 497, 500. Defendants argue AAA Tree Service, LLC (AAA) is an indispensable party because it is the party to the Equipment Finance Agreements. However, there are two separate contracts attached as Exhibit B to the Complaint. First, ther e is the Assignment and Assumption of Finance Contract which assigns the rights and obligations of the contract attached as Exhibit A to the Complaint from Frank Manqueros DBA ...

Excerpt: ...urts are bound to apply a p olicy of great liberality in permitting amendments to the complaint “at any stage of the proceedings, up to and including trial,” absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) Absent prejudice, delay alone is not ground for denial. If delay in seeking the amendment has not misled or prejudiced the other side, the liberal policy of allowing amendments prevails. Indee...

Excerpt: ...owing: (1) The claim upon which the attachment is based is one upon which an attachment may be issued; (2) The plaintiff has established the probable validity of the claim upon which the attachment is based; (3) The attachment is not sought for a purpose other than the r ecovery on the claim upon which the attachment is based; and (4) The amount to be secured by the attachment is greater than zero. Code Civ. Proc., § 484.090, subd. (a). A claim ...

Excerpt: ... to amend wh ere the challenged cause of action is entirely duplicative of another cause of action and “thus add[s] nothing to the complaint by way of fact or theory of recovery.” (Palm Springs Villas II Homeowners Assn., Inc. v Parth (2016) 248 Cal.App.4th 268, 290 (q uoting Rodrigues v. Campbell Indus. (1978) 87 Cal.App.3d 494, 501).) Cause of Action 4 – Negligence per se: “ ‘[T]he doctrine of negligence per se is not a separate cause...

Excerpt: ...in response to the Complaint for Damages and Equitable Relief within 10 days of the expiration of the period of time to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendant Carrington Mortgage Services, LLC's Request for Judicial Notice is GRANTED as to Exhibits 1 -5. (See Evid. Code, § 452, subds. (c), (h); Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924 fn. 1 [courts may take judicial notice of the existence and contents o...

Excerpt: ...ended Comp laint is SUSTAINED without leave to amend as to the 5th Cause of Action with respect to Defendant Edward Kline, the 8th Cause of Action with respect all Moving Defendants, and the 9th Cause of Action with respect to All Moving Defendnts. Defendants Cesar Scolari, Vern Malpass, Robert Gunderson, and Edward Kline shall file answer(s) or other pleading(s) in response to the First Amended Complaint for Damages within 10 days of this rulin...

Excerpt: ...y be implied or inferred from those expressly alleged in the complaint. [Citations.]” City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459. 10 Code of Civil Procedure section 452 states, “In the construction of a pleading, f or the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transpor...

Excerpt: ...re sectio n 1005, which requires that all moving papers be served and filed at least 16 court days prior to the hearing date. (See Code Civ. Proc., § 1005, subd. (b).) The court may deny the motion on this basis alone. (See Campanella v. Takaoka (1984) 160 Cal.App. 3d 504, 515 [trial court does not abuse its discretion by denying motion where moving party failed to follow notice procedure], disapproved on other grounds, Salas v. Sears, Roebuck ...

Excerpt: ... judgment o n the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings...” Here, Plaintiff's counsel failed to submit a declaration stating he met and confer...

Excerpt: ...these defects were waived by Plaintiff opposing the motions on the merits (see Carlton v. Quint (2000) 77 Cal.App.4th 690, 697), Defendant is admonished to timely file proof of service for all future motions. Motion 1: Demurrer A. Statute of Frauds Defendant contends, for each cause of action, the FAC alleges an oral agreement for an interest in real property, which is in violation of the statute of frauds. Civil Code section 1624, subdivision (...

Excerpt: ... any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (Code Civ. Proc....

Excerpt: ...he moving party is entitled to judgment as a matter of law. (McCabe v. American Honda Motor Co. (2002) 100 Cal.App.4th 1111, 1119; C.C.P. § 437c(c).) To satisfy this burden, a defendant moving for summary judgment must establish that one or more of the elements of a caus e of action cannot be established or that a complete defense exists. (Id.; C.C.P. § 437c(o).) If the defendant meets this burden, the burden shifts to the plaintiff to show a t...

Excerpt: ...to the plaintiff or cross -complainant” to show a triable issue of material fact. The language does not include co -defendants, nor does it simply refer to opposing parties, but rather specifically names and limits the opposing parties for a motion for summary judgment. Accordingly , Defendant Beach Front Property Management, Inc., as neither a Plaintiff nor a CrossComplainant, has no standing to oppose the present motion and the opposition pa...

Excerpt: ...ion of the 3rd and 4th Causes of Action. Standard for Summary Judgment and Summary Adjudication A party may move for summary judgment, which “shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the movi ng party is entitled to a judgment as a matter of law.” (Code Civ. Proc., § 437c, subd. (c).) In addition, “[a] party may move for summary adjudication as to one or more causes o...

Excerpt: ...ios is GR ANTED. Counsel Bruce A. Wilson's Motion to Be Relieved as Counsel for Defendant Cheiko Takahashi is GRANTED. The court ORDERS that Counsel Bruce A. Wilson submit an amended Order Granting Attorney's Motion to Be Relieved as Counsel – Civil (Form MC -053) for each of the above -named defendants to the court within 10 days of this ruling The court ORDERS that, within 30 days of receiving the signed Form MC -053 from the court, Counsel B...

Excerpt: ...ly (hereinafter “ Maria.) The motion is GRANTED as to Rosa's claims and DENIED and STAYED as to Maria's claims. Arbitration of Rosa's Claims Defendants move to compel arbitration pursuant to the Arbitration Agreement Rosa signed on 11/27/20. (“Agreement” – copy attached at Exhibit 1) The Agreement specifically states that “the parties acknowledge and agree that the Resident's admission and these other events evidence transactions affec...

Excerpt: ...es a separate statement. CRC 3.1345(c) provides that: “A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issu e. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response. Materi...

Excerpt: ...cial Notice (ROA 16), and Declaration of Reid A. Winthrop (ROA 18) (collectively, the “Attachment Papers”) that Plaintiffs filed in support of their ex -parte applications for right to attach orders. Unless confidentiality is required by law, court records are presumed to be open. (C.R.C. 2.550(c).) A record cannot be filed under seal without a court order. (C.R.C. 2.551(a).) To grant a motion to seal, the court must expressly find: 1. an...

Excerpt: ...t to judicial review except on the grounds set forth in sections 1286.2 (to vacate) and 1286.6 (for correction).” (Moncharsh v. Heily & Blase (1992) 3 C4th 1, 33.) A court has the power to vacate or correct an arbitrator's award on specific grounds. (CCP § 1286.) First, Respondent argues that it was prevented from presenting evidence, from filing a cross- complaint, and from a trial continuance and re -opening of discovery that would have ...

Excerpt: ...email addre ss is Defendants' email address of record with the court. When Defendants initially appeared in the action, the email address on their notice of petition and petition to compel arbitration was [email protected]. (ROA 27.) This email was deemed to be the proper email address for service, subject to the provisions set forth in Code of Civil Procedure section 1010.6, subdivision (d). (See Orange County Superior Court Local R...

Excerpt: ...o enf orce their judgments and statutory power to compel obedience to their judgments, orders and process. Code Civ. Proc. §§ 128(a)(4), 177; Security Trust & Sav. Bank v. Southern Pac. R.R. Co. (1935) 6 Cal.App.2d 585, 588; Brown v. Brown (1971) 22 Cal.App.3d 82, 84; see Blueberry Properties, LLC v. Chow (2014) 230 Cal.App.4th 1017, 1020- 1021. If, in the exercise of this jurisdiction, the course of proceeding is not specifically provided for ...

Excerpt: ...luding all subparts, within 20 days. Plaintiff adequately met and conferred. (See Le decl. ¶¶ 9 -15 & Exs. 7- 12.) Defendant has neither fully answered the interrogatories nor justified its objections. (See Coy v. Superior Court (1961) 58 Cal.2d 210, 220- 221; Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) The fact that defendant is a corporation does not excuse defendant's obligation to provide full and complete responses. (S...

Excerpt: ...all order t he petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist f or rescission of the agreement. (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same tr...

Excerpt: ... §340.6(a) applies to all three causes of action against them. This lawsuit was filed on July 23, 2020, but due to CRC Emergency Rule 9, the statute of limitations for actions filed from April 6, 2020 to October 1, 2020 was tolled until October 1, 2020. Thus, if the one -year statute of limitations applies and plaintiffs discovered, or reasonably should have discovered, the facts of defendants' alleged wrongful conduct more than one year before ...

Excerpt: ...ally requests reconsideration without specifying a particular Code section. In the interests of justice, the court will consider this motion under section 1008, subdivision (b), because a motion for reconsideration under section 1008, subdivision (a) would be untimely, but the requisite showing is largely the same. Code of Civil Procedure section 1008, subdivision (b) provides: “A party who originally made an application for an order which was ...