Excerpt: ...dicial Notice (Agritech's Bankruptcy Petition). (Cal. Ev. Code §452.) Cross-Defendant's Request for Judicial Notice is GRANTED as to the existence of the documents, but not as to any hearsay statements therein as to Exhibits 1, 2, and 3 of the Dombrosky Declaration. Exhibits 1, 2, and 3 of the Dombroksy Declaration seek judicial of various contracts and agreements at issue in this case—Term Sheet for Series A Preferred Stock Financing; Vertica...

Excerpt: ...g portions of Plaintiff's proposed FAC pursuant to CRC § 2.550 and 2.551. Unless confidentiality is required by law, court records are presumed to be open to the public. (CRC 2.550(c).) Therefore, pleadings, motions, discovery documents, and other papers may not be filed under seal merely by stipulation of the parties. A prior court order must be obtained. (CRC 2.551(a); see H.B. Fuller Co. v. Doe (2007) 151 CA4th 879, 888.) At a minimum, a part...

Excerpt: ...Farm”) moves for summary judgment, or alternatively, summary adjudication of issues pursuant to CCP § 437c. 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).) Defendant State Farm moves for summary adjudication of the following issues: ISSUE 1 Defendant contend...

Excerpt: ...of Vegas Retail, Inc; MMNV2 Holdings I, LLC, MMNV2 Holdings V, LLC; MMOF Fermont Retail, Inc.; MedMen NY, Inc.; MME Flordial, LLC; Adam Bierman; Andrew Modlin, and Does 1 through 25. The complaint alleges eight causes of action for: (1) Breach of Contract – Demotion; (2) Breach of the Implied Covenant of Good Faith And Fair Dealing; (3) Breach of Contract – Termination Without Cause; (4) Breach of Contract – Refusal to Pay Legal Fees and Ex...

Excerpt: ...equires both an ascertainable class and a well- defined community of interest among class members.” (Gattuso v. Harte-Hanks Shoppers, Inc. (2007) 42 Cal.4th 554, 575.) “The ‘community of interest' requirement embodies three factors: (1) predominant questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.'” (Id.) Plaintiff GUTIERR...

Excerpt: ...er Enterprises, Inc., Plaintiff's predecessor-in-interest, and Defendants entered into a 5-year commercial lease. Defendant breached the lease, and abandoned the property on 2/22/18. Plaintiff mitigated damages by leasing the space to a new tenant on 9/24/18. Damages total $215,088.96. MSJ MSJ A Plaintiff has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action...

Excerpt: ... will be CONTINUED, and the Clerk will notify the parties of the continued hearing date. #4 TENTATIVE ORDER I. Defendant Empire Transportation, Inc.'s demurrer to first amended complaint is SUSTAINED without leave to amend as to the 4 th cause of action, and SUSTAINED as to the 3 rd cause of action. The court will hear from Plaintiff regarding any grounds warranting leave to amend the 3rd cause of action. II. Defendant Empire Transportation, Inc....

Excerpt: ...f the court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Claudine Nesbitt, at 805‐477‐ 5894, stating that you submit on the tentative. A copy of...

Excerpt: ... alleged contemnor…. Hence a contempt proceeding is one where oral testimony is permitted by statute…. [¶] [T]he trial court [is] empowered to hear the matters before it upon declarations and to exclude oral testimony.” (Reifler v. Superior Court (1974) 39 Cal.App.3d 479, 484-485.) On December 11, 2019, this Court issued an Order to Show Cause Re Contempt ordering Defendants to appear and show cause as to why: Defendants should not be held...

Excerpt: ...erminating Sanctions CCP §2023.010 includes: “(d) Failing to respond or to submit to an authorized method of discovery” and “(g) Disobeying a court order to provide discovery.” CCP §2023.030 provides, in part: “To the extent authorized by this chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, may impose the [sanctions] against anyone engaging in condu...

Excerpt: ... Code Claim only seeks $15,000.00 in damages. In Opposition, Plaintiff argues that BUSD's is untimely and that BUSD has not shown that the matter will “necessarily” result in a verdict below $25,000.00. “If a party files a motion for reclassification after the time for that party to amend the party's initial pleading or respond to a complaint, cross-complaint, or other initial pleading, the court shall grant the motion and enter an order fo...

Excerpt: ...arties to give NOTICE. Defendants Southern California Specialty Care, LLC, Kindred Healthcare Operating, LLC, Kindred Hospitals West, LLC, Kindred Nursing Centers Limited Partnership, and Kowalski move to compel arbitration pursuant to the Federal Arbitration Act and CCP 1281.2. A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as ...

Excerpt: ...est for judicial notice is GRANTED as to the existence of the document, but not as to any hearsay statements contained therein. (Cal. Ev. Code §452.) This action for wrongful foreclosure was filed by Plaintiffs ERIC GONSALEZ and ARIANA CRUZ on July 8, 2019. The relevant facts, as alleged, are as follows: “Defendants have been conducting foreclosure activities under the guise of loss mitigation review. This process brings high commission/fee fo...

Excerpt: ...SICA APARTMENTS. Allegedly, during the course of their tenancy, Plaintiffs notified Defendants of numerous health and safety issues at the CORSICA APARTMENTS at various times throughout the course of their tenancies. “[O]n the evening of February 22, 2918, a highly destructive fire (the ‘fire') raged through the CORSICA APARTMENTS, PLAINTIFFS are informed and believe that the fire began in or around the third floor and spread through the CORS...

Excerpt: ...earing on the motion for summary adjudication on the first cause of action to provide Plaintiff with an opportunity to cure defects as to the foundation for certain evidence. The hearing is CONTINUED to Thursday, September 19, 2019 at 1:30 p.m. in Dept. SE-C. Plaintiff is to provide any additional evidence before 10:00 a.m. on Friday, September 6, 2019. Defendant AHEER may provide further response to the evidence before 10:00 a.m. on Friday, Sept...

Excerpt: ...dants' US WAREHOUSE, INC.; MIZARI WEST ENTERPRISES, INC.; and MIZARI ENTERPRISES, INC.'s Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED without leave to amend. CCP §430.10(e). Moving Party to give Notice. This action for breach of contract was filed by Plaintiff NORTH BAY DISTRIBUTION, INC. on July 16, 2018. The relevant facts, as alleged, are as follows: “On or about May 20, 1999, Team Freight Systems, Inc…. entered a commerc...

Excerpt: ...of attachment in the sum of $144,480.32. At the hearing, the court shall consider the showing made by the parties appearin g and shall issue a right to attach order, which shall state the amount to be secur ed by the attachment determined by the court in accordance with Section 483.01 5 or 483.020, if it finds all of the following: 1. The claim upon which the attachment is based is one upon which an attachment may be issued 2. The plaintiff has e...

Excerpt: ...April 15, 2019, asserts the following causes of action: (1) Violation of Cal. Civ. Code §2923.7; (2) Breach of Contract; (3) Breach of Implied Covenant of Good Faith and Fair Dealing; (4) Negligence; and (5) Unfair Business Practice. Defendant demurs to all causes of action based on CCP § 430.10(e). Defendant's request for judicial notice is GRANTED with respect to the existence of the documents, but not as to any hearsay statements contained t...

Excerpt: ... to constitute a cause of action. [The court notes that MV Transportation filed a Notice of Settlement on 8/8/19, and MV Transportation took its demurrer and motion to strike off calendar through the court reservation system. Therefore, this court will only address City's demurrer.] The Second Amended Complaint (“SAC”) alleges that on 12/10/17, Defendants negligently entrusted, managed, maintained, drove, operated, controlled and supervised t...

Excerpt: ...issue sanction, evidence sanction, terminating sanction, and contempt sanction. (CCP § 2023.030.) The sanctions the court may impose are such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but the court may not impose sanctions which are designed not to accomplish the objects of discovery but to impose punishment. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3...

Excerpt: ... overruled. Co-Defendant Hoover Materials Handling Group, Inc.'s evidentiary objections 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).) This case arises out of the death of Decedent Jesus Aguilar Rocha from injuries sustained in a chemi...

Excerpt: ...taken of Defendant's exhibits. (Ev. Code 452.) Procedural History On May 29, 2015, Khulood Cotta (“Khulood” or Decedent) filed an action for breach of contract against Plaintiff Shamaan (Case No. BC583501). (FAC, ¶21.) On August 3, 2016 Judgment was entered in favor of Khulood and against Plaintiff for three properties: 1) the Humboldt Property; 2) the Florence Property; and 3) the Wilcox Property. Plaintiff alleges that Khulood had an oral ...

Excerpt: ...it is $44,752.34, and an undertaking of $10,000.00 is ordered as provided for by statute. CCP §489.220. Moving Party to give notice. Demurrer This action for breach of contract was filed by Plaintiff INTERPOOL, INC. on April 10, 2019. Plaintiff's Form Complaint asserts the following causes of action: (1) Breach of Contract; (2) Common Counts – Account Stated; (3) Common Counts – Services Rendered; and (4) Unjust Enrichment. Plaintiff alleges...

Excerpt: ... is MOOT. IV. Defendant KYU SANG KIM's motion to strike portions of Plaintiff's Complaint is MOOT. Moving Party(s) to give notice. Defendants' Requests for Judicial Notice are GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. (Cal. Ev. Code §452.) This action for contractual fraud was filed by Plaintiff MICHELLE KIM on January 17, 2019. The relevant facts, as alleged, are as follows: “Plainti...

Excerpt: ...taken of Defendant's exhibits. (Ev. Code 452.) Procedural History On May 29, 2015, Khulood Cotta (“Khulood” or Decedent) filed an action for breach of contract against Plaintiff Shamaan (Case No. BC583501). (FAC, ¶21.) On August 3, 2016 Judgment was entered in favor of Khulood and against Plaintiff for three properties: 1) the Humboldt Property; 2) the Florence Property; and 3) the Wilcox Property. Plaintiff alleges that Khulood had an oral ...

Excerpt: ...Plaintiff has since withdrawn the 12 th and 20 th causes of action. Therefore, the court will only address the remaining causes of action.] The Second Amended Complaint (“SAC”) alleges that Plaintiff's daughter (Sandra Santoyo) and her son-in-law (Robert Santoyo) tricked Plaintiff into transferring title to her property to them through fraud, forgery and undue influence. Plaintiff alleges that the Serrato Defendants purchased the property fro...

Excerpt: ...il to state facts sufficient to constitute a cause of action and are uncertain. The Second Amended Complaint (“SAC”) alleges that the real estate Defendants defrauded Plaintiff into signing a loan that disproportionately benefited Defendants. Based on these facts, the SAC asserts causes of action for: 1. Quiet Title 2. Professional Negligence 3. Breach of Fiduciary Duty 4. Intentional Misrepresentation 5. Negligent Misrepresentation 6. Conspi...

Excerpt: ...ned therein. (Cal. Ev. Code §452.) Defendants' evidentiary objections are overruled for failure to submit a proposed order in compliance with Rule 3.1354 of the California Rules of Court. Moreover, some of the pages and paragraph numbers cited to, do not correspond with the quoted objectionable sentences or paragraphs. This action for breach of contract was filed by Plaintiffs KEITH BLACK, INC. (“KBI”) and FAST MACHINE, INC. (“FMI”) (col...

Excerpt: ...iffs RICARDO RUBIO and TERESA RUBIO (collectively “Plaintiffs”) on September 24, 2018. The relevant facts, as alleged, are as follows: “On or about January 24, 2008 Plaintiffs Ricardo and Teresa Rubio executed an ‘Installment Note' in the amount of $50,000.00 payable to ‘Bancor, Inc.' Exhibit A. A ‘Short Form Deed Trust and Assignment of Rents' was also executed on or about the same day which appears to secure the note. Exhibit B. The...

Excerpt: ...CP §§128.5 and 128.7. A trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay. (CCP §128.5(a).) “Sanctions ordered pursuant to this section shall be ordered pursuant to the following conditions and procedures… (A) A motion for sanc...

Excerpt: ...D AND SCHMIDT CONSULTING ENGINEERS, INC.'s Request for Judicial Notice is GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. Cal. Ev. Code §452. Defendant/Cross-Complainant ROCKVIEW DAIRIES, INC.'s Request for Judicial Notice is GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. Cal. Ev. Code §452. Plaintiff/Cross-Defendant STEARNS, CONRAD AND ...

Excerpt: ...r summary judgment, or in the alternative, summary adjudication on the first cause of action against Defendant CAL STATE XPRESS INC. and on the fourth cause of action against Defendant SHINDA AHEER. The Court GRANTS summary adjudication in favor of Plaintiff and against Defendant CAL STATE XPRESS on the first cause of action for breach of contract and DENIES summary adjudication on the fourth cause of action for breach of contract against Defenda...

Excerpt: ...ross-Complainant Applied Underwriters Captive Risk Assurance Company Inc. (“AUCRA”) has sued Cross-Defendants Shims Bargain, Inc. dba JC Sales and The, Inc. (collectively, “Shims”) for breach of a Reinsurance Participation Agreement. See Cross-Complaint, first cause of action for breach of contract. The cross-complaint alleges that EquityComp is a loss sensitive workers' compensation insurance program through which participants can obtain...

Excerpt: ...obable validity of the claim based on a preponderance of evidence. (CCP §§405.32m 405.31; Kirkeby v. Sup. Ct. (2004) 33 Cal.4th 642, 648.) The decision regarding the likelihood that a plaintiff will prevail, as to a motion to expunge, reflects trial courts' evaluations of the record, which appellate courts will review for substantial evidence, but they will reweigh moving and opposing parties' conflicting evidence or adjudge credibility of witn...

Excerpt: ...upon terms it deems proper, strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP 436.) The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice (e.g., the court's own files or records...

Excerpt: ...days. Moving Party to give NOTICE. Defendant Cotta moves to compel Plaintiff's further responses to request for production of documents pursuant to CCP 2031.310. CCP 2031.310 allows a party to file a motion compelling further responses to document demands if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer decla...

Excerpt: ...ts: On March 8, 2017, Plaintiff James Eubanks underwent spinal surgery at Kaiser Permanente Downey Medical Center. The surgery was performed by Elizabeth Nordheim, M.D. During surgery, Plainitff's legs were fitted with automatic compression devices to prevent blood clotting. The devices were produced by Defendant Arjo, Inc. Neuromonitoring of Plaintiff during the surgery was performed by Defendant Alpha Diagnostics. For purposes of this motion, D...

Excerpt: ...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).) Complaint The operative complaint is the First Amended Complaint (“FAC”), filed on 7/27/18. Plaintiffs Usbaldo Munoz and Jaime Gonzalez allege that on 11/24/17, Plaintiff Munoz saw unknown men with chainsaws on ...

Excerpt: ...NE KAKOYAN, MARIANNA KAKOYAN, and ALBERT KAKOYAN on September 19, 2017. The relevant facts are as follows: “Defendants Hasmik Kakoyan and Aida Kakoyan, are the aunts of Plaintiffs Marianna Kakoyan and Albert Kakoyan, respectively….” (TAC ¶14.) “On or about April 26, 2002, Plaintiff Karine Kakoyan and her now-deceased spouse, Hmayak Kakoyan, jointly applied for and obtained a Life Insurance Policy from Conseco Life Insurance Company, Poli...

Excerpt: ...ion for contractual fraud was filed by CHARLEY JOHNSTON (in pro per) on June 21, 2018. The relevant facts, as alleged, are as follows: “Case #VC065435 came to a 3-day trial in December 2016. Judge Meyers issued a final judgment (Exhibit 2) on Sept. 7 of 2017. It clearly defines the value ($38,649.50) David Meneghini was ordered to pay to Charley Johnston to take over 100% ovwnership of the LLC. The final judgment also gave David Meneghini a 30-...

Excerpt: ...D. CCP §2033.280. Moving Party to give notice. Motion for Summary Judgment/Adjudication: This action for reformation was filed on May 16, 2018. Plaintiff alleges in pertinent part, “On or about September 22, 2005, the Leon Defendants encumbered the Property with a loan of $250,000.00 from American General Financial Services, Inc…. Plaintiff is the current holder of the Note and the record beneficiary of the Deed of Trust…. [¶] The legal d...

Excerpt: ...oving Party to give notice. The Court notes that DAG LAW FIRM, APC's Motion(s) to Withdraw as Counsel of Record for Plaintiffs MARTIN HOLGUIN and SILVIA HOLGUIN were granted on June 19, 2019 and June 26, 2019, respectively. As of July 3, 2019, no Substitution of Attorney forms have been filed or lodged with the Court. This personal injury action was filed by Plaintiffs MARTIN HOLGUIN (in pro per) and SILVIA HOLGUIN (in pro per) (collectively “P...

Excerpt: ...ings from Calendar is OVERRULED and DENIED. A motion for judgment on the pleadings may be made when a “defendant has already filed his or her answer to the complaint and the time for the defendant to demur to the complaint has expired.” (CCP §438(f)(2).) Plaintiff's First Amended Complaint was filed on May 9, 2019. Defendant OCWEN LOAN SERVICING, LLC's Answer was filed on June 10, 2019. The time to demur had expired on June 10, 2019. The ins...

Excerpt: ...stay plaintiff's deposition subpoena for production of business records of Mercury Insurance Company is GRANTED. IV. Defendant 6059 Greenleaf LLC's unopposed motion for protective order regarding deposition subpoena for production of business records of Mercury Insurance Company is MOOT. Reduced sanctions for all four motions are imposed against Plaintiff and counsel, jointly and severally, in the sum of $2,000.00, payable within 30 days. V. Plai...

Excerpt: ... EAST ANDERSON STREET LLC and ZION VANOUNOU's attached as Exhibits F and G to the Moving Papers are NOT deemed filed and served as of the hearing date. Defendants shall File and Serve the Demurrer and Motion to Strike within 10 calendar days (plus 5 extra days for service by mail), from the date of this hearing. This matter is restored as an active civil case. All parties are ORDERED to appear for the currently scheduled DEFAULT PROVE UP HEARING ...

Excerpt: ...e) within 30 days of the date of this hearing. When a motion to expunge lis pendens is filed, the burden is on the opposing party to show that the complaint contains allegations of a real-property claim, and to evidence the probable validity of the claim based on a preponderance of evidence. (CCP §§405.32m 405.31; Kirkeby v. Sup. Ct. (2004) 33 Cal.4th 642, 648.) The decision regarding the likelihood that a plaintiff will prevail, as to a motion...

Excerpt: ...or Protective Order. “(a) When requests for admission have been made, the responding party may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) The court, for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. This protective order may include, but is ...

Excerpt: ...NZA's Demurrer to Plaintiff's First Amended Complaint Defendant's Request for Judicial Notice is GRANTED as to the existence of the document, but not as to any hearsay statements contained therein. (Cal. Ev. Code §452.) This action concerning real property was filed by Plaintiff MARIA SANCHEZ (“Plaintiff”) on August 24, 2018. Plaintiff is 83 years old, and the mother of Defendant SAMUEL P. YNZUNZA (“Defendant”). Plaintiff alleges that �...

Excerpt: ...t. Moving Party to give notice. This employment action was filed by Plaintiff VINOCHANDRA PHILIPBHAI on March 16, 2018. Plaintiff alleges, in pertinent part: from August 2012 through October 2017, Defendants employed Plaintiff as a retail clerk at Defendants' convenience store in Whittier, CA. (SAC, ¶13.) “Plaintiff's employment was pursuant to an oral employment agreement…. The terms…were that Plaintiff would be employed as an at will emp...

Excerpt: ...s the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, o...