Excerpt: ...� $9,277.29 (3) Service of process ‐ $485.00 (4) Court reporter fees ‐ $5,625.85 (5) Models, enlargements, and photocopies of exhibits ‐ $27,092.09 Plaintiff moves to tax costs. II. Standard A prevailing party (including a “defendant as against those plaintiffs who do not recover any relief against that defendant”) is “entitled as a matter of right to recover costs in any action or proceeding” under CCP §§ 1032(a)(4) and (b). A �...

Excerpt: ...apers on March 12, 2018, and has filed a proof of service reflecting timely service on Plaintiff only. (It appears Defendant has not been served with the summons and complaint.) Counsel moves to be relieved because of “irreconcilable differences and breakdown in communications…” (Declaration.) A CMC and OSC re failure to prosecute is set for April 18, 2018, and trial has not been set. II. Standard Under CCP § 1005(b), moving and supporting...

Excerpt: ...otion without prejudice because: (1) [C]ounsel's purported reason for bringing the motion (“a significant breakdown in the attorney‐ cleint [sic] relationship”) is too vague, and (2) counsel has not demonstrated, considering the fast‐ approaching April 16, 2018 trial date, that it took “reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client…” (Rule of Professional Conduct 3‐700(A)(2).) Counsel has a...

Excerpt: ...��). Allegedly: Defendant Design Group Facility Solutions, Inc. (“DGFS”) was the general contractor hired by SMS for a construction project on the property of the alleged accident. Defendant Watson Partners L.P. is the owner of the property. DGFS had contracted with Defendant C&L Refrigeration Corporation to install refrigeration systems at the property. C&L contracted with Vast to install electrical components for the refrigeration systems. ...

Excerpt: ...ndant Gil de Rubio, M.D. have reportedly settled, and this Defendant moves unopposed for determination of good faith settlement in the amount of $200,000. I. Standard CCP § 877.6(a) entitles any party to an action involving two or more alleged joint tortfeasors to a hearing on the issue of a good faith settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors. In Tech‐Bilt, Inc. v. Woodward‐Clyde & Associ...

Excerpt: ...ina Hernandez. There were no specific allegations against former Defendant Green Apple Escrow, except that the sale was made “thru [sic] an Escrow with Green Apple Escrow, Inc…” (Original Complaint, ¶ 16.) Nevertheless, Plaintiffs asserted Causes of Action alleging Specific Performance, Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, and Fraud, against Green Apple. The Court sustained Green Apple's demurr...

Excerpt: ...rrer is unopposed. The First Amended Complaint states: ¥Vera is the owner of the premises; ¥Raul is in possession of the premises via tenancy at will; ¥There is no written lease agreement; ¥RaulÕs tenancy Òbegan when Plaintiff allowed Defendant to reside at the premises for an indefinite period of timeÉÓ ¥Vera caused a 30 -Day Notice to be served on Raul on October 20, 2017; ¥The Notice included an election of forfeiture; ¥Raul failed ...

Excerpt: ...inst Defendants James William Buckley and John Whitney Buckley. On the same date, the Court, upon First American's request, dismissed with prejudice Defendants Fred Hanes and Kathleen Ann Buckley Hanes. First American has submitted an unopposed application for order for sale of dwelling. A proposed order has been submitted. The Court denied without prejudice First American's previous application on June 8, 2017. II. Discussion A. Standard A court...

Excerpt: ...rmining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross‐complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading.” CCP § 430.41(a)(3) further requires: “The demurring party shall file and serve with the demurrer a declaration stating either o...

Excerpt: ...rth causes of action against Pacesetter. Pacesetter demurs to the second and third causes of action only. Plaintiff alleges that:  He worked as an independent contractor for Hyrecar and rented his vehicles through Hyrecar's car sharing platform;  One of Plaintiff's cars was embezzled through the platform;  Plaintiff requested an appraisal report from Hyrecar's third party administrator: Pacesetter, who offered Plaintiff $17,000 cash valu...

Excerpt: ...nt. Defendants answered the Complaint and filed a Cross‐Complaint. Plaintiff (1) demurs to the Defendants' Answer and Cross‐Complaint, and (2) moves for sanctions against Defendants. The demurrer and the motion for sanctions are based on Plaintiff's argument that Defendants are not, and never were, licensed welding contractors. II. Standard A. Demurrer Where the complaint fails to state facts sufficient to constitute a cause of action, courts...

Excerpt: ...out Plaintiff's former counsel (Nguyen) was effected only on March 13, 2018. Defendants must address this at the hearing. Second, the motion was not served 16 court days before the hearing as required by CCP § 1005(b). Third, the motion to quash was filed as to 6 defendants, but fees were paid only as to one party. The Court denies this motion, without prejudice, on these grounds. II. On the merits If the Court reaches the merits, it would grant...

Excerpt: ...e; no new documents have been submitted. The Court therefore re‐posts its tentative ruling. In this wrongful death action, Defendant Wesley Blake allegedly was driving a tractor with a container atop his trailer when that container clipped the bottom of an overpass, dislodged, fell onto the adjacent sidewalk, and killed Robert Castorena. Blake was driving on behalf of Defendant Brindley Transportation, and the vehicle Blake was driving was owne...

Excerpt: ...f's counsel Marcus Gomez has submitted a declaration stating that he failed to appear at the August 30, 2017 Case Management Conference and OSC re Dismissal for Failure to Prosecute because he failed to calendar that hearing date. II. Standard CCP § 473(b) provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken agains...

Excerpt: ...herein the incident occurred… Defendant… interrupted my efforts to attain relief from the colluding actions of the car dealer and lender for my purchase of my 2013 Chevy Cruze car.” No other facts are alleged. Plaintiff requests $30,000 in damages. There are three motions or requests before the Court: Plaintiff's request for default judgment, Defendant's motion to set aside default, and Defendant's motion to change venue. II. Motion to set ...

Excerpt: ...o Causes of Action in the body of the Complaint, both for “Injunctive Relief.” Plaintiff alleges that:  He is the former owner of property that was sold to Defendants at a trustee's sale;  Defendants are now seeking to evict Plaintiff via Unlawful Detainer action;  The UD action is being wrongfully prosecuted;  Defendants (unspecified who) ordered a “gang of men” to commit grand theft at the property;  The foreclosure was w...

Excerpt: ...o alleges that she was improperly misdiagnosed as mentally incompetent and forced to take psychiatric medication. Defendant is a public entity. Plaintiff prays for compensatory damages (in the amount of “one billion dollars”). Under the Government Claims Act, Plaintiff may not maintain an action for damages against a public entity unless a written claim has first been presented to the public entity and rejected. (Government Code §§ 900.4, 9...

Excerpt: ... not defaulted on its rent payment obligations; and (2) the Complaint is uncertain. Defendant's arguments are unavailing because:  Defendant fails to explain how the Complaint is factually deficient.  Defendant fails to cite to any authorities for his proposition (based on extrinsic evidence) that an Unlawful Detainer Complaint based on a month‐to‐month tenancy must allege default or some wrongdoing by the defendant. (Compare CCP §§ 1...

Excerpt: ...Defendant HSBC Bank USA such that neither Defendant has standing to foreclose. Defendants HSBC and Wells Fargo demur to the entire FAC, and move to strike portions of the FAC. The demurrer and motion to strike are unopposed. The Court sustained these Defendants' demurrer to Plaintiff's original complaint with leave to amend on December 19, 2017. At the February 7, 2018 Case Management Conference, the Court noted that Plaintiff “intends to move ...

Excerpt: ...s allegedly broke into the property and changed the locks. As a result of Jennings' conduct, Plaintiff was allegedly left without a home for three days, until the Los Angeles County Sheriff restored Plaintiff's possession. Plaintiff asserts three causes of action against Defendant James Jennings: (1) Forcible Eviction; (2) Intentional Infliction of Emotional Harm (“IIED”); and (3) Conversion. Defendant Jennings moves for judgment on the plead...

Excerpt: ...cipated in an unfruitful Informal Discovery Conference on January 5, 2018. Defendant moves to compel (1) Plaintiff's deposition in Los Angeles (or make Plaintiff pay for Defendant's Spain trip); and (2) “production of documents without objection” at the deposition. II. Analysis A. Objections The Court need not rule on Plaintiff's Objections because they are immaterial to the Court's ruling on this motion. B. Motion to compel production of doc...

Excerpt: ... Defendant filed a Motion to Vacate the Renewal of Judgment for failure to serve her with the Summons and Complaint. The Court granted this motion on December 4, 2017, and instructed Defendant to respond to the Complaint. II. Analysis Defendant now moves to dismiss the action. CCP § 683.170 states: “The renewal of a judgment pursuant to this article may be vacated on any ground that would be a defense to an action on the judgment…” The fai...

Excerpt: ...om the Church property transaction, and $73,254.17 from the Compton property transaction; and  Russo is entitled to recover $802 in costs, but not the $300 spent opposing a demurrer in the underlying case, or $500 spent on a failed motion for summary judgment. The Court also found that Russo's default package contained the following defects:  Russo had not proven fraud or punitive damages pursuant to Civil Code section 3294 against Culkin. ...

Excerpt: ...real property, and seeks partition of that property. Defendant filed an Answer on October 28, 2015. On September 13, 2016, the Court noted that, since filing the Answer, “Defendant and Defense counsel have not participated in any of the court's proceedings to date.” (September 13, 2016 Minute Order.) On July 20, 2016, the Court imposed $1,500 in sanctions against Defense counsel for failure to participate in Case Management. Defense counsel a...

Excerpt: ...tories, Set One, and (2) Request for Production of Documents, Set One. Plaintiff also requests sanctions in the amount of $2,860 for each motion. Timely opposition and reply papers have been filed. The parties have previously engaged in failed meet and confer efforts and an unfruitful Informal Discovery Conference. (October 30, 2017 Minute Order.) Defendant had previously requested multiple extensions to respond to Plaintiff's discovery requests,...