Excerpt: ...f a longstanding landlord-tenant relationship between plaintiff and the City of Fullerton. These motions – aimed at the complaint and cross-complaint - present some overlapping questions, all of which remain to be determined at trial: (1) When was the commencement date for the lease and when did the lease expire? (2) Did plaintiff properly exercise its option to renew the lease, and if not, why not? (3) Did the City repudiate the lease and if s...

Excerpt: ...ified declaration? Yes 3. Service on the State Bar in San Francisco? Yes – filed on 10/3/19 4. Good standing and not currently suspended or disbarred? Yes – admitted in Illinois federal and state courts 5. Number of other California appearances? None 6. Residence address? 9943 S.Clifton Park, Evergreen Park, Illinois 7. Office Address? 190 So. LaSalle Street, Suite 3700, Chicago, Illinois 8. Proof of payment? Yes – filed on 10/3/19 Moving a...

Excerpt: ...tten instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may upon his application, be so adjudged, and ordered to be delivered up or cancelled.” (Civ. Code § 3412.) Here, Plaintiffs seek cancellation of the Notice of Default. (Complaint, ¶ 75.) The Complaint alleges that on February 28, 2007, Plaintiff refinanced her property a...

Excerpt: ...(See V3, ROA Nos. 23 & 25.) The window to file a SLAPP was open until approximately mid-August 2018. Instead of filing a SLAPP motion, defendant C.A.R. Law, P.C. removed the case to federal court on 07/19/18. The California Supreme Court last year addressed the applicability of the 60-day deadline to amended pleadings when it affirmed a SLAPP denial in Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism, 4 Cal.5 th 637 (2018). In that...

Excerpt: ... that, “[w]hen 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 attorney's fees which may be awarded in the action or special proceeding.” Subdivision (b) provides that the motion is to be made on the ground that the plaintiff resid...

Excerpt: ... court denied two prior motions brought by Plaintiffs for the same relief, on the same grounds. Plaintiffs fail to comply with the requirements of Code of Civ. Proc.§ 1008. Moreover, the motion is procedurally deficient, as it fails to include a notice. A notice of motion “must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order,” as well as the papers upon which it is based. (CCP § ...

Excerpt: ...g party is the respondent if the Court of Appeal affirms the judgment without modification or dismisses the appeal.” (CRC 8.278(a)(2).) Here, Kelsey was the Respondent on appeal. The court of appeal affirmed the trial court's orders granting Kelsey his attorney fees. (Opinion, Case No. G055668.) The appellate opinion also awarded costs on appeal to Kelsey. (Id., p. 28.) Thus, the court finds that Kelsey is the prevailing party on appeal. (CRC, ...

Excerpt: ...ry except as otherwise provided by statute. (Gov't Code § 815(a).) City further argues that the liability of a public entity for injury caused by the dangerous condition of public properly is exclusively governed by Government Code Section 835, which Plaintiff has already alleged in her first cause of action for premises liability. City correctly argues that Plaintiff's premises liability cause of action alleges liability based on the dangerous ...

Excerpt: ... manner provided in subdivision (b) of Section 1005. … [¶] … [¶] (b) The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the notice of hearing, and any counter affidavits filed in response, or the court may, in its discretion, receive other evidence at the hearing. (c) A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or ...

Excerpt: ...e declaration of Laya Dogmetchi, although no specific request for judicial notice was made by moving parties as to these documents. As to Ex. A, the unpublished Court of Appeal decision, the court takes judicial notice of the opinion, but not as to the truth of factual findings made therein. (Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548; Western Mutual Ins. Co. v. Yamamoto (1994) 29 Cal.App.4th 1474, 1485.) As to Exs. B and C, the court takes ju...

Excerpt: ...n for Reconsideration is DENIED. (Code Civ. Proc. § 1008). Real Parties' motion was not based upon new or different facts, circumstances, or law, and failed to establish why such facts, conditions, or law were not provided at the initial hearing. The Real Parties' own moving brief cited Gov. Gray Davis Com. v. American Taxpayer Alliance (2002) 102 Cal.App.4th 449, thus it is not a “new” or “different” fact or law. The court's tentative d...

Excerpt: ...way Corporation dba Technologent for an Order Compelling Defendant Mary Gore's Further Responses to Demand for Inspection, Set Two, and For Production of ESI: 5. Motion by Plaintiff Thomas Gallaway Corporation dba Technologent for an Order Compelling Defendant Jonathan Grimm's Further Responses to Demand for Inspection, Set Two, and For Production of ESI: 6. Motion by Plaintiff Thomas Gallaway Corporation dba Technologent for an Order Compelling ...

Excerpt: ...use,” the burden shifts to responding party to justify any objections made to the document production. Kirkland v. Superior Court (2002) 95 Cal.App.4 th 92, 98. Also, defendant Walt Disney Parks and Resorts, U.S., Inc. was ordered two times to produce a privilege log as to any and all documents being withheld under a claim of privilege yet defendant failed to produce any privilege log as ordered. (11-2-19 Minute Order and 11-29-18 Minute Order....

Excerpt: ...rt of corporate/employer liability. Civil Code section 3294 authorizes an award of punitive damages in an action “for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice.” (Civ. Code, § 3294, subd. (a).) Oppression is defined as “despicable conduct that subjects a person to cruel and unjust hardship in conscious disrega...

Excerpt: ...tion to compel further RFPD responses by plaintiff Nancy Horner was granted as to RFPD Nos. 1, 3, 4, 5, 6, 7, 8, 9, 11, and 17 through 65, plaintiff Nancy Horner is ordered to serve a supplemental verified response to these document requests, in compliance with C.C.P. § 2031.220, within 21 days, and denied as to RPFD No. 66. Plaintiff Horner served supplemental RFPD responses as to both defendant Nationstar and defendant BONY's RFPD. (Declaratio...

Excerpt: ...action but a remedy. (Marlin v. Aimco Venezia, LLC (2007) 154 Cal.App.4th 154, 162; County of Del Norte v. City of Crescent City (1998) 71 Cal.App.4th 965, 973.) Cross-complainants are granted leave to amend, so as to allege injunctive relief as a remedy in connection with another valid cause of action. The remainder of the demurrer is overruled. As to the first, second, and third causes of action, the cross- complaint alleges that cross-defendan...

Excerpt: ...arty to give notice. 2. Application of Jocelyn Wiesner to Appear as Counsel Pro Hac Vice for Defendant Cynosure, Inc.: Attorney Jocelyn Wiesner's application for admission pro hac vice is GRANTED. Attorney Wiesner has presented evidence that her application complies with Rule 9.40. Also, evidence of payment of the $50.00 filing fee to the State Bar of California and service of this application on the State Bar of California has been filed. Moving...

Excerpt: ...al claim. [CCP § 483.010] Upon the filing of a complaint or at any time thereafter, the plaintiff may apply for a right to attach order (“RTAO”) and writ of attachment by filing an application for the order and writ with the court in which the action is brought. (Code Civ. Proc., § 484.010.) The application must be executed under oath and must include the following statements: (1) the attachment is sought to secure the recovery on a claim o...

Excerpt: ... is DENIED. (Code Civ. Proc. §§ 526 & 527) Plaintiffs' evidence failed to establish a likelihood of success on any of the causes of action in the complaint. (Fleishman v. Superior Court (2002) 102 Cal.App.4th 350). The Plaintiffs fail to provide sufficient evidence to show that the subject mortgage loan falls within the effect of the Homeowner's Bills of Rights. (“HBOR”) The remaining causes of action all flow from the claimed HBOR violatio...

Excerpt: ...n of proof is on the party claiming them as costs.” Id., at 774. But if costs do not appear proper, of if their necessity seems doubtful on their face, and if the items are properly challenged, the burden is on the claimant to establish the need for them. Id. Also, in Oak Grove School Dist. v. City Title Ins. Co. (1963) 217 Cal.App.2d 678, the court explained: “If the items appear to be proper charges the verified memorandum is prima facie ev...

Excerpt: ...rivacy in his medical records Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1014. The subject subpoenas here are overly broad in scope. The subpoenas seek information pertaining to plaintiff's health issues that have nothing to do with the injuries he suffered as a result of the accident at issue. The subpoena issued to plaintiff's employer (or his business) is overly broad both as to scope and time. The party seeking disclosure of the const...

Excerpt: ...Unified Port Dist.) (1978) 20 Cal.3d 844, 864 [medical records]; Davis v. Superior Court(1992) 7 Cal.App.4th 1008, 1014 [medical records]; Fortunato v. Superior Court (2003) 114 Cal.App.4th 475, 480-481 [financial records]; Board of Trustees v. Superior Court (1981) 119 Cal.App.3d 516, 528-530 [employment records]; Ins. Code, §§ 791.13, 791.01, et seq. [insurance records].) Defendant has failed to demonstrate a compelling need for the requested...

Excerpt: ...iff Daystar Hotels, Inc. to provide further responses to Special Interrogatories, Set One, is granted in part and denied in part. The motion is granted as to Special Interrogatories Nos. 65, 69, 71, and 89. As to Special Interrogatory No. 65, this contention interrogatory requests information supporting a common count, but plaintiff's response refers to the Hotel Management Agreement between the parties. A common count does not lie to enforce an ...

Excerpt: ...bin Duncan's motion to compel responses to plaintiff's third set of request for admissions by defendant DKG is DENIED because this discovery is untimely. C.C.P. § 2024.020. 3. Motion by Plaintiff Robin Duncan for Leave to Reopen Discovery: Plaintiff Robin Duncan's motion to reopen discovery against defendant Duncan Kitchen Grips, Inc., pursuant to C.C.P. § 2024.050(b), is DENIED. Regan v. Lanet (1987) 197 Cal.App.3d 353, 359 to 360. Plaintiff R...

Excerpt: ...mpel arbitration because there is another, similar action pending in Riverside County that involves a third party; Gary's mother Colleen. A defense to enforcement of an arbitration agreement is that litigation is pending with a third party arising from the same transaction, and there is a possibility of conflicting rulings on common issues. (C.C.P. 1281.2(c).) In such a situation, the court may either  refuse arbitration and order intervention...