Excerpt: ...uty fails as plaintiff has not stated sufficient facts illustrating a fiduciary relationship between plaintiff and this Moving Party defendant. The claim for violation of B&P § 17200 fails as it is based on the alleged defective claims. Plaintiff has not sufficient alleged any unlawful, unfair and/or fraudulent conduct on the part of this Moving Party defendant to support her claims. Future Hearings: CMC: 4/4/18 8:30 am ...

Excerpt: ... the medical diagnosis and prognosis of any party.” may be submitted to support a motion for preference. CCP §36.5 Attorney Kohan's Declaration is not sufficient under this section. He does not state a diagnosis or prognosis learned from the family or medical records. He says only that he has been informed Nada has a “debilitating hip injury,” providing details of the procedure and time spent in a nursing home. He says she doesn't leave th...

Excerpt: ...dants' demurrer to plaintiff Mankaruse's unverified, first amended complaint: Exhibit 1, Complaint in Mankaruse v. Raytheon Company, et al., O.C.S.C. Case No. 30- 2014-00732670 filed on 7-7-14, Exhibit 2, the Order of 11-9-16 dismissing plaintiff Mankaruse's cause of action for fraud and deceit in plaintiff's 2014 civil action for failure to timely amend, Exhibit 3, the Notice of Entry of Order Regarding Defendants' Demurrer to First Amended Comp...

Excerpt: ...plaint ceases to have any effect either as a pleading or as a basis for judgment.” (Ibid.) 2. Cross-defendant Yorba Linda Water District's motion for summary judgment/adjudication directed at cross-complainant Wailea Property Partners, LLC's cross-complaint is DENIED. The court has treated this motion as one for summary judgment only, as cross-defendant Yorba Linda Water District (District or YLWD) has failed to comply with California Rules of ...

Excerpt: ...shall not be thus issued or delivered to any person in this state unless it contains all the following provisions: (1) A provision that the insolvency or bankruptcy of the insured will not release the insurer from the payment of damages for injury sustained or loss occasioned during the life of such policy. (2) A provision that whenever judgment is secured against the insured or the executor or administrator of a deceased insured in an action bas...

Excerpt: ...laintiff was unaware of defendant's intention not to perform the promise; (4) plaintiff justifiably relied upon the promise; and (5) plaintiff sustained damage. (CACI 1902.) Furthermore, fraud claims must be pled with particularity, including facts showing “how, when, where, to whom and by what means the representations were tendered.” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645.) Responding Party's fraud C/A in the Second Amended Com...

Excerpt: ...ndant. The court finds that the objections raised in the response and amended response are without merit. The arguments as to attorney client privilege are also without merit, and have been waived by failing to assert the same in the initial response to the interrogatory. Code Civ. Proc. § 2030.290(a). A party to litigation can obtain contact information for an opposing party even if that party is represented by legal counsel without involving a...

Excerpt: ..., Inc. (LL USA), Jinyoung Park (Park), and JYP Investments, LLC (JYP) (collectively, defendants). (See Code Civ. Proc., §§ 484.090, 481.190, 482.040; see also Weil, et al., Cal. Practice Guide: Civil Proc. Before Trial (The Rutter Group June 2017 Update) Ch. 9(II)-D at ¶¶ 9:948, 9:948.1.) With respect to the first cause of action for breach of contract, the evidence shows the terms of the subject contracts were memorialized in part in written...

Excerpt: ...lled legal training and ability in trying the cause, and the time consumed. (Stokus v. Marsh(1990) 217 CA3d 647, 657.) Here, Defendants wish to cap the fee award at no more than $70,548.00. There are 5 challenged items. Three items (dates of 11/19/14, 8/29/17, and 10/16/17) list the task of “legal research.” Another item (dated 1/21/16) lists the task of “analyze account history.” The last item (dated 10/13/16) lists the task “review an...

Excerpt: ...ance. Defense counsel has provided no authority in support of its opposition to this motion. The court need not consider points unsupported by legal analysis or authority and such points are deemed waived. (Badie v. Bank of America (1998) 67 Cal.App.4th 779, 784- 785; Walters v. Boosinger (2016) 2 Cal.App.5th 421, 433, fn. 16.) Plaintiff's request for judicial notice is GRANTED. Plaintiff to give notice. Future Hearings: CMC: 3/14/18 8:30 am ...

Excerpt: ...on within an action, one or more affirmative defenses, one or more claims for [punitive] damages, or one or more issues of duty”]; McCaskey v. California State Auto. Assn. (2010) 189 Cal.App.4th 947, 975 [court cannot grant summary adjudication “‘to the extent' a cause of action rests on this or that premise”].) With respect to defendant's first contention that the first amended complaint is a sham pleading, the sham pleading doctrine is ...

Excerpt: ...se by Monday, 2-26-18, by fax or overnight delivery to counsel for plaintiff Perez. Plaintiff Perez's request for monetary sanctions against defendant Pho Hoa Soan, Inc. is GRANTED in the sum of $3,120.00, pursuant to C.C.P. § 2031.320(b), payable by defendant Pho Hoa Soan, Inc. within 21 days. Finally, plaintiff Perez's request for issue and/or evidentiary sanctions is DENIED as defendant Pho Hoa Soan, Inc. has not violated any prior discovery ...

Excerpt: ...ive, Suite 100, Santa Ana, California, 92707. The parties may, at their discretion, meet and confer to schedule a different date/time/place for the deposition. However, the deposition shall occur no later than March 15, 2018. Defendants are awarded sanctions against plaintiff in the amount of $976.00, not the entire amount of $2,588.50. Defendant knew the day before the deposition that plaintiff was not going to show up. There was no need for him...

Excerpt: ...filed by Fairway Insurance, and if not, why not. Defense counsel's supplemental brief to be filed 9 court days before the continued hearing date. Any opposition by defendant Tim Roham, D.O., Inc. to be filed 5 court days before the continued hearing date of 3-22-18. The court notes that defense counsel remains counsel of record for defendant Tim Rohan, D.O. Inc. at this time because defense counsel's motion to withdraw as counsel has not been gra...

Excerpt: ... ordered to serve verified, non-evasive responses to the interrogatories without objections within ten days. Motion No. 3. Plaintiff's Motion Compelling Defendant Mindy Kennedy Alvarez to Serve Verified Responses Without Objections to Plaintiff's Inspection Demand, Set No. 1, is GRANTED. Defendant is ordered to serve verified, non-evasive responses to the inspection demands without objections and all responsive documents and things within ten day...

Excerpt: ...cause for a continuance. “Circumstances that may indicate good cause include: (1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; (2) The unavailability of a party because of death, illness, or other excusable circumstances; (3) The unavailability of trial counsel because of death, illness, or other excusable circumstances; (4) The substitution of trial counsel, but only wher...

Excerpt: ...uses of action for void/fraudulent transfer alleged against defendants Lock & Lock USA Distributor, Inc. (LL USA), Jinyoung Park (Park), and JYP Investments, LLC (JYP) (collectively, defendants). (See Code Civ. Proc., §§ 484.090, 481.190, 482.040; see also Weil, et al., Cal. Practice Guide: Civil Proc. Before Trial (The Rutter Group June 2017 Update) Ch. 9(II)-D at ¶¶ 9:948, 9:948.1.) With respect to the first cause of action for breach of co...

Excerpt: ...dants” in her fourth, fifth and sixth causes of action to mean the Sidley Austin Defendants. (See, SAC, ¶¶ 99, 100, 107, 108, 114 and 115.) The Sidley Austin Defendants are entitled to be apprised what allegations are against them versus the other named co-defendants in this case. Plaintiff Coleman should ensure that her allegations satisfy the standards discussed in the Carter cases against these moving defendants. See, Casey v. U.S. Bank Na...

Excerpt: ...ction for cancellation of instruments. Also, the potential loss of unique property by way of a foreclosure sale constitutes irreparable harm. See, Evidence Code § 3387. Finally, the balance of harms favors plaintiff Moez, LLC. Prevailing party to give notice. Plaintiff SGFC, LLC's Request for Judicial Notice: Defendant SGFC, LLC requested that the court take judicial notice of the following documents in support of its opposition: Exhibit 1, Bank...

Excerpt: ...acturer of the table saw that injured plaintiff Sotelo. Co-defendant Garfield International Company, Inc. identified “Powermatic” as the manufacturer of the power saw that injured plaintiff Sotelo. Defendant JPW Industries, Inc. has now appeared claiming it was improper named as “Powermatic Tools,” but then defendant JPW presents evidence that it was not the manufacturer of the table saw that is the basis of plaintiff Sotelo's product lia...

Excerpt: ...en of demonstrating that the records he seeks to redact and/or have sealed is necessary to overcome the presumption that court records are to be publicly available. See, H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4 th 879, 898. Prevailing party to give notice. Future Hearings: MSC: 7/13/18 8:30 am Trial: 8/13/18 8:30 am ...

Excerpt: ...on for Leave to File Third Amended Complaint Against Defendants Orange County Sheriffs' Department, et al. Plaintiff Jerome Stark's motion for leave to file a third amended complaint is GRANTED. See, C.C.P. § 473(a)(1) and Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530. Also, leave to amend is favored even if trial must be continued. See, Honig v. Financial Corp. of America (1992) 6 Cal.App.4 th 960, 965. Challenges to the amended compl...

Excerpt: ...d plaintiff's evidence shows there was none. (See D. White Decl. at ¶ 2.) Defendants have also failed to demonstrate ostensible agency. The fact that Derek signed the arbitration agreement as decedent's “Representative/Agent,” stating decedent had authorized him to do so, is not sufficient to demonstrate ostensible authority. An “agency cannot be created by the conduct of the agent alone; rather, conduct by the principal is essential to cr...

Excerpt: ... narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest.” Additionally, pursuant to CRC 2.551, a Court may not permit a record to be filed under seal based solely on the agreement or stipulation of the parties; rather, a party seeking to file a record under seal must file a motion for an order sealing the record, accompanied by a memorandum and declaration containing facts sufficient to justify the sealing...

Excerpt: ...n, by and through her Guardian Ad Litem, Theresa Nguyen's motion to reduce Medi- Cal Lien is CONTINUED to 3-15-18, at 1:30 p.m., in Department C- 33. First, plaintiff Nguyen is ordered to serve her motion to reduce Medi- Cal lien on the Office of Legal Services, Department of Health Care Services, P.O. Box 997413, Sacramento, CA 95899- 7413, as well as the Department of Health Care Services, P.O. Box 997425, Recovery Section, MS 4720, Sacramento,...