Excerpt: ...and bring a courtesy copy of the Proof of Service to the hearing. Motions to seal in both civil and criminal cases are governed by California Rules of Court, Rules 2.550 et seq. Under California law, unless confidentiality is required, court records are presumed to be open to the public. (Cal. Rules of Court, Rule 2.550(c).) To seal records, the court must “expressly find facts that establish: (1) There exists an overriding interest that overco...

Excerpt: ...amine Novini about the documents, and (3) imposing monetary sanctions against Novini and his attorneys of record. Defendant Novini's Opposition to the Motion was not filed until September 25, 2019, which is long after the deadline for opposition papers to be filed. Defendant's Opposition asserts that the motion to compel was served on it via email even though Plaintiff “kn[ew] that counsel for opposing party had recently declined to accept serv...

Excerpt: ... the objecting party “[q]uote or set forth the objectionable statement or material.” Plaintiffs' evidentiary objections are SUSTAINED as to nos. 1, 2, 4, 5, 6, 8, 9, and 10, and OVERRULED as to nos. 3 and 7. Where plaintiff (or cross-complainant) seeks summary judgment/adjudication, the burden is to produce admissible evidence on each element of a “cause of action” entitling him or her to judgment. (CCP § 437c(p)(1); see Hunter v. Pacifi...

Excerpt: ... Plaintiff did not file a motion to seal, however. Nor did Plaintiff show compliance with CRC Rule 2.551(b)(3)(iii), which requires Plaintiff to give written notice to the party that produced the records that the records and the other documents lodged under subdivision (i) will be placed in the public court file unless that party files a timely motion or application to seal the records under this rule. Both the redacted and unredacted versions of...

Excerpt: ...sues raised by the original parties, and 3) the reasons for intervention outweigh any opposition by the existing parties. Code Civ. Proc. § 387(a); Truck Ins. Exch. v. Superior Court (1997) 60 Cal. App. 4th 342, 346. Section 387 provides in relevant part that: (b) An intervention takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plainti...

Excerpt: ...ment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” The elements that must be met pursuant to Code of Civil Procedure Section 664.6 are as follows: (1) there is a valid and binding settlement agreement of all or part of the case; (2) the parties agreed to all material settlement terms; (3...

Excerpt: ...cipal place of business of such corporation is situated, subject to the power of the court to change the place of trial as in other cases.” Defendant argues that the proper venue for this matter is in San Bernardino because that is where its principle place of business is located, where the contract was executed and to be performed, and where the alleged breach occurred. (See Martin Decl., ¶¶ 2- 5.) Defendant also states that the equipment an...

Excerpt: ...ourt's ruling on the Demurrer. Demurrer The Demurrer is unopposed. Plaintiff's failure to oppose the demurrer can be treated as an implied concession to the merits of the demurrer. See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20. Additionally, the court may construe the absence of a memorandum as waiver of all grounds not supported. CRC 3.1113(a). Thus, the Court can and does sustain the demurrer on these grounds. In any event, the ...

Excerpt: ...s that the assignment of the deed of trust by MERS to The Bank of New York Trust Company was invalid because it was not signed by a MERS employee with authority. The California Supreme Court recently held a plaintiff may challenge an assignment of a deed of trust when the allegations, if true, would render the assignment “void, and not merely voidable at the behest of the parties to the assignment ....” Yvanova v. New Century Mortg. Corp. (20...

Excerpt: ... questions of law or fact pending, a court may order a joint trial of any or all of the matters in issue in the actions or may order all the actions consolidated, or such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. Code Civ. Proc. § 1048(a). The purpose of consolidation is to enhance trial court efficiency (i.e., to avoid unnecessary duplication of evidence and procedures); and to avoid the substantial ...

Excerpt: ...r judicial notice. It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. “[A]ll that is necessary is to call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9.53.1a.) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or strikin...

Excerpt: ...btor has not filed a formal substitution of attorney, his failure to do so does not necessarily render his opposition a “nullity.” See Baker v. Boxx (1991) 226 Cal.App.3d 1303, 1310 (amended complaint filed by new attorney without formal substitution of attorney having been filed was not a “nullity”). Nevertheless, it appears Judgment Debtor is no longer represented by counsel, and, if so, he must immediately file a Substitution of Attorn...

Excerpt: ...e of Plaintiff's deposition. A party requesting that a record be filed under seal must file a motion or application for an order sealing the record. The motion or application “must” be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing. Cal. Rules of Ct., Rule 2.551(b)(1). The Court may order that a record be filed under seal only if it expressly finds facts that establish that: • there exists a...

Excerpt: ...nted in part and denied in part Plaintiff's ex parte application to extend the stay on execution of the judgment against her. The Court extended the stay to 6/30/2019, but denied Plaintiff's request to extend the stay to 10/7/2019. On 6/27/2019, Plaintiff filed a notice of appeal of the Court's order denying her application to extend the stay of execution of the judgment to October 7, 2019. “As a general rule, ‘the perfecting of an appeal sta...

Excerpt: ...he relative merits of the positions of the respective parties and make a determination of the probable outcome of the litigation. (Loeb & Loeb v. Beverly Glen Music, Inc. (1985) 166 Cal.App.3d 1110, 1120.) A claim has probable validity if it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim. (Code Civ. Proc., § 481.190.) Moving Plaintiff's claims for breach of contract and common counts do not ...

Excerpt: ...on to Seal does not seek to seal Exhibits C, F, L, N and O or the deposition transcript excerpts submitted by Plaintiff in support of its motion for summary judgment/adjudication. The Motion is GRANTED. A party requesting that a record be filed under seal must file a motion or application for an order sealing the record. The motion or application “must” be accompanied by a memorandum and a declaration containing facts sufficient to justify th...

Excerpt: ...attorneys. Thus, as is the case with attorneys, pro. per. litigants must follow correct rules of procedure.” (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246–1247 (internal citations and quotation marks omitted).) Defendant's motion seeks order dismissing Plaintiff's Complaint, an order that Defendants stop harassing Defendant and her tenant, and an award of reasonable compensation. Defendant does not provide any authority, statutory or otherw...

Excerpt: ...consider Plaintiff's untimely reply briefs on these motions. Although the Court has discretion to consider late-filed briefs, it declines to exercise that discretion here. The filing deadlines for briefs in support of and in opposition to law and motion matters are not suggestions or optional guidelines. Given the number of motions (and, therefore, the number of late reply briefs), it would impose an unfair burden on the Court and its staff if th...

Excerpt: ...sts production of documents specified in the deposition notice at deposition, the motion is denied. Defendant has not addressed the good cause requirement for production of documents. (Code Civ. Proc., § 2025.450(b)(1).) Defendant's request for evidentiary sanction is denied. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992 [the discovery statutes evince an incremental approach to discovery sanctions, starting with monetary sancti...

Excerpt: ...articular, the Defendants provided Plaintiff with a ladder/Step stool as a seat that broke while Plaintiff was sitting on it.” Complaint, page 4. A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact . . . .” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4 th 826, 850. The scope of this burden is determined by the allegations of t...

Excerpt: ...ian ad litem, Linda Johnson), Brooklynne Groves (by and through her guardian ad litem, Linda Johnson), Kurt Johnson, Jarah Johnson (by and through her guardian ad litem, Kurt Johnson), and Joshua Johnson (by and through his guardian ad litem, Kurt Johnson) against Defendants Stephen Xu, Marin Express, Inc., Bar Bakers, LLC, Kind LLC dba Kind Foods, LLC, C.H. Robinson Company, Inc. dba C.H. Robinson Transportation Company, Inc., and Fedex Supply C...

Excerpt: ... second, third, and fourth causes of action are sustained without leave to amend. On 06/24/2019, this court sustained with leave to amend Defendants' demurrer to Plaintiff's First Amended Complaint. That order expressly limited leave to amend to the causes of action pled in Plaintiff's FAC—cancelation of instruments, wrongful foreclosure, and defamation of title. Plaintiff's Second Amended Complaint (“SAC”) exceeds the scope of leave grante...

Excerpt: ...part with 15 days leave to amend. (Code Civ. Proc., §§ 430.10(e), 430.10(f).) Second Cause of Action (Intentional Interference with Contract Against Individual Cicerone). The demurrer to the second cause of action for intentional interference is overruled. The elements of a claim for intentional interference with contract are: (i) Existence of a valid contract; (ii) Defendant's knowledge of the contact and intent to induce its breach; (iii) Bre...

Excerpt: ...end. Defendants' requests for judicial notice are granted. The “sham pleading” doctrine provides that a party will be bound by a prior, unfavorable allegation absent a satisfactory explanation for the change. See Hahn v. Mirda (2007) 147 Cal. App. 4 th 740, 751; State ex rel Metz v. CCC Information Services, Inc. (2007) 149 Cal. App. 4 th 402, 412. Generally, after an amended pleading has been filed, courts will disregard the original pleadin...

Excerpt: ...32 et seq. Unless otherwise expressly prohibited by statute, a prevailing party is entitled to recover costs as a matter of right. Code Civ. Proc. § 1032(b). The Court finds that Moorefield is the prevailing party on Simon's Cross-Complaint. There is no dispute Moorefield was dismissed from the Cross-Complaint by Simon. The plain language of Code Civ. Proc., § 1032 applies: “'Prevailing party' includes…a defendant in whose favor a dismissal...