Excerpt: ...consent, and election of remedies. Issue Three: Plaintiffs' 3rd CoA for an equitable lien against LONE OAK is barred by the equitable doctrines of laches, waiver, ratification, consent, and election of remedies. Issue Four: Plaintiffs' 4th CoA for an injunction against LONE OAK is barred by the equitable doctrines of laches, waiver, ratification, consent, and election of remedies. Request for Judicial Notice by LOAN OAK. LOAN OAK requests the Cou...

Excerpt: ...e objections to be raised in the demurrer.” Here, the Declaration of Defense Counsel, Edmond Menchavez establishes that he sent a meet and confer “correspondence” on 4/25/2022 (Decl. of Menchavez ¶2); and, attempted to call Plaintiff's counsel on the same date but was unable to reach Plaintiff's counsel. (Id. ¶3) Despite the meet and confer correspondence and leaving a message, Plaintiff's counsel has not responded to the meet and confer ...

Excerpt: ...mitations. LPL contends that Plaintiff's claims for breach of fiduciary duty and financial elder abuse in connection with Plaintiff's investment in Northstar Healthcare REIT (“Northstar REIT”) are barred by the three-year statute of limitations under Code of Civil Procedure section 338, and four-year statute of limitations under Welfare & Institutions Code section 15657.7, respectively. LPL contends that allegations in the Complaint, the docu...

Excerpt: ... court may, upon a motion or at any time in its discretion, and upon terms it deems proper, strike out “...any irrelevant, false, or improper matter inserted in any pleading” or “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.” (Code Civ. Proc. § 436(a)-(b); See Quiroz v. Seventh Ave. Ctr. (2006) 140 Cal.App.4th 1256, 1281.) Irrelevant matters include a...

Excerpt: ...roc., § 2031.310(a).) The motion must set forth specific facts showing good cause to justify the discovery sought and be accompanied by a declaration stating facts showing a “reasonable and good faith attempt” to resolve informally the issues presented by the motion before filing the motion. (Code Civ. Proc., §§ 2016.040, 2031.310(b)(1)(2).) The Court finds that Plaintiff satisfied the meet and confer requirement before filing this Motion....

Excerpt: ... provided inadequate and insufficient responses to SPROG, Nos. 4 and 10 which seek relevant and essential facts to Plaintiff's claims of negligence; that Plaintiff failed to respond to Defendant's two meet and confer letters; that the motion is timely; and Plaintiff's failure to provide adequate or further responses is willful and without substantial justification such that Defendant requests that the Court order monetary sanctions in the amount ...

Excerpt: ...r Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored inf...

Excerpt: ...REEM cannot state a prima facie case, FEDEX had legitimate, non- discriminatory reasons for firing FREEM, and FREEM has no substantial evidence of evidence of pretext. Issue 2: Defendant FEDEX is entitled to summary adjudication on Plaintiff's 1st CoA for age discrimination because FREEM cannot state a prima facie case, FEDEX had legitimate, non- discriminatory reasons for not promoting FREEM to fleet manager, FREEM has no substantial evidence of...

Excerpt: ...their statutory duties under Government Code, section 8630, and/or Health & Safety Code, section 101080, to review local, County conditions to determine whether such conditions warrant terminating the local state of emergency and/or local health emergency (hereinafter collectively “Emergencies”) declared by Respondents on February 26, 2020, and to terminate the local state of emergency and/or local health emergency if such conditions warrant;...

Excerpt: ...econd Cause of Action for False Imprisonment, and Third Cause of Action for Unauthorized Practice of Medicine fail to state facts sufficient to constitute a cause of action against Defendant. Late Filing of FAC Under Code of Civil Procedure section 436, the court may, upon a motion or at any time in its discretion, and upon terms it deems proper, strike out “all or any part of any pleading not drawn or filed in conformity with the laws of this ...

Excerpt: ...fendant's policies and procedures for investigating injuries, taking photographs, reporting an incident, and retaining video of an injury incident; that the instant dispute involves a one-page document describing the internal protocol regarding the handling of injury incidents that was created by Defendant's general liability department; that this internal document is protected by the attorney-client privilege and attorney work-product privilege ...

Excerpt: ..., LLC dba Decades Bar and Grill, LLC is liable to Plaintiff for breach of lease under Plaintiff's 1st cause of action; (2) Issue 2: There is no triable issue of material fact that Defendant Randy Carrillo is liable to Plaintiff for enforcement of guaranty under Plaintiff's 2nd cause of action; and (3) Issue 3: There is no triable issue of material fact that the Cross-Complaint is time barred. Plaintiff's Evidentiary Objection in Reply. The Court ...

Excerpt: ...t Green Sip Construction Inc. to form interrogatories, set no. 1; special interrogatories, set no. 1;, and inspection demands, set no. 1 (ROA 24). In addition, Plaintiff requests monetary sanctions. Preliminarily, the Court notes that Plaintiff has improperly combined multiple motions. Specifically, at issue are actually eight discovery motions, not four. Whether this was done to avoid paying the court filing fees or some other improper purpose, ...

Excerpt: ...the Subject Vehicle, i.e., 2016 Dodge Ram 1500, Vehicle Identification Number 1C6RR7KM2GS215407 purchased by Plaintiff (the “Subject Vehicle”) (RFP, Nos. 1 and 54); (2) Documents concerning the Defects in other 2016 Dodge Ram 1500 vehicles with the same Engine Defects, Powernet Defects and Transmission Defects as the Subject Vehicle including internal investigations, emails, and other ESI (RFP, Nos. 18, 19, 21, 22, 23, 24, 25, 28, 29, 33, 34,...

Excerpt: ...ould strike all of the $6,955.20 sought for “Models, enlargements and photocopies of exhibits” or alternatively tax $4,600 in costs for “slide presentations” and $1,330 of the $1,575.20 for trial exhibits. Defendants also argue that the Court should tax $960.25 sought for filing and motion fees because this total is wrong as the items listed in Plaintiff's worksheet total $691.75, not $960.25, and that $691.75 should be taxed because Plai...

Excerpt: ...in the matter being taken off-calendar. “In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by plaintiff. [Citations.] In passing on the correctness of a ruling on a motion to strike, judges read allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth. [Citations.] In ruling on a motion to s...

Excerpt: ... is seeking to compel B&S' compliance with the Subpoena (which sought four category of documents, see Exh. E to Kearney Decl.), the Motion admits that B&S complied with the Subpoena and already produced responsive documents. Rather than seeking compliance with the Subpoena, Defendants seek an order compelling B&S to produce documents identified in its privilege log (252 documents) on the grounds the documents are not protected by the attorney-cli...

Excerpt: ...use Plaintiff cannot prove that ICON had notice of the alleged dangerous condition. ISSUE NO. 2: ICON is entitled to summary adjudication in its favor on Plaintiff's first cause of action for negligence and second causes of action for premises liability because the alleged dangerous condition was open and obvious. ISSUE NO. 3: ICON is entitled to summary adjudication in its favor as a matter of law that Plaintiff's non-delegable duty argument doe...

Excerpt: ... awarded Plaintiff attorney's fees and costs in the amount of $43,139.24 incurred in opposing Ellis' anti-SLAPP motion and bringing Plaintiff's prior motion for attorney's fees. (ROA 294.) Ellis appealed the denial of his anti-SLAPP motion and this Court's award of attorney's fees, both of which were affirmed. (See ROAs 359, 398.) Plaintiff now seeks an award of fees and costs incurred in opposing: (1) Ellis' appeal of the anti-SLAPP motion; (2) ...

Excerpt: ...ections 22658(a)(2) and 22658(e)(1). I. DEMURRER Defendant brings its Demurrer pursuant to (1) Code of Civil Procedure section 430.10(e) on the grounds that each cause of action fails to state facts sufficient to constitute a cause of action against Defendant and (2) Code of Civil Procedure section 430.10(f) on the grounds that the complaint is uncertain. Conversion “Conversion is the wrongful exercise of dominion over the property of another. ...

Excerpt: ... and 2, which seek all documents pertaining to Defendants Burns and Savient, respectively, from 12/1/15 to 12/31/20. Defendants object to these requests as they are overbroad and invasive of the rights to privacy, and not reasonably calculated to lead to the discovery of admissible evidence. Defendants contend that the action involves a dispute concerning a single real estate transaction, and sole individual, and in no way encompasses every banki...

Excerpt: ...ction. Plaintiff also moves for an order for an award of costs in the amount of $8,509.45 as set forth in the memorandum of costs. Service of Papers As a threshold matter, the Court notes that the applicable proofs of service indicate that the moving and reply papers were served by U.S. mail and fax. (ROA 400, 414.) Service by fax is permitted only where the parties have agreed to this method of service and a written confirmation to that effect i...

Excerpt: ...evails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” It is Plaintiffs' burden of proof to show the fees they incurred and that thos...

Excerpt: ...o file, the Court finds Defendant has not suffered any prejudice and will exercise its discretion to consider the Opposition. On October 25, 2021, Plaintiff filed a Proof of Service of Summons on Defendant, indicating that service had been made by personal service at 252 Lincoln Road, Brooklyn, New York (the “Brooklyn Address”). (ROA 14.) Default was entered against Defendant on December 15, 2021. (ROA 19.) Judgment for Plaintiff was entered ...

Excerpt: ...s why production should not be compelled. (See Calif. Rules of Court, Rule 3.1345(a)(5).) A court may, in its discretion, deny a discovery motion for failure to comply with the separate statement requirement. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893.) Here, Plaintiff failed to file a separate statement as required. As such, the court has discretion to deny the Motion or to continue the hearing on the Motion to allow for the filing of a...