Excerpt: ...ion moot. Service of a summons gives notice of the action and (potentially) secures personal jurisdiction. That need be done only once. No additional or amended summons need be filed when a complaint is amended. (See Engebretson & Co. v. Harrison (1981) 125 Cal.App.3d 436, 441 cf. Gillette v. Burbank Community Hosp. (1976) 56 Cal.App.3d 430, 433; but see Naylor v. Superior Court (2015) 236 Cal.App.4th Supp. 1, 4.) The summons served with the init...

Excerpt: ... notice. Motion to Compel #2. Defendant Alice Renae Ashwill's motion to compel deposition is GRANTED. (See Code Civ. Proc. § 2025.450, subd. (a).) Plaintiff Albert Vernon Wright shall shall APPEAR for deposition on 7/30/18 at 9 am at Bamford Reporting Service, Inc., 4105 North 20th Street, Suite 125, Phoenix AZ 85106. The parties may agree in writing to change the date, time, or place. Plaintiff shall pay $1188.85 in discovery sanctions to defen...

Excerpt: ...fully, and carelessly represented” something to Klein. (Cross-compl. ¶¶ 3, 12.) Cross-complainants have not opposed the demurrer to show why misrepresentations by other cross-defendants to Klein would impose an indemnity obligation on Klein. (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.) Nor, of course, have they shown how Klein as a cross-defendant could make misrepresentations to himself. 3rd cause of action, express writt...

Excerpt: ... Defendant met its burden to show a written arbitration agreement exists that covers plaintiff's claims. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Financial Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; see also Martinez Decl. ¶ 1 & Exs. 1-2.) Plaintiff failed to meet his burden to show procedural or substantive unconscionability. (See Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th...

Excerpt: ...tt Laboratories, Inc. (1982) 32 Cal.3d 892, 900.) Good policy reasons exist for courts to grant equitable relief only with caution. (Ibid.) And “[t]o the extent that the court's equity power to grant relief differs from its power under section 473, the equity power must be considered narrower, not wider.'” (Id. at p. 901, fn. 8.) Plaintiff shall give notice. ...

Excerpt: ...with this request because no such letter exists; there is only a “conditional payment letter.” Requests 43 and 44. Defendant seeks a “Medicare Final lien letter” and the “Medicare Conditional Payment letter” from decedent Mildred Baggs. Defendant propounded these requests on the decedent (through plaintiffs' counsel) despite knowing she was deceased. During the meet-and-confer, plaintiff Cheryl Baggs (who is both an individual plainti...

Excerpt: ...met her burden to show a written arbitration agreement exists that covers plaintiff's claims. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Financial Securities Corp. (1996) 14 Cal.4th 394, 413 [elements].) Defendant failed to show procedural or substantive unconscionability. (See Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 114). The court finds plaintiff properly served the Notice of Clie...

Excerpt: ...fective service and failed to show any mistake, surprise, or excusable neglect. (Code Civ. Proc. §§ 473, subd. (b); see also Hearn v. Howard (2009) 177 Cal.App.4th 1193, 1206.) His uncorroborated hearsay statements denying substitute service are not credible. Defendant Constantino sufficiently showed mistake or excusable neglect in believing the summons was for defendant Aleman, not for her. (Code Civ. Proc., § 473, subd. (b).) Defendants' rep...

Excerpt: ... Cal.3d 311, 318.) Moreover, plaintiff has been declared a vexatious litigant and the court has already denied him leave to file a third amended complaint. (See Code Civ. Proc., § 391.7; see also 11/20/17 order.) Defendant's request for judicial notice is GRANTED. Defendant shall prepare both a formal written order and a separate judgment of dismissal. Defendant shall give notice. ...

Excerpt: ... is minimal at this early stage; the discovery stay imposes a minimal burden; the stay does not yet prejudice the court's calendar or case management; no other person's interests are implicated; and the public interest in the litigation is not yet prejudiced. (See Avant! Corp. v. Superior Court (2000) 79 Cal.App.4th 876, 886-887.) The prejudice to the parties, the court, and the public -- and the balance of factors -- may change over time. The co...

Excerpt: ...0 days of being served notice of this order. (See Code Civ. Proc. § 2031.310, subd. (h).) While plaintiff did not have to verify its objections when served, it does have the burden to substantiate them on a motion to compel. (See Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 657-658; Coy v. Superior Court (1962) 58 Cal.2d 210, 220-221.) That it has failed to do. It did have the burden to verify its substantive respo...

Excerpt: ... meet its initial burden to show the trivial defect rule bars plaintiff's claim. (See Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) Defendant failed to show a six-inch drop is trivial as a matter of law. (Cf. Strathoulis v. City of Montebello (2008) 164 Cal.App.4th 559, 568 [“height differentials of up to one and one-half inches”].) Even if it did, plaintiff raised triable issues of...

Excerpt: ...ith the court.” (Ibid.) The claim of exemption has not been filed with the court. Thus, the court concludes plaintiff failed to give written notice to the levying officer. Plaintiff's proof of service of the notice of hearing does not show service on the levying officer. And if plaintiff had actually given written notice to the levying officer, the court presumes the levying officer would have filed the claim with the court. (Civ. Code, §§ 35...

Excerpt: ...will prevail on the merits and the relative interim harm to the parties from the issuance or nonissuance of the injunction.'” (Whyte v. Schlage Lock Co. (2002) 101 Cal.App.4th 1443, 1449.) Plaintiffs have shown some probability of prevailing on their first cause of action. (See Civ. Code, § 2924i; see also M. Zanetis decl. ¶¶ 3, 9, 11-12; D. Zanetis decl. ¶¶ 3, 9, 11-12; Pl. Ex. A [promissory note]; Def. Ex. G [settlement agreement].) Whil...

Excerpt: ... 10 days. Cross-complainant Wavell Showcase shall pay $1,766 in discovery sanctions to cross- defendant Aurora within 30 days. Cross-complainant Wavell Showcase's general objections are improper. (See Code Civ. Proc., § 2030.210, subds. (a)(3), (c).) In any event, it fails to substantiate its objections. It has not shown the interrogatory is vague or would impose an undue burden. To the extent it is asserting privilege regarding documents, it mu...

Excerpt: ...hanged plaintiff's claims by adding the 4th and 5th causes of action. Defendants may now respond to the new claims. Fourth cause of action, Bane Act. The FAC states facts sufficient to constitute this cause of action. (See Civ. Code, § 52.1; see also FAC ¶¶ 21-27, 43-57.) In “‘Bane Act cases . . . “[w]here Fourth Amendment unreasonable seizure or excessive force claims are raised and intentional conduct is at issue, there is no need for ...

Excerpt: ... the delay, and plaintiff fails to show what specific discovery would now be necessary. Defendants are just adding a statutory subdivision to their existing statute of limitations affirmative defense. Defendants shall give notice. OSC re Compliance and Attorney Fees The court finds plaintiff has SATISFIED Conditions #1-4 of the 4/20/18 order and shall satisfy Condition #5 by PAYING $10,280 to defendants within 15 days. The parties agree plaintiff...

Excerpt: ...ided. (See 7/24/17 substitution of attorney.) For that matter, cross-defendants fail to show address was actually invalid, let alone that cross-complainant knew that. Cross-defendants also failed to show cross-complainant prevented them from participating in the case by scheduling mediation sessions. Cross-defendants have not moved for relief under Code of Civil Procedure section 473 (or any other ground). They expressly disclaim any reliance on ...

Excerpt: ...trike and continue the CMC. Ivy Ann Helman and Bradley Israel Helman's demurrer Defendants Ivy Ann Helman and Bradley Israel Helman's demurrer is:  SUSTAINED as to the 2nd-9th causes of action without leave to amend,  SUSTAINED as to the 10th causes of action with leave to amend, and  OVERRULED as to the 11th cause of action. Plaintiff David Mark Albin shall have leave to file and serve a second amended complaint within 14 days. 2nd-3rd ...

Excerpt: ... for a shoulder fracture despite documented shoulder pain. 3rd Cause of Action, Negligent Infliction of Emotional Distress: The SAC states facts sufficient to constitute this claim. (See Bird v. Saenz (2002) 28 Cal.4th 910, 915 [elements], 916-917 [contemporaneous sensory perception]; see also SAC ¶¶ 20-21, 39- 43.) In particular, the SAC alleges plaintiff Cheryl Baggs “was physically present and witnessed” a physical therapy assistant “a...

Excerpt: ... action. After a cause of action is amended, the court may rule in favor of the defendant if, upon subsequent motion, or perhaps renewal of the earlier motion if appropriately framed, it is shown ... there are no triable material issues of fact which would permit recovery on that theory.'” (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1131.) Last week, the court granted plaintiffs leave to file a first amended com...

Excerpt: ... Park Rental Review Bd. (1998) 62 Cal.App.4th 1409, 1429 [leave denied where amended complaint was “subject to demurrer”].) Plaintiff's proposed amendment improperly revives allegations that have been stricken in response to defendant's anti-SLAPP motion. (Compare Proposed 3rd Am. Compl. ¶¶ 10 & 35 with 2nd Am. Compl. ¶¶ 17-26, 29, 31.) “Allowing a SLAPP plaintiff leave to amend the complaint . . . would completely undermine the statute...

Excerpt: ...arties that have already appeared within 10 days. Plaintiff shall have leave to e-file and serve his proposed first amended complaint on any new defendant who has not already appeared within 30 days. Plaintiff shall give notice. Demurrer Cross-defendant Mike Clements' demurrer is OVERRULED as to the 1st causes of action and SUSTAINED with leave to amend as to the 2nd, 3rd, and 4th causes of action. Cross-complainant Jodie Campbell shall have leav...

Excerpt: ...so Compl. ¶¶ 19-21, 30, 39, 42 & Exs. 1-2.) “In an action based on a written contract, a plaintiff may plead the legal effect of the contract rather than its precise language.” (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198-199.) “There is no need to require specificity in the pleadings.” (Ludgate Ins. Co. v. Lockheed Martin Corp. (2000) 82 Cal.App.4th 592, 608.) The contract allegations are...

Excerpt: ...t shall give notice. ...