Excerpt: ... to bind Virginia and her estate to the arbitration agreements. MHRC did not produce a durable power of attorney or any evidence that Decedent cloaked Stablein with the authority to sign the agreements. An agency cannot be created by the conduct of the agent alone; rather, conduct by the principal is essential to create the agency. (Flores v. Evergreen At San Diego, LLC (2007) 148 Cal.App.4th 581, 587.). ...

Excerpt: ...st in the Property, (ii) the date I pay the entire Interest Bearing Principal Balance, or (iii) the Maturity Date.” (Home Affordable Modification Agreement § (3)(d).) It provides: “[t]hat all terms and provisions of the Loan Documents, except as expressly modified by this Agreement, remain in full force and effect; nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the obligation...

Excerpt: ...operty. (SAC, ¶¶2‐8.) The SAC alleges that Plaintiffs submitted a loan modification application, which Ocwen received on 10/23/13, and denied. (SAC ¶9.) The SAC alleges that Ocwen denied a second loan modification made on 10/28/14 without proper review. (SAC ¶¶25‐26.) Substantively, this claim is properly alleged. 2COA (UCL): OVERRULED. The SAC alleges that Ocwen informed Plaintiffs that they were approved for a short sale settlement off...

Excerpt: ...btedly be helpful and necessary to assess the causes of action. Further, the records do not belong to the defendants. The information sought is not Wenda King's personal information. The Exxon Mobil records sought are again not Wenda King's but the decedent's. The time period sought is narrowly tailored. The importance of these records is to one again provide insight into Plaintiff's anticipated inheritance and defendants' actions in connection w...

Excerpt: ...lkin's Declaration, ¶6.) He contends that said lines are indicative of a preexisting fracture. (Id.) The x‐ray also revealed that there was a pin in this tooth, which were popular in 1980s and 90s, but have fallen out of favor because they have been found to induce fractures in teeth. (Id.) Plaintiff's expert states that it is his opinion based upon a reasonable degree of medical probability, that as of February 29, 2016, Plaintiff had a pre�...

Excerpt: ...ation of the latter's legal duties, the question remains: what legal duties springing from what contract term? 4COA (Harrassment): For failure to state sufficient facts to the cause of action. Plaintiff provides two instances of conduct to support this theory: first, the disease comment, and second the thong comment. However, these are not enough to establish a pattern of harassment. 5 COA (Harrassment): For failure to state sufficient facts to t...

Excerpt: ...tcy court's ruling on the homestead exemption. (FAC ¶54‐56.) That fails to demonstrate an inadequate price. Based on the granted RJN, in fact the records indicate that Plaintiffs' listed the property as worth $683,680 (RJN, Ex 4) in the bankruptcy court and the property was sold for $775,742.30 (RJN Ex. 7). So there is no evidence that the price was grossly inadequate or that the Defendant took undue advantage of the property. ...

Excerpt: ...s were stolen. The formation of Advantage is relevant. Further, the privacy concerns raised by the moving party as to No. 3 are outweighed by the importance and relevance of the information. The requesting party is not seeking financial information but rather information as to who owns the company from the onset and afterwards. This information is needed to access the information as to how Advantage was formed and if there was improper informatio...

Excerpt: ... state the responses are true and correct. Therefore, Defendant is to provide further CCP complaint verifications for all discovery. Sanctions as to All Motions: Denied. With the mixed results on the Motions, a reasonable dispute arose not warranting sanctions. The parties did not satisfactorily meet and confer which would have helped reduce the issues or eliminate them all together. 17.1 Granted with Responses due in 30 days. 3. MCC1701229 BROWN...

Excerpt: ...tion and therefore a reasonable time spent on the case. In so doing, the court also considered the difficulty, the amount involved, the skill required, the skills and experience of the attorneys. This SongBeverly case does not appear any more or less complicated than similar actions. The concern with the hours is that 12 attorneys appear to have worked on this average case in this genre. That requires each time an attorney touches the case to get...

Excerpt: ...‐open her case. (AR 70‐ 71). At this hearing, the Petitioner did appear and Petitioner's request to re‐open was denied. (AR 77‐ 79). Petitioner filed an appeal of that denial. Respondent affirmed the ALJ's decision. (AR 92‐101). The appropriate standard for the court's review of the administrative record for denial of unemployment insurance benefits is the independent judgment test. (MacGregor v. Unemployment Ins. Appeals Bd. (1984) 37 ...

Excerpt: ...618, 620, are not sought to be struck. With a singular basis for the prayer surviving, there is no reason to engage in a line by line approach to the attorney's fees, the which could be properly brought posttrial for the first time any way ...

Excerpt: ......

Excerpt: ...tal recovery, nor the settlor's proportionate liability. As to the former issue of approximation of total recovery, there is no analysis in the moving papers or in the reply as to Plaintiffs' estimated recovery. The ultimate determinant of good faith is whether the settlement is grossly disproportionate to what a reasonable person at the time of settlement would estimate the settlor's liability to be.” (City of Grand Terrace v. Sup. Ct. (Boyter...

Excerpt: ...e statements. With the Complaint in that state, it becomes incumbent on the moving party to show that the locations of these statements were only from the courtroom. That failure of proof being the case, the first prong of the motion is not met. A defendant must show the conduct underlying the cause of action fits into one of those four categories. (Century 21 Chamberlain & Associates v. Haberman (2009) 173 Cal.App.4th 1, 7.) And, therefore, the ...

Excerpt: ...he moving party does not meet its burden because it fails to delineate facts to provide guidance. The facts are in the responsive pleadings. ...

Excerpt: ...es in tort actions. The Attorney's Fees prayer portion of the motion fails because it is predicated on the CCP section 1021.5 surviving ...

Excerpt: ...notice as to the affirmative defenses. That each defense is not fact specifically pled is not a problem. The reality is that the concerns raised here as to the supporting facts are addressed in written discovery. ...

Excerpt: ...l of the action. (Cal. Code Civ. Pro. §2024.020(a).) Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate to reopen discovery. (Cal. Code Civ. Pro. §2024.020(b).) The initial trial date was May 25, 2018. Accordingly, the discovery motion cut‐off date was May 10, 2018. Defendants' Motion for Order Compelling Further Responses to Interrogatories, Motion for Order Deeming Admitted Requests for ...

Excerpt: ...case tried before she is either incapacitated or worse. The request is reasonably made to set trial within six to nine months. ...

Excerpt: ...ot catch?” A further shortcoming in this area is that when the plaintiff is asked to make markings which attempted to clarify the situation, Plaintiff's counsel interposed a modification to the question, which made the marking unclear. Next, the photographs are not so demonstrative that one can say that there is a gradual lip. Differing minds can have different opinions of these photos. The court could have benefited from a model or cast of the...

Excerpt: ... to cause delay. See for support cases involving youth baseball teams: 1. C.H. v. Hemet Youth Baseball, RIC1512685, filed October 22, 2015. (RJN, Ex. 5.1) This case was dismissed on December 17, 2015 (Ex. 5.9.); 2. Hanna v. Ian Hall et al, U.S. Dist. Court Case No. 5:15‐mmc‐00009‐UA‐DBT, filed August 17, 2015 and dismissed on September 8, 2015d (Ex. 6.1); 3. Hanna v. Hemet Youth Baseball, RIC1513590, filed November 18, 2015 and dismissed ...

Excerpt: ...he fiduciary obligations—not contractual obligations. 2COA (Fraud): Plaintiff asserts that the Listing Agreement was only for one property and Defendants improperly added the second property, but yet, she was aware that she was selling both properties in the sale. (FAC ¶15‐16, 27.) It is unclear if Plaintiff only wanted to sell one property—which she is not yet asserting. 3COA (Implied Covenant): Again, the FAC merely pleads the conclusion...

Excerpt: ...ered analysis under CCP section 1161a. Although Malkoskie dealt with a stipulated judgment, the Court of Appeal did not cite that as a key fact in its holding. Rather, the Court wrote: [w]e therefore hold the unlawful detainer judgment has claim preclusive effect challenging the validity of … title.” Id. at 976. In the instant matter, the UD also necessarily addressed this same issue of title as it too was based on 1161a. Further, in the UD a...

Excerpt: ...ws that after the initial collision James Lee got out of the car. At which point, Lopez took off. James Lee had to get back into the car and catch up. A chase ensued during which the evidence shows that James Lee was driving too fast. In addition, James Lee had a duty not to engage in a chase. Having just been in a car accident with Lopez, how could James Lee not be thinking that Lopez could cause another crash especially when being chased? The c...