Excerpt: ...ends AEC's Motion for Summary Judgment should be denied as untimely because it was was filed fewer than 75 days before the hearing date. The summary judgment statute, however, only requires at least 75 days notice before the hearing. Unlike other motions governed by CCP § 1005(b), CCP § 437c is silent as to the date of filing for summary judgment. Here, the Motion for Summary Judgment was personally served on 10/4/19, which was 84 days before t...

Excerpt: ... the plaintiff comes forward with conflicting expert evidence.” (Munro v. Regents of University of California (1989) 215 Cal.App.3d 977, 985.) Here, defendant has submitted the declaration of Dr. Ostroff. Dr. Ostroff's declaration adequately establishes his qualifications to testify as an expert. He is a licensed physician with the appropriate education, training, and professional experience, is board certified in general internal medicine and ...

Excerpt: ...d notice of the subject Deed of Trust in September of 2010, thereby rendering plaintiff's filing of this action beyond any applicable statute of limitations. None of the allegations of the operative complaint or judicially noticed documents address or explain how or why plaintiff might avail herself of the discovery rule to delay accrual of her first, second, and third causes of action in order to render any of them timely. In granting the motion...

Excerpt: ...aintiffs Dee Ann Abelar and Brian Abelar, and their counsel of record, jointly and severally, payable within 30 days. (CCP §§ 2030.290(c), 2023.010(d), 2023.030(a), and CRC Rule 3.1030(a).) Defendant Dr. Mora's Motion to Compel Plaintiffs' Responses to Special Interrogatories, Set One is MOOT in light of the service of responses prior to the hearing. Monetary sanctions in the amount of $460 are awarded against plaintiffs Dee Ann Abelar and Bria...

Excerpt: ... submitted deposition testimony from plaintiff indicating that, prior to the filing of the complaint in February 2017, plaintiff was well aware of the identity of Peter Jeiranyan and Peter Jeiranyan's alleged role in working on the 1959 Cadillac Deville at issue in this matter. According to plaintiff's deposition testimony, he has known Peter Jeiranyan since approximately 2001 and has known Peter Jeiranyan's role at Jack's Autobody and Paint is t...

Excerpt: ...l signed copy of the First Amended Complaint by close of business this date, and the First Amended Complaint will be deemed served this date. Plaintiff Ana R. Duarte's Motion to Strike Cross-Complaint of Silverio A. Duarte is GRANTED. The cross-complaint as brought against plaintiff and cross-defendant Ana R. Duarte was not filed before or at the same time as the answer to plaintiff Ana R. Duarte's complaint, namely, on or before January 23, 2019...

Excerpt: ... of action should be dismissed and would not oppose the demurrer on this ground. Consistent with that representation, plaintiff did not oppose the Demurrer as to the eighth cause of action. With respect to defendant Campbell's argument that she should not be held personally liable in place of defendant Studios at Walnut, LLC, the Court finds that the Third Amended Complaint contains sufficient allegations to breach the corporate veil. The pleadin...

Excerpt: ...days of defendant being personally served with the complaint; rather, it was filed eighteen days late. Counsel for defendant is cautioned that in the future the Court may refuse to consider pleadings not filed in conformity with the statutes, rules, and procedures governing this litigation. The Court in its discretion has also reluctantly considered the untimely opposition, filed and served one court day late. Counsel for plaintiff concedes the p...

Excerpt: ...800 440046004b0003> of contract is uncertain and does not specify the type of contract at issue, whether written or oral, because the First Amended Complaint (“FAC”) only alleges plaintiff “entered into an oral/written Contract” with defendant. (FAC ¶ 27). While that may be grounds to demurrer (cf. CCP § 430.10), it is not an enumerated ground for bringing a motion for judgment on the pleadings (cf. CCP § 438). Defendant also argues th...

Excerpt: ...LES, in part, the Demurrer as follows: The Demurrer is SUSTAINED as follows:  First Cause of Action – Fraud. The Demurrer is sustained, with leave to amend, on the ground the cause of action is not alleged with sufficient specificity as to each defendant. (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73 [plaintiff must allege specifically how, what, where, to whom and by what means a defendant made a misrepresentation]; see also Lazar v. ...

Excerpt: ...ved by mail with the First Amended Complaint (“FAC”). The demurrer was filed and served 18 days late. Counsel for defendants is cautioned that in the future the court may refuse to consider pleadings not filed in conformity with the statutes, rules and procedures governing this litigation. Defendants West Coast Servicing, Inc., West Coast Realty 401K Plan, and Zieve, Brodnax & Steele, LLP's Demurrer to Plaintiff's First Amended Complaint is S...

Excerpt: ...or deposition and to give testimony on April ____, 2019, at 10:00 a.m., at 400 S. Hope Street, Suite 720, Los Angeles, California 90071. Monetary sanctions in the amount of $2,882 are awarded against plaintiff and plaintiff's attorneys of record, jointly and severally, payable within 30 days. (CCP §§ 2025.450(g), 2023.010(d) and 2023.030(a).) Monetary sanctions sought in the opposition are DENIED. II. MOTION TO QUASH SUBPOENAS Plaintiff Julio P...

Excerpt: ...usive remedy for plaintiff Babineaux, where, as here, plaintiff alleges she was an employee of the defendants and her causes of action for breach of contract and negligence arise from injuries she purportedly sustained in the workplace. (Labor Code § 3601(1).) Section 3602(b) of the Labor Code provides an exception where “the employee's injury is aggravated by the employer's fraudulent concealment of the existence of the injury and its connect...

Excerpt: ...presentation by counsel for defendant that original verifications were served on counsel for plaintiff at the February 1, 2019 hearing in this matter. (Brown Further Decl. ¶ 7.) The Motion is GRANTED with respect to the original signatures of counsel. Defendant Pat's Liquor, Inc. is ordered to serve the required original signatures of counsel within five days. Notwithstanding the amount of paper generated by the parties in connection with the mo...

Excerpt: ...re the December 11, 2018 date set for the trial of the action. (CCP § 2024.020.) Indeed, it would be an abuse of this Court's discretion to entertain such a motion without first hearing and granting a proper motion for leave to reopen discovery pursuant to CCP § 2024.050. (Pelton-Shepard Indus, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1587- 1588.) Monetary sanctions requested by moving party are DENIED. The Motion of ...

Excerpt: ...spection, and to pay monetary sanctions. Defendant has also by her inaction permitted Requests for Admissions to be deemed admitted, which appear dispositive with respect to defendant's tort liability. Defendant has also failed to respond to several orders to show cause in this matter, and by her inaction her cross-complaint has been dismissed. Defendant has also failed to file timely written oppositions to the prior motions or this motion. Such ...

Excerpt: ...ch that this Court may entertain a motion to vacate under CCP § 1285. (Hightower v. Superior Court (2001) 86 Cal.App.4th 1415, 1434 [“What is mandated by statutory and case law is that the arbitrator decide all of the submitted issues and that such decision, once rendered may be subject to judicial review . . . .”]; see also Judge v. Nijjar Realty, Inc. (2014) 232 Cal.App.4th 619, 634 n.12 [noting it “highly unlikely” the trial court had...

Excerpt: ...ne, and Special Interrogatories, Set One, without objection, within 10 days. The court requires separate and complete responses to this discovery; responses to a co-defendant's discovery request will not suffice. Defendants Simi Valley Hospital's and Adventist Health System/West's Motion for an Order Compelling Plaintiff Dee Ann Abelar's Responses to Request for Production of Documents, Set One, is GRANTED. Plaintiff Dee Ann Abelar is ordered to ...

Excerpt: ...propounding party has not met her burden of justifying the number of admissions propounded. The declaration (Reyes Supp. Decl. Ex K [Decl. of Moussa A. Helo, Esq.]) upon which plaintiff relies to justify such excessive discovery is wholly conclusory regarding the reasons therefor and falls short of providing justification for why the complexity or quantity of issues in the instant case warrant the requests. The court has already ordered that 35 r...

Excerpt: ...im from liability for his installation of the floor-based, projection screen in the Tracey's living room. Sanchez v. Swinerton & Walberg Co. (1996) 47 Cal.App.4th 1461, discusses and recounts the application of this doctrine by various courts over time, helpfully summarizing the doctrine and its underlying rationale as follows: [A]s a general rule, after a contractor had completed [work] and the owner had accepted it, the contractor was not liabl...

Excerpt: ...New Trial and/or Modify Decision pursuant to CCP §§ 657, 662. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 859 [“A motion for a new trial is appropriate following an order granting summary judgment. [Citations omitted] This is so, even though, strictly speaking, summary judgment is a determination that there shall be no trial at all”].) For the reasons that follow, Plaintiff's motion is hereby DENIED. As is set forth in the Cou...

Excerpt: ...ssing each material fact raised in the moving papers. Pursuant to CCP § 437c(b), the motion is granted. As a substantive matter, plaintiff has provided undisputed evidence establishing each element of its cause of action for breach of contract. The Court finds there is no triable issue as to any material fact and that plaintiff is entitled to judgment as a matter of law in the amount of $91,700.54. Within 10 days, plaintiff shall submit a Propos...

Excerpt: ...actions. Eddie Avakian, a defendant in both actions and a cross-complainant in case EC 065055, joins in the motion to consolidate. Summit Brdige National Investments IV LLC, the plaintiff in both actions and a cross-defendant in EC <004900030057004b004800 004f004800560003004c[n both actions and the parties' respective pleadings on the motion to consolidate, the Court concludes that the actions involve common questions of law and fact, particularl...

Excerpt: ...actions. Eddie Avakian, a defendant in both actions and a cross-complainant in case EC 065055, joins in the motion to consolidate. Summit Brdige National Investments IV LLC, the plaintiff in both actions and a cross-defendant in EC <004900030057004b004800 004f004800560003004c[n both actions and the parties' respective pleadings on the motion to consolidate, the Court concludes that the actions involve common questions of law and fact, particularl...

Excerpt: ...e all the named defendants, including individual defendants, while, at the same time, apparently using that defined term (“Employer”) to refer to a subset of the named defendants in various places throughout the Complaint.  Demurrer to the second cause of action for sexual harassment under Civil Code section 51.9 is SUSTAINED WITH LEAVE TO AMEND on the ground the allegations do not include allegations required to establish a business or pr...