Excerpt: ... § 177.5 for failure to comply with the Court's October 6, 2020 order. After reviewing the opposition to the OSC and the attached declaration of Hays, the Court concludes that Hays and Wolfe (who did not file a declaration) failed to present any evidence in support of their contention that they were unable to comply with the Court's order. The following is the substance of the Court's OSC re Contempt order that shall be personally served on Hays...

Excerpt: ...ints (FACC) against Plaintiffs and several subcontractors, including Blue Line, for (1) equitable/implied indemnity; (2) apportionment of fault; (3) declaratory relief; (4) contribution; (5) negligence; and (6) breach of contract. LEGAL STANDARD “Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlem...

Excerpt: ...s Health Center filed a joinder. On September 7, 2021, Plaintiffs filed an opposition. September 10, 2021, Plaintiffs filed an amended opposition. LEGAL STANDARD Code of Civil Procedure section 583.310 states, “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” Section 583.360 provides that “[a]n action shall be dismissed by the court on its own motion or on motion of the defendant,...

Excerpt: ...ued to 05/24/21. (See 02/11/2021 Minute Order.) On April 6, 2021, the Court notified the parties that FSC had been reset for May 12, 2021. (See 04/06/2021 Notice re: Continuance of Hearing and Order.) On April 22, 2021, the Court issued a Nunc Pro Tunc Order clarifying that the parties were to schedule and attend a Mandatory Settlement Conference with the Honorable Judge Marc Gross through Department R205 at Beverly Hills Courthouse. (See 04/22/2...

Excerpt: ... that fails to respond to interrogatories “waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” (Code Civ. Proc., § 2030.290(a).) The Court shall impose a monetary sanction under Chapter 7 “against any party, person, or attorney who unsucc...

Excerpt: ...ion, and declaratory relief. Borison obtained an order allowing Defendant Nicholas Gutsue to be served by publication. Borison filed a proof of publication on July 15, 2021. On August 23, 2021, Borison filed a request for entry of judgment. On September 10, 2021, Gutsue filed a motion to set aside the default. On September 13, 2021, the Court granted Borison's request for entry of default judgment. At the ex parte, the Court shortened the time fo...

Excerpt: ...ling on April 12, 2021. The Notice of ruling states, “Discovery remains closed except . . . Wetherly may depose Plaintiff (on all issues) and conduct discovery concerning Plaintiff's alleged personal injuries (i.e., subpoenas directed to and depositions of Plaintiff's health care providers, requests for production directed to Plaintiff and a medical examination of Plaintiff and reasonable follow-up discovery). For the avoidance of doubt, such d...

Excerpt: ... action is directed at Gates Security and Palisades Patrol Services. Plaintiff alleges that Defendants made false statements to the police that resulted in Plaintiff's arrest and criminal prosecution. Defendants filed a special motion to strike. After taking the matter under submission, the Court granted defendants Gates Security and Palisades Patrol Services special motion to strike. The Court further granted defendant Anthony Gonzales' joinder ...

Excerpt: ...pal and its attorneys refused to wear face masks despite repeated requests from Ms. Amde's counsel. Ms. Amde seeks a protective order directing Plaintiff to take the deposition of Ms. Amde remotely. In the alternative, Ms. Amde, seeks an order requiring all persons present at the deposition to wear face masks should the deposition take place in person. On August 27, 2021, Plaintiff Marble One, LLC filed a motion to compel the Deposition of Defend...

Excerpt: ...ng affected by the settlement and the date on which the affected pleading was filed.” (CRC Rule 3.1382.) “Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner pr...

Excerpt: ... widow and is also representing the estate of Guy Cognein. Defendants Kathi Dolan and Fire Insurance Exchange filed separate demurrers to the FAC. The demurrers are unopposed. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised...

Excerpt: ...nt, promissory fraud, quantum meruit, and common count arising out the construction and sale of a piece of real property. On October 20, 2020, Plaintiffs filed second amended complaint (labeled first amended complaint). Defendants Alan I. Schimmel, and S&B Investments, LLC filed a demur and motion to strike to this complaint, which the Court will identify as the FAC. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint alleges fa...

Excerpt: ...iled in December 2019. Plaintiffs alleges six causes of action, including: (1) violation of Elder Abuse and Dependent Adult Civil Protection Act (Neglect); (2) strict liability – failure to warn; (3) breach of fiduciary duty – fraud by concealment; (4) professional negligence (medical malpractice); (5) wrongful death; and (6) unfair business practices in violation of California Business and Professions Code Sections 17200-17208. On December 2...

Excerpt: ...aterproofing Forensics Person Most Qualified (PMQ), (ii) that Mr. Vanderslice is the individual that they expect to designate as an expert witness, and (iii) Folger Roofing can (only) take the deposition of Mr. Vanderslice as an expert witness should they designate him (and then only on the eve of trial). Folger Roofing Noticed the Deposition of the PMQ of Roofing and Waterproofing Forensics for September 24, 2020. (Morssion Decl. ¶ 2.) Counsel ...

Excerpt: ...nsider the matter and modify, amend, or revoke the prior order.” (Code Civ. Proc., § 1008(a).) “[F]acts of which the party seeking reconsideration was aware at the time of the original ruling are not ‘new or different.'” (In re Marriage of Herr (2009) 174 Cal.App.4th 1463, 1468 [citing Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 690].) “The party making the application shall state by affidavit what application was made before, when an...

Excerpt: ...��Cross-Complainant” or “BRF”) counsel of record, Jeffrey Konvitz, from testifying at trial or, in the alternative, for an order shortening time for a noticed hearing on the matter. At the hearing on the ex parte applications filed by both parties, the Court held that the ex parte application needed to be fully briefed and set a hearing date. (See 08/26/2021 Minute Order.) LEGAL STANDARD Rule 3.7(a) of the Rules of Professional Conduct prov...

Excerpt: ...(“Amir”) and Bonnie Rejaei (“Bonnie”), and Does 1 -5. This is a dispute between a lawyer and his former clients. (See FAC ¶2:3-6.) On February 18, 2021, the Court held an IDC wherein “counsel for defendants agree[d] to supplement his response to Special Interrogatories 14.1 and 15.1, correct procedural defects in his response to the RFPs, and respond to form interrogatory 17.1 Counsel further agree to provide responses by March 1” (S...

Excerpt: ... Does 1 -10. Defendant Jake Dempsey was served on February 22, 2021. Default was entered against Defendant Jake Dempsey on March 25, 2021. Dempsey filed a motion to set aside default on April 12, 2021. LEGAL STANDARD Under Code of Civil Procedure, section 473(b), an application for relief based on a party's mistake, inadvertence, surprise, or excusable neglect must be made no more than six months after entry of the order from which relief is soug...

Excerpt: ...Code of Civil Procedure section 1060. The trial in this action is set for September 27, 2021. On April 9, 2021, Cross-Complainant filed a motion to invoke the crime-fraud exception to attorney-client privilege. On September 6, 2020, BRF served its Request for the Production of Documents, Set No. 1, on Geringer. Geringer responded on November 3, 2020 (after an extension). (See Konvitz Decl. ¶ 34, Ex. K.) There were five document demands and the a...

Excerpt: ... ¶1.) Petitioner has filed this petition as a writ of mandate and for declaratory relief. Petitioner alleges the “Assessor has sought 11 continuances of the hearings, pursuant to Revenue and Taxation Code section 1604, subdivision 12(c), on these applications over the past seven years due to the criminal prosecution of the former Assessor and the Assessor's representative, the Assessor's appraiser, and Petitioner's former agent, Ramin Salari, ...

Excerpt: ...tatement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310(a).) Motions to compel further responses must be timely to be considered. (See Code Civ. Proc., § 2031.310(c).) A party filing a motion to compel further needs to comply with two requirements. First, a party filing a...

Excerpt: ...y September 1, 2021, and reply to be filed by September 3, 2021. (See id.) On August 25, 2021, Cross-Defendant and Cross-Complainant Nadel Residential and Commercial, Inc.'s filed its motion for a determination of a good faith settlement between itself and Shores. Cross-Complainant/Cross-Defendants Trademark and Railcraft filed limited oppositions. LEGAL STANDARD “A motion or application for determination of good faith settlement may include a ...

Excerpt: ... Does 1 – 100, and Marina City Club Condominium Owners Association (nominal defendant) for breach of fiduciary duty, breach of contract, and accounting. The first cause of action was against the “Director Defendants,” who were identified as defendants Kelliher, Bergmann, Pesce, Rahmati and Bryce (see FAVDC ¶ 16, p. 11:27), and the third cause of action was against all defendants for an accounting. The Court deemed the FAVDC filed on Februa...

Excerpt: ...for accounts that she worked on. The court also granted a motion for judgment on the pleadings with leave to amend. On June 4, 2021, the Court granted Plaintiff Adrienne Doustkam's motion for leave to file a second amended complaint (SAC). Plaintiff's SAC is a 14-count complaint against Defendants Tax Credit Group and Pejman J. Sage.[1] LEGAL STANDARD A demurrer for sufficiency tests whether the complaint alleges facts sufficient to constitute a ...

Excerpt: ...nd amended complaint (“SAC”) against Defendant Terramar Retail Centers, LLC (“Terramar”), Operating Co., and Does l-10 alleging claims for (1) breach of fiduciary duty, (2) breach of contract, (3) breach of the covenant of good faith and fair dealing, (4) declaratory relief, and (5) derivative liability. On April 12, 2021, Terramar filed an answer to the SAC. LEGAL STANDARD Upon a properly noticed motion of a party made no later than the ...