Excerpt: ...ndon Farm”), Jake Seal (“Seal”), Screen Media Ventures, LLC (“Screen Media”), Independent Frame, LLC (“Independent Frame”), Orwo Film Distribution, LLC (“Orwo”), PVS Studios, LLC (“PVS Studios”), and Chicken Soup for the Soul Entertainment, Inc. (“CSSE”) (collectively, the “Defendants”). The motion is unopposed. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivisio...

Excerpt: ...f Good Faith Settlement MOTION Plaintiff Isac Hernandez (“Plaintiff”) settled his claims against Defendants/Cross-Defendants MRB Construction, Inc. and Marvin Ramos (collectively, “MRB”). The MRB Parties move for a determination that their settlement with Plaintiff was entered into in good faith. Cross-Complainants Shane W. Josephs and Jennifer L. Josephs (collectively, the “Josephs”) oppose the motion. The Court notes that the Joseph...

Excerpt: ...n. Plaintiff replies. EVIDENTIARY OBJECTIONS Plaintiff submitted evidentiary objections to the Declaration of Jacob O. Partiyeli submitted in opposition to this Motion. Objections Nos 1 and 2 are SUSTAINED. Objections Nos. 3 to 5 are OVERRULED. ANALYSIS I. Legal Standard “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to o...

Excerpt: ...rom an alleged breach of contract. Ian Herzog (“Plaintiff”) sues Fidelity National Home Warranty , Inc. dba FNHW (“Defendant”) for four causes of action: 1. Breach of Contract 2. Fraud 3. Intentional Infliction of Emotional Distress 4. Intentional Tort – Insurance Bad Faith Plaintiff alleges that Defendant failed to replace a water heater in his condominium in accordance with the FNHW Contract and its terms of coverage. (Complaint, ¶ B...

Excerpt: ...oes 1 through 20 for 1) breach of fiduciary duty 2) financial elder abuse, 3) undue influence, 4) breach of oral contract, and 5) negligence. Overturf was allegedly Plaintiff's financial planner, money manager, option trader, crypto currency trader, and a stock, equity, commodity, and securities investor. (Complaint ¶ 2.) Sisu is a business entity that acted in support of Overturf's financial adviser/money manager activities. (Id. at ¶ 3.) Plai...

Excerpt: ...f Civil Procedure § 2025.620(d). Additionally, Defendant seeks to leave serve a medical records subpoena on Encino Medical Center. Lastly, Defendant seeks monetary sanctions against Plaintiff and his attorney of record, jointly and severally, in the amount of $924 pursuant to Code of Civil Procedure § 2024.050(c). Plaintiff David Allsop (“Plaintiff”) opposes the motion. ANALYSIS As a preliminary matter, the Court finds that the instant moti...

Excerpt: ...ruary 28, 2020, Plaintiff filed this action against Defendant Costco Wholesale Corporation (Defendant), alleging two causes of action for general negligence and premises liability. On June 2, 2023, Defendant filed the instant motion for an order enforcing the settlement agreement under Code of Civil Procedure section 664.6. The motion is unopposed. ANALYSIS (a) If parties to pending litigation stipulate, in a writing signed by the parties outside...

Excerpt: ... Khodaverdi, Joseph Ghadir, Parvin Ghadir, and Joseph and Parvin Ghadir as Trustees of the Ghadir Family 1996 Trust (hereinafter “moving Cross Defendants”) for indemnification, apportionment of fault, declaratory relief, general negligence, motor vehicle, loss of consortium, and comparative fault. On June 12, 2023, the Court heard moving Cross Defendants' ex parte application to continue trial. At that hearing, the Court advanced the hearing ...

Excerpt: ...nt Executive Investments, Inc. (“Defendant”). (See Complaint, pp. 4-5.) Defendant moves the Court for an order compelling Plaintiff to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Defendant (Motion A) a. Propounded: July 22, 2022 b. Responded: August 23, 2022 c. Motion Filed: May 12, 2023 2. Special Interrogatories, Set 1, Propounded to Defendant (Motion B) a. Propounded: July 22...

Excerpt: ... judgment can be heard at least 30 days before the trial date. Defendant's motion for summary judgment is set for February 28, 2024. Trial is scheduled for March 4, 2024. The motions are unopposed. ANALYSIS “Continuances are granted only on an affirmative showing of good cause requiring a continuance.”¿ (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.)¿ A trial court has broad discretion in considering a request for a tria...

Excerpt: ...ves to strike Plaintiff's claim for punitive damages. Plaintiff has not filed an opposition to either the demurrer or motion to strike. ANALYSIS 1. REQUEST FOR JUDICIAL NOTICE Defendant requests that the Court take judicial notice of (1) the First Amended Complaint, and (2) documents submitted in a related criminal case, BA447410. The Court grants this request pursuant to Evidence Code section 452, subdivision (d). 2. DEMURRER “It is black lett...

Excerpt: ...poses the motion. Plaintiff replies. ANALYSIS Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent's attendance and testimony. (Code Civ. Proc., § 2025.450, subd. (a).) On January 6, 2023, Plaintiff served ...

Excerpt: ...re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion in considering a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling on a motion to continue trial. Whether the parties have stipulated to the postponement is a relevant factor for consideration. (See Code Civ. Proc., § 595.2...

Excerpt: ...the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10, subd. (a)(1).) “In the absence of a voluntary submission to the authority of the court, compliance with the statutes governing service of process is essential to establish that court's personal juris...

Excerpt: ... July 19, 2024 so that such motion may be heard at least 30 days prior to the current trial date of November 28, 2023 or, in the alternative, continue the trial date to August 29, 2024 or shortly thereafter. Plaintiffs Eduard and Grigor Davtyan's (“Plaintiffs”) counsel filed a declaration in response to Defendant's instant motion. Plaintiffs do not oppose the instant motion. (Karapetian Decl., ¶ 3.) Should the Court advance the hearing date,...

Excerpt: ...fendant replies. JUDICIAL NOTICE The Court grants Defendant's request for judicial notice. (Evid. Code, § 452, subd. (d) [providing that a court may take judicial notice of court records].) ANALYSIS A motion for judgment on the pleadings has the same function as a general demurrer, but may be made after the time to demur has expired. (Code Civ. Proc., § 438, subd. (f).) “Like a demurrer, the grounds for the motion [for judgment on the pleadin...

Excerpt: ...fs did not file an opposition to the motion. Instead, on June 6, 2023, counsel for Plaintiffs, Hector Vega (Vega) through Hardip Passanati, appeared at the hearing arguing that Plaintiffs complied with the Court's order of December 20, 2022 Based upon counsel for Plaintiffs' representation, the Court continued the hearing on the motion and ordered the parties to file declarations regarding compliance with the Court's order of December 20, 2022. O...

Excerpt: ...ss-Defendant Destination Shuttle Services (DSS). The motion is unopposed. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other re...

Excerpt: ...lliam collided with Plaintiffs' vehicle while driving under the influence of alcohol. Defendants move to strike Plaintiff's prayer for punitive damages. Plaintiffs oppose the motion. ANALYSIS Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court ...

Excerpt: ...e Summary Adjudication 3. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication [1] 4. Evidence in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Judgment, or in the Alternative Summary Adjudication 2. Plaintiff's Request for Judicial Noti...

Excerpt: ...ummary Judgment 4. Notice of Lodging and Lodging of Video and Screen Shots in Support of Motion for Summary Judgment 5. Evidence in Support of Motion for Summary Judgment 6. Appendices of Non-California Authorities in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment 2. Objections to Summary Judgment Evidence 3. Plaintiff's Response Separate Statement of Disputed Material Facts and Additional U...

Excerpt: ...IS Code of Civil procedure section 473 “includes a discretionary provision, which applies permissively, and a mandatory provision, which applies as of right.” (Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25 (hereafter Minick).) “Section 473 is a remedial statute to be “applied liberally” in favor of relief if the opposing party will not suffer prejudice. Because the law strongly favors trial and disposition on the merits, any do...

Excerpt: ...fourth cause of action for intentional infliction of emotional distress (IIED). Defendant also moves to strike Plaintiff's claim and prayer for punitive damages. Plaintiff opposes the motion and demurrer. Defendant replies. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must...

Excerpt: ... unopposed. DISCUSSION Personal service of any deposition subpoena is effective to require a deponent who is a resident of California to: personally appear and testify, if the subpoena so specifies; to produce any specified documents; and to appear at a court session if the subpoena so specifies. (Code Civ. Proc., § 2020.220, subd. (c).) A deponent who disobeys a deposition subpoena may be punished for contempt without the necessity of a prior o...

Excerpt: ... with the motion. Defendant opposes the motion. Plaintiff replies. ANALYSIS Here, on December 22, 2022, Plaintiff served the first deposition notice for Defendant's PMQ on Defendant. Plaintiff noticed the deposition of the PMQ for January 17, 2023. On January 12, 2023, when Plaintiff emailed Defendant's counsel to confirm attendance at the January 17, 2023 deposition, Defendant's Counsel stated that Defendant never received notice of the depositi...