Excerpt: ...ht surety companies and insurers, relating to breach of contract, construction defects, and negligence (the “DXC”). The Hollys have thereafter filed a cross-complaint for indemnity and breach of contract against the ten subcontractors named in the DXC, along with eleven more subcontractors not named therein (the “HXC”). This matter is on calendar for the motion by the Hollys to designate the case complex under Cal. Rules of Court (“CRC�...

Excerpt: ...regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was erroneous, as the appropriate relief would be to appeal the erroneous order, not to ignore the efforts to enforce it. In re Marriage of Niklas (1989) 211 Cal.App.3d 28, 35-36. CCP § 2025.450(g)(1) provides that a monetary sanction “shall” be imposed against the party losing a motion to compel deposition unless the court finds “...

Excerpt: ...arranty Act, Civ. Code § 1790 et seq. (the “Act”); 2) breach of implied warranty under the Act; and 3) violation of §1793.2 under the Act. This matter is on calendar for the motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection (the “RPODs”). The Motion is GRANTED. I. Governing Law Regarding RPODs, a party to whom a document demand is directed must respon...

Excerpt: ... TRVFD, “Defendants”), arising initially out alleged violations of the Court's orders in another case, SCV- 266225. This matter is on calendar for demurrers to all causes of action within the SAC by TRVFD, the County and Thompson pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, that there is another action proceeding between the same parties, and for misjoinder of...

Excerpt: ...a (the "Property"). Defendant has filed the instant motion for issuance of an order to show cause ("OSC") re: contempt against the receiver, Mark Adams ("Receiver"). The motion is DENIED. Judicial Notice As a preliminary matter, the Court takes permissive judicial notice of the docket within this case, including the orders therein, and the filings of the Receiver in this case. Judicial notice of official acts and court records is statutorily appr...

Excerpt: ...tions to compel answers to special interrogatories ("Sl") against Defendant under Code of Civil Procedure ("CCP") S 2030.300, and to compel compliance with Plaintiff's request for production of documents ("RPOD") under CCP S 2031.310. The motions are GRANTED. Governing Law A. Special interrogatories A party may propound up to 35 special interrogatories to another party. (CCP S 2030.030(a).) If the party propounds more than 35, it must attach to e...

Excerpt: ...his matter is on calendar for Defendant's motion to strike pun-tive damages. The motion to strike is DENIED. Governing Law A. Motion to Strike Punitive Damages A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 435(b). However, "falsity," must be demonstrated by reference to the pleading its...

Excerpt: ...ez, "Defendants"), and Does 1-100. The Complaint alleges a variety of causes of action derived from work contracted to be performed by Defendants. Grape Land has filed a cross- complaint alleging further contract actions ("Cross-complaint"). This matter is on calendar for Plaintiffs' motion to strike particular claims from the Cross-complaint, or in the alternative, to require a bill of particulars under Code of Civil Procedure ("CCP"), S 454. Pl...

Excerpt: ...ar for the moton by Corporate Defendant seeking to compel further responses to requests for production of documents set one ("RPODs"), Nos. 4, 24, 27, 36, 48, and 58, and request for sanctions in the amount of $5,510.00, from Plaintiff under Code of Civil Procedure ("CCP") S 2031.310. Governing Law Regarding the RPODs, a demand for production may request access to "documents, tangible things, land or other property, and electronically stored info...

Excerpt: ...cuments ("RPODs"), Set One, Nos. 2, 4, 6, 8, 10, 12, 14, 15, 18, 20, 22, 32, 34, 36, and 39, against Defendant under Code of Civil Procedure ("CCP") S 2031.310. The motion is GRANTED. Governing Law Regarding the RPODs, a demand for production may request access to "documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control" of another party. A party to whom a document demand is...

Excerpt: ...or Code violations, and civil penalties thereon(the "Complaint"). This matter is on calendar for the petition (styled as a "motion") by the Defendant to compel arbitration pursuant to Federal Arbitration Act ("FAA"), 9 USC SS 1-15. Defendant's petition to compel arbitration and stay proceedings is DENIED. Facts and Procedure This matter arises out of an employment relationship between the parties. Defendant avers that Plaintiff, as part of his on...

Excerpt: ...mplaint, Plaintiff alleges that 275 and Walden are the lessors of the Property. 275 and Plaintiff entered into a lease agreement on February 8, 2020. Plaintiff filed the Complaint based on Defendants' alleged violations of the lease agreement, particularly as it pertained to issues of the parking lot and other common areas on the Property. Plaintiff thereafter moved the Court for a preliminary injunction, which was heard on July 26, 2023. The Cou...

Excerpt: ...t has filed the instant motion for issuance of an order to show cause ("OSC") re: contempt against the receiver, Mark Adams ("Receiver"). The motion is DENIED. Judicial Notice As a preliminary matter, the Court takes permissive judicial notice of the docket within this case, including the orders therein, and the filings of the Receiver in this case. Judicial notice of official acts and court records is statutorily appropriate. See Cal. Evid. Code...

Excerpt: ...cedure ("CCP") S 418.10(a)(1) on the grounds that the Court lacked personal jurisdiction over Laird because the summons and complaint were never properly served. Governing Law The Code of Civil Procedure states that "[a] defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion [tlo quash service of summons on the ground of lack of jur...

Excerpt: ...ount. The motion is DENIED. CCP S 664.6(a) provides: "If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance...

Excerpt: ...d to compel production of documents ("RPODs") from Defendants under CCP SS 708.030 & 2031.300. The unopposed Motion is GRANTED. Defendants shall serve verified code-compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $60 in sanctions to Plaintiff within thirty (30) days of notice of entry of the order on this Motion. Governing Law A judgment creditor generally has the...

Excerpt: ...r for the motion by Defendants for summary judgment or in the alternative adjudication pursuant to Cal. Code Civ. Proc. ("CCP") S 437(c) as to the Complaint. Evidentiary and Procedural Issues A. Procedural History The Court notes that Defendants have already filed a motion for summary judgment or adjudication in this case on July 20, 2019 (hereinafter "MSJ-I"). The Court issued a ruling on MSJ-I on October 24, 2019, granting the motion as to all ...

Excerpt: ...oner is awarded $7,691.50 for bringing this matterfrom arbitration to Judgment. 1. Plaintiff is Entitled to Attorneys' Fees. The Court notes that Petitioner has provided no authorities in their memorandum making clear to the Court on what basis the Court may award them post-petition fees. The Court presumes, given that this arises out of an arbitration petition, which itself depends on the underlying contract signed by the parties, that Petitoner...

Excerpt: ...ional interference with economic relations; 8) intentional infliction of emotional distress; 9) declaratory relief; 10) quiet title; and 11) injunctive relief. This matter is on calendar for Plaintiffs' motion to compel further answers to requests for production of documents ("RPODs") against Flint under Code of Civil Procedure ("CCP") S 2031.310. Governing Law A. Inspection Requests and Producing Documents Regarding the RPODs, a demand for produ...

Excerpt: ... and stay proceedings is CONTINUED to December 15, 2023, at 11:00 am in Dept. 19 for an evidentiary hearing regarding the execution of the disputed arbitration agreement. The Basis for the Motion Defendant moves to compel arbitration based on an arbitration agreement allegedly electronically signed by Plaintiff on October 6, 2020. See Declaration of Renae Souza, Exhibit D (the "Arbitration Agreement"). Plaintiff opposes the motion, alleging in he...

Excerpt: ... 1-50 alleging causes of achon for: 1) Motor Vehicle Negligence; and 2) General Negligence. This matter is on calendar for the motion by Defendants for summary judgment pursuant to Cal. Code Civ. Proc. ("CCP") S 437c. For the reasons set forth below, the motion for summary judgment is DENIED. The Burdens on Summary Judgment A. Generally Summary judgment "shall be granted if all the papers submitted show that there is no triable issue as to any ma...

Excerpt: ...nt"). This matter is on calendar for Plaintiff's four motions: (1) moton to quash subpoena duces tecum, (2) motion compelling further responses to form interrogatories ("Fls"), general, from Defendants under Code of Civil Procedure ("CCP") SS 2030.300, and (3) moton compelling further responses to form interrogatories, employment ("EROGs") set one and (4) motion compelling further responses to form interrogatories, EROGS, set two, from Defendants...

Excerpt: ... Proc. ("CCP") S 1280 et seq. (the "CAA"). The Motion is GRANTED. The Basis for the Motion Plaintiff offered construction services to Defendants Gaebler and Steinberg under a construction contract. See FAC, Exhibit A (the "Contract"). The Contract contains an arbitration provision covering "any claim arising out of or relating to this contract". See Contract, pg. 9. The Contract was signed by all parties. Governing Law A party seeking to compel a...

Excerpt: ...th argue extensively about the applicability of the discretionary undertaking provision in CCP S 917.9. Both parties largely cite cases which predate the 1958 amendment that created the current version of 917.9, and associated statutes. The concern raised is that the interlocutory judgment compels the sale of the property, and therefore is an order under CCP S 917.4, under which no stay is issued unless the Court sets an undertaking. No party rai...

Excerpt: ...oduction of documents ("RPODs") from Defendant under CCP SS 708.030 & 2031.300. The unopposed Motion is GRANTED. Defendants shall serve verified responses free of objections within thirty (30) days of notce of entry of the order on this Motion. Defendants shall pay $50 in sanctions to Plaintiff within thirty (30) days of notce of entry of the order on this Motion. Governing Law A judgment creditor generally has the same rights to propound discove...