Excerpt: ...rogatories, Sets One from Defendant FEC and General Form Interrogatories from Defendant David Limones. Preliminarily, the Court notes that each opposition to each motion before the Court today was filed and served 4 days late, on 9-25-23 instead of 9-21-23, when they were due. The Court will exercise its discretion to consider the merits of each opposition given that Plaintiff filed substantive replies to each opposition. 1. Merits Code of Civil ...

Excerpt: ...n counsel for each party, plaintiff Noel Duarte and defendant Lisa Rochelle Siegel-Foigelman shall only appear at depositons in the above-captioned action by remote video or audio conference, and not in person. 2. Absent written agreement between counsel for each party, plaintiff Noel Duarte and defendant Lisa Rochelle Siegel-Foigelman shall only appear at pre-trial court hearings in the above-captioned action by remote video or audio conference,...

Excerpt: ...ries 8) Motion to Compel Production Defendant and Cross Defendant Linda Votaw mcwes to compel Defendant, Cross-Defendant and Cross-complainant Aaron Brower to serve further verified responses, without objections, to: (1) Form Interrogatories, Set One, Interrogatory Nos. 2.3-2.4, 7.1-7.3, 8.2-8.8, 9.1-9.2, 12.1-12.7, 13.1-13.2, 14.1-14.2, 15.1, 17.1, and 50.1- 50.6; (2) Special Interrogatories, Set One, Interrogatory Nos. 27-44, 69-80, and 84-92; ...

Excerpt: ...9241(a) prov-des: "In the event that a trustee under a deed of trust is named in an action or proceeding in which that deed of trust is the subject, and in the event that the trustee maintains a reasonable belief that it has been named in the action or proceeding solely in its capacity as trustee, and not arising out of any wrongful acts or omissions on its part in the performance of its duties as trustee, then, at any time, the trustee may file ...

Excerpt: ...t related to this action be barred. Circle K Defendants' motion previously came on for hearing on 9-14- 23. The motion was continued to 9-28-23 to allow Defendants to respond to Circle K Defendants' settlement agreement submitted with their reply pursuant to Mediplex of California, Inc. v. Superior Court (1995) 34 Cal.App.4th 748, 754. Defendants filed their supplemental opposition on 9-21-23 and Circle K Defendants filed their supplemental reply...

Excerpt: ...ties Agency (2011) 198 Cal. App. 4th 611, 529.) No later than 10/13/23, Defendants shall file and serve a supplemental brief, not to exceed five pages, stating what issues remain to be decided via demurrer in light of the Court's ruling on their ant-SLAPP moton to strike. Plaintiff may file and serve a responsive supplemental brief, not to exceed five pages, regarding the demurrers no later than 10/18/23. Ant-SLAPP Motion to Strike The Anti- SLAP...

Excerpt: ...eeded to gain access through that entry point at the Hamilton Gate entrance to what we call Strip 2 of the Easement" (ld. at 23:4-7); 3. "The Hickey Gate on the south part of the 25 acre will be coded" (ld. at 23:12-14.); 4. There will be an easement granted to Mr. Thier that provides for "vehicular and pedestrian, as well as equestrian rights but only as equestrian rights as [tol Strip 1, and usage for the Strip 1 for equestrian purposes is limi...

Excerpt: ...to their motions. In future, counsel shall file any separate statement as a separate document for the Court's review. Code of Civil Procedure section 2030.300 states in part, "(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete. (2) An exercise o...

Excerpt: ... "(a) Except as otherwise provided in Section 396a [not applicable here], if an action or is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, without answe...

Excerpt: ...gence Defendants argue that the first cause of achon is barred by the statute of limitations in Code of Civil Procedure section 340.5 for professional negligence. Plaintiff's Opposition concedes that the first cause of achon is barred by the statute of limitations. (Opposition, 2:19- 20.) Therefore, because Plaintiff concedes as to this cause of action, the demurrer to this cause of action is SUSTAINED. Because Defendants demur based on the statu...

Excerpt: ...[alny party to an action in which it is alleged that two or more parties are joint tortfeasors...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..." The fundamental inquiry in a good faith hearing, pursuant to Code of Civil Procedure 5877.6, is whether the settling Defendant is paying the Plaintiff an amount that is so far below Defen...

Excerpt: ...Civil Procedure section 437c(f)(1) provides: "[al party may mcwe for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of achon has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is...

Excerpt: ....290 states, in part, "If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: (a) The party to whom the interrogatories are directed waives any right to exercise the option to priNluce wr-tings 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) . ['ll ...

Excerpt: ...tion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion." "The Discovery Act requires that, prior to the initiation of a moton to compel, the moving party declare that he or she has made a reasonable and good faith attempt to obtain an informal resolution of each issue. This rule is designed to encourage the parties to work out their differences informally so as to avoid t...

Excerpt: ...eeded to gain access through that entry point at the Hamilton Gate entrance to what we call Strip 2 of the Easement" (ld. at 23:4-7); 3. "The Hickey Gate on the south part of the 25 acre will be coded" (ld. at 23:12-14.); 4. There will be an easement granted to Mr. Thier that provides for "vehicular and pedestrian, as well as equestrian rights but only as equestrian rights as [tol Strip 1, and usage for the Strip 1 for equestrian purposes is limi...

Excerpt: ...ovides in pertinent part: (b) The court, for good cause shown, may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: ... (4) That the inspection, copying, testing, or sampling be made only on specified terms and conditions. (5) That a trade...

Excerpt: ...pute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.)" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be ...

Excerpt: ...for judicial notice pursuant to Evidence Code S 452(h). Defendants Rena Akhlaghi and Farideh Akhlaghi's Motion to Strike is DENIED as MOOT in light of the Court's ruling on the Demurrer. Demurrer Sham Pleading Defendant argues that Plaintiff should not be allowed to amend his pleadings because the facts alleged regarding the amount due is incorrect and any subsequent complaint will be a sham. under the sham pleading doctrine, the trial court may ...

Excerpt: ...rtments, LLC's ("Plaintiff") First amended Complaint. First Cause of Action for Breach of Written Indemnity Agreement Defendant argues that the FAC'S first cause of action is insufficiently pled for the following reasons: (1) Plaintiff cannot plead consideration at the time the 8-28-02 letter was issued because Plaintiff did not have a viable claim for breach of contract at that time, as Plaintiff's predecessor believed that the Property had been...

Excerpt: ...sponses to Interrogatories, filed 2-17- 23 under ROA No. 279 is GRANTED in part and DENIED in part. Defendant moves for an order compelling Plaintiff Michael Pierce (Plaintiff) to provide further responses to Defendants' Form Interrogatories, Set One, numbers 2.7(d), 2.12, 6.1, 6.3, 6.4, 6.7, 7.2, 8.8, 9.1, 9.2, 11.2, 12.1, 14.1, 17.1, 50.1, 50.5 and Special Interrogatories, Set One, numbers 9, 12, 17, 19, 22-26, 33 and for an order imposing mone...

Excerpt: ...mary judgment shall be granted where there is no triable issue of any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) “A defendant moving for summary judgment meets his burden of showing that there is no merit to a cause of action if that party has shown that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of...

Excerpt: ...ual to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Plaintiffs accepted Defendant's third Section 998 Offer to Compromise in the amount of $41,499.03 on March 28, 2023. The Section 998 Offer states: “KA will pay Plaintiffs' attorney's fees, expenses a...

Excerpt: ...ts, the Court is inclined to consider Plaintiffs' untimely opposition. Application of Litigation Privilege: Defendants challenge all seven causes of action alleged in the FAC on the grounds that Defendants are immune from liability pursuant to the litigation privilege. Specifically, Defendants contend that the litigation privilege bars Plaintiffs claims because the claims arise out of the Associations' recording of an assessment lien against Plai...

Excerpt: ...able to fraud claims because they signed the purchase agreement in 2008 and were provided with copies of everything they signed including the settlement statement which states the final purchase price was $753,584. Defendant further contends that Plaintiffs' contention that the limitations period began to accrue on December 12, 2019 when they received an email from Defendant's representative lacks merit as they cannot rely on Defendant's most rec...

Excerpt: ...905, “there is no recovery in tort for negligently inflicted ‘purely economic losses,' meaning financial harm unaccompanied by physical or property damage.” (Id. at 922.) Additionally, “the rule functions to bar claims in negligence for pure economic losses in deference to a contract between litigating parties.” (Ibid.) “[T]here is no liability in tort for economic loss caused by negligence in the performance or negotiation of a contr...