Excerpt: ...t aside the November 6, 2017 dismissal pursuant to CCP section 473, subdivision (b), based on the mistake of her attorney in failing to appear. Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit of fault attesting to his/her mistake, inadvertence, surprise or neglect, the court shall vacate a resulting default, default judgment or dismi...

Excerpt: ...4.6 Plaintiff now moves to enforce the settlement and enter judgment pursuant to that statute. Under CCP section 664.6: If parties to pending litigation stipulate, in a writing signed by the parties outside 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 jurisdicti...

Excerpt: ... orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” Background Plaintiff Sequoia Concepts, Inc. (“Plaintiff”) is the assignee for collection of the City of La Miranda (“Assignor”). Plaintiff seeks recovery of property damages in the sum of $16,336.33 incurred by its assignor to a light pole owned and operated by...

Excerpt: ...rovided by statute.” (§ 583.360, subd. (b).) The purpose of the five-year dismissal statute is to prevent the prosecution of stale claims where defendants could be prejudiced by loss of evidence and diminished memories of witnesses. (Lewis v. Superior Court (1985) 175 Cal.App.3d 366, 375, 220 Cal.Rptr. 594.) The statute also protects defendants from the annoyance of having unmeritorious claims against them unresolved for unreasonable periods o...

Excerpt: ...center, and the Class “A” citation was issued pursuant to Cal. Health & Safety section 1424(d). “Class “A” violations are those which Defendant has determined present either (1) imminent danger that death or serious harm to the patients or residents of the long-term health care facility would result therefrom, or (2) substantial probability that death or serious physical harm to patients or residents of the long-term health care facilit...

Excerpt: ...demonstrate “good cause” for production of documents. These motions may be brought at any time. (Sinaiko Healthcare Consulting, Inc. v. Pac. Healthcare Consults. (2007) 148 Cal.App.4th 390, 404.) Discussion Plaintiff moves the Court to compel Defendant to serve full and complete verified responses, without objections, to Plaintiff's Request for Production served on February 24, 2017. It has been established that if verified responses to inter...

Excerpt: ... willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) “[A] penalty as severe as dismissal or default is not authorized where noncompliance with discovery is caused by an inability to comply rather than willfulness or bad faith.” (Brown v. Sup. Ct. (1986) 180 Cal.App.3d 701, 707.) Pursu...

Excerpt: ... willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) “[A] penalty as severe as dismissal or default is not authorized where noncompliance with discovery is caused by an inability to comply rather than willfulness or bad faith.” (Brown v. Sup. Ct. (1986) 180 Cal.App.3d 701, 707.) Pursu...

Excerpt: ...ber 2016, Plaintiff visited Defendant's premises and discovered that the ATM had been disconnected. Plaintiff spoke with Defendant, who refused to permit the ATM to be reconnected. Plaintiff thereafter brought the instant suit for breach of contract. Plaintiff now moves for summary judgment. Legal Standard A party seeking summary judgment has the burden of producing evidentiary facts sufficient to entitle him/her to judgment as a matter of law. (...

Excerpt: ...fendant Bat el Avitan signed a personal guaranty relating to Green Sky's payment of rent under the lease. Defendant alleges that Avitan attempted to withdraw her personal guarantee on August 16, 2016, and that in response, on October 26, 2016, Plaintiff wrote to Defendants, informed them that the attempted withdrawal of the personal guaranty constituted a breach of the lease, and demanded that they vacate the premises. Plaintiff was thereafter fo...

Excerpt: ... may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what ne...