Excerpt: ... action on the ground that it fails to state facts sufficient to constitute a cause of action. Plaintiff Rosa Kingsbury alleges that on April 24, 2020, Plaintiff was on the premises of Defendants' grocery store. While shopping, a pallet holding the food gave way, causing physical injuries to Plaintiff, including a fractured hand. (FAC ¶ 11.) Plaintiff alleges that the store employees intentionally refused to assist her, refused to investigate th...

Excerpt: ...LBERTA TIERRA LUNA MANAGEMENT, LLC; PCCP IRG DOWNEY, LLC; and IRG DOWNEY, LLC's Joint Application to Continue Trial and all Related Pre-Trial Deadlines is GRANTED. Moving Parties to give Notice. Plaintiff ALFREDO PEREZ's Joinder to All Oppositions for an Order Continuing the Trial Date filed by Plaintiff Simeta is GRANTED. Cross-Defendant COLONIAL ELECTRIC, INC's Joinder to Cross-Defendant Crew Inc.'s Motion to Continue Trial and Supplemental Bri...

Excerpt: ... real property commonly known as 22201 Horst Avenue, Hawaiian Gardens, California 90716 (‘Plaintiff's Property'). [¶] Defendant is the owner of that certain real property commonly known as 22128 Horst Avenue, Hawaiian Gardens, California 90716 (‘Defendant's Property'). Defendant's Property is located directly behind Plaintiff's Property.” (Complaint ¶¶5-6.) “Plaintiff is in the process of obtaining permits to build an Accessory Dwellin...

Excerpt: ... Plaintiffs' untimely Oppositions filed on August 1, 2022. Although the Oppositions were due by no later July 21, 2022, the Court waives the procedural defect in the interests of judicial efficiency. (CCP §1005(b).) However, the Court is amenable to a brief continuance in the event that the Moving Parties wish to file a Reply brief in response to Plaintiffs' arguments in Opposition. Motion to Reclassify: Defendants NK PROPERTIES, INC.; MIKE PATE...

Excerpt: ... pursuant to CCP § 387, and for leave to file the proposed motion to set aside default. [The court notes that Mesa did not file a motion to set aside IBS's default. Instead, Mesa attached the proposed motion to set aside as Exhibit A to its motion to intervene. That motion is not before the court.] Procedural Background This is a wrongful death action commenced on August 12, 2016 by Decedent Ji Oh's survivors against Teachers Insurance and Annui...

Excerpt: ... Court DENIES Plaintiff's request to compel Defendant's further responses to Plaintiff's Special Interrogatories (set one), Nos. 3, 4, 5, and 6. Defendant Makita U.S.A., Inc. is ordered to serve code-compliant responses to Special Interrogatories Nos. 1 and 2, without objection, within thirty (30) days of this ruling. Moving Party to give Notice. Background Plaintiff Benjamin C. Watson (“Plaintiff”) filed this action against Defendants Makita...

Excerpt: ...CCP § 437c. OBJECTIONS Defendant's Objections 1-24 to Preston Declaration are overruled. PLEADINGS The Complaint alleges that Plaintiff Sara Taylor fell out of the window of her second story bedroom while residing at an apartment building owned by Defendant Teen Challenge of Southern California, Inc. The Complaint assets a single cause of action for Negligence – Premises Liability. STANDARD A defendant moving for summary judgment/adjudication ...

Excerpt: ...fendant Jung to give NOTICE. Defendants JJB, Inc. and Jung demur to the 1 st – 2 nd causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. This action sounding in defamation was filed by Plaintiff Jae Dong Tak (pro per) on April 21, 2021. The operative Second Amended Complaint (“SAC”) alleges that on April 3, 2021, Tak was in the course of playing golf with crucial busines...

Excerpt: ...Judgment as to Cross-Complainant KOVATCH MOBILE EQUIPMENT CORP.'s Cross-Complaint is DENIED. The Alternative Motion for Summary Adjudication as to Cross-Complainant KOVATCH MOBILE EQUIPMENT CORP.'s Cross- Complaint is DENIED. Opposing Party(s) to give Notice. This product liability action was filed by Plaintiff ELBERT MILLENDER (“Plaintiff”) on July 31, 2020. Plaintiff alleges the following relevant facts: “On February 28, 2019, while Plain...

Excerpt: ...ersonal injury action was filed by Plaintiff SADIE KRAFT (“Plaintiff”) on August 12, 2019. Plaintiff alleges that “[o]n or about August 12, 2017, Plaintiff… checked in at the hotel…. [¶] On or about August 16, 2017, [Plaintiff] discovered multiple bite marks on her body, but was unsure of the cause.” (FAC ¶¶16-17.) “On or about August 20, 2017, [Plaintiff] sought medical care… where she was diagnosed with bedbug bites….” (F...

Excerpt: ...sel's motion to withdraw as counsel of was granted on April 27, 2022, and Plaintiffs have been self-represented since April 27, 2022. This action for wrongful foreclosure was filed on December 3, 2021. On December 22, 2021, the Court issued Plaintiffs' request for preliminary injunction against Defendant, enjoining them from conduct in connection with the property located at 10618 Lesterford Avenue, Downey, CA 90241. In the instant Motion, Defend...

Excerpt: ...g to respond or to submit to an authorized method of discovery” and “(g) Disobeying a court order to provide discovery.” CCP §2023.030 provides, in part: “To the extent authorized by this chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, may impose the [sanctions] against anyone engaging in conduct that is a misuse of the discovery process, including mon...

Excerpt: ...s to Issue 11. As no triable issues remain regarding claims against individual Defendant Shea, summary judgment is GRANTED. IV. Defendant Our Best Life, Inc.'s motion for summary adjudication is DENIED as to as to Issues 1‐9, 11, 13, 17‐19, and GRANTED as to Issues 10, 12, and 14‐16. As triable issues remain, motion for summary judgment is DENIED. V. Defendant Huntington Park Dental's motion for summary adjudication is DENIED as to as to Is...

Excerpt: ...od Group, Inc. move to strike punitive damages pursuant to CCP §§ 435-436 from Plaintiffs Ibarra, et al.'s Second Amended Complaint. On January 6, 2021, Plaintiffs Ana Jimenez, Brenda Jimenez, and Edgar Jimenez (collectively Jimenez Plaintiffs) filed the lead action, Case No. 21STCV00562. The Jimenez Plaintiffs allege that Decedent Ma Esther Leticia Osyguss suffocated and died on December 1, 2020 due to a liquid nitrogen leak. The operative Jim...

Excerpt: ...riday, June 10, 2022 at 9:30 a.m. in Dept. SE-F. III. OSC re: Answer/Responsive Pleading to the First Amended Complaint is CONTINUED to Friday, June 10, 2022 at 9:30 a.m. in Dept. SE-F. Plaintiff to give Notice. On March 15, 2022, the Court of Appeal affirmed this Court's Order denying Defendants' Motion to Compel Arbitration. However, to date, no Remittitur has been issued. “[A]n appeal from the denial of a motion to compel arbitration automat...

Excerpt: ...phocytic Leukemia and is expected to pass away within the next six months of less. In Opposition, Defendant argues: (1) that this Court has no authority to consider the question of whether Plaintiffs are entitled to trial preference because there is an arbitration agreement between the parties; and (2) Plaintiffs have failed to meet their burden to demonstrate good cause for a trial preference. “In its discretion, the court may… grant a motio...

Excerpt: ...D as untimely. III. Cross-Defendants Sosa Jr. and The Sosa Corporation's motion to strike is DENIED as untimely. Cross-Defendants Sosa Jr. and The Sosa Corporation are ORDERED to file and serve their Answers within 10 days. Cross-Complainant Hernandez to give NOTICE. Procedural History This case involves multiple parties, actions, and cross-actions, some of which have been dismissed and/or settled. On 9/16/20 and 2/9/21, counsels represented to t...

Excerpt: ...ases filed primarily by the same Plaintiff's firm. This court's docket has been filled with the same discovery motions, seeking the same category of documents, and involving many of the same issues. To assist the parties in these cases, this court has been issuing discovery orders at the case management conferences and in response to discovery motions filed in cases of this type. The court's previous 9/1/20 order was issued prior to this court's ...

Excerpt: ...ey fail to state facts sufficient to constitute causes of action and are uncertain. The Complaint alleges that the premises that Plaintiffs leased from Defendant had mold infestation and asbestos, causing injuries. The Complaint asserts causes of action for: 1. Breach of Contract 2. Breach of Implied Warranty of Habitability 3. Breach of Implied Warranty of Quiet Enjoyment 4. Negligence 5. Constructive Eviction 6. Nuisance 7. Breach of the Covena...

Excerpt: ...ey fail to state facts sufficient to constitute causes of action and are uncertain. The Complaint alleges that the premises that Plaintiffs leased from Defendant had mold infestation and asbestos, causing injuries. The Complaint asserts causes of action for: 1. Breach of Contract 2. Breach of Implied Warranty of Habitability 3. Breach of Implied Warranty of Quiet Enjoyment 4. Negligence 5. Constructive Eviction 6. Nuisance 7. Breach of the Covena...

Excerpt: ...ict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: 1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented fr...

Excerpt: ...ment as to Plaintiffs MILAGERDY and DAVIS's Complaint is GRANTED. Defendant ABE SIANI's Alternative Motion for Summary Adjudication of MILAGERDY and DAVIS's first through fourth causes of action are MOOT. III. Defendant ABE SIANI's Motion for Summary Judgment as to Plaintiffs ADELI and SAPIEN's Complaint is GRANTED. Defendant ABE SIANI's Alternative Motion for Summary Adjudication of ADELI and SAPIEN's fifth cause of action is MOOT. Court Clerk t...

Excerpt: ...intiff's First Amended Complaint is DENIED in part and GRANTED with 30 days leave to amend in part. III. Defendants AB SAFE HAVEN PALLIATIVE & HOSPICE CARE, INC. and ZG INTERNATIONAL HEALTHCARE DIVISION's demurrer to Plaintiff's First Amended Complaint is OVERRULED. C.C.P. § 430.10(e). IV. Defendants AB SAFE HAVEN PALLIATIVE & HOSPICE CARE, INC. and ZG INTERNATIONAL HEALTHCARE DIVISION's motion to strike portions of Plaintiff's First Amended Com...

Excerpt: ...aud was filed by Plaintiff ANGELO WANG on August 31, 2017. Plaintiff alleges “WANG hired AMGREEN SOLAR & ELECTRIC…to perform home improvement work and repairs of certain real property located at 21438 Wardham Avenue, Lakewood, CA, 90715 in the City of Lakewood, County of Los Angeles, State of California (referred to herein as ‘PROJECT').” (5AC ¶2.) “WANG is informed, believes, and thereon alleges, that from the start date of the PROJEC...

Excerpt: ...ses of action. Moving Party to give NOTICE. Background Plaintiff STEARNS, CONRAD AND SCHMIDT dba SCS ENGINEERS (“SCS”) and Defendant Rockview Dairies, Inc. (“Rockview”) entered into a written consulting agreement for professional services, including environmental consulting and compliance assistance, concerning properly located at 205 E. Carson Street in Carson, California. SCS provided a variety of ongoing site investigation services and...

Excerpt: ...party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay. This section also applies to judicial arbitration proceedings under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3. (CCP § 128.5(a).) For purposes of this section: (1) “Actions or tactics” include, but are not limited to, the making or opposing of motions or the filing and service of a complaint, c...

Excerpt: ...s are overruled. Alpha's evidentiary objections to Waghalter's declaration is sustained as to objections 2-3 and overruled as to objections 1 and 4. Objections to Solomon's declaration are overruled. Pleadings The First Amended Complaint (“FAC”) alleges that on 3/8/17, while Plaintiff was having cervical spine surgery, the compression device caused injury to Plaintiff's body and nervous system. The FAC asserts a single cause of action for Neg...

Excerpt: ...ndation Health Plan, Inc. (“Kaiser”) moves to strike punitive damages and attorney's fees pursuant to CCP 431.10(b) and CC 3294. The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper, strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a cour...

Excerpt: ...tory Plaintiff Bridget Hughes (“Plaintiff”) was employed by Defendant Southern California Permanente Medical Group (“Defendant”) from on or about February 1, 2010 to July 20, 2015. On or before July 20, 2015, Defendant alleged that Plaintiff falsified the educational history on her employment application. Defendant placed Plaintiff on paid suspension while Defendant conducted an investigation as to whether Plaintiff violated Defendant's c...

Excerpt: ... and The SOSA CORPORATION's (collectively “Sosa”) Subject Cross-Complaint was filed against RICHARD HERNANDEZ on September 25, 2019. The Cross-Complaint asserts the following causes of action: (1) Conversion; (2) Constructive Trust; (3) Accounting; (4) Breach of Fiduciary Duty; and (5) Resulting Trust. Demurrer: CCP §428.50 states: “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complai...

Excerpt: ...2018. Co-Defendants/Cross-Complainants PETER HARTWICK, ANDREA HARTWICK, and HARTWICK COMBUSTION TECHNOLOGIES, INC. (collectively “Hartwicks”) filed the Subject First Amended Cross-Complaint (“FAXC”) on June 19, 2019. The FAXC alleges that the City took various actions that directly affected the Hartwicks rights to the Subject Property. In this action, the Hartwicks seek to sue the City for purported violations of their Due Process and Equ...

Excerpt: ...to the 2 nd – 5 th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. 2nd – 3 RD CAUSES OF ACTION STRICT PRODUCTS LIABILITY and BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY: A manufacturer, distributor, or retailer is liable in tort if a defect in the manufacture or design of its product causes injury while the product is being used in a reasonably foreseeable way." (Soule v. GM Corp. (19...

Excerpt: ... facts sufficient to constitute a cause of action and are uncertain. UNCERTAINTY Demurrer on grounds of uncertainty will not be sustained unless the complaint is so bad that the defendant cannot reasonably respond. (Koury v. Maly's of California (1993) 14 Cal.App.4th 612, 616.) The court finds the complaint is not so uncertain that Defendant cannot reasonable respond. Demurrer on ground of uncertainty is OVERRULED. 2nd CAUSE OF ACTION BREACH OF I...

Excerpt: ...demur to the 3 rd – 4 th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. 3rd – 4 th CAUSES OF ACTION FAILURE TO PAY MINIMUM WAGE and FAILURE TO FURNISH ACCURATE ITEMIZED WAGE STATEMENTS: Industrial Welfare Commission (“IWC”) Order No. 4-2001, section 9(b) provides, “When tools or equipment are required by the employer or are necessary to the performance of a job, such tools and eq...

Excerpt: ...ike, the Moving Party must engage in a specified meet and confer process with the party who filed the pleading at issue for the purpose of determining whether an agreement can be reached as to the filing of an amended pleading that would resolve the objections to be raised in the motion to strike. A declaration setting forth such meet and confer efforts must accompany the motion to strike. (CCP § 435.5(a)(3).) The Court finds that the Moving Def...

Excerpt: ...) The Court may make this determination pursuant to a motion for protective order by a party or other affected person. (Id.) The court shall restrict the frequency or extent of use of the discovery methods listed in CCP §2019.010 if it determines either of the following: (1) The discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive; (2) The ...

Excerpt: ...ertinent part, “In August 2009, Antonia Rivas was 65 years of age (D.O.B. 8/8/1944) and residing at her Property in Los Angeles County, California. In August 2009, Defendants conspired to take their mother's rental income and eventually, her Property by having Jose G. Gonzalez falsely tell Antonia Rivas that he would collect the rental income on her behalf and save the money for her in a bank account, and give the money and interest to the moth...

Excerpt: ...ions Plaintiff's evidentiary objections are overruled. Plaintiff improperly lodged objections within the separate statement, and failed to comply with the mandatory provisions of CRC 3.1354. BNSF's evidentiary Objections1-11 are also overruled. Complaint Plaintiff Juarez alleges that he was employed by BNSF as a machine operator on 10/27/13. While moving his machine at a low rate of speed to get equipment off the tracks, Juarez collided with a st...

Excerpt: ...DENIED. Plaintiffs to give NOTICE. Defendant Collaro Property Management, Inc.'s moves to quash the subpoena served on Colony Specialty Ins. Co. and individual Defendant Collaro moves to quash the subpoena served on State Farm Insurance pursuant to CCP 1987.1. The operative Third Amended Complaint alleges that Defendant Navarro entered the common area of Plaintiffs' residence with his vehicle and ran over Plaintiffs while intoxicated. Plaintiffs ...

Excerpt: ...UA; NICHOLAS RODRIGUEZ; and ASHLEY ANDERSON (collectively “Plaintiffs”) on March 15, 2019. Plaintiffs allege, in pertinent part, “Sometime in or around October 2016, Plaintiffs formed a collective pursuant to Health & Safety Code. [¶] Plaintiffs together formed the collective because they each had a Physician's recommendation to cultivate and possess Marijuana. Specifically, together they had Physician's recommendation to cultivate and pos...

Excerpt: ...nt to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and ...

Excerpt: ...int This case arises from an incident that occurred on or about 12/17/16, inside Penn Park in Whittier, California. Plaintiffs allege that City failed to maintain a large Blue Gum Eucalyptus tree. At the time of the incident, Plaintiffs were part of a wedding party, and had gathered in Penn Park to take photographs. As Plaintiffs posed for pictures near the base of the tree, it suddenly uprooted, and fell on Plaintiffs, killing Margarita Mojarro....

Excerpt: ...fendants KAISER FOUNDATION HEALTH PLAN, INC.; KAISER FOUNDATION HOSPITALS; SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP; FRANCISCO OROZCO, P.A.; FRANCESCA MARIAN VERRATI DI PAOLO, D.D.S.; JENNIFER HSU; and JULIAN JEROME WILSON, D.D.S. until conclusion of the arbitration. Moving Party to give notice. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that ...

Excerpt: ...quash deposition subpoena of Citizens Business Bank per CCP 1987.1. If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an oppor...

Excerpt: ...that Decedent Ardelia Walker suffered from pressure sores and sepsis, which resulted in her death at 92 years of age. Decedent was admitted to Lakewood Gardens on 4/19/16 to 5/18/16. At Lakewood Gardens documented that Decedent had a “little sore” on her left buttock and a “skin tear” on her left hip. On 5/18/16, she was then transferred to Kaiser Permanents for treatment, and despite the records at Lakewood Gardens, Kaiser documented thr...

Excerpt: ...identiary objections are OVERRULED. PLEADINGS This action is brought by Plaintiffs Leonel Carrasco Torres and Maria Del Carmen Reyes Sanchez against Defendants Harry J. Olen, Lorraine Olen, Alston Construction, Ampco Contracting, Inc., and Fedex Ground for premises liability. Torres, a construction worker, was standing on a roof when it collapsed, causing him to fall from the second floor to the first floor. The Complaint, filed on 8/2/17, assert...

Excerpt: ... courts of other jurisdictions. California courts have broad discretion to stay their own proceedings in favor of a previously-filed action involving the same subject matter. (See Caiafa Prof. Law Corp., 15 Cal.App.4th at 804; Century Indemnity Co. v. Bank of America, 58 Cal.App.4th at 411.) In exercising its discretion, the Court should consider: (1) the importance of avoiding unseemly conflicts with the courts of other jurisdictions; (2) whethe...

Excerpt: ...TICE. Defendant PIH Health Hospital-Whittier demurs to the 1 st – 3 rd causes of action on the ground that they fail to state facts sufficient to constitute a cause of action and are time-barred. The Complaint was originally filed on 12/20/18, and subsequently amended. The FAC alleges that Plaintiff was admitted to the Hospital on 11/15/17 as a patient. During her stay, Plaintiff sustained injuries like falling off the commode. She was discharg...

Excerpt: ... causes of action on the ground that it fails to state facts sufficient to constitute a cause of action. [Plaintiff has since withdrawn the 12 th and 20 th causes of action. Therefore, the court will only address the remaining causes of action.] The Second Amended Complaint (“SAC”) alleges that Plaintiff's daughter (Sandra Santoyo) and her son-in-law (Robert Santoyo) tricked Plaintiff into transferring title to her property to them through fr...

Excerpt: ...emurs to the 1 st, 6 th, and 7th causes of action on the grounds that they fail to state facts sufficient to constitute causes of action and are uncertain. This action for quiet title was filed by Plaintiff Marco Lopez on July 24, 2017. After a series of demurrers and amendments, the operative complaint is the Second Amended Complaint. It alleges: The relevant facts allege that Defendants claim an interest in the Property adverse to Plaintiff's i...

Excerpt: ...c. Defendant's objection to Statement of Answers is sustained. A defendant moving for summary judgment/adjudication has met its burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP § 437c(p)(2).) On 10/10/18, Plaintiff filed a complaint, alleging a single cause of action for False Imprisonment. The Complaint alleges that on 11/17/17, Plainti...

Excerpt: ...efendant Magnum Property Investments, LLC demurs to the 3 rd, 6 th and Injunctive Relief causes of action on the grounds that they fail to state facts sufficient to constitute causes of action and are uncertain. 3RD CAUSE OF ACTION QUIET TITLE: “[B]ecause the property has already been sold, quiet title is no longer an appropriate action to seek to undo the foreclosure. Plaintiff's claim to title has already been extinguished. Because the pr...

Excerpt: ...estments, LLC fails to state in its notice whether it is generally or specially demurring, and what causes of action are at issue. (CCP §§ 430.50 and 430.60.) However, because the body of the demurrer only addresses the 1 st – 6 th causes of action, this court will treat the demurrer as a general demurrer to only those causes of action. JUDICIAL NOTICE is taken of the Lease, which was attached to the FAC and made a part of the court file. (Ev...

Excerpt: ...hin 30 days. Moving Party to give Notice. Defendant AAA Solar Electric, Inc. (“AAA”) moves for terminating and monetary sanctions in the sum of $18,860.00 against Plaintiff WnG Construction JV, Inc. (“WnG”) and its counsel of record, Cummins & White, LLP pursuant to CCP § 2023.020. If anyone engages in conduct that is a misuse of the discovery process, the court may impose monetary sanction, issue sanction, evidence sanction, terminating...

Excerpt: ...e; and (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. If the court grants the motion, it must set the case for trial within 120 days after the motion is granted. (CCP 36(f).) Plaintiff is 72 years old. Plaintiff declares that he is being treated for Diabetes and High Blood Pressure, and recently underwent an operation for amputation of one of his toes due to Ga...

Excerpt: ...n December 7, 2018, asserts the following causes of action: (1) Violation of Cal. Civ. Code §2923.7; (2) Breach of Contract; (3) Breach of Implied Covenant of Good Faith and Fair Dealing; (4) Negligence; (5) Unfair Business Practice; and (6) Accounting. Defendant demurs to all causes of action based on CCP § 430.10(e). Defendant's request for judicial notice is GRANTED with respect to the existence of the documents, but not as to any hearsay st...

Excerpt: ...sts of partition “include: (a) [r]easonable attorney's fees incurred or paid by a party for the common benefit…” (CCP §874.010(a).) In determining whether to award attorney's fees, whether the services in question are for the common benefit must be decided on the facts and circumstances in each case. Nevertheless, the case authorities hold that attorney's fees may be awarded for litigating contested issues in partition actions if that liti...

Excerpt: ...GLENN DEBELLO admitted is GRANTED. CCP §2033.280. Plaintiff GLENN DEBELLO is ORDERED to pay Defendant and its counsel of record, sanctions in the total amount of $710.00 ($295/hr. x 2 hrs.) + ($120 costs) no later than 30 days from the Court's issuance of this Order. Plaintiff GLENN DEBELLO is ORDERED to provide verified responses and documents to Request for Production of Documents (Set One) without objection no later than 15 days from the Cour...

Excerpt: ...rongful termination lawsuit against Plaintiff WISMETTAC ASIAN FOODS, INC. (“WAF”) alleging violations of the California Labor Code (“2013 action”). (See RJN, Ex. 1.) The subject action was filed by WAF against Defendants KIM and CHOE on January 20, 2016 (“2016 action”). The relevant facts are as follows: WAF is engaged in the wholesale and distribution of Asian food products. WAF brought this action against its former employees (Co- d...

Excerpt: ...art, “On or about 22 August 2015, Plaintiff went to [SOUTHCOAST AUTOMOTIVE LIQUIDATORS, INC.'s] place of business to purchase a vehicle, and ended up purchasing a used 2012 Nissan Altima 4C…. [¶] Prior to purchasing the VEHICLE, Plaintiff specifically asked [SOUTHCOAST AUTOMOTIVE LIQUIDATORS, INC.] if the VEHICLE had been in a prior accident, or asked about the history of the vehicle. [¶] [SOUTHCOAST AUTOMOTIVE LIQUIDATORS, INC.] specifical...

Excerpt: ...proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted….” (emphasis added.) (CCP §473(b).) Here, Moving Party failed to attach a copy of its proposed answer or pleading to the instant application. The terms of CCP §473(b)...

Excerpt: ...15 days leave to amend in part, and GRANTED without leave to amend in part. CCP §436 Moving Party to give Notice. This action for wrongful termination was filed by Plaintiff MIGUEL ANGEL CUEVA on December 8, 2017. The relevant facts are as follows: “Plaintiff began his employment with the Defendant as a driver, on October 20, 2014.” (FAC ¶17.) “During Plaintiff's employment with Defendant, Plaintiff was not provided rest periods for work ...

Excerpt: ... to give Notice. Untimely Opposition Received on July 10, 2018. Due by June 28, 2018 (CCP 1005(b).) This products liability action was filed by Plaintiffs CYNTHIA STRACHAN and SELINA GARCIA on May 16, 2017. The relevant facts are as follows: “In justifiable reliance upon Defendants acts…Plaintiff Cynthia Strachan was induced to purchase, operate, and drive her 2014 Toyota Avalon, on the date of the incident herein, believing, as a result of D...

Excerpt: ...burn-Miller intentionally and for their own profit and benefit, took on the role of acting as a dual agent for both the Seller and Buyer in the transaction which is the subject of this litigation.” (SAC ¶35.) “As an agent for the Buyer Eitan Sharaf, Connell and Cogburn-Miller assumed duties of care and disclosure for the benefit of Buyer Eitan Sharaf. Among other duties, said defendants assumed the duty to disclose to Buyer material issues w...

Excerpt: ...gatories (set one) is OFF-CALENDAR per moving party. III. Defendant/Cross-Defendant GARCIA & GALLARZO, PROPERTY HOLDINGS LLC's motion to compel further responses to Special Interrogatories (set one) is OFF-CALENDAR per moving party. I. Defendant/Cross-Defendant GARCIA & GALLARZO, PROPERTY HOLDINGS LLC's motion to compel further responses to Request for Admissions (set one) is OFF‐CALENDAR per moving party. I. Defendant/Cross-Defendant GARCIA & ...

Excerpt: ...mber 11, 2018 at 1:30 p.m. in Dept. SE-C. Defendants paid only one filing fee in connection with these motions, yet seeks five separate orders. A separate filing fee is required for each. (Gov. Code §70617(a)(4).) No later than August 17, 2018, Defendants are ORDERED to file and serve this motion separately; and make payment of an additional $60.00 to the Court clerk in Dept. SE-C. Opposition and Reply will be due per code CCP §1005(b) in accor...

Excerpt: ... Dept. SE-C. II. Defendants/Cross-Complainants AAA SOLAR ELECTRIC, INC; LOS ANGELES UNIFIED SCHOOL DISTRICT; and PHILADELPHIA INDEMNITY INSURANCE COMPANY's motion to compel production of documents at depositions is CONTINUED to Thursday, August 2, 2018 at 1:30 p.m. in Dept. SE-C. I. Defendants/Cross-Complainants AAA SOLAR ELECTRIC, INC; LOS ANGELES UNIFIED SCHOOL DISTRICT; and PHILADELPHIA INDEMNITY INSURANCE COMPANY's motion to compel further re...

Excerpt: ...Due Process Rights; (2) Intentional Infliction of Emotional Distress; (3) Violation of The American Disability Act – Rehabilitation Act of 1973; (4) Interference with Prospective Economic Advantage; and (5) Retaliation. The relevant facts are as follows: In 2009, The U.S. Department of Justice initiated an investigation of Plaintiff and his medical clinic in response to allegations of billing fraud. (SAC ¶5.) While Plaintiff was being investig...

Excerpt: ...the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (CCP §36(a).) It is well-established that a plaintiff meets the two criteria in CCP §36(a), then the 120-day trial preference is “mandatory and absolute in its application.” (CCP §36(f); Vinokour...

Excerpt: ...nt fails to state any factual or legal grounds to set aside the Order at issue. Here, the Court had jurisdiction to rule on the motion to enforce the settlement agreement. “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 re...

Excerpt: ...arch 27, 2018. Defendant CREDIT UNION OF SOUTHERN CALIFORNIA (“Defendant”) moves for an award of attorneys' fees as the prevailing party on the contract pursuant to CCP §§ 1032 and 1033.5. On October 5, 2017, Defendant's demurrer to Plaintiff's Complaint was SUSTAINED without leave to amend. Consequently, pursuant to CCP §1032(a)(4), Defendant is deemed the prevailing party, and is entitled to attorney's fees pursuant CCP §1033.5(a)(10)(A...

Excerpt: ...ing Party to give Notice. Defendants' Request for Judicial Notice is GRANTED. Evid. Code §§ 452, 453. This action for contractual fraud was filed by Plaintiffs GARI MASI and FERN ELLEN MASSI on September 6, 2017. Plaintiffs' SAC, filed on February 13, 2018, asserts the following causes of action: (1) Fraud; (2) Breach of Contract; (3) Conversion; and (4) Quiet Title. Defendants JOSEPH GAMMARIELLO and TERRY GAMMARIELLO demur to Plaintiffs' entir...

Excerpt: ...to comply with CCP §430.41. If, after complying with CCP §430.41, court intervention is needed, the parties may appear and argue the merits on the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41. The declaration must be filed directly in Department SE‐C no later than ...

Excerpt: ... the date set for trial as certain.” (CRC 3.1332(a).) However, the Court may grant a continuance if there is an affirmative showing of good cause requiring the continuance. (CRC 3.1332(c).) Circumstances that may indicate good cause include: (1) the unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; (2) the unavailability of a party because of death, illness, or other excusable circ...

Excerpt: ...laintiff's motion for terminating sanctions is Defendant's alleged violations of the Court's November 21, 2017 discovery Order. In Opposition, Defendant argues that Plaintiff fails to evidence good cause to support his application for a third trial continuance. Defendant argues that it has served supplemental responses pursuant to the Court's November 21, 2017 Order, despite the fact that Plaintiff failed to enter into a Stipulated Protective Ord...

Excerpt: ...l. The issue then, is whether the Court should “in its discretion upon just terms, allow a trial by jury although there may have been a waiver of trial by jury.” (CCP §631(g).) “Courts have held that, given the public policy favoring trial by jury, the trial court should grant a motion to be relieved of a jury waiver unless, and except, where granting such a motion would work serious hardship to the objecting party. Where doubt exists conc...

Excerpt: ...ction 68632 and who comply with the application procedures set forth in rule 3.51 are entitled to waivers of certain court fees, and may in the discretion of the trial court be granted waivers of other court fees. (Kim v. De Maria (2013) 218 Cal.App.4th Supp. 1, 4.) Plaintiff presents an insufficient basis to show that Defendant's fee waivers were procured by fraud and/or perjury. Moreover, “[f]inancial information provided by [a fee waiver app...