Excerpt: ...8, Plaintiffs filed a Motion to File Complaint, Nunc Pro Tunc, as March 15, 2018 Based on Clerk's Ministerial Error (the “Motion”). Legal Standard CCP § 187 states: “[w]hen jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specificall...

Excerpt: ...laintiff filed the instant motion, requesting that the Court require a bench trial, rather than a jury trial, in this action. Legal Standard The California Constitution states, “Trial by jury is an inviolate right and shall be secured to all.” Moreover, pursuant to CCP § 631: (a) The right to a trial by jury as declared by Section 16 of Article I of the California Constitution shall be preserved to the parties inviolate. In civil cases, a ju...

Excerpt: ...sion On January 31, 2018, Defendant served Supplemental Request for Production of Documents on Plaintiff. (Motion, Dreizler Decl. ¶ 2, Exhs. A.) In opposition, Plaintiff provides evidence that he served a response to Defendant's Supplemental Request for Production of Documents on March 13, 2018 and a verification for the response on March 26, 2018. (Oppo., Tran Decl. ¶¶ 4-5, Exhs. 2-3.) In reply, Defendant argues that the method of service by ...

Excerpt: ...ils to timely serve responses to discovery requests. (Code Civ. Proc., §§ 2030.290; 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) A party that fails to serve a timely response to the discovery request waives any objection to the request, including one based on privilege or the protection of attorney work product. (Code Civ. Proc., §§ 2030.290(a), 2031.300(a); Sinaiko Healthca...

Excerpt: ...nsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC 3.1362(a), (c), (e).) “The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other...

Excerpt: ...ppear and, upon a showing of sufficient evidence by Plaintiff, the Court awarded Plaintiff $4,000 in damages. On April 13, 2018, Plaintiff filed the instant motion for attorney's fees and memorandum of costs. Plaintiff requests $5,850 in attorney's fees and $525 in costs. Legal Standard An award of attorney's fees is mandatory for a party that prevails in an action brought under the Unruh Civil Rights Act. (Civ. Code § 52(a).) The fee setting in...

Excerpt: ...llectively, “Moving Defendants”) and Local 848, International Brotherhood of Steamsters (erroneously sued and named as “Service Employee International Union Local 848”). On March 26, 2018, Moving Defendants filed a Motion to Dismiss (the “Motion”); on May 15, 2018, Moving Defendants filed a reply. Legal Standard CCP § 583.210(a) states: “The summons and complaint shall be served upon a defendant within three years after the action ...

Excerpt: ... to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. (CCP § 2025.450(a).) A motion to compel deposition shall be accompanied b...

Excerpt: ...al sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading un...

Excerpt: ...enrichment. On January 10, 2017, Defendants collectively filed an answer. On November 21, 2017, the Court granted Plaintiff's motions to compel discovery responses, and ordered all Defendants to serve verified responses to Plaintiff's Documents Demands and Special Interrogatories and to pay monetary sanctions to Plaintiff in the amount of $1980. <0003004900520055000300 0047000300280059004c>dentiary Sanctions (“sanctions motions”) against Defe...

Excerpt: ... “Defendants”). On January 25, 2018, Defendants filed a Motion for Summary Judgment. On January 8, 2018, Plaintiff filed a Motion for Leave to Amend Complaint (the “Motion to Amend Complaint”), which has been opposed by Defendants. (1) Motion for Leave to Amend Complaint Legal Standard The Court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading. (CCP § 473(a)(...

Excerpt: ...ing party may move for an order compelling responses and for a monetary sanction. (CCP § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal. Ap...

Excerpt: ...ff naming Solar Energy Technologies (“SET”) as the principal. On August 7, 2017, Plaintiff deposited in $12,500 in funds with the Court. On December 15, 2017, Plaintiff filed a Motion to Release Interpleaded Funds (the “Motion”) because the conflicting claims among Defendants against the Contractor's Bond has been resolved. Legal Standard Under CCP § 386, “[w]hen a person may be subject to conflicting claims for money or property, the ...

Excerpt: ... Set Aside Default and Default Judgment (the “Motion”). The matter first came on for hearing on March 12, 2018, at which time the Court continued the matter due to improper service. The matter came on for hearing again on April 11, 2018, and the Court again continued the matter, and gave Defendant instructions to remedy her improper proof of service. <000300130015000f000300 1500130014001b0011> Service In its April 11, 2018, order, the Court i...

Excerpt: ...instructing Obilana to provide additional information for the Court to decide the Request. Legal Standard CCP § 630.20 states in pertinent part: “(a) Except as provided in subdivisions (b) and (c), an action or special proceeding treated as a limited civil case pursuant to Article 1 (commencing with Section 85) of Chapter 5.1 of Title 1 of Part 1, including an action or special proceeding initially filed as a limited civil case or remanded as ...

Excerpt: ...to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” Per CCP § 1285.4, “A petition under this chapter shall: (a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence...

Excerpt: ...acate Default based on CCP § 473(d). Legal Standard CCP § 473(d) states: “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or 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.” “A trial court has no statutory power under section 473, subdivision (d) to s...

Excerpt: ...d and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered. CCP § 473(b) Permits the Court to “relieve a party of his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or through his or he...

Excerpt: ....97, with Defendant's insurer paying $4,701.12 in a single lump sum payment, and Defendant responsible for payment of $5,403.85 in monthly payments of $50 beginning on January 15, 2011. The court dismissed the action on July 26, 2011, and retained jurisdiction to enforce the settlement agreement pursuant to Code of Civil Procedure section 664.6. Defendant failed to make any payments pursuant to the agreement. Plaintiff filed the instant noticed m...

Excerpt: ...cause of (1) an error in the transmission of the document to the court that was unknown to the sending party or (2) a failure to process the document after it has been received by the court, the sending party may move the court for an order filing the document nunc pro tunc. The motion must be accompanied by the transmission record and a proof of transmission in the following form: “On (date) __________ at (time) __________, I transmitted to th...

Excerpt: ...cause of (1) an error in the transmission of the document to the court that was unknown to the sending party or (2) a failure to process the document after it has been received by the court, the sending party may move the court for an order filing the document nunc pro tunc. The motion must be accompanied by the transmission record and a proof of transmission in the following form: “On (date) __________ at (time) __________, I transmitted to th...

Excerpt: ...quest for monetary sanctions is DENIED. On December 9, 2016, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this action against Defendants Miguel Rivas and Maria Galindas (collectively, “Defendants”). On February 26, 2018, Plaintiff filed Motions to Compel Responses to Form Interrogatories and Requests for Production of Documents; and to Request for Sanctions (collectively, the “Motions”). Discussion On J...

Excerpt: ...o withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC 3.1362(a), (c), (e).) The requisite forms must be served “on the client and on all parties that have appeared in the case.”...

Excerpt: ...filed a Memorandum of Costs. More than a year after judgment was entered, Plaintiff filed a Motion to Amend Judgment (the “Motion”) on April 10, 2018. Legal Standard CCP § 187 states: “[w]hen jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding...

Excerpt: ...t (the “Motion”). On April 11, 2018, Plaintiff filed an opposition. On April 25, 2018, Defendants filed a reply. Factual Background The Complaint alleges that Plaintiff is bringing this action on behalf of its insured Robin Becica (“Becica”) for a multi-vehicle collision. (Compl. ¶ 2.) The multi-vehicle collision occurred on November 7, 2014, which involved drivers Natividad Ramirez (driving her 2003 Nissan X- Terra), Becica (driving her...