Excerpt: ...), Lakewood Sheriff's Department, LBM Pathology Medical Group, Columbia Emergency Medical Group, Inc., and Memorial Care Health System. On April 18, 2018, CHLB filed a Demurrer to and Motion to Strike the Complaint. Meet and Confer Pursuant to CCP § 430.40(a), “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurre...

Excerpt: ...018, Plaintiff served a Request for Admissions on Defendant. (Paniagua Decl. ¶ 2, Exh. 1.) To date, Plaintiff has not received any discovery response from Defendant. (Id. ¶ 4.) Because Defendant has failed to serve any response to Plaintiff's Request for Admissions, the unopposed Motion is GRANTED. Pursuant to CCP § 2033.280, the truth of the matters specified in Plaintiff's Request for Admissions to Defendant is hereby deemedadmitted. Plainti...

Excerpt: ... a Motion to Correct Error in Rejecting Renewal of Judgment (the “Motion”), requesting the that the Court enter the Renewal Judgment nunc pro tunc as June 30, 2015. 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...

Excerpt: ...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. App. 3d 902, 905...

Excerpt: ...rty may bring a motion to compel further responses to interrogatories once it has deemed the responses to be incomplete or evasive, or an objection is made without merit. (CCP § 2030.300(a).) The burden is on the responding party to justify its objections. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) The motion must be accompanied by a Section 2016.040 meet and confer declaration and must be noticed within 45 days of service...

Excerpt: ...ent from “Adrian Van Riis” to “Adrian Van Rijs.” 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 specifically pointed out by this Code or the statute, any suitable process or mode of proc...

Excerpt: ...f contract and (2) common counts. On February 5, 2018, Plaintiff filed a Motion for Summary Judgment or, in the Alternative, for Summary Adjudication (the “Motion”). On May 1, 2018 Defendant filed an opposition. On May 10, 2018, Plaintiff filed a reply. Factual Background Plaintiff alleges that it is a surety company. (Compl. ¶ 1.) On or around January 28, 2008, Plaintiff and Defendant allegedly executed the Agreement, in which Plaintiff pro...

Excerpt: ...n [citation].” (International Ins. Co. v. Superior Court (Rhone- Poulenc Basic Chemicals Co.) (1998) 62 Cal.App.4th 784, 786.) Here, Judge Orozco is unavailable because she was reassigned to Personal Injury Court and relocated to the Spring Street Courthouse. Accordingly, Judge Orozco's ruling may be reconsidered by another judge. II. Background Plaintiff Simaalsadat Masajedian (“Plaintiff”) has filed this action based on her education at L...

Excerpt: ...eged violations of the Unruh Act. The case was transferred to limited jurisdiction on November 3, 2016. On May 12, 2016, Plaintiff served her offer to compromise under CCP § 998 for $3,999 plus costs under CCP § 1032 and attorney's fees allowed by law. Defendant rejected the offer. Defendant made an offer under CCP § 998 for $5,000, including costs and attorney's fees, on May 26, 2016. Plaintiff rejected that offer. Plaintiff filed a motion fo...

Excerpt: ... the instant demurrer to complaint. Plaintiff filed an opposition on May 4, 2018. Defendants filed a reply on May 4, 2018. Discussion The Court finds Defendants have satisfied the meet and confer requirements pursuant to CCP section 430.41. Uncertainty Defendants demur to the complaint on grounds of uncertainty. However, such demurrers are not permitted in a limited jurisdiction court. (See Code Civ. Proc., § 92(c).) First Cause of Action for Vi...

Excerpt: ... Defendant and A1 Kabob on January 12, 2018. Defendant filed the instant motion on April 3, 2018. No opposition has been filed. Legal Standard CCP section 473(b) provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Applicati...

Excerpt: ... Plaintiff allegedly defaulted on his financial obligation. (Id. ¶ 10.) Plaintiff alleges that the manner in which Defendant collected her debts violated state and federal statutes. (Id. ¶¶ 17, 23, 28, 33.) Legal Standard “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petition...

Excerpt: ... (“Defendant”) for breach of contract and fraud. On June 2, 2017, Defendant demurred to the initial complaint. On October 24, 2017, the Court sustained the demurrer with 10 days leave to amend and set an OSC regarding reclassification. On November 16, 2017, Plaintiff filed an amended pleading. On December 14, 2017, the Court reclassified the instant case as a limited jurisdiction matter and ordered the case transferred. On December 29, 2017, ...

Excerpt: ...re cannot maintain an action in a California state court. On April 25, 2018, Defendant filed a supplemental request for judicial notice. On May 1, 2018, Plaintiff filed its opposition. Standard “The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds… [t]he person who filed the pleading does not have the le...

Excerpt: ..., 2017, Plaintiffs filed their complaint for personal injuries arising from the accident against Defendant. On October 16, 2017, Defendant filed a Cross-Complaint for indemnity and contribution for the accident. On January 29, 2018, Defendant served deposition notices for Plaintiffs Don Tran and Jimmy Tran, both scheduled for March 23, 2018. Plaintiffs objected to Plaintiff Don Tran's deposition on the basis that it exceeded the permissible disco...

Excerpt: ...to determine the merits of plaintiff's claim. Walker v. Superior Court (1991) 53 Cal.3d 257, 269- 270. Instead, the Court's sole inquiry is whether the verdict will necessarily fall below the $25,000 amount. Id. Under the Walker standard a matter may be reclassified as a limited civil action “when (i) the absence of jurisdiction is apparent before trial from the complaint, petition, or related documents, or (ii) during the course of pretria...

Excerpt: ...tiff filed a Motion to Declare Plaintiff Dave Bischof as a Vexatious Litigant (the “Motion”). Service and Notice CCP § 1005(b) provides in pertinent part: “[u]nless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing,” which may be served by mail. CCP § 1013(a) provides in pertinent part: “[i]n case of service by mail, the notice or oth...

Excerpt: ...d Dismiss, or in the Alternative, Stay Action (the “Motion”). On May 3, 2018, Plaintiff filed an opposition. On May 7, 2018, Defendant filed a reply. Background Plaintiff alleges that Defendant is in the business of collecting debts. (Compl. ¶ 9.) Plaintiff allegedly created an account with Defendant and incurred a financial obligation to Defendant, and Plaintiff allegedly defaulted on his financial obligation. (Id. ¶ 10.) Plaintiff alleges...

Excerpt: ...an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document or tangible thing for inspection and copying.” (CCP § 2025.280.) “If, after service of a deposition notice, a party to the action … without having served a valid objection … fails to appear for examination … the party giving the notice may move for an order compelling the deponent's attendance and testimony …. The...

Excerpt: ...ries. In addition, CCP § 2030.290(c) provides for mandatory sanctions against the unsuccessful party unless the court finds they have acted with substantial justification. Discussion Plaintiff Victoria Akinfe has not provided verified responses to the form interrogatories propounded by Defendant. There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. Further, the motion can be brought...

Excerpt: .... No dispositive ruling is issued at this time on Defendant Martin Jimenez's Motion to Compel Depositions of Plaintiffs. A motion must be brought separately against each party and discovery method at issue. The instant Motion to Compel Plaintiffs Depositions should have been filed as two separate motions for each of the Plaintiffs: (a) a motion to compel Ms. Dwyer's deposition and (b) a motion to compel Ms. Dwyer's deposition. Because this is an ...

Excerpt: ...efendant served Form Interrogatories on Plaintiff. (Koury Decl. ¶ 2, Exh. A.) To date, Plaintiff has not responded to Defendant's discovery request. (Id. ¶ 6.) Because Plaintiff has failed to serve its discovery response to Defendant, the unopposed Motion is GRANTED. Pursuant to CCP § 2030.290, Plaintiff is ordered to serve a verified response, without objections, to Defendant's Form Interrogatories within twenty (20) days of the date of servi...

Excerpt: ... California, Inc. for Doe 2. On January 10, 2017, dismissal was entered as to LACMTA. Plaintiff filed the instant motion on February 5, 2018. Defendants filed an opposition on March 19, 2018. Plaintiff filed a reply on March 26, 2018. On April 2, 2018, the Court continued the hearing on the instant motion to May 14, 2017 to allow Plaintiff to file a supplemental declaration attesting to why Plaintiff did not seek reclassification earlier by April...

Excerpt: ...8, long after the trial <0056000300570052000300 00520052004900030052[f service indicating the motion was served on Plaintiff. Trial went forward without Defendant's participation on October 2, 2017, and judgment was thereafter entered in Plaintiff's favor. On January 5, 2018, the Court heard Defendant's ex parte application to vacate judgment. The Court denied the ex parte application and instructed her that she would need to file a noticed motio...

Excerpt: ...t appear for trial. On April 3, 2018, the Court conducted a trial and awarded judgment in favor of Plaintiff for the sum of $4,000.00 plus interest and costs against Defendants. On April 4, 2018, Plaintiff filed the instant motion to fix attorney's fees as costs. Standard In an action to enforce a contract authorizing an award of fees and costs to one party, the party “prevailing on the contract” is entitled to reasonable fees. (See Civ. Code...