Excerpt: ...s contractual limitations period is in line with the California Standard Form Fire Insurance Policy mandated by Insurance Code §2071, which provides as follows: “No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all requirements of this policy shall have complied with, and unless commenced within 12 months next after inception of the loss.” The limitations is tolled while...

Excerpt: ...on to hear the exemplary damages phase of the trial are improperly raised on these discovery motions. Any objections to these issues must be raised on appeal or on a motion for new trial. These arguments have been raised before the Court multiple times, including the right to a jury trial on the issue of exemplary damages under CC §3426.3. The Court has already addressed and overruled these objections numerous times and will not address them aga...

Excerpt: ... Strike is GRANTED as to punitive damages and paragraph 17, line 4. Causes of action based on fraud are generally disfavored in the medical malpractice context. (Tell v. Taylor (1961) 191 Cal.App.2d 266, 270.) Generally, even when false representations on the part of the physician are alleged, such actions lie in negligence, rather than fraud. (Id.) There are, however, limited exceptions to this rule, in instances where physicians fail to disclos...

Excerpt: ...ore the motion was filed. Defendant Poer argues the complaint was filed in bad faith and without reasonable basis. Poer argues Plaintiff is an abuser of women and has had two domestic violence restraining orders against him from previous girlfriends. Plaintiff was also arrested for felony domestic assault in July 2017. Plaintiff argues this complaint is merely a continuation of Plaintiff's modus operandi of harassing and stalking ex-girlfriends t...

Excerpt: ...d, if payment may be made personally, the usual days and hours that person will be available to receive the payment…, or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may b...

Excerpt: ... RFPs on 5/14/18. The responses are substantive and are either statements of compliance or statements that diligent search was conducted but no responsive documents were found. There are also statements that documents are being withheld on grounds of privilege. Defendant claims the necessity of a protective order, however no request for such an order appears to have been requested of either the Plaintiff or the court. The responses do not moot th...

Excerpt: ...nt essentially asks for a levy order but without any underlying judgment or right to repossession. 2. Plaintiff also fails to account for the $26,000 Defendant already paid on the 20 sq ft container. Defendant has an equity interest in the 20 sq ft container. The repossession of the 20 sq ft container home, without any reimbursement of the $26,000 Defendant already paid, would unjustly enrich Plaintiff. 3. Plaintiff submits evidence in support of...

Excerpt: ...rrent 1983 recorded roadway easement on the upper north portion of the Hoffman Property where it conforms to the centerline of the east/west guesthouse driveway connecting to the centerline of the 90-degree transition radius between the northern section and the north/south driveway through the center of the 90-plus degree knuckle radius onto the centerline of the existing paved north/south driveway between said radius and Pacific Coast Highway. E...

Excerpt: ... the statements all assert Plaintiff was violent or abusive, although based on different specific instances, and Sherry Martinez “witnessed” the statements of both women. Based on the complaint, the two women are unrelated, their statements about Plaintiff were made at different times and their statements are not identical. These facts do not establish overlapping questions of fact or law that would justify consolidating the matters. <0048005...

Excerpt: ... deposition subpoena noticing the deposition for 3/12/18. See Decl. of M. Le- Clair-Gibson, ¶6. There was no consultation with Defense counsel prior to setting the 3/12/18 date. Thereafter, Defense counsel's office asked to reschedule the deposition for 3/20/18 and Plaintiff's counsel accepted that date. Id. at ¶7. <0046005700480047000300 004900b6005600030046[ounsel to reschedule after discovery that defense counsel had a conflict. Defense coun...

Excerpt: ...en working under the supervision and direction of Plaintiff's counsel. Plaintiffs ask that the Court quash the deposition subpoena, as well as issue a protective order preventing the Defendants from attempting to subpoena her again. Plaintiffs' notice of motion also goes further and asks that the Court impose a protective order prohibiting any contact with Massok. In reply, Defendants explain that they subpoenaed Massok after she appeared at the ...

Excerpt: ...985) 169 Cal.App.3d 703, 710. Plaintiff must establish by a preponderance of competent evidence that all jurisdictional requirements exist. See Ziller Electronics Lab GmbH v. Sup. Ct. (1988) 206 Cal.App.3d 1222, 1232. “The plaintiff has the right to conduct discovery with regard to the issue of jurisdiction to develop the facts necessary to sustain this burden.” See Mihlon v. Superior Court (1985) 169 <00500044005c0003004500 0003004c004900030...

Excerpt: ...anda did not file an answer and on 4/5/18 default was entered against her. This application for writ of attachment was served on 3/6/18 by personal service. No opposition was received. “An attachment may be issued only if the claim sued upon meets the following requirements: (1) a “claim or claims for money … based upon a contract, express or implied”; (2) of a “fixed or readily ascertainable amount not less than $500”; (3) that is ei...

Excerpt: ...CP § 2025.280(a). An oral deposition shall be scheduled for a date at least 10 days after service of the deposition notice. CCP §2025.270(a). In an unlawful detainer action, an oral deposition shall be scheduled for a date at least five days after service of the deposition notice, but not later than five <001a0013000b0045000c00 11> “Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210...

Excerpt: ...fy on matters far outside of his scope of designated expertise; (2) the Court's granting of Defendant Hughes's motion in limine no. 7, which excluded probative video evidence showing that Hughes used a 24-inch cannula rather than the 12 to 14 inch cannula he testified to using; and (3) the jury foreperson conducted a home experiment to determine whether the cannula that Hughes testified he used could reach the right internal iliac artery and caus...

Excerpt: ...greement whereby JFA settled certain “City released claims” for $450,000 and JFA would never be personally liable for any judgment issued against it on the remaining “nonreleased claims,” which cover the work performed by Walker on the parking garage. City agreed that it would only seek to collect any judgment against JFA on the non-released claims from Walker. The Settlement Agreement expressly states that the City's “exclusive recover...

Excerpt: ...ns, it may order all the actions consolidated, and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” CCP §1048(a). Code of Civil Procedure §1048 grants discretion to the trial courts to consolidate actions involving common questions of law or fact. Subsection (a) gives the Court discretion to order consolidation of cases when common questions of law or fact are pending. Subsection (b) all...

Excerpt: ...o has not timely filed written opposition to a motion or demurrer may not be afforded an opportunity to offer oral argument at the hearing. The failure to file opposition creates an inference that the motion or demurrer is meritorious. In such cases, the court may hear argument limited to a request for a continuance of the hearing in order to afford an opportunity for written opposition.” (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 14...

Excerpt: ...tion for judgment on the pleadings.” Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999. Parties dispute whether there was any meet and confer on the MJP pursuant to CCP §439. Defendant submits a declaration indicating that the parties met and conferred on a “demurrer.” Plaintiffs argue that no meet and confer was ever held as to the MJP. The Court finds the meet and confer requirement satisfied. 1 st and 2 nd c/a for intention...

Excerpt: ...ummary judgment. “It is generally understood, for instance, that a party cannot rely on the allegations of his own pleadings, even if verified to make or supplement the evidentiary showing required in the summary judgment context.” College Hospital Inc. v. Superior Court (1994) 8 Cal.4 th 704, 720. Defendant's answer refutes all of Plaintiff's key allegations of wrongful occupation of the property. Defendant disputes Plaintiff's allegation th...

Excerpt: ... settlement check on 9/1/17 and Plaintiff was obligated to dismiss the action within 5 days but failed to do so pursuant to the settlement agreement. Defendants seek enforcement of the settlement pursuant to CCP §664.6. Defendants also seek attorney's fees pursuant to the attorney's fees provision in the settlement agreement. Defendants seek $2,662 in fees based on 4.7 hours motion prep, .5 hours oppo review, 2 hours reply prep and 2 hours for h...

Excerpt: ...mplaint was filed on 1/28/15. The complaint and summons were not served on Defendant until 1/30/18. In response, Plaintiff admits that the complaint and summons were not served within three years of filing of the complaint. Plaintiff concedes that service within the three year period would have required service by 1/29/18. The complaint and summons were served on 1/30/18, one day after the three-year deadline expired. Plaintiff argues that Defend...

Excerpt: ...el and quash Defendants' deposition subpoena on AT&T. Defendants seek decedent's cell phone records for the five years preceding his death. Defendants argue that these records are relevant to determine whether there were any additional percipient witnesses to decedent's death or his activities leading up to his death. Defendants also contend the records will lead to evidence of decedent's activities prior to his death, including the extent of any...

Excerpt: ...unds that Plaintiff has not adequately pleaded alter ego liability. (Demurrer at pgs. 4:22-7:28.) Defendant is correct that Plaintiff's alter ego allegations are conclusory, and that Plaintiff has not alleged fraud or injustice. (FAC at ¶9.) It is clear from the rest of the Complaint, however, that Plaintiff's claims against Donel are not actually based on an alter ego theory. Plaintiff states that Defendant is liable as a direct party to the pu...

Excerpt: ...re is also no requirement that supporting documentation, such as receipts, be submitted with the memo of costs. See Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1267. The only identifiable requirement for a memo of costs is that it set forth the costs claimed and be verified. See CRC 3.1700(a)(1). 1. Item 4—deposition costs in the amount of $1,226—DENY Defendant City challenges the $1226 in deposition costs incurred in connection with the d...