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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ... under CCP §§583.320 and 583.340 based on Plaintiffs' failure to prosecute, or the discretionary grounds under CCP §583.410 and 583.420(a)(3) and CRC Rule 3.1342. While the 5-year period under CCP §583.320 was tolled while the matter was on appeal, the tolling ended when the action was remitted to this Court on 7/2/13. The 5-year period therefore ended on 6/12/17. The action is almost 8 years old from the date it was filed, and the action has...

Excerpt: ... failing to provide Defendants with an answer print on schedule and failing to complete the film within the approved budget. The undisputed facts demonstrate that Plaintiff has failed to comply with either obligation. Plaintiff argues Defendants are responsible for any production and post- production delays due to the disputes they caused with the director and star actress, Amber Heard, their perpetual lack of funding, their disorganization and D...

Excerpt: ...rally chose Dr. Clifford Sigal to perform the tests. Plaintiff provided the declaration of Dr. Sigel who stated that the EMG/NCS are objective tests with guidelines that would be followed by another doctor. Further he declared that the tests are objectively painful and were painful to the Plaintiff. Defendant provided the declaration of Dr. Michael Gold who cited two illogical conclusions reached by Dr. Sigel which require the tests to be repeate...

Excerpt: ...roceedings 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) allows the Court to order separate trials in furtherance of convenience or to avoid prejud...

Excerpt: ...on and therefore Plaintiff cannot claim prevailing party status based on the x-complaint. Defendants also argue the costs sought are improper and were not reasonably incurred. Defendants also contend there is no basis for any award of attorney's fees. In response, Plaintiff argues it is clearly the prevailing party on the x-complaint, as defined by CCP §1032 and they are entitled to an award of costs incurred in defending against the x-complaint...

Excerpt: ...claims in this action—DENY; and (3) the existence of a duty to indemnify from and against Plaintiff's claims in this action if JFA is found liable based upon the negligent act, error or omission of Walker or Walker's failure to perform its services in conformance with the generally accepted professional standards--GRANT. Both parties' RJNs are GRANTED. JFA's objections/motions to strike specific facts asserted by Walker DENIED. ANALYSIS: JFA pr...

Excerpt: ...dismissed on grounds of forum non conveniens. Defendant Hilton argues this is a personal injury action where all relevant events occurred in Washington. Any and all witnesses to the event will be in Washington and Washington has a greater interest in this action than California for this reason. Plaintiff also has a pending Arizona action against Hilton and there is therefore an alternative suitable forum. In response, Plaintiff raises numerous fa...

Excerpt: ...be adjusted by the court based on factors including ... (1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, (4) the contingent nature of the fee award. The purpose of such adjustment is to fix a fee at the fair market value for the particular action. In effect, the court determines, retrospectively, w...

Excerpt: ...iffs have not pleaded a fraudulent business practice with sufficient particularity. (Demurrer at pg. 3:6-4:3.) This argument, however, relies on a series of citations to cases dealing with the pleading standards for common law fraud. As explained above, an allegation of a fraudulent business practice under the UCL is not subject to the same heightened pleading requirements. To plead a claim brought under the fraud prong of §17200, it is sufficie...

Excerpt: ...orm in opposition. Judge Landin refrained from entertaining or ruling on the argument that the claim form was defective completed, stating that “this dispute is not appropriate at the demurrer stage.” See File, 1/10/18 Order. The argument that the claim form was defective because it did not name the State of California was raised on reply in connection with the demurrer. Defendant argues that a motion for judgment on the pleadings is distinct...

Excerpt: ...of equitable claims first, is routine and also efficient. No opposition was filed. The equitable claims could potentially resolve all the legal claims and obviate the need for a jury trial. The equitable claims would at the very least determine some of the issues in the legal claims. For this reason, bifurcation would serve the purposes of fundamental fairness and judicial efficiency. The motion is GRANTED. ...

Excerpt: ...ated by an organization that is a party <0003004400030059004400 00460057004c00520051[ under Section 2025.410, fails to appear for examination, or to proceed with it, or 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 docum...

Excerpt: ...the presentation of the case. The lodestar is the basic fee for comparable legal services in the community; it may be adjusted by the court based on factors including ... (1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, (4) the contingent nature of the fee award. The purpose of such adjustment is t...

Excerpt: ... deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion." See Morgan v. Sup.Ct.(1959) 172 Cal.App.2d 527, 530 (emphasis added). Courts are bound to apply a policy of great liberality in permitting amendments to the complaint "at any stage of the proceedings, up to and including trial," absent prejudice to the adverse party. See Atkinson v. Elk Corp. (2003...

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...

Excerpt: ...ich are writings. With regard to the defamation claim, the alleged emails fail to rise to the level of per se libel. The mere accusation that X-Complainants are racist is a mere opinion. Moreover, because the statements are not libel per se, X-Complainants must plead special damages, which they fail to do. In response, X-Complainants argue the emails are not slander but the 2 nd c/a states a claim for defamation based on libel. As such, the fact ...

Excerpt: ...laintiffs move to compel compliance and further responses to the RFPs at issue. Defendants object to these RFPs on grounds of overbreadth and vagueness. There is a protective order in place to protect confidential and proprietary information. CCP §2017.010 allows discovery of matters relevant to the subject matter of the action or reasonably calculated to lead to the discovery of admissible evidence. “Relevant to the subject matter” has been...

Excerpt: ... a monetary award in a prior action. (e.g. Renda v. Nevarez (2014) 223 <000f0003004b0052005a00 00480003005100520057> seeking a monetary award against the Underlying Defendants. The FAC is clear that it only seeks compensatory damages, a judgment for deficiency, and compensatory damages against Defendants Chun Kim, Kerry Park, and the Entity Defendants other than Info Tech. (FAC at pg. 8:4-8:24.) Thus, a judgment against Underlying Defendants here...

Excerpt: ...only tenuously implies that a request for prejudgment interest must be made before a judgment is entered.” Watson Bowman Acme Corporation v. RGW Construction, Inc. (2016) 2 Cal.App.5th 279, 297–298 (acknowledging lack of any statutory authority re: deadline to seek prejudgment interest and time limits set forth in case law; prevailing party's motion for prejudgment interest clearly brought prior to entry of judgment and therefore timely under...

Excerpt: ...es against Giannini in this action. Giannini was not involved in any of the transactions involving Bry and any of the three non-party deponents. Plaintiff argues Defendant Giannini is seeking to obtain improper character evidence against Bry by deposing these three non-parties, as well as evidence of potentially fraudulent 1031 exchanges, which is not at issue in this action. This action does not involve the filing of tax returns and the validity...

Excerpt: ...ann Hart is DENIED; Loriann has raised a triable issue of fact as to service of the Three Day Notice to Quit. ANALYSIS: Procedural Issues: Pursuant to CCP §1170.7, a UD MSJ may be made at any time after the answer is filed upon giving five days' notice. The MSJ was timely served. The oppositions were filed on the date of the hearing. The hearing was continued one day, to the date of the trial, for the court to read and consider the oppositions. ...

Excerpt: ...n a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion." See Morgan v. Sup.Ct.(1959) 172 Cal.App.2d 527, 530 (emphasis added). Courts are bound to apply a policy of great liberality in permitting amendments to the complaint "at any stage of the proceedings, up to and including trial," absent prejudice to the adverse party. See Atkinson v. ...

Excerpt: ...der this Bond to the obliges, or either of them, unless said obligees, or either of them, shall make payment to the Principal, strictly in accordance with the terms of said Contract as to payments, and shall perform all other obligations to be performed, under said Contract at the time and in the manner therein set forth.” The clause therefore relieves the surety of any obligation to pay on the bond in the event Shores LLC defaults on or breach...

Excerpt: ...mplaint. Nand argues Item 4 for deposition costs in the amount of $1,745.15 is unsupported by any documentation of what depositions were taken or the amount incurred. Item 5's service of process costs list certain entities and persons who never testified at trial. Item 5 also improperly includes the mailing costs and investigation costs in connection with service of process. Item No. 8 is unsupported by any documentation. Item 9 lists $350 in fee...

Excerpt: ...specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).” CCP §2033.280(b). “The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” CCP §2033.280(c)....

Excerpt: ...onvention. The second ground for the motion is moot. Defendant concedes that, pursuant to Water <00130014001a000c000f00 00580048000300260052[nvention permits international service by mail under Section 10(a), unless expressly objected to by the country in which service is being effected. Defendant states in the opening brief that Ireland has only objected to methods of service under 10(b) and (c). The opposition also spends 5 out of 12 pages of i...

Excerpt: ...to the RFPs also included objections on grounds that Defendant should have the documents in his possession already or they are public documents that Defendant can obtain. Plaintiff's objections are meritless. The mere fact that Defendant may have some of the responsive documents in his possession are not grounds for Plaintiff to refuse to produce responsive documents. An RFP obligates the Plaintiff to provide responsive documents in her possessio...

Excerpt: ...ests of justice” at any time during the course of the action. See CCP §428.50(c). On the other hand, if the proposed cross-complaint is compulsory, leave must be granted so long as defendant is acting in good faith. See CCP §426.50 (court “shall” grant leave to file a compulsory x-complaint brought in good-faith); see also Weil & Brown, Civil Procedure Before Trial, ¶6:563. The policy favoring amendment is so strong that it is a rare cas...

Excerpt: ... to collect from any insurance company including, but not limited to, Noridian Insurance Company any amounts payable to the “Business,” which shall include, but not limited to Joint Effort Medical Wellness, Total Wellness Rehabilitation, Total Wellness Rehab, Gratto and any other business conducted by Shapow from the Mindanao Premises or with which he is affiliated; and (3) enjoining Shapow from changing the name of the company that does busi...

Excerpt: ...�same” cause of action that is asserted in both the answer, as a defense, and the underlying complaint. Cross-Defendant critically misunderstands perhaps the most important element of a plea for abatement—that another action is pending. (CCP § 430.10(c).) Abatement does not lie with respect to cross suits pending in same court where relationship of parties to suits is reversed. (Daly v. White (1950) 100 Cal.App.2d 22; Hamm v. San Joaquin & K...

Excerpt: ...easonable care and diligence in the performance of their respective duties in regard to the maintenance, management, repair or other services at the Condo. See Decl. of Z. Glass, ¶¶56 and 57. Willy's attacks (1) the existence of a duty under the CC&Rs and Civil Code §4775 and (2) causation as to the alleged breach of its general tort duty of care. Willy's negates the allegation that it was subject to any duty under the CC&Rs and Civil Code §4...

Excerpt: ... because the Court ordered Reick to appear at trial with documents relating to his and Yorktown's financial condition. Reick defied the Court's order and failed entirely to appear at trial. Defendants failed to comply with the Court's order. Plaintiff should not be penalized for its inability to present financial condition evidence when Defendants failed to produce that evidence in contravention of the Court's order. Defendants argue Reick was ne...

Excerpt: ...den of persuasion that there is no triable issue of material fact and that he is entitled to a judgment as a matter of law. There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof. See Aguilar v. Atlantic Richfield Company (2001) 25 Cal.4 th 826, 855. Pursuant to Code of C...

Excerpt: ...ance a cognizable fraud claim, "every element of the cause of action . . . must be alleged in full, factually and specifically, and the policy of liberal construction of pleading will not usually be invoked to sustain a fraud claim deficient in any material respect." (Wilhelm v. Pray, Price, Williams & Russell (1986) 186 Cal.App.3d 1324, 1331.) The heightened particularity requirement necessitates pleading facts that "show how, when, ...

Excerpt: ...the court take judicial notice of the following documents: 1. Cross-Complaint of Andy Kim and Info Tech in the Prior Case; 2. Online Court Docket for Prior Case; 3. Second Amended Complaint for Prior Case; 4. Court's Minute Order Granting Terminating Sanctions in Prior Case; and 5. Appellants Notice Designating Record on Appeal in Prior Case. This request is GRANTED per Evid. Code § 452(d). Generally, a “fraudulent conveyance is a transfer by ...

Excerpt: .... Plaintiff argues the fees incurred are justified given the long and contentious history of the case. The matter was fully tried before the Court over several days and involved complex bookkeeping issues. Despite several attempts at settling the matter, Defendant refused and chose to fully litigate the allegations against him. Pursuant to §6.7 of the Management Services Agreement, “if a legal action is commenced by either party to enforce or ...

Excerpt: ...aintiff is also ordered to pay sanctions within that time. ANALYSIS: Motion to Compel Further Responses <0056005300520051005600 00480003004900520055>m interrogatories at issue on (1) 9/8/17 initial responses were served; (2) on 10/10/17 further responses were served; and (3) on 11/9/17 a second set of further responses was served. Defendant met and conferred by correspondence only (1) as to the initial responses on 9/22/17 and as to proposed furt...

Excerpt: ... per CCP §2032.250(a). Plaintiff alleges that she suffered nerve damage as a result of Defendant's negligently performed surgery and there is a dispute as to what nerve was allegedly damaged. An EMG and an NCS are the most accurate tests for determining plaintiff's current condition. Good cause therefore exists to compel the tests requested. Plaintiff is only willing to submit to an EMG and NCS performed by an agreed upon, independent medical ph...

Excerpt: ...and Farid Meskin. Plaintiff seeks entry of judgment against both Defendants in the amount of $35,388.77 plus interest in the amount of $10,446.38. The judgment would be joint and several against the Defendants. Plaintiff establishes that Defendant Lavive Leather, Inc. entered borrowed $35,000 from Plaintiff on 10/6/17 pursuant to a written Note. See Plaintiff's SSUMF No. 1. Defendant Lavive Leather defaulted on the Note on 12/28/16. Id. at No. 2....

Excerpt: ...hstone or lodestar figure, based on the ‘careful compilation of the time spent and reasonable hourly compensation of each attorney ... involved in the presentation of the case. The lodestar is the basic fee for comparable legal services in the community; it may be adjusted by the court based on factors including ... (1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the ...

Excerpt: ...t with a willful and conscious disregard of the rights or safety of others. “The adjective ‘despicable' connotes conduct that is so vile, base, contemptible, miserable, wretched or loathsome that it would be looked down upon and despised by ordinary decent people....Punitive damages are appropriate if the defendant's acts are reprehensible, fraudulent or in blatant violation of law or policy. The mere carelessness or ignorance of the defe...

Excerpt: ...c/a for civil extortion and the 5 th<0051005600570003004b00 4c00500003004c00560003[ drafting the 7/28/17 letter accusing Plaintiffs of sexual misconduct and breaches of the Operating Agreement, referred to in the Complaint as the Pfeiffer letter. See Complaint, ¶¶48-80. Defendant Pfeiffer argues SLAPP clearly applies to the Pfeiffer letter, because it was a communication drafted in anticipation of litigation. The Pfeiffer letter stated that it ...

Excerpt: ...dditional amounts incurred in this proceeding, including a reserve of $10,000 to wind up the receivership estate; (3) receiver to pay Receiver fees, legal fees, accounting fees and federal and state income taxes, if any, due and payable by the Receiver; (4) to the extent the Receiver has insufficient funds to pay, the parties be responsible for payment of Receiver fees, legal fees, accounting fees and federal and state income tax; (5) that neithe...

Excerpt: ...tatute.” A real party in interest is one who has “an actual and substantial interest in the subject matter of the action and who would be benefited or injured by the judgment in the action.” (Martin v. Bridgeport Community Assn., Inc.(2009) 173 Cal. App. 4th 1024, 1031-1032.) “A real party in interest is one who has ‘an actual and substantial interest in the subject matter of the action and who would be benefited or injured by the judgm...

Excerpt: ...ppear at the 1/9/18 OSC re: Dismissal. Because Plaintiff fails to provide any explanation for her failure to appear at the 1/9/18 OSC re: Dismissal, Plaintiff fails to establish grounds for discretionary relief, i.e. that the dismissal was entered due to her excusable neglect, reasonable mistake, surprise or inadvertence. Plaintiff's motion also fails to comply with CRC Rule 3.1112. The motion is not accompanied by a notice of motion, the motion ...

Excerpt: ... any relief from this Court. Plaintiff also argues that the motion to quash is untimely, as a motion to quash must be brought within the time to answer. The time to answer expired. Defendant Ambueie is challenging the Court's personal jurisdiction over him based on his lack of minimum contacts. Defendant's failure to bring an express and separate motion to vacate the default against him does not preclude the Court from assessing the merits of his...

Excerpt: ... to the litigation privilege, Plaintiffs cannot demonstrate a probability of prevailing on their 1 st, 2 nd, 4 th and 6 th through 11 th claims to the extent they are based on the protected conduct of Flynn's communication and dissemination of the contents of the recorded conversation in anticipation of and during litigation. However, as to the 3 rd c/a for breach of contract, the litigation privilege does not apply and Plaintiffs demonstrate the...

Excerpt: ... Secretary of State website. The process server did not ask for Zobrist but instead served a guest who did not live at the address. The process server threw the papers at the guest and left. Defendant argue Plaintiff failed to personally serve Defendant's agent or officers. Service was also effectuated at Zobrist's home, not at the Company's offices. Defendant has not received copies of the summons and complaint where service was attempted. Plain...

Excerpt: ... 3- 700(c) provides that an attorney may withdraw based on any of the following: (1) The client (a) insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by good faith argument for an extension, modification, or reversal of existing law, or (b) seeks to pursue an illegal course of conduct, or (c) insists that the member pursue a course of conduct that is illegal or that is prohibited under the...

Excerpt: ...ay, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleadings.” (CCP 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Plaintiff's Complaint alleges that Defendants' dietary supplements, “N...

Excerpt: ...yer's negligence in hiring or retaining an employee who is incompetent or unfit. [Citation.]” (Roman Catholic Bishop v. Superior Court (1996) 42 Cal.App.4th 1556, 1564–1565.) Negligence liability will be imposed upon the employer if it “knew or should have known that hiring the employee created a particular risk or hazard and that particular harm materializes.” (Doe v. Capital Cities (1996) 50 Cal.App.4th 1038, 1054.) As such, “Cali...

Excerpt: ... that defendants intentionally concealed or suppressed the fact with the intent to defraud the plaintiffs; (4) plaintiffs were unaware of the fact and would not have acted in the same way knowing of the concealed or suppressed fact; (5) that plaintiffs suffered damages; and (6) that defendants' fraudulent concealment was the cause of plaintiffs' damages. (Marketing <0003001900030026004400 004b0003001900130016>, 613.) All fraud actions are subject...

Excerpt: ...9 months before the trial date. Before the matter was transferred to Santa Monica, the PI court set the matter for trial on June 7, 2018 and this motion was filed on September 26, 2017. Defendant's objection based on timeliness is overruled. When matters are sent from the PI court to an IC, all future dates are vacated. This procedure is understandable since it would be impossible to an IC with its own calendar to adopt all trial dates set by ano...

Excerpt: ... on the analysis below), and 3 rd causes of action, and SUSTAINED WITHOUT LEAVE as to the 2 nd and 4 th cause of action. ANALYSIS: Because the demurrers are virtually identical, they will be discussed together. Professional Negligence – 1 st C/A: Defendant demurs to the first cause of action on statute of limitations grounds. The Demurrer is sustained with 20 days leave to amend. An action for personal injury or death caused by the professional...

Excerpt: ...014 and Defendant has advanced almost $15,000 in funds to keep property taxes and homeowner's insurance current. The current amount due to pay off <0052005900480055000300 00030047005800480003>to Plaintiff's delinquency. Defendant argues that Plaintiff is manipulating the justice system to further delay non-judicial foreclosure. Defendant also argues the Court had no jurisdiction to enter the temporary restraining order given the pendency of the a...

Excerpt: ...Cross- Complaint that the guaranty is valid and there are emails from the owner of Defendant indicating the existence and validity of the guaranty. (2) There is uncontroverted evidence that Plaintiff fully performed the terms of the agreement by timely lending the funds to the Borrower. (3) It is undisputed that Defendant is in breach of the guaranty, and Defendant has acknowledged that it defaulted on the guaranty agreement and remains in defaul...

Excerpt: ... Exhibit 4 – Temporary Restraining Order filed July 9, 2012 in Case No. SC117683; 5. Exhibit 5 – Preliminary Injunction dated November 11, 2010, in LACSC Case No. SC117683; 6. Exhibit 6 – Opinion of California Court of Appeal Case No. B230938 upholding the preliminary injunction. 7. Exhibit 7 – U.S. Bank's Unlawful Detainer action Case No. 12R04263 8. Exhibit 8 – Settlement Agreement 9. Motion for Summary Judgment filed April 2, 2013, i...

Excerpt: ... is a valid basis for demurrer. Though Plaintiff has pleaded the essential elements of professional negligence, Defendant cannot adequately respond to the claim without Plaintiff providing, at minimum, some general indication as to when the events giving rise to liability happened. It is difficult to imagine how any Defendant could admit or deny allegations that they did certain acts when there is no indication as to when the acts alleged took pl...

Excerpt: ...on any of the grounds under Rule 3-700(C). Rule 3- 700(c) provides that an attorney may withdraw based on any of the following: (1) The client (a) insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by good faith argument for an extension, modification, or reversal of existing law, or (b) seeks to pursue an illegal course of conduct, or (c) insists that the member pursue a course of conduct ...

Excerpt: ...iff's employment, termination, and pay is DENIED. No sanctions. (See below regarding the court's concern about the actions of counsel at the previous deposition). Plaintiff Gu moves to compel the deposition of Sherry Wang, Joseph Su, Sheena Tong, Bernice Navarro, and WHPM Inc.'s PMK per CCP 2025.450. If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designa...

Excerpt: ...s, and attorneys' fees for a total of $441,982.55. Failure to Tab Exhibits: Plaintiff's counsel should note: “Each paper exhibit must be separated by a hard 8 1/2 x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation.” CRC, rule 3.1110(f)(3). All parties are ORDERED to strictly comply with this rule or else risk their exhibits being rejected, struck, and/or disregarded, and/or a mon...

Excerpt: ...ction of documents is GRANTED. (CCP 2030.290, 2031.300.) Plaintiff Chou is ordered to respond to discovery without objections within 10 days. Sanctions are imposed against Plaintiff Chou in the sum of $1,835.00, payable within 30 days. Defendant Smith moves to compel responses to form interrogatories, special interrogatories, and request for inspection and production of documents, and for sanctions. CCP 2030.290(b) and 2031.300(b) allow the propo...

Excerpt: ...red within one year from the date of an accident. While the policy was effective, plaintiff was involved in an automobile accident, resulting in injury and reasonable medical bills to treat the injury. Nevertheless, defendant denied plaintiff's claim for benefits sought under the policy. Defendant denied coverage because it put its own economic interest ahead of plaintiff's and in retaliation for plaintiff's family members' making prior claims an...

Excerpt: ...tions limit the amount of damages awardable on default. The demand sets a ceiling on recovery. (Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) If no specific damages are alleged in the complaint, a prayer “for such other and further relief as the court deems just” will not support a default judgment for any specific sum. (See Becker v. S.P.V. Const. Co., Inc. (1980) 27 Cal.3d 489, 494‐ 495.) The Complaint prays for judgment “in excess of $...

Excerpt: ...s: Plaintiff's counsel should note: “Each paper exhibit must be separated by a hard 8 1/2 x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation.” CRC, rule 3.1110(f)(3). All parties are ORDERED to strictly comply with this rule or else risk their exhibits being rejected, struck, and/or disregarded, and/or a monetary sanction. This order applies equally to fax filed papers and courte...

Excerpt: .... ANALYSIS: If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories and RFAs. See Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220–221; Fairmont Ins. Co. v. Sup.Ct. (Stendell) (2000) 22 Cal.4th 245, 255. Where a party moves to compel further responses to requests for production, the moving party must demonstrate good cause, i.e. relevance to the...

Excerpt: ...respond was entirely the result of excusable neglect and/or reasonable mistake. Pursuant to CCP §418.10, the service and filing of a notice of motion to quash extends the defendant's time to plead until 15 days after service upon him or her of a written notice of entry of an order denying his or her motion, except that for good cause shown the court may extend the defendant's time to plead for an additional period not exceeding 20 days. ...

Excerpt: ...g two stays (April 11 to May 14, 2017 and June 13 to mid‐July 2017) causing dehydration, malnutrition, urinary tract infections, and septic shock. On August 21, 2017, plaintiff filed a complaint for (1) dependent abuse / negligent, (2) negligence, (3) violation of Health and Safety Code section 1430(B), and (4) willful misconduct. On December 19, 2017, North American filed this opposed demurrer to the first and fourth causes of action for insuf...

Excerpt: ...e assets and execute a Trademark Assignment Form and a Patent Assignment Order transferring them to the Sheriff's Department so that they may be sold at public auction. These assets were identified during Defendant's Judgment Debtor Examination. Contrary to Yang's representations that he transferred these trademarks, the USPTO does not have any record of such transfers and per 15 USC §1060, any assignment of trademarks must be in writing and dul...

Excerpt: .... In assessing the sufficiency of the allegations of delayed discovery, the court places the burden on the plaintiff to ‘show diligence'; ‘conclusory allegations will not withstand demurrer.'” (Fox v. Ethicon Endo–Surgery, Inc. (2005) 35 C4th 797, 808.) “The discovery rule does not encourage dilatory tactics because plaintiffs are charged with presumptive knowledge of an injury if...they have the opportunity to obtain knowledge from sou...

Excerpt: ...served on 10/22/17 and mailed on 10/24/17. Defendant Amazing LA Tours, Inc. was subserved on 12/20/17 with the complaint, summons and this application for writ of possession. Neither defendant has any equity in the collateral, because the outstanding balance on the Loan exceeds the FMV of the vehicle. No undertaking is therefore required. ...

Excerpt: ... (Set One) is GRANTED. Defendants are ordered to serve further responses within 20 days. No opposition received. ANALYSIS: If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories and RFAs. See Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220–221; Fairmont Ins. Co. v. Sup.Ct. (Stendell) (2000) 22 Cal.4th 245, 255. Where a party moves to compel fu...

Excerpt: ...c. (1994) 24 Cal.App.4th 1426, 1441-1442. Houghton must therefore rebut the presumption of proper service. Houghton fails to do so. Houghton's only objection is that service was rendered at his workplace, not his home address or usual abode. However, Plaintiff is entitled under CCP §415.20 to effect substitute service “the person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United S...

Excerpt: ...preference is necessary to prevent prejudicing the party's interest <005500510048005c000300 004c0052005100030049[or trial preference under CCP §36(a) is sufficient and may be made on information and belief. See CCP §36.5. If a motion for trial preference is granted, the court shall set the trial date not more than 120 days from granting of the motion. See CCP §36(f). Plaintiff seeks an early trial date based on her age and her health. Plai...

Excerpt: ... Billips, Defendant's CEO, testifies that she did not know she was not allowed to file an answer on behalf of the corporation. Defendant submits a proposed answer. Based on this showing, Defendant allowed a default to be entered against it based on excusable neglect or mistake. Discretionary relief is therefore proper under CCP §473(b). The motion is unopposed. ...

Excerpt: ... relevant to the credibility of the process server's claim that Hart was personally served. Hart's only relevant testimony regarding the purported service consists of two sentences in ¶2 of her declaration: “The Proof of Service of the process server is not true. I was never served, much less personally served, with the summons and complaint for Plaintiff's unlawful detainer complaint.” Plaintiff's POS on Hart is properly completed by a regi...