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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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 ...