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