Excerpt: ... $100,000 retainer despite failing to provide legal services defined in the retainer agreement and despite plaintiff's not having signed the agreement. Plaintiff alleges that his signature was forged. On August 7, 2017, plaintiff filed a complaint and on September 25, 2017, the operative first amended complaint for (1) cancellation of retainer agreement, (2) breach of fiduciary duty and professional negligence, (3) breach of contract, (4) fraud, ...

Excerpt: ...ing mental health records. Plaintiff identified Mansbacher as one of four medical professionals who treated him for the injuries he allegedly suffered due to Wellcamp's conduct. See Decl. of M. Parke, ¶4. Mansbacher is Plaintiff's treating psychologist. Id. Plaintiff alleges in his complaint and stated in his discovery responses that he suffers ongoing stress, embarrassment, anger, anxiety and depression due to Wellcamp's unauthorized disclosure...

Excerpt: ...aring. 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, 1410.) Defendants' demur on the grounds that the allegations against Souren are not alleged properly against the Doe Defendants. Indeed...

Excerpt: ...the transaction on behalf of the LLC. The letter informed Bank of America of the litigation and was sent after this action was filed. According to Rose, the damages are principally based upon the letter. Rose contends letter is therefore a statement in connection with an issue before a judicial body and is protected conduct pursuant to CCP §425.16(e)(2). Rose also argues Kolcheva will not be able to establish the probability of prevailing on the...

Excerpt: ...settled statement in conformity with the current version of CRC 8.137(d) within 30 days after service of notice of the order granting the request to use settled statement. Respondent will have 20 days after service of the proposed statement to serve proposed amendments. The Court will adhere to the procedure set forth in the current version of the CRC Rule 8.137. “No later than 10 days after the respondent files proposed amendments or the time ...

Excerpt: ...Kansas and Kansas is a suitable forum. Kansas has a greater interest in protecting its citizens under these facts, because the injury occurred in Kansas as a result of a product purchase by one of its residents in Kansas. California has little interest in the lawsuit. Defendant Nutribullet argues Kansas is a suitable forum. Kansas products liability law is governed by the Kansas Products Liability Act thereby providing Plaintiffs with a remedy fo...

Excerpt: ...quest for CCP §128.5 sanctions for the first time. ANALYSIS: Heard's claim that Plaintiff did not meet and confer is unfounded. Plaintiff's counsel, Jamie Vogel, testified to several conversations and letters that were exchanged between the parties regarding Heard's inability to attend and attempts to reschedule. SeeDecl. of J. Vogel, ¶¶3-12. These attempts satisfy the meet and confer or the nonattendance requirement that the deposing party co...

Excerpt: ...ason, the Court has no jurisdiction over Capital Trust Escrow to issue an order requiring it to turn over the escrow funds. If Plaintiff knows of authority that would permit this Court to issue an order requiring an escrow company to turn over escrow funds without having to name that escrow company in the litigation, Plaintiff must provide the Court with this authority. Plaintiff has not asked for an order requiring Defendant Khalili to execute a...

Excerpt: ...ng an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreeme...

Excerpt: ...essly incorporates JFA's contractual duty to defend and indemnify in the JFA-City of Beverly Hills agreement and imposes that duty on Walker. JFA contends the hold harmless/indemnification obligation is contingent upon a finding of Walker's negligence, but the duty to defend does not require such a finding. The duty to defend is triggered by the potential or possibility of liability for indemnification. Plaintiff's complaint alleges damages arisi...

Excerpt: ...cause Matt Construction was a customer of Mitsubishi; and (2) that Gillespie owes Matt Construction an immediate duty to defend against the personal injury lawsuit pursuant to Section 9 of the Gillespie-Mitsubishi purchase order; and (3) Gillespie owes Matt Construction a duty to indemnify from and against Plaintiffs' claims in this action if Matt Construction is found liable (whether in whole or in part) for any of Plaintiff's claims, pursuant t...

Excerpt: ...ail or was erroneously misplaced by his office. Defense counsel promised in correspondence to serve responses by 11/2/17, which he did. As such, Defendant argues the motion is moot and that he be awarded sanctions. Defendant argues Plaintiff unreasonably refused to wait until after 11/2/17 to file the motion. Defendant also served responses to all three sets of discovery withobjections on 11/2/17. On reply, Plaintiff argues the responses are impr...

Excerpt: ...in September 2016 and then served verified supplemental responses on 1/6/17. Parties continued to meet and confer on the sufficiency of the supplemental responses, but Plaintiffs' counsel has not yet provided any supplemental responses. Parties agreed to extend the time to bring this motion to compel further responses. Defendant GSC acknowledges that Plaintiffs' counsel has suffered a traumatic injury that interfered with his ability to respond. ...

Excerpt: ...t Adult Abuse claim only. Supplemental briefs were filed by the Defendants on 11/17/17, Supplemental Opposition briefs were filed by the Plaintiff on 12/4/17 and Supplemental Reply briefs filed by the Plaintiff on 12/13/17. ANALYSIS: An action under the Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst.C. § 15600 et seq.) is subject to a 2-year limitations period under CCP §335.1. The Act does not contain a statute of limitatio...

Excerpt: ...and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence. The failure to comply with this requirement of a separate statement may in the court's discretion constitute a sufficient ground for denying the motion.” CCP §437c(b)(1). “The Separate Statement of Undisputed Material Facts in support of a motion must separately ide...

Excerpt: ...murs to the First Cause of Action on the grounds that Plaintiff has not alleged Defendant was a significant factor in causing him harm. (Demurrer at pg. 3:25-4:5.) This argument is unavailing. Plaintiff explicitly alleges that Defendant Guard Services “called directed and authorized the co-defendants to remove the plaintiffs vehicle without any reasonable notice to plaintiff and without any reasonable reason to have plaintiff's vehicle removed,...

Excerpt: ...ot strong, or where there is any doubt as to setting aside of a default, such doubt should be resolved in favor of the application.” Rosenthal v. Garner (1983) 142 Cal.App.3d 891, 898. Default was entered against Defendant Oceansblue pursuant to Plaintiff's motion to strike on 5/24/17. The Court struck Defendant's answer on grounds that it was in pro per since January 11, 2017, after counsel had withdrawn from the case. As a corporate entity, D...

Excerpt: ... a total of $153,609.51. Procedural Requirements On October 17, 2017, default was entered against both defendants. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 10 and a proposed form of judgment on the appropriate Judicial Council forms. Plaintiff's counsel signed a declaration of nonmilitary status. Plaintiff requests the same amount of principal damages...

Excerpt: ...s. Parties attempted to resolve the matter informally but were unable to do so. See Decl. of C. Albut, ¶¶8-18. Defendant was also unwilling to waive the statutory deadline to file this motion to compel. Defendant seeks to compel further responses to Form Rogs 2.3-2.6 and 17.1. The responses at issue consisted of meritless objections based on relevance, boilerplate objections and incomplete responses to the subparts of Form Rog 17.1 stating “N...

Excerpt: ...intiffs Jane Doe 1 and Jane Doe 2's complaint are identical. Plaintiff Jane Doe and Plaintiffs Jane Doe 1 and 2 join in one another's oppositions. For this reason, (1) both motions are discussed and analyzed together and (2) the success or failure of one set of plaintiffs on an MSJ/A necessarily requires the same outcome on the other MSJ/A. I. Parties' Positions A. Defendant GSC's Position Defendant Global moves for summary judgment of Plaintiff'...

Excerpt: ... Cause of Action on the grounds that Plaintiff has alleged no supporting facts. (Demurrer at pg. 5:16-6:1.) Plaintiff has not alleged with “reasonable precision and particularity” the specific terms of the contract Defendant allegedly breached. Additionally, Plaintiff concedes that his complaint “failed to include his . . . causes of action for Breach of Contract and Breach of non-disclosure agreement.” (Opposition at pg. 2:10-2:12.) Here...

Excerpt: ...motion is granted. Further responses to be served within 10 days. ANALYSIS: Defendant GSC propounded form interrogatories (set one) on Plaintiffs Jane Doe 1 <0048000300140003005600 00560053005200510056>es in September 2016 and then served verified supplemental responses on 1/6/17. Parties continued to meet and confer on the sufficiency of the supplemental responses, but Plaintiffs' counsel has not yet provided any supplemental responses. Parties ...

Excerpt: ...nications regarding those properties. The documents requested are relevant to Plaintiff's claims that they have a prescriptive easement over the Defendant's property based on the construction work performed by Premier Builders on both parties' properties. The subpoena was properly personally served on an officer and the registered agent of Premier Builders on 7/7/17. See Decl. of S. Weaver, ¶3. While Premier Builder's counsel indicated no record...

Excerpt: ...ers (Cross Creek Productions, Imagine Entertainment and Quandrant Pictures) and the financing entity (Vendian Entertainment). Production Defendants contend the entity that oversaw the entire movie was Mena Productions LLC and it was Mena Productions LLC's aerial coordinator who was in charge of selecting pilots, selecting aircrafts and controlling the use of the aircraft in any manner whatsoever. Production Defendants had nothing to do with the h...

Excerpt: ...urchased the property in September 2017 and demanded that Defendants turn over the property in November 2017. Defendants have refused and continue to rent the commercial property to third parties. Defendants have rented the property to third parties in despite having been divested of title for four years. US Bank purchased it in 2012 and Defendants have continually rented it out for four years since that time. Plaintiff seeks appointment of a rec...

Excerpt: ... funds from any accounts into which such funds have been rolled over or transferred, including any and all agents, heirs and successors of Gold, and any SEP IRA accounts held in the name of Defendant Daniels or aka Natalie Gold. Plaintiffs contend the ownership of Steve Gold's funds are disputed and Defendant Natalie has already taken over half a million dollars from Steve's SEP IRA without any prior notice to Plaintiffs, despite all parties bein...

Excerpt: ... the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain. Demurrer on grounds of uncertainty will not be sustained unless the complaint is so bad that the defendant cannot reasonably respond. (Koury v. Maly's of California (1993) 14 Cal.App.4th 612, 616.). On 9/13/17, Plaintiff filed a complaint captioned “Grand Slam with greater than 5 causes.” <0056004800460052005100 00030036004f00440050> with gr...

Excerpt: ...aintiff Jane Doe 1 on 6/22/16. Plaintiff Jane Doe 1 served responses in September 2016 and then served verified supplemental responses on 1/6/17. Parties continued to meet and confer on the sufficiency of the supplemental responses, but Plaintiffs' counsel has not yet provided any supplemental responses. Parties agreed to extend the time to bring this motion to compel further responses. Defendant GSC acknowledges that Plaintiffs' counsel has suff...

Excerpt: ... permission. CACI 724. Plaintiffs allege in their complaint that Defendant Thaddeus is liable for negligent entrustment of the vehicle to Elizabeth as the owner of the vehicle. See Motion, Ex. A, ¶1. Defendant Thaddeus establishes that Plaintiffs cannot prove that he was ever the registered owner of the vehicle, nor was he present when the accident occurred. Defendant Thaddeus propounded RFAs on both Plaintiffs asking them to admit that he was n...

Excerpt: ... of a TRO on 11/18/16 and a preliminary injunction on 1/25/17. Pursuant to the 11/18/16 TRO, Plaintiff entered the premises on 1/24/17 to diagnose the plumbing problem. Pursuant to the 1/25/17 PI, Plaintiff entered the premises on 2/22/17 to repair the problem and did so successfully that day. Because the leak was repaired on 2/22/17, Plaintiff filed a voluntary dismissal on 5/15/17. See Motion, Decl. of M. Brachman, ¶¶11-14. Plaintiff moves fo...

Excerpt: ...ctions, contentions, or conclusions of law or fact. (Fox v. JAMDAT Mobile, Inc. (2010) 185 Cal.App.4th 1068, 1078.) When there are unexplained contradictions between exhibits and the allegations, the allegations are disregarded as surplusage. (Edgerly v. City of Oakland (2012) 211 Cal.App.4th 1191, 1198.) When the exhibits are ambiguous, the construction urged by plaintiff will be accepted as true unless patently absurd or incorrect. (Chisolm v. ...

Excerpt: ...ndants argue that the statute of frauds requires Defendants' signatures (or their agent's) in order to bind them. Defendants contend that there are no allegations regarding any agents who could bind Defendants to the note. The court is not convinced that this contract falls within CC 1624(a)(2). The allegations support Plaintiff's construction of the contract that the Defendants received money from Plaintiff for the operation of their restaurant,...

Excerpt: ...n a particular cause pending in a court of this state, may in the discretion of such court be permitted upon written application to appear as counsel pro hac vice, provided that an active member of the State Bar of California is associated as attorney of record. No person is eligible to appear as counsel pro hac vice under this rule if the person is: (1) A resident of the State of California; (2) Regularly employed in the State of California; or ...