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: ...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: ...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: ...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: ... 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: ...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: ...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: .... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ... (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: ...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...