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 ...