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Judge: Dukes, Robert A x
2018.8.14 Motion to Quash Service of Summons 940
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.14
Excerpt: ...Androgenic Research, LLC (“Anabolic”) moves to quash service for lack of personal jurisdiction. A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (CCP §418.10(a)(1).) When a nonresident defendant challenges personal jurisdicti...
2018.8.13 Motion to Require Posting of Security 975
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.13
Excerpt: ...ch of Contract. Defendant Coats moves for an order for Plaintiff Ward to post an undertaking per CCP 1030 because Plaintiff resides out of state. (a) When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be...
2018.8.9 Demurrer, Motion to Strike 679
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.9
Excerpt: ...to file and serve their Answers within 10 days. Defendants Yeh and Sootodeh demur to the 5 th cause of action on the ground that it fails to state facts sufficient to constitute causes of action. 5TH CAUSE OF ACTION INTENTIONAL INTERFERENCE WITH CONTRACT: The elements are: 1) valid contract between plaintiff and third party; 2) defendant's knowledge of that; 3) defendant's intentional acts designed to induce disruption of the relationship...
2018.8.9 Motion for Summary Judgment, Adjudication 940
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.9
Excerpt: ...d/or adjudication pursuant to CCP 437c. Defendant's evidentiary Objection 18 is sustained. Remaining objections are overruled. StandardA defendant moving for summary judgment/adjudication has met his burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP 437c(p)(2).) ISSUE 1 PRODUCT SALE: Defendant contends summary judgment is proper because th...
2018.8.9 Demurrer, Motion to Strike 154
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.9
Excerpt: ... to file and serve their Answers within 10 days. Defendants Key Point Management, LLC, Shuerman, and Hill demur to all causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. UNCERTAINTY 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...
2018.8.8 Motion for Summary Judgment 934
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.8
Excerpt: ...entitling the party to judgment on the cause of action. Once met, the burden then shifts to the Defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. (CCP 437c(p)(1).) The elements for a breach of contract cause of action are: (1) the contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) resulting damages. (Reichert v. General Ins....
2018.8.7 Motion for Summary Judgment, Adjudication 964
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.7
Excerpt: ...ck Public Adjusters, Inc. moves for summary judgment and/or summary adjudication of issues pursuant to CCP 437c. Defendant's evidentiary objections are overruled. Standard A defendant moving for summary judgment/adjudication has met his burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP 437c(p)(2).) Issue 1 Defendant contends it is not liab...
2018.8.7 Demurrer 113
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.7
Excerpt: ...hey fail to state facts sufficient to constitute a cause of action. ALL CAUSES OF ACTION The 1 st – 2 nd causes of action allege continuing private and public nuisances regarding the existence of hazardous substances. The 3 rdcause of action allege waste for harm from the contaminants and fill dirt. The 4 th cause of action allege declaratory relief on the same issues of nuisance and waste. Collateral estoppel bars relitigation of all factual i...
2018.8.6 Petition for Appointment of Neutral Arbitrator 399
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.6
Excerpt: ... If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing 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...
2018.8.2 Motion to Tax Costs 135
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.2
Excerpt: ...evidence, documentary and oral, of the services actually performed; and (2) expert opinion, by the applicant and other lawyers, as to what would be a reasonable fee for such services. (Martino v. Denevi (1986) 182 Cal. App. 3d 553, 558-59.) In many cases, however, the trial court will be aware of the nature and extent of the attorney's services from its observation of the trial proceedings and the pretrial and discovery proceedings reflected ...
2018.8.2 Application for Preliminary Injunction 429
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.2
Excerpt: ...e court is not in receipt of any proof of service showing proper service of the TRO. If service is cured, the application for preliminary injunction will be GRANTED. Plaintiff applies for a preliminary injunction to enjoin Defendant from transferring title of the motor home, and from further executing on the title to the mobile home or transferring any further interest in the mobile home. In deciding whether to issue a preliminary injunction, a t...
2018.8.1 Motion for Summary Judgment, Adjudication 633
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.1
Excerpt: ...ATIVE RULING <0003004700580048000300 004f004f005600030050>ovie cardboard display placed in the lobby of the AMC theater located in the City of Industry, California. The Complaint, filed 1/20/17, asserts causes of action for: 1. Premises Liability 2. Negligence 3. Strict Products Liability 4. Breach of Express Warranty 5. Breach of Implied Warranty 1. Fox MSJ Defendant Twentieth Century Fox Film Corporation's motion for summary judgment is GRANTED...
2018.7.31 Motion to Set Aside Request for Dismissal 575
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.31
Excerpt: ...aside Plaintiff's dismissal of the entire action filed on 5/29/18 pursuant to CCP 430.41(e). According to Defendant, Plaintiff filed the dismissal while Defendant's demurrer to the TAC was still pending to avoid the mandatory constraint of CCP 430.41(e)(1), which requires “an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action” if the Comp...
2018.7.31 Motion to Dismiss 071
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.31
Excerpt: ...ss the complaint pursuant to CC 1780(d). An action under subdivision (a) or (b) may be commenced in the county in which the person against whom it is brought resides, has his or her principal place of business, or is doing business, or in the county where the transaction or any substantial portion thereof occurred. In any action subject to this section, concurrently with the filing of the complaint, the plaintiff shall file an affidavit stating f...
2018.7.30 Motion to Terminate Sanctions, Issue Evidentiary Sanctions, Request for Monetary Sanctions 771
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.30
Excerpt: ...t to CCP 2023.010 et seq. The motion does not contain a proof of service, showing proper service of the notice and motion. The court is now in receipt of Plaintiff's “Responses to Motion to Enforce order. Plaintiff, previously pro per, retained counsel on May 16, 2018. The present motion was filed on May 9, but according to counsel for Plaintiff when counsel for Defendant was contacted about the motion he was told the motion would eventually se...
2018.7.26 Motion to Bifurcate the Issues 506
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.26
Excerpt: ...s pursuant to CCP 1048. The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United...
2018.7.26 Motion to Compel Further Responses 496
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.26
Excerpt: ...unsel, jointly and severally, in the sum of $2,000.00, payable within 30 days. Defendant Ley Drew, Inc. moves to compel further responses to requests for production of documents, set two pursuant to CCP 2031.010. CCP 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion...
2018.7.25 Demurrer, Motion to Strike 943
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.25
Excerpt: ...e complaint is so bad that the defendant cannot reasonably respond. (Koury v. Maly's of California (1993) 14 Cal.App.4th 612, 616.) The court finds that the causes of action are not so uncertain that Defendant cannot reasonably respond. Demurrer on this ground is OVERRULED. 1st – 2 nd CAUSE OF ACTION BREACH OF CONTRACT: The elements for a breach of contract cause of action are: (1) the contract; (2) plaintiff's performance or excuse for nonperf...
2018.7.25 Motion to Amend Complaint 458
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.25
Excerpt: ...g. (CCP 473; and see CCP 576.) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) <004b00030018001b001400 > In opposition, the Defendant contends the claim fails because the trust is not vague or ambiguous. However, courts generally do not consider the validit...
2018.7.24 Motion to Compel Further Responses 683
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.24
Excerpt: ...al interrogatories are GRANTED. Defendant is ordered to provide supplemental responses within 10 days. Reduced sanctions are imposed against Defendant in the reasonable sum of $1,500.00 payable within 30 days. Plaintiff Hasso moves to compel further responses to form and special interrogatories pursuant to CCP 2030.300. CCP 2030.300 allows a party to file a motion compelling further answers to interrogatories and document requests if it finds tha...
2018.7.23 Motion to Deem Truth of Matters, for Judgment on the Pleadings 789
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.23
Excerpt: ...gment on the Pleadings Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the res...
2018.7.23 Demurrer, Motion to Strike 896
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.23
Excerpt: ...s DENIED. Defendants are ordered to file and serve their Answers within 10 days. Defendants Bridgegate Pictures Corp. and Bridgegate Entertainment, Inc. demur to the FAC on the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain. UNCERTAINTY 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 Californi...
2018.7.19 Motion to Strike 496
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.19
Excerpt: ... a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper, strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP 436.) The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter whi...
2018.7.19 Motion for Summary Judgment 487
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.19
Excerpt: ...is rule, an administrative remedy is exhausted only upon termination of all available, nonduplicative administrative review procedures. (Coachella Valley Mosquito & Vector Control Dist. v. Calif. Public Employment Relations Board (2005) 35 Cal.4 th 1072, 1080.) Western also contends that Plaintiff did not work the requisite minimum hours to qualify for FMLA or CFRA rights. Under the FMLA, an eligible employee is entitled to 12 work weeks of leave...
2018.7.18 Demurrer 176
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.18
Excerpt: ...of New York Mellon demur to all causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. JUDICIAL NOTICE is taken of Defendants' exhibits. DECLARATORY RELIEF fails because Defendants are not parties to any contract with Plaintiffs. Ex. A is a residential lease between Plaintiff Hawkins and Plaintiff Christian. Plaintiff Christian accepted $10,000 as consideration for an option to purchase, plus rent...
2018.7.18 Application for Right to Attach Order 347
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.18
Excerpt: ...pearing and shall issue a right to attach order, which shall state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of the following: 1. The claim upon which the attachment is based is one upon which an attachment may be issued 2. The plaintiff has established the probable validity of the claim upon which the attachment is based 3. The attachment is not sought for a ...
2018.7.18 Motion for Summary Judgment, Adjudication 177
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.18
Excerpt: ...hool District (“District”) moves for summary judgment, or in the alternative, summary adjudication of issues pursuant to CCP 437c. ISSUES 1-2 AGE and RACE DISCRIMINATION: FEHA prohibits an employer from taking any adverse action against a protected individual based on his or her race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender id...
2018.7.17 Demurrer 364
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.17
Excerpt: ...ises with reasonable certainty. (4) If the action is based on paragraph (2) of Section 1161, state the amount of rent in default. (5) State specifically the method used to serve the defendant with the notice or notices of termination upon which the complaint is based. This requirement may be satisfied by using and completing all items relating to service of the notice or notices in an appropriate Judicial Council form complaint, or by attaching a...
2018.7.16 Motion for Issue, Evidentiary and Terminating Sanctions, for Monetary Sanctions 188
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.16
Excerpt: ...ons is GRANTED in part and DENIED in part. Sanctions in the sum of $1,860.00 are imposed against Plaintiff and counsel, jointly and severally in the sum of $1,860.00, payable within 30 days. Defendant Westminster Investments, LLC moves for terminating sanctions per CCP 2023.030. If anyone engages in conduct that is a misuse of the discovery process, the court may impose monetary sanction, issue sanction, evidence sanction, terminating sanction, a...
2018.7.16 Demurrer 224
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.16
Excerpt: ...tate facts sufficient to constitute causes of action and are uncertain. JUDICIAL NOTICE is taken of Defendants' Exhibits 3-5. (Ev. Codes 452-453.) UNCERTAINTY 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.) The court finds that the causes of action are not so uncertain that Defendants cannot reasona...
2018.7.12 Motion for Summary Judgment, Adjudication 205
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.12
Excerpt: ...nt is GRANTED. Zavala's joinder in TriCoast Builders, Inc. (“TriCoast”)'s Opposition is defective because he failed to submit an opposing Separate Statement in violation of CCP 437c(3)(b)(3), and will not be considered. TriCoast's Objection to Queen Declaration is overruled. Defendants Queen and Pomona Auto Center (“PAC”) move for summary judgment and/or adjudication of issues pursuant to CCP 437c. Standard A defendant moving for summary ...
2018.7.11 Motion for Determination of Good Faith Settlement 643
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.11
Excerpt: ...on of good faith settlement is GRANTED. [The motion states that Plaintiff filed an amended Complaint on 1/5/18 (Motion, 3:15-16), but this court does not have any record of any First Amended Complaint. Therefore, the court will proceed with the operative Complaint filed on 9/22/17.] Defendant Winter Group, Inc. moves for good faith settlement determination between Plaintiff Yoon and Defendant Winter Group, Inc. for a mutual waiver of costs and fe...
2018.7.11 Demurrer 209
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.11
Excerpt: ...n and are uncertain. JUDICIAL NOTICE is taken of Defendants' exhibits. (Ev. Codes 452-453.) UNCERTAINTY 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.) The court finds that the causes of action are not so uncertain that Defendant cannot reasonably respond. Demurrer on this ground is OVERRULED. ALL C...
2018.7.10 Application for Default Judgment 012
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.10
Excerpt: ...U's ability to issue an I‐20 visa. Plaintiff's declaration does not contain sufficient facts supporting any conspiracy to hold these individual Defendants personally liable for Tseng's fraudulent representation. 2. Tsai and Shih are alleged to have made separate representations “regarding APU's ability to issue an I‐20 visa.” (Wang Decl., Pars. 18 and 20.) However, Wang's declaration fails to state any date, to whom, and in what manner, t...
2018.7.9 Demurrer 926
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.9
Excerpt: ...rer 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.) The court finds the Complaint is not so uncertain that Defendant cannot reasonably respond. Demurrer on this ground is OVERRULED. 1ST, 2 ND , and 6 TH CAUSES OF ACTION B&P 17200, FAILURE TO PAY OVERTIME, and FAILURE TO PROVIDE WAGES WHEN DUE: Employees in C...
2018.7.9 Motion to Quash Service of Process 002
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.9
Excerpt: ...risdiction is GRANTED. Specially Appearing Defendant Outdoor Brands International, LLC (“Outdoor”) moves to quash service for lack of personal jurisdiction. Defendant's objections are overruled. A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court...
2018.7.6 Application for Right to Attach Order 347
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.6
Excerpt: ...se. Due process generally requires a notice and hearing prior to seizure of property. (Sniadach v. Family Finance Corp. (1969) 395 US 337, 342.) Prior to the hearing date, Plaintiff must serve defendant with: 1) a copy of the summons and complaint; 2) a notice of application and hearing; and 3) a copy of the application and of any affidavit in support of the application. (CCP 484.040; 1005.) If the papers are served by mail, the notice period is ...
2018.7.5 Application for Default Judgment 960
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.5
Excerpt: ...us. (Neal v. Farmers Ins. Exchange (1978) 21 Cal.3d 910, 928; Adams v. Murakami (1991) 54 Cal.3d 105, 110-112 - 54 Cal.3d 105 – “A reviewing court cannot make a fully informed determination of whether an award of punitive damages is excessive unless the record contains evidence of the defendant's financial condition… we have repeatedly examined punitive damage awards in light of the defendant's financial condition. This simple princ...
2018.7.5 Motion for Summary Adjudication, to Bifurcate 414
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.5
Excerpt: ...ital, LP, C. Chang, Panpacific Health Enterprises, Inc., and Prime Healthcare Services, Inc. TENTATIVE RULING 1. MSA Defendants East Valley Glendora Hospital, LP, C. Chang, Panpacific Health Enterprises, Inc., and Prime Healthcare Services, Inc.'s motion for summary adjudication is DENIED. Plaintiff's evidentiary objections 1-5 are sustained. Defendants East Valley Glendora Hospital, LP, C. Chang, Panpacific Health Enterprises, Inc., and Prime He...
2018.7.5 Motion to Deem Truth of Matters Specified 626
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.5
Excerpt: ...ff: The Court Reservation System (“CRS”) receipt attached to the motion indicates that it was reserved for hearing asone motion to compel further discovery responses. Plaintiff filed one motion under the reservation number 180605319939, but the motion addresses more than one separate discovery requests. Plaintiff is admonished to adhere to CRS guidelines and to file (and pay for) separate motions for each discovery vehicle at issue. This depa...
2018.7.2 Demurrer, Motion to Strike 073
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.2
Excerpt: ...Ma, LLC (“Sheng Ma”), Zhou, and Li demur to the 2 nd, 3 rd, and 5 th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. JUDICIAL NOTICE is taken of defense Ex. A. Upon demurrer, this court must disregard Defendants' evidence attached to Luan's declaration. However, this evidence can be considered upon summary judgment or trial. 2nd – 3 rd CAUSES OF ACTION VIOLATION OF CC 1102: CC 1102 et...
2018.7.2 Motion to Tax Costs 184
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.2
Excerpt: ...e trial court to determine whether attorney fees should be awarded and in what amount, an attorney should present: (1) evidence, documentary and oral, of the services actually performed; and (2) expert opinion, by the applicant and other lawyers, as to what would be a reasonable fee for such services. (Martino v. Denevi (1986) 182 Cal. App. 3d 553, 558-59.) In many cases, however, the trial court will be aware of the nature and extent of the atto...
2018.6.28 Motion to Compel Responses, to Deem Requests for Admissions Admitted 652
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.28
Excerpt: ...rogatories, (2) special interrogatories, and (3) requests for production of documents and to deem requests for admissions admitted is GRANTED. Defendant is ordered to respond to discovery within 10 days without objections. The truth of the matters in Plaintiff's request for admissions is deemed admitted. Reduced sanctions are imposed against Defendant in the sum of $1,500.00, payable within 30 days. CCP 2030.290(b) and 2031.300(b) allow the propo...
2018.6.28 Motion to Bifurcate 715
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.28
Excerpt: ...all other issues of liability and damages is DENIED without prejudice to a further review and determination by the trial judge. Defendants All American Asphalt and OTM Trucking, Inc. move to bifurcate issues pursuant to CCP 1048. The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted...
2018.6.28 Motion to Continue Trial, for Leave to Amend 940
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.28
Excerpt: ...Flores moves to continue trial and FSC per CRC 3.1332. A motion to continue trial is a disfavored motion. “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” (CRC 3.1332(a).) FSC is set for 8/6/18, and trial is set for 8/20/18. Plaintiff has retained new counsel who will be unavailable “on this date.” (Chase Decl., Par. 5.)...
2018.6.27 Application to Appoint Receiver, OSC Reeee Preliminary Injunction 342
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.27
Excerpt: ...pplicant must show, by declarations or verified pleading: 1) the nature of the emergency and the reasons irreparable injury would be suffered if no receiver was appointed; 2) a description of the property and the names and addresses of the persons in possession; 3) if the property is used as a business, facts sufficient to show the impact which appointment might have on the business, and reasonable diligence to ascertain any of the above matters ...
2018.6.27 Motion for Leave to File Complaint 414
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.27
Excerpt: ...TED. The proposed TAC is deemed filed this date. Plaintiff Aguirre moves for leave to file a Third Amended Complaint pursuant to CCP 473. “A court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleadings.” (CCP 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit am...
2018.6.27 Demurrer 848
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.27
Excerpt: ...ess the complaint is so bad that the defendant cannot reasonably respond. (Koury v. Maly's of California (1993) 14 Cal.App.4th 612, 616.) The court finds the Complaint is not so uncertain that Defendant cannot reasonably respond. Demurrer on this ground is OVERRULED. 1st CAUSE OF ACTION BREACH OF CONTRACT: The elements for a breach of contract cause of action are: (1) the contract; (2) plaintiff's performance or excuse for nonperformance; (3) def...
2018.6.26 Motion to Compel Responses 976
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.26
Excerpt: ...ries is GRANTED. Plaintiff is ordered to respond to discovery without objections within 10 days. Reduced sanctions are imposed against Plaintiff in the reasonable sum of $1,000.00, payable within 30 days. Defendant Coasts moves to compel responses to Plaintiff's form interrogatories per CCP 2030.290. CCP 2030.290(b) allows the propounding party to file a motion to compel responses to interrogatories if a response has not been received. If respons...
2018.6.26 Demurrer 117
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.26
Excerpt: ...f determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading. (CCP 430.41(a).) Defendants failed to comply with CCP 430.41. Attorney Baik declares that he sent an email to Plaintiff's counsel...
2018.6.25 Motion to Compel Further Discovery Responses 076
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.25
Excerpt: ... reserved for hearing as one motion to compel further discovery responses. While plaintiff filed one motion under the reservation number 180514313962, the motion in fact addresses four separate discovery requests for: 1) First Set of Special Interrogatories from Taxman and Much Shelist to Joseph and Veronique Hourany; 2) First Set of Special Interrogatories from Taxman and Much Shelist to Sura; 3) First Demand for Production of Documents from Tax...
2018.6.21 Petition to Compel Arbitration 742
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.21
Excerpt: ...d, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (CCP 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CC...
2018.6.21 Motion to Quash Deposition Subpoenas, for Protective Order 031
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.21
Excerpt: ...IED. No sanctions. Plaintiff Scott moves to quash deposition subpoenas CCP 1987.1. If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel ...
2018.6.20 Application for Default Judgment 610
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.20
Excerpt: ...ce of $120,699.64. Cross- complainant also acknowledges that cross-defendant made installment payments of $2,387 from June 2015 to February 2016 (i.e., 9 months); this would total $21,483.00. The amount owed, then, would appear to be $99,216.64. Cross-complainant should explain the discrepancy in Exhibit “E” to Ye's Declaration. 2. Cross-complainant has not provided the court with any receipts or other documentary evidence substantiating its ...
2018.6.20 Motion to be Relieved as Counsel 768
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.20
Excerpt: ...rkin (“Larkin”) of Smith LC seek to be relieved as counsel of record for Plaintiff John Saba (“client”). Larkin represents that the motion is being brought “for the reasons stated within California Rule of Professional Conduct 3-700(C),” but that “[t]he specific facts which give rise to this motion are confidential and required to be kept confidential pursuant to Business and Professions Code Section 6068€, Rule 3-100(A), Californ...
2018.6.19 Demurrer, Motion to Strike 434
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.19
Excerpt: ...ion on the ground that they fail to state facts sufficient to constitute a cause of action and are uncertain. 1ST – 3 RD and 5 TH CAUSES OF ACTION and MOTION TO STRIKE On 2/27/18, this court overruled Defendants' demurrer to the Defamation, Misappropriation, Negligence and UCL claims, and denied Defendants' motion to strike punitive damages. This court critically notes that Defendants once again demurred to causes of action that this court prev...
2018.6.19 Demurrer 999
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.19
Excerpt: ...2 nd cause of action. Defendants Bayview Loan Servicing, LLC and The Bank of New York Mellon demur to all causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. 1ST and 3 rd CAUSES OF ACTION VIOLATION OF CC 2923.6(f) and CC 2924.10: When a pending action rests solely on a statutory basis, and when no rights have vested under the statute, a repeal of the statute without a saving clause will termina...
2018.6.18 Motion to Enforce Settlement Agreement 633
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.18
Excerpt: ...to enforce a settlement and settlement agreement reached at a Mandatory Settlement Conference per CCP 664.6. If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the...
2018.6.14 Motion for New Trial 575
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.14
Excerpt: ... and decision by judge or jury. (CCP 656, 657.) Since the right to a new trial is purely statutory, exact compliance is required with the procedural steps for making and determining a motion for new trial. Any significant departure from the procedural requirements deprives the trial court of power to grant the motion. The grounds for new trial are also entirely statutory and, thus, the motion must be based on one or more of the following statutor...
2018.6.13 Demurrer 685
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.13
Excerpt: ...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.) The court finds the Answer reasonably gives notice to Plaintiffs of Defendant's defenses. Demurrer on this ground is OVERRULED. 2nd – 3 rd Affirmative Defenses Claims presentation and failure to file government tort claims: Plaintiffs contend they filed the requ...
2018.6.12 Motion to Compel Responses 065
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.12
Excerpt: ...ED. Defendants Fang and Pan are ordered to serve further responses within 10 days. Reduced sanctions are imposed against Defendants Fang and Pan, jointly and severally, in the sum of $3,000.00 payable within 30 days. Plaintiff Pei Yi, LLC moves to compel further responses to discovery pursuant to CCP 2030.300 and 2031.310. CCP 2030.300 and 2031.310 allow a party to file a motion compelling further answers to interrogatories and document requests ...
2018.6.7 Motion to File Complaint 777
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.7
Excerpt: ...roper, allow a party to amend any pleadings.” (CCP 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) A separate declaration must accompany the motion and must specify: (1) The effect of the amendment; (2) Why the amendment is necessa...
2018.6.6 Motion to Reopen Discovery 993
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.6
Excerpt: ...ates above; or, it may reopen discovery after the trial has been continued to a new date. (CCP § 2024.050(a); see Pelton Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1588.) The motion should be accompanied by declarations covering the factors identified below, plus facts showing “a reasonable and good faith attempt” to resolve the matter informally. (CCP 2024.050(a).) In exercising its discretion t...
2018.6.6 Motion for Summary Judgment, Adjudication 205
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.6
Excerpt: ... 1. Queen/PAC's MSJ Defendants Queen and Pomona Auto Center's motion for summary judgment, or alternatively, summary adjudication as to plaintiff's complaint and TriCoast Builders Inc.'s cross-complaint is DENIED. Zavala's joinder in TriCoast Builders, Inc. (“TriCoast”)'s Opposition is defective because he failed to submit an opposing Separate Statement in violation of CCP 437c(3)(b)(3). Such opposition will not be considered. TriCoast's Obje...
2018.6.4 Motion for Summary Adjudication 449
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.6.4
Excerpt: ...057004c00520051>s for summary adjudication are DENIED. Defendant Southern California Edison Company (“Edison”) moves for summary adjudication of the Inverse Condemnation issue pursuant to CCP 437c. [Because both of Edison's MSAs to the Allstate and Farmers' Complaints are identical, this court will analyze both motions together in the interest of judicial efficiency.] Standard A defendant moving for summary judgment/adjudication has met his b...
2018.5.31 Demurrer 711
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.31
Excerpt: ...action and is uncertain. [The court critically notes that County's demurrer is 27 pages, in violation of the 15-page limit per CRC 3.1113. In response to Plaintiff's objection, County filed a declaration, seeking relief under CCP 473 because its lengthy demurrer needed to cover all the Code sections and defenses afforded to public entities. This relief should have been sought prior to filing the demurrer, not as a post hoc justification. Further,...
2018.5.31 Demurrer 860
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.31
Excerpt: ...and Carrington Foreclosure Services, LLC demur to all causes of action in the FAC on the ground that they fail to state facts sufficient to constitute a cause of action. 1st CAUSE OF ACTION CC 2923.5: An action for liability created by statute is governed by the 3 year statute of limitations per CCP 338. Par. 24 alleges that the Notice of Default was recorded on 3/19/14. However, Plaintiff did not file the action until 12/5/17, which is beyond th...
2018.5.30 Demurrer 353
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.30
Excerpt: ...wers within 10 days. Defendants Dhaliwal and Femcare Medical Associates of Inland Valley, Inc. (“Femcare”) demur to all causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. FEMCARE Defendant Femcare contends that the claims against it are defective because it is an artificial entity that is prohibited from practicing medicine. However, a medical group employing doctors may be liable under vi...
2018.5.30 Motion for Leave to File Complaint 183
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.30
Excerpt: ...uant to CCP 473. “A court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleadings.” (CCP 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Plaintiff proposes to add to Par. 13 the al...
2018.5.29 Demurrer 647
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.29
Excerpt: ...fs regarding any grounds warranting leave to amend. If leave to amend is granted, and Ace files another demurrer, Ace is reminded of its duty to meet and confer by telephone or in person for each successive demurrer. (See CCP 430.41 and Poltrock Decl., Par. 5.) Defendant Ace Hardware Corporation (“Ace”) demurs to all causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. STANDING Defendant con...
2018.5.24 Demurrer 492
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.24
Excerpt: ...Defendants Specialized Loan Servicing, LLC and Wells Fargo Bank, N.A. demur to all causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. JUDICIAL NOTICE is taken of Defendants' exhibits. 1st CAUSE OF ACTION PROMISSORY ESTOPPEL: The elements are: 1) promise; 2) which the promisor should reasonably expect to induce action or forbearance; 3) of a definite and substantial character; 4) on the part of...
2018.5.24 Motion to Set Aside, Vacate Dismissal 625
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.24
Excerpt: ...urt shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his o...
2018.5.22 Demurrer, Motion to Strike 926
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.22
Excerpt: ...s-Defendant Cong demurs to all causes of action in the FAXC on the ground that they fail to states facts sufficient to constitute causes of action. STATUTE OF LIMITATIONS A demurrer on the ground of the bar of the statute of limitations will not lie where the action may be, but is not necessarily barred. (Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4 th 875, 881.) It must appear clearly and affirmatively that...
2018.5.22 Application for Default Judgment 181
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.22
Excerpt: ...ing, the default will be granted. Otherwise, the matter will be continued to allow for such. Further, when cured the court approves the bonds but denies the request to <004f0003004c0051004700 0057004b004400570003>may be issued by the City from time to time for similar purposes.” City does not have authority to issue further bonds from time to time without a validation hearing. Relevant statutory authorities: A public agency may upon the existen...
2018.5.22 Demurrer, Motion to Strike 679
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.22
Excerpt: ...as to the 3 rd cause of action. Defendants Yeh and Sootodeh demur to the 2 nd, 3 rd, and 6 th causes of action on the ground that they fail to states facts sufficient to constitute causes of action. 2ND CAUSE OF ACTION BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING: The elements are: 1) Existence of contractual relationship; 2) implied duty; 3) breach; and 4) causation of damages. (E.g., Smith v. San Francisco (1990) 225 Cal.App.3d 38,...
2018.5.21 Motion to Compel Compliance with Deposition Subpoena 815
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.21
Excerpt: ...non-party Access Control Security in the sum of $500.00, payable within 30 days. Defendant KDF Claremont LP moves to compel non-party witness Access Control Security's compliance with deposition subpoena pursuant to CCP 2025.480. (a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subp...
2018.5.21 Petition to Compel Arbitration 742
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.21
Excerpt: ...o submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (CCP 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that...
2018.5.17 Motion to Compel Further Responses 535
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.17
Excerpt: ...1-2. Defendant Shamrock Escrow Services, Inc.'s discovery motions are GRANTED. Plaintiff is ordered to file supplemental responses within 10 days. Reduced sanctions are imposed against Plaintiff and counsel, jointly and severally, in the sum of $2,500.00 payable within 30 days. Defendant Shamrock Escrow Services, Inc. moves to compel further responses to discovery pursuant to CCP 2030.300 and 2031.310. CCP 2030.300 and 2031.310 allow a party to f...
2018.5.17 Motion to Compel Mental Exam, to Compel Compliance 384
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.17
Excerpt: ...TED. No sanctions. Defendant Pomona Valley Hospital Medical Center moves to compel Plaintiff's mental examination pursuant to CCP 2032.310. (a) If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court. (b) A motion for an examination under subdivision (a) shall specify the time, place, manner, cond...
2018.5.16 Motion to Quash Subpoena 703
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.16
Excerpt: ...he subpoena for production of business records served on JPMorgan Chase Bank. If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notic...
2018.5.15 Demurrer 317
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.15
Excerpt: ...the complaint does not state facts sufficient to constitute a cause of action. VIOLATION OF HOMEOWNERS' BILL OF RIGHTS: A mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent may not record a notice of default pursuant to Section 2924 until all of the following: (1) The mortgage servicer has satisfied the requirements of paragraph (1) of subdivision (b). (2) Either 30 days after initial contact is made as required by paragraph ...
2018.5.15 Application to Vacate Default, Judgment 068
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.15
Excerpt: ...(b). The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within ...
2018.5.14 Motion to Strike 550
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.14
Excerpt: ...improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP 436.) The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice (e.g., the court's own files or records). (CCP 437.) The court finds the complaint fails to allege any f...
2018.5.14 Demurrer 782
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.14
Excerpt: ... [The court notes that the 1 st cause of action is directed against “Sergio Jose Siderman,” who does not appear to be a party Defendant. Is the addition of “Siderman” a scrivenor's error? If so, the Court will order the Clerk to strike “Sergio Jose Siderman” from the 1 stcause of action.] Defendants Wong and Law Offices of Lee & Wong demur to the all causes of action on the grounds that they fail to state facts sufficient because they...
2018.5.14 Motion for Judgment on the Pleadings 998
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.14
Excerpt: ...ervicing, LLC moves for judgment on the pleadings on the ground that the complaint does not state facts sufficient to constitute a cause of action. 1st CAUSE OF ACTION VIOLATION OF CC 2934(a)(1): Par. 18 alleges that there was no Substitution of Trustee recorded in favor of MTC Financial Inc. at the time the NOD was recorded. However, judicially noticeable documents establish a Substitution of Trustee was recorded on 11/7/17, substituting Trustee...
2018.5.11 Demurrer, Motion to Strike 863
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.11
Excerpt: ...are uncertain. Defendant also moves to strike punitive damages. STATUTE OF LIMITATIONSA demurrer on the ground of the bar of the statute of limitations will not lie where the action may be, but is not necessarily barred. (Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4 th 875, 881.) It mustappear clearly and affirmatively that, upon the face of the complaint, the right of action is necessarily barred. (Id.) Def...
2018.5.11 Claim of Exemption 717
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.11
Excerpt: ...as to No. 1 and sustained as to Nos. 2 and 3. Judgment Debtor's evidentiary objections based on “argument” contained in the declaration are sustained. Judgment Debtor claims an exemption per CC 5620(a). (a) The claim of exemption and notice of opposition to the claim of exemption constitute the pleadings, subject to the power of the court to permit amendments in the interest of justice. (b) At a hearing under this section, the exemption claim...
2018.5.10 Motion to Quash Service of Summons 940
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.10
Excerpt: ...ime to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (CCP §418.10(a)(1).) When a nonresident defendant challenges personal jurisdiction the burden shifts to the plaintiff to demonstrate by a preponderance of the evidence that all necessary jurisdictional criteria are met. (Jewish Defens...
2018.5.10 Motion for Summary Judgment, Adjudication 049
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.10
Excerpt: ...y adjudication pursuant to CCP 437c. A defendant moving for summary judgment/adjudication has met his burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP 437c(p)(2).) OBJECTIONS Plaintiff's evidentiary objections are overruled. Defendant's evidentiary Objections 1, 2, and 4-7 are overruled, and the remaining objections are sustained. ISSUE 1...
2018.5.9 Motion for Relief from Default, Application for Default Judgment 731
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.9
Excerpt: ...tiff's application for default judgment is MOOT. Defendant Urban Styles Furniture Corp. moves to set aside default judgment pursuant to CCP 473(b). The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by...
2018.5.9 Motion to Tax Costs 575
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.9
Excerpt: ...tatute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (CCP 1032(b).) The losing party may dispute any or all of the items in the prevailing party's memorandum of costs by a motion to strike or tax costs. (CRC 3.1700(b).) If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. (Ladas v. ...
2018.5.9 Motion to Quash Writ of Attachment, Vacate Order, Disimss 375
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.9
Excerpt: ...ee Likom Caseworks USA Inc. (“Likom USA”) moves to quash the writ of attachment on the ground that the court lacks jurisdiction. (a) Any defendant whose property has been attached pursuant to a writ issued under this chapter may apply for an order (1) that the right to attach order be set aside, the writ of attachment quashed, and any property levied upon pursuant to the writ be released, or (2) that the amount to be secured by the attachment...
2018.5.9 Motion to Compel Responses 466
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.9
Excerpt: ...SES TO REQUESTS FOR PRODUCTION <004800560003002c005100 460011> TENTATIVE RULING 1-3. Discovery Motions Defendant E4C Technologies, LLC's motions to compel responses and further responses to discovery are GRANTED. Plaintiff is ordered to file supplemental responses without objections within 10 days. Reduced sanctions are imposed against Plaintiff and counsel, jointly and severally, in the sum of $3,500.00, payable within 30 days. Defendant E4C Tec...
2018.5.9 Motion for Summary Judgment 031
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.9
Excerpt: ...e has no merit as a matter of law. (CCP §§ 437c(a)), 1170.7.) The party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that it is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) Thus, a plaintiff moving for summary judgment bears the burden of persuasion that each element of the cause of action in question has been “prov...
2018.5.8 Motion to Enforce Further Responses 777
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.8
Excerpt: ...y to file a motion compelling further answers to interrogatories if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP 2030.300(b).) On 2/21/17, this court ordered Defendant to comply with Plaintiffs' discovery request. Defendant provided the information in a .pdf format. Plaintiffs request that ...
2018.5.8 Motion to be Relieved as Counsel 479
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.5.8
Excerpt: ...py of the signed order on the client is filed with the court. Good cause exists to grant the motion based on any of the grounds under Rule 3‐700(C). Rule 3‐700(c) provides that an attorney may withdraw based on any of the following: (1) The client (a) insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by good faith argument for an extension, modification, or reversal of existing law, or...
2018.4.9 Demurrer 535
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.4.9
Excerpt: ... ordered to file and serve its Answer within 10 days. Cross-Defendant Lee's demurrer is SUSTAINED. The court will hear from Cross- Complainant regarding any grounds warranting leave to amend. Cross-Defendants Highland Investment Group, Inc. and Lee demur to all causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. Cross-Defendant Lee A salesman is only an agent of his principal; and as an agent, ...
2018.4.9 Demurrer 311
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.4.9
Excerpt: ...ered to file and serve their Answers within 10 days. Defendants Tahim and Tredway, Lumsdaine & Doyle (“TLD”) demur to the 5 th – 7th causes of action on the grounds that they fail to state facts sufficient and are uncertain. EXHIBIT 9 “Evidence that a person has, in compromise or from humanitarian motives, furnished or offered or promised to furnish money or any other thing, act, or service to another who has sustained or will sustain or ...
2018.4.5 Motion to Continue Trial 811
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.4.5
Excerpt: ... the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” (CRC 3.1332(a).) Defendant fails to demonstrate good cause for the continuance. Defendant states that additional discovery is required, but Defendant fails to demonstrate that it was diligent in seeking this information and through no fault of its own, it was prevented from obtaining the ...
2018.4.5 Motion to Compel Deposition 211
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.4.5
Excerpt: ...30 days. Defendant Smith moves to compel non-party Custodian of Records on behalf of Ruiz <0014001c001b001a001100 140011> If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court...

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