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...

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...

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...

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...

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...

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...

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...

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 ...

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...

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...

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...

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 ...

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...

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...

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...

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...

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...

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.)...

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...

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...

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...

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...

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...

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...

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...