Excerpt: ...d the relative interim harm to the parties from the issuance or nonissuance of the injunction. A trial court may not grant a preliminary injunction, regardless of the balance of interim harm, unless there is some possibility that the plaintiff would ultimately prevail on the merits of the claim. (Hunt v. Superior Court (1999) 21 Cal. 4th 984, 999-1000.) Proof of facts is ordinarily made by affidavits or declarations. (CCP 2009.) Plaintiff moves f...

Excerpt: ...an through counsel, the matter will be set in 45 days for an OSC re: new counsel or dismissal of the complaint for failure to proceed with proper representation. Current counsel to give notice of OSC date with service of the signed order and to defendant as well. 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...

Excerpt: ...eh and Wei move for leave to file a Cross-Complaint pursuant to CCP 473. The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (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 ...

Excerpt: ... is not a licensed contractor, but provides no documentary evidence in support of this assertion. Plaintiff does not attest as to the scope of the work defendant allegedly completed. Plaintiff alleges that defendant completed approximately 15% of the remodeling project (Complaint, ¶¶ 15 and 17). The parties' agreement does not set forth a completion date. Plaintiff does not explain why it cost him $122,838.48 in labor and materials to complete ...

Excerpt: ... misuse of the discovery process, the court may impose monetary sanction, issue sanction, evidence sanction, terminating sanction, and contempt sanction. (CCP § 2023.030.) The sanctions the court may impose are such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but the court may not impose sanctions which are designed not to accomplish the objects of discovery but to impose p...

Excerpt: ...ty to amend any pleading. (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 > On 10/11/17, the Complaint was filed by Shek G. Chau (“Shek”), an individual and Trustee of the Man Ying Chau Family Trust. U...

Excerpt: ...oceeding 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 a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. (CCP 473(b).) The burden of proof...

Excerpt: ...n 30 days. Plaintiff Gu moves to compel further responses to requests for production of documents, set ten 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 shall be accompanied with a meet and confer declaration. (CCP 2031.310(b).) Doc...

Excerpt: ...ion action may be commenced and maintained by any of the following persons: (1) A coowner of personal property. (2) An owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. (CCP 872.210(a).) A holder of an equitable title may sue to establish his or her right and to obtain a division of the <00260044004...

Excerpt: ...otion for Release from Waiver Defendant Insurance Claim Services 1's motion for relief from waiver of objections is GRANTED. Defendant Insurance Claim Services 1 moves for relief from waiver of objections pursuant to CCP 2031.300. The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:(1) The party has subsequently served a response that is in substantial compliance�...

Excerpt: ...onfer. The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (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 > The court finds that judicial eff...

Excerpt: ...summary judgment, or in the alternative summary adjudication is DENIED. Defendant's evidentiary objections are overruled. Defendant Garey Capital, LLC (“Garey”) moves for summary judgment and/or adjudication of issues per CCP 437c. 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...

Excerpt: ...All parties and their counsel must regard the date set for trial as certain.” (CRC 3.1332(a).) Defendant failed to demonstrate good cause for the continuance. Defendant states that they did not have an opportunity to fully examine Plaintiff at deposition, but in response plaintiff indicates the discovery has now been completed and that reason is now moot. Since the motion was filed, Defendants have concluded two more days of Plaintiff's deposit...

Excerpt: ...CERTAINTY: 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 the relief is not so uncertain that Defendants cannot reasonably respond. INJUNCTIVE RELIEF: “Injunctive relief is a remedy and not, in itself, a cause of action, and a cause of action must exist before injunctive relief ma...

Excerpt: ... add damages allegations. The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (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 > Plaintiff wish...

Excerpt: ...ff's request for admissions is deemed admitted. Reduced sanctions are imposed against Defendants, jointly and severally, in the sum of $2,000.00, payable within 30 days. CCP 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP 2030.290(a) and 2031.300(a).) CCP 2033...

Excerpt: ...damages. (Reichert v. General Ins. Co. (1968) 68 Cal.2d 822, 830.) In alleging a breach of contract cause of action, it is necessary to specify whether the contract is written, oral or implied by conduct. (CCP 430.10(g).) In order to plead a written contract (the first element listed above), a plaintiff must, in addition to alleging the making of the contract, do one of the following: (1) set forth the contract in haec verba; or (2) plead the con...

Excerpt: ...d 5/3/16, asserts causes of action for: 1. Negligence 2. Negligent Hiring, Supervision, and Retention 3. B&P 17200 4. NIED 5. IIED 6. Battery 7. Assault Trial is set for 6/12/18. Defendants' evidentiary objections are sustained. Defendants Foothill Pizza, Inc. and Gibson move for summary judgment and/or adjudication of issues per CCP 437c. A defendant moving for summary judgment/adjudication has met his burden of showing a cause of action has no ...

Excerpt: ...ctions are imposed against Plaintiff in the sum of $1,000.00, payable within 30 days. Plaintiff Travelers Property Casualty Company of America moves to compel responses to Defendant's form and special 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 responses are untimely, responding party waives objections. (CCP 2030.290(...

Excerpt: ...dered as provided for by statute. (CCP 489.220.) The claim is for money, and based upon a written agreement, whose total sum is more than $500. The claim is supported by thedeclaration of Karen Tennant, VP Risk Manager of Eastern Funding LLC. The claim arises out of a debt owed by defendant's business. The claim is proper. A claim has "probable validity" where "it is more likely than not that the plaintiff will obtain a judgment a...

Excerpt: ... by joinder)'s MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE Respondent: Plaintiff Scott TENTATIVE RULING 1. Plaintiff's Motion for Release from Waiver Plaintiff Scott's motion for relief from waiver of the attorney-client privilege is GRANTED. Plaintiff Scott moves for relief from waiver of objections pursuant to CCP 2031.300. The court, on motion, may relieve that party from this waiver on its determination ...

Excerpt: ...ment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order. (CCP 473(d).) Procedural History On 5/26/09, Plaintiff obtained a default judgment against Zhen Hai Wu (“Zhen Hai”) and Wei Niu. On 6/5/09, just 10 days after the judgment was entered, Zhen Hai transferred the La Puente property to Defendant Daria Wu (“Daria”). <0096008b00910090000300 000700830094008b0083>, all...

Excerpt: ...e the least restrictive means to satisfy the state's interest in the information and protect First United's privacy interest, the production shall be made in accordance to a protective order for “attorney's eyes only.” No sanctions. Defendant's evidentiary objections are overruled. Defendant First United Investment LLC moves to quash the subpoena for production of business records served on Royal Business Bank and American First National Bank...

Excerpt: ...ruled. Defendant Ho moves for judgment on the pleadings on the ground that Plaintiffs lack standing to bring the claims, and the 1 st cause of action is barred by the statute of limitations. 3RD – 7 th CAUSES OF ACTION STANDING: A complaint must be filed by a real party in interest. (CCP 367.) Generally, the real party in interest is the person who has the right to sue under the substantive law. It is the person who owns or holds title to the c...

Excerpt: ...greement, giving Plaintiff the right to immediate possession of the collateral upon default. (Vang Decl, ¶ 5.) Defendant defaulted. (Vang Decl., ¶ 6.) The contract describes the property as 2015 Nissan Altima. (Vang Decl., ¶ 5.) The property is not being seized pursuant to an execution or attachment. (Vang Decl., ¶ 9.) The property is believed to be located at 1170 W. Masline Street, Covina, CA. (Vang Decl., ¶ 10.) Based on Plaintiff's decla...

Excerpt: ...he plaintiff's cause of action cannot be established. (CCP 437c(p)(2).) Defendant contends Plaintiffs' claims are barred because Plaintiffs released their claims. Defendant submits the following evidence: Plaintiffs signed four separate, valid, enforceable general releases covering all conceivable damages arising from Lin's work for six of Plaintiffs' clients. (Defense Separate Statement (DSS) 6-9.) The release provides, “In consideration of th...

Excerpt: ...filed an ADA Complaint (BC649472). On 1/24/18, the court consolidated both Complaints, asserting the following causes of action: 1. Motor Vehicle 2. Negligence 3. CC 51 4. Violation of ADA Defendant First Transit, Inc. moves for summary judgment on Plaintiff's ADA complaint 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 e...

Excerpt: ...onses is GRANTED. Defendant Aguirre is ordered to provide further responses without objections within 10 <00570003004c0051000300 00520049000300070018>00.00, payable within 30 days. Plaintiff Hanson moves to compel further responses to special interrogatories. CCP 2030.300 allows a party 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 respons...

Excerpt: ...e; Neglect – elder abuse. The Civil Case Cover sheet Shows this a Personal Injury case, but the work sheet improperly indicates the matter is a “petition” [to prevent] elder abuse. Regardless under LASC Rule 2.3(a)(1) the complaint requires mandatory filing in the Central District and was improperly filed directly in this District. Plaintiff's counsel is admonished to file all Personal injury cases directly in the Central District. Because ...

Excerpt: ...laint is OVERRULED as to the 4 th cause of action, and SUSTAINED without leave to amend as to the 6 th – 7 th causes of action. Defendant Infinity Construction and Design, Inc.'s motion to strike is DENIED. Defendant is ordered to file and serve its Answer within 10 days. Defendants Infinity Construction and Design, Inc. and Neuman demur to the 4 th, 6 th, and 7 th causes of action on the grounds that they fail to state facts sufficient to cons...

Excerpt: ...pliance 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 subpoena, the party seeking discovery may move the court for an order compelling that answer or production. (b) This motion shall be made no later than 60 days after the compl...

Excerpt: ...ayable to Plaintiffs within 30 days. Plaintiff PA One, LLC (and Defendant Ho, by joinder) moves to compel Vanessa Van Holland's deposition pursuant to CCP 2025.450. If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to a...

Excerpt: ...to compel further responses to special interrogatories, set two pursuant to CCP 2030.300. CCP 2030.300 allows a party 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).) Special Interrogatories Nos. 38-45, and 47: The ...

Excerpt: ...nction, issue sanction, evidence sanction, terminating sanction, and contempt sanction. (CCP § 2023.030.) The sanctions the court may impose are such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but the court may not impose sanctions which are designed not to accomplish the objects of discovery but to impose punishment. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 C...

Excerpt: ... Plaintiff's complaint on 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.) Plaintiff filed a complaint captioned “Grand Slam with greater than 5 causes” on 9/13/17. On 10/30/17 and 1/30/18, Plain...

Excerpt: ...ule 3.1384(a). “An order for the deposit of funds of a minor or a person with a disability, and a petition for the withdrawal of such funds, must comply with rules 7.953 and 7.954.” CRC Rule 3.1384(b). Petitioner has complied. The amount of the settlement is reasonable in light of the nature of the harm. “If the petitioner has been represented or assisted by an attorney in preparing the petition to compromise the claim or in any other respe...

Excerpt: ... 473(d) and 473.5 and the court's inherent equitable powers, for an order setting aside the default and any judgment thereon taken against it and to recall and quash any writs of execution that may have been issued to enforce the judgment, on the basis that the default judgment is void. Defendant contends that service of the summons here did not result in actual notice to it in time to defend the action. Defendant claims that Plaintiff Vians, LLC...

Excerpt: ...AL NOTICE: Defendant Prime Shipping International, Inc. dba Prime Agency's (“defendant”) request for judicial notice (“RJN”) is ruled on as follows: Grant as to Exhibit “1” (i.e., California Secretary of State “Business Search – Entity Detail” printout for Plaintiff US Lines, LLC (“US Lines”) from 1/29/18) and Grant as to Exhibit “2” (i.e., Los Angeles County Superior Court website “Case Summary” printout from 1/25/1...

Excerpt: ... counsel of record for Defendant/Cross-Complainant/Cross-Defendant, Perfection Pen, LLC. “A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel--Civil (form MC-051).” Rules of Court Rule 3.1362(a). “Notwithstanding any other rule of court, no memorandum is required to be filed or served ...

Excerpt: ...n is needed that M. Reyes has not received any of these rental payments. 2. Plaintiff is self-represented. Plaintiff has not provided the court with any legal authority substantiating her entitlement to reimbursement of costs for document preparation assistance services, nor is the court aware of any. This is not an unlawful detainer action; rather, it is a breach of contract action based on defendants' alleged failure to pay rent. It is unclear ...

Excerpt: ...TER Respondent: Defendant, Pomona Valley Hospital Medical Center. BACKGROUND Plaintiff alleges that Ali Mesiwala, M.D. (“Mesiwala”) is liable for personal injury damages allegedly caused by an unnecessary and improperly performed bilateral IS fusion surgery on 2/25/13 and an L5-S1 ALIF surgery on 5/6/13. The complaint was filed 5/10/17. The First Amended Complaint, filed 6/7/17, asserts causes of action against Defendants Ali Mesiwala, M.D., ...

Excerpt: ...s of CCP §§ 425.55 and 391.3 and Government Code § 70616.5. “The Legislature finds and declares all of the following: (1) Protection of the civil rights of persons with disabilities is of the utmost importance to this state, and private enforcement is the essential means of achieving that goal, as the law has been designed. (2) According to information from the California Commission on Disability Access, more than one-half, or 54 percent, of...

Excerpt: ...of the work defendant allegedly completed. Plaintiff alleges that defendant completed approximately 15% of the remodeling project (Complaint, ¶¶ 15 and 17). The parties' agreement does not set forth a completion date. Plaintiff does not explain why it cost him $122,838.48 in labor and materials to complete a remodeling project for which defendant had charged $82,500.00 and completed 15%. He does not confirm that the scope of the work performed ...

Excerpt: ...ING 1-2. Plaintiffs C., O., and A. Reilly's motions for order permitting discovery of defendants' financial condition pursuant to CC 3295 are DENIED. Plaintiffs C. O. and A. Reilly move for an order permitting discovery on Defendants' financial condition per CCP 3295. No pretrial discovery by the plaintiff shall be permitted with respect to the evidence referred to in paragraphs (1) and (2) of subdivision (a) unless the court enters an order perm...

Excerpt: ...ained in his affidavit. (Snider v. Snider, supra, 200 Cal.App.2d 741, 748; House v. Lala, 180 Cal.App.2d 412, 416 [4 Cal.Rptr. 366].) Kramer v. Barnes, 212 Cal. App. 2d 440, 446, 27 Cal. Rptr. 895 (Ct. App. 1963) Wilmington Trust, National Association v. Kerr, et al. (KC068912) Plaintiff Wilmington Trust, National Association's MOTION FOR SUMMARY JUDGMENT Respondent: 1. Defendant KM Investment Group, Inc. 2. Defendant Escoto 3. Defendant Kerr TEN...

Excerpt: ... Ma”) demurs 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. 2nd – 3 rd CAUSES OF ACTION VIOLATION OF CC 1102: CC 1102 et.seq. requires a seller of real property to disclose known material defects that would impact the price of the real property to the buyer. When the seller's real estate agent or broker is aware of facts materially affecting the value or...

Excerpt: ... the sum of $1,774.00 appeared excessive, and it was unclear what is included in “other/investigation” fees or any supporting documentation for the process server's fees. Plaintiff again fails to submit any substantiation, further explanation or documentation addressing the court's previous queries but simply states “The true and correct total of costs for attempting to effect service of process on Defendant Payroll Staffing is $3371.43.”...

Excerpt: ...owing 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).) The duty owed by a medical provider is established by the standard of care followed by other medical providers in the same or similar community. “Expert evidence in a medical malpractice suit is conclusive as to the proof of the prevailing skill and learning in the locality and of the pr...

Excerpt: ...rom further liability involving the rights and obligations of the parties to this action arising out of the Contractor's State License Bond in the sum of $12,500.00. Where the only relief sought against one of the defendants is the payment of a stated amount of money alleged to be wrongfully withheld, such defendant may, upon affidavit that he is a mere stakeholder with no interest in the amount or any portion thereof and that conflicting demands...

Excerpt: ... 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 (b) seeks to pursue an illegal course of conduct, or (c) insists that the member pursue a course of conduct that is illegal or th...

Excerpt: ...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 (b) seeks to pursue an illegal course of conduct, or(c) insists that the member pursue a course of conduct that is illegal or that is prohibit...

Excerpt: ...number 180223292398, but the motion addressesfour separate discovery requests for: 1) Request for Production; 2) Request for Admission; 3) Special Interrogatory Demands; and 4) Form Interrogatories. (Motion, 3:6-7.) Plaintiff is admonished to adhere to CRS guidelines in any future filings and to file (and pay for) separate motions for each discovery vehicle at issue. This department sets limits via the CRS system on the number and types of motion...

Excerpt: ...ant to this section. Reasonable attorney's fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiff's prosecution of the action was not in good faith. (CC 1780(e).) On 2/22/18, the court entered judgment in favor of Cross-Complainant Cheung and against Cross-Defendant LT Motorwerks, Inc. The court's oral decision of 1/29/18 found that “Cross- Defendant violated Civil Code section 1770 “CRLA Act.” As the p...

Excerpt: ...eached 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).) The demurring party shall file and serve with the demurrer a declaration stating either of the following: (A) The means by which the demurring party met an...

Excerpt: ...or summary judgment based on damages. Summary adjudication of Issue 2 as to Michael's Negligence is MOOT; Summary adjudication of Issue 2 as to Robert's Negligence is DENIED if MSA re: damages is Denied; and Summary adjudication of Issues 3-6 is DENIED if MSA re: damages is denied. If MSA re: damages is granted, summary adjudication of Issue 4 accounting is Denied Defendants Robert Ebiner (“Robert”) and Michael Ebiner (“Michael”) move for...

Excerpt: ...t it fails to state facts sufficient and is uncertain. JUDICIAL NOTICE is taken of Defendants' exhibit. However, the issues on demurrer cannot be decided on the basis of this document alone. 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 the complaint is not so uncertain...

Excerpt: ...erties, LLC move to strike and/or tax Plaintiff's memorandum of costs. 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 Rule 870(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. California State Automotive Assoc. (1993) 19 Cal...

Excerpt: ...Civil form (MC-051). (CRC 3.1362(a).) The motion to be relieved as counsel shall be accompanied by a declaration on the declaration in support of attorney's motion to be relieved as counsel--Civil Form (MC-052). The declaration shall state in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under CCP 284(2) is brought instead of filing a consent under CCP 284(1). (CRC 3.1362(c).) Here...

Excerpt: ...set Management, and The Oaks-Antelope Valley, LLC's MOTION TO COMPEL RESPONSES TO REQUEST FOR SPECIAL INTERROGATORIES Respondent: Plaintiff Matax, LLC TENTATIVE RULING 1-3. Defendants Himlin, Himlin Realty Asset Management, and The Oaks-Antelope Valley, LLC's are MOOT. Sanctions are imposed against Plaintiff in the sum of $3,367.50, payable within 30 days. Defendants Himlin, Himlin Realty Asset Management, and The Oaks-Antelope Valley, LLC's move...

Excerpt: ... the Clerk of the Court within 30 days, and $500, payable to Plaintiff within 30 days, receipt of payment to be filed with this court. (CCP 473(c)(1)(A) and (C).) Defendants' Answer is deemed filed this date. Defendants Hsieh, Wei, Zhang, Zmax USA Inc., AZBO Group Inc., and Greenway Industries, Inc. move to set aside entry of default per CCP 473(b). The court shall, whenever an application for relief is made no more than six months after entry of...

Excerpt: ...ly specific actions alleged against Defendant Hurtado is that she is the Manager of the Pacific Villa Senior Apartment Complex; that her office issued a parking sticker to Plaintiff on 11/24/15; and she told Plaintiff that he was given two weeks' notice before his vehicle was towed. (Complaint, Pars. 3, 15, 19.) The complaint then alleges that all Defendants initiated a conspiracy to dispossess assets of the residents. 1st CAUSE OF ACTION: EXTORT...

Excerpt: ...in the sum of $3,019.95, payable within 30 days. If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described ...

Excerpt: ..., 616.) 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) defendant's breach; and (4) resulting damages. (Reichert v. General Ins. Co. (1968) 68 Cal.2d 822, 830.) In alleging a breach of contract cause of action, it is necessary to specify whether the contract is written, oral or implied by conduct. (CCP 430.10(g).) In order to plead a wri...

Excerpt: ...h, Inc. contends it is entitled to summary judgment/adjudication on the following grounds: 1) The 3-day Notice is defective and 2) iFresh claims as a defense that Plaintiff breached the Lease by failing to provide iFresh with Furniture, Fixtures & Equipment (“FF&E”) and failed to adequately repair and maintain the units. A defendant moving for summary judgment/adjudication has met his burden of showing a cause of action has no merit if the de...

Excerpt: ...states that Plaintiff owes unpaid monthly payments from 1/1/10 through and including 8/11/10. (DSS 9.) This Agreement requires Plaintiff to make certain payments on the due dates in "Attachment A." Where is Attachment A? 2. A month later, on 9/24/10, Aurora sent Plaintiff another letter, stating that Plaintiff "successfully made several payments in accordance with [Aurora's] foreclosure alternative option payment arrangement" and wanted to offer ...

Excerpt: ... $510.00. In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other ...

Excerpt: ...person or by telephonewith the party who filed the pleading that is subject to demurrer for the purpose of 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).) While D...

Excerpt: ...e 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 (b) seeks to pursue an illegal course of conduct, or (c) insists that the member pursue a course of conduct that is ille...

Excerpt: ... 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 California (1993) 14 Cal.App.4th 612, 616.) The court finds the complaint is not so uncertain, that Defendant cannot reasonably <0056000300320039002800 3500350038002f002800270011> DANGEROUS CONDITION: A dangerous condition is a conditi...

Excerpt: ... Doe 3. Defendant Landerville's MOTION FOR AN ORDER COMPELLING PLAINTIFF CHELSEA SHELTMAN TO PROVIDE FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND FOR SANCTIONS Respondent: Plaintiffs Jane and John Doe 4. Defendant Landerville's MOTION FOR AN ORDER COMPELLING PLAINTIFF KIT SHELTMAN TO PROVIDE FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND FOR SANCTIONS Respondent: Plaintiffs Jane and John Doe TENTATIVE RULING 1-4. Defenda...

Excerpt: ...ds 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 so uncertain, Defendant cannot reasonably respond. The complaint does not set forth sufficient facts to apprise Defendant as to the nature of the claim asserted. It appears that Plaintiff is seeking a refund of fees, but the claim also ...

Excerpt: ...ndant 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).) Issues 1-10 A complaint must be filed by a real party in interest. (CCP 367.) Generally, the real party in interest is the person who has the right to sue under the substantive law. It is the person who owns or holds ti...

Excerpt: ...ustained – but even if considered would not alter the court's ruling. Defendants Domino's Pizza LLC and Domino's Pizza Franchising LLC move for summary judgment and/or adjudication of issues per 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).) Issue ...

Excerpt: ...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 a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. (CCP 473(b).) The burden of pro...

Excerpt: ...f general causation. Defendant cites various out-of-state and federal cases, requiring Plaintiffs to establish certain elements of their claims early in the litigation to reduce potential litigation costs. While this court has decided to apply Texas substantive law to this matter, procedural matters are governed by the law of the forum (World Wide Imports, Inc. v. Bartel (1983) 145 Cal.App.3d 1006, 1012), which in this case would be California la...

Excerpt: ...ets a ceiling on recovery. (Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) If no specific damages are alleged in the complaint, a prayer “for such other and further relief as the court deems just” will not support a default judgment for any specific sum. (See Becker v. S.P.V. Const. Co., Inc. (1980) 27 Cal.3d 489, 494‐ 495.) Specific damage allegations in the body of the complaint may provide notice to the defendant of the amounts being soug...

Excerpt: ...ay, 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's Complaint alleges that Defendants' dietary supplements, “N...

Excerpt: ... ground that they fail to state facts sufficient to constitute a cause of action and are uncertain. 4th and 5 th CAUSES OF ACTION FRAUD and NEGLIGENT MISREPRESENTATION: <00310048004a004f004c00 00550048005300550048>sentation claims. Demurrer to the 4 th and 5 th causes of action is MOOT. 1ST CAUSE OF ACTION DEFAMATION: The elements are: intentional publication; of statement of fact; that is false; defamatory; unprivileged; and has a natural tenden...

Excerpt: ...e 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 (b) seeks to pursue an illegal course of conduct, or (c) insists that the member pursue a cou...

Excerpt: ...related to Plaintiff. Plaintiff F.M. (female minor) was sexually and physically abused by her mother and six male residents in her mother's home. The Complaint, filed 6/4/13, FAC, asserts causes of action for: 1. Negligence (v. County, DCFS) 2. Violation of 42 USC 1983 (v. County, DCFS) 3. Violation of CC 51.7, 52, and 52.1 (v. County, DCFS) 4. Negligence (v. Does 31-40) TENTATIVE RULING <0056005800500050004400 004c004600440057004c>on is DENIED a...

Excerpt: ...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 (b) seeks to pursue an illegal course of conduct, or (c) insists that the member pursue a course of conduct ...

Excerpt: ...iff's employment, termination, and pay is DENIED. No sanctions. (See below regarding the court's concern about the actions of counsel at the previous deposition). Plaintiff Gu moves to compel the deposition of Sherry Wang, Joseph Su, Sheena Tong, Bernice Navarro, and WHPM Inc.'s PMK per CCP 2025.450. If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designa...

Excerpt: ...he 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).) The demurring party shall file and serve with the demurrer a declaration stating either of the following: (A) The means by which the demurring party met and conferred with the party ...

Excerpt: ...ction of documents is GRANTED. (CCP 2030.290, 2031.300.) Plaintiff Chou is ordered to respond to discovery without objections within 10 days. Sanctions are imposed against Plaintiff Chou in the sum of $1,835.00, payable within 30 days. Defendant Smith moves to compel responses to form interrogatories, special interrogatories, and request for inspection and production of documents, and for sanctions. CCP 2030.290(b) and 2031.300(b) allow the propo...

Excerpt: ...tions limit the amount of damages awardable on default. The demand sets a ceiling on recovery. (Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) If no specific damages are alleged in the complaint, a prayer “for such other and further relief as the court deems just” will not support a default judgment for any specific sum. (See Becker v. S.P.V. Const. Co., Inc. (1980) 27 Cal.3d 489, 494‐ 495.) The Complaint prays for judgment “in excess of $...

Excerpt: ...PROVIDE FURTHER RESPONSES TO REQUESTS FOR ADMISSIONS, SET TWO, AND FOR SANCTIONS Respondent: Plaintiffs Jane and John Doe 4. Defendant Landerville's MOTION FOR AN ORDER COMPELLING PLAINTIFF [JANE DOE] TO PROVIDE FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND FOR SANCTIONS Respondent: Plaintiffs Jane and John Doe 5. Defendant Landerville's MOTION FOR AN ORDER COMPELLING PLAINTIFF [JOHN DOE] TO PROVIDE FURTHER RESPONSES TO SPECIAL INTER...

Excerpt: ...ntiff Lo is ordered to respond to discovery without objections within 10 days. Sanctions are imposed against Plaintiff Lo in the sum of $1,835.00, payable within 30 days. Defendant Smith moves to compel responses to form interrogatories, special interrogatories, and request for inspection and production of documents, and for sanctions. CCP 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogator...

Excerpt: ... Rodman (1986) 42 Cal.3d 822, 824.) If no specific damages are alleged in the complaint, a prayer “for such other and further relief as the court deems just” will not support a default judgment for any specific sum. (See Becker v. S.P.V. Const. Co., Inc. (1980) 27 Cal.3d 489, 494‐ 495.) <0051004700440051005700 004400470047004c0057>ional proof according to proof as the court may find appropriate.” Since Plaintiff is seeking the additional ...

Excerpt: ... 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 a reasonable time, in no case exceeding s...

Excerpt: ..., President of OTM and All American, pursuant to CCP 2025.450. At the prior hearing on 11/1/17, this court granted Plaintiff's motion to compel, ordering the following: “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fai...

Excerpt: ...rden 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).) A cause of action for Professional Negligence requires: a duty of care owed plaintiff to use skill, prudence and diligence as other members of profession commonly possess and exercise; breach; causation; and damage. (Burgess v. Superior Court (1992) 2 Cal. 4th 1064, 1077; County ...

Excerpt: ...discovery without objections within 10 days. Sanctions are imposed against Gao in the reduced sum of $1,000.00 payable within 30 days. CCP d 2031.300(b) allow the propounding party to file a motion to compel responses to document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP 2031.300(a).) Defendant failed to serve any responses. Defendant Gao is ordered to respond to discovery wit...

Excerpt: ...revailing parties. Plaintiff objects to the 14 hours spent reviewing exhibits on 6/27/17 and 7/10/17, which appears redundant because they would have been reviewed for the eventual cross-complaint. However, Attorney Morris declares that he was retained only for the purpose of bringing the anti-SLAPP motion (Morris Decl., Pars. 2-3.) Therefore, the document reviews were a necessary part of preparing the motion. The court does find, however, that 1...

Excerpt: ...n Motors made a claim to Plaintiff as surety. Dyson has applied for Bankruptcy protection and is not a named Defendant. The Complaint, filed 5/30/17, asserts a single cause of action for Interpleader. FSC is set for 5/2/18. Trial is set for 5/15/18. Plaintiff Travelers Casualty and Surety Company of America seeks an order that it be discharged from this case and from further liability involving the rights and obligations of the parties to this ac...

Excerpt: ... 1 st – 4 th causes of action on the ground that they fail to state facts sufficient. 1ST – 4 th CAUSES OF ACTION BREACH OF CONTRACT, FRAUD, CONVERSION, DECLARATORY RELIEF: In California, two conditions must be met before the alter ego doctrine will be invoked. First, there must be such a unity of interest and ownership between the corporation and its equitable owner that the separate personalities of the corporation and the shareholder do no...

Excerpt: ...fees and punitive damages from the Complaint. The court may, upon 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 ap...

Excerpt: ...t Burciaga's MOTION TO STRIKE Respondent: Plaintiffs A.G. and Elizabeth G. TENTATIVE RULING Causes of action for: 1. Negligence 2. Breach of Mandatory Duties 3. Sexual Battery 4. False Imprisonment 5. IIED 6. Defamation 7. Distribution of Private Sexually Explicit Materials 8. Sexual Discrimination/Harassment 9. Unruh Civil Rights Act Status Conference is set for 2/5/18. ANALYSIS <0057004c00520051000300 0048> Defendant Covina-Valley Unified Schoo...

Excerpt: ...ponses a demand for inspection if a response incomplete, 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 2031.310(b).) Plaintiff requests an appraisal of the real property that is at the center of this fraudulent transfer action. Defendant contends that the appraiser can make an external inspection, but Defendant objects to an internal inspection ba...

Excerpt: ... to amend is requested, and will require an offer of proof if so. Defendants The REO Group, Inc. (“REO”) and Perry Cooper (“Cooper”) demur, per CCP § 430.10(e)&(f), to the first through fourteenth causes of action in Plaintiff Edward J. Evans' complaint, on the basis that they each fail to state facts sufficient to constitute causes of action and are uncertain. FIRST CAUSE OF ACTION (FINANCIAL ELDER ABUSE): “'Financial abuse' of an eld...

Excerpt: ...residency law. The complaint was filed 8/1/17. The First Amended Complaint, filed 9/5/17, asserts causes of action against City and Does 1-100 for: 1. Declaratory and Injunctive Relief re Vacancy Control 2. Violation of California Constitution, Article I, § 7, subd. (a) 3. Violation of Constitutional Right to a Fair Return on Investment 4. Declaratory Relief and Damages for the Impairment of Plaintiff's Vested Rights 5. Denial of Equal Protectio...