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...

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 ...

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...

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...

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...

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...

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 ...

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...

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 ...

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...

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...

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...

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...

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...

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 ...

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...

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,...

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...

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...

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...

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...

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...

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...

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...

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,...

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...

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...

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...

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...

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...

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 ...

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 ...

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...

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...

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...

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...

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...

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...

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...

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...

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. ...

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...

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...

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...

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 ...

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...

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, ...

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 ...

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 ...

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...