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: ...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: ...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: ...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...