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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... $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...