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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ..., 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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ..., 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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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...