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