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