Excerpt: ...ession of the city of Pomona. The legislative body of any city, city and county, or county may provide by ordinance for the care, restitution, sale or destruction of unclaimed property in the possession of the police department of such city or city and county or of the sheriff of such county. Any city, city and county, or county adopting such an ordinance shall provide therein (1) that such unclaimed property shall be held by the police departmen...

Excerpt: ...facts sufficient to constitute a cause of action. 1st CAUSE OF ACTION VIOLATION OF HOMEOWNERS' BILL OF RIGHTS: A mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent may not record a notice of default pursuant to Section 2924 until all of the following: (1) The mortgage servicer has satisfied the requirements of paragraph (1) of subdivision (b). (2) Either 30 days after initial contact is made as required by paragraph (2) of su...

Excerpt: .... Motion to strike is DENIED. Defendants are ordered to file and serve their Answers within 10 days. <00480055004e0052005a00 00550003005700520003>the 1 st cause of action in the Fourth Amended Complaint (“4AC”) on the ground that it fails to state facts sufficient to constitute a cause of action. 1st CAUSE OF ACTION: DEPENDENT ADULT ABUSE: The elements of a cause of action under the Elder Abuse and Dependent Adults Act, Welfare & Inst C § 15...

Excerpt: ...) The court also declines to award $2,062.88 in “court calls and depositions.” While court call fees and deposition transcript fees are recoverable, Cross-Complainant lumped court calls with “court appearances.” (Suppl. Usahacharoenporn Decl., 3:11-12.) Cross- <0058005500570003004400 00480056001100030003>This is duplicative of his request for attorney's fees. As it is Cross-Complainant's burden to support each item of <0047001100030003003...

Excerpt: ...on and any affidavit in support thereof. (CCP 512.030.) The proof of service shows that Defendant was served with the summons, complaint, Notice, and Application for Writ of Possession on 10/23/17. MERITS: Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possession. (CCP 512.010(a).) The application shall include all of the following, which may be established by affidavit, pursuant to CCP 512.101(b...

Excerpt: ...Armorcast Products Company, Inc.'s liability and damages at trial is DENIED. Defendant Armorcast Products Company, Inc. (and Defendant Chase by joinder) move to bifurcate Armorcast's liability and damages at trial. The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-com...

Excerpt: ...fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (CCP 1048.) The court finds that Case Nos. KC069113 and KC069904 involve a common question of law or fact. The actions involve the same parties and issues. One of the issues fo...

Excerpt: ...rt's order on 5/13/16 per CCP 177, 116.725, and 473(b). According to Plaintiff, Town Square misrepresented the new Lease Agreement. It contained terms that this court did not order in the Judgment, such as re-starting the 20 year lease term, and reducing rent from $4,250 to $3,750. CCP 116.725 does not apply in this instance because it pertains to small claims matters. As for CCP 177 and 473(b), “Application for this relief shall be… made wit...

Excerpt: ...s, LLC, and Carrington Foreclosure Services, LLC from foreclosing on Plaintiff's property. In deciding whether to issue a preliminary injunction, a trial court weighs two interrelated factors: the likelihood the moving party ultimately will prevail on the merits, and 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 interi...

Excerpt: ...efendant J Well France SARL, by joinder)'s motion to dismiss is GRANTED. <004f004f004c0053005300 0044004e00440003002d>oseph Brown (“Brown”), and J Well France SARL (“JWell”) moves to dismiss the action based on forum non conveniens. CCP 410.30(a) provides: “When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay ...

Excerpt: ...R SUMMARY ADJUDICATION AGAINST FRANK WEI XIONG Respondent: Defendant and Cross-Complainant Xiong TENTATIVE RULING On the Complaint: Plaintiff Mingfeng (USA) Packaging, Inc. motion for summary adjudication of Issues 1-5 is GRANTED, and motion for summary judgment is DENIED as triable issues exist with regard to punitive damages. COMPLAINT Plaintiff Mingfeng moves for summary judgment and/or adjudication of causes of action on its Complaint. A Plai...

Excerpt: ...s that it is barred by the statute of limitations, and fails to state facts sufficient to constitute a cause of action. STATUTE OF LIMITATIONS A demurrer on the ground of the bar of the statute of limitations will not lie where the action may be, but is not necessarily barred. (Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4 th 875, 881.) It must appear clearly and affirmatively that, upon the face of the compl...

Excerpt: ...t was entered against Defendants on 8/18/17, set aside on 12/11/2017 and again entered on 1/11/2018. Entry of defendant's default instantaneously cuts off its right to appear in the action. The defendant is “out of court.” It has no right to participate in the proceedings until either (a) its default is set aside (in which event, it may respond to the complaint), or (b) a default judgment is entered (in which event, it may appeal). (Devli...

Excerpt: ...set an OSC re Contempt. A deponent who disobeys a deposition subpoena in any manner described in subdivision (c) of Section 2020.220 may be punished for contempt under <0099008b0096008a009100 00870085008700950095>ity of a prior order of court directing compliance by the witness. The deponent is also subject to the forfeiture and the payment of damages set forth in Section 1992. (CCP 2020.240.) AFFIDAVIT AND OSC: A contempt proceeding is commenced...

Excerpt: ...'s form and special interrogatories per CCP 2030.290. CCP 2030.290(b) allows the propounding party to file a motion to compel responses tointerrogatories if a response has not been received. If responses are untimely, responding party waives objections. (CCP 2030.290(a).) Plaintiff Flores failed to serve any responses to form and special interrogatories. Plaintiff is ordered to respond to discovery without objections within 10 days. Sanctions: CC...

Excerpt: ... to quash service of summons per CCP 416.90 and 415.20. A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (CCP 418.10(a)(1).) Defendants were all served by dropping off a Fourth Amended Complaint on 8/21/17 with the Human Resources...

Excerpt: ...hat Defendant owes no duty to Plaintiff. MERITS: 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).) “In negligence a defendant may be liable for injuries caused by his failure to use reasonable care in situations in which he owes a duty to the injured person. In...

Excerpt: ...n Raceway, Inc. moves for an order staying deposition and quashing deposition notice because discovery cut-off has passed. The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. (CCP 2025.420(b).) Discovery “proceedings” must be completed 30 days before the date initi...

Excerpt: ... SUSTAINED. The court will hear from Plaintiff regarding any grounds warranting further leave to amend. Defendants Specialized Loan Servicing, LLC and Wells Fargo Bank, N.A. demur to all causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. JUDICIAL NOTICE is taken of Defendants' exhibits. HBOR: The HBOR protections “shall apply only to first lien mortgages or deeds of trust that are secured by...

Excerpt: ... pending, or by a judge thereof, in the following cases: (1) In an action…by a creditor to subject any property or fund to the creditor's claim…on the application of the plaintiff…whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured…(9) In all other cases where necessary to preserve the proper...

Excerpt: ...to compel arbitration is denied. Defendant Chino Valley Rehabilitation Center, LLC dba Chino Valley Health Care Center (“defendant”) moves the court, per 9 U.S.C. § 1 et seq., for an order compelling Plaintiffs William Sidney III, an individual by and through his Guardian Ad Litem, William Sidney IV and William Sidney IV to arbitrate their claims, on the basis that a valid, irrevocable and enforceable arbitration agreement exists between the...

Excerpt: ...espondent: None (unopposed, as of 1/4/18, 7:20 a.m.; due 12/22/17) Defendant Jushi USA's MOTION TO APPLY TEXAS LAW Respondent: Plaintiffs: John J. Kleinhans and Mary Catherine Kleinhans TENTATIVE RULINGS Defendant Jushi USA's application of S. Reed Morgan for admission pro hac vice is denied without prejudice. No additional declaration has been received. Defendant Jushi USA moves pursuant to Califomia Rules of Court, Rule 9.40, for an order allow...

Excerpt: ...which cause(s) of action, and will require an offer of proof. Defendants Patrice Landerville, Sara Jovel and David Jovel (“defendants”) demur to the first through ninth causes of action in Plaintiffs Jane Doe's and John Doe's Second Amended Complaint (“SAC”), on the basis that they each fail to state facts sufficient to constitute causes of action and are time-barred. At the outset, plaintiffs clarify that they are not asserting the first...

Excerpt: ...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 that is il...

Excerpt: ... (Motion, 1:25) and “CCP (a)(2)” (Motion, 2:7.) CCP 663(a)(2) and CCP (a)(2) do not exist. It is unclear what code sections to which Plaintiffs are referring. CCP 663 provides in its entirety: “A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the follow...