Excerpt: ... make further responses to request for admission is GRANTED. Defendant is ordered to provide supplemental responses within 10 days. Sanctions are imposed against Defendant and counsel, jointly and severally, in the sum of $3,420.00 payable within 30 days. Moving Party to give NOTICE. I-II. Motions to Compel Further Responses Plaintiff Taricco moves to compel further responses to form and special interrogatories, and request for admissions pursuan...

Excerpt: ...spass action was filed by Plaintiff JOHNNIE PAXTON (“Plaintiff”) on March 6, 2020. The relevant facts, as alleged, are as follows: “Plaintiff purchased the [Subject Property] on September 8, 2016. On or about March 14, 2017, Plaintiff discovered his toilet had backed up. Plaintiff hired a plumber who discovered that the blockage was caused by excessive tree root intrusion into the pipes. Plaintiff hired a contractor to remove the roots and ...

Excerpt: ...lication to Stay Discovery Order A brief procedural history of this matter is as follows:  Plaintiff's Motion to Compel Further Responses and Production was set for hearing on November 17, 2020. A tentative order denying the motion was issued. Plaintiff's Counsel did not appear at the November 17, 2020 hearing. Defense counsel submitted on the tentative, and the tentative became the final order.  On November 23, 2020, Plaintiff filed the Su...

Excerpt: ...it Union is OFF-CALENDAR pursuant to the stipulation filed on 2/4/21. Moving Party to give NOTICE. I-II. Motions to Quash Subpoenas directed to Burton E. Carter & Associates Defendants William and Yvonne Morton moves to quash subpoenas issued to Burton E. Carter & Associates, LLC. The FAC alleges that Defendants William and Yvonne Morton were appointed Plaintiff's conservators in 1996 in Arizona. (FAC, ¶¶ 5, 6, 9.) In 2004, approximately one ye...

Excerpt: ... Nos. 1-2, 4, 7, 10, 15-20, 25, 26-48. Remaining objections are overruled. Merits A defendant moving for summary judgment/adjudication has met its 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).) The Complaint, filed by Plaintiff Raymond Yi, alleges that on 9/23/15, Plaintiff was injured on Defendant JSGS's property due to...

Excerpt: ...eriors, LLC and Showroom, Inc.'s motion for summary judgment or, in the alternative, for summary adjudication is DENIED. Plaintiffs to give NOTICE. I. Meribear Productions, Inc. and Merideth Baer's MSJ/MSA Cross-Defendants Meribear Production, Inc. and Meridith Baer's motion for summary judgment or, in the alternative, summary adjudication is CONTINUED to Tuesday, 3/16/21 at 1:30 PM in Dept. C. Pursuant to Cross-Complainants' request, a Hearing o...

Excerpt: ...0/30/20, alleges that Plaintiff Luis Santiago Valencia is an attorney who represented Maria Lesseos and Surfin Souvlaki, LLC in an employment action brought by a former employee of the Surfin' Souvlaki restaurant. (Complaint, ¶¶ 1, 4, 5, 10-11.) Valencia performed legal services on behalf of Lesseos in the employment action. (Id. at ¶¶ 13-18.) Lesseos accumulated a total legal bill of $12,000 for his services, only $2,000 of which has been pa...

Excerpt: ...ile 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).) Plaintiff alleges that his 2018 Dodge Durango vehicle suffers from “widespread defects including the Radio/Back-Up Camera Defect,” and Defendant has been unable ...

Excerpt: ...Emory Park, Inc.'s motion for terminating, issue, and/or evidentiary sanctions for Defendant's failure to appear at their deposition is DENIED. Motion for monetary sanctions is GRANTED. Sanctions are imposed against Defendants 2202 East Anderson Street and Vanounou, jointly and severally, in the sum of $4,260.00, payable within 30 days. Moving Party to give NOTICE. I. Sanctions for Failure to Comply with Court Orders Plaintiff Emory Park, Inc. mo...

Excerpt: ...el Defendant Afshin Bozorgmanesh's further responses to Plaintiff's special interrogatories, set one is GRANTED. Defendant is ordered to provide supplemental responses within 30 days. No sanctions. III. Plaintiff Continental Vitamin Company, Inc.'s motion to compel Defendant Frunutta, LLC's further responses to Plaintiff's requests for admission, set two is GRANTED. Defendant is ordered to provide supplemental responses within 30 days. No sanctio...

Excerpt: ...s of action are OVERRULED. Defendants Yashica Bamola (Doe 1) and Rajan and Yashica Bamola 2017 Trust (Doe 2)'s motion to strike is MOOT in light of the court's grant of leave to amend. II. Plaintiff Robinson's motion for leave to file a supplemental complaint is GRANTED. III. Plaintiff Robinson's motion for leave to substitute Rajan Bamola with Yahica Bamola and the Rajan & Yashica 2017 Trust, as his personal representative and successors in inte...

Excerpt: ...ternet websites of companies offering them for sale) is DENIED. The photographs are not properly subject to judicial notice under Cal. Ev. Code §§451 or 452. This action for wrongful death was filed by Plaintiff ANA LORENA CASTRO (“Plaintiff”), individually and as the successor in interest of LEONARDO LEANOS (“Decedent”) on March 13, 2018. The relevant facts, as alleged, are as follows: “On July 5, 2016, Plaintiff's decedent, Leonardo...

Excerpt: ...o the Shear declaration is sustained; remaining objections to the Shear declaration are overruled. Complaint Plaintiff Green Building Corporation's Complaint, filed 5/8/19, alleges that Defendant US Controls failed to perform labor and furnish material and equipment on the public works construction project known as “Downey Area Recycling and Transfer Station Storm Water Capture Project. Plaintiff also alleges that Defendant Argonaut Insurance C...

Excerpt: ... sufficient to constitute a cause of action. Plaintiff's First Amended Complaint alleges that in March 2013, California Restaurant Mutual Benefit Corporation (“CRMBC”) filed a lawsuit against Tio Robby's, Inc. In July 2013, the parties entered into a written settlement agreement providing that CRMBC would receive a stipulation for judgment for $39,874.70; that Tio Robby's would pay $12,500 in full satisfaction of the judgment, and that within...

Excerpt: ...ies to the Motion. (See Galindo Decl., Ex. A.) CCP §664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement un...

Excerpt: ...by Plaintiffs JOSE CABRERA and DENE M. MOLINA (“Plaintiffs”) on October 12, 2018. On July 2, 2020, Plaintiffs FILED a First Amended Complaint (“FAC”). The FAC asserts the following causes of action: (1) Fraud; (2) Breach of Contract; (3) Implied in Fact Covenant of Good Faith and Fair Dealing; (4) Unjust Enrichment; (5) Injunction; (6) Conspiracy to Defraud; (7) Constructive Trust; (8) Quiet Title; and (9) Partition. Defendant LOIS M. EDW...

Excerpt: ... give NOTICE. I. Relief from Waiver Defendant Nissan North America, Inc. 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… (2) The party's failure to serve a timely response was the result of mistake, inadv...

Excerpt: ...r deny a preliminary injunction is committed to the discretion of the trial court after the court determines (1) the likelihood that the plaintiff will prevail on the merits at trial, and (2) the relative harms suffered by the parties.” (Pleasant Hill Bayshore Disposal, Inc. v. Chip-It Recycling, Inc. (2001) 91 Cal.App.4th 678, 695.) Plaintiffs have the burden of proof to show all elements necessary to support issuance of a preliminary injuncti...

Excerpt: ...s currently in default. Therefore, she has no standing to make any motion beyond that of a Motion to Set Aside Entry of Default. Defendant JAH HEALING KIMETIC TEMPLE OF THE DIVINE, INC. (“JAH”) moves to set aside this Court's Discovery Orders dated March 10, 2020; July 14, 2020; and September 25, 2020 under CCP §473(b). JAH argues that these Discovery Orders should be set aside because its failures to respond to the discovery at issue were d...

Excerpt: .... On 2/17/15, default was entered against Defendant Delgado. On 2/20/15, Defendant filed an Answer. Because Defendant's Answer was filed after entry of default was taken, the Answer is untimely and void. The court's Minute Order dated 2/27/15 provides that “The answer filed by Defendant Jose Delgado was filed after the default was entered. The default remains in place.” Plaintiff's Notice filed on 3/2/15 also provides, “The Court confirmed ...

Excerpt: ... based on the statute of limitations and the 1 st – 3 rd causes of action are OVERRULED. II. Defendants Yashica Bamola (Doe 1) and Rajan and Yashica Bamola 2017 Trust (Doe 2)'s motion to strike is MOOT in light of the court's grant of leave to amend. III. Plaintiff Robinson's motion for leave to file a supplemental complaint is GRANTED. IV. Plaintiff Robinson's motion for leave to substitute Rajan Bamola with Yahica Bamola and the Rajan & Yashi...

Excerpt: ... quash Plaintiff JEREMIAH CASAS' (“Plaintiff”) subpoena for the production of business records from Downey Police Department, or in the alternative, for a protective order. Specifically, Defendants argue that the subpoena should be quashed “on the grounds that Plaintiff failed to serve Junction Bar and Mr. August with a copy of his August 3, 2020, subpoena for the production of business records from Downey Police Department…. This motion ...

Excerpt: ...fering from injuries due to a motorcycle accident …. Plaintiff read and relied on Koi's ‘0% THC' claims, believing as a result of those claims, that he would not fail his then- employer's random drug test.” (Complaint ¶120.) “On or around July 22, 2019, after using Defendant's Products, Plaintiff tested positive (failed) a random drug test administered by the DOT and required for his employment. Plaintiff tested positive for cannabinoids...

Excerpt: ...and JOSE J. RODRIGUEZ is DENIED without prejudice. Opposing Party to give notice. Plaintiffs argue that terminating, or issue, or evidentiary sanctions are appropriate pursuant to CCP §2023.030(d) because Defendants YEPEZ LANDSCAPING, INC. and JOSE J. RODRIGUEZ (“Defendants”) engaged in intentional destruction of evidence by failing to preserve photographs that Defendant RODRIGUEZ took immediately after the Subject Collision occurred. In Opp...

Excerpt: ...e 3 rd and 4 th causes of action on the grounds that they fail to state facts sufficient and are uncertain. Plaintiff alleges that she was sexually molested by her teacher, Hector Rodriguez, while she was a student. The First Amended Complaint asserts causes of action for: 1. Assault and Battery 2. Negligence 3. Pen. Code 11166 4. CC 51.9 5. Educ. Code 220 6. CC 1708.5 7. IIED 3rd CAUSE OF ACTION Penal Code section 11166 provides in relevant part...