Excerpt: ...r Judicial Notice Insupport [sic] of Demurrer to Complaint on July 31, 2018. The procedural history between Plaintiff and Defendants is as follows: In 2014, Plaintiff DONALD DRAKE filed an action against the Demurring Defendants herein (“Case 1”). Case 1 was dismissed on October 23, 2015. In 2017, Plaintiff WILLIAM DRAKE filed an action against the Demurring Defendants herein (“Case 2”). In November of 2017, Defendants demurrer to Plainti...

Excerpt: ...fees as costs post trial. Although a prevailing party at trial may not be the prevailing party after an appeal, it has been held that a motion for attorney fees is not premature despite the filing of a notice of appeal. [Citations.] (Bankes v. Lucas (1992) 9 Cal.App.4th 365, 369.) “[A]n award of attorney fees as costs is a collateral matter which is embraced in the action but is not affected by the order from which an appeal is taken.” (Id.) ...

Excerpt: ...NC. (“Meribear”). Defendants/Cross-Complainants' Brett Baer, Jaime Baer, and Caleb Morse (collectively “Cross-Complainants”) are former employees of Plaintiff Meribear Productions, Inc. All parties are in the business of “luxury home staging.” Defendants' employment relationships ended with Plaintiff in 2016. At some point, the Baer Defendants and Morse formed a separate staging business by the name of City Lights Staging (also a name...

Excerpt: ...rty. Plaintiff PAMELA O'KANE instituted this lawsuit on December 8, 2016. On February 23, 2018, Defendants/Cross-Complainants' JACQUELINE EARLY; JEFFREY STEPHEN EARLY; and JEFFREY EARLY AND JACQUELINE EARLY AS TRUSTEES OF THE EARLY FAMILY TRUST (collectively “Cross-Complainants”) against Cross- Defendant JOHN TROMMALD for: (1) Equitable Indemnity; and (2) Professional Negligence. Cross-Defendant demurs to both causes of action pursuant to CCP...

Excerpt: ...aintiffs MIGUEL and ALICIA CALDERON are the former owners of the Subject Property in this dispute. As alleged, Plaintiffs had two mortgages on the Property. Plaintiffs allege that they were current on their first mortgage, but began to experience difficulties paying off the second. (TAC ¶2.) Plaintiffs sought Defendant's assistance to obtain a loan modification as to the second mortgage. (Id. ¶3.) Plaintiffs further allege that Defendant's offe...

Excerpt: ... DEVELOPMENT and MATTHEW LOUIS GRILL's motion to compel Plaintiff/Cross-Defendant CERRITOS FITNESS & HEALTH's further responses to Request for Production of Documents (set one) is CONTINUED to Thursday August 16, 2018 at 1:30 p.m. in Dept. SE-C. Moving Party to give Notice. Although the Moving Papers cite to the Declaration of Attorney Chad C. Wilcox, and indicate that the instant Motion was filed concurrently with the Declaration of Chad C. Wilc...

Excerpt: ..., DENIED in part, and MOOT in part. CCP §436. Moving Party to give notice. No Reply filed as of July 25, 2018. This action was filed on March 24, 2017 as a probate action. On August 24, 2017, this action was transferred to Dept. SE-F, and reclassified as an Unlimited Action. Plaintiff ANAIS PERALAS's Amended Complaint was deemed served and filed on April 19, 2019. The relevant facts, as alleged, are as follows: “Defendant Roberta Taylor is nam...

Excerpt: ... July 11, 2018. (CCP §1005(b).) Plaintiff moves for an award of attorneys' fees as the prevailing party on the contract pursuant to CCP §§ 1032 and 1033.5. A Court Judgment in Plaintiff's favor was entered on January 18, 2018. Consequently, pursuant to CCP §1032(a)(4), Plaintiff is deemed the prevailing party, and is entitled to attorney's fees pursuant CCP §1033.5(a)(10)(A). When assessing the amount of any attorney's fee award, courts typi...

Excerpt: ...ws: Plaintiff worked for Overton Security Services, Inc. (“Defendant”) as a security guard. (FAC ¶1.) Plaintiff alleges that Defendant should be held liable under PAGA for the failure to pay its security guards on a weekly basis. Plaintiff's FAC, filed on May 15, 2018, asserts one sole cause of action for the Violation of Labor Code §201.3. Defendant argues that Plaintiff's FAC is fatally uncertain. A special demurrer for uncertainty is not...

Excerpt: ...OOD OF TEAMSTERS LOCAL 630 and LUIS JAVIER VILLALVAZO's motion to strike portions of Plaintiff's FAC is MOOT. Moving Party to give notice. This action for creation of a private nuisance, violation of California trespass law, and violation of Cal. Bus. & Prof. Code §17200 et seq. was filed by Plaintiff on November 29, 2017. Plaintiff alleges, in pertinent part: “On or about August 21, 2017 Defendants…without consent or authority and against t...

Excerpt: ... Plaintiff MARISCOS BAHIA, INC. on October 3, 2017. The relevant facts, as alleged, are as follows: “1. Defendants ordered from Plaintiff and Plaintiff delivered in good condition to Defendants seafood during the period of March 10, 2017 through March 21, 2017. 2. Defendants were sent (i) invoices; and (ii) statement of past due account balance. 3. Defendants currently owe Plaintiff $185,563.60 which is past due. 4. Defendants are obligated to ...

Excerpt: ...f 2009 Plaintiff entered into a written agreement with the Defendants (hereinafter the ‘Contract') wherein it was agreed that Plaintiff would construct a 10,000 square foot residential structure on the Property, in accordance with plans drafted by or on behalf of Defendants which were approved (and copies maintained by) the City of Maywood, in exchange for payment by the Defendants in the total amount of $500,000. Plaintiff is informed and beli...

Excerpt: ... is “irrelevant, false or improper matter inserted in any pleading”; or (2) to strike any pleading or part thereof “not drawn or filed in conformity with the laws of this state, a court rule or order of court.” (CCP §436.) The basis for punitive damages must be pled with specificity. Plaintiff must allege specific facts showing that Defendant's conduct was oppressive, fraudulent, or malicious. (Smith v. Superior Court (1992) Cal.App.4th ...

Excerpt: ... compliance with Section 2034.260, the trial court shall exclude from evidence the expert opinion of any witness that is offered by any party who has unreasonably failed to do any of the following: (a) List that witness as an expert under Section 2034.260.; (b) Submit an expert witness declaration.; (c) Produce reports and writings of expert witnesses under Section 2034.270.; (d) Make that expert available for a deposition under Article 3 (commen...

Excerpt: ...ng those efforts, court intervention is needed, counsel may appear and argue the merits on the continued hearing date. If counsel are unable to informally resolve their discovery disputes, then counsel are instructed to submit a JOINT STATEMENT outlining the remaining disputed issues for which a ruling is required. The Joint Statement must be filed directly in Department SE- C no later than 10:00 a.m. on Friday, August 24, 2018. (NO FAX FILING.) ...

Excerpt: ...out leave to amend in part, and MOOT in part. Moving Party to give notice. This employment action was filed by Plaintiff VINOCHANDRA PHILIPBHAI on March 16, 2018. Plaintiff alleges, in pertinent part: from August 2012 through October 2017, Defendants employed Plaintiff as a retail clerk at Defendants' convenience store in Whittier, CA. (Complaint, ¶12.) “Plaintiff's employment was pursuant to an oral employment agreement…. The terms…were t...

Excerpt: ...r, Jaime Baer, and Caleb Morse (collectively “Cross-Complainants”) are former employees of Plaintiff Meribear Productions, Inc. All parties are in the business of “luxury home staging.” Defendants' employment relationships ended with Plaintiff in 2016. At some point, the Baer Defendants and Morse formed a separate staging business by the name of City Lights Staging (also a named Defendant in the instant suit.) Plaintiff's SAC, filed on Ap...

Excerpt: ...On August 12, 2015, Plaintiff and Defendant GUEVARA entered into a contract for the purchase of real property from sellers FRANCISCO RODRIGUEZ, ANA RODRIGUEZ, and OSWALDO RODRIGUEZ. (See SAC ¶27.) “On or about August, 2015, Defendants CARLOS ARGUETA, FRANCISCO GRANADENO, and CENTURY 21 POWERHOUSE REALTY, INC. entered into a written Real Estate Broker Agreement with plaintiff, whereby Defendants, ARGUETA, GRANADENO AND CENTURY 21 POWERHOUSE REA...

Excerpt: ...ce due to Plaintiff's failure to meet and confer as required by CCP 2016.040 and 2030.300(b). The provisions of the Code are mandatory; compliance is not optional. Here, Plaintiff's counsel filed the Motion to Compel Further without first attempting any meet and confer efforts. On January 24, 2018, Defendants served responses to Plaintiff's Form Interrogatories (set one). Plaintiff's counsel states that “Defendants and Defendants' counsel…gav...

Excerpt: ...tiffs ROBERT ALFARO and YOLANDA ALFARO on April 4, 2018. The relevant facts, as alleged, are as follows: Plaintiffs are the “owners and lessors of real properties located at 6710 and 6714 Greenleaf Avenue, Whittier, California, 90601.” (Complaint ¶1.) “On or about May 1, 2015, the parties entered into a California Commercial Lease Agreement with DEFENDANTS for the lease of commercial office space located 6714 Greenleaf Avenue, Whittier, Ca...

Excerpt: ...ng court's directions, and if the reviewing court does not direct the trial court to take a particular action or make a particular determination, the trial court is not authorized to do so. (Ayyad v. Sprint Spectrum, L.P. (2012) 210 Cal.App.4th 851, 859.) Here, the remittitur states, “Maginnis is awarded his costs of appeal.” (Simpkins Decl., Ex. C.) The remittitur does not instruct the trial court to order “reimbursement of monies paid in ...

Excerpt: ... portions of Plaintiff's Complaint is CONTINUED to Tuesday, August 28, 2018 at 1:30 p.m. in Dept. SE-C. Moving Party to give notice. The parties are ORDERED to comply with CCP §430.41. If, after complying with CCP §430.41, court intervention is needed, the parties may appear and argue the merits on the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant(...

Excerpt: ...mmarized by both the Moving and Opposition papers, the facts of this case arise out of an automobile accident where Plaintiff was purportedly rear-ended by Defendant ESTRADA, and then subsequently struck by a commercial truck driver—Defendant ESTRADA. The subject accident occurred on or about May 4, 2017. Defendants moves to quash Plaintiffs' subpoenas for production of “daily speed date” records related to him, which was served onto the co...

Excerpt: ...strike any pleading or part thereof “not drawn or filed in conformity with the laws of this state, a court rule or order of court.” (CCP §436.) “A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint….” (CCP 428.10.) Here, and as argued by Plaintiff in its Moving Papers, TERRY PURDUN is not a named party to this action. As such, TERRY PURDUN has no standing to file a cross-...

Excerpt: ...rse of this litigation. On February 2, 2018, this Court granted Plaintiff's motion to compel the deposition of JENNY GRIJALVA to enable Plaintiff the opportunity to conduct reasonable discovery pertaining to the existence of the alleged videotape. The Court's Order states, in pertinent part: “Based on the limited scope of the deposition of deponent JENNY GRIJALVA…, pursuant to CCP 2025.420(b)(6), the deposition [ ] shall be conducted on writt...

Excerpt: ... of costs among tortfeasors. To do so, the settlement must be within the reasonable range of the settling tortfeasor's share of liability for the Plaintiff's injuries, taking into consideration the facts and circumstances of the particular case. (Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499.) The Tech- Bilt court set forth the factors to be considered by the court in making the determination, such as: (1) the rough app...

Excerpt: ...IS' Further Responses to Form Interrogatories (set two) is MOOT. I. Defendant GLORIA RODRIGUEZ's Motion to Compel Plaintiff IMA MARGIE DAVIS' Further Responses to Special Interrogatories (set two) is MOOT. I. Defendant GLORIA RODRIGUEZ's Motion to Compel Plaintiff IMA MARGIE DAVIS' Further Responses to Request for Admissions (set two) is GRANTED in part, and MOOT in part. I. Defendant GLORIA RODRIGUEZ's Motion to Compel Plaintiff IMA MARGIE DAVIS...

Excerpt: ... 6, 2018. This action arises out of the Defendants' purported breach of Settlement Agreement(s) concerning the conveyance of an exclusive easement. Plaintiff's Complaint was filed on April 5, 2017. As alleged, the relevant facts are as follows: “Slattery initiated a prior lawsuit against the Samarins… (the ‘Initial Action'). After several years of litigating, Slattery and the Samarins entered into a settlement agreement and mutual release t...

Excerpt: ... mother's body shipped to Hawaii (Oahu) for open-casket burial. She was horrified to see that her mother had been lying facedown for (4) four days due to the negligent keeping of her body at Lakewood Regional Medical Center. ‘Glen' Midgely stated that was the way she came from the hospital where she was being treated at her passing of natural causes on January 4, 2016.” (Complaint, p. 4.) Plaintiff's Complaint asserts one cause of action for ...

Excerpt: ...a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other required allegations, the provisions of the writt...

Excerpt: ...g on which it is based does not contain a “real property claim,” or (b) the party who recorded the lis pendens cannot establish the “probable validity” of the real property claim by a preponderance of the evidence. (CCP §§405.31, 405.32; SeeCastro v. Superior Court (2004) 116 Cal.App.4th 1010, 1017.) On June 1, 2017, this Court sustained Defendants' demurrer to Plaintiff's Complaint without leave to amend. Therefore, the Complaint does ...

Excerpt: ...matter is restored as an active civil case. All parties are ORDERED to appear for a CASE MANAGEMENT CONFERENCE on Tuesday, July 10, 2018 at 8:30 a.m. in Department SE-F. Under CCP § 473(b), “[t]he court may…relieve a party or [his] 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.” The policy of hearing cases on thei...

Excerpt: ...court order to provide discovery.” CCP §2023.030 provides, in part: “To the extent authorized by this chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, may impose the [sanctions] against anyone engaging in conduct that is a misuse of the discovery process, including monetary and issue and terminating sanctions.” Failing to respond to an authorized method o...

Excerpt: ...p.m. in Dept. SE-C. Plaintiff CITIZENS OF HUMANITY, LLC is ORDERED to file a and serve a Supplemental Opposition per CCP §1005(b) in accordance with the new hearing date. Defendant NEXT MANAGEMENT, INC. is ORDERED to file and serve a Supplemental Reply per CCP §1005(b) in accordance with the new hearing date. Opposing Party to give Notice. This action was filed by Plaintiff CITIZENS OF HUMANITY, LLC on April 11, 2017. The relevant facts of this...

Excerpt: ...e controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that...

Excerpt: ...end in part, and with 20 days leave to amend in part. Plaintiffs failed to amend within the time permitted, but apparently represented to Defendant GEICO GENERAL INSURANCE COMPANY (“GEICO”) that Plaintiffs “would not pursue further causes of action or claims against GEICO if GEICO agreed not to pursue the recovery of costs based on plaintiffs' representation, and GEICO agreed to not pursue such costs.” (Notice 2:9-11.) Consequently, Plain...

Excerpt: ...BAHIA, INC. purchased $185,563.60 worth of seafood on credit from Plaintiff. Plaintiff argues that Defendant VICTOR ARIZMENDI made an oral guarantee to personally pay for the sale. To date, Defendants have not paid Plaintiff in accordance to the Agreement terms. Plaintiff argues that on March 27, 2017 and March 29, 2017, Defendant ACUICOLA ALESSTINA gave Plaintiff two NSF checks in a failed attempt to pay. Defendants move for a protective order r...

Excerpt: ...e as follows: “Plaintiffs are natives of Mexico and do not speak English. They were married on January 2, 1969 and had give children [including Defendant Letizia Sandoval Campos].” (Complaint ¶12.) In 2009, one of Plaintiffs' sons, Antonio Sandoval, along with his wife and two children, were killed in a car accident. (Complaint ¶13.) Consequently, Plaintiffs received $1,800,000.00, by way of settlement, for the wrongful death of their famil...

Excerpt: ...Adams's identity or liability at the time of filing the action. The credibility of Plaintiff's Doe Amendment is not appropriately weighed by the Court at this time. In a demurrer, the grounds for objection must appear on the face of the complaint. No matter how unlikely or improbable, a plaintiff's allegations must be accepted as true for purposes of ruling on a demurrer. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 6...

Excerpt: .... Cal. Ev. Code §452. This action stems from a familial dispute over real property located in India. Plaintiffs REMESHKUMAR BHARATI and JAGESHWARI BHARATI filed this action on December 15, 2017. Defendants demur to Plaintiffs' Complaint pursuant to CCP §§430.10(e) and 430.50(a). Defendants argue that this action is barred pursuant to the doctrine of res judicata where an Order of Dismissal was entered against Plaintiffs in 2007 in a similar, a...

Excerpt: ..., asserts the following causes of action: (1) Violation of Procedural Due Process Rights; (2) Intentional Infliction of Emotional Distress; (3) Violation of The American Disability Act – Rehabilitation Act of 1973; (4) Interference with Prospective Economic Advantage; and (5) Retaliation. The relevant facts are as follows: In 2009, The U.S. Department of Justice initiated an investigation of Plaintiff and his medical clinic in response to alleg...

Excerpt: ...llowing rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests…. 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 with Sections 2033.210, 2033.220, and 2033.230. (2) the party's failure to serve a timely response was the ...

Excerpt: ...A LILIANA CRUZ's First Amended Cross-Complaint is SUSTAINED without leave to amend. CCP §430.10(c); CCP §430.10(e). This first through tenth causes of action are STAYED in abatement pending disposition of BLANCA LILIANA CRUZ's claims in Case No. BC686871. All dates in case number BC686871are hereby VACATED. The dates already set in the subject action remain set. Plaintiff/Cross-Defendants' request for judicial notice is GRANTED. Cal. Ev. Code �...

Excerpt: ...r than 15 days from the Court's issuance of this Order. Defendant LI is ORDERED to provide verified responses and documents to Special Interrogatories (Set One) without objection no later than 15 days from the Court's issuance of this Order. This date may be extended pursuant to agreement of the parties. Moving Party to give Notice. No Opposition filed as of June 12, 2018. If a party to whom interrogatories are directed fails to respond at all, t...

Excerpt: ...Dept. SE-C. Moving Party to give notice. The parties are ORDERED to comply with CCP §430.41. If, after complying with CCP §430.41, court intervention is needed, the parties may appear and argue the merits on the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41. The decla...

Excerpt: ...ANTED. Cal. Ev. Code §452. This breach of employment contract action was filed by Plaintiff/Cross- Defendant CALLEROS (“Calleros”) on April 7, 2017. Calleros alleges, in pertinent part: “In early 2012, USG agreed to hire Calleros for a sales and customer service position. USG hoped to capitalize on Calleros' contacts in the industry and sales ability, and USG offered and Calleros' accepted the deal points for Calleros' services: a salary o...

Excerpt: ...lleged employment agreement between Plaintiff/Cross-Defendant LEMIEUX (“LEMIEUX”) and Defendant/Cross-Complainant K&M MEAT CO., INC. (“K & M”) In October 2013, LEMIEUX filed the underlying action. Plaintiff alleged breach of contract in her operative Complaint, which was subsequently amended to add fraud, against her employer. The alleged contract consisted of a one-page contract dated July 17, 1992 which was attached to the pleadings. Th...

Excerpt: ...roduction of third party business records directed towards Yahoo, Inc. Plaintiffs seek to obtain certain email communications between the Defendants from their respective Yahoo Address regarding this matter. Defendants argue that (i) the records sought from Yahoo are protected under the Stored Communications Act (“SCA”); and (ii) Plaintiff's counsel is not a proper deposition officer. “The Act states that a provider of an ‘electronic comm...

Excerpt: ...substituted service at MODA TRANSPORTATION, LLC's place of business. However, Figueroa argues that at the time service was allegedly effectuated, “Mr. Figueroa had not worked for Moda Transportation for more than one-year before the service was attempted.” (Notice 1: 24-25.) In order to gain jurisdiction over a party, that party must be properly served with the summons and complaint. CCP §415.20 provides in relevant part: “(b) If a copy of...

Excerpt: ...red on July 6, 2009, and an amended Judgment was entered on October 16, 2013— Defendant failed to file his motion within two years after entry of judgment. Second, Defendant's motion for order vacating default due to attorney inadvertence or mistake pursuant to CCP §473(b) is substantively defective. Under CCP §473(b), “[t]he Court may…relieve a party or [his] legal representative from a judgment, dismissal, order, or other proceeding tak...

Excerpt: ...INA's responses and production to request for production of documents (set one) is GRANTED. CCP § 2031.300 Defendant MIRIAM MEDINA (in pro per) is ORDERED to pay Plaintiff and its counsel of record, sanctions in the total amount of $480.00 ($300/hr. x 2 hrs.) + ($180 costs) no later than 15 days from the Court's issuance of this Order. Defendant MIRIAM MEDINA is ORDERED to provide verified responses and documents to Form Interrogatories (Set One...

Excerpt: ...90. II. Plaintiff's unopposed motion to compel Defendant G STAR BROADCASTING's INC's responses and production to request for production of documents (set one) is GRANTED. CCP § 2031.300 III. Plaintiff's unopposed motion to compel Defendant PHENJA WAN PANAY KHIEWDOUNDEN's responses to form interrogatories (set one) is GRANTED. CCP §2030.290. I. Plaintiff's unopposed motion to compel Defendant PHENJA WAN PANAY KHIEWDOUNDEN's responses to special ...

Excerpt: ... the existence of the documents, but not as to any hearsay statements contained therein. Cal. Ev. Code §452. This action for breach of contract was filed by Plaintiffs JOHN KENNEY, as trustee of the John W. Dailey and Dorothy M. Dailey 1989 Trust; and the JOHN W. DAILEY AND DOROTHY M. DAILEY 1989 TRUST on March 2, 2018. Plaintiffs allege that Defendants made certain misrepresentations in order to sell Plaintiffs securities and investments. The s...

Excerpt: ...ND GALLARZO PROPERTY HOLDINGS, INC.'s motion to strike portions of Plaintiff's Complaint is DENIED. CCP §436 Moving Party to give Notice. Defendants' request for judicial notice accompanying the instant demurrer is GRANTED in part, and DENIED as to RJN Exs. I, F, J, and K. Cal. Ev. Code §452. Defendants' request for judicial notice accompanying the instant motion to strike is GRANTED in part, and DENIED as to RJN Ex F. Cal. Ev. Code §452. Defe...

Excerpt: ... action arising from the threatened foreclosure of his residential real property. (Complaint ¶24.) Plaintiff's Complaint asserts the following causes of action: (1) Violation of Cal. Civ. Code §2923.55; (2) Violation of Cal. Civ. Code §2923.6; (3) Violation of Cal. Civ. Code §2923.7; (4) Violation of Cal. Civ. Code §2924(a); (5) Violation of Cal. Civ. Code §2924.9; (6) Violation of Cal. Civ. Code §2924.10; (7) Violation of Cal. Civ. Code �...

Excerpt: ... a trial court to impose monetary sanctions, issue sanctions, evidence sanctions, or terminating sanctions against ‘anyone engaging in conduct that is a misuse of the discovery process.' (Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377, 390.) “A willful failure does not necessarily include a wrongful intention to disobey discovery rules. A conscious or intentional failure to act, as distinguished from accidental or involuntary noncom...

Excerpt: ...CP ordered this matter coordinated as part of JCCP case no. JCCP4656; and (2) after the previous motion was heard, newly adopted California Senate Bill 33 was signed into law by Governor Brown. A party may make a motion for reconsideration based on new or different facts or law. (CCP §1008(b).) In addition, the Court generally has the ability, on its own motion, to reconsider a prior order “at any time” if the Court “determines that there ...

Excerpt: ...t two) is GRANTED. III. Plaintiff's motion to compel the deposition of Defendant WDW JOINT VENTURE's PMK is GRANTED. Moving Party to give notice. Motion to Compel Further Responses to Request for Identification and Production of Documents (set one) RPD Nos. 2-7. 9, 13, and 45: According to the parties' Joint Statement, “Defendant WDW Joint Venture provided unverified further supplemental responses…that are sufficient, but for the fact that th...

Excerpt: ...ED. Moving Party to give Notice. Defendant's motions to compel (1) Plaintiff's responses to form interrogatories; (2) Plaintiff's responses to special interrogatories; and (3) Plaintiff's responses to requests for admissions are denied as procedurally defective. Plaintiff has undisputedly responded to the discovery at issue prior to this hearing (and prior to the filing date of the subject motions). Defendant's instant motions seek to obtain Plai...

Excerpt: ...Defendant STEVE BENSON's responses and production to request for production of documents (set one) is GRANTED. CCP § 2031.300 I. Plaintiff's unopposed motion to deem matters in requests for admissions propounded on Defendant STEVE BENSON admitted is DENIED in part. CCP §2033.280. Defendant STEVE BENSON is ORDERED to pay Plaintiff and its counsel of record, sanctions in the total amount of $575.00 ($275/hr. x 1 hrs.) + ($300 costs) no later than...

Excerpt: ...Plaintiff TONEE J. NAVARRO on March 2, 2018. As alleged, the relevant facts are as follows: Plaintiff was hired by Defendant INJOY LIFE RESOURCES, INC. (“InJoy”) on or about November 3, 2014. (Complaint ¶11.) Plaintiff alleges that “Defendants subjected…Plaintiff to sexual harassment. [¶] During her employment with Defendants, Plaintiff was subjected to sexual harassment and hostile work environment.” (Complaint ¶¶39-40; See Complai...

Excerpt: ...her responses to Form Interrogatories (set one) is CONTINUED to Thursday, July 12, 2018 at 1:30 p.m. in Dept. SE-C. II. Defendant/Cross-Defendant GARCIA & GALLARZO, PROPERTY HOLDINGS LLC's motion to compel further responses to Special Interrogatories (set one) is CONTINUED to Thursday, July 12, 2018 at 1:30 p.m. in Dept. SE-C. I. Defendant/Cross-Defendant GARCIA & GALLARZO, PROPERTY HOLDINGS LLC's motion to compel further responses to Request for...

Excerpt: ...ent Agreement on November 14, 2017 where Defendant had not yet made an appearance in this matter, and no entry of default was taken. “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 <01e10003008f0083009b00 009700860089008f0087>nt pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction...

Excerpt: ...ed at 9324 Appleby Street, Downey, California 90240. The parties took title to the subject property as joint tenants on September 14, 2010, with a 50% interest in each joint tenant.” (Complaint ¶5.) “Plaintiff… alleges that Defendant claims an interest in the property adverse to plaintiff herein, in that Defendant denies that Adame has any interest in the subject property; and Defendant is claiming a 100% interest in the subject property f...

Excerpt: ... Shaoxing County Jocelyn Textile Co., Ltd. (“Jocelyn”) and Defendant FOX APPAREL GROUP LLC (“Fox”) entered into a transaction concerning wholesale fabric. Fox submitted two Purchase Orders to Jocelyn. In response, Jocelyn sent Fox two “Sales Contracts” via email. “The Sales Contracts had payment terms of 15 % deposit, 50% upon delivery, and 35% due in 30 days. [Citations Omitted.] On September 9, 2016, Fox wired $14,565.00 to Jocely...

Excerpt: ...S on July 7, 2017. It is undisputed that Plaintiff is a convicted and registered sex offender, who is not on parole. (Complaint ¶4.) In this action, Plaintiff challenges the validity of the City of Maywood's “blanket” sex offender housing restrictions because “the Maywood Residency Restrictions effectively banish Plaintiff and all Registrants from all affordable housing in Maywood.” (Id. ¶22.) Plaintiff alleges, in pertinent part: “Pl...

Excerpt: ...production of documents (set one) is GRANTED. CCP § 2031.300 Defendant SUNRISE LUXURY LIVING ROOMS, INC. is ORDERED to pay Plaintiff and its counsel of record, sanctions in the total amount of $470.00 ($350/hr. x 1 hr.) + ($120 filing fee) no later than 15 days from the Court's issuance of this Order. Defendant SUNRISE LUXURY LIVING ROOMS, INC. is ORDERED to provide verified responses and documents to Form Interrogatories (Set One); and Request ...

Excerpt: ... no later than 15 days from the Court's issuance of this Order. Moving Party to give Notice. No Opposition filed as of May 30, 2018. The Court is in receipt of Defendant OKEREKE's Notice of Motion and Motion to Deem Matters Admitted, filed on April 20, 2018. Defendant's Motion is STRICKEN, as it is procedurally improper and there is no such motion on calendar. “If a party to whom requests for admission are directed fails to serve a timely respo...

Excerpt: ...the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41. The declaration must be filed directly in Department SE-C no later than 3:00 p.m. on June 18, 2018. (NO FAX FILING.) CCP § 430.41(a), effective for demurrers filed on or after January 1, 2016, requires a demurring part...

Excerpt: ...ELO WANG on August 31, 2017. Plaintiff alleges “WANG hired AMGREEN SOLAR & ELECTRIC…to perform home improvement work and repairs of certain real property located at 21438 Wardham Avenue, Lakewood, CA, 90715 in the City of Lakewood, County of Los Angeles, State of California (referred to herein as ‘PROJECT').” (SAC ¶2.) “WANG is informed, believes, and thereon alleges, that from the start date of the PROJECT through the present date, De...

Excerpt: ...mal order for the Court, in compliance with CCP §639(d), including (1) the exceptional circumstances requiring the reference; (2) the subject matter or matters included in the reference; (3) the name, business address, and telephone number of the referee; and (4) the maximum hourly rate the referee may charge, not later than Thursday, June 7, 2018. (Must be filed directly in Dept. SE-C. NO FAX FILING.) If Counsel cannot reach an agreement on the...

Excerpt: ... action on February 25, 2016. Plaintiffs allege that Defendants caused severe property damage to one of their buildings. Plaintiffs' damages were allegedly caused by Defendants' negligent demolition/construction project on a building adjacent to Plaintiffs' building. The two entity Plaintiffs in this action are owned jointly by three brothers, RAMIN RAHIMI, PAYMEN RAHIMI, and KAMRAN RAHIMI (collectively “Rahimi Brothers”). At their respective...

Excerpt: ...NTED. CCP § 2031.300 I. Plaintiff's unopposed motion to deem matters in requests for admissions propounded on Defendant FRANK GARCIA admitted is GRANTED. CCP §2033.280. II. Plaintiff's unopposed motion to deem matters in requests for admissions propounded on Defendant SUNRISE LUXURY LIVING ROOMS, INC. admitted is GRANTED. CCP §2033.280. Defendant FRANK GARCIA and his counsel of record are ORDERED to pay Plaintiff and its counsel of record, san...

Excerpt: ...pliance with Rule 3.1354 of the California Rules of Court. Defendant/Cross-Complainant CHA LA MIRADA, LLC's requests for judicial notice are GRANTED. Cal. Ev. Code §452. Pursuant to CCP §437c(f)(2), “a party may not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court, unless that party establishes to the satisfaction of the court, newly discovered facts or circumstances or a ch...

Excerpt: ...re to submit a proposed order in compliance with Rule 3.1354 of the California Rules of Court. This wrongful foreclosure action was filed by Plaintiffs CARL WHALEY and LAVON BOYD WHALEY on January 3, 2017. Plaintiffs argue that Defendants lack standing to foreclose on the subject property. There is no allegation that any foreclosure has taken place. A FAC was filed on June 8, 2017. The FAC asserts the following causes of action: (1) Wrongful Fore...

Excerpt: ...h of Covenant of Good Faith and Fair Dealing; (3) Negligence; (4) Negligent Misrepresentation; (5) Intentional Misrepresentation; and (6) Concealment. Defendant SANDOVAL demurs to Plaintiff's fourth, fifth, and sixth causes of action pursuant to CCP §430.10(e). Defendant ESTEBAN D. STREMIZ demurs to Plaintiff's first cause of action for breach of contract pursuant to CCP §430.10(e). First Cause of Action – Breach of Contract Defendant demurs ...

Excerpt: ...he continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41. The declaration must be filed directly in Department SE-C no later than 3:00 p.m. on June 18, 2018. (NO FAX FILING.) CCP § 430.41(a), effective for demurrers filed on or after January 1, 2016, requires a demurring party...

Excerpt: ...r. x 3.5 hrs.) within 15 days from the issuance of this Order. Defendants filed the instant Motion on January 9, 2018. The Motion states, in pertinent part, “[Defendants] will, and hereby do, move for a protective order restricting the use of discovery methods, specifically, that defendants time to respond to the six pieces of written discovery propounded by Plaintiff be extended from January 15, 2018 to January 25, 2018….” Given the date o...

Excerpt: ...its own facts and circumstances, but trial courts generally consider the following factors: (1) the timeliness of the motion: whether granting consolidation would delay the trial of any of the cases involved; (2) complexity: whether joining the actions involved would make the trial too confusing or complex for a jury; and (3) prejudice: whether consolidation would adversely affect the rights of any party (State Farm Mut. Auto. Ins. Co. v. Superio...

Excerpt: ...hearing date. Plaintiff is ORDERED to FILE and SERVE the Second Amended Complaint within 5 Court days of the hearing date. Plaintiff seeks leave to file a Second Amended Complaint. Plaintiff's proposed SAC seeks to amend the FAC by adding additional causes of action against Defendants VELEZ and SPS. California recognizes “a general rule of…liberal allowance of amendments…” (Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 939.) It has ...

Excerpt: ...quash deposition subpoena for production of business records by Lightguard Systems, Inc. is GRANTED. CCP §1987.1. I. Defendant CITY OF SOUTH GATE's motion to quash deposition subpoena for production of business records by National Data & Surveying Systems, Inc. is GRANTED. CCP §1987.1. Moving Party to give Notice. Plaintiffs and their counsel of record are ORDERED to pay Defendant CITY OF SOUTH GATE and its counsel of record, sanctions in the t...

Excerpt: ...ss- Defendant WNG CONSTRUCTION JV, INC. (“WnG”) against Defendants AAA Solar Electric, Inc.; AAA Network Solutions; Safety National Casualty Corporation; and Philadelphia Indemnity Insurance Company. On February 27, 2018, Defendant/Cross-Complainant AAA SOLAR ELECTRIC, INC (“AAA”). filed its first amended cross-complaint (“FAXC”) As alleged, the relevant facts are as follows: “Beginning in 2014, Cross-Defendant WNG CONSTRUCTION and ...

Excerpt: ...in the Notice of Deposition dated January 15, 2018, at a reasonable date and time to be determined by the parties— no later than 15 days from the date of this hearing. The date may be extended by agreement of the parties. A party may obtain discovery by taking oral depositions. (CCP §2025.010.) Service of a proper deposition notice obligates a party to attend and testify. If such party fails to appear, such appearance may be compelled and mone...

Excerpt: .... Code §452.) Plaintiff's request for judicial notice is GRANTED as to Exs. A-2, A-3, A-6, A-7, A- 9, and A-10. (Cal Ev. Code §452.) This action for quiet title was filed by Plaintiff (in pro per) ALFRED VALLADARES on July 25, 2017. The relevant facts are as follows: On or about December 11, 2006, Plaintiff obtained a loan in the amount of $646,800.00 secured by a Note and Deed of Trust on real property located at 10246 Newville Avenue, Downey,...

Excerpt: ...sserts the following causes of action: (1) Breach of Contract; (2) Breach of Covenant of Good Faith and Fair Dealing; (3) Negligence; (4) Negligent Misrepresentation; (5) Intentional Misrepresentation; and (6) Concealment. Defendant SANDOVAL demurs to Plaintiff's fourth, fifth, and sixth causes of action pursuant to CCP §430.10(e). Fourth, Fifth, and Sixth Causes of Action – Negligent Misrepresentation, Intentional Misrepresentation, and Conce...

Excerpt: ...sed order in compliance with Rule 3.1354 of the California Rules of Court. This action was filed in April 2015. Plaintiff is the daughter of Decedent Dorothy Weaver. Plaintiff alleges the following facts: In 2014, Decedent was Defendant's patient. In October 2014, Decedent was to be transferred from Kaiser Hospital to her home, accompanied by one of Defendant's nurses. At the time of Decedent's arrival to her home from Kaiser, Defendant's nurse w...

Excerpt: ...judicial notice is GRANTED. Cal. Ev. Code §452. This elder abuse action was filed by Plaintiff IDA MCGOWAN on December 14, 2017. The relevant facts are as follows: “On 12/16/2015, at Defendant GOINGS' skilled nursing care facility, known as Villa Elena Healthcare Center…Defendant JAVIER FIGUEROA working for Defendant MODA was moving Plaintiff in a wheelchair on Defendant GOINGS premises. Defendant FIGUEROA pushed Plaintiff and her wheelchair...

Excerpt: ...egal Matters are to be resolved in the South Bay Municipal Court of Los Angeles, California.” (Complaint, Ex. A.) Defendants move to transfer this action from Los Angeles County to Riverside County pursuant to CCP §§ 395(a), 395.5, 396b, 397(a), and 398. Defendants bring this motion on “wrong court” grounds, contending that this action should have been filed in Riverside County rather than Los Angeles County. As the moving parties seeking...

Excerpt: ...Complaint is MOOT. Moving Party to give notice. Defendants' request for judicial notice is GRANTED. Cal. Ev. Code §452. This contractual fraud action was filed on November 1, 2017 by Plaintiff MINA MONTEJANO. The relevant facts are as follows: “On or about October 17, 2006, Plaintiff executed a deed of trust to secure payment of a note pertaining to the Subject Property. On or about July 30, 2014, a purported trustee sale of the Subject Proper...

Excerpt: ...nd Serve the Demurrer and Motion to Strike within 10 calendar days (plus 5 extra days for service by mail), from the date of this hearing. This matter is restored as an active civil case. All parties are ORDERED to appear for the currently set MANDATORY SETTLEMENT CONFERENCE on August 1, 2018 at 8:30 a.m. in Dept. SE‐F. Defendants argue that they lacked actual notice to defend this action due to Plaintiff's failure to serve her Second Amended C...

Excerpt: ...t Defendants Henao and Bocanegra “betrayed Cartamundi's trust and began scheming to form a competing company, Praxis, while still employed by Cartamundi, and misappropriated Cartamundi's trade secrets and improperly obtained and used Cartamundi's confidential and proprietary information, altered Cartamundi's products, repacked them under the Praxis brand and passed them off as their own, diverted work away from Cartamundi to Praxis, and spread ...

Excerpt: .... Code §452.) This action for quiet title was filed by Plaintiff DORA LUZ SOLANO on January 30, 2017. On or about December 15, 2005, Plaintiff obtained a $386,000.00 mortgage loan from the originating lender AMERICAN MORTGAGE NETWORK, INC., which was secured by a Deed of Trust recorded against the Subject Property located at 2729 Hope Street, Huntington Park, California 90255. The Deed of Trust was assigned to the Demurring Defendant herein, U.S...

Excerpt: ...) Violation of Procedural Due Process Rights; (2) Intentional Infliction of Emotional Distress; (3) Violation of The American Disability Act – Rehabilitation Act of 1973; (4) Interference with Prospective Economic Advantage; and (5) Retaliation. The relevant facts are as follows: In 2009, The U.S. Department of Justice initiated an investigation of Plaintiff and his medical clinic in response to allegations of billing fraud. (SAC ¶5.) While Pl...

Excerpt: ...erve a Supplemental Reply per CCP §1005(b) in accordance with the new hearing date. Opposing Party to give Notice. The Court notes that Plaintiff's Motion to Quash Deposition Subpoenas or in the Alternative for A Protective Order is set to be heard on August 9, 2018. This elder abuse action was filed by Plaintiff FANNIE KILGORE on July 6, 2017. The action was stayed in abatement following the death of Plaintiff FANNIE KILGORE in or around August...

Excerpt: ...enas directed to LOC PHAM and the Person(s) Most Knowledgeable for LCF PRACTICE SALES & FINANCING, A DIVISION OF LCF FINANCIAL, INC. According to Defendants, “[b]y way of the subpoenas, Plaintiffs seek production of certain materials related to the listing and sale of a dental practice (doing business as De La Cruz Dental) that was co‐owned on a respective 51 to 49 percent basis by Dr. Lourenco and Ms. Rodriguez.” (Motion 4:9‐11.) Defenda...

Excerpt: ...tled to attorney's fees. C.C.P. § 425.16(c)(1). “[A] prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs. (CCP §425.16(c).) “Any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131.) However, the award of attorney fees must be reasonable. (See Robertson v. Rodriguez (1995) 36 Cal.App...

Excerpt: ...nded Complaint. Plaintiff has new legal representation, and Plaintiff's proposed SAC seeks to amend the FAC by (1) adding two new Defendants; (2) adding a new legal theory of liability as to the new proposed Defendants; and (3) adding two additional causes of actions based on new facts discovered through discovery after the FAC was filed. California recognizes “a general rule of…liberal allowance of amendments…” (Nestle v. City of Santa M...

Excerpt: ...onformity with the laws of this state, a court rule or order of court.” (CCP §436.) The basis for punitive damages must be pled with specificity. Plaintiff must allege specific facts showing that Defendants' conduct was oppressive, fraudulent, or malicious. (Smith v. Superior Court (1992) Cal.App.4th 1033, 1041‐1042.) The Motion to Strike seeks an order striking the allegations regarding punitive damages ‐ ¶53 at page 9, lines 6‐8 and P...

Excerpt: ...ts/Cross-Complainant OCEANICA PACIFIC, INC. and Defendant TEHION KIM's joinders are GRANTED. On November 7, 2017, this Court granted Defendant KIM's: (1) motion to compel responses to requests for production of documents; (2) motion to compel responses to form interrogatories; (3) motion to compel responses to special interrogatories; and (4) motion to deem matters in requests for admissions admitted. Plaintiff was ordered to provide verified res...

Excerpt: ...ful termination was filed by Plaintiff MIGUEL ANGEL CUEVA on December 8, 2017. The relevant facts are as follows: “Plaintiff began his employment with the Defendant as a driver, on October 20, 2014.” (Complaint ¶17.) “During Plaintiff's employment with Defendant, Plaintiff was not provided rest periods for work periods of four (4) hours or more, and was not provided with meal periods for work days in excess of five (5) and/or ten (10) hour...