Excerpt: ... overruled. Co-Defendant Hoover Materials Handling Group, Inc.'s evidentiary objections are overruled. 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).) This case arises out of the death of Decedent Jesus Aguilar Rocha from injuries sustained in a chemi...

Excerpt: ... to constitute a cause of action. [The court notes that MV Transportation filed a Notice of Settlement on 8/8/19, and MV Transportation took its demurrer and motion to strike off calendar through the court reservation system. Therefore, this court will only address City's demurrer.] The Second Amended Complaint (“SAC”) alleges that on 12/10/17, Defendants negligently entrusted, managed, maintained, drove, operated, controlled and supervised t...

Excerpt: ...ned therein. (Cal. Ev. Code §452.) Defendants' evidentiary objections are overruled for failure to submit a proposed order in compliance with Rule 3.1354 of the California Rules of Court. Moreover, some of the pages and paragraph numbers cited to, do not correspond with the quoted objectionable sentences or paragraphs. This action for breach of contract was filed by Plaintiffs KEITH BLACK, INC. (“KBI”) and FAST MACHINE, INC. (“FMI”) (col...

Excerpt: ...iffs RICARDO RUBIO and TERESA RUBIO (collectively “Plaintiffs”) on September 24, 2018. The relevant facts, as alleged, are as follows: “On or about January 24, 2008 Plaintiffs Ricardo and Teresa Rubio executed an ‘Installment Note' in the amount of $50,000.00 payable to ‘Bancor, Inc.' Exhibit A. A ‘Short Form Deed Trust and Assignment of Rents' was also executed on or about the same day which appears to secure the note. Exhibit B. The...

Excerpt: ...CP §§128.5 and 128.7. A trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay. (CCP §128.5(a).) “Sanctions ordered pursuant to this section shall be ordered pursuant to the following conditions and procedures… (A) A motion for sanc...

Excerpt: ...obable validity of the claim based on a preponderance of evidence. (CCP §§405.32m 405.31; Kirkeby v. Sup. Ct. (2004) 33 Cal.4th 642, 648.) The decision regarding the likelihood that a plaintiff will prevail, as to a motion to expunge, reflects trial courts' evaluations of the record, which appellate courts will review for substantial evidence, but they will reweigh moving and opposing parties' conflicting evidence or adjudge credibility of witn...

Excerpt: ...r summary judgment, or in the alternative, summary adjudication on the first cause of action against Defendant CAL STATE XPRESS INC. and on the fourth cause of action against Defendant SHINDA AHEER. The Court GRANTS summary adjudication in favor of Plaintiff and against Defendant CAL STATE XPRESS on the first cause of action for breach of contract and DENIES summary adjudication on the fourth cause of action for breach of contract against Defenda...

Excerpt: ...ross-Complainant Applied Underwriters Captive Risk Assurance Company Inc. (“AUCRA”) has sued Cross-Defendants Shims Bargain, Inc. dba JC Sales and The, Inc. (collectively, “Shims”) for breach of a Reinsurance Participation Agreement. See Cross-Complaint, first cause of action for breach of contract. The cross-complaint alleges that EquityComp is a loss sensitive workers' compensation insurance program through which participants can obtain...

Excerpt: ...D AND SCHMIDT CONSULTING ENGINEERS, INC.'s Request for Judicial Notice is GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. Cal. Ev. Code §452. Defendant/Cross-Complainant ROCKVIEW DAIRIES, INC.'s Request for Judicial Notice is GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. Cal. Ev. Code §452. Plaintiff/Cross-Defendant STEARNS, CONRAD AND ...

Excerpt: ...ts: On March 8, 2017, Plaintiff James Eubanks underwent spinal surgery at Kaiser Permanente Downey Medical Center. The surgery was performed by Elizabeth Nordheim, M.D. During surgery, Plainitff's legs were fitted with automatic compression devices to prevent blood clotting. The devices were produced by Defendant Arjo, Inc. Neuromonitoring of Plaintiff during the surgery was performed by Defendant Alpha Diagnostics. For purposes of this motion, D...

Excerpt: ...days. Moving Party to give NOTICE. Defendant Cotta moves to compel Plaintiff's further responses to request for production of documents pursuant to CCP 2031.310. CCP 2031.310 allows a party to file a motion compelling further responses to document demands 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 decla...

Excerpt: ...upon terms it deems proper, strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP 436.) The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice (e.g., the court's own files or records...

Excerpt: ...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).) Complaint The operative complaint is the First Amended Complaint (“FAC”), filed on 7/27/18. Plaintiffs Usbaldo Munoz and Jaime Gonzalez allege that on 11/24/17, Plaintiff Munoz saw unknown men with chainsaws on ...

Excerpt: ...NE KAKOYAN, MARIANNA KAKOYAN, and ALBERT KAKOYAN on September 19, 2017. The relevant facts are as follows: “Defendants Hasmik Kakoyan and Aida Kakoyan, are the aunts of Plaintiffs Marianna Kakoyan and Albert Kakoyan, respectively….” (TAC ¶14.) “On or about April 26, 2002, Plaintiff Karine Kakoyan and her now-deceased spouse, Hmayak Kakoyan, jointly applied for and obtained a Life Insurance Policy from Conseco Life Insurance Company, Poli...

Excerpt: ...ion for contractual fraud was filed by CHARLEY JOHNSTON (in pro per) on June 21, 2018. The relevant facts, as alleged, are as follows: “Case #VC065435 came to a 3-day trial in December 2016. Judge Meyers issued a final judgment (Exhibit 2) on Sept. 7 of 2017. It clearly defines the value ($38,649.50) David Meneghini was ordered to pay to Charley Johnston to take over 100% ovwnership of the LLC. The final judgment also gave David Meneghini a 30-...

Excerpt: ...D. CCP §2033.280. Moving Party to give notice. Motion for Summary Judgment/Adjudication: This action for reformation was filed on May 16, 2018. Plaintiff alleges in pertinent part, “On or about September 22, 2005, the Leon Defendants encumbered the Property with a loan of $250,000.00 from American General Financial Services, Inc…. Plaintiff is the current holder of the Note and the record beneficiary of the Deed of Trust…. [¶] The legal d...

Excerpt: ...oving Party to give notice. The Court notes that DAG LAW FIRM, APC's Motion(s) to Withdraw as Counsel of Record for Plaintiffs MARTIN HOLGUIN and SILVIA HOLGUIN were granted on June 19, 2019 and June 26, 2019, respectively. As of July 3, 2019, no Substitution of Attorney forms have been filed or lodged with the Court. This personal injury action was filed by Plaintiffs MARTIN HOLGUIN (in pro per) and SILVIA HOLGUIN (in pro per) (collectively “P...

Excerpt: ...ings from Calendar is OVERRULED and DENIED. A motion for judgment on the pleadings may be made when a “defendant has already filed his or her answer to the complaint and the time for the defendant to demur to the complaint has expired.” (CCP §438(f)(2).) Plaintiff's First Amended Complaint was filed on May 9, 2019. Defendant OCWEN LOAN SERVICING, LLC's Answer was filed on June 10, 2019. The time to demur had expired on June 10, 2019. The ins...

Excerpt: ...stay plaintiff's deposition subpoena for production of business records of Mercury Insurance Company is GRANTED. IV. Defendant 6059 Greenleaf LLC's unopposed motion for protective order regarding deposition subpoena for production of business records of Mercury Insurance Company is MOOT. Reduced sanctions for all four motions are imposed against Plaintiff and counsel, jointly and severally, in the sum of $2,000.00, payable within 30 days. V. Plai...

Excerpt: ... EAST ANDERSON STREET LLC and ZION VANOUNOU's attached as Exhibits F and G to the Moving Papers are NOT deemed filed and served as of the hearing date. Defendants shall File and 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 scheduled DEFAULT PROVE UP HEARING ...

Excerpt: ...e) within 30 days of the date of this hearing. When a motion to expunge lis pendens is filed, the burden is on the opposing party to show that the complaint contains allegations of a real-property claim, and to evidence the probable validity of the claim based on a preponderance of evidence. (CCP §§405.32m 405.31; Kirkeby v. Sup. Ct. (2004) 33 Cal.4th 642, 648.) The decision regarding the likelihood that a plaintiff will prevail, as to a motion...

Excerpt: ...or Protective Order. “(a) When requests for admission have been made, the responding party may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) The court, for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. This protective order may include, but is ...

Excerpt: ...NZA's Demurrer to Plaintiff's First Amended Complaint Defendant's Request for Judicial Notice is GRANTED as to the existence of the document, but not as to any hearsay statements contained therein. (Cal. Ev. Code §452.) This action concerning real property was filed by Plaintiff MARIA SANCHEZ (“Plaintiff”) on August 24, 2018. Plaintiff is 83 years old, and the mother of Defendant SAMUEL P. YNZUNZA (“Defendant”). Plaintiff alleges that �...

Excerpt: ...t. 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. (SAC, ¶13.) “Plaintiff's employment was pursuant to an oral employment agreement…. The terms…were that Plaintiff would be employed as an at will emp...

Excerpt: ...s the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, o...