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