Excerpt: ...s a party to file 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).) On 8/13/19, Defendant responded to Plaintiff's meet and confer efforts by offering to “supplement its document production and produce additional documen...

Excerpt: ...A to Defendants' Request for Judicial Notice in Support of Defendants' Demurrer to Plaintiff's Third Amended Complaint and Motion to Strike Under Seal is GRANTED. Plaintiff to give Notice. Defendants ELLESTAD and VAIL's (collectively “Defendants”) Request for Judicial Notice of the October 17, 2017 E-Mail between Matt Vail and Chris Otey and Attachments is DENIED. The demurrer is limited to the four corners of the TAC and any additional facts...

Excerpt: ... 2016. The relevant facts, as alleged, are as follows: “In June of 2007, Plaintiff's Father, Robert G. Castanon, purchased real property…located at 11826 Loma Drive, Whittier, California, 90604….” (Complaint ¶5.) “On 04 December 2007, Robert G. Castanon recorded a Grant Deed…. The Grant Deed added Delia Castanon as a joint tenant.” (Complaint ¶9.) “Plaintiff occupies the PROPERTY as her sole residence. [¶] On 03 September 2011,...

Excerpt: ...st Defendants LEE, YU, FIELDS, and LEE AND FIELDS in the interests of judicial economy. A motion for severance asks the Court for separate trials on certain issues. Generally, the purpose of such motion is to avoid prejudice, promote convenience, or allow for economic and efficient handling of the case. (See CCP §1048(b).) It will not be conducive to judicial economy and efficiency to separate this case into two separate trials where CHOE's caus...

Excerpt: ...position at a reasonable date and time to be determined by the moving party no later than 15 days from the Court's issuance of this Order. The date may be extended by agreement of the parties. Moving Party to give notice. On February 4, 2019, Plaintiff/Cross-Defendant PIH HEALTH HOSPITAL - WHITTIER (“PIH”) served a notice of deposition for Defendant/Cross- Complainant J.Y. PROCK's (“Prock”) deposition. The deposition was to take place on ...

Excerpt: ...rbitrator; (iii) attached a copy of the award and the written opinion of the arbitrator; and (iv) is brought within four years after date of service of copy of award on petitioner. (See CCP §1285.) The Petitioner meets all the requirements of the statue. In Opposition, Respondent AMERICAN FINANCIAL NETWORK, INC. argues that confirmation of the default arbitration award should be denied because the <0097009000960003009100 009100900087009401ef>s c...

Excerpt: ...dants”) demur to Southwest Remodeling, Inc.'s (“cross‐ complainant”) Third Cause of Action on the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain. UNCERTAINTY Demurrer on grounds of uncertainty will not be sustained unless the complaint is so bad that the defendant cannot reasonably respond. (Koury v. Maly's of California (1993) 14 Cal.App.4th 612, 616.) The Court finds the Third Cause of A...

Excerpt: ...CP §430.10(e). II. Cross-Defendant Intervenor ALLIED WORLD SURPUS LINES INSURANCE COMPANY on behalf of itself and Cross-Defendant SECURITY PROTECTION SERVICES, INC.'s Motion to Strike Portions of Defendant/Cross-Complainant LYLE PARKS JR. CONSTRUCTION's Second Amended Cross-Complaint is MOOT. Moving Party to give Notice This personal injury action was filed by Plaintiff SIAKIMATIVA SIMETA on December 7, 2016. On January 25, 2019, Defendant/Cross...

Excerpt: ...21, 2017, the Premises constituted a dangerous condition on public property which created a substantial and unreasonable risk of serious bodily harm when used by pedestrians with due care in a manner in which it was reasonably foreseeable that it would be used (crossing the street while walking on Pacific Blvd.[ ) ], and the condition was not reasonably apparent to, and would not be anticipated by, a reasonable person using the Premises with due ...

Excerpt: ...ion subpoena for the deposition of Barbara C. Luna, CPA under CCP §1987.1, or alternatively for a protective order. Defendant argues that the subpoena fails to comply with the statutory requirements governing subpoenas that seek personal records of consumers; and that the subpoena seeks the deposition of Plaintiff's expert witness prematurely prior to the formal designation of expert witnesses in this matter. In Opposition, Plaintiff argues that...

Excerpt: ...) On or about February 26, 2016, Plaintiff entered into a sublease with Defendant ALL-WAYS PACIFIC, LLC. (FAC ¶17.) On or about March 1, 2016, Defendant ALL-WAYS PACIFIC, LLC took possession of the Subleased Premises, and sometime after taking possession, allegedly allowed Defendants US WAREHOUSE, INC.; MIZARI WEST ENTERPRISES, INC.; and MIZARI ENTERPRISES, INC. (collectively “Mizari”) to occupy a portion of the subleased premises. (FAC ¶¶...

Excerpt: ...UBER TECHNOLOGIES, INC.; and RASIER, LLC's Motion for Determination of Good Faith Settlement is GRANTED. CCP §877.6 Plaintiff to give Notice. Motion to Seal Defendants UBER TECHNOLOGIES, INC.; and RASIER, LLC's Motion for Determination of Good Faith Settlement “The court may order that a record be filed under seal only if it expressly finds facts that establish: [¶] (1) There exists an overriding interest that overcomes the right of public ac...

Excerpt: ...to Defendant VILLA ELENA CONVALESCENT HOSPITAL. CCP §581(f)(1).) Defendants to give Notice. On February 15, 2019, Defendants filed an ex parte motion to dismiss this action with prejudice pursuant to CCP §581(f)(2) for Plaintiff's failure to file a Third Amended Complaint within the time allowed in this Court's January 18, 2019 Order. In Opposition, Plaintiff argued that leave to amend should nonetheless be granted under CCP §473(b) due to Pla...

Excerpt: ...medical records is overbroad, will lead to the discovery of non- relevant information, and invades her right to privacy. In Opposition, Defendants argue that discovery of Plaintiff's prescribed medications are necessary where Plaintiff alleges that she was drugged by Defendant FRENCH. “What occurred during the appointment on January 6, 2016 is the central focus of this litigation…... [P]laintiff is seeking to block access to information regar...

Excerpt: .... All parties are ORDERED to appear for a Status Conference on Friday, February 28, 2020 at 8:30 a.m. in Dept. SE-F. Moving Party to give Notice. Pursuant to CCP §128(a)(3), every court has the power to provide for the orderly conduct of proceedings, including the power to stay discovery in a civil action pending outcome of a related criminal case. “Courts recognize the dilemma faced by a Defendant who must choose between defending the civil l...

Excerpt: ...30 days from the Court's issuance of this Order. Defendants MARIO R. LEON and BLANCA V. LEON (in pro per) are ORDERED to provide verified responses to Form 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(s) filed as of February 28, 2019. If a party to whom interrogatories are direct...

Excerpt: ...Code. Counsel are advised that their meet and confer efforts should go beyond merely sending letters stating their respective positions. (See Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) Counsel are ORDERED to make further efforts to resolve the issues presented. If, after exhausting those efforts, court intervention is needed, counsel may appear and argue the merits on the continued hearing date. If counsel are unable to informa...

Excerpt: ...the petitioner and respondent to arbitrate a controversy if the court finds that 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 m...

Excerpt: ...a et al. No. (VC066907). Moving Party to give Notice. Untimely Opposition filed and served on February 13, 2019. Due by February 11, 2019. (CCP §1005(b).) Although Defendant's Opposition was untimely, it was reviewed and considered by the Court. Defendants move to consolidate Belman v. Garcia and Gallarzo Property Holdings, LLC, et al. No. VC065875, with Belman v. Garcia et al. No. VC066907. In Opposition, Plaintiff argues that Defendants' insta...

Excerpt: ...on of the depositions, which shall take place no later than 15 days from the date of the Court's issuance of this Order. The date may be extended by agreement of the parties. A party may obtain discovery by taking oral depositions. (CCP §2025.010.) CCP §2025.450, which governs motions to compel deposition, provides that “[i]f, after service of a deposition notice, a party to the action…without having served a valid objection under §2025.41...

Excerpt: ...aintiff TTF and Defendant Spectrum engaged in a commercial business relationship wherein they had an ongoing sales agreement in which Defendant Spectrum would purchase products from Plaintiff TTF, to wit, plastic bags. Said sales agreement continued on through March 14, 2013.” (TAC ¶5.) From November 2012 to March 2013, Defendant placed multiple orders with Plaintiff, allegedly amounting to $6,127,626.16 worth of product. (TAC ¶6.) Defendant'...

Excerpt: .... Plaintiff's FAC was filed on May 2, 2017. The relevant facts, as alleged, are as follows: “On May 13, 2016, the HR manager called Plaintiff into his office to tell him, ‘you are being released from his duties, Plaintiff asked why, ‘because Plaintiff asked the ex-employee Mary, ‘if she was straight' he also stated that' he found more witnesses that were present when Plaintiff asked ‘is she was straight.' Plaintiff replied to him where ...

Excerpt: ... October 11, 2017. The FAC, filed on September 7, 2018 alleges in pertinent part, “At all times herein mentioned, Defendant, RAJAN BAMOLA (‘BAMOLA'), was a resident of the County of Los Angeles, State of California. Defendant, BAMOLA, was at all material times, acting as the employee, agent, and representative of every other defendant. Upon information and belief, the Attacker subsequently deceased on November 7, 2017.” (FAC ¶3.) “On or ...

Excerpt: ...dants' BANK OF HOPE and PARK's demurrer is DENIED. It is unclear to the Court how MICHAEL CHANG; TOP PRIORITIES CORPORATION; TZO HARVARD LLC; and MR. SOLOMON, LLC can join in the demurrer where not all Defendants are similarly situated. Moving Party to give Notice. This action was filed by Plaintiffs JAMAL DAWOOD; WHITE EAGLE PROPERTIES; MEDLINE MANAGEMENT CORPORATION; and FIRESTONE FINANCE CORPORATION on August 7, 2017. A First Amended Complaint...

Excerpt: ...iff on April 26, 2018. On September 5, 2018, the subject First Amended Cross-Complaint was filed by Defendant/Cross-Complainant HERZOG/REYES, A JOINT VENTURE (“HRJV”) on September 5, 2018. HRJV's FAXC asserts the following causes of action: (1) Breach of Contract; and (2) Implied Contractual Indemnity. Defendant CITY OF LONG BEACH demurs to HRJV's second cause of action pursuant to CCP §430.10(e). Second Cause of Action – Implied Contractu...