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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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...