Excerpt: ...x parte application on June 15, 2022, seeking to shorten time for a Motion for Leave to Intervene. Although counsel for LECR says that document, when served, included the proposed motion, no such proposed motion shows in the version of the ex parte filed with the Court. It is quite possible that the arguments for such motion are similar or identical to those arguments in the ex parte, but nothing so captioned is attached and the Declaration of Jo...

Excerpt: ...App.4th 336, 343. Merits of Motion: Plaintiff first sued this defendant (and various related co-defendants who have not appeared in this action (BC693360) to date) in a Complaint filed in pro per by Mr. Crosby on November 8, 2016 and assigned docket number BC640177. Mr. Crosby made a Motion for Appointment of Counsel in BC640177, which was heard on June 6, 2017 and continued to June 26, 2017. On June 26, 2017, when it was clear that none of the p...

Excerpt: ...position to defendant's motion: Overruled. Requests for Judicial Notice: Defense Request for Judicial Notice in support of motion: Granted. Plaintiff's Request for Judicial Notice in support of motion: Granted. Merits: The relevant facts are not in dispute; hence the cross-motions for a dispositive ruling. What is in dispute is the correct application of California surety law generally and the provisions of the bond provisions of the California I...

Excerpt: ...ourt trial, the motion is in violation of Local Rule 3.57(b) since the procedures required by C.C.P. § 437c for the bringing of a motion for summary judgment or adjudication have not been followed. Insofar as plaintiff seeks a ruling that evidence CONTRARY to the admissions be barred, the motion is denied because defendants in good faith provided verified responses to the Requests for Admissions by the new deadline of July 30, 2020, and they bel...

Excerpt: ...sponses were supplied, and Plaintiff moved to compel such responses by two motions filed November 24, 2020 and set for hearing on January 13, 2021. In an Opposition filed December 28, 2020, in the form of a Declaration of defense counsel Jeff Mann, the Defendants blamed Mr. Mann's positive COVID-19 test on an unspecified date for their delayed response as well as the assertion counsel “mis calendared the due date for the opposition.” Verified...

Excerpt: ... requested by plaintiff, of Articles of Incorporation for Antelope Valley Fair Association filed with the Secretary of State on October 25, 2011, which show it to describe itself as a Non-Profit Public Benefit Corporation. The defendant in this case has appeared on May 29, 2020 through counsel with a Notice of Appearance filed on behalf of “Antelope Valley Fair Association.” The instant motion is brought on behalf of defendant under that exac...

Excerpt: ...ake action to protect the corporation or allegations about the futility of attempting to do so as an alternative to making an actual demand. In opposition to the demurrer, plaintiffs protest that none of the claims are intended to be derivative as they merely reflect the claims of certain minority shareholders who believe that corporate management has taken steps to harm them in ways that are not systemic harm to the corporation as a whole. The p...

Excerpt: ...aw Firm, PC been disclosed to the Court in any of these papers? If so, where? If not, please provide a summary declaration from a competent declarant from Aegis Law Firm stating how the fees will be split and the costs will be split. 2. Has Dayle Masters himself ever stated that he is aware of and agrees to the terms of the fee split as between the two firms? I know Ms. Campbell says by hearsay that he has expressed such an agreement, but I'd...

Excerpt: ...stances, the only valid way that mail service of the discovery could be done was to send it to his residence address, not to his office address. The discovery in question was mailed to the office address. Therefore, service was invalid and this defendant had no obligation to respond. The Court would have reached this conclusion whether or not an untimely Opposition to the motion was filed (as here, since it was one day late). The motions are each...

Excerpt: ...the information sought is not subject to a complete privilege and the plaintiff's due process rights allow the inquiry. Provide supplemental responses by June 1, 2018. ...

Excerpt: ...6, 2018 per the Minute Order of April 10, 2018 granting the defense ex parte in part, the Court believes that plaintiff was entitled pursuant to C.C.P. sec. 472 to file an Amended Complaint by such deadline in lieu of an Opposition, notwithstanding the more general terms of the Order on ex parte application filed on March 27, 2018. Plaintiff having done so, this causes each of these demurrers to be off calendar. It would be inherently unfair to m...