Excerpt: ...ING: [No Opposition]. Demurrer to Plaintiff's Complaint for Damages: The meet and confer declaration filed by defendant indicates that in violation of plaintiff's <004f004800470003005700 00470003005700520003[a meet and confer letter from defendant. The parties are ordered to meet and confer in good faith in the hallway, plaintiff is ordered to prepare the required declaration under CCP § 430.41 that sets forth the results of the meet and confer,...

Excerpt: ...ke punitive damages from First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1) Negligence Per Se 2) Negligence—Premises Liability 3) Breach of Warranty of Habitability 4) Intentional Breach of Warranty of Habitability 5) Breach of Covenant of Quiet Enjoyment SUMMARY OF FACTS: Plaintiffs Francisco Guzman and Judith Guzman and their three minor children bring this action against defendant Stan Matasumaya, the owner of resident...

Excerpt: ...lty, Jermayne L. Shannon and David A. Knight's Demurrer to Cross‐Complaint of Lorna Willard is SUSTAINED WITH LEAVE TO AMEND. The causes of action as currently alleged appear barred by this court's May 5, 2017 order denying a motion by Willard contesting the good faith of a settlement entered into between plaintiffs and defendants Keller Williams Realty, Shannon and Knight and granting the Application for Good Faith Settlement. Specifically, th...

Excerpt: ...aintiffs are ordered to submit to the court a separate signed original of the proposed pleading (without highlighting), entitled the “First Amended Complaint” for filing by close of business this date, and the First Amended Complaint will be deemed filed and served upon the court's receipt of this document. Defendant's request for sanctions in the opposition is DENIED. RELIEF REQUESTED: File an Amended Complaint CONTENTS OF MOTION: (CRC 3.132...

Excerpt: ...es out of state and that defendant has established a reasonable possibility it will obtain judgment in this action. The court has considered plaintiff's request for indigency waiver of the undertaking requirement, considered all financial information submitted by plaintiff in response to the order of this court requesting further information, and finds that based upon that information, and considering the argument of all parties, plaintiff has me...

Excerpt: ...efendants' Motion to Compel Mental Examination of Plaintiff is GRANTED. The court finds that defendant has shown good cause for conducting such an exam, as plaintiff has by this action placed her mental condition in controversy. Defendants are ordered to submit a proposed order to the court which complies with the requirements of CCP section 2032.32(d) (“An order granting a physical or mental examination shall specify the person or persons who ...

Excerpt: ...et One) is GRANTED. Plaintiff Kevin Roberts is ordered to provide responses, without objection to Special Interrogatories, Set One, within 10 days. Monetary sanctions in the amount of $1,009.50 [$1,009.50 requested] are awarded against plaintiff Kevin Roberts, and plaintiff's attorney of record, jointly and severally, payable within 30 days. CCP sections 2030.290(c), 2023.010(d), 2023.030(a). Defendant Suresite Consulting Group's UNOPPOSED Motion...

Excerpt: ...on 435, which states that a party may serve and file a motion to strike ‘within the time allowed to respond to a pleading.' Under CCP section 421.20(a)(3), a response to the complaint is due within 30 days after summons is served upon the party. Likewise, under CCP section 430.40, the time permitted to file a demurrer to a complaint is ‘within 30 days after the service of the complaint…' Here, the pleading was served personally on October 1...

Excerpt: ...em Danny Hansen filed the errata ordered by the court? Has counsel been retained to represent the minor, or is the GAL licensed to practice law? Does the GAL have copies of proofs of service of the opposition papers on the other parties to the action? Does the GAL have copies of the exhibits referenced in the opposition which were not attached to the papers submitted to the court? Does the GAL have copies of the responses to Requests for Admissio...

Excerpt: ...ession of the property. No bond required for issuance of the writ inasmuch as the amount owed exceeds the market value of the vehicle. CCP §515.010. (Market value $32,425; Amount owed $32,455.26). Required Documents: __X__ Summons and Complaint __X__ Notice of Application & Hearing (CCP §512.040) __X__ Application for Writ and all declarations or affidavits in support of motion(CCP §512.010) __X__ Memo of Points & Authorities (CCP § 512.050) ...

Excerpt: ...F REQUESTED: Judgment in the amount of $50,000. SUMMARY OF FACTS: Plaintiff Judy Gooler alleges that she was the owner of real property located at 415 Lotone Street, Monrovia, California, 91016 (“subject property”). On December 7, 2005, plaintiff <0047004400510057000300 002600440053004c0057[al Lending and a Deed of Trust on the subject property, naming Chicago Title Company as trustee and MERS as beneficiary. Plaintiff alleges that at the tim...

Excerpt: ...action for declaratory relief is SUSTAINED WITHOUT LEAVE TO AMEND on the ground the relief sought against the demurring defendant does not appear to seek prospective relief, but the redress of alleged past wrongs, and the opposition fails to explain how the claim could be amended to overcome this deficiency Ten days to answer. RELIEF REQUESTED: Sustain demurrer to fourth and fifth causes of action of Complaint MEET AND CONFER? Ok CAUSES OF ACTION...

Excerpt: ... Nest LLC to Plaintiff's Complaint is OVERRULED. Motion to Strike Portions of Plaintiff's Complaint is DENIED . Ten days to answer. RELIEF REQUESTED: Sustain demurrer to Complaint Strike punitive damages MEET AND CONFER? Ok CAUSES OF ACTION: From Complaint 1) Willful Trespass 2) Negligent Trespass SUMMARY OF FACTS: Plaintiff Pasadena Hasting Center alleges that it owns property in Pasadena improved with a commercial retail center and accompanying...

Excerpt: ...rio and Anthony Serpa Responding Party: Plaintiff Kevin Roberts RULING: The meet and confer declaration filed by defendants indicate that in violation of plaintiff's <004f004800470003005700 00470003005700520003[meet and confer correspondence from defendants. The opposition points out that the meet and confer correspondence attached to the moving papers does not, as required by statute, “identify all of the specific causes of action that [defend...

Excerpt: ... RULING: Cross-Defendant Stan Boyett & Son, Inc.'s Motion to Compel Defendant Westco Petroleum Distributors, Inc.'s Further Responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, is MOOT in light of the service on November 28, 2017 of further and supplemental responses. Monetary sanctions sought by the moving party are DENIED. The request for sanctions does not identify ever...

Excerpt: ... to the petition was untimely under CCP § 1290.6, as it was due ten days after service of the petition, but was filed and served more than ten weeks late. Procedurally, the unopposed petition could be granted, but the Court does not grant the petition on that ground. The Court will consider the opposition. Plaintiff in the opposition has failed to establish appropriate grounds for vacating or correcting the arbitrator's order in connection with ...

Excerpt: ... Opposition) Proof of service timely filed (CRC 317(b)): ok <0052004e00030003000300 00030003000300030003[ 16/+5 day lapse (CCP §1005) : ok Name of Deponent: David Todd Griffith Status of Deponent: Defendant (party) DEPO ATTENDANCE REQUIRED BY: Formal Notice [Exhibit C] RULING: [No opposition] UNOPPOSED Motion to Compel the Deposition of Defendant David Todd Griffith is GRANTED. Defendant David Todd Griffith is ordered to appear for deposition an...

Excerpt: ...04700030024004f0044[n Davis <004800560057004c005100 52[ RULING: Defendants' Motion for Reclassification of Action (Limited Jurisdiction) is DENIED. It is not clear from the pleadings, file and the showing made in the motion that the verdict in this case would necessarily result in a verdict below this court's jurisdictional amount. See Walker v. Superior Court(1991) 53 Cal.3d 257, 262; Ytuarte v. Superior Court (2005, 2 nd Dist.) 129 Cal.App.4th ...

Excerpt: ... of Non-Opposition to the Motion) RULING: [No opposition] Motion to Consolidate Actions: What is the status of the stipulation to consolidate being circulated among the parties? Have all parties in each case been served with notice of the motion? Specifically, are there any parties in the other case besides Anthony Jerry Hein, as plaintiff, and the defendants named in this action? UNOPPOSED Motion to Consolidate Actions is GRANTED because the cou...

Excerpt: ...Motion to Compel Plaintiff's Further Responses to Pacific Bell Telephone's Request for Admission, Set No. One, is GRANTED. Plaintiff Kevin Roberts is ordered to serve further non-evasive responses to Requests Nos. 14-19, without objection, which directly respond to the requests. The court does not find appropriate or credible a response that plaintiff lacks information concerning whether he himself has evidence concerning the subject issues. Mone...

Excerpt: ...Party: Defendants Tap House Grill Westmont, Inc., Robert Ward, Tap House Grill Oswego, LLC, and Tap House Gill Plainfield, LLC RULING: Motion to Set Aside Court Order of July 14, 2017 is denied. There is no showing of “excusable” neglect, and no indication that counsel intends to seek relief under the mandatory provisions of CCP § 473(b). The motion also fails to establish that this motion, filed more than two months after the court's July 1...

Excerpt: ... Star Cinemas, LLC RULING: Motion for leave to amend plaintiff's Second Amended Complaint is GRANTED. Plaintiff has failed to lodge the proposed pleading separately and therefore is ordered to provide a separate, signed, copy of the proposed pleading by 4:00 p.m. this date, at which time the Second Amended Complaint will be deemed filed and served on the current defendant. RELIEF REQUESTED: File a Second Amended Complaint CONTENTS OF MOTION: (CRC...

Excerpt: ...ation System, Inc.'s “Joinder” to Demurrer of Defendant Citibank is denied to the extent said “joinder” seeks that this court grant affirmative relief in favor of defendant MERS, as opposed to urging the court to sustain defendant Citibank's demurrer in favor of Citibank. The “joinder” fails to cite any legal authority under which a party may join in the subject motions seeking relief in that party's favor. The court also is reluctant...

Excerpt: ...e message and emailed correspondence from defendant. The parties are ordered to meet and confer in good faith in the hallway, plaintiff is ordered to prepare the required declaration under CCP § 430.41 that sets forth the results of the meet and confer, and the parties are then ordered to return to the courtroom with the declaration. Defendant Samuel's UNOPPOSED Demurrer to Plaintiff's First Amended Complaint is OVERRULED as the third cause of a...

Excerpt: ...tion, Inc. dba Reliance Company RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Motion of Cobalt Construction Company for Summary Adjudication on the First Amended Cross-Complaint is GRANTED. Adjudiction No. 1: As a matter of law pursuant to the terms of the General Provisions, Zastrow Construction, Inc. owes Cobalt Construction Company a duty to immediately accept the defense of Cobalt Construction, ...

Excerpt: ...n the State Bar of Califomia_ as required under CRC Rule Or: if proof of service shown The Application of Evan B. Berger: member in good standing of the State Bar of Florida: to appear pro hac vice in this action on behalf of defendants EFX, Inc. and Bryan Ono is granted. The court finds that the application complies with all requirements of CRC Rule 9.40 and that applicant has provided proof of service on the State Bar and payment of the requisi...

Excerpt: ...Opposition] Motion to Enforce Settlement Agreement and for Award of Attorney Fees is GRANTED in part. Pursuant to CCP § 664.6, the court finds that parties to pending litigation stipulated to the settlement of the case in a writing signed by the parties outside the presence of the court. Judgment is therefore entered in favor of plaintiff Hollytronic Capital Partners, and against defendants BK Sems, USA, Inc. and Keven Kim, jointly and severally...

Excerpt: ...ving papers, and the declaration of defendant's expert are not accompanied by a declaration of the custodian of records, or otherwise authenticated, so the opinions submitted in support of the motion appear to have no evidentiary foundation. See Garibay v. Hemmat (2008) 161 Cal.App.4th 735. Even if the court were to consider the expert declaration to have shifted the burden to plaintiff to raise triable issues of material fact in connection with ...

Excerpt: ...DICE. The court finds that motion premature in light of the fact there is not yet a judgment in this matter establishing that a forfeiture of the lease is appropriate, and the court has not yet considered the evidence concerning the circumstances underlying the matter. RELIEF REQUESTED: Order of relief against a forfeiture of lease. SUMMARY OF FACTS: Plaintiffs Arshak Kouladjian, Nevear S. Kouladjian, Vartan A. Kouladjian, and Harmon E. Schwartz ...

Excerpt: ...ber 4, 2017, pers. within 30 days?: ok, Meet and confer extension <0003000300030003000300 00030003000300030003[ RULING: Defendant Jam Lu, Lillian Lu and Kathy Lu's Demurrer to Complaint: Demurrer to the first cause of action for breach of oral contract and second cause of action for breach of implied covenant of good faith and fair dealing is OVERRULED. Demurrer to the third cause of action for fraud is SUSTAINED. The cause of action is alleged a...

Excerpt: ... Cases is GRANTED. Case No. EC 063730 is ordered consolidated with Case No. NW 17B0 2768 and both cases also ordered consolidated <00480003004f0048004400 47000300460044005600480011[ REQUEST TO CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 063730 Patricia Bethune Kenneth Bucalo NW 17 B0 2768 Kenneth Bucalo Patricia Bethune 17 K0 9208 Kenneth Bucalo Patricia Bethune Procedural Requirements of Motion [CRC Rule 3.350]: Mandat...

Excerpt: ...cial Interrogatories (Set One) Motion to Compel Responses to Demand for Production of Documents (Set One) and Demand for Production of Electronically Stored Information (Set One) Motion for Order Establishing Admissions Motions are not considered by the court, as prepared and filed by counsel for plaintiff, Enterprise Counsel Group, ALC, which counsel has been disqualified from representing plaintiff in this matter by this court's order of Octobe...

Excerpt: ...sulting Group LLC's Demurrer to Plaintiff's Seventh Amended Complaint is OVERRULED. The court has previously determined the pleading is sufficiently stated against this defendant as to several causes of action after demurrers brought by this defendant were overruled. The scope of the court's previous order permitting leave to amend as to this defendant was limited to ratification allegations in connection with punitive damages, the sufficiency of...