Excerpt: ...ffs on December 12, 2017. (Lundy Decl. Ex. A-B.) Plaintiffs did not respond. (Lundy Decl. ¶ 6-7.) The motion was similarly properly served on Plaintiffs. Pursuant to CCP section 2033.280(c), the court must grant the motion “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Sec...

Excerpt: ...rmance; (3) defendant's breach; and (4) damages to plaintiff as a result of the breach.” (CDF Firefighters v. Maldonado (2008) 158 Cal.App.4th 1226, 1239.) “To have an account stated, it must appear that at the time of the statement an indebtedness from one party to the other existed, that a balance was then struck and agreed to be the correct sum owing from the debtor to the creditor, and that the debtor expressly or impliedly promised t...

Excerpt: ... does not apply. Nevertheless, it is clear that each of the elements of CRC 2.550(d) are present. There is an overriding interest in a non-party's right to privacy in his medical intake form and a photograph taken at a medical facility. (Health & Saf. Code § 11845.5; Oiye v. Fox (2012) 211 Cal.App.4th 1036, 1070 (“We regard medical records as presumptively private, such that plaintiff was not required to state the obvious in a declaration, tha...

Excerpt: ...erved and Defendants have failed to respond. Therefore, the unopposed motions are GRANTED. Plaintiff's First Set Requests for Admission are deemed admitted. Defendants are ordered to serve verified responses, without objection, to Plaintiff's first set of form interrogatories, first set of request for document demands, and second set of document demands within 20 days. Plaintiff seeks sanctions in the amount of $1,260.00 for each motion consistin...

Excerpt: ...t at issue. (Merino Decl. ¶¶ 2, 6-7; Fuentes Decl. ¶¶ 5-7; Rogers Decl. ¶¶ 10-11; Bellinger Decl. ¶ 23.) Plaintiff Lopez has a substantial interest in the case as a whole as she brings every cause of action asserted in the Complaint along with the other resident Plaintiffs. The statute does not require any showing of harm. The court finds the requirements of Section 36(b) have been satisfied and the motion is GRANTED. The trial is schedule...

Excerpt: ...iled to complete section 7 of mandatory form CIV‐100 relating to costs. Pursuant to Cross‐Complainant's “Application for Judgment After Default,” Gaylord Wior Building seeks $99,310.27 in rent damages. However, the Cross‐Complaint does not state a specific amount of damages, but rather states the damages are “in excess of $25,000.00,” (Cross‐Compl. ¶8), and seeks damages according to proof. “[A] prayer for damages according to ...

Excerpt: ...to Request for Production of Documents, <0050004500480055000300 00030045005c00030055>egular mail. (Venezia Decl. <004b005200550048005600 00030055004800560053>onded. (Venezia Decl. ¶ 16.) The proof of service attached to the requests indicate they were properly served upon Plaintiff's counsel. (Venezia Decl. Ex. M.) In Opposition, Defendant Shore's counsel attests that responses were provided on February 9, 2018 with supporting documents on Febru...

Excerpt: ... be separated by a tab extending below the bottom of the page bearing the exhibit designation. It also requires an index to exhibits be provided. Plaintiff failed to follow this rule. Her exhibits are not tabbed or indexed. With approximately 400 cases on the court's docket, the importance of following these rules to the letter cannot be overemphasized, not to mention that if a party wishes the court to review evidence it submits, the party shoul...

Excerpt: ...ule 3.1110(f). It is always important to follow procedural rules, especially those promulgated in part to make it easier for judicial officers to read and absorb copious amounts of information in a short period of time. CRC 3.1110(f) is one such rule. It requires that each exhibit be separated by a tab extending below the bottom of the page bearing the exhibit designation. It also requires an index to exhibits be provided. Plaintiff failed to fol...

Excerpt: ...ss-Complainant leave to amend after the demurrer to the operative cross-complaint as to the fourth cause of action for breach of contract only against Sotheby's and Morgan. The court specifically and unequivocally denied leave to amend as to the claims for equitable indemnity and equitable contribution. Nevertheless, in direct contravention of the court's order, Cross-Complainant Remax once again asserts causes of action for equitable indemnity a...

Excerpt: ...ovember 21, 2017, before Defendants filed the instant demurrer. The FAC was not accompanied by a proof of service and the proofs of service of summons filed by Plaintiff on January 23, 2018, indicating service upon the moving Defendants on December 6, 2017, does not indicate whether the complaint served was the original or FAC. The First Amended Complaint does not contain a cause of action for quiet title and asserts two causes of action against ...

Excerpt: ... remaining to plaintiff.” (Ebrahimian Decl. ¶ 9.) Plaintiff failed to attach this Exhibit. Plaintiff must submit a revised default judgment package which contains the referenced exhibit. Additionally, Plaintiff's proposed judgment includes $607.87 in attorneys' fees but there is no statutory or contractual authority cited for an entitlement to attorney's fees. Finally, the proposed judgment checks the box for prejudgment interest, but fails to...

Excerpt: ... vague and uncertain because it does not separately identify and describe the conduct of each defendant. “[A] plaintiff is required only to set forth in his complaint the essential facts of his case with reasonable precision and with particularity sufficiently specific to acquaint the defendant of the nature, source, and extent of his cause of action. He need not particularize matters presumptively within the knowledge of the demurring defendan...

Excerpt: ... fourth, and seventh causes of action asserted in the in SAC. Defendant QBE Americas demurs to the first, second, third, fourth, and seventh causes of action in the SAC. Defendant Newport Insurance Company, (“NIC”), demurs to the third and seventh causes of action. All Defendants demur to every claim brought against them by Plaintiff Enrique Mullings. Claims by Enrique Mullings Defendants argue that Plaintiff Enrique Mullings lacks standing t...

Excerpt: ... the settlement is to have no effect on the other employees. “[PAGA] authorizes a representative action only for the purpose of seeking statutory penalties for Labor Code violations (Lab.Code, § 2699, subds. (a), (g)), and an action to recover civil penalties is fundamentally a law enforcement action designed to protect the public and not to benefit private parties.” (Arias v. Superior Court (2009) 46 Cal.4th 969, 986.) Plaintiff has failed ...

Excerpt: ...violation of California Rules of Court Rule 3.1113(f). Both parties are admonished to read their pleadings carefully and follow all procedural rules, especially those designed to enable the court to easily find and read supporting evidence. Plaintiff contends that the prayer for injunctive relief has been rendered moot and Plaintiff's request for $4,000.00 in damages mandates reclassification. Consistent with the somewhat sloppy nature of plainti...

Excerpt: ...hed that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc. § 430.41(a).) “The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filin...

Excerpt: ...The motion is accompanied by the declaration of Rebecca Wilson, which fails to demonstrate a good faith meet and confer effort. Defendant SPS served form interrogatories and requests for admission on September 7, 2017. (Wilson Decl. ¶ 2, Ex. A-B.) Bonilla responded on October 6, 2017. (Wilson Decl. ¶ 3, Ex. C-D.) Defendant SPS sent an initial meet and confer letter on October 13, 2017, noting that Bonilla only asserted objections to Form Interr...

Excerpt: ...ourt's determination of the security required. (CCP § 391.6.) Defendant requests the Court take judicial notice of documents filed in cases involving Plaintiff as well as the dockets in those actions. The requests are GRANTED. (Evid. Code § 452(d).) <0045000c00030047004800 00b300590048005b0044[tious litigant.” “An action which is ultimately dismissed by the plaintiff, with or without prejudice, is nevertheless a burden on the target of the ...

Excerpt: ...s performing competently in the position [s]he held, (3) [s]he suffered an adverse employment action, such as termination, demotion, or denial of an available job, and (4) some other circumstance suggests discriminatory motive.” (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 355.) Defendants contend that the Complaint does not allege that men were treated differently by Defendants, and therefore the Complaint fails to state a cause of action ...

Excerpt: ...5, 834.) Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning. (Fremont Indem. Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113‐14 (citations and internal quotations omitted).) In addition, judges “consider matters shown in exhibits attached to the complaint and incorporated by reference.” (Performance Plastering v. Richmond American Ho...

Excerpt: ... redact where inclusion is necessary, the following identifiers from all pleadings and other papers filed in the court's public file, whether filed in paper or electronic form, unless otherwise provided by law or ordered by the court: (1) Social security numbers.” Defendant should be prepared to tell the court at the hearing on this matter how it intends to promptly remedy this issue. The arbitration provision at issue provides: I and the C...

Excerpt: ...ntry of Default Judgment for March 1, 2018, at 8:30 a.m. Because this case involves a quiet <01b5011e0190019a000301 0128017d016f016f017d>wed by a live evidentiary hearing. (Yeung v. Soos (2004) 119 Cal.App.4th 576, 582.) The court shall not impose monetary sanctions in connection with the motion for sanctions in light of the court's imposition of terminating sanctions. Plaintiff's Motion (1) to Deem Admitted Requests for Admission, Set One, (2) t...

Excerpt: ...apers, when required, must be upon the attorney instead of the party.” (Code Civ. Proc., § 1015. See also CRC 1.21(a) (“Whenever a document is required to be served on a party, the service must be made on the party's attorney if the party is represented.”); People v. Bouchard (1957) 49 Cal.2d 438, 440 (“service can be made upon the attorney of record after entry of judgment in a civil case where there has been no substitution in the ...

Excerpt: ... cause of action for intentional infliction of emotional distress. Defendants request the court take judicial notice of the business entity detail from the Secretary of State's website for each Defendant. The request is GRANTED. (Evid. Code § 452(h); Friends of Shingle Springs Interchange, Inc. v. County of El Dorado(2011) 200 <005100520057004c004600 0057004c0049004c0046[ate of status issued by Secretary of State); Rubin v. Padilla(2015) 233 Cal...

Excerpt: ...ial interest under said Deed of Trust.” By taking judicial notice of the First Substitution, the court does not take judicial notice of this fact, because it is hearsay and it cannot be considered not reasonably subject to dispute.”).) The Court may also take judicial notice of the legal effect of such documents. (Id.) Therefore, the request is GRANTED as to Defendants' request to take judicial notice of the Assignment of Deed of Trust record...

Excerpt: ...ies in proportion to their interests. (Finney v. Gomez (2003) 111 Cal.App.4th 527, 548; CCP § 874.040.) Moreover, the Complaint does not assert the value of the repairs sought from Defendant in this action. Therefore, entry of the judgment sought would be improper. The circumstances of the present case are identical to those presented in Finney, supra. The court specifically held that “Plaintiffs seeking an equitable partition and accounting h...

Excerpt: ... request is GRANTED as to the operative SAC only. (RJN Ex. D.) (Evid. Code § 452(d).) The remaining documents filed in this action are irrelevant to whether the SAC is properly subject to a motion to strike. (People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422 n.2 (“any matter to be judicially noticed must be relevant to a material issue.”).) Defendant FPI improperly requests the court take judicial notice of the fact tha...

Excerpt: ...ch v. Shahrokhkhany (1997) 56 Cal.App.4th 511, 513.) The Sixth Amended Complaint contends that the notice was served on March 14, 2017 by leaving a copy with “Female Employee/Manager at Restaurant.” (Sixth Am. Compl. ¶ 8(a)(2).) The proofs of service is attached as Exhibit 3. (Id. ¶ 8(d).) Exhibit 3 consists of two proofs of service. “[F]acts appearing in exhibits attached to the complaint will also be accepted as true and, if contrary to...

Excerpt: ...o continue the discovery cut- off and related dates. The court finds good cause to continue trial. This is the first request for a trial continuance, the parties have agreed to the continuance, and the parties have been unable to conduct the deposition of Feng who appears to be a material witness because he has been in China for quite some time. For these reasons, the motion is GRANTED. The court will not consider or grant any further requests fo...

Excerpt: ...eet and confer email was attached to the demurrer filed on October 19, 2017, but was omitted from the demurrer filed on December 1, 2017. The declaration fails to demonstrate compliance with the meet and confer statute. Pursuant to CCP § 430.41(a), the meet and confer effort was to be made in person or via telephone, not via email. Additionally, the meet and confer process requires that “the demurring party shall identify all of the specific c...

Excerpt: ...y of a default or subsequent judgment, this discretion may be exercised only after the party seeking relief has shown that there is a proper ground for relief, and that the party has raised that ground in a procedurally proper manner, within any applicable time limits.” (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495, limited on other grounds by Ramos v. Homeward Residential, Inc. (2014) <005a004b00480055004800 005a004c0051004a0003...

Excerpt: ...” rather than business partners. The proposed cross-complaint also alleges the property was to become a life estate for Proffitt if their relationship ended. The claim for declaratory relief seeks “a judicial declaration Proffitt's rights as to her claim to the ownership of the Property.” Defendant is required to move the court for leave to file a cross-complaint once a trial date has been set. (CCP § 428.50.) Leave to file a cross-complai...

Excerpt: ...sion.” (Liebovich v. Shahrokhkhany (1997) 56 Cal.App.4th 511, 513.) The Sixth Amended Complaint contends that the notice was served on March 14, 2017 by leaving a copy with “Female Employee/Manager at Restaurant.” (Sixth Am. Compl. ¶ 8(a)(2).) Two proofs of service are attached as Exhibit 3. (Id. ¶ 8(d).) “[F]acts appearing in exhibits attached to the complaint will also be accepted as true and, if contrary to the allegations in the ple...