Excerpt: ...ted in CRC 3.300(a). On May 30, 2019, the court ordered judgment in favor of the plaintiff in 18DWSC05279. Defendants filed their Notice of Appeal on July 12, 2019 and the appeal of the small claims judgment is set for trial de novo on February 6, 2020 in Department 1 of the Bellflower Courthouse. On November 7, 2019, Defendants filed a Motion to Relate Cases in 18STLC13218 with the hearing set in Department 1. The motion is unopposed. Defendants...

Excerpt: ...ement filed its 48th breach of contract case against tenants of the Burlington Apartments. On July 10, 2019, Plaintiff FML Management Corp. filed a Notice of Related Case listing all 48 cases. Counsel is reminded of the duty to promptly file a Notice of Related Case. (CRC 3.300(e).) The cases identified in the Notice are: - 18STUD09889 FML v. Hernandez* - 18STUD09892 FML v. Hernandez* - 18STUD09894 FML v. Fernandez* - 18STUD10834 FML v. Xum* - 18...

Excerpt: ...atter, FSIC purports to quote extensively from CCP § 387(a). However, FSIC cites the prior version of the statute. Code of Civil Procedure § 387 was amended effective January 1, 2018 and subdivision (a) now merely provides “”For purposes of this section: (1) ‘Defendant' includes a cross-defendant. (2) ‘Plaintiff' includes a cross-complainant.” Counsel is admonished to undertake to more thoroughly research applicable law and file plead...

Excerpt: ...ction of emotional distress, and punitive damages. Defendant's attempt to argue how the merits of the case are likely to be or should be adjudicated is improper. (Ytuarte v. Superior Court (2005) 129 Cal.App.4th 266, 277 (“This standard involves an evaluation of the amount fairly in controversy, not an adjudication of the merits of the claim.”).) “Pain and suffering are not subject to precise measurement by any scale, and their translation ...

Excerpt: ...ions 1, 2, or 3 of paragraph 5 regarding whether service was made at a business, home, or whether a physical address is unknown. Additionally, the declaration of diligence attached to the proof of service does not satisfy the diligence requirements. “[A]n individual may be served by substitute service only after a good faith effort at personal service has first been made: the burden is on the plaintiff to show that the summons and complaint can...

Excerpt: ...Request for Monetary Sanctions is MOOT. The court declines to impose sanctions. The parties do not dispute that Defendants responses were untimely and that responses were served on June 27, 2018, after the motion was filed. Neither party has provided the court with the responses served. Defendants contend they do not contain objections (Grebow Decl. ¶ 10), while Plaintiff contends the responses contain objections (Reply at 2.) As stated by the c...

Excerpt: ...plaint. Defendant requests the court take judicial notice of the complaint and the two notices of errata to the complaint in this action. The request is granted, though unnecessary, as the court reviews the operative pleading in ruling on a demurrer, regardless of whether the parties request judicial notice thereof. Defendants demur to each cause of action asserted in the complaint. Fraud and Deceit (Fourth Cause of Action) and Negligent Misrepre...

Excerpt: ...286.2 and 1286.6, no later than July 31, 2018. The briefing will be simultaneous. The parties are ordered to deliver a <00160014000f0003001500 130014001b0011[ .Applicable Timeline The arbitration proceedings were conducted in three phases with the issue of damages decided in Phase I, the issue of punitive damages decided in Phase II, and the issue of attorneys' fees and costs decided in Phase III. <00550003004c0056005600 0051005700480055004c[m aw...

Excerpt: ...below the bottom of the page bearing the exhibit designation. It also requires an index to exhibits be provided. Defendant failed to follow this rule. Its 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 should follow the applicable procedura...

Excerpt: ...ial facts regarding the defects in the 2013-2017 Nissan Sentra's CVT in an effort to induce consumers to purchase its products.” Nissan's Objection No. 1 is sustained and the remaining objections are overruled. The declaration of Amy Morse substantially complies with the requirements set forth in (CRC 3.1324.) The amendment adds a claim for fraud and the amendment is necessary and proper to assert all claims arising out of Plaintiff's purchase ...

Excerpt: ...hat 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 follow this rule. The 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,...

Excerpt: ...int. 2. Set forth the facts on which the plaintiff seeks to recover. 3. Describe the premises with reasonable certainty. 4. If the action is based on paragraph (2) of Section 1161, state the amount of rent in default. 5. State specifically the method used to serve the defendant with the notice or notices of termination upon which the complaint is based. This requirement may be satisfied by using and completing all items relating to service of the...

Excerpt: ... involved in an action or proceeding pending before a court of this State, the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies.” (Code Civ. Proc., § 1281.4.) Defendants highlight numerous identical allegations in the First Amended Co...

Excerpt: ...y the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” “Section 664.6 was enacted to provide a summary procedure for specifically e...

Excerpt: ...rected notice of the motion until June 11, 2018 by regular mail and email, which did not provide the statutorily required 16-day notice period. (CCP § 1005(b).) While the court will continue the hearing and permit Plaintiff to address the merits, the court finds the conduct by counsel for all parties troubling. As an initial matter, both parties accuse the other of failing to follow the applicable rules, yet neither have complied with CRC 3.1110...

Excerpt: ...court actions outside of Los Angeles. The requests are DENIED. (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.”).) Plaintiff's motion seeks $64,008.50 in attorneys' fees and costs. (Mo. at 12. Parker Decl. ¶ 14.) Attorney Parker states that this amount comprises “18,903.00 fees demanded by PLA [Parker Law APC], $60.00 costs demanded by ...

Excerpt: ...laims are stayed pending the outcome of arbitration. Defendant USC moves the court to compel Plaintiff's fourth and fifth causes of action to binding arbitration pursuant to an Agreement to Arbitrate signed by Plaintiff. The motion was joined by Defendant Corral, who is also named as a Defendant in these two claims. “California law reflects a strong public policy in favor of arbitration as a relatively quick and inexpensive method for resolving...

Excerpt: ...t judgment in an amount in excess of that demanded in the complaint.”); Janssen v. Luu (1997) 57 Cal.App.4th 272, 275 (“the amount of damages communicated to the defaulting defendant sets the ceiling on the plaintiff's recovery, and that a default judgment in excess of that amount is void.”) “Section 580, and related sections ... 425.10 and 425.11, aim to ensure that a defendant who declines to contest an action does not thereby subje...

Excerpt: ...avoid the necessity of yet another motion to extend the stay. <0176011a01020176019a00 00030064017d018c018c>ance's motion to stay action pending the conclusion of the administrative process regarding Plaintiff's termination. The court stayed the matter and provided in relevant part: The matter will be set on calendar . . . for a status conference on December 13, 2017, at 8:30 a.m. If plaintiff's administrative matter is decided before then, plaint...

Excerpt: ... an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections <0003004900580055005700 00520049000300460052>nvenience or to avoid prej...

Excerpt: ...ion: (1) Failure to Pay Wages, (2) Failure to Pay Overtime Compensation, (3) Failure to Provide Meal Periods, (4) Denial of Law Rest Breaks, (5) Unfair Business Practices, and (6) Failure to Provide Accurate, Itemized Wage Statements. Plaintiff now moves the court for final approval of the settlement and for attorneys' fees. Under California Rules of Court, rule 3.769(a), “[a] settlement or compromise of an entire class action, or of a cause of...

Excerpt: ...claration. Additionally, the court has no record of a separately filed proof of service. Therefore, Plaintiff must provide a proof of service at the hearing or otherwise demonstrate to the satisfaction of the court that the motion was properly served. Otherwise, the motion will be placed off calendar. The court finds the parties entered into a valid and binding settlement agreement. (Fisher Decl. Ex. 1.) The agreement required Defendant RMI to pa...

Excerpt: ...d that if he fails to follow this procedural rule again he will be sanctioned no less than $1000.00. Additionally and amazingly given defense counsel's previous gaffe in this regard, Defendant once again failed to timely file its motion as the last day to timely file the motion based upon the June 13, 2018 hearing date was May 21, 2018. (CCP § 1005(b).) However, Cross-Defendants responded on the merits and have waived any objection to the late f...

Excerpt: ...stitute a cause of action against Defendant. “[T]he liability of public entities must be based on a specific statute declaring them to be liable, or at least creating some specific duty of care to the plaintiff.” (San Mateo Union High School District v. County of San Mateo (2013) 213 Cal.App.4th 418, 428.) “Since all government tort liability is dependent upon the existence of an authorizing statute, a public entity's duty created by st...

Excerpt: ...ntends that he has settled only his PAGA claim and the settlement is to have no effect on the other employees. Defendant has failed to provide the court with any evidence that the proposed settlement was submitted to LWDA as required by Labor Code § 2699(l)(2), which requires that the proposed settlement be submitted to the Labor and Workforce Development Agency. The proof of service filed in connection with the instant motion does not list the ...