Excerpt: ...mir Malekan are deemed admitted. Defendant Amir Malekan is ordered to serve verified responses, without objection, to Plaintiff's Form Interrogatories, Set Three, Request for Production, Set Two, Special <019a011e018c018c017d01 03550003005e011e019a> One, within 20 days. The court imposes sanctions in the amount of $924.00 against Defendant Amir Malekan, consisting of $300.00 in motion fees and $624.00 in attorney's fees. <0110016c0003019a010201 0...

Excerpt: ...s. 7, 12-13, 18-19, 24-25, 28-37, 79-83, and 96 Plaintiff describes these requests as encompassing two categories: (1) those relating to Defendant's internal investigation and analysis of the defects plaguing Plaintiff's vehicle and establishing that Defendant previously knew of such defects (Nos. 12-13, 18-19, 24-25, and 28- 37) and (2) those relating to Defendant's warranty and vehicle repurchase policies, procedures, and practices (Nos. 7, 79-...

Excerpt: ...000301c1015d01 010201c701900003016fLeave to amend and DENIED as to the request for attorneys' fees. Defendants demur to each cause of action asserted in the Complaint. Breach of Contract (First Cause of Action) To state a claim for breach of contract, a Plaintiff must allege sufficient facts to establish: (1) a contract between the parties; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) damages to plaint...

Excerpt: ... Stratman, & Williams‐Abrego, who is purported to be counsel for Defendants. “The requirement of notice is so fundamental to concepts of due process that it is deemed <015d017601500355000301 019000030189018c017dLvided by service of process; it is <011a015d0110019a015d01 019a0003015d01760003La matter rather than proof of service. Hence, when proof of service is mislaid, lost or otherwise unavailable, the courts are liberal in allowing proof of...

Excerpt: ...rsons' right to privacy. “[A]lthough in seeking recovery for physical and mental injuries plaintiffs have unquestionably waived their physician-patient and psychotherapist-patient privileges as to all information concerning the medical conditions which they have put in issue, past cases make clear that such waiver extends only to information relating to the medical conditions in question, and does not automatically open all of a plaintiff's...

Excerpt: ...ety with ten days leave to amend on this basis. (CCP § 430.10(g).) Statute of Limitations Defendants contend that every cause of action in the FAC is barred by the statute of limitations. “A demurrer on the ground of the bar of the statute of limitations will not lie where the action may be, but is not necessarily barred.... It must appear clearly and affirmatively that, upon the face of the complaint, the right of action is necessarily barred...

Excerpt: ...summary declaration of Plaintiff that he “incurred a total of $12,357.00 for legal fees and costs.” Local Rule 3.214 provides the schedule for the computation of attorneys' fees in a default judgment. Pursuant to this schedule, Plaintiff's attorney's fee award would be $2,670.00. Plaintiff failed to provide an itemized statement of the services rendered which would support a higher award. (Local Rule 3.214(d) (“An application for a fee grea...

Excerpt: ...s not completed the arbitration process, is no longer communicating with Defendant's counsel, and is unreachable by telephone or mail. (Christianson Decl. ¶¶ 10-13.) It appears Plaintiff has abandoned his case. “The court on its own motion or on motion of the defendant may dismiss an action under Code of Civil Procedure sections 583.410–583.430 for delay in prosecution if the action has not been brought to trial or conditionally settled wit...

Excerpt: ...t General Motors, LLC's Motion to Strike Punitive Damages from Plaintiff's First Amended Complaint [CCP §§ 435, 436] is GRANTED without leave to amend. Motion to Strike Improper Second Amended Complaint Plaintiff filed a Second Amended Complaint on March 26, 2018 without leave of court. Plaintiff's interpretation of CCP § 472 in Opposition and her citation to the Rutter Guide, which expressly states “there is no known reported decision permi...

Excerpt: ...ate provisions of subdivision (b) or (c) shall be applicable if the complaint for injunctive relief is amended to request damages.” Thus, Plaintiff was not required to seek leave of court to file the amended pleading and the motion is GRANTED. Plaintiff is ordered to separately file the first amended complaint by the end of today, May 16, 2018. Defendant filed a “qualified” non-opposition, seeking a trial continuance of 90 days “to determ...

Excerpt: ... establish that Corriente California is an unincorporated association under California law. “The criteria applied to determine whether an entity is an unincorporated association are no more complicated than (1) a group whose members share a common purpose, and (2) who function under a common name under circumstances where fairness requires the group be recognized as a legal entity.” (Barr v. United Methodist Church (1979) 90 Cal.App.3d 259, 2...

Excerpt: ...pposition that the demurrer, which addresses the second cause of action brought by Findings New York only, fails to dispose of an entire cause of action because it does not address the second cause of action as to Cross-Complainant Findings, Inc. This contention lacks merit. “A cause of action is simply the obligation sought to be enforced.” (Abatti v. Eldridge (1980) 103 Cal.App.3d 484, 488.) Both Cross-Complainants assert the second cause o...

Excerpt: ... proceedings defects of a complaint are properly cured by amendments thereto, not by extraneous factual recitals in ‘response' to the demurrers.”). Defendant demurs to the first cause of action for quiet title only. Defendant contends that the Complaint fails to include necessary parties because it does not name Plaintiff's son's representative or estate. Pursuant to CCP § 762.010, “[t]he plaintiff shall name as defendants in the action th...

Excerpt: ...ismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (C...

Excerpt: ...omas only. Defendants have ten days to answer the Complaint. Defendants demur to all causes of action asserted in the Complaint except for the seventh cause of action for wrongful termination. Defendant Precision does not demur to the fifth cause of action for retaliation. Individual Liability of Defendant Thomas for Discrimination and Retaliation Defendants correctly argue that Defendant Thomas, an alleged supervisor for Defendant Precision (Com...

Excerpt: ...s chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.“ (§ 1286.) The court may not correct an award unless, among others, a petition or response requesting that the award be corrected or vacated was filed.” (Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.) On April 25, 2018, Defendants K-Kars, Inc. and California Republic Bank filed thei...

Excerpt: ...ng permission to introduce oral evidence, except for oral evidence in rebuttal to oral evidence presented by the other party, must file, no later than three court days before the hearing, a written statement stating the nature and extent of the evidence proposed to be introduced and a reasonable time estimate for the hearing. When the statement is filed less than five court days before the hearing, the filing party must serve a copy on the other ...

Excerpt: .... In this hard‐ fought action, the likelihood that plaintiff received the motion and chose not to oppose it is slim. This suggests that the motion was not served on opposing counsel. The time for filing a proper proof of service has expired. (CRC 3.1300(c) (“Proof of service of the moving papers <011e0128017d018c011e00 011e0003010201890189Lointed for the hearing.”).) Therefore, the motion is ordered OFF CALENDAR for lack of proper service. ...

Excerpt: ... pursuant to a subpoena duces tecum which seeks cellphone tower records for specified dates, billing statements reflecting all incoming and outgoing calls for specified dates, and billing statements reflecting all incoming and outgoing telephone calls or text messages for specified dates. The subpoena seeks records for two telephone numbers. (Castronovo Decl. Ex. K.) After consideration of the supplemental briefing submitted by the parties, the c...

Excerpt: ...oodland (2007) 152 Cal.App.4th 1106, 1117 (“For example, the First Substitution recites that Shanley “is the present holder of beneficial 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 docu...

Excerpt: ...Lathrop v. Healthcare Partners Medical Group (2004) 114 Cal.App.4th 1412, 1423 (“Under the doctrine of respondeat superior, the vicarious liability of an employer or principal is not based on fault. The liability is imposed as a rule of policy, “a deliberate allocation of a risk,” regardless of the employer's control or fault. The employer's liability is wholly derived from the liability of the employee. The employer cannot be held ...

Excerpt: ...filing fee. Plaintiff served a deposition subpoena on Defendant on June 9, 2017 and again on February 12, <0044004f004f0003005600 00030056005300480046>ific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.” (CCP § 2025.450(b)(1).) The motion indicates that the documents are required to determine what documents Elliot has th...

Excerpt: ...ling non‐party 1330 Pico Associates to comply with a business records deposition subpoena. Defendants also seek an OSC Re: Contempt. Both of these requests require personal service of the motion papers or charging affidavit. (Cedars‐ Sinai Imaging Medical Group v. Superior Court (2000) 83 Cal.App.4th 1281, 1286–87 (Unless the citee has concealed himself from the court, he must be personally served with the affidavit and <0003016f01020110016...

Excerpt: ...rrogatories, Set Two and Request for Production of Document, Set Two, within 20 days. Defendant seeks sanctions against Plaintiff individually, but not Plaintiff's counsel, in the amount of $1,295.00 for each motion consisting of three hours of attorney time for each motion, an anticipated 0.5 hours reviewing each opposition, an anticipated 1.5 hours for each reply, an anticipated 0.5 hours preparing for the hearing, and an anticipated 3 hours to...

Excerpt: ...atter, Defendants failed to submit a memorandum in support of their motion. Defendants filed a notice of motion and two declarations in violation of CRC Rule 3.1112(a): “the papers filed in support of a motion must consist of at least the following: (1) A notice of hearing on the motion; (2) The motion itself; and (3) A memorandum in support of the motion or demurrer.” “In the absence of a voluntary submission to the authority of the court,...