Excerpt: ...auch, and Lennie Mefferd (LAPC Defendants) move to compel Plaintiff to provide further responses to their request for production, set one, and special interrogatories, set two. The court ordered Plaintiff to respond to the discovery on 7/24/2017, and LAPC Defendants contend Plaintiff's responses were not code compliant, and were incomplete and evasive. The motions are moot, because Plaintiff served supplemental responses to both sets of discovery...

Excerpt: ...on Jackson and John Smith to appear for deposition testimony. Both motions are denied. All grounds argued by Russell, Jackson and Smith, and Defendant AUHS have merit, but only one ground needs to be discussed: Plaintiffs' motions are not timely. On 8/1/2017 the court continued trial from 11/27/2017 to 2/26/2018 and only extended the cutoff dates for expert discovery. Plaintiffs filed these motions on 12/1/2017, which was well after the 11/13/201...

Excerpt: ... to strike the complaint. Defendants demur to both causes of action on the ground that they are barred by the statute of limitations for legal malpractice under Code Civ. Proc. § 340.6(a). Under Section 340.6(a), a cause of action for legal malpractice must be filed “within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four year...

Excerpt: ...Defendants have shown that Plaintiff issued the subpoena on 12/1/2017, and it directed BofA to produce documents on 12/28/2017. This occurred after the 11/13/2017 discovery cut-off date, based upon the 12/11/2017 trial date. Under Code Civ. Proc. § 2024.020(a), the subpoena was untimely and invalid. On 12/11/2017 the court continued the trial date, but the related cutoff dates were not extended. So Plaintiff's subpoena to BofA was untimely when ...

Excerpt: ...ontract, money lent, and related claims. Ricardo Antunez filed a cross-complaint against Plaintiff Vazquez, asserting causes of action for cancellation of instrument and financial elder abuse. The dispute concerns the parties' claims against real property. Daisy Zapata-Antunez, Luz Antunez-Castillo and Edward Antunez (Moving Parties) move to 1) substitute themselves as cross-complainants in place of Ricardo Antunez, and 2) file an amended cross-c...

Excerpt: ...the Estate of Roy LaGreca Jr. Defendant Marc La Greca now demurs on the ground that the complaint does not allege facts supporting a cause of action against him. Defendant has shown that the complaint fails to allege any facts supporting a cause of action against him. Plaintiff has not responded to the demurrer. The demurrer is sustained. Because Plaintiff has failed to respond or show how he may amend the complaint to state a viable cause of act...

Excerpt: ...f damages relating to a sales commission for the sale of vacant property located in Cabazon to the Morongo Band of Mission Indians, and his complaint asserts causes of action against all defendants for (1) breach of contract, (2) fraud, (3) unjust enrichment, and (4) unfair business practices. Defendants YK America and Lu move for summary judgment or adjudication. OBJECTIONS Defendants object to the Cope declaration: ¶10, ln. 21-2 and ¶11 ln. 2...

Excerpt: ...rovide further responses to Requests for Production of Documents Nos. 40-58 and 113-119. As part of the ruling, monetary sanctions in the amount of $3,060 were ordered against PMMG and its attorney David Miller of the Liberty Bell Law Group. Miller was PMMG's attorney of record at the time of the discovery violation, although he had substituted out of the case on 12/12/2016, before the hearing. Miller now moves to set aside the sanctions award ag...

Excerpt: ...as the project manager for construction projects. The operative third amended complaint asserts causes of action for breach of contract and concealment. Defendant filed a cross-complaint against M&M and Wells, asserting causes of action for breach of contract, fraud, and breach of fiduciary duty. Defendant now makes four motions to compel further responses to discovery. RFAs – Defendant moves to compel further responses to its Requests for Admi...

Excerpt: ...v. Proc. § 425.16, the “anti-SLAPP” statute. In connection with the motion, Defendant requests judicial notice of court records; all RJNs are granted. Anti-SLAPP Standards – An anti-SLAPP motion involves a two-step process: 1) the defendant must establish that the challenged causes of action arise from protected activity; and 2) if the defendant makes this showing, the burden shifts to the plaintiff to establish a probability of success on...

Excerpt: ...plaint against Grovewood and Michael Dubelko, who is alleged to be the president or managing member of Grovewood. Grovewood moves for an order compelling Legendary Builders to respond to its request for production, set two, and special interrogatories, set two. In its opposition, Legendary Builders has shown that it served supplemental responses to the discovery on 1/3/2018, after the motion was filed. The motion is therefore moot. While the cour...

Excerpt: ...2004900030044>ction for (1) fraud and theft, (2) treble damages pursuant to Pen. Code § 496(c), and (3) breach of fiduciary duty. Huntington Escrow demurs to all causes of action, and its moving papers show that Plaintiff has failed to allege facts supporting a legal basis for recovery. Plaintiff has not filed any opposition. The demurrer is sustained on all grounds. Because it does not appear that Huntington Escrow owed a legal duty to Plaintif...

Excerpt: ...ty Secure Aviation Solutions LLC, which Plaintiff owns and manages. The subpoena requests various documents relating to Plaintiff's income from SAS; SAS and Plaintiff objected <000300530055004c005900 00480051004700440051>t has modified the subpoena to reduce the time frame; and SAS and Plaintiff produced some documents in response. It appears the parties are still disputing entitlement to financial, banking and tax documents for SAS. Plaintiff an...

Excerpt: ... Consumer Warranty Act, and (6) violation of the Magnuson-Moss Act. Defendant moves for entry of a protective order as to confidential, proprietary, or trade secret information pursuant to CCP § 2031.060(b)(5). Good cause must be shown for the protective order, and the issuance and formulation of the protective order is in the court's discretion. See Mercury Interactive Corp. v. Klein (2007) 158 Cal.App.4th 60, 106-7; Raymond Handling <004f00110...

Excerpt: ... and (5) account stated. Kaass responded with a cross-complaint against Matevosian, alleging causes of action for (1) breach of confidentiality, (2) intentional interference with contractual relations, (3) misappropriation of trade secrets, and (4) defamation. Matevosian's Motion to Compel Further Responses to SIs and RFAs – Matevosian moves to compel further responses to special interrogatories, set one, and request for admissions, set one. Ka...

Excerpt: ...ach request with various objections, but agreed to produce documents. No documents have been produced for RPDs 1-6, 8-22, and 29-31. Defendants argue that no document production is required because the requests are irrelevant to the remaining issues in the action. In reply Plaintiffs argue that Defendants' arguments are irrelevant, because the motion merely seeks to compel compliance with Defendants' written response that documents would be produ...

Excerpt: ...abor performed on the condominium. Plaintiff moves for leave to file a first amended complaint. The FAC would allege a 3rd COA for foreclosure of mechanic's lien and amend the claim for damages to be consistent. Plaintiff contends that he did not realize there existed a cause of action for foreclosure on mechanic's lien and therefore did not inform his counsel of the existence of the lien until November 2017. Defendant opposes the motion, arguing...

Excerpt: ... (6) constructive fraud, (7) breach of fiduciary duty, (8) partition, (9) specific performance, (10) injunctive relief, (11) promissory estoppel, (12) equitable estoppel, (13) unjust enrichment, (14) quiet title, and (15) declaratory judgment. Plaintiff alleges that she and Defendant were in an unmarried relationship for 24 years; they had children together; they agreed to purchase and construct a home for their family; they each contributed fund...

Excerpt: ...d, (4) open book account, and (5) account stated. Kaass responded with a cross-complaint against Matevosian, alleging causes of action for (1) breach of confidentiality, (2) intentional interference with contractual relations, (3) misappropriation of trade secrets, and (4) defamation. Matevosian Motion to Compel Further Responses to RPDs – Matevosian moves to compel further responses to his requests for production, set one. Matevosian argues th...

Excerpt: ...iring, training, and supervision. Defendant Edwin's Towing moves for summary judgment or summary adjudication. Evidence – Plaintiff objects to portions of the Gonzalez declaration; all objections are overruled. Negligence (1st COA) – Plaintiff's 1st COA is for negligence, alleging that Defendant owed Plaintiff a duty to provide adequate and safe towing services, which was breached when Defendant's employee Wilson physically attacked Plaintiff...

Excerpt: ...ise, and concealment. Defendants Phil Hiroshima, Curtis Church, Ricardo Graham, Kenneth Fraser, Mt. View Seventh- day Adventist Church, and Mt. View Japanese Seventh-day Adventist Church demur and move to strike the FAC, arguing that Plaintiff's fraud allegations are uncertain and not particularly pled. There is no opposition. The Demurrer is sustained, as it is difficult to follow the allegations and they are not pled with particularity as t...

Excerpt: ...mended Complaint alleges causes of action for (1) negligence, (2) interference with familial relations, (3) Monell liability, (4) medical malpractice, and (5) interference with prospective economic relations. Defendant County of Los Angeles (County) demurs and moves to strike the SAC. Negligence – County demurs to the 1st COA for negligence on the ground that it is immune from liability for a common law claim, and Plaintiffs have alleged no fac...

Excerpt: ...d, (4) open book account, and (5) account stated. Kaass responded with a cross-complaint against Matevosian, alleging causes of action for (1) breach of confidentiality, (2) intentional interference with contractual relations, (3) misappropriation of trade secrets, and (4) defamation. Matevosian Motion to Compel Further Responses to RPDs – Matevosian moves to compel further responses to his requests for production, set one. Matevosian argues th...

Excerpt: ...e sufficient facts, and they move to strike portions of the complaint as irrelevant and improper. The demurrer is sustained and the motion to strike is granted on all grounds asserted by Defendants. The complaint is entirely unclear, does not allege facts supporting viable claims, and contains irrelevant and improper matter. Plaintiff is given 20 days to file an amended complaint. ...