Excerpt: ... statement. See Cal. R. Ct. 3.1345(a)(5). This aspect of the motion is denied. Mr. Bieber is ordered to pay sanctions in the amount of $2000 to Plaintiffs. ...

Excerpt: ...st the amount of the proposed judgment, $264,230.30 inclusive of interest and attorney's fees. City Lights only contests whether judgment should also be entered against John Miller. Mr. Meyer has clarified that he is not seeking judgment against Mr. Miller. The motion is granted. Mr. Meyer may submit a form of judgment for approval as to form. ...

Excerpt: ...led to allege numerous elements that are required in a quiet title action, including: a legal description of the property, the adverse claims, and the date as to which a determination is sought. More importantly, he acknowledges the existence of a deed of trust, but does not allege that he has satisfied, or has a bona fide dispute regarding, the outstanding debt. In the event that Mr. Cabrera seeks to amend the complaint, the Court will require a...

Excerpt: ... copies available at the office of counsel in San Diego. Plaintiff alleges the offer for production in San Diego violates Code of Civil Procedure section 2031.030, subd. (c)(2) & (3), and it's oppressive. Code of Civil Procedure section 2031.030 states in relevant part: “(c) Each demand in a set shall be separately set forth, identified by number or letter, and shall do all of the following: … (3) Specify a reasonable place for making the ins...

Excerpt: ...s under their apparent name. The FAC has two causes of action against Premier, negligence and breach of contract. Premier demurs to both. With respect to negligence, Premier relies only on the contention that the FAC makes clear that Mr. Rich/Parry's criminal conduct was a superseding cause of Richman's injury. No argument is made as to any other issue. Premier relies upon the single case of Brewer v. Teano (1995) 40 Cal.App.4 th 1024. From that ...

Excerpt: ...after he received the underlying Cohen complaint, he requested a defense from his automobile general liability insurer, Transguard Insurance of American, Inc. (“Transguard”). According to the First Amended Complaint (“FAC”) in this action, Transguard accepted and then later denied coverage. The underlying Cohen Action proved to be without merit, and summary judgment was entered against the Plaintiff in that case. Mr. Pullen now sues Trans...

Excerpt: ...er which Ms. Datta would pay $25,450.10 to Ditech. B of A and Ditech would then reconvey the deed of trust to the home to Ms. Datta and her husband. The money was paid, but the property already been conveyed to a third party through a trustee's sale. The successor of the third party evicted Ms. Datta and her husband. B of A and Ditech seem to be acknowledging the breach of contract, but contending that there can be no damage because they have ful...

Excerpt: ...he Court denies the motion. Evidence indicating that the Gilberts should receive punitive damages has not been filed with this motion. Discovery of Center BMW's two most current balance sheets and profit and loss statements will be allowed in the event that the Gilberts establish their claim their entitlement to punitive damages at trial. The Gilberts also seek to compel production of the original window sticker and bill of lading for the 2013 BM...

Excerpt: ...ate of the eviction. What ensued is a long saga in which Ms. Datta either failed to pick up her property or was improperly frustrated in her efforts to do so. In California, conversion is simply the wrongful exercise of dominion over another's personal property. A wrongful intent is not necessary. Whether the detention of Ms. Datta's personal property was caused by her neglect or the conduct of Boardroom's agents is something that cannot be subje...

Excerpt: ...employee.” The “fellow employee,” appears to be “her direct supervisor, Mr. Robert Cavenaugh.” Mr. Cavenaugh appears to be a participant in the behavior of which Ms. Flaherty complains. See SAC ¶ 15. She then relates a series of events from which the City could have concluded she had been drinking on the job, which she doesn't specifically deny. At this point, the Court still cannot tell whether Ms. Flaherty was being asked to do anyth...

Excerpt: ...udgment is requested. If all are liable for any amount promised to WIC, then the basis for that contention should be established.  WIC is requesting a default judgment in excess of $2 million. Yet it establishes that it has actually paid out a much smaller amount of money. Previously, WIC has only demanded the sum of $640,780.11 from defendants. Even if full credit is given for the allowance of claims in the liquidation proceeding, in the amou...

Excerpt: ...ery fact necessary to establish the cause of action must be pleaded. Susman v. Los Angeles (1969) 269 Cal.App.2d 803, 809. First Cause of Action The Datos' First Cause of Action alleges that Agoura Hills violated a mandatory statutory duty, which can be the basis for liability under Cal. Gov. Code § 815.6, which provides: Where a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a par...

Excerpt: ...that an Elder Abuse claim cannot be made out against a health care provider based on simple, or even gross, professional negligence. The cases have been less clear, however, on where the line may be drawn on demurrer between what constitutes negligence and what constitutes Elder Abuse. As Plaintiff's counsel points out, Fenimore v. Regents of the University of California (2016) 245 Cal.App.4 th 1339 made that line even less clear because it start...

Excerpt: ...fore resolution of that dispute can occur in this or the related cases. Clearly there is a dispute between the parties, which is about all that is necessary to plead declaratory relief. The pleading also contains the elements of a claim for equitable contribution. While the disputed facts regarding coverage may turn out to be few, there are still issues of fact to be determined in this or the related action. The Court would have to resolve all is...

Excerpt: ...madi is to respond to the interrogatories within 30 days. Defendant Encino Urgent Care ("Encino") moves to compel Mr. Mohammadi to respond to Form Interrogatories Set 2. The motion is granted. Mr. Mohammadi is to respond to the interrogatories within 30 days. Mr. Heikali, Mr. Tabibian and Encino move to compel Mr. Mohammadi to respond to Request for Production Set 2. The motion is granted. Mr. Mohammadi is to respond to the Request for Pr...

Excerpt: ... and the motion is not supported in the manner contemplated by Cal. R. Ct. 3.1324. Nevertheless, the overall effect of the amendment is to drop the claim of breach of contract made in the original complaint. It seems impracticable for the Court to force a party to move forward on a cause of action that it no longer desires to pursue. To the extent that the original pleading constitutes a judicial admission by WAW, it is the Court's view (and no p...

Excerpt: ... symptoms. A scan ordered approximately a day and a half later showed a subarachnoid hemorrhage in his brain. He was transferred to the downtown Kaiser Hospital, where surgery was performed. Dr. Campen believes that the delay in performing the surgery caused or contributed to neurological deficits of which Mr. Cohen has complained since the surgery. Kaiser presents its expert testimony from David Barcay, M.D. to the effect that there was no breac...

Excerpt: ...ction, Douglas is not alleging a direct cause of action against the trust or Mr. Wallet, only that they are the recipient of a voidable transfer. Seventh Cause of Action Contrary to Mr. Wallet's argument, the First Amended Complaint of Douglas identifies specific property in Exhibit G. ...

Excerpt: ...ified. From the cross‐complaint, she appears to have been <000301c1015a017d000301 018c011e0176019a016f>y been released. The third cause of action does not appear intended for Ms. Krasovich. The demurrers are sustained with 20 days leave to amend. In view of the ruling on the demurrers, the motion to strike is moot. ...

Excerpt: ...fs point out that the “motion to strike” is the equivalent of a demurrer to the 4th and 5 th Causes of Action, and by styling the motion in this way, Ms. Carey has avoided a meet and confer. While the contention is correct, it seems evident that the legal points raised by the motion to strike have already been the subject of demurrers and a related meet and confer process. Because the legal points are outcome determinative for Ms. Carey's inv...

Excerpt: ...t the alleged criminal acts of Defendants Mackay and Cuoco simply by hosting a party at a rented house. Ms. Villamater's' connection with the University, or the general foreseeability of violence at parties involving young people and alcohol, is insufficient to create a special relationship between Mr. Hanouchian and Ms. Villamater. Melton v. Boustred (2010) 183 Cal.App.4 th 521. Even if Ms. Villamater had made a commitment to the University to h...

Excerpt: ...ought Fay's policies and procedures for processing loan modifications during the period when Mr. Rosario <0003019a017d0003016c01 01280128011e018c0003Lopen. The Court orders as follows: Within 20 days, Fay shall produce those documents which constitute its written policies and procedures regarding Trial Payment Plans that were in force during December 2016 and January 2017. The Court notes that Ms. Vonterro White's declaration, submitted in <015d0...

Excerpt: ...§ 2030.220. The response may be limited to licenses issued applicable to the operations at the Van Nuys Airport and in effect at the time of the incident. Interrogatory No. 12.7. Castle and Cook should provide a further response in compliance with Cal. Civ. Proc. Code § 2030.220. The response may be limited to inspections specifically relating to the subject incident. Sanctions in the amount of $1,000 are payable by Castle & Cooke to WindAirWes...

Excerpt: ...t the alleged criminal acts of Defendants Mackay and Cuoco simply by hosting a party at a rented house. Ms. Villamater's' connection with the University, or the general foreseeability of violence at parties involving young people and alcohol, is insufficient to create a special relationship between Mr. Hanouchian and Ms. Villamater. Melton v. Boustred (2010) 183 Cal.App.4 th 521. Even if Ms. Villamater had made a commitment to the University to h...

Excerpt: ...f in this action. This action was eventually dismissed with prejudice by the Court as the result of the failure to prosecute the action, and the injunction was thereby dissolved. The Undertaking was filed by Suretec for the Injunction as provided in Cal. Civ. Proc. Code §529. Under that section, such an undertaking requires the surety to “pay to the party enjoined any damages, not exceeding an amount to be specified, the party may sustain by r...