Excerpt: ...ained attempts to allege damages in connection with the First Amended Complaint, leave to amend will not be granted. ...

Excerpt: ...ves it is unlikely that the trial will exceed six hours. ...

Excerpt: ... knowledge of the Defendant and required by provisions of the Insurance Code. Counsel should be prepared to meet and confer on the date of the hearing. ...

Excerpt: ...billing $325 per hour to have spent in connection with this motion would be 50 hours. Thus, the Court awards attorneys' fees in the amount of $16,250 pursuant to Cal. Civ. Proc. Code § 425.16(c)(1). ...

Excerpt: ... she was bitten by a large dog owned by defendant Kelsey Bartlett (“Ms. Bartlett”). According to Ms. Magnova, the vicious tendencies of this dog were well known to Bartlett, Master Dog and Basyro. Ms. Bartlett and Mr. Basyro demur to the first three causes of action on the grounds that they are barred as a matter of law under the “Veterinarian's Rule,” stated in Priebe v. Nelson (2006) 39 Cal.4 th 1112. Here, Ms. Maganova has taken care t...

Excerpt: ...hrysler Financial seeks relief pursuant to Cal. Civ. Proc. Code § 473(b) on the grounds that this is a mistake of the attorney, and should not be charged to the client. There seems to be no authority allowing relief under Section 473 for this type of error. The inability to obtain renewal of judgment does not appear to be an action “taken against” a party in that the party is merely denied a privilege that would be available on proper applic...

Excerpt: ...ch case, it appears that no response has been given. Likewise, there has been no response to these discovery motions. Seterus's motions to compel are granted. Mr. Blitstein is ordered to serve verified responses to form interrogatories, special interrogatories and requests for production, without objections, within ten days. (Cal. Civ. Proc. Code §§ 2030.290(a-b), 2031.300(a-b).) Seterus's motion to have matters deemed admitted is also granted,...

Excerpt: ...previous order--show that ordering sanctions and a future deposition would be futile. ...

Excerpt: ... Court issued a writ of attachment in the amount of $406,110.10, finding that Titan did not seriously dispute this amount. By the Court's count, Titan has made six motions to quash subpoenas for business records regarding its financial condition. Because of the nature of the filing requirements, the arguments about the subpoenas are repeated many times, making it difficult to tell whether different subpoenas present different issues. The Court wi...

Excerpt: ...s counsel for Mr. Zaghi is denied without prejudice. The Court is troubled that Mr. Zaghi has constructed a justification for contacting Mr. Mobasser in disregard of Mr. Mobasser's personal status as a represented party. If there are further attempts to contact Mr. Mobasser without permission of his counsel, Mr. Kohan will be disqualified. The Court has decided to set aside and vacate the default judgment entered against Avenue I Oil, Inc. Th...

Excerpt: ...c. v. Superior Court (1987) 43 Cal.3d 858, 872.) Ultimately, the “settlement figure must not be grossly disproportionate to what a reasonable person, at the time of the settlement, would estimate the settling defendant's liability to be.” (Tech‐Bilt v. Woodward‐Clyde & Assocs. (1985) 38 Cal.3d 488, 499.) In determining the good faith of a settlement, the court should consider a number of factors, including: 1. A rough approximation of the...

Excerpt: ...ed Complaint appears to have the same problems as the First Amended Complaint. Here, it does not appear that Mr. Rosario has made any attempt to accept the foreclosure alternative that he was offered, more than a year ago. Mr. Rosario argues that his sending a payment would have been an idle act because Fay would not have accepted it. It nevertheless remains clear based on the record in connection with the preliminary injunction that Mr. Rosario ...

Excerpt: ...ure sale. Her personal property was removed by the purchaser's agent and placed in containers supplied PODS. More than a year later, Ms. Datta's representative retrieved the property from PODS. As part of that retrieval, Ms. Datta signed a general release of PODS. The enforceability of that general release is the only issue presented by PODS. PODS has presented a sufficient prima facie case that the release was signed by Ms. Datta. As a matter of...

Excerpt: ...eave of court at any time before the . . . motion to strike is filed, or after a . . . motion to strike is filed but before the . . . motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the . . . motion to strike.” Specially Appearing Defendants argue that the First Amended Complaint does not moot their motion to strike, quash, or transfer, because the FAC was untimely and fil...

Excerpt: ... to properly amend the first cause of action. Apparently he cannot do so. The demurrers are sustained without leave to amend. ...

Excerpt: ...ealth Providers, Inc. (“Caritas”), which was also named as a nominal defendant. Caritas has now apparently joined the action as a party plaintiff. The Court sustains Mr. Caguin the demurrers for uncertainty. The Court does not see any need for Caritas to remain as a nominal defendant if Caritas has now entered the action as a party plaintiff. Obviously, with respect to Caritas, a demand to the corporation to pursue the action has been accepte...

Excerpt: ...i) adding an obligation of $200,000 to her dowry. The authorities in Iran apparently believe the document is genuine, and have told Mr. Hagheri to give the extra money to his wife. Mr. Hagheri claims this is a fraud that has caused him emotional distress. In pro per, Ms. Bagheri has demurred, suggesting that this Court lacks subject matter jurisdiction, and that jurisdiction lies in the Family Court. She bases this claim on Cal. Civ. Proc. Code �...

Excerpt: ...le Bank National Association, on behalf of Holders of Bear Stearns Asset Backed Securities I Trust 2007‐HE7. <0003010201900003019a01 011e011e00030018011eLfendants. The Trustee Defendants have requested judicial notice of a long history of litigation regarding the Plaintiff and the property at issue. The Court grants the request for judicial notice. Ms. Galindo has not supported the motion with sufficient evidence to allow the Court to determine...

Excerpt: ...iv. Proc. Code § 583.340(b). The running of the five-year period was extended for this time period, and trial on March 5, 2018 will be timely as to Lake Balboa according to the Court's calculation. The parties should be ready to address the calculation of the time period during which the action against Lake Balboa was removed to federal court. Motion to Quash Subpoena Defendants North American Health Care, Inc. (“North American”) and Lake Ba...

Excerpt: ...d from the fund was denied by an Administrative Law Judge on October 5, 2015. See Ms. Marenstein's declaration ¶ 11. Ms. Marenstein's husband, Alan Marenstein, opines that the finding by the Administrative law judge was erroneous, and that the claim should have been valid. See Alan Marenstein declaration. Under Cal. Civ. Proc. Code § 340.6, actions for attorney wrongful act or omission must be commenced “within one year after the plaintiff di...

Excerpt: ...he Van Nuys Airport on November 16, 2009. This matter grows out of an on-the-ground, low speed collision between the Citation and another aircraft. Jayhawk 910VP, LLC, (“Jayhawk”) is the owner of the Citation. WindAirWest, LLC (“WindAirWest”) is the lessee of the Citation. QBE acknowledges Jayhawk and WindAirWest as its insureds. Castle & Cooke also claims to be an insured, but QBE disputes this and has filed a complaint in intervention. ...

Excerpt: ...investment in certain targeted employment areas designated by the government. Plaintiffs each allege that they invested in what they thought were appropriate investments through a company known as Concordia Consulting Group LTD, (“Concordia”) which is also a defendant. Frederick N. Voigtman, F.W. Voigtman's father, was the principal immigration attorney processing the visas and is alleged to be involved in the Concordia Enterprise. Through hi...

Excerpt: ...s. Cal. Civ. Proc. Code § 2030(b)(1). Apex is limited to 35 Special Interrogatories in this case, pending further Court order. ...

Excerpt: ...is utterly inconsistent with the Court's opinion of April 26, 2017, and may be a result of a mistake by the Court. On April 26, 2017, the Court indicated that the only possible cause of action as to which the judgment could be entered separately was an accounting. No accounting was subsequently submitted to the Court—as far as the Court's review of the file shows. Moreover, the Court's April 26, 2017 opinion indicates that the Court did not int...

Excerpt: ..., 57 and 59-64. The Court cannot find an opposition. Dr. Zadeh seems entitled to the order compelling Ms. Baghdasarian to comply with the statements of compliance contained in her response to Dr. Zadeh's First Request for Production of Documents. Cal. Civ. Proc. Code § 2031.320(a). The Court orders her to comply by producing the documents within 20 days. Demurrers. Dr. Zadeh and Brighton Periodontal & Implant Group, Inc. (“Brighton”) have de...