Excerpt: ...d the instant motions to compel Defendant Liberty Fund's responses to requests for production and requests for admission. Liberty Fund opposed and seeks sanctions. II. Standard a. Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc. § 2030.290(b).) The statute contains no time limit for a mot...

Excerpt: ...laintiff against both Defendants in the amount of $206,936.24. Plaintiff now moves for an order assigning judgment debtors' rights to payment and an order restraining judgment debtor. II. Standard Code of Civil Procedure section 708.510(a) states, in relevant part: (a) Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a...

Excerpt: ...; (4) Fraud; and (5) Breach of Fiduciary Duty. Plaintiffs assert the first through fourth causes of action against Defendants Bueno Properties, LLC (“Bueno Properties”) and Ramon Bueno (“Bueno”). Bueno Properties and Bueno separately demur to the Second Amended Complaint. II. Standard Where the complaint fails to state facts sufficient to constitute a cause of action, courts should sustain the demurrer. (Code Civ. Proc. § 430.10(e); Zeli...

Excerpt: ...dard Motion for new trial Article VI, section 13 of the California Constitution provides: “No judgment shall be set aside, or new trial granted, in any cause, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of ...

Excerpt: ...te the trial. CEP seeks to (1) separate the phases of trial such that liability and compensatory damages are tried first, followed by punitive damages; and (2) preclude financial condition evidence until there is a finding of entitlement to punitive damages. II. Standard CCP § 598 states: The court may, when the convenience of witnesses or the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on...

Excerpt: ...otel premises, returned with a handgun, and began shooting; and shot and killed McClure's son. McClure alleges that the owners/operators of the motel, Defendants Richard and Barbara Braxton, negligently failed to repair the motel's defective gate, and had advance knowledge that the shooter posed a safety risk to the tenants of the motel, because they knew that the shooter and other tenant were drug dealers, and that the motel operates in a high c...

Excerpt: ...elonged to Plaintiff's and Defendant Monica Hidalgo's (“Monica”) father. Their father transferred the property to Monica because Plaintiff was unable to have the property in his name at the time due to personal difficulty. All parties agreed the subject property belong to Plaintiff; there are witnesses to these conversations. Their father passed away on March 27, 2016. Monica had previously agreed both in person and in text to quitclaim the p...

Excerpt: ...rdinances prohibiting construction of convenience and liquor stores to prevent nuisance activities. Plaintiffs own a shopping center and a business that operates a 7-Eleven. The City allegedly issued a permit to another entity to build another 7-Eleven in violation of the ordinances. II. Analysis: Motion for Attorney's Fees Entitlement Plaintiffs argue that Government Code section 6259(d) provides, “[t]he court shall award costs and reasonable ...

Excerpt: ...”). On March 22, 2018, the Court denied Defendants' first motion to quash for improper service on Plaintiff, untimely service under Code of Civil Procedure section 1005(b), and failure to pay filing fees. The Court noted that, on the merits, the motion is meritorious. (See March 22, 2018 Minute Order.) On April 24, 2018, the Court granted Defendants' first motion to quash. (See April 24, 2018 Minute Order.) On June 20, 2018, Defendants' filed t...

Excerpt: ...efendant Nica Container Freight Line, Inc. on April 10, 2017 for indemnity, contribution, and declaratory relief. Nica answered the Cross-Complaint on May 11, 2017. Nica filed a Cross-Complaint on March 26, 2018 against A-Game and non-party “Mendez de Magliane Management, LLC” for indemnity. On May 10, 2018, Mendez answered the Cross-Complaint. Now Mendez moves for leave to file a Cross-Complaint for equitable indemnity, allocation and contri...

Excerpt: ...ff Ridgill Johnson Properties, the operator of Avalon Villa, sued Mr. Calhoun and his widow, Defendant Thelidria Calhoun, on the grounds that the debt owed by Leo was incurred during his marriage to Thelidria and is a community debt. (Complaint, ¶ 9; Fam. Code sections 914(a), 910.) Defendant's daughter Dimitriea Calhoun moves to be appointed as her mother's personal representative in this action because her mother is disabled. II. Analysis Calh...

Excerpt: ...t as of 2005, he took possession of Jessie Saldana's property on his own accord and without permission from the family when it was abandoned by Defendant's son. (FAC, ¶¶ 12- 13.) Plaintiff has paid the property taxes on the subject property since 2004. (FAC, ¶ 14.) On June 21, 2018, Defendant Mary Hernandez filed this opposed demurrer to the FAC. The Court considered the moving and opposition papers. II. Standard A. Demurrer Where the complain...

Excerpt: ...tion of Homeowners Bill of Rights – Dual Tracking (4) Negligence (5) Violation of Business and Professions Code section 17200 Plaintiff requests the Court grant injunctive relief to enjoin Defendant and their agents from foreclosing on Plaintiff's home and for Defendant to make a fair and final determination on Plaintiff's eligibility for a loan modification. Defendant Cam XVII Trust filed a demurrer to the complaint. The Court considered the m...

Excerpt: .... According to the operative First Amended Complaint, Ball had access to confidential information about customers, pricing, rate sheets, etc. The terms of Ball's severance required him to return all AZ materials and information. He returned only his work laptop, and not the files stored on his personal computer. A preliminary injunction has been in effect for more than a year. It has been extended by stipulations of the parties and by orders of t...

Excerpt: ...hired defendant James Jennings to obtain possession of the property. Jennings allegedly broke into the property and changed the locks. As a result of Jennings' conduct, plaintiff was left without a home for three days, until the Los Angeles County Sheriff restored plaintiff's possession. Plaintiff's First Amended Complaint (“FAC”) asserts three causes of action: (1) vandalism destruction of personal property, (2) breaking and entering, (3) in...

Excerpt: ...iff alleges that Orea represented himself as a licensed welding contractor when he was unlicensed. When Plaintiff discovered this, Plaintiff demanded Orea cease all work and return all funds paid to him. Orea refused and advised Plaintiff he would put a lien on the property. Defendants answered the Complaint and filed a Cross- Complaint. On April 11, 2018, the Court dismissed the Cross Complaint. On April 23, 2018, Plaintiff filed this motion for...

Excerpt: ...Johnson petitions the Court to approve minor claimant Dominique Faniel's compromise. The proposed settlement is $10,000. There are no claimed medical expenses. Counsel requests 25% attorney's fees in the amount of $2,500.00 and $1,072.96 in other expenses such as filing fees, attorney service, and court call. Faniel would receive $6,427.04. II. Standard Court approval is required to establish an enforceable settlement of a minor's claim. (Prob. C...

Excerpt: ...oposed settlement is $3,500. There are $0 claimed medical expenses. Petitioner does not request attorney's fees. Tiernie would receive $3,500. There is no proof of service attached to the petition. II. Standard Court approval is required to establish an enforceable settlement of a minor's claim. (Prob. Code, §§ 2504, 3500, 3600, et seq.; Code Civ. Proc. § 372.) Indeed, until a petition for such approval is granted by the court, there is no fin...

Excerpt: ... Uriarte passed away on July 18, 2017, allegedly from injuries that are the subject of this action. Ana Aleida Uriarte Uriarte moves (1) to be appointed as successor-in-interest to Francisco Uriarte; and (2) for leave to file a Second Amended Complaint (“SAC”). II. Analysis A. Motion of Ana Aleida Uriarte Uriarte to be appointed as successor‐in‐interest to Francisco Uriarte Code Civ. Proc. §§ 377.11, 377.30, 377.31, and 377.32 entitle a...

Excerpt: ... Bill of Rights violations, wrongful foreclosure, negligence and negligence per se, and violation of Business and Professions Code § 17200. Defendant Wells Fargo Bank, N.A. filed a demurrer, motion to strike, and motion for relief from waiver. The Court has considered the moving, opposition, and reply papers. II. Legal Standard Where the complaint fails to state facts sufficient to constitute a cause of action, courts should sustain the demurrer...

Excerpt: ...sed the property at a trustee's sale and evicted Washington in an unlawful detainer action (Federal Home Loan Mortgage Corporation v. Purvis Washington, et al. Case No. 13U13458). Plaintiffs argue they were wrongfully evicted from the property. The First Amended Complaint (“FAC”) alleges the following:  Plaintiffs reside under a valid lease at 839 West 115th Street, Los Angeles, CA. (FAC ¶ 1.) Plaintiffs purport to include a copy of the l...

Excerpt: ...nthony McNulty. Breckenridge served a 3‐day notice to quit on May 11, 2018. McNulty did not vacate and remains in possession. The complaint was filed May 15, 2018. McNulty demurs to the complaint. Breckenridge opposes. II. Standard Where the complaint fails to state facts sufficient to constitute a cause of action, courts should sustain the demurrer. (Code Civ. Proc. § 430.10(e); Zelig v. County of Los Angeles (2002) 27 Cal. App. 4th 1112, 112...

Excerpt: ...pg. 10.) A temporary restraining order was granted on October 19, 2017. (Mtn. Exh. A.) When circumstances changed and plaintiff no longer required the restraining order; plaintiff dismissed this action. (Decl. Wilcox pg. 10.) After dismissal, defendants Belmont Station and Jerome Chiaro filed a memorandum of costs requesting $1,366. Plaintiff filed this motion to strike costs. Defendant opposes. II. Standard A prevailing party is “entitled as a...

Excerpt: ... modification was improper, because the loan servicer did not have the loan owner's permission, and led to a November 2013 settlement agreement between plaintiffs and the loan servicer in which plaintiffs released defendants from the causes of action in this case. Defendants' alleged the following timeline:  On August 4, 2006, plaintiffs executed a promissory note from Quick Loan Funding for $351,000. o The promissory note was secured via a De...

Excerpt: ...he jury found for defendants. Defendants now move for $37,652.50 in attorneys' fees. II. Standard A prevailing party is “entitled as a matter of right to recover costs in any action or proceeding” under Code Civ. Proc. §§ 1032(a)(4) and (b). Items allowed as costs are enumerated in Code Civ. Proc. § 1033.5 and includes attorney's fees when authorized by contract, statute, or law. (Code Civ. Proc. § 1033.5(10).) When an attorney's fee is a...