Excerpt: ... duty by either defendant because neither defendant actually represented plaintiff and therefore did not engage in any conduct that breached any duty. The complaint also reveals on its face that it is barred by the applicable statute of limitations. Plaintiff alleges that any representation of plaintiff by appointed counsel ended on June 29, 2014 when her son was declared a ward of the court. It appears that plaintiff was aware she had suffered h...

Excerpt: ...duct of retaining and employing, dismissing from employment and removing from the rectory, a plaintiff who is alleged to have been a Rabbi employed to act as Rabbi of the Congregation and to provide religious duties and services. [¶¶ 10, 13, 14.] The court is bound by the doctrine of ecclesiastical abstention to abstain from making determinations concerning the propriety of that conduct. See Simpson v. Wells Lamont (5 th Cir. 1974) 494 F.2d 490...

Excerpt: ... There is no explanation for the failure to comply with the time requirements of section 430.40 and no facts are stated as to why this court should exercise its discretion to hear this untimely demurrer. Second, there is no meet and confer declaration, which is required under CCP § 430.41. The demurrer will not be considered until a proper meet and confer is conducted. The parties are ordered into the hallway to meet and confer in good faith, to...

Excerpt: ...uties pursuant to the parties' agreement, which it appears from the judgment plaintiff was unable to prove. This court was not the trial judge and does not know what the evidence was at trial and the declaration in support of the motion does not point to any evidence or facts of which the plaintiff was aware at the time of responding to the RFAs that informed the plaintiff that it could not prove defendant's failure to perform. For instance, the ...

Excerpt: ...ration. Pursuant to CCP § 1281.4, the court further orders that this action is stayed until arbitration has <0026003300030086000300 005a004b004800550048> the court has ordered arbitration, the court “shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies.”) The request to dismiss this acti...

Excerpt: ...was not personally served, as the proof of service indicates, because he was in China at the time. (O'Brien Decl., ¶ 3.) The opposition fails to present anything to the contrary in the reply and therefore has not shown that O'Brien's statement is not credible. As to defendant Mingle, LLC, the proof of service shows substitute service upon its purported agent for service of process, Richard Aaron. The proof of substitute service is defective on t...

Excerpt: ...cts, Inc. (2008) 165 Cal.App.4th 1568, 1588 (“By simply hearing the motion to compel without first deciding whether discovery should be reopened for that purpose under all of the circumstances, the trial court transgressed the confines of the applicable principles of law and thereby abused its discretion.”) ...

Excerpt: ... lodestar fees of $124,096.25, which the court awards to moving party against plaintiffs/cross-defendants Max Young and Trinity Force International. Plaintiffs/cross-defendants fail to challenge any of the fees sought as excessive, duplicative or unrelated. Costs are to be awarded, if appropriate, pursuant to a timely-filed memorandum of costs and are not considered or awarded in connection with this motion for attorneys' fees. ...

Excerpt: ...which is not vicariously liable for any alleged negligence of its franchisee and there are no allegations from which it can be determined that BHH is being sued exclusively based on a theory of vicarious liability, rather than based on its own direct negligence. Motion to Strike Portions of First Amended Complaint is granted in part. The court orders stricken from the pleading at para. GN-1, the words “selected, hired, supervised, engaged and�...

Excerpt: ...nstead, the declaration establishes that on November 21, 2017, defendant, an attorney, was aware that her response was due on December 15, 2017. [Ex. F] Although on December 11, she asks plaintiff for a 30-day extension of time to January 16, 2018 [Ex. G], she did not respond within that time frame. On January 18, 2018, two days after the expiration of the purported 30-day extension, she forwarded to plaintiff an email dated January 8, 2018 in wh...

Excerpt: ...rotect that interest. Plaintiff's opposition does not challenge these arguments or factual showing. The request for expungement of the lis pendens is granted. Plaintiff has failed to establish by a preponderance of the evidence the probable validity of any real property claim and will be unable to do so given that plaintiff's claims have been reduced to a money judgment with no real property claim remaining. <0086000300170013001800 00550047004800...

Excerpt: ...perior Court(1996) 12 Cal.4th 631, 645 (where fraud is alleged against a corporation, plaintiff must allege the names of the persons who made the misrepresentation, their authority to speak for the corporation; to whom they spoke, what they said or wrote; and when it was said or written.) Defendants' Request for Judicial Notice in Support of Motion, etc., is granted in part. The court takes judicial notice of the existence of the court documents,...

Excerpt: ...) states “As part of the meet and confer process, the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. The party who filed the complaint, cross-complaint, or answer shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint, cross-complaint, or answer could...

Excerpt: ...is “within 30 days after the service of the complaint . . . “ Pursuant to CCP section 435, a party may serve and file a motion to strike “within the time allowed to respond to a pleading. . . .,” which is thirty days from service (CCP section 412.20(a)(3)). The complaint was personally served upon defendant Safarian on April 13, 2018, making the demurrer and motion to strike due on or before May 13, 2018. However, they were not filed unti...

Excerpt: .... . against any party, person or attorney who unsuccessfully makes or opposes a motion to compel a further response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” The burden is on the party subject to sanction to show substantial justification or injustice. Mattco Forge, Inc. v. Arthur Young & Co. (1990) 223 Ca...

Excerpt: ..., the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. The party who filed the complaint, cross-complaint, or answer shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint, cross-complaint, or answer could be amended to cure any legal insufficiency.” Pl...

Excerpt: ...oss-complaint with the court by close of business today. Motion of defendant and cross-defendant Flatiron Construction Corporation to require plaintiff Pirali to file undertaking: (1) Out of State Residence: The court finds that plaintiff resides in Nevada, out of state. (2) Reasonable Possibility Defendant Will Obtain Judgment: The court further finds that defendant Flatiron has established a reasonable possibility it will obtain judgment in thi...

Excerpt: ...nc. to compel arbitration is denied. Defendant has failed to establish by a preponderance of the evidence the existence of a valid agreement to arbitrate. The arbitration provision is not initialed by any party other than the Owners/Plaintiffs; the moving papers and the reply fail to submit evidence that the Arbitration provision was initialed or agreed to by the Contractor; and, the provision expressly provides “In the event that Contractor an...

Excerpt: ... matters specified in Plaintiff's Requests for Admissions (Set No. Two), attached to the motion as Exhibit 1, are deemed admitted as true and the documents admitted as genuine, pursuant to CCP § 2033.280(b) and (c). Monetary sanctions in the amount of $2,250 are awarded against defendant Terry Bleick, payable within 30 days. CCP §§ 2033.280(c), 2023.010(d), 2023.030(a). If substantially compliant responses were served prior to the hearing: Pla...

Excerpt: ...rior to the hearing on this motion, the court shall order that all matters specified in these Requests for Admissions be deemed admitted as true, pursuant to CCP § 2033.280(b) and (c). In any event, the court shall award monetary sanctions in the requested amount of $645 against defendant Jeffrey V. Thompson, payable within 30 days. CCP sections 2033.280(c), 2023.010(d), 2023.030(a) ...

Excerpt: ... for the Interrogatory Motion and $2,475 for the Document Motion. The motions are granted as set forth below. As for the Interrogatory Motion, the plaintiff is ordered to provide verified responses within 10 days. See Appleton v. Superior Court<0056005300520051005600 48005600030044005500480003[ tantamount to no responses at all.”]. Monetary sanctions in the amount of $690 in attorney's fees and $60 in costs are awarded against the plaintiff and...

Excerpt: ...tively, the defendant has presented uncontradicted evidence that plaintiff Leatrice Erlander is unable to establish the essential elements of her causes of action, as she cannot show that the defendant engaged in trespass, wrongful disposition of property, or a negligent act in connection with plaintiff's real or personal property. In the plaintiff's deposition, she admitted that she did not know who may have entered her residence and taken her p...

Excerpt: ...records; (2) those overriding interests support sealing the records; (3) there is a substantial probability that the overriding interests will be prejudiced if the records are not sealed; (4) the proposed sealing is as narrowly tailored as the circumstances permit; and (5) no less restrictive means exist to achieve the overriding interests. These findings are based on the facts that defendant has established that the material consists of trade se...

Excerpt: ...in the declaration). 2. The application/declaration does not state applicant's residence and office address. 3. The application/declaration does not state the dates of admission of the applicant to the courts listed. 4. The application/declaration does not state that the applicant is a member in good standing of those courts. 5. The application/declaration does not state whether the applicant is currently suspended or disbarred in any court. 6. T...

Excerpt: ...rd sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though ... the requested discovery was provided to the moving party after the motion was field.”) The court does not find that Deana Garcia acted with substantial justification or that other circumstances make the imposition of the sanction unjust. The parties stipulated in Department 91 on October 3, 2017 to a trial continuance and that “all...

Excerpt: ... (Cerra v. Blackstone (1985) 172 Cal.App.3d 604, 609), it is not clearly alleged the demand was communicated to Kwan. Motion is denied on all other grounds. Ten days leave to amend. CMC ...

Excerpt: ...pulation and Protective Order submitted with the moving papers shall be modified by counsel to strike the words “Stipulation and” wherever they appear in the Order and where the terms “stipulated,” “stipulate” or “agree” appear, those terms shall be modified to reflect that the court orders the specific terms to apply. Last, paragraphs 22 and 23 are stricken. ...

Excerpt: ...supported by legal authority when this court has already ruled in this matter that the claims are sufficient to survive demurrer; (3) the motion appears to mislead the court with respect to the status of the parties to the pleadings and (4) offers no legal support either in the moving or reply papers for the argument there is some defect in the pleading because the suspended corporation is clearly not a named party. The court finds from these cir...

Excerpt: ...o. 1: There are no triable issues of material fact as to defendant, Los Robles Hospital and Medical Center, regarding plaintiff's claim for negligence because the Hospital nurses and non- physician staff at all times met the standard of care with regard to plaintiff. Plaintiff has presented admissible expert testimony citing specific factual breaches of duty which raises triable issues of fact with respect to the establishment of breach of the st...

Excerpt: ...mbers. [See Ex. A.] The copy of the operating Agreement attached to the Answer in the court's file includes an exhibit to the Operating Agreement which names Goldstone as a member with 60 Class A Units, but there are no signatures on the signature pages. On this record, the court cannot find that moving party is a party to an arbitration agreement. Is there a signed version that clearly shows that Goldstone is a party to the Operating Agreement? ...

Excerpt: ...laration. In addition, the opposing papers were 4 court days late, do not include a proof of service and are not signed by the plaintiff. See, CCP § 1005(b) (“All papers opposing a motion ... shall be filed with the court and a copy served on each party at least nine court days ... before the hearing.”), but was not filed until February 8, 2018; see also CCP § 128.7 (“(a) Every pleading, petition, written notice of motion, or other simila...

Excerpt: ...pp.4th 469, 497 (“There is no requirement that the intent to seek attorney fees under section 1021.5 must be pleaded in the underlying action.... As there was no requirement that they be pled at all, the trial court erred in striking Snatchko's prayer for attorney fees based on a failure to adequately plead their basis...”) Motion to strike prayer for treble damages is denied. The pleading sufficiently alleges that plaintiff was disabled and ...

Excerpt: ...lationships such as those between partners or joint venturers ....”) The complaint alleges the parties are partners. Demurrer to the second cause of action for breach of contract is sustained on the ground it cannot be ascertained from the pleading whether the agreement is oral, written or implied by conduct. If it is oral, as argued in the opposition, the complaint should be amended to so state. Demurrer to the third cause of action for promis...

Excerpt: ...ruction, Inc. on the ground it fails to specifically allege that the purported misrepresentations were made on behalf of the corporation. Demurrer to the fifth cause of action for negligent misrepresentation on the ground it fails to allege each representation with specificity, raising concerns that the cause is an improper claim for negligent false promise. See Tarmann v. State Farm (1991) 2 Cal.App.4th 153, 159 (“An action based on a false pr...

Excerpt: ...4 th Amendment Due Process Clause, and the Attachment Law is subject to strict construction. Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1106. In addition, the opposition has submitted evidence from which the court concludes that plaintiff has not established sufficiently the probable validity of the claim upon which the attachment is based in the amount claimed. ...

Excerpt: ...dant/Cross-complainant Fairview East, LLC's Form Interrogatories, Set One, without objection, within 10 days. Plaintiff KV Electric Inc. is ordered to serve responses to Defendant Tai On Ho's Special Interrogatories, Set One, without objection, within 10 days. Plaintiff KV Electric Inc. is ordered to serve responses to Defendant Fairview East, LLC's Special Interrogatories, Set One, without objection, within 10 days. Monetary sanctions in the amo...

Excerpt: ...ble within 30 days. CCP sections 2030.290(c), 2023.010(d), 2023.030(a). Unopposed motion of defendant Extra Space Management, Inc. to compel responses from plaintiff Kenny Wong to Requests for Production and Inspection of Documents, Set One is granted. Plaintiff Kenny Wong is ordered to serve responses, without objection, and to permit inspection and copying within 10 days. Monetary sanctions in the amount of $935 are awarded against plaintiff Ke...

Excerpt: ... residence) is greater than the harm to defendants if it is granted (loss of use of money which can be recompensed by a judgment for interest). Plaintiffs are ordered to post a bond in the sum of $66,000 by 4:00 pm on February 23, 2018. CCP § 529. In determining the amount of the bond, the “trial court's function is to estimate the harmful effect which the injunction is likely to have on the restrained party, and to set the undertaking at that...

Excerpt: ... to the extent the motion seeks to set aside the order issuing terminating sanctions, striking the answer, granting special motions to strike and sustaining demurrer to the cross- complaint, the motion is denied. Those orders were not made within six months of the filing of this motion and not all of them are orders for which relief may be granted under CCP § 473(b). Accordingly, the court will not accept for filing any answer or cross-complaint...

Excerpt: ...ly operative language, and any legal effect of the document which is clear from its face. See Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265. As to the documents in court files for other actions, the court takes judicial notice the documents exist in the court file. As to orders in those court files, the court takes judicial notice that a court made the findings of fact and conclusions of law and issued the judgments in those ...

Excerpt: ...clerk of the court. If an amended proof of service is provided: Unopposed Motion to be Relieved as Counsel for Steve Chen is granted. The court notes service of the moving papers on the clerk of the court pursuant to CCP section 1101(b). Counsel is ordered to complete the Order to reflect at paragraph 8 the date discovery responses are due. Counsel is directed to serve his client with the order signed today and will not be relieved, and will rema...

Excerpt: ...tial if the moving papers are correct. The response provided does not state that any reasonable inquiry has been made, or that information readily known or obtainable is insufficient. In Chodos v. Superior Court (1963) 215 Cal.App.2d 318, in interpreting the former version of the discovery statute, the court set a relatively high standard for a legitimate claim of lack of information: The case is controlled by the decision of the Supreme Court in...

Excerpt: ... and this court found plaintiff to be the prevailing party before the cost memorandum was filed. The court finds that the filing of the memorandum of costs by a party who has not been designated the prevailing party, without any legal basis, is an act which would be viewed by any reasonable attorney as conduct completely lacking legal merit. It is frivolous and in bad faith and accordingly, the court orders defendant Lefco, Inc. to pay the reason...

Excerpt: ...ithin 30 days after the service of the complaint ....”) This complaint was <00480003005a0044005600 00240058004a00580056>t 1, 2017. This motion, filed January 9, 2019, is five months late. If this motion is a request that the court strike portions on its own motion, that is denied. ...

Excerpt: ...a private dispute between defendant and plaintiff concerning the refusal of plaintiff, a private individual acting in the course of his employment, to serve defendant alcohol and defendant's reaction. The fact of defendant's celebrity does not transform defendant's conduct into a public issue or an issue of public interest. Weinberg v. Feisel (2003) 110 Cal.App.4th 1122 (“those charged with defamation cannot, by their own conduct, create their ...

Excerpt: ...ge, and any legal effect of the document which is clear from <0003000b00150013001400 0044004f001100240053[p.4th 256, 265. As to court documents in court files for other actions, the court takes judicial notice of the existence of the document in a court file, and with respect to orders, findings of fact and conclusions of law, and judgments, the court takes judicial notice of the truth of the facts asserted. Day v. Sharp (1975) 50 Cal.App.3d 904,...

Excerpt: ... the real party in interest entitled to pursue the quiet title claim; Hartunyan is the real party in interest. See CCP section 367 (“Every action must be prosecuted in the name of the real party in interest.”) Moreover, plaintiff Bolger may not file a complaint on behalf of another person, such as Hartunyan, unless plaintiff is licensed to practice law in California. See, Hansen v. Hansen (2003) 114 Cal.App.4th 618, 621 (“Since the passage ...

Excerpt: ...tion fails to allege facts giving rise to a general negligence duty on the part of the defendant. The fourth cause of action for promissory estoppel fails to allege clear promises, detrimental reliance, and because plaintiff simply made reduced payments on money he already owed, it does not appear under the facts alleged that injustice can only be avoided by the enforcement of such promises. Plaintiff has failed to successfully amend the pleading...

Excerpt: ...rties involving allegations of sexual abuse (CCP § 2032.340(a)), but no such limit is placed on depositions by statute. Even in the case of a metal examination of a minor, case law finds the attendance of an attorney at such an examination should only be ordered in extraordinary circumstances and that questioning may be limited regarding the details of the events giving rise to the injuries when the details have already been given by the minor i...

Excerpt: ... within which the motion to compel a response must be made. Plaintiff Parrague Construction, Inc. is ordered to serve complete verified responses, without objection, to Form Interrogatories, Set One, addressing all of the subparts of each interrogatory. Objections have been waived. However, had they not been waived, they would have been overruled due to plaintiff's failure to justify them in the opposition papers. The form interrogatories do not ...