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: ...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: ...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: ...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: ...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: ... (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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ... 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 ...

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...