Excerpt: ...e deficiencies...” The declaration indicates counsel merely left messages with an assistant that he wanted to discuss the basis for the demurrers with counsel. Under the same section, 430.41(a)(1), “[t]he party who filed the complaint ... shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint ... could be amended to cure any legal insufficiency.” The meet and confer dec...

Excerpt: ...evidence that defendant is not in the business of purchasing or investing in properties. [Zhu Decl., ¶ 5.] The opposing papers also submit evidence that the plaintiff requested that payments be made differently than as represented in the moving papers. [Zhu Decl., ¶¶ 8-9; Ex. A.] Nor would the court issue a writ in the sum of the proceeds from the sale of the motel ($1,280,000), given that the complaint states only that the agreement provided ...

Excerpt: ...g its confidential and commercially sensitive information from disclosure to its competitors, as well as the parties' interest in honoring their agreement to maintain records in confidence. (2) The overriding interest supports sealing the records. (3) A substantial probability exists that the overriding interest will be prejudiced if the records are not sealed. (4) The proposed sealing is as narrowly tailored as the circumstances permit, and (5) ...

Excerpt: ...ller Electronic Lab v. Superior Court (1988) 206 Cal.App.3d 1222, 1232. The default entered on September 13, 2017 and default judgment entered on September 29, 2017 are vacated and set aside. Defendant is ordered to file a separate original signed Answer and a separate signed original Cross-Complaint with the court by 4:00 p.m. today. ...

Excerpt: ...utually convenient date within the next 30 days at the offices of defendants' counsel unless the parties agree upon an alternative forum, such as the doctor's offices. Under CCP § 2020.010(b), “the process by which a nonparty is required to provide discovery is a deposition subpoena.” Pursuant to CCP § 2020.220(c), “Personal service of any deposition subpoena is effective to require all of the following of any deponent who is a resident o...

Excerpt: ...d in the moving papers. Pursuant to CCP § 437c(b), the motion is granted. The motion is also granted on the merits. Defendant John Quigley, M.D. has presented uncontradicted expert evidence that Dr. Quigley complied at all times with the applicable standard of care in his treatment of plaintiff Lon Smith and that, to a reasonable degree of medical probability, no act or omission on the part of Dr. Quigley caused, contributed to, or was a substan...

Excerpt: ...e CCP § 512.060 (“... writ of possession shall issue if both of the following are found: (1) The plaintiff has established the probable validity of the plaintiff's claim to possession of the property. (2) The undertaking requirements of Section 515.010 are satisfied.”); § 515.010(a) (“The value of the defendant's interest in the property is determined by the market value of the property less the amount due and owing” under the applicabl...

Excerpt: ...e fifth cause of action for violation of the Bane Act. Plaintiff has failed to allege these statutory claims with the requisite specificity against this demurring defendant, despite being permitted leave to amend to do so. Ten days to answer. Demurrer of defendant Cynthia Pfeiffer, M.D. and Ramin Tabatabai, M.D. to the Third Amended Complaint: Demurrer to the first cause of action for dependent adult abuse is sustained without leave to amend on t...

Excerpt: ...an action is pending, or by a judge thereof, in the following cases: ... (1) In an action ... between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose rights to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured.”) The opposition has ...

Excerpt: ...odification application defendant has engaged in conduct generally recognized to give rise to a negligence claim, such as mishandling documents, representing to the borrower that a sale would not occur, advising the borrower to default to be considered for a modification, or some undue delay, etc., and it appears doubtful such allegations can be made given that the complaint also alleges that the complete application was submitted on June 28, 201...

Excerpt: ... on the motion; (2) The motion itself; and (3) A memorandum in support of the motion or demurrer.” Subdivision (b) states that “Other papers may be filed in support of a motion, including declarations, exhibits, appendices, and other documents or pleadings.” Where the motion depends upon facts, admissible evidence of those facts must be provided, most often through a declaration. Where the motion depends upon other documents, those document...

Excerpt: ...m against defendant Jean-Pierre Nguyen, a natural person, arises out of the conduct by the defendant of a trade, business, or profession. Writ shall issue upon the posting of a bond in the amount of $10,000. (CCP § 489.220.) ...

Excerpt: ...ipate in the process should any meet and confer requirements arise in the future in this case. Demurrer of defendant Medical Telephone Exchange is overruled for the reasons stated in the opposition papers. Motion to strike punitive damages is denied for the reasons stated in the opposition papers. Motion to strike prejudgment interest is granted. Ten days to answer. Objections to Defendant's Request for Judicial Notice are sustained and the reque...

Excerpt: ...rement of CCP § 2025.240(a) that the notice shall be given to “every other party who has appeared in the action” requires notice to multiple attorneys for a party or whether the proposed deponent has standing to object that the notice was not given by one of plaintiff's attorneys to another of plaintiff's attorneys, the fact remains that the second plaintiff's attorney had not yet appeared in the action at the time the Notices of Deposition ...

Excerpt: ... judgment. Motion to tax costs is denied. As for Item 4, Deposition Costs, the moving party fails to identify which witnesses' depositions were not necessary, or why each of their depositions was not necessary or reasonable. The opposition submits evidence explaining the depositions were of franchise car dealers who sold the disputed vehicles through AVDA and that they necessary because AVDA refused to provide full information concerning the purp...

Excerpt: ...t alleges various objections, including a privacy objection. In Williams v. Superior Court (2017) 3 Cal.5th 531, the California Supreme Court stated that the party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances and a threatened intrusion that is serious. Then, the party seeking information may raise in response whatever legitimate and impor...

Excerpt: ...ar to the court that Ms. Dedeyan had notice before December 8 that the motion was not going to proceed on December 8 or that notice mailed January 4, effectively served as of January 9, is sufficient notice of this continued hearing date. 2. Even if the court were to consider this motion, it notes the Notice of Motion is directed only to Sona Dedeyan, while the proposed Order states it is as to both Dedeyan and Miru Logistics, Inc. The proof of s...

Excerpt: ...ve no facts to support their affirmative defenses. Motion is denied. The Requests for Admissions relied upon are no longer deemed admitted. The court granted relief from the deemed admissions on July 31, 2017. In addition, even if the court were to consider the Requests for Admissions, the motion fails to establish the damages owed, a necessary element to a breach of contract case. There is no evidence showing the interest or late fees purportedl...

Excerpt: ... the fifth cause of action for violation of the Bane Act. Plaintiff has failed to allege these statutory claims with the requisite specificity against this demurring defendant, despite being permitted leave to amend to do so. Ten days to answer. Demurrer of defendant Cynthia Pfeiffer, M.D. and Ramin Tabatabai, M.D. to the Third Amended Complaint: Demurrer to the first cause of action for dependent adult abuse is sustained without leave to amend o...

Excerpt: ...t is denied. There is no memorandum of points and authorities and the declaration submitted does not cite new case law or facts that were not available at the time of the prior hearing. Even if the court were to consider the motion on the merits, the motion would be denied. Request for entry of default is denied. ...

Excerpt: ...ision under CCP § 473. The incorrect calendaring of the response date is not “excusable” under the discretionary provision of CCP § 473 because the conduct consisted of counsel's failure to discharge “routine professional duties.” Generale Bank Nederland v. Eyes of the Beholder Ltd. (1998) 61 Cal.App.4th 1384, 1402. Relief is not requested under the mandatory provision of section 473 in the notice of motion. “A motion under section 47...

Excerpt: ...their entirety, that “Responding party does not have the present ability to comply with the particular demand for production and affirms that a diligent search and reasonable inquiry has been made in an effort to comply with this demand. The inability to comply is because the particular document, item, or category is not in the possession, custody or control of the Responding Party.” However, CCP § 2031.230 setting forth the requirements of ...

Excerpt: ...One are deemed admitted as true, pursuant to CCP § 2033.280(b) and (c). Monetary sanctions in the amount of $360 are awarded against defendant Denmark Francisco, payable within 30 days. CCP §§ 2033.280(c), 2023.101(d), 2023.030(a). If substantially compliant responses have been served before the hearing: Unopposed motion to Deem Requests for Admissions, Set One, Admitted is denied. The court finds that defendant Denmark Francisco has served re...

Excerpt: ...iolation of CRC Rule 3.1110(g) (“Exhibits written in a foreign language must be accompanied by an English translation, certified under oath by a qualified interpreter.”) Thus, to the extent the motion is premised upon an argument that there is a forum selection clause which makes Mexico the parties' choice of forum, the court has no evidence establishing that any purported forum selection clause is exclusive and warrants a refusal by this cou...

Excerpt: ......