Excerpt: ... RFAS (SET 1); SANCTIONS ($3,663) (2) COMPEL FURTHER RESPONSES TO RFPS, (SET 2); ORDER TO COMPEL PRODUCTION OF RESPONSIVE DOCUMENTS; SANCTIONS ($7,828) (3) COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES (SET 2); SANCTIONS ($5,448) (4) COMPEL 3RD PARTY COMPLIANCE WITH DEPO. SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS OF 432 S. NEW HAMPSHIRE ASSOCIATES LLC TENTATIVE RULINGS 1‐3: Hear argument re Plaintiff's untimely opposition. 4: Grant. Deny s...

Excerpt: ...led 11/15/17) (2) PLAINTIFF'S MOTION TO TAX COSTS (GSI RE INVESTMENT GROUP, INC.) (filed 10/30/17) (3) PLAINTIFF'S MOTION TO TAX COSTS (PACIFIC FINANCIAL BANCORP) (filed 11/8/17) (4) PLAINTIFF'S MOTION TO TAX COSTS (MONEY UNLIMITED, LLC) (filed 12/1/17) TENTATIVE RULING (1) Defendant's motion for attorney's fees in the amount of $58,575 is GRANTED. Plaintiff's request for sanctions is DENIED. (2) Plaintiff's Motion to Tax GSI RE Investment Group,...

Excerpt: ...S MOTION FOR TRIAL PREFERENCE (filed 12/13/17) TENTATIVE RULING Plaintiff's motion for a statutory trial preference pursuant to CCP § 36(a) is GRANTED. The declaration of Shahab Attarchi, M.D. adequately addresses the required “medical diagnosis and prognosis” in §36.5, especially when viewed in light of plaintiff's recent serious incidents and deteriorating condition. According to Dr. Attarachi there exists a substantial medical probabilit...

Excerpt: ...ties and counsel: Omitted. DEMURRER AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT (filed 12/14/17) Tentative ruling Defendant Goldenwest's demurrer to Plaintiffs' third cause of action for intentional/fraudulent concealment is OVERRULED. Defendant Goldenwest's motion to strike portions of the complaint regarding punitive damages is DENIED. Goldenwest's answer shall be filed and served no later than Feb. 13, 2018. Discussion (Please note:...

Excerpt: ... for an order sealing Exhibits 2 and 4 through 8 is granted in accordance with the findings contained in the proposed orders which the court intends to sign. New trial motion: DENIED. Timeliness issue: Neither side has cited authority that determines when the clock starts to run for the required notice of a new trial motion after all parties waive notice of an MSJ/MSA ruling, and notice of entry of judgment has not been given by anyone, including...

Excerpt: ...tely inadequate. The court notes it has already imposed sanctions against Plaintiff, apparently unheeded. Counsel are ordered to meet and confer in court to narrow the issues and advise the court of any remaining disputed issues, possibly by way of argument followed by a subsequently written 2‐page maximum joint statement, to be filed by _______ . Prior Ruling on Plaintiff's Motion to Deem RFAs Admitted On January 10, 2018, this Court denied Pl...

Excerpt: ... time. The parties' meet and confer efforts show astounding lack of courtesies and are completely inadequate. The court notes it has already imposed sanctions (although nominal at that time) against both sides, apparently unheeded. Counsel are ordered to meet and confer in court to narrow the issues and advise the court of any remaining disputed issues, possibly by way of a subsequently written 2‐page maximum joint statement, to be heard if the...

Excerpt: ... FORM INTERROGATORIES, SET ONE (filed 1/2/18) Tentative ruling Plaintiffs' motions to compel further responses to Form Interrogatories, Set One, No. 17.1(b), regarding RFA Nos. 7 and 12 are DENIED. Plaintiffs' separate statement does not list the response to Form Interrogatory 17.1(b) as to denial of RFA Nos. 7 and 12. Plaintiffs neither address this argument in their reply nor do they mention RFA Nos. 7 and 12. Plaintiffs' motions to compel furt...

Excerpt: ...r attorneys' fees: GRANT as prayed. Discussion Entitlement: Under Civil Code § 1717, “[i]n any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or n...

Excerpt: ...s Fourth Amended Complaint (“4AC”) alleges a “First Cause of Action” as “Common Counts (Conversion).” On October 20, 2017, Defendant filed the present demurrer to the 4AC. On November 27, 2017, Plaintiff filed an opposition. On December 5, 2017, Defendant filed a reply. Defendant demurs to both causes of action in the 4AC, arguing that the 4AC is a sham to the extent that it is based on pivotal facts that are inconsistent and contradi...

Excerpt: ...s petition to compel arbitration and to stay the proceedings (filed 12/7/17); 2. Joinder of defendant VVS (filed 12/28/17); Tentative ruling: Defendant/petitioner's request for judicial notice, although unnecessary, is granted. VVS' unopposed joinder is granted. Defendant Staffmark Investment, LLC's motion to compel arbitration and for stay of action pending arbitration is GRANTED. The court considers the opposition even if untimely because there...

Excerpt: ...ase note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes, boldface, italics, or the underscoring of case citations. A hard copy will be available for review in court before the hearing.) Factual and procedural background This is an employment action brought by Plaintiff Saul Rodriguez (“Pl...

Excerpt: ...ate is GRANTED. Service was improperly made on FMG. A proposed Answer is attached to the Reply. It is deemed served as of this date. A stand‐alone original shall be filed within five days and shall constitute a general appearance in this matter. Plaintiff's request for reasonable attorney's fees is GRANTED as an equitable remedy in the amount of $2,500 for work associated with this matter as far as FMG is concerned. Plaintiff's request for a pe...

Excerpt: ... COUNSEL (filed 12/15/17) TENTATIVE RULING Plaintiff's motion to deem admitted is DENIED. Defendants' request for sanctions is granted in the reduced amount of $3,116.00 awarded against plaintiff and her counsel of record. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnot...

Excerpt: ...ARLSON, LLP and COR FOR PROFESSIONAL DOCUMENT SERVICES, INC., DBA PRO DOC KYTEL (both filed 11/22/17); 2. Plaintiff's motion to compel Farmers to provide further responses to special interrogatories (set 4); request for sanctions ($5,560) (filed 11/22/17) 3. Plaintiff's motion to compel Farmers to provide further responses to special interrogatories propounded on October 12, 2017; request for sanctions ($3,560) (filed 11/30/17) 4. Plaintiff's mot...

Excerpt: ...1/17/17) TENTATIVE RULING: The demurrer is OVERRULED. The motion to strike is DENIED. Defendants' shall file and serve their answers no later than Jan. 19, 2018. Note to counsel: To avoid another appearance for the case management conference on 1/11/18, with counsel's agreement, the court will advance the CMC to this date. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not abl...

Excerpt: ...NG: DENY MSJ as to material misrepresentation issue and DENY MSA as to the first (breach of contract) and second (breach of the implied covenant of good faith and fair dealing) causes of action. There are triable issues of material fact regarding material misrepresentation; scope of coverage; and whether Adriatic failed to reasonably or without proper cause provide benefits under the policy. DENY MSA as to the fourth (fraud) and fifth (negligent ...

Excerpt: ...Morton Forshpan are OVERRULED. Defendants' petition to compel arbitration and motion to stay litigation are GRANTED. The action is stayed pending the completion of arbitration. The court sets an Order to Show Cause why the case should not be dismissed on the ground that all disputes will have been resolved in arbitration, with the court retaining jurisdiction to confirm or vacate the arbitration award and/or to make any orders that may be necessa...

Excerpt: ...ING Defendants' unopposed request for judicial notice is GRANTED. Defendants' evidentiary objections to the Tomblin Declaration and the Hayes Declaration are OVERRULED, except as follows: Objections #1 and #10: SUSTAINED. The motion to dismiss brought under the Barton doctrine is DENIED. There are two separate bankruptcy petitions at issue here. Defendants Biegenzahn were court‐approved debtor's counsel in the first petition, which was eventual...

Excerpt: ... by way of procedurally deficient memorandum (filed 11/1/17) TENTATIVE RULING Plaintiff's motion to strike the memorandum of costs is GRANTED. A prevailing defendant is entitled to recover litigation costs under the FEHA only if the plaintiff's harassment claim is “frivolous, unreasonable or groundless.” Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 99‐100 (costs allowable to prevailing FEHA defendant only if “plai...

Excerpt: ... facts sufficient to support their claim for punitive damages. Discussion Knieriem defendants/cross‐complainants filed the operative SAXC on November 16, 2017, bringing causes of action for: 1. Negligence—Property Damage; 2. Loss of Lateral Support; 3. Private Nuisance; 4. Diminution of Value; 5. Declaratory Relief; and 6. Injunction. On December 6, 2017, cross‐complainants dismissed the fourth cause of action for diminution of value from t...

Excerpt: ...idge Car Wash, LLC, Heim, LLC, Hollywood Way Partners, LLC, Project X Group, LLC, Spring Funds, LLC, Tarzana Medical Building, LLC, nascent Partners Management Company, LLC, Toldot Investment, LLC, Basar Investment, LLC, and Cowboy Investments, LLC. Opposing parties: Plaintiffs TENTATIVE RULING The demurrer is sustained in part and overruled in part: Entity defendants' demurrer: The demurrer of the entity defendants to each cause of action allege...