Excerpt: ...provide one more set of supplemental by August 22, 2011” but was stranded by Hurricane Irene, which was an August 2011 storm. The Court is essentially ordering that set here, and counsel should take a common sense view of the discovery requests (drafted by a non‐lawyer) to attempt to provide straightforward responses. 1. Plaintiff's motion to compel further responses to form interrogatories (set two) is GRANTED. Responses are ordered within 1...

Excerpt: ... amend. On June 20, 2018, plaintiff filed the operative first amended complaint on the optional Judicial Council form for (1) breach of contract and (2) fraud. On July 6, 2018, Benaron (hereinafter defendant) filed this opposed demurrer for insufficient facts. Defendant's counsel filed a compliant meet and confer declaration. Holmes Decl. ¶¶ 3-5. The demurrer challenges the operative pleading, the first amended complaint. Although the record do...

Excerpt: ... 6. failure to engage in the interactive process; and 7. failure to produce records. On July 3, 2018, defendant filed this opposed motion for protective order generally restricting the scope of discovery plaintiff should be allowed to seek. There is a total of 371 discovery requests propounded on defendant forming the basis of this motion. Plaintiff seeks sanctions totaling $3,500.00. The Court considered the moving, opposition, and reply papers ...

Excerpt: ... Iovene), 6. fraud deceit (against Sean Bouldin), 7. fraudulent concealment, 8. conversion, 9. unjust enrichment, 10. quantum meruit, 11. negligent misrepresentations, and 12. declaratory relief. On April 25, 2018, the Court granted an anti-SLAPP motion brought by Beats and Apple (collectively, Beats) as to the second and seventh causes of action. On July 5, 2018, Beats filed this opposed motion for judgment on the pleadings. The Court considered...

Excerpt: ...ice of the motion. For one, the proof of service does not indicate that plaintiffs were served. For another, although counsel represented that his clients' last known address was confirmed in the past 30 days by mail, telephone, and conversation, the latter two of which imply direct communication, counsel also represents that his “office has lost communication with [p]laintiffs” and that they “have not returned phone calls [or] respond[ed] ...

Excerpt: ... account, (3) account stated, and (4) goods sold and delivered. On March 15, 2016, the Court (Judge Goodman) entered judgment in plaintiff's favor, awarding plaintiff $27,681, reflecting a $20,000 setoff. The judgment awarded defendant nothing on its cross-complaint against cross-defendants. <0003004400530053004800 44004f0011[ On March 28, 2018, the Court of Appeal affirmed the judgment. On May 29, 2018, the Court of Appeal issued a remittitur. O...

Excerpt: ...re High School and College students design and build remote controlled robots to face-off in competition.” Id. at ¶ 37. LAUSD entered a robot into the event but was transported, shipped, and made available to plaintiff for his use in the competition. Id. at ¶ 18. Plaintiff's coach and teacher, Punjatorn Chanudomchuck, failed to appear at the event. Ibid. During the event but between sessions of actual operation engagement with the robot, the ...

Excerpt: ...to compel plaintiff's medical examination. GACC seeks sanctions. The Court considered the moving, opposition, and reply papers and rules as follows. Standard Code of Civil Procedure section 2032.020, subdivision (a) provides that “[a]ny party may obtain discovery . . . by means of a physical or mental examination of (1) a party to the action . . . .” (Further unspecified statutory references are to the Code of Civil Procedure.) Section 2032.3...

Excerpt: ... is not on the mandatory Judicial Council form. CRC, rule 3.1362(c) (“The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil (form MC- 052).” The form declaration requires counsel to indicate, among other things, how counsel confirmed that the clients' addresses are current and that service was therefore proper. In addition, the proposed ...

Excerpt: ...rvices Inc. According to the allegations, defendants fraudulently induced plaintiffs into a predatory loan, knowing that plaintiffs would not be able to afford the monthly payments of $5,031.99. In the verified First Amended Complaint, plaintiffs allege eight causes of action against all defendants for: 1) Financial Elder Abuse, 2) Constructive Fraud; 3) Fraudulent/Intentional Misrepresentation; 4) Fraud in the Inducement; 5) Negligence; 6) Viola...

Excerpt: ...d reply papers and rules as follows. Evidentiary Objections Plaintiffs' single evidentiary objection is OVERRULED. Motion to Strike / Tax Costs Standard In general, the “prevailing party” is entitled as a matter of right to recover costs for suit in any action or proceeding. CCP § 1032(b); Santisas v. Goodin (1998) 17 Cal.4th 599, 606; Scott Co. of California v. Blount, Inc. (1999) 20 Cal.4th 1103, 1108. The losing party may dispute any or a...

Excerpt: ...2014. On April 7, 2015, plaintiffs filed a complaint for survival and wrongful death from toxic injuries asserting causes of action for (1) negligence, (2) strict liability – failure to warn, (3) strict liability – design defect, (4) fraudulent concealment, and (5) breach of implied warranties. On May 3, 2018, defendants filed this opposed motion for summary judgment or adjudication. The Court considered the moving, opposition, and reply pape...

Excerpt: ...at point. Plaintiff's counsel eventually sent an email (on <011e018c011e0003017601 010f01c700030176017d>on on June 25, this motion would be filed on June 26, which it was. Plaintiff's motion should have disclosed the June 25 11:11 a.m. email from defendant's counsel stating “[w]e are working on this and will get the verifications to you in a few days.” Nevertheless, the promise from defendant was vague, particularly in light of the fact that ...

Excerpt: ..., the Court's view is that JPMorgan has a right to know what evidence Greenfield will be relying upon and what theories it will be advancing. Second, as to destruction of evidence related to communications with Drew, Udko, and Wang. (Motion at 14, topic f.) And third, as to its document searches and productions since the last PMQ deposition. (Motion at 14, topic g.) *** The Court has since March 2018 taken an active role in determining what disco...

Excerpt: .... But they were “unqualified buyers” and defaulted on the lease/purchase agreement. The parties then entered into a land sale agreement. On September 3, 2015, plaintiff filed a complaint in BC593634. On September 25, 2015, plaintiff filed a first amended complaint for (1) breach of contract, (2) elder abuse, and (3) fraud, praying for $1,750,000 in damages. On December 16, 2015, the Court granted defendants' motion to compel arbitration and s...

Excerpt: ... won <0044005100470003001400 0057004b004800030057[otal winning price at $72,500. Although Storck made partial payment and received some of the items, the complaint alleges that Storck has refused to pay the remaining amounts owed. In BC696911, Storck (hereinafter cross-complainant) sued Modern Auctions, Peter Loughrey, and Shannon Loughrey on March 7, 2018, for (1) rescission and restitution due to fraud, (2) rescission and restitution due to mis...

Excerpt: ...iffs Wang and China General Aviation, LLC filed a complaint for: 1. fraud (intentional misrepresentation), 2. negligent misrepresentation, 3. breach of contract, 4. breach of covenant of good faith and fair dealing, 5. conversion, 6. violation of Penal Code section 496, 7. intentional interference with actual contract, 8. promissory estopped, 9. accounting, and 10. constructive trust. <0047004800490048005100 470044005100570011[ On July 3, 2018, f...

Excerpt: ...ent and enter judgment against defendants if necessary. (Further unspecified statutory references are to the Code of Civil Procedure.) On June 26, 2018, plaintiff filed this unopposed motion to vacate the dismissal, enforce the settlement agreement, and enter judgment. The Court considered the moving papers and rules as follows. Motion to Enforce Settlement Standard The court is empowered to enter judgment where parties to pending litigation stip...

Excerpt: ...ent harassment/discrimination, 5. retaliation in violation of Labor Code section 1102.5, 6. retaliation in violation of Government Code section 12940(h), 7. intentional infliction of emotional distress, 8. wrongful termination in violation of public policy, 9. negligent hiring, supervision, and retention, 10. failure to pay all wages, 11. waiting time penalties, and 12. violation of the UCL. On June 25, 2018, plaintiff filed this opposed motion t...

Excerpt: ...garding filing a first amended complaint. The Court's ruling indicated that plaintiff's request for partition of 100% of the Property to him, when his declaration stated that others own interests in the Property as tenants in common, would violate Code of Procedure section 580, subdivision (a). (Further unspecified statutory references are to the Code of Civil Procedure.) On July 10, 2018, plaintiff filed a response to the OSC, arguing that the o...

Excerpt: ...n opposing this motion cites cases establishing that the defendant—not the plaintiff— is the prevailing party as to costs when a case is dismissed. See Code of Civil Procedure section 1032(a)(4) (prevailing party includes “a defendant in whose favor a dismissal has been entered”). Under binding case law, however, a plaintiff is the prevailing party under section 1032 where there has been a monetary settlement before the dismissal. See deS...

Excerpt: ...records that were used to support the filing of false insurance claims to Allstate. On June 1, 2018, defendants filed this opposed motion to modify or disregard the Referee's recommendations regarding Motions 107 and 204. (Motions considered by the Referee begin with 101 if brought by plaintiffs and begin with 201 if brought by defendants.) Plaintiffs seek sanctions. Also on June 1, 2018, plaintiffs lodged its objections to the Referee's reports ...

Excerpt: ...nt and other charges upfront. Verified Complaint ¶ 13. All payments were required upfront based on plaintiffs' national origin. Id. at ¶ 12. Plaintiffs and defendant subsequently entered into a 26- day rental for a portion of the residence (the Short-Term Rental) beginning June 5, 2017 (prior to the start of the Long-Term Rental.) Id. at ¶ 16. Under the Short-Term Rental, defendant would continue occupying a portion of the residence. Id. at ¶...

Excerpt: ...nant of quiet enjoyment, (4) negligence, (5) violation of Civil <005a00490058004f000300 48005100570055005c0011[ On June 1, 2018, plaintiffs filed this opposed motion for a protective order precluding defendant from inspecting and photographing plaintiffs' apartment units beyond what is permitted by law. Plaintiffs also request an evidence sanction precluding defendant from using any photographs already taken in violation of the Civil Discovery Ac...

Excerpt: ...unt, (5) account stated, (6) unjust enrichment, and (7) bad checks damages. <004c005100560057000300 00570011> Plaintiff now seeks default judgment against defendant in the principal amount of $26,025.00 plus interest and costs for a total judgment of $29,312.78. Procedural Requirements <004c005100560057000300 00570011000300030031>o pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal...