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: ...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: ... 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: ...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 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: ...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: ...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: ...unctive relief. On February 3, 2017, the Court granted defendant's motion for summary adjudication as to the fifth, sixth, and seventh causes of action. On June 25, 2018, defendant filed this opposed motion to augment its expert witness list. (Defendant notes that the motion is brought as an alternative to its motion in limine No. 4.) Failure to Meet and Confer A motion to augment a party's expert witness list must be accompanied by a meet and co...

Excerpt: ...n to compel further responses to form interrogatories (set two) is GRANTED as to interrogatory 17.1 and DENIED as to interrogatory 16.6. As to interrogatory 16.6, the standard application of this interrogatory is where a plaintiff has, for example, suffered an elbow injury and the employer contends that damages from this injury pre‐dated an incident that is at issue, or that the loss of earnings caused by the incident should <018c017d0176015001...

Excerpt: ...service indicates that counsel served all the documents on both the client and defendant via its counsel. Counsel served the client by mail at her last known address and represented that she has been unable to confirm that the address is current; counsel represents that she has made attempts to contact plaintiff via phone, a “family friend,” and her e-mail address. Therefore, service was proper. CRC, rule 3.1362(d). As to the merits, the “d...

Excerpt: ...ing Agreement), plaintiff's interest was eventually diluted.) H&I in turn owned, along with defendant Ivar Investments, LLC (Ivar Investments), two nightclubs: Roxbury Club and Lounge, LLC (Roxbury) and Hemingway's Lounge, LLC (Hemingway's). In very general terms, plaintiff alleges that Nightlife, Ivar Investments, and the individuals controlling them (primarily Elie Samaha and Donald Kushner) diverted funds into other business ventures at the ex...

Excerpt: ...ts Kalpesh Solaki and Mill Creek Investments, LCC's motion to deem admitted requests for admission, set one is GRANTED. On the current record, plaintiff Ashok Patel served no responses before the motion was filed and then, on or about the July 6, 2018, date of the opposition, served unverified responses. Because unverified responses are considered no response at all, Appleton v. Superior Court, 206 Cal.App.3d 632, 635‐36 (1988), the current rec...

Excerpt: ...o personal loans they made to Designing Health, as well as their deferred compensation.” Id. at ¶ 8. By the end of 2014, Designing Health owed plaintiff approximately $300,000. Id. at ¶ 10. Plaintiff alleges that defendants filed to file UCC-1 filings required to secure such debt and/or UCC-1 continuation statements. Id. at ¶ 12. On December 27, 2017, plaintiff filed a complaint and on April 6, 2018, the operative first amended complaint for...

Excerpt: ... responding to any of plaintiff's discovery requests in light of the section 998 offer. Defendant also seeks sanctions but does not specify an amount. Defendant's counsel submitted a compliant meet and confer declaration. Kimbrough Decl. ¶ 12. The Court considered the moving, opposition, and reply papers and rules as follows. Request for Judicial Notice Plaintiff's request for judicial notice of (1) another request for judicial notice filed in a...

Excerpt: ... “an additional two weeks to do a [motion to compel.]” Untimeliness thus is not a position that <015d019a00030102018901 0102019a0003002c01c7>droquip had not even filed verified responses by June 18. <011e011e019a0372010201 018c0003015d01900003>meritless, where in the conferring process it promised additional responses but then did not provide them. Hydroquip finally served verified responses on July 2, around the time of the July 3 opposition...

Excerpt: ...icted of crimes. On February 21, 2018, plaintiff filed a complaint for: 1. damages for defamation and request for punitive and compensatory damages, 2. declaratory relief and injunctive relief, 3. breach of written and verbal contract, 4. intentional infliction of emotional distress, 5. malicious prosecution / PC § 646.9(e) harassment, 6. fraudulent concealment, 7. pain and suffering, 8. retaliation/harassment PC-646.9(e), 9. intentional interfe...

Excerpt: ...d Willem Jonker as Doe defendants 1 through 5, respectively. On December 22, 2017, plaintiff filed this opposed motion for prejudgment possession and certification of tax information. U.S. Bank National Association filed a notice of joinder to the opposition. (The Court observes that although Valencia TPP is denominated a defendant in the opposition papers, it does not appear to actually be a party.) The Court considered the moving, opposition, a...

Excerpt: ...l to this date. On June 21, 2018, plaintiff filed this opposed motion for attorneys' fees. (The Court observes that on July 6, 2018, defendant filed two motions to tax costs, which are currently scheduled to be heard on August 14, 2018.) The Court considered the moving, opposition, and reply papers and rules as follows. Evidentiary Objections Defendant's evidentiary objections are contained in the proposed order. Plaintiff's evidentiary objection...

Excerpt: ... apply to appear pro hac vice in this State by way of written application upon due notice to all interested parties, as well as service on the State Bar in San Francisco with payment of a $50.00 fee, so long as that attorney is not a resident of Califomia: does not work in California and clKrs not regular or substantial business, professional or other activities in the State. The written application must provide the following information (1) appl...

Excerpt: ...t Investment Advisory Contract” (Investment Advisory Contract.) Defendants allegedly overbilled plaintiff, failed to follow her directives, including failing to return money that they led her be believe was actually invested, on demand, and failed to advise her that the purported investment was very risky. On August 1, 2015, plaintiff sent a notice of termination of her investment advisor relationship with defendants. On July 28, 2016, plaintif...

Excerpt: ... apply to appear pro hac vice in this State by way of written application upon due notice to all interested parties, as well as service on the State Bar in San Francisco with payment of a $50.00 fee, so long as that attorney is not a resident of Califomia: does not work in California and clKrs not regular or substantial business, professional or other activities in the State. The written application must provide the following information (1) appl...

Excerpt: ... motion is denied for this reason alone. Second, plaintiff's approximately thirteen exhibits, comprising hundreds of pages, lack tabs. “Each exhibit must be separated by a hard 8 1/2 x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation.” CRC, rule 3.1110(f). The Court spent a large amount of time attempting to figure out what pages go with which exhibit. The exhibits themselves hav...

Excerpt: ...the appropriate Judicial Council forms and addressed to the client. CRC, rule 3.1362(a), (c), (e). The proof of service indicates that counsel served all the documents on both the client and plaintiff, who is self-represented. Counsel represented that his client's last known address was confirmed via the “State of California Department of Corrections and Rehabilitation Inmate Locator.” Although counsel did not mark the appropriate box on the ...

Excerpt: ...owned by Simona and Kim through the Trust. On June 28, 2016, KSBLand Trust and Simona Farrise filed a complaint against defendants Rosario Bacon Billingsley, Andrew Billingsley, Law Offices of Rosario Bacon Billingsley (Rosario, Andrew, and Law Office are collectively, Billingsley), Melissa Kay Birch, Kim, David Frank Osman, Sotheby's, Inc., Sotheby's International Realty Inc., and Richard Adam Van Seenus (Birch, Osman, Sotheby's, and Seenus are,...

Excerpt: .... violation of Labor Code section 1102.5, 2. wrongful termination in violation of public policy, 3. violation of Labor Code section 232.5, 4. hostile work environment sex harassment, 5. failure to prevent harassment and/or discrimination, 6. sex discrimination, 7. violation of California Constitution Article 1, section 8, 8. violation of Labor Code section 270, 9. violation of Labor Code section 208, 10. violation of Labor Code section 203, 11. v...

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: ...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: ...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: ...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: ...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...

Excerpt: ...ed as potentially having testimony relevant to the case. This is certainly the case as to the particular witnesses identified in special interrogatories 4 and 5. Defendant need not provide contact information for all employees in a division merely because there is a speculative chance that they will have some information to offer. Given that defendant has provided some contact information at the time of the opposition, it is unclear to the Court ...

Excerpt: ...ffered a fracture and was admitted to <0015001300140019000f00 00480003005a00440056[ admitted to Kaiser West Los Angeles. Compliant ¶¶ 12-13. On July 19, 2016, Lackey was discharged to another facility for <004f005c00030015001c00 002f00440046004e0048[y was transferred to Beverly West Healthcare. Id. at ¶ 16. She died on August 14, 2016. Id. at ¶ 88. On November 13, 2017, plaintiffs filed a complaint for (1) elder abuse/neglect, (2) negligence/...

Excerpt: ...tal judgment of $108,023.66. Procedural Requirements On April 30, 2018, default was entered against defendants. No pending motion to vacate default appears in the record. The default judgment packet includes a dismissal of Does 1 through 10 on the appropriate Judicial Council form. Plaintiff's counsel signed a declaration of nonmilitary status. The complaint prays for the same amount requested as the principal default judgment amount. Plaintiff r...

Excerpt: ...ation of Civil Code section 1942.4, (3) breach of the warranty of habitability, (4) intentional infliction of emotional distress, (5) negligent maintenance of the premises, (6) violation of 42 U.S.C. section 4258, (7) nuisance, and (8) injunctive relief for abatement of nuisance. On March 1, 2018, plaintiffs filed a notice of settlement of the entire case. On May 9, 2018, plaintiffs filed these two unopposed petitions to approve minors' compromis...

Excerpt: ...age and hour law violations, defamation, and related claims. On November 3, 2017, Edgar, Regdalin Properties LLC, and PLG filed this opposed motion for protective order. These defendants seek a protective order precluding them from having to respond to certain special interrogatories and requests for production. Although these defendants initially sought for the order to apply to hundreds of special interrogatories and requests for production, th...

Excerpt: ...age and hour law violations, defamation, and related claims. On November 3, 2017, Edgar, Regdalin Properties LLC, and PLG filed this opposed motion for protective order. These defendants seek a protective order precluding them from having to respond to certain special interrogatories and requests for production. Although these defendants initially sought for the order to apply to hundreds of special interrogatories and requests for production, th...

Excerpt: ...ure to state whether the contract was written, oral, or implied by conduct. On April 19, 2018, defendants also filed this unopposed motion to strike punitive damages and attorneys' fees. Defendants' counsel filed compliant meet and confer declarations. Ayvazi Decl. (Demurrer) ¶¶ 3-5; Ayvazi Decl. (Motion to Strike) ¶¶ 3-5. On May 29, 2018, plaintiff filed a first amended complaint. So far as the Court can tell, other than omitting allegations...