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: ...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: ...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: ...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: ... “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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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...