Excerpt: ...et and confer declarations in substantial compliance with CCP §2016.040. “On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A state of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3)...

Excerpt: ... personal injury action was filed by Plaintiff KIMBERLY BATTAGLIA on February 7, 2019. On December 4, 2020, a Second Amended Complaint (“SAC”) was filed. The SAC alleges, in pertinent part, “GOLDEN initiated the sexual relationship with Plaintiff. GOLDEN did not disclose to Plaintiff that he was not permitted to engage in a sexual relationship with her and act as her medical provider. GOLDEN continued to treat Plaintiff for years while main...

Excerpt: ...e. No Oppositions filed as of August 3, 2021. This action for contractual fraud was filed by Plaintiff WILLIAM EDWARD SCOTTEN (“Plaintiff”) on August 6, 2020. Plaintiff's Form Complaint asserts the following causes of action: (1) Breach of Contract; and (2) Fraud. The relevant facts, as alleged, are as follows: “Defendant breached the agreement by…failure to provide Uninsured Motorist coverage for Plaintiff[.] 2. Failure to arbitrate Unin...

Excerpt: ...ss Petitioner's Appeal on the ground that the court lacks jurisdiction to review an invalid appeal. Procedural History On 12/15/18, the Labor Commissioner issued its findings in Case No. 35-CM- 365556-17. On 1/16/19, Petitioners filed a “Notice of Appeal” of the Order of the Labor Commissioner “pursuant to Labor Code Section 98.2.” On 2/8/19, Petitioners filed a Petition for Writ of Mandate and Stay of Administrative Proceedings. On 7/5/1...

Excerpt: ...pplies for a writs of attachment in the sums of $39,930.48 against Defendants Jeylim Investments, LLC and Jeylim Rios. At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of the following: 1. The claim upon which the attachment is...

Excerpt: ...pond or to submit to an authorized method of discovery” and “(g) Disobeying a court order to provide discovery.” CCP §2023.030 provides, in part: “To the extent authorized by this chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, may impose the [sanctions] against anyone engaging in conduct that is a misuse of the discovery process, including monetary an...

Excerpt: ..., including proper notice to the client at the last known residence or business address of the client. C.R.C. 3.1362. Here, Counsel's declarations indicate that “[a] breakdown in attorney-client communications has occurred….” Where the issue (or conflict) is between the lawyer and client, without implicating other parties, the court can rely on counsel's sworn declaration absent any reason to doubt the representations. There is an undispute...

Excerpt: ...ra Luna Management, LLC, PCCP IRG Downey, LLP, and IRG Downey, LLP's motion for issue and evidentiary sanctions is OFF-CALENDAR. Defendants' Notice to Withdraw Motion for Issue and Evidentiary Sanctions for Failure to Cooperate with the Court's Order Compelling the Deposition of Security Protection Services, Inc.'s Chief Robert Edwards was FILED on May 17, 2021. Moving Parties to give Notice. Motion to Compel Further Defendants Alberta Tierra Lun...

Excerpt: ... discovery. Plaintiff filed a Motion to Compel Further Discovery Responses. The case settled before the Motion to Compel Further was heard. No law and motion hearings occurred prior to settlement. Cal. Civ. Code §1794(d) states, “[i]f the buyer prevails in an action under [the Song Beverly Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorn...

Excerpt: ...tricken. The motion is DENIED as to the 13 th cause of action. II. Individual Defendants De La Riva, Mendez, and Perez's demurrer is MOOT as to the 4 th, 5 th, 8 th, 10 th – 12 th, and 15 th causes of action, and SUSTAINED with 10 days leave to amend as to the 6 th and 9th causes of action, and OVERRULED as to the 2 nd – 3 rd, and 13 th causes of action. Entity Defendant City of Maywood's demurrer is SUSTAINED with 10 days leave to amend as t...

Excerpt: ...ons of Plaintiff's First Amended Complaint is MOOT in part, DENIED in part, and GRANTED with 20 days leave to amend in part. Opposing Party to give Notice. This action for wrongful foreclosure was filed by Plaintiff ANTHONY THOMAS, JR. (“Plaintiff”) on June 29, 2020. On October 29, 2020, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part, “From around 2017, defendants HOA and API have been managi...

Excerpt: ...s deposition transcripts. Additional evidence submitted for the first time in Reply papers will normally be allowed only in exceptional circumstances. (Plenger v. Alza Corp. (1992) 11 Cal.App.4th 349, 362, fn. 8.) In its discretion, the Court will not consider the new evidence submitted by Defendants in their Reply brief where doing so would result in a deprivation of Plaintiff's right to due process. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522,...

Excerpt: ...deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.” (CCP §2025.480.) Plaintiffs move to compel Barry Weiss (principal of Defendant LTC INVESTORS D-BW, LLC) to respond to the following deposition questions (as summarized by Defendant): (1) If Downey paid an owner's draw in 2018, for example, that draw would be p...

Excerpt: ... a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2031.310(b).) Plaintiff alleges that his 2017 Honda Civic vehicle suffers from various defects, including the Infotainment System Defect; that Defendant has been unab...

Excerpt: ...ty J.J. Little Co., Inc. (“JJ Little”) to: (1) produce Alex Rodriguez and Dimas Rodriguez, persons identified by JJ Little as the persons most qualified to testify regarding the categories listed in the deposition subpoena on behalf of JJ Little to appear for deposition; and (2) for production of documents identified in the deposition subpoena in their original electronically stored format. Plaintiff maintains that Alex and Dimas Rodriguez ar...

Excerpt: ...n attached, Plaintiff's Form Complaint seemingly asserts the following causes of action: (1) Breach of Contract; (2) Common Counts; and (3) Tax Evasion/Fraud. Plaintiff fails to allege any facts in support of these causes of action. Defendant generally and specially demurs to the entire Complaint. As to the Entire Complaint – Uncertainty Defendant argues that Plaintiff's claims are fatally uncertain. This argument is well-taken. “A special de...

Excerpt: ... Warehouses, Inc., within 30 days. Moving Parties to give NOTICE. Plaintiffs Garcia and Villasenor move to set aside the dismissal filed on 9/9/20 pursuant to CCP § 473(b). The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this reli...

Excerpt: ...ter being notified of a claim of privilege or of protection under subdivision (a), a party that received the information shall immediately sequester the information and either return the specified information and any copies that may exist or present the information to the court conditionally under seal for a determination of the claim… (d)(1) If the receiving party contests the legitimacy of a claim of privilege or protection, he or she may see...

Excerpt: ...ntained therein shall remain. II. Individual Defendants De La Riva, Mendez, and Perez's demurrer is MOOT as to the 4 th, 5 th, 8 th, 10 th – 12 th, and 15 th causes of action, and SUSTAINED with 10 days leave to amend as to the 6 th and 9th causes of action, and OVERRULED as to the 2 nd – 3 rd, and 13 th causes of action. Entity Defendant City of Maywood's demurrer is SUSTAINED with 10 days leave to amend as to the 2 nd , 4 th – 6 th, 8 th,...

Excerpt: ...ies shall meet and confer to determine the date, time, and location of the depositions, which shall take place no later than 30 days from the date of the Court's issuance of this Order. The date may be extended by agreement of the parties. A party may obtain discovery by taking oral depositions. (CCP §2025.010.) CCP §2025.450, which governs motions to compel deposition, provides that “[i]f, after service of a deposition notice, a party to the...

Excerpt: ...tories (set one) is GRANTED. CCP §2030.290. III. Plaintiff's unopposed Motion to Compel Plaintiff Defendant INVIGORATE HEALTHCARE, INC.'s responses to Special Interrogatories (set one) is GRANTED. CCP §2030.290. IV. Plaintiff's unopposed Motion to Compel Plaintiff Defendant BRANDON BIGELOW's responses to Special Interrogatories (set one) is GRANTED. CCP §2030.290. Moving Party to give Notice. No Opposition(s) filed by February 1, 2021. Due by ...

Excerpt: ...der as set forth in Plaintiff's Motion, seek the following documents:  No. 12. Every student file and/or cumulative file of PERPETRATOR JOHN DOE while a student in the NUSD.  No. 19. Any and ALL DOCUMENTS RELATING TO any warnings, reprimands, or discipline given to student PERPETRATOR JOHN DOE while a student in the NUSD. (Plaintiff will accept redacted copies of said DOCUMENTS to protect the privacy of individuals who are not a party to th...

Excerpt: ...as follows: “Between the years 2007 and 2018, Pep Boys had an ongoing business relationship with [Defendant CUSTOM LEATHERCRAFT MFG. LLC] (“CLC”) whereby Pep Boys ordered certain products manufactured by CLC for resale at Pep Boys' retail locations as well as its online store.” (Complaint ¶8.) “At the time their business relationship ended in February 2018, CLC had 18 outstanding invoices totaling $12,566.71 with Pep Boys. This outstan...

Excerpt: ...e relevant facts, as alleged in the Complaint, are as follows: “Defendants…retained plaintiff to represent them in a civil action entitled Trommald v. Saputo et al VC 051582, for which defendants and each of them agreed to pay plaintiff. Thereafter on or about March 2008, defendants Saputo/Martin and Does 1 to 5 retained plaintiff for services in case no. VP011561 and then on or about 01/04/2011, defendants retained plaintiff for services in ...

Excerpt: ...Portions of Cross-Complainant/Cross-Defendant R-3 CONTRACTORS, INC.'s Cross-Complaint is MOOT. III. Defendant/Cross-Complainant/Cross-Defendants HANES COMPANIES, INC.'s Demurrer to Cross- Complainant/Cross-Defendant MCCARTHY BUILDING COMPANIES, INC.'s Cross-Complaint is SUSTAINED with 30 days leave to amend. IV. Defendant/Cross-Complainant/Cross-Defendants HANES COMPANIES, INC.'s Motion to Strike Portions of Cross-Complainant/Cross-Defendant MCCA...