Excerpt: ...E. I. Trial Preference Plaintiffs Mojarro, et al. moves for a trial preference pursuant to CCP § 36(b). A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference ov...

Excerpt: ...Motor Company (Defendant). A jury trial was initially set for November 18, 2019. On November 14, 2019, per Plaintiffs' request, the court continued the trial date to February 19, 2020. The court, however, denied the request to extend discovery. On February 19, 2020, per the Joint Stipulation and Order of the parties, the court continued the trial date and all deadlines related to the trial, including discovery related deadlines and expert discove...

Excerpt: ...notice. Michael Anthony Rivera (“Rivera”) was admitted to the practice of law in the State of California on December 7, 1988 and maintained his principal office for the practice of law in the County of Los Angeles from February 22, 1991 to August 6, 2018. Rivera died on August 6, 2018, leaving open client matters. On October 30, 2018, the State Bar of California (“State Bar”) filed a petition and verified application for assumption of jur...

Excerpt: .../Chase”) and Roger Ketelsleger (“Ketelsleger”) demur to the 1 st (breach of oral contract) cause of action in Plaintiff Doug Graven's (“Plaintiff”) first amended complaint. Defendants argue Plaintiff failed to allege sufficient facts to constitute the cause of action. Procedural History On January 22, 2019, Plaintiff filed a complaint against Defendants. On May 16, 2019, Plaintiff filed a first amended complaint against Defendants, asse...

Excerpt: ...f the depositions, which shall take place no later than 15 days from the date of this hearing. The date may be extended by agreement of the parties. Service of a proper deposition notice obligates a party to attend and testify. If such party fails to appear, such appearance may be compelled and monetary sanctions may be imposed. (CCP §2025.450.) Here, Plaintiffs have submitted evidence to show that the deposition of Defendant LTC INVESTORS D- BW...

Excerpt: ...y to give notice. Motion for Summary Judgment No Opposition filed as of November 19, 2019. The Court is in receipt of Plaintiff's Notice of Non-Opposition to Defendant SHYAM DAHIYA, M.D.'s Motion for Summary Judgment. This action for medical malpractice was filed by Plaintiff on April 2, 2018. Defendant DAHIYA (“Defendant”) moves for summary judgment pursuant to CCP §437c. “[I]n any medical malpractice action, the plaintiff must establish:...

Excerpt: ...ion, or alternatively to stay the action under a plea in abatement and estoppel. California courts have broad discretion to stay their own proceedings in favor of a previously-filed action involving the same subject matter. (See Caiafa Prof. Law Corp., 15 Cal.App.4th at 804; Century Indemnity Co. v. Bank of America, 58 Cal.App.4th at 411.) In exercising its discretion, the Court should consider (1) the importance of avoiding unseemly conflicts wi...

Excerpt: ...ely “Defendants”) move for summary judgment pursuant to CCP 437c. Plaintiff's evidentiary objections are OVERRULED. A defendant moving for summary judgment/adjudication has met its burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP 437c(p)(2).) On 12/28/17, Plaintiff filed her complaint, alleging causes of action for Negligence and Negl...

Excerpt: ...rt and DENIED in part. Costs are allowable to Defendants ARTURO DON DIEGO; CARLOS DON DIEGO; IGNACIO DON DIEGO DIAZ; IGNACIO DON DIEGO HRENANDEZ; SMARK COMPANY and SMARK CHEMICALS in the amount of $20,743.98. Moving Party(s) to give Notice. Motion for Determination of Good Faith Settlement No Opposition filed as of November 5, 2019. In determining the good faith of a settlement, the Court must balance the public policy favoring settlements with t...

Excerpt: ...he following facts: On or about July 25, 2013, Plaintiff entered into two agreements with Defendants. The first agreement was a written Investment Subscription Agreement (“Subscription Agreement”) to purchase 100,000 shares of Hillhurst Worldwide Investment, Inc. (“Hillhurst”) for $620,000.00 (SAC ¶12, Ex. A.) The second agreement was a written Investment Agreement (“Investment Agreement”) to purchase 10% shares of Hillhurst for $620...

Excerpt: ...5 hrs. x $250/hr.) ($81.65 filing fee) within 30 days of the date of this hearing. When a motion to expunge lis pendens is filed, the burden is on the opposing party to show that the complaint contains allegations of a real-property claim, and to evidence the probable validity of the claim based on a preponderance of evidence. (CCP §§405.32m 405.31; Kirkeby v. Sup. Ct. (2004) 33 Cal.4th 642, 648.) The decision regarding the likelihood that a pl...

Excerpt: ...RIO VAZQUEZ (solely for the purpose of arbitration issues). Briarcrest's request for a continuance was granted, and the parties were given a supplemental briefing schedule. As of October 21, 2019, no supplemental briefs have been filed/lodged with the Court. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the contr...

Excerpt: ...th v. Asiatic Transpacific, Inc. (1979) 93 Cal.App.3d 849, 856; McCellan v. Northridge Park Townhomes Owners Ass'n, Inc. (2001) 89 Cal.App.4 th 746; Wolf Metals Inc. v. Rand Pacific Sales, Inc. (2016) 4 Cal.App.5 th 698, 709.) CCP §187 confers such authority on the courts. The general rule is that a court may amend its judgment at any time so that the judgment will properly designate the real defendants. (Dow Jones Co., Inc. v. Avenal (1984) 151...

Excerpt: ...ns per CCP 128.5 and 177.5. “(a) A trial court may order a party, the party's attorney, or both, to pay the reaso nable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to caus e unnecessary delay…. (f) Sanctions ordered pursuant to this section shall be or dered pursuant to the following conditions and procedures: (1) If, after notice an...

Excerpt: ...ss alleges that Defendant failed to pay his credit card obligations. The Complaint asserts two causes of action for: 1. Open Book Account 2. Account Stated The elements for a cause of action for OPEN BOOK ACCOUNT are: 1) Detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation; 2) shows the debits and credits in connection therewith, ...

Excerpt: ...g Party to give NOTICE. Defendants Pocus Systems, Inc. (“Pocus”) and Solstap Ecom Inc. (“Solstap”) move for an undertaking pursuant to CCP § 1030. (a) When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which ...

Excerpt: ...rt has reviewed the meet and confer correspondence efforts between the parties and finds that the meet and confer requirement(s) have been satisfied. Plaintiff's Motion for Terminating Sanctions This action was filed by Plaintiff KRYSTAL TAYLOR against Defendants ULTA, INC. (“Ulta, Inc.”) and ULTA SALON, COSMETICS & FRAGRANCE, INC. (“Ulta Salon”) on November 21, 2018. Plaintiff alleges that she sustained injuries during an eyebrow wax tre...

Excerpt: ... operative complaint is the First Amended Complaint. Plaintiff Yrigollen alleges that Defendant Jesus Cruz converted his garage for residential use without the proper building permits. Cruz leased the converted garage to Plaintiff, and Plaintiff now seeks reimbursement of her rent and security deposits since the premises was untenantable. The FAC asserts causes of action for: 1. Breach of Contract (v. all Defendants) 2. Breach of Implied Covenant...

Excerpt: ...0, for damages based on allegations that Defendants failed to properly maintain their premises located at 11720 Greenstone Avenue, Sante Fe Springs, CA, and as a result, when Plaintiff Torres was on said premises as a construction worker, a roof he was standing on collapsed which caused him to fall from the second floor to the first floor. In the complaint, Plaintiffs assert a cause of action for negligence and Plaintiff Sanchez asserts a cause o...

Excerpt: ...iary Duty and Elder Abuse, was filed by Plaintiff Rick Trevino (“Rick”) on 12/21/18. Rick alleges that he is 80 years old, and a shareholder and Director of Casa Garcia. Stacy Trevino (“Stacy”) is the Chief Financial Officer and shareholder of Casa Garcia. Nicole Trevino (“Nicole”) is the Chief Operating Officer and purported shareholder of Casa Garcia. On or about February 2018 or earlier, Stacy began taking the cash receipts from Ca...

Excerpt: ...d with all of the following: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP 512.030.) The proof of service shows that Defendant was served with the summons, complaint, Notice, and Application for Writ of Possession on 7/10/19. MERITS: Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of posse...

Excerpt: ...Quiet Title action was filed by Laurie Uesugi on 3/13/17, asserting causes of action for: 1. Quiet Title 2. Fraud 3. Breach of Contract 4. Declaratory Relief 5. Constructive Trust 6. Accounting Ruth Ohlson filed a Cross-Complaint on 5/16/17, and subsequently a First Amended Cross-Complaint (“FAXC”) on 4/22/19 against Kenji, Laurie, George, and Hideko Uesugi, asserting causes of action for: 1. Breach of Oral Contract (Whittier home) 2. Breach ...

Excerpt: ...is uncertain. This unlawful detainer action was filed by Plaintiff Laskey Blonstein Properties, LLC on 5/23/19. The Complaint asserts a single cause of action for Unlawful Detainer. UNCERTAINTY Demurrer on grounds of uncertainty will not be sustained unless the complaint is so bad that the defendant cannot reasonably respond. (Koury v. Maly's of California (1993) 14 Cal.App.4th 612, 616.) The court finds the Complaint is not so uncertain that Def...

Excerpt: ...ool District”) moves for an order permitting the taking of an audio or video deposition of prisoner Mary Jahn pursuant to CCP 2025.340 and 2025.620 and Pen. Code 2623. CCP § 2025.010 provides that "[a]ny party may obtain discovery ... by taking in California the oral deposition of any person.” CCP § 2025.340 specifically allows for recording a deposition by means of audio or video technology, and for the recording to be introduced at tr...

Excerpt: ...'s exhibits. Plaintiff alleges that on 12/15/15, Plaintiff and Defendant orally agreed to purchase the property from Plaintiff's former spouse; Defendant would pay the mortgage; Plaintiff would pay household expenses and improvements; and the parties would marry and Defendant would convey the property to Plaintiff following marriage. (Complaint, ¶ 9.) In November 2017, Plaintiff and Defendant ended their relationship, and Defendant refused to co...