Excerpt: ...ends AEC's Motion for Summary Judgment should be denied as untimely because it was was filed fewer than 75 days before the hearing date. The summary judgment statute, however, only requires at least 75 days notice before the hearing. Unlike other motions governed by CCP § 1005(b), CCP § 437c is silent as to the date of filing for summary judgment. Here, the Motion for Summary Judgment was personally served on 10/4/19, which was 84 days before t...

Excerpt: ...etheless, on 10/3/19, plaintiffs filed an Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction, seeking the same relief sought in the instant motion. At a hearing on 10/16/19, the Court denied that ex parte application, finding plaintiffs failed to demonstrate a probability of success on the merits or irreparable harm. The instant motion has, nonetheless, remained on calendar. It is not clear whet...

Excerpt: ... is DENIED. As a preliminary matter, One United Bank's requests for judicial notice as to Exhibits J, K, N, and U are GRANTED insofar as the Court takes notice the existence of the documents, but not the truth of the matters asserted therein. (See Evid. Code § 452(d) [court records]; Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) In addition, One United Bank's requests for judicial notice as to Exhibits L, M, O, P, and V are GRANTED, pur...

Excerpt: ...ted with malice for the purpose of punitive damages. As to the first and second grounds, a special demurrer for uncertainty must be “strictly construed” and only sustained where subject pleadings are so ambiguous and so unintelligible that they prevent a party from reasonably responding to the allegations before him or her. (Khoury v. Maly's of Cal., Inc. (1993) 14 Cal.App.4th 612, 616.) Here, the Complaint states that due to Defendant's alle...

Excerpt: ...$57,020.00, as well as retention of $29,541.10.” (Compl. ¶ 25.) The Contract attached as Exhibit A to the Complaint states in Article II that the “Contractors Proposal” is made part of the contract. (Compl. Ex. A at p. C-1.) The “Contractor's Proposal,” which is attached as pages BP-1 through BP-61 of Exhibit A to the Complaint, includes on page BP-4 the Alternative Additive as part of the proposal and lists items A-1, A-2, and A- 10. ...

Excerpt: ... issues at the hearing on such motions:  The parties appear to agree that the Bankruptcy Court's 2/5/16 Order confirming Tayyar's 5th Amended Plan of Reorganization bars all of plaintiff One United's claims in the Complaint (EC060889) except for the late fees and attorney fees sought in the fifth and sixth causes of action for breach of contract. Shall those barred claims be dismissed (1) per stipulation of the parties, (2) upon oral request b...

Excerpt: ...ULED. The FAC sufficiently alleges the terms of a partly oral and written agreement (see FAC ¶¶ 11, 12, 20 & Exs. A,B, C) that is sufficient to withstand demurrer for uncertainty. (See Lande v. Southern Cal. Freight Lines (1949) 85 Cal.App.2d 416, 421 [“A-called partly written and partly oral contract is in legal effect a contract, the terms of which may be proven by both written and oral evidence”].) Indeed, such a demurrer for uncertainty...

Excerpt: ...Azrilyan (“Deanna”), and RX Ingredients, Inc. (“RXI”) in LASC Case No. LC 076314, in the amount of $225,000, which was renewed in May 2016 in the sum of $398,459.40. Plaintiff alleges that defendant Ilana Malaran is the wife or girlfriend of Stanley. The First Amended Complaint (“FAC”) alleges that, in August 2016, defendant 4600 Group acquired title to property in Sherman Oaks from a long-time friend of Stanley and Deanna, who formal...

Excerpt: ...ad been fully briefed. Indeed, plaintiff made the strategic decision simply to oppose the demurrer initially on the ground that BANA's brief was over the page limit set forth in CRC Rule 3.1113(d). Ultimately acknowledging the folly of that position one day before the initially scheduled hearing on the demurrer (see 12/5/19 Coplan Decl.), plaintiff thereafter filed the Supplemental Opposition merely three days before the instant hearing, leaving ...

Excerpt: ...ting an additional five days for service by mail under CCP § 1013(a), the demurrer and motion to strike were due by 8/14/19. Instead, they were filed and served four days late on 8/19/19. Because this was not the initial complaint, the parties were not permitted to stipulate to an extension of time without leave of Court. (See CRC Rule 3.110(d) [“The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time pe...

Excerpt: ... the plaintiff comes forward with conflicting expert evidence.” (Munro v. Regents of University of California (1989) 215 Cal.App.3d 977, 985.) Here, defendant has submitted the declaration of Dr. Ostroff. Dr. Ostroff's declaration adequately establishes his qualifications to testify as an expert. He is a licensed physician with the appropriate education, training, and professional experience, is board certified in general internal medicine and ...

Excerpt: ...d notice of the subject Deed of Trust in September of 2010, thereby rendering plaintiff's filing of this action beyond any applicable statute of limitations. None of the allegations of the operative complaint or judicially noticed documents address or explain how or why plaintiff might avail herself of the discovery rule to delay accrual of her first, second, and third causes of action in order to render any of them timely. In granting the motion...

Excerpt: ...h the parties' motion papers, declarations, and evidence with respect to both motions are largely similar (indeed, identical with respect to plaintiffs' filings), the Court will address each motion separately, as the declarations of Andrew S. Wachtel, M.D. submitted in support of each defendant's motion are tailored to each such motion. I. SUMMARY JUDGMENT MOTION OF DEFENDANT ANAND In support of his motion, Dr. Anand has submitted the declaration...

Excerpt: ...ordered to serve responses to Form Interrogatories, Set Two, and Special Interrogatories, Sets Two and Three, without objection, within 10 days. Plaintiff Anna Geylikman is further ordered to serve responses to Request for Production of Documents, Set Two, without objection, and to permit inspection and copying, within 10 days. Plaintiff Yury Geylikman is ordered to serve responses to Form Interrogatories, Set Two, and Special Interrogatories, Se...

Excerpt: ... for rescission of the agreement. With respect to whether the arbitration agreement at issue is unconscionable, the Court further finds that plaintiff has failed to meet his burden to so establish. Insofar as plaintiff contends the subject Arbitration Agreement is procedurally unconscionable because it arose in the employment context where the parties' bargaining positions were unequal, this fact alone gives rise to only a very low degree of proc...

Excerpt: ...s of defendants being served by mail with the First Amended Complaint, they were instead filed and served seven days late. This is not the initial pleading. Consequently, the parties were not permitted to stipulate to extend the time to respond without a Court order. (See CRC Rule 3.110(d) [“The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the ini...

Excerpt: ...djudication or grant a continuance. (Dee v. Vintage Petroleum, Inc. (2003) 106 Cal.App.4th 30, 34-35; Frazee v. Seely (2002) 95 Cal.App.4th 627, 633; CCP § 437c(h).) Here, the Declaration of David Semelsberger establishes that, since June 2019, plaintiffs have in good faith and with reasonable diligence been requesting the depositions of at least nine defendant-affiliated witnesses, including managing agent Mike Nijjar, but were not able to set ...

Excerpt: ...entation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justi¿able reliance; and (e) resulting damage.'” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 974.) “To withstand a demurrer, the facts constituting every element of fraud must be alleged with particularity, and the claim cannot be salvaged by references to the g...

Excerpt: ...2(f), the notice of the hearing and a copy of the petition for a special needs trust could be delivered to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at least 15 days before the continued hearing on such petition; and (2) in accordance with LASC Rule 4.115(c), the proposed special needs trust could be reviewed by the Probate Department for compliance with LASC Rule 4.116...

Excerpt: ...ach of Plaintiff Skylight's five causes of action is barred by the doctrine of estoppel by contract, as codified by Evidence Code Section 622. (Estate of Wilson (1976) 64 Cal.App.3d 786, 801 [“The conclusive presumption of section 622 is nothing more than the doctrine of ‘estoppel by contract'”].) The parties do not dispute there was a prior unlawful detainer (“UD”) action filed by Zephyr against Skylight. [UMF No. 5, Undisputed]. In th...

Excerpt: ...s are complex and whether the moving party has made a good faith effort to obtain agreement to the consolidation. (See CCP § 403.) In addition, the notice of motion fails to indicate which of the listed parties have appeared in each case, does not set forth the caption of Case No. 18 STCV03139, and makes no showing that the instant motion was filed in the other case – of which are required by California Rules of Court, rule 3.350 (a). As a sub...

Excerpt: ...be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.”) The motion instead seeks a determination only as to liability, without citing any legal basis for obtaining such relief in contravention of the explicit terms of the summary adjudication statute. (Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 241 [“May a plaintiff seek summary adjudicati...

Excerpt: ...rd drives and computers sought, without some limitations or protective order would disclose protected private information of third parties, that these parties have a reasonable expectation of privacy in the subject information, and that the threatened intrusion by wholesale disclosure of hard drives and computers is serious. The parties have failed to suggest to the Court any useful limitation which could sufficiently address the threatened priva...

Excerpt: ...ee CCP 435, 430.40(a).) Plaintiff Juk Ting's First Amended Complaint (“FAC”) was filed on 5/6/19 by fax, electronic mail, and mail. Allowing two additional days for service by fax or email, the demurrer and motion to strike were due by 6/7/19. Even if allowing five days for service by mail, they were due by 6/10/17. The instant demurrer and motion to strike were untimely filed on 6/14/19. No extension to respond to an amended complaint was av...

Excerpt: ...x parte application to extend the time to file their opposition after their opposition was already due, which the Court denied. The sole basis for failing to timely file an opposition to the instant motion was plaintiffs' claim they were awaiting rulings by the Court on objections to declarations plaintiffs submitted in connection with opposing the motion for summary judgment by some other defendants (the Tilles defendants), which was heard on 9/...

Excerpt: ...he second cause of action for dangerous condition of public property. Government Code § 830.6 provides that a public entity, such as the City of Glendale, shall not be liable for “an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity.” In order to avail itself of s...

Excerpt: ...andard of care in this case and that defendants' conduct, to a reasonable degree of medical probability, did not cause or contribute to plaintiff Dee Ann Abelar's alleged injuries. [UMF No. 15, and evidence cited; Barcay Decl. ¶¶ 24- 31]. Plaintiffs fail to dispute defendants' evidence, because the only evidence upon which plaintiffs rely is inadmissible expert testimony. The Court SUSTAINS defendants' evidentiary Objection No. 1 to Plaintiffs'...

Excerpt: ...dant contends plaintiffs cannot establish breach or causation as a matter of law. The Court is not persuaded that the evidence relied upon by defendant in support thereof is susceptible to only one interpretation with respect to these issues, which are ordinarily issues of fact. With respect to breach, moving defendant has failed to provide sufficient evidence of the applicable standard of care by which the Court could determine whether defendant...

Excerpt: ..., despite the fact they were not timely filed and served within thirty days of defendant being served by substituted service with the summons and complaint (i.e, 12/13/18, the tenth day after mailing, per CCP 415.20), namely, by 1/12/19. Rather, they were filed 41 days late, which was beyond any permissible extension to respond without leave of Court. (See CRC Rule 3.110(d) [“The parties may stipulate without leave of court to one 15-day extens...

Excerpt: ...ests for Admissions Nos. 4, 5, and 6, the requests are phrased in the present tense, and the responses respond with respect to what responding party represents is the current status. As to Request No. 8, the response is an unequivocal admission. Plaintiffs' request for monetary, issue, evidentiary, and/or terminating sanctions is DENIED. Request in opposition for monetary sanctions is DENIED. The request for sanctions in the opposition is not sup...

Excerpt: ...ses of action for negligence (see Traveler's Compl. ¶¶ 19-27; Radler's Compl. ¶¶ 17-25), subject to the three-year statute of limitations under CCP § 338(b). The Court does not find, as defendants suggest, that the gravamen of these causes of action is breach of an oral contract subject to a two-year statute of limitations. (See Thomson v. Canyon (2011) 198 Cal.App.4th 594, 606 [“To determine the statute of limitations which applies to a c...

Excerpt: ...ber Legal, PC, despite the fact they appear to have been untimely filed. The Complaint was served by substituted service with follow up mailing on 4/11/19. Service was therefore deemed completed on 4/21/19, the tenth day after mailing. (See CCP 415.20.) Thus, the demurrer and motion to strike were to be filed by no later than 30 days thereafter, i.e., 5/21/19. The demurrer and motion to strike were not filed and served, however, until 5/31/19. I....

Excerpt: ...ties submitted in support thereof and disregarded the remainder as exceeding the mandatory page limitations. (SeeCRC Rules 3.1113(d), (g), 3.1300 (d).) Defendants DSS and Andrade have sufficiently established they owed no duty to plaintiff pursuant to the Privette doctrine. The California Supreme Court has summarized the doctrine as follows: Generally, when employees of independent contractors are injured in the workplace, they cannot sue the par...

Excerpt: ...Demurrer to Plaintiff's First Amended Complaint (“FAC”): Demurrer to the seventh cause of action for intentional infliction of emotional distress and eleventh cause of action for accounting is SUSTAINED WITHOUT LEAVE TO AMEND. The conduct alleged is not extreme and outrageous sufficient to support a claim for intentional infliction of emotional distress. As for the claim for an accounting, there is no amount due and owing from defendant to pl...

Excerpt: ...contends that Plaintiff cannot establish the existence of a dangerous condition, that Plaintiff cannot establish defendant had notice of any dangerous condition, and that Plaintiff cannot establish that the incident was foreseeable. Plaintiff has raised triable issues of material fact with respect to whether the table constituted a dangerous condition that foreseeably caused the subject incident. Specifically, plaintiff's expert, Brad Avrit, subm...

Excerpt: ...to meet their burden to establish that a determination of the issues raised by this action were “final and on the merits” in the prior unlawful detainer action (BC 604193) such that preclusion should apply here. (See Lucido v. Superior Court (1990) 51 Cal.3d 335, 341.) Notably, while plaintiff ultimately lost on appeal in the prior action, the Court of Appeal's reversal of the trial court was based on its finding that the notices were defecti...

Excerpt: ...has as its gravamen protected activity, that is, acts in furtherance of defendant's right to petition in connection with official unlawful detainer proceedings. Notably, at the heart of plaintiff's claim for breach of the covenant of quiet enjoyment is defendants' purported disruption of plaintiff's business by “posting fraudulent notices to PLAINTIFF'S business Premises and to neighboring properties, alleging, inter alia, that PLAINTIFF was be...

Excerpt: ...t Statement, filed 7/17/19, plaintiff gives the following brief statement of the case: THE PLAINTIFF TREATED WITH THE DEFENDANTS FOR INJURIES OR CONDITIONS UNRELATED TO A VEHICULAR ACCIDENT THAT WAS SETTLED. MEDICARE CLAIMED THAT THE DEFENDANTS AND EACH OF THEM INDICATED TO MEDICARE THAT THE TREATMENT RECEIVED BY THE PLAINTIFF WAS RELATED TO THE VEHICULAR ACCIDENT AND AS SUCH MEDICARE PAID THE DEFENDANTS FOR THE REPORTED TREATMENT AND SOUGHT REIM...

Excerpt: ...ssentially concedes they made no effort to meet and confer prior to filing the instant motion, arguing instead that their obligations under the rule were somehow satisfied because “Plaintiff's [sic] counsel was well aware of the motion to strike way back in January 2019.” (Reply at 3.) Such an assertion is curious, if not entirely disingenuous, because the allegations defendants seek to strike are contained in an Amended Complaint filed in Ma...

Excerpt: ...t to the First (Premises Liability) and Second (Negligence) Causes of Actions in the First Amended Complaint because those causes of action are not asserted against TKE. The First and Second Causes of Action are asserted against other named defendants and Does 1 through 50. TKE was added to this matter as DOE 51 by plaintiffs' Amendment to the Complaint (Fictitious/Incorrect Name), filed February 16, 2017. TKE accordingly has no standing to pursu...

Excerpt: ...use of action for Negligence. This Motion is granted without prejudice to plaintiffs amending their pleading to allege emotional distress damages in the fifth cause of action, if plaintiffs find it necessary to do so. Plaintiffs have ten days leave to so amend the fifth cause of action. The Motion as to all other causes of action and on all other grounds is DENIED for the reasons that follow:  Second Cause of Action (Breach of Implied Covenant...

Excerpt: ...timely opposition, which was filed and served four court days late without leave to file an untimely pleading. (See CCP § 1005(b) [opposition papers to a motion are due at least nine court days prior to the hearing].) Such untimeliness is of particular concern because it was e-filed a couple of hours after defendants had filed their reply brief to plaintiff's seeming non-opposition to the demurrer. The Court will nonetheless consider the untimel...

Excerpt: ...a copy or pleading its terms verbatim. (See Miles v. Deutsche Bank Nat'l Tr. Co. (2015) 236 Cal.App.4th 394, 402.) Indeed, for unlawful detainer actions involving commercial properties, there is no requirement that the plaintiff must attach a copy of the lease. (Cf. CCP § 1166(d)(1)(B) [requiring lease to be attached for residential properties].) In accordance with CCP § 1166(a)(3), the Complaint describes the premises with reasonable certainty...

Excerpt: ...uity Loan Trust 2006-H); (2) Countrywide Home Loans, Inc; (3) Bank of America, N.A; and (4) Mortgage Electronic Registration Systems, Inc. (as nominee for Countrywide Bank, N.A.), filed March 1, 2019, is hereby CONTINUED to August 23, 2019, at 8:30 AM. Such motion shall be heard in connection with the previously continued Motion for Summary Judgment or, In the Alternative Summary Adjudication of the Issues for Defendants (1) Bank of New York Mell...

Excerpt: ...'s Motion for Attorney's Fees, Costs, Restitution, and Interest is GRANTED, in part. The Court finds that defendants were the prevailing parties in this unlawful detainer action and that the matter arose out of a written lease agreement with plaintiff that provides the prevailing party shall be entitled to recover actual attorney's fees in connection with the defense of an unlawful detainer action and all litigation-related costs. The Court finds...

Excerpt: ...r regarding sealing to find that: (1) There exist overriding interests that overcome the right of public access to the record, namely, the interest of plaintiff in the privacy of her medical records and financial condition and in complying with a binding agreement that the settlement terms remain confidential; (2) The overriding interests support sealing the records; (3) A substantial probability exists that the overriding interests will be preju...

Excerpt: ...iffs a Notice of Enforcement of Warehouseman's Lien for unpaid storage fees for the subject Media Library, which stated that the Media Library would be sold at public auction on January 16, 2018. (UMF No. 52 [evidence cited therein].) It is also undisputed that, there being no other bids at public auction, PTA made a bid in the amount of $73,673.02 and took title to the Media Library to satisfy its warehouseman's lien. (UMF No. 55 [evidence cited...

Excerpt: ... Issue/Argument and Pages/Lines as Against Plaintiff in its Motion for Summary Judgment, withdrawing the argument that plaintiffs' claim of negligence fails because the opening in the floor where plaintiff Michelle Sutton fell was “open and obvious.” Accordingly, the Court does not address this issue in resolving the instant motion. With respect to meeting its initial burden, Defendant and Cross-defendant Milestone has submitted evidence that...

Excerpt: ...aintiffs Dee Ann Abelar and Brian Abelar, and their counsel of record, jointly and severally, payable within 30 days. (CCP §§ 2030.290(c), 2023.010(d), 2023.030(a), and CRC Rule 3.1030(a).) Defendant Dr. Mora's Motion to Compel Plaintiffs' Responses to Special Interrogatories, Set One is MOOT in light of the service of responses prior to the hearing. Monetary sanctions in the amount of $460 are awarded against plaintiffs Dee Ann Abelar and Bria...

Excerpt: ... submitted deposition testimony from plaintiff indicating that, prior to the filing of the complaint in February 2017, plaintiff was well aware of the identity of Peter Jeiranyan and Peter Jeiranyan's alleged role in working on the 1959 Cadillac Deville at issue in this matter. According to plaintiff's deposition testimony, he has known Peter Jeiranyan since approximately 2001 and has known Peter Jeiranyan's role at Jack's Autobody and Paint is t...

Excerpt: ...l signed copy of the First Amended Complaint by close of business this date, and the First Amended Complaint will be deemed served this date. Plaintiff Ana R. Duarte's Motion to Strike Cross-Complaint of Silverio A. Duarte is GRANTED. The cross-complaint as brought against plaintiff and cross-defendant Ana R. Duarte was not filed before or at the same time as the answer to plaintiff Ana R. Duarte's complaint, namely, on or before January 23, 2019...

Excerpt: ... of action should be dismissed and would not oppose the demurrer on this ground. Consistent with that representation, plaintiff did not oppose the Demurrer as to the eighth cause of action. With respect to defendant Campbell's argument that she should not be held personally liable in place of defendant Studios at Walnut, LLC, the Court finds that the Third Amended Complaint contains sufficient allegations to breach the corporate veil. The pleadin...

Excerpt: ...days of defendant being personally served with the complaint; rather, it was filed eighteen days late. Counsel for defendant is cautioned that in the future the Court may refuse to consider pleadings not filed in conformity with the statutes, rules, and procedures governing this litigation. The Court in its discretion has also reluctantly considered the untimely opposition, filed and served one court day late. Counsel for plaintiff concedes the p...

Excerpt: ...800 440046004b0003> of contract is uncertain and does not specify the type of contract at issue, whether written or oral, because the First Amended Complaint (“FAC”) only alleges plaintiff “entered into an oral/written Contract” with defendant. (FAC ¶ 27). While that may be grounds to demurrer (cf. CCP § 430.10), it is not an enumerated ground for bringing a motion for judgment on the pleadings (cf. CCP § 438). Defendant also argues th...

Excerpt: ...LES, in part, the Demurrer as follows: The Demurrer is SUSTAINED as follows:  First Cause of Action – Fraud. The Demurrer is sustained, with leave to amend, on the ground the cause of action is not alleged with sufficient specificity as to each defendant. (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73 [plaintiff must allege specifically how, what, where, to whom and by what means a defendant made a misrepresentation]; see also Lazar v. ...

Excerpt: ...ved by mail with the First Amended Complaint (“FAC”). The demurrer was filed and served 18 days late. Counsel for defendants is cautioned that in the future the court may refuse to consider pleadings not filed in conformity with the statutes, rules and procedures governing this litigation. Defendants West Coast Servicing, Inc., West Coast Realty 401K Plan, and Zieve, Brodnax & Steele, LLP's Demurrer to Plaintiff's First Amended Complaint is S...

Excerpt: ...or deposition and to give testimony on April ____, 2019, at 10:00 a.m., at 400 S. Hope Street, Suite 720, Los Angeles, California 90071. Monetary sanctions in the amount of $2,882 are awarded against plaintiff and plaintiff's attorneys of record, jointly and severally, payable within 30 days. (CCP §§ 2025.450(g), 2023.010(d) and 2023.030(a).) Monetary sanctions sought in the opposition are DENIED. II. MOTION TO QUASH SUBPOENAS Plaintiff Julio P...

Excerpt: ...usive remedy for plaintiff Babineaux, where, as here, plaintiff alleges she was an employee of the defendants and her causes of action for breach of contract and negligence arise from injuries she purportedly sustained in the workplace. (Labor Code § 3601(1).) Section 3602(b) of the Labor Code provides an exception where “the employee's injury is aggravated by the employer's fraudulent concealment of the existence of the injury and its connect...

Excerpt: ...presentation by counsel for defendant that original verifications were served on counsel for plaintiff at the February 1, 2019 hearing in this matter. (Brown Further Decl. ¶ 7.) The Motion is GRANTED with respect to the original signatures of counsel. Defendant Pat's Liquor, Inc. is ordered to serve the required original signatures of counsel within five days. Notwithstanding the amount of paper generated by the parties in connection with the mo...

Excerpt: ...re the December 11, 2018 date set for the trial of the action. (CCP § 2024.020.) Indeed, it would be an abuse of this Court's discretion to entertain such a motion without first hearing and granting a proper motion for leave to reopen discovery pursuant to CCP § 2024.050. (Pelton-Shepard Indus, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1587- 1588.) Monetary sanctions requested by moving party are DENIED. The Motion of ...

Excerpt: ...spection, and to pay monetary sanctions. Defendant has also by her inaction permitted Requests for Admissions to be deemed admitted, which appear dispositive with respect to defendant's tort liability. Defendant has also failed to respond to several orders to show cause in this matter, and by her inaction her cross-complaint has been dismissed. Defendant has also failed to file timely written oppositions to the prior motions or this motion. Such ...

Excerpt: ...ch that this Court may entertain a motion to vacate under CCP § 1285. (Hightower v. Superior Court (2001) 86 Cal.App.4th 1415, 1434 [“What is mandated by statutory and case law is that the arbitrator decide all of the submitted issues and that such decision, once rendered may be subject to judicial review . . . .”]; see also Judge v. Nijjar Realty, Inc. (2014) 232 Cal.App.4th 619, 634 n.12 [noting it “highly unlikely” the trial court had...

Excerpt: ...ne, and Special Interrogatories, Set One, without objection, within 10 days. The court requires separate and complete responses to this discovery; responses to a co-defendant's discovery request will not suffice. Defendants Simi Valley Hospital's and Adventist Health System/West's Motion for an Order Compelling Plaintiff Dee Ann Abelar's Responses to Request for Production of Documents, Set One, is GRANTED. Plaintiff Dee Ann Abelar is ordered to ...

Excerpt: ...propounding party has not met her burden of justifying the number of admissions propounded. The declaration (Reyes Supp. Decl. Ex K [Decl. of Moussa A. Helo, Esq.]) upon which plaintiff relies to justify such excessive discovery is wholly conclusory regarding the reasons therefor and falls short of providing justification for why the complexity or quantity of issues in the instant case warrant the requests. The court has already ordered that 35 r...

Excerpt: ...im from liability for his installation of the floor-based, projection screen in the Tracey's living room. Sanchez v. Swinerton & Walberg Co. (1996) 47 Cal.App.4th 1461, discusses and recounts the application of this doctrine by various courts over time, helpfully summarizing the doctrine and its underlying rationale as follows: [A]s a general rule, after a contractor had completed [work] and the owner had accepted it, the contractor was not liabl...

Excerpt: ...New Trial and/or Modify Decision pursuant to CCP §§ 657, 662. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 859 [“A motion for a new trial is appropriate following an order granting summary judgment. [Citations omitted] This is so, even though, strictly speaking, summary judgment is a determination that there shall be no trial at all”].) For the reasons that follow, Plaintiff's motion is hereby DENIED. As is set forth in the Cou...

Excerpt: ...ssing each material fact raised in the moving papers. Pursuant to CCP § 437c(b), the motion is granted. As a substantive matter, plaintiff has provided undisputed evidence establishing each element of its cause of action for breach of contract. The Court finds there is no triable issue as to any material fact and that plaintiff is entitled to judgment as a matter of law in the amount of $91,700.54. Within 10 days, plaintiff shall submit a Propos...

Excerpt: ...actions. Eddie Avakian, a defendant in both actions and a cross-complainant in case EC 065055, joins in the motion to consolidate. Summit Brdige National Investments IV LLC, the plaintiff in both actions and a cross-defendant in EC <004900030057004b004800 004f004800560003004c[n both actions and the parties' respective pleadings on the motion to consolidate, the Court concludes that the actions involve common questions of law and fact, particularl...

Excerpt: ...actions. Eddie Avakian, a defendant in both actions and a cross-complainant in case EC 065055, joins in the motion to consolidate. Summit Brdige National Investments IV LLC, the plaintiff in both actions and a cross-defendant in EC <004900030057004b004800 004f004800560003004c[n both actions and the parties' respective pleadings on the motion to consolidate, the Court concludes that the actions involve common questions of law and fact, particularl...

Excerpt: ...e all the named defendants, including individual defendants, while, at the same time, apparently using that defined term (“Employer”) to refer to a subset of the named defendants in various places throughout the Complaint.  Demurrer to the second cause of action for sexual harassment under Civil Code section 51.9 is SUSTAINED WITH LEAVE TO AMEND on the ground the allegations do not include allegations required to establish a business or pr...