Excerpt: ...compel the custodian of records of 1211 E. Washington Owner LLC (“1211”) to produce documents requested in the deposition subpoena issued on December 7, 2021. (Echegaray Decl. ¶ 2 & Ex. A.) Pursuant to CCP § 2025.480(b), a motion seeking to compel a deponent to produce documents specified in a deposition subpoena must be accompanied by a meet and confer declaration. (CCP § 2025.480(b).) The declaration in support of the moving papers does ...

Excerpt: ...e Demurrer and Motion to Strike, i.e., less than one day before the scheduled hearing in this matter. (See CCP 1005(b) [reply papers shall be filed with the court at least five court days before the hearing.) Accordingly, the Court in its discretion does not consider these late-filed reply briefs. (See Cal. Rule of Ct., rules 3.1300(d).) I. DEMURRER TO COMPLAINT With respect to defendant Gateways Hospital and Mental Health Center demurrer to the ...

Excerpt: ...urt from addressing the demurrer on the merits. (Johnson v. Sun Realty Co. (1934) 138 Cal.App. 296, 299 [noncompliance with court rules “to which no penalty was attached, did not prevent the court from hearing and disposing of the demurrer”].) Further, a determination that the meet and confer was insufficient is not a basis t overrule or sustain a demurer. (CCP § 430.41(a)(4).) A. First Cause of Action: Breach of Contract – Lease Agreement...

Excerpt: ... Motor Cars, LLC's Motion to Compel Further Responses to Special Interrogatories, Set Two is DENIED. I. DEFENDANT HOLLYWOOD MOTOR CARS, LLC'S MOTION TO COMPEL FURTHER RESPONSE TO SPECIAL INTERROGATORIES, SET TWO Defendant Hollywood Motor Cars, LLC moves to compel a further response from plaintiff Universal Underwriters Insurance Company to Special Interrogatories, Set Two, No. 28. The Court finds that this motion (as well as plaintiff's motion di...

Excerpt: ...s set forth in Health and Safety Code § 25249.7(b)(2). In a supplemental declaration, counsel for plaintiff indicates that 2,700 units of the offending product were sold during the statutory period. (Supp. Dubey Decl. ¶ 6.) Based on the sales of the product, combined with counsel for plaintiff's averment that a single use of the cosmetic bags violates the same harbor levels for DEHP (Dubey Decl. ¶ 4), the Court finds that a $8,000 penalty appe...

Excerpt: ...es of The Hughes Shulman Family Trust are GRANTED as to Exhibits 1 through 3. Plaintiff Living the Dream does not dispute that the unredacted documents attached to defendants' request for judicial notice are the subject of the first and second causes of action. A “pleader should not be allowed to bypass a demurrer by suppressing facts which the court will judicially notice.” (Legg v. Mutual Ben. Health and Acc. Ass'n (1960) 184 Cal.App.2d 482...

Excerpt: ....App.4th 27, 42-43.) As a self-represented litigant, plaintiff is held to the same standards as an attorney before this Court. (Kobayashi v. Superior Court (2009) 175 Cal.App.4th 536, 543.) Nevertheless, the Court evaluates the demurrer on its merits. I. FIRST CAUSE OF ACTION: FRAUD “The well-known elements of a cause of action for fraud are: (1) a misrepresentation, which includes a concealment or nondisclosure; (2) knowledge of the falsity of...

Excerpt: ...; Special Interrogatories, Set One; and Requests for Production of Documents, Set One is GRANTED IN PART. As a preliminary matter, plaintiff did not file a separate motion and pay a separate filing fee for each of the three discovery sets. The filing fee required by Government Code § 70617(a)(4) concerning discovery motions applies “separately to each motion or other paper filed,” “[r]egardless of whether each motion or matter is heard at ...

Excerpt: ...order compelling responses to discovery. On February 8, 2022, the Court granted defendants' motion to compel responses to interrogatories and motion to compel responses to requests for production. (Diamond Decl. ¶ 11.) Plaintiff did not file any opposition to the motions or even appear at the hearing. (Diamond Decl. ¶ 10.) The Court ordered plaintiff to serve written verified responses, without objection, to Form Interrogatories-General, Set On...

Excerpt: .... and American Medical Response of Southern California's Consolidated Motion to Deem Requests for Admission as Admitted is DENIED. I. PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES Plaintiff moves to compel further responses from defendant American Medical Response Ambulance Service, Inc. (“AMRAS”) to Special Interrogatories, Set One, Nos. 2, 3, 8, 15, and 16. As background, on April 19, 2022, the Court granted plai...

Excerpt: ...is GRANTED. Plaintiff Rosemary Ramos' UNOPPOSED Motion to Compel Defendant Josie Williams to Provide Further Responses to Form Interrogatories-General, Set One is GRANTED. Plaintiff Rosemary Ramos' UNOPPOSED Motion to Compel Defendant Josie Williams to Provide Further Responses to Form Interrogatories-Employment, Set One is GRANTED. I. MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT HUMAN SERVICES ASSOCIATION TO REQUEST FOR PRODUCTION OF DOCUME...

Excerpt: ...rties agree that plaintiff Jonathan Roger Ma was a prevailing party in the action and is allowed under Civil Code § 1794 (d) to recover as part of the judgment a sum to cover attorney fees based on actual time expended and costs, and determined by the Court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of this action. The Court finds that the hourly rates of charged by counsel for plaintiff in ...

Excerpt: ...sion N95 Holdings, LLC's Motion to Compel Further Responses to Form Interrogatories-General, Set One is DENIED. Defendants John Rigas and Mission N95 Holdings, LLC's Motion to Compel Further Responses to Requests for Admission, Set One is DENIED. I. PLAINTIFFS UW INTERNATIONAL CORP., CROWN ESTATE HOLDING, LLC, AND JAY HOOPER'S MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS Plaintiffs UW International Corp., Crown Estate Holding, LLC, and Jay Hooper ...

Excerpt: ... Group, LLC (“MAPG”) moves to compel the attendance and testimony of defendants Terrance Howard, Mira Howard, and Universal Bridges, Inc. (“UBI”) at deposition. CCP §§ 2019.010(a) and 2019.030(a) requires the Court to restrict the frequency or extent of oral depositions if it determines that the oral depositions sought are “unreasonably cumulative or duplicative.” The Court finds that the requested oral depositions are unreasonably ...

Excerpt: ...Sharon Mersiovsky, and for Responses and Documents for Request for Production, Set Two is GRANTED IN PART, but subject to payment of additional filing fees, as set forth below. Defendants The Brink's Company; Brink's, Incorporated; and Julian Moreira's request to take judicial notice of the declaration of Sharon Mersiovsky in support of the Motion to Compel Arbitration is GRANTED, but only for the existence of the document, not the truth of the m...

Excerpt: ...arty or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just.”]; CCP § 418.10(a)(2) [“A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of ...

Excerpt: ...Requests for Production, Set One. Plaintiff asserted the attorney-client privilege and attorney work product doctrine for each of defendant's 121 requests for production. (Walker Motion Decl. ¶¶ 2, 3 & Ex. A.) For certain requests, plaintiff also stated that he would produce “non-privileged responsive documents.” Plaintiff argues that defendant was repeatedly informed that no documents were withheld based on privilege. (Mtn. at 2:25-26.) Ev...

Excerpt: ...entered against them. Defaults were entered against both cross-defendants on December 10, 2021. With respect to cross-defendant Pugh, the proof of service of summons filed on October 25, 2021 indicates that on October 17, 2021 at 2422 West 78 th Street in Inglewood, Pugh was served the summons and Cross-Complaint by substitute service on Everlyn Pugh, cross-defendant Pugh's mother. Pugh maintains that he does not live with his mother. (Pugh Decl....

Excerpt: ...02 Update of the California Division of Labor Standards Enforcement is GRANTED. (Church v. Jamison (2006) 143 Cal.App.4th 1568, 1579, fn. 19.) As a preliminary manner, defendant contends that this Court conducts informal discovery conferences (“IDCs”). (Opp. at 7:26-28 [“Plaintiff's counsel agreed to an informal discovery conference . . . to discuss these requests with the Court. Plaintiff's counsel reneged on that agreement, contending tha...

Excerpt: .... RG19001677 is DENIED as irrelevant. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063 [“Although a court may judicially notice a variety of matters (Evid. Code, § 450 et seq.), only relevant material may be noticed”].) Plaintiff Solomon Aflalo seeks further responses to Special Interrogatories, Set One, Nos. 69-74. After the motion was filed, the parties continued to meet and confer. (Ferguson Decl. ¶ 2 & Ex. A.) In the re...

Excerpt: ...¶ 2, 5 & Ex. 1.) Plaintiff moves to compel BNSK's compliance with the subpoena, which directed BNSK to produce or do the following: All drafts of settlement agreement with Ascot, and the final signed copy of the settlement agreement with Ascot. All e-mails, letters, notices, or any other communication between Ethan Brown and any representative or lawyer for Ascot. Produce all communications (including e-mails, text messages, or messages from any...

Excerpt: ...ry matter, a motion to compel answers at deposition requires a separate statement. (Rule of Court 3.1345(a)(4).) Although CHP did not set forth the factual and legal reason for compelling further answers in the separate statement, as required by Rule of Court 3.1345(c)(4), the Court has the discretion to deny a discovery motion based on violations of Rules of Court. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 892.) The Court declines to exerc...

Excerpt: ...ail and email on April 15, 2022, nine court days before the hearing. Pursuant to CCP § 1005(c), oppositions are to be served in a manner “reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day” after the opposition was filed, including by personal delivery, facsimile transmission, express mail, or electronic service. (CCP § 1005(c); Rule of Court 2.251(a).) Regular mail, as o...

Excerpt: ...e Angeles Cal. Corp. (collectively, “Healthy Start Defendants”) move for a determination that the settlement they reached with plaintiffs Salvador Barrios and Elena Barrios, as well as third-party Oscar Aldrete, who was also involved in the subject accident, was reached in good faith. Under the proposed settlement, the Healthy Start Defendants are to pay $1,000,000.00 total, $940,000.00 to plaintiffs and $60,000.00 to Aldrete. (Attia Decl. ¶...

Excerpt: ...for judicial notice are DENIED because defendants did not include a copy of the documents to be judicially noticed, as required by Cal. Rule of Court 3.1306(c)(1). Plaintiff Michele Viault's request for judicial notice is DENIED as irrelevant. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063.) II. DEMURRER TO FIRST AMENDED COMPLAINT A. First Cause of Action: Professional Negligence Defendants contend that the first cause of actio...