Excerpt: ...iled on June 1, 2021, and on July 12, 2002. Plaintiff filed a motion to strike costs. The court has read and considered the moving papers and opposition and will rule as follows: Defendant is the prevailing party and entitled to costs. Code of Civil Procedure Section 1032(b). Based on a review of the evidence adduced at trial, the minimal vehicle damage consisting of scratches to Plaintiff's car, and the conflicting evidence as to whether Defenda...

Excerpt: ... was never introduced to the jury. The jury did not find, by a preponderance of the evidence that Plaintiff owned the property. The jury voted for Defendant 12 to 0 on this issue. Plaintiff claims there is insufficient evidence to justify the verdict. (CCP Section 657(6).) Plaintiff moves for a new trial on the grounds that there was insufficient evidence to justify the verdict. (Plaintiff's motion at page 1, lines 20-22) Insufficiency of the evi...

Excerpt: ...ited to property within the United States. 2. The Plaintiffs' motion is denied with regards to Michael Theodore, as trustee of the Michael Theodore Revocable Trust dated July 21, 2008. 3. All requests for monetary sanctions are denied. Legal Standard On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems an answer to a particular interrogatory is evasiv...

Excerpt: ... with respect to Defendant's request to unseal alleged admissions contained within that exhibit within the Second Amended Renewed Motion for Summary Judgment, Alternatively, Adjudication, and corresponding Separate Statement. The court on its own motion orders the Second Amended Renewed Motion for Summary Judgment, Alternatively, Adjudication filed on July 28, 2021, and its corresponding Separate Statement filed the same day, removed from the rec...

Excerpt: ... (3) Motion to Compel Responses to Form Interrogatories, Set Four; (4) Motion to Deem Admissions Admission to Requests for Admissions, Set Four The motions are each granted. Monetary sanctions of $2,560.00 are awarded for all four motions combined against Plaintiff Flores. Notice of Motion The motions were each timely served and filed. (CCP § 1005(b).) No oppositions are filed. On January 13, 2022, Defendant filed a Notice that no oppositions ha...

Excerpt: ...er is sustained with leave to amend as to the second and fifth causes of action. Motion to Strike is ruled upon according to the demurrer with respect to the fifth and sixth causes of action; denied as moot as to the prayer for punitive damages; denied as to the prayer for the sixth cause of action; and granted with leave to amend as to the fifth paragraph of the prayer for attorney's fees. Meet & Confer Before filing a demurrer or a motion to st...

Excerpt: ... Meet & Confer Before filing a demurrer or a motion to strike, the demurring or moving party is required to meet and confer in person or by telephone with the party who filed the pleading demurred to or the pleading that is subject to the motion to strike for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer. (CCP §§ 430.41, 435....

Excerpt: ...tions to the form of Defendant's moving evidence under California Rules of Court, Rule 3.1350(d) are OVERRULED. (See Opp. at pp. 3-4.) The court's power to deny summary judgment on basis of failure to comply with California Rules of Court, Rule 3.1350 is discretionary, and the format is not so defective that the facts critical to analysis of the motion are not adequately identified or the Plaintiff is unable to reasonably respond. (See Truong v. ...

Excerpt: ...11 without leave to amend. Demurrer is overruled as to Causes of Action: Nos. 2, 5-8, 10, and No. 4 as to Defendant Walraven only. Demurrer is moot as to Cause of Action No. 3. Motion to Strike is granted, with and without leave to amend as discussed below. Meet & Confer Before filing a demurrer or a motion to strike, the demurring or moving party is required to meet and confer in person or by telephone with the party who filed the pleading demur...

Excerpt: ...ing or moving party is required to meet and confer with the party who filed the pleading demurred to or the pleading that is subject to the motion to strike for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer. (CCP §§ 430.41.) Defense Counsel attests to having met and conferred by sending a meet and confer letter on October 7, ...

Excerpt: ...s hereby set aside and vacated. The court enters the second proposed stipulated consent judgment filed December 16, 2021. Legal Standard The Safe Drinking Water and Toxic Enforcement Act of 1986 (Health & Saf. Code §§ 25249.5, et seq.) known as Proposition 65 requires any person who, in the course of doing business, knowingly and intentionally exposes an individual to a chemical known to the state to cause cancer or reproductive toxicity, to fi...

Excerpt: ...ing the subjects discussed below. Parties are to file a joint statement within 5 days after the meet and confer conference for any matters which the parties have not been able to informally resolve. Legal Standard On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems an answer to a particular interrogatory is evasive or incomplete or an objection to in...

Excerpt: ...ule 3.1342(a).) An opposition may be served and filed within 15 days after service of the notice of motion. (Id. at (b).) A response may be filed and served within 15 days after service of the written opposition. (Id. at (c).) A reply may be filed and served within 5 days after service of the response. (Id. at (d).) Defendants filed the Notice of Motion in this action on September 30, 2021, for the original hearing date of November 30, 2021, with...

Excerpt: ...udgment Defendant Lucia Arakelyan's Motion to Set Aside/Vacate Default and Default Judgment is GRANTED. Default and Default Judgment is set aside and vacated as to Defendant Lucia Arakelyan only. Defendant Lucia Arakelyan (“Defendant” or “Defendant Arakelyan”) moves for an Order vacating the entry of default and default judgment against her, and permitting the filing of her Answer as filed on September 8, 2021, pursuant to Code of Civil P...

Excerpt: ...ith Settlement The unopposed Joint Motion for Determination of Good Faith Settlement is granted. Request for Judicial Notice Cross-Defendants Kallman + Logan & Company, LLP and Thompson's unopposed requests for judicial notice are granted. Legal Standard Code of Civil Procedure section 877.6 provides in relevant part: (a)(1) Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract d...

Excerpt: ... Legal Standard Attorneys' fees are recoverable as costs under Code of Civil Procedure section 1032 when authorized by statute. (Code Civ. Proc. § 1033.5(a)(l0)(B).) Civil Code, section 1717, subdivision (a) provides in relevant part: In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing ...

Excerpt: ...e Second Amended Cross‐Complaint; Ex Parte Application to File Second Amended Cross‐Complaint Plaintiffs' application to strike the Second Amended Cross-Complaint is granted. The amended cross- complaint filed on December 17, 2021, is ordered stricken. Defendant/Cross-Complainant's application for leave to file an amended cross-complaint is denied. I. Ex Parte Application to Strike Second Amended Cross‐Complaint Procedural Matters Defendant...

Excerpt: ...ental declaration on reasonable fees and costs within five days, at which point the motion will be taken under submission. Legal Standard A trial court has broad discretion to vacate the judgment and/or the clerk's entry of default that preceded it. (CCP § 473.) However, that discretion can be exercised only if the moving party establishes a proper ground for relief, by the proper procedure, and within the time limits. (Cruz v. Fagor America, In...

Excerpt: ...status of the Defendants in this action, as addressed below. Parties are to apprise the court at the hearing whether reply papers were timely served on the date of their filing. Plaintiff is ordered to file proof of service of reply papers within one day. If satisfied that Defendant(s) have received proper notice, the motion would be granted in part in the reduced sum of $3,911.00. Notice of Motion On February 24, 2021, Plaintiff commenced this a...

Excerpt: ...fendant's demurrer scheduled for a hearing on 1/6/2022. Background This is a defamation action. On 12/17/2020, Plaintiff Chris Nelson (“Plaintiff”) filed his complaint against Defendant Noel Wells (“Defendant”) and Does 1-10 for: (1) defamation per se; (2) defamation per quod; (3) false light; (4) intentional infliction of emotional distress; (5) intentional interference with prospective economic relations; (6) negligent interference with...

Excerpt: ...urt would order as follows: Parties are ordered to conduct a good faith and substantive in-person or telephonic meet and confer conference within ten days. Plaintiff is to provide the best means of contact for the meet and confer conference. Defendant is ordered to file a declaration attesting to the meet and confer conference within 15 days, and the parties are ordered to file a joint statement for any outstanding discovery that has not been inf...

Excerpt: ...dings are stayed pending outcome of the arbitration. Request for Judicial Notice Plaintiff's request for judicial notice of the Complaint in this action is granted. (Evid. Code § 452(d).) Legal Authority “A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and revocable, save upon such grounds as exist for the revocation of any contract.” (CCP § 1281.) When presented...

Excerpt: ...orders proceedings in this action stayed pending final resolution of the consolidated appeal of Cotta v. Shamaan (Los Angeles Superior Court Case No. BC583501) and Shamaan v. Saad Y. Cotta, in his capacity as Administrator of the Estate of Khulood Y. Cotta (Los Angeles Superior Court Case No. 18NWCV00199). Notice The court continued the prior motion for judgment on the pleadings to ensure Defendant was not prejudiced by the late-filed opposition,...

Excerpt: ...nterest to be a party to an action that may be cognizable in a court of the state, whether as a plaintiff, or as a defendant . . . may obtain discovery . . . for the purpose of perpetuating that person's own testimony or that of another natural person or organization, or of preserving evidence for use in the event an action is subsequently filed.” (CCP § 2035.010(a).) “One shall not employ the procedures of this chapter for purposes of eithe...

Excerpt: ...of Moving Defendants As an initial matter, Defendants are referred to within the Opposition both as two separate defendants, and as the single Defendant “B.V. General, Inc. dba Leisure Glen Post Acute Care Center.” Defendants' counsel is to apprise the court on this issue at the hearing. Notice of Motion The motion, opposition, and reply were timely served and filed. (CCP § 1005(b).) Stay of Proceedings As an initial matter, Defendants oppos...