Excerpt: ... Proceedings are stayed pending outcome of the arbitration. Evidentiary Objections Plaintiff's objection to the Declaration of Rochelle Smith is OVERRULED. 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 with a petition to compel arbitr...

Excerpt: ...d by Defendant Premium Fish, Inc. on May 22, 2020 stricken. Plaintiff's request for monetary sanctions is denied. Notice A motion to strike requires notice to the opposing party. (CCP §§ 435(b), 1005.) Plaintiff's proof of service shows service by U.S. mail on Simon Chen for Premium Fish, Inc. at the addresses 17521 Railroad St. in City of Industry, CA, and 5410 Chippewa St., Chino, CA 91710-6405, the last address on record for Mr. Chen. Suffic...

Excerpt: ... § 1714.10) The motion is denied. Notice of Motion The motion and opposition were properly filed and served. (CCP § 1005(b),(c).) The reply was served by U.S. Mail, not a means providing for overnight service; but at the time of the reply, a hearing date was not imminent, the hearing date having been set thereafter for October 22, 2021. In light of the foregoing and lack of objection, the court does not disregard the reply. Over-Length Reply Th...

Excerpt: ...ity to identify contractors. Sanctions are denied. Defendant Vana Davtian's motion to compel further responses to Special Interrogatories, Set 2, is granted in part, as discussed below. Sanctions are denied. Defendant Rubik Davtian's motion to compel further responses to Special Interrogatories, Set 5, is granted in part and denied in part, as discussed below. The parties are to brief the court on Plaintiff's ability to identify contractors. Sanc...

Excerpt: ...5, and the prayer for punitive damages, without leave to amend; and denied in part as to paragraphs 13-15. I. Demurrer Timely Filing A defendant may demur to a complaint within 30 days after service of the complaint. (CCP § 430.40(a).) An untimely demurrer may be considered by the court in its discretion. (Jackson v. Doe (2011) 192 Cal.App.4th 742, 750.) In light of the court's prior ruling denying leave to amend as to the proposed Third Amended...

Excerpt: ...laintiff's Motion for Attorneys' Fees and Costs is granted in part, in the following amounts: (1) attorneys' fees are granted in the sum of $42,135.00 ($44,935.00-$2,800.00); (2) costs and expenses are granted; (3) lodestar enhancement is denied. Evidentiary Objections Plaintiff's objections to the declaration of Michael D. Mortenson are each overruled. Legal Standard A prevailing buyer in an action under the Song-Beverly Act “shall be allowed ...

Excerpt: ...: 21STCV16812 Hearing Date: 10/18/2021 [TENTATIVE] RULING RE: Demurrer to Complaint Demurrer to the third cause of action is sustained with leave to amend. Demurrer to the fourth cause of action is overruled. Meet and Confer Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the ple...

Excerpt: ...024.050. If satisfied, the court would be inclined to hear the motion on its merits. Separate Statement California Rules of Court, Rule 3.1345 requires “any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement.” (Cal. Rules of Court, Rule 3.1345(a).) This rule applies to a motion to “compel or to quash the production of documents or tangible things at a deposition...

Excerpt: ... Defendants. Case No.: 19STCV20910 Hearing Date: 10/14/2021 [TENTATIVE] RULING RE: Motion for Clarification The motion is denied. Notice of Motion Notice of the motion was proper. (CCP § 1005(b), (c).) There is no opposition or reply. Case History On June 14, 2019, Plaintiffs Jimmy Valentine and Walter Dees dba Westland Realty Services, and Jimmy Valentine, individually, commenced this action against Defendants Erma Colon, Harold Campbell, and F...

Excerpt: ...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, 435.5.) Defense counsel has filed a...

Excerpt: ...her responses to Form Interrogatories is denied. Each side's request for monetary sanctions is denied. The motion to compel further responses to Special Interrogatories is granted. Monetary sanctions are awarded in the amount of $1,935.00. The motion to compel further responses to Requests for Production of Documents brought by Defendant CRD Machining, Inc. is granted in part and denied in part. Insofar as Plaintiff intends to stand upon privileg...

Excerpt: ... is proper. The opposition was timely served by overnight priority mail on September 28, 2021. The reply was timely served by overnight delivery on October 1, 2021. Safe Harbor Provision There is a safe harbor provision in section 128.7 requiring a 21-day prior service requirement for the offending party to correct any error. The two-step process requires the moving party first serve the notice of motion for sanctions on the offending party witho...

Excerpt: ...) Following voluntary dismissal of Plaintiff Kylie Jenner on March 29, 2018, the appearing parties in the action are Plaintiff Robert Kardashian (“Kardashian”) and Defendant Angela White aka Blac Chyna (“Chyna”). The motion, opposition, and reply were timely filed and served. (CCP § 1005(b).) Notice is proper. Legal Standard “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, Rule...

Excerpt: ...lt Judgment Plaintiffs' application for default judgment is continued to December 10, 2021. Plaintiffs are ordered to file a supplemental declaration, as addressed below, within 20 days. Legal Standard A party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100). (California Rules of Court Rule 3.1800.) Per Rule 3.1800(a), a party seeking a default must file vario...

Excerpt: ...os. 1, 2, 5, 6, 9, 10, 13, 14, 17, 18, 21, 22, 24, 25, 28, 29, 31, and 32, the motion is continued to November 5, 2021; and parties are ordered to further meet and confer as to: (1) an appropriate means of providing notice and an opportunity to object to employees whose information is sought; and (2) necessity of disclosure of those same former employees' present employment information. If parties are unable to come to informal resolution of thes...

Excerpt: ...Depositions is denied. Plaintiffs Amador Lopez and Jasmine Lopez's Motion to Compel Further Responses is denied. I. Motion to Compel Depositions Meet and Confer A motion to compel compliance with a deposition notice for failure to appear at deposition “shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or...

Excerpt: ...e proof of service of the Answer shows electronic service on August 17, 2021. Plaintiff timely demurred on August 27, 2021. The motion, opposition, and reply were timely filed and served. (CCP § 1005(b).) Meet and Confer The party filing a demurrer or motion to strike must meet and confer in person or by telephone with the party who filed the pleading subject to demurrer or motion to strike, to determine whether an agreement can be reached to re...

Excerpt: ...tion is denied. 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 with a petition to compel arbitration, the trial court's first task is to determine whether the agreement exists, and, if any defense to enforcement is raised, whether it i...

Excerpt: ...ly Filing A party may demur to an Answer within ten days of service of the answer. (CCP § 430.40(b).) The proof of service of the Answer shows service by mail on June 14, 2021. Plaintiff timely demurred on June 22, 2021. The opposition was late-filed by one day on September 22, 2021. (CCP § 1005(b).) In light of the lack of objection to the untimely service of the opposition and that the motion is fully briefed, the court on this occasion proce...

Excerpt: ...on. Requests for Judicial Notice Plaintiff's request for judicial notice of prior complaints in this action and the court's order on Defendants' demurrer to the First Amended Complaint are granted. (Evid. Code § 452(d).) Legal Standard “A complaint is vulnerable to a general demurrer on the ground that it fails to state a cause of action.” (Schauer v. Mandarin Gems of California, Inc. (2005) 125 Cal.App.4th 949, 955.) “A general demurrer w...

Excerpt: ...ion is sustained without leave to amend. Motion to strike is denied in part and denied in part as moot. I. Demurrer Judicial Notice The court sua sponte takes judicial notice pursuant to Evidence Code, section 452(d) of the original Complaint filed in this action on March 2, 2020; the First Amended Complaint filed in this action on May 8, 2020; and the Second Amended Complaint filed in this action on June 8, 2021. (Evid. Code § 452(d); see Smith...

Excerpt: ... Demurrer is sustained without leave to amend as to defenses 4, 7-8 and 14. Motion to strike is denied in part, and denied in part as moot pursuant to the court's ruling on demurrer. Timely Filing A plaintiff may demur to an answer within 10 days following service of the answer, unless extended by stipulation or court order. (CCP § 430.40(b).) The Answer was filed on May 28, 2021, with proof of service on the same date by electronic mail. Plaint...

Excerpt: ...ust 23, 2021 for the hearing on September 20, 2021 by electronic transmission to counsel for Defendant. There is no opposition. Legal Standard Code of Civil Procedure section 1281.98 provides: (a) In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, that the drafting party pay certain fees and costs during the pendency of an arbitration pr...

Excerpt: ...ed without prejudice to renewed motion on commencement of criminal action. Notice Proof of service of the motion shows that the motion was served on August 24, 2021 by overnight delivery, which is proper. (CCP § 1005(b).) The motion was not filed until August 26, 2021, but in light that it was filed 16 court days before the hearing, the court will consider the moving papers. (Id.) The opposition appears to have been timely served by overnight pr...

Excerpt: ...r Leave to File First Amended Complaint Plaintiff is to brief the court at the hearing on argument that it has not submitted the final proposed FAC to the court. (See Cal. Rules of Court, Rule 3.1324.) California Rules of Court, Rule 3.1324 Plaintiff moves to amend a pleading before trial. The moving papers must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous ple...