Excerpt: ...ed (CCP 1005(b)): Ok Proper Address: Ok Opposition and Reply Submitted. RELIEF REQUESTED Plaintiff moves for an order compelling the deposition of Defendant's Person Most Qualified (PMQ) and document production at deposition as specified in Plaintiff's deposition notice. Plaintiff makes the instant motion on the following grounds: CCP §2025.010, 2025.230, and good cause. BACKGROUND This action stems from Plaintiff's allegations that he was injur...

Excerpt: ...neteenth affirmative defenses in the Defendants' answer on grounds that each affirmative defense does not state facts sufficient to constitute a cause of action. Procedural 16/21 Day Lapse (CCP §12c and §1005(b):Ok Proof of Service Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP §1013, §1013a): Ok Opposition and Reply submitted. BACKGROUND On 10/24/2022, Plaintiff filed a complaint alleging a cause of action for negligence against De...

Excerpt: ...e (CCP §12c and §1005(b): Ok Proof of Service Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP §1013, §1013a): No – The instant motion to set aside default, memorandum of points and authorities, and declaration of Mason Yost was served via email to “[email protected]”. On eCourt, the email address for Plaintiff's counsel is listed as “[email protected]”. However, since Plaintiff filed an Opposition, it appears as i...

Excerpt: ...ectronically, but the POS doesn't state the electronic address. Further, the POS states the Opposition papers were served by mail, and there could be an issue with the mailing address as noted in the Analysis section below with respect to service of the responses themselves.] RELIEF REQUESTED¿ Plaintiff, Sanda Oswald, moves this Court for an order establishing admissions as to the truth of each matter specified in the first set of requests for a...

Excerpt: ...: No Opposition A Notice of Non-Opposition to Motion for Leave to Intervene was submitted. RELIEF REQUESTED¿ Intervenor, La Crescenta Chapter of the Armenian Cultural Foundation, moves the Court for an order granting Intervenor leave to intervene in this action. This motion is made pursuant to CCP sections 387 and 527 on grounds that: (1) Intervenor is a necessary and indispensable party to this action in that Intervenor claims a direct interest...

Excerpt: ...rsement of costs. [As a preliminary matter, neither the caption of the motion nor the cover page of the notice of motion states how much money Plaintiff is moving for in total. Further, the declaration of Diamse doesn't state how much Plaintiff is moving for in total. The Diamse declaration states how much Plaintiff is seeking in attorneys' fees plus costs, but the Diamse declaration does not mention how much Plaintiff seeks with the addition of ...

Excerpt: ...UESTED: Defendant, Tricia Halamandaris, moves for an order pursuant to CCP §2025.450 compelling Plaintiff, Brigitte Bergman, to attend and testify at oral deposition. Defendant moves the Court for an order imposing monetary sanctions in the amount of $1,989.95 against Plaintiff for the court reporter costs for the two missed depositions, for the reasonable attorney fees and the cost of this motion incurred by Plaintiff's refusal to appear for or...

Excerpt: ...nts, Bank of America, N.A.; PRLAP, Inc.; U.S. Bank National Association, as Trustee of Banc of America Mortgage 2008-A Trust, Mortgage Pass-Through Certificates, Series 2008-A; Specialized Loan Servicing, LLC Proof of service timely filed (CRC 3.1300(c)): Ok Correct Address (CCP §§ 1013, 1013(a)): Ok Moving Papers: Notice of Motion and Memo; Vahe Alek Saginian Declaration; Proposed Order; Request for Judicial Notice; Ryan Hemar Declaration; Sep...

Excerpt: .../21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok Moving Papers: Motion; Decl. Nelson; Proposed Order Opposition Papers: Opposition Reply Papers: Reply; Second Decl. Nelson RELIEF REQUESTED Defendant, Palm Deluxe Partners, LP moves the Court for an order granting leave to file a cross- complaint against Plaintiffs/Proposed Cross-Defendants Serjik Alehverdian, Mineh Abrahimi, and proposed Cross-Defendant Loris Nersissian to recover unpaid...

Excerpt: ...] Responding Party: Plaintiff, Tracey Baumert (Oppo and Reply Submitted) Moving Papers: Memo Demurrer; Memo Motion to Strike; Decl. Steven M. Dailey; Request for Judicial Notice Opposition Papers: Opposition to demurrer Reply Papers: Notice of Non-Opposition to Motion to Strike; Reply to Demurrer Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED Loan Defendants demur ...

Excerpt: ...y Submitted) Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED Defendant, GlenMed, demurs pursuant to CCP §430.10 et seq. to the following causes of action on the following grounds: 1. First Cause of Action for Breach of Written Contract as it is fatally uncertain and fails to state facts sufficient to state a cause of action and is therefore subject to demurrer unde...

Excerpt: ...: Opposition; Decl. Michael R. Carey; Separate Statement Reply: Reply; Decl. Holly Thomas RELIEF REQUESTED Plaintiff, Justine Hsu, moves for an order compelling Defendant, Tesla, Inc. to further respond to Special Interrogatories, Set Two, No. 15. Plaintiff requests sanctions against Tesla and in favor or Justine in the sum of $5,122.50 pursuant to CCP §2023.030(a) and (c), 2023.010(d), (e), (f), (g), (h), and 2030.300. This motion is brought pu...

Excerpt: ...y Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok – Opposition attempts to argue that this motion is untimely, but Opposition incorrectly says that two court days must be added to service when in fact only two calendar days must be added . Proper Address: ok (Opposition and Reply Submitted.) RELIEF REQUESTED Plaintiffs, Steven Spinoglio and Denise Amato-Spinoglio, Co-Trustees of the Spinoglio Family Trust (collectively “...

Excerpt: ...] Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED Cross-Defendants Century 21 Allstars , Inc ., Louis Chavez , and Gabriela Salazar (collectively “Brokers”) seek an order striking the following portions of Stockpile's Cross-Complaint: 1. Stockpile's vague, conclusory, and improper request for punitive damages as to Century 21 Allstars, Inc . is illegitimate, imp...

Excerpt: ...ACIC”) Responding Party: No Opposition submitted No Reply submitted Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok – served exactly 21 days before hearing; 16 Court days plus five calendar days. (See CCP §1005(b).) Proper Address: ok RELIEF REQUESTED Plaintiff, American Contractors Indemnity Company moves for an order compelling Defendant, Chase Fire Protection to provide further responses to Pl...

Excerpt: ...ove the Court for an order quashing Empire's subpoenas issued to the following facilities: 1. T-Mobile USA, Inc., 2710 Gateway Oaks Drive, Suite 150N Sacramento, CA 95833 2. AT&T Mobility, LLC., 330 North Brand Blvd., Suite 700, Glendale, CA 91203 3. Verizon Cellco Partnership dba Verizon Wireless, 180 Washington Valley Road, Bedminster, NJ 07921 This motion is brought pursuant to CCP §1985.3, 1987.1, 2017.020, 2025.410, and 2025.420. Procedural...

Excerpt: ...g Papers: Motion; Decl. Donald H. Slavik; Plaintiff Separate Statement; Notice of Lodging Confidentially under Seal Decl. of Anum Arshad; Decl. Anum Arshad; Opposition Papers Tesla: Opposition; Decl. Michael R. Carey Opposition Papers Non-Party Mobileye Inc.: Opposition; Reply to Separate Statement; Decl. Michael Hanada; Decl. Gaby Hayon; Decl. John H. Gray; Proof of Service Reply: Combined Reply to Non-Party and Tesla RELIEF REQUESTED Plaintiff,...

Excerpt: ...tem N.K. Opposition submitted; Reply submitted late [The Court will still consider the late Reply.] Moving Papers: Motion; Separate Statement; Declaration of Nancy P. Doumanian with Exhibits; Proposed Order Oppo Papers: Memorandum of Points and Authorities; Response to Separate Statement and Plaintiff's additional undisputed material facts; Declaration of Lawrence D. Marks and Exhibits; Declaration of N.K. and Exhibits in Opposition; Index of Evi...

Excerpt: ...C., a California corporation; and DOES 1-30 TENTATIVE RULING ON DEMURRER AND MOTION TO STRIKE TO FAC Moving Party: Defendants - Robert D. Heinrich, CPA, an individual (“Robert”); Robert D. Heinrich, C.P.A., Inc., a California corporation, (“CPA, Inc.”) and MMAP Services, Inc., a California corporation (“MMAP”) Responding Party: Plaintiffs – GC-8, LLC; San Clemente Beach Country Club; Shorecliffs Golf Management, Inc.; Sean Leong; an...

Excerpt: ...Khaled A. Tawansy moves the Court to compel the deposition of Cross- Defendant Franciska K. Von Andrassy and sanctions in the amount of $3,435.00. The instant motion is made pursuant to CCP §2025.010 (an inapplicable code section). Procedural 16/21 Day Lapse (CCP §12c and §1005(b): ok Proof of Service Timely Filed (CRC, Rule 3.1300): ok Correct Address (CCP §1013, §1013a): No – See Analysis BACKGROUND General Background According to the Co...

Excerpt: ... of Service Timely Filed (CRC, Rule 3.1300): ok Correct Address (CCP §1013, §1013a): ok - At the time of service on September 1, 2022, Plaintiff's attorney was still Ronald A. Norman, and this motion was served to Ronald A. Norman. However, it appears that on September 5, 2022, Plaintiff Tracey L. Baumert decided to represent themself. This substitution of attorney was recorded with the Court on 09/15/2022. RELIEF REQUESTED¿ Defendant, Bank of...

Excerpt: ...rson independent psychological examination (IME) with the defense examiner. BACKGROUND The instant case pertains to the alleged sexual abuse of a minor that occurred at Defendant's school. MOVING ARGUMENTS Moving Defendant argues that an independent mental examination should be conducted of Plaintiff because mental/emotional conditions are at issue in this case. Defendant requests Dr. Eraka Bath to conduct this mental examination. According to mo...

Excerpt: ...d Reply Submitted Proof of service timely filed (CRC 3.1300(c)): ok Correct Address (CCP §§ 1013, 1013(a)): ok Moving Papers: Notice of Motion for summary adjudication; memorandum of points and authorities; separate statement of undisputed material facts; declaration of Shant N. Nashalian; declaration of Stephen Samuel; Proposed Order; Statement of Evidence. Opposition Papers: Opposition; Evidentiary objections to the declarations of Stephen Sa...

Excerpt: ...e 3.1300(c)): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED Plaintiff moves pursuant to CCP §438 for entry of judgment on the pleadings per the complaint for the amount set forth in the complaint plus costs in favor of Plaintiff and against Defendant, Heros Gharibian. Plaintiff moves on the ground that the complaint states facts sufficient to constitute a cause of action and because matters in request for admis...

Excerpt: ... and Reply submitted. Reply says the Opposition is late; however, the Court still considers the opposing papers. Moving Papers: Notice of Motion and motion for award of attorneys' fees; Dowdall Declaration; Broersma Declaration; O'Neill Declaration; Request for Judicial Notice Opposition Papers: Bradley Barnes' and Babbb LLC's opposition; Evidentiary objections to Dowdall Declaration; Share Declaration; Zepeda Declaration Reply Papers: Reply; Res...