Excerpt: ...ges. Cross-Complainant Cabrillo Elevator (“Cross-Complainant”) now files its Motion for Summary Adjudication against Cross-Defendant Del Amo Construction (“Del Amo”). In 2014, Cross-Complainant and Del Amo entered into the “Master Agreement.” This agreement defined the parties' overall relationship for each specific construction project the parties agreed to work together. In July 2018, parties entered into the “Work Agreement” fo...

Excerpt: ...tion against Defendants alleging negligence, negligence per se, and punitive damages. Defendant Del Amo Construction, Inc., (“Defendant”) now files its Motion for Summary Judgment or, in the alternative, summary adjudication. Objections The Court SUSTAINS Plaintiff's objections to portions of Brian Murphy's Declaration. Legal Standard The role of summary judgment is to enable courts to determine whether the parties' pleadings and allegations ...

Excerpt: ...California Business and Professions Code in the sum of $12,500.00. This bond became effective on September 5, 2013, and Cross-Complainant is informed and believes that it was in effect at the time of the occurrence of the event giving rise to this suit. As of January 1, 2016, the penal sum of the bond was increased to $15,000.00. Cross-Defendants, and each of them, have made claims that are adverse and conflicting and Cross- Complainant denies li...

Excerpt: ...fees and costs incurred bringing her Anti-SLAPP motion. Objections Defendant's evidentiary objections: · 1, 2, 6, 8, 9, 10, 13, 14, and 15 are OVERRULED · 3, 4, 5, 7, 11, and 12 are SUSTAINED Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16.) “Except as attorney's fees are specific...

Excerpt: ...unsel must be served on the client and made on the Notice of Motion and Motion to be Relieved as Counsel – Form (MC-051). Served on client – Yes On Form MC-051 – Yes Declaration: CRC Rule 3.1362(c) requires that the motion be accompanied by a declaration of counsel on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel – Form (MC-052) and state in general terms, without compromising confidentiality, the basis for wit...

Excerpt: ...unit owned by Defendant Sharon/Shahriar Nassirzadeh Family Trust. The complaint arises from plumbing failures in Defendant's unit which resulted in water damage to Plaintiff's residence. On August 17, 2021, Defendants filed a Cross-Complaint against Plaintiff. On September 20, 2021, Plaintiff filed a Demurrer with Motion to Strike to Defendant's Cross-Complaint. The hearing for the Demurrer and Motion to Strike was scheduled for November 19, 2021...

Excerpt: ...sion of the Premises after Defendant's failure to cure material breaches of the various lease agreements. Plaintiff served a 15-day Notice to cure breaches or surrender possession (the “Notice”) on August 9, 2021. Defendant did not cure the breaches nor vacate the Premises. Plaintiff moves for summary adjudication on its unlawful detainer's second and third cause of action. It makes this motion on the grounds that there is no triable issue as...

Excerpt: ...ence St. John's Health Center. The Defendant concluded that Plaintiff had a high likelihood of prostate cancer and ordered a biopsy. Plaintiff experienced urinary retention issues at this initial meeting with Defendant. After further diagnostic procedures, Defendant recommended that Plaintiff undergo robot-assisted radical prostatectomy. Plaintiff met with Defendant twice and Defendant discussed the procedure, catheterization, recovery, risks, an...