Excerpt: ...al Interrogatories, Set One; Form Interrogatories - Employment Law, Set One; and Form Interr ogatories – General, Set One within twenty (20) days of entry of this order. The matters identified in Plaintiff Helena Vissing's Requests for Admission, Set One are deemed admitted against Defendant Antioch University as of the date of entry of this order . Plaintiff Helena Vissing's Request for Monetary Sanctions is GRANTED in the reduced amount of $9...

Excerpt: ...ING California Rules of Court, rule 3.1332(b), provides that “[a] party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations,” and the motion or application must be made “as soon as reasonably practical once the necessi...

Excerpt: ...B (2010) 185 Cal.App.4th 1018, 1023.) Defendant The People of the State of California, acting by and through the Department of Transportation, to give notice. REASONING Defendant The People of the State of California, acting by and through the Department of Transportation (“Caltrans”) demurs to the claims for negligence and premises liability alleged in Plaintiff Rafael Moreno Fregoso (“Plaintiff”)'s complaint on the grou nd that Caltrans...

Excerpt: ...o Unlawful Detainer,” one said to be filed only by Defendant Sherman and the other said to be filed by both Defendants. Only one motion hearing reservation has been made, but the reservation is attached to both documents. Neither document includes proof of service of the motion upon Plaintiff John Oursland. However, in the interest of judicial efficiency, the Court addresses the merits of the purported motions, given that an opposition from Pla...

Excerpt: ...Plaintiff Hedge Fund, Inc.'s Motion for Reconsideration for [sic] Ruling from April 12, 2023 for Diana Hajinazrarian [sic] Entry of Default from a Motion to Quash Filed; and that Plaintiff Is to File 3rd Amended Complaint Based on Tolling of Time that the Owner [of] the Stolen Funds Is Entitled to By Matter of Law is DENIED. Plaintiff Hedge Fund, Inc.'s Motion for Reconsideration of Order of May 10, 2023 and Order of May 12, 2023 is DENIED. Plain...

Excerpt: ...r adjudication as to Plaintiff David Carter (“Plaintiff”)'s claims for misappropriation in Plaintiff's First Amended Complaint (“FAC”) on the ground that Plaintiff's claims are barred by the statute of limitations. Request for Judicial Notice Defendants request judicial notice of seven court records filed in this action. While the Court need not take judicial notice of its own case file, Defendants' request is GRANTED pursuant to Evidence...

Excerpt: ...ions, within thirty (30) days of entry of this order. Plaintiff Wilshire Quinn Income Fund Reit, LLC's Request for Monetary Sanctions is GRANTED in the reduced amount of $1,320, payable by Defendant Victor Lossi and defense counsel to Plaintiff Wilshire Quinn Income Fund Reit, LLC and Plaintiff's counsel with in thirty (30) days of entry of this order. Plaintiff Wilshire Quinn Income Fund Reit, LLC shall pay a second motion filing fee of $60 with...

Excerpt: ...Second Amended Complaint (“SAC”). At the outset, the Court notes that it has not considered Defendant's “Response to Plaintiff's Separate Statement of Additional Material Facts,” as this document is a reply separate statement not authorized by statute, and Defendant failed to seek leave of court to file such a document. (See Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252 [“There is no provision in the statute for” incl...

Excerpt: ...the reduced amount of $1,860, payable by Defendant Hessam Arashfar and defense counsel to Plaintiff Yeying Zhou and Plaintiff's counsel within thirty (30) days of entry of this order. Plaintiff Yeying Zhou to give notice. REASONING Plaintiff Yeying Zhou (“Plaintiff”) moves the Court for an order compelling Defendant Hessam Arashfar (“Defendant”) to provide further responses and documents to Plaintiff's Requests for Production of Documents...

Excerpt: ...(30) days leave to amend. Plaintiff Kyle Madison may amend his complaint only as authorized by the Court's order and may not amend the complaint to add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4 th 1018, 1023.) Defendants Mega Solutions, Inc. and Gal David Halabi to give notice. REASONING Defendants Mega Solutions, Inc. and Gal David Halabi (“Defendants”) ...

Excerpt: ...r settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of t he settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Code Civ. Proc., § 664.6.) Defendant Jonathan Bolerjack (“Defendant”) moves the Court for an order deeming his written settlement agreement with Plai...

Excerpt: ... (“Defendant”) moves for summary judgment or adjudication as to Plaintiff Arianna Libera (“Plaintiff”)'s claims for negligence and violation of Business and Professions Code section 17200 alleged against Defendant in the third, sixth, and seventh causes of action in Plaintiff's First Amended Complaint (“FAC”). Request for Judicial Notice Plaintiff requests judicial notice of the California Department of Real Estate License History Cer...

Excerpt: ... (2010) 185 Cal.App.4t h 1018, 1023.) Defendant FlipKey LLC to give notice. REASONING Request for Judicial Notice Defendant FlipKey LLC (“Defendant”) requests judicial notice of the complaint filed in Case No. 21STCV29429 (Seeler v. Booking.com B.V.) and the allegation therein that “[t]he subject property had been booked through Defendant Booking.com B.V.'s website.” Defendant's request is GRANTED pursuant to Evidence Code section 452, su...

Excerpt: ... the reduced amount of $510.00, payable by Defendant Joe Sherman to Plaintiff John Oursland and Plaintiff's counsel within thirty (30) days of entry of this order. Plaintiff John Oursland's Motion to Compel Defendant Catherine Bampoky's Compliance with Requests for Production of Documents, Set One is GRANTED. Defendant Catherine Bampoky shall provide code - compliant responses, without objections, to Plaintiff John Oursland's Requests for Product...

Excerpt: ...add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Invasix, Inc. dba InMode to give notice. REASONING Defendant Invasix, Inc. dba InMode (“Defendant”) demurs to Plaintiffs Suzanne Swerner and Hana Sabour (“Plaintiffs”)'s fifth cause of action for fraud and ninth cause of action for intentional infliction of emotional distress, and ...

Excerpt: ... section 877.6 enables a settling defendant to free itself not only from any further claims of the plaintiff but also from any subsequent liability to any non -settling defendant for equitable comparative contribution, or partial or c omparative indemnity. A settling defendant obtains this immunity by settling in “good faith.” Code of Civil Procedure section 877.6, subdivision (b), provides that the court may determine the good faith of a set...

Excerpt: ... Sherman to Plaintiff John Oursland and Plaintiff's counsel within thirty (30) days of entry of this order. Plaintiff John Oursland's Motion to Deem Requests for Admission, Set One as Admitted [Against Defendant Catherine Bampoky] is GRANTED. The matters in Plaintiff John Oursland's Requests for Admission, Set One, are deemed admitted against Defendant Catherine Bampoky as of the date of entry of this order. Plaintiff John Oursland's Request for ...

Excerpt: ...intiff James Won (“Plaintiff”)'s claims for breach of implied warranty and breach of express warranty. Plaintiff has not filed an opposition to Defendant's motion. While the moving party generally bears the initial burden of proof on its motion, and lack of opposition will not automatically entitle the moving party to prevail on its motion, a party's failure to file an opposition can be considered a concession that the motion is meritorious. ...

Excerpt: ...to FGMK, LLC, Defendant's outside accountants, seeking all communications, written agreements, financial statements, and supporting documents from various periods, starting on January 1, 2018, and ending on October 1, 2023. Defendant argues that the documents were prepared under specific privileges, are unrelated to Plaintiff's claims, and go beyond the scope of the issues in this action. Defendant also notes that it made written objections when ...

Excerpt: ...ton (“Petitioner”)'s claim is based; and Mercury Insurance's Claim for Damages, received by the City on September 16, 2022, arising from the March 22, 2022, motor vehicle accident upon which Petitioner's claim is based. The City's request is DENIED, as there is no basis to t ake judicial notice of these documents. (See Petricka v. Department of Motor Vehicles (2001) 89 Cal.App.4th 1341, 1345, fn. 1 [“it would have been improper for the cour...

Excerpt: .... REASONING “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters ou tside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declara...

Excerpt: ...ction and the default, despite his knowledge that Defendant was represented by counsel, Defendant did not receive mail at the subject premises, and the default is void because Defendant was not properly served with the summons and complaint. In the event service did not result in notice of the action to a party, section 473.5 of the Code of Civil Procedure, subdivision (a), provides, in relevant part: When service of a summons has not resulted in...

Excerpt: ...ex parte application under the rules in chapter 4 of this division, with supporting declarations,” and the motion or application must be made “as soon as reasonably practical once the necessity for the continuance is discovered.” Rule 3.1332(c) of the California Rules of Court provides the “[c]ircumstances that may indicate good cause” to continue the trial, and rule 3.1332(d) provides “the facts and circumstances that are relevant to...

Excerpt: ...ion of non-military service or proposed judgment as required by rule 3.1800(a) of the California Rules of Court. If Plaintiff believes he is relieved from this requirements, he must provide the Court with authority so stating. Second, the Court requires a declaration describing the costs sought in the memorandum of costs so the Court may determine whether the requested amounts are for reasonably necessary costs. (Code Civ. Proc., § 1033.5, subd....

Excerpt: ...edic surgeon Clive Segil, M.D., on the grounds that Plaintiff has claimed orthopedic injuries and ongoing mental and emotional injuries, and due to the passage of time, a second physical examination is necessary. Plaintiff has refused to appear for a second examination, and she opposes the motion on the ground that the City's motion is actually a thinly veiled motion to continue trial, the City delayed in inquiring about a second physical examina...