Excerpt: ...ture Arts & Sciences (“Academy”) and DOES 1-50. On April 13, 2021, Defendant Academy filed its Answer. On April 19, 2021, Plaintiff filed an “Amendment to Complaint” substituting Defendant The Vine Street Archive Foundation (“Archive”) in lieu of DOE 1. On April 26, 2021, Defendant Archive filed its Answer. On June 13, 2022, Judge Michael E. Whitaker determined that the case was “complicated” and it was assigned to this department...

Excerpt: ... of Civil Code § 1950.5 against Defendants Bernardina L. Herrera (“Herrera”) and DOES 1-100. Jury Trial is currently set for March 25, 2024. (1) Demurrers Defendant Herrera now demurs to the entire complaint on the grounds that it fails to state facts sufficient to support any cause of action and is uncertain. Decision The demurrer to the first and third causes of action is SUSTAINED, with 20 days leave to amend. The demurrer to the second, ...

Excerpt: ...ime in litigation. On July 25, 2023, this court called the case management conference and the OSC re: dismissal. Defendants Fede and Figueroa appeared in person, as it was their understanding that physical appearances had been ordered by the court. Plaintiff's counsel appeared telephonically. At the hearing, Plaintiff's counsel represented that Defendant Vogel now lives abroad, in Germany. Plaintiff's counsel observed that, due to the cumbersome ...

Excerpt: ...t within 10 days. Governing Standard Code of Civil Procedure § 1285 provides that “[a]ny party to an arbitration in which an award has been made may petition the court to…correct or vacate the award.” Code of Civil Procedure § 1285.2 permits the responding party to request that the court confirm the award instead. There is no need for multiple hearings; the court may confirm, vacate, or correct the award via this single proceeding. Code o...

Excerpt: ...(2001) 87 Cal.App.4 th 299, 307-308: “Courts faced with a civil defendant who is exposed to a related criminal prosecution have responded with various procedural solutions designed to fairly balance the interests of the parties and the judicial system. Accommodation of the various interests, however, is usually made to a defendant in a civil action from the standpoint of fairness, not from any constitutional right. Courts that are confronted wi...

Excerpt: ... am. Plaintiff Shari Edwards may file a supplemental brief responding simultaneously to (a) Defendant's supplemental brief of December 1, 2023, and (b) the court's OSC. That brief is due on or before December 20, 2023. Defendant may file a supplemental reply on or before January 2, 2023. Governing Statute Code of Civil Procedure § 2033.280 provides in relevant part as follows: “If a party to whom requests for admission are directed fails to se...

Excerpt: ...on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. For a failure to comply with this subdivision, any order made on a subsequent application may be revoked or set aside...

Excerpt: ... Procedure § 2031.310 provides in relevant part as follows: “(a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An o...

Excerpt: ... appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. (3) When ...

Excerpt: ...023, with leave given to amend. Plaintiff did not timely amend. Defendant Golden Valley brought an ex parte application to dismiss, as permitted by Code of Civil Procedure § 581(f)(2) and California Rules of Court Rule 3.1320(h). This court granted Plaintiff one extension of time to amend. Plaintiff filed his First Amended Complaint on May 17, 2023, the last day of the extension. Defendant Golden Valley demurred. Plaintiff opposed. On August 2, ...

Excerpt: ...1995) 31 Cal.App.4 th 1023, 1028. They must also allege that they were the express target of the Defendant's behavior, or that under the circumstances, the Defendant must have been aware that his actions would harm them specifically. See Christensen v. Superior Court (1991) 54 Cal.3d 868, 903. Defendant Doe 2 is identified as the local chapter of a national mentorship program. (Complaint ¶ 7). This cause of action is pled at paragraphs 107-112 o...

Excerpt: ...fees of $21,452.00 and costs of $1,038.00. Governing Standard “In determining the amount of reasonable attorney fees to be awarded under a statutory attorney fees provision, the trial court begins by calculating the ‘lodestar' amount…[t]he ‘lodestar' is ‘the number of hours reasonably expended multiplied by the reasonable hourly rate.' (Citation.) To determine the reasonable hourly rate, the court looks to the ‘hourly rate prevailing ...

Excerpt: ... of the arbitration process should a dispute arise to permit for an efficient process of resolving disputes at the election of the parties. This process permits the Employee to submit disputes that cannot ro have not been resolved to a Neutral Arbitrator…Employees are free to have legal (attorney) representation at any time during arbitration or represent themselves. Arbitration is an election and not mandatory. I, as an MHF & AMMD employee, ag...

Excerpt: ...tlement between Defendant F&M and Plaintiff was entered into in good faith within the meaning of Code of Civil Procedure §§ 877 and 877.6. The remaining requests are DENIED, without prejudice to any future motion in any other proceeding. Governing Standard Code of Civil Procedure § 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: ...lien rights to contractors, material suppliers, equipment lessors, laborers, and design professionals, among others, who do authorized works of improvement on property. The lien may only be enforced if the claimant gives preliminary notice, unless the claimant is a laborer or has a direct contractual relationship with the owner. Civil Code §§ 8200, 8410. A claimant has 90 days after the completion of a contract to record a lien. Civil Code § 8...

Excerpt: ...lien rights to contractors, material suppliers, equipment lessors, laborers, and design professionals, among others, who do authorized works of improvement on property. The lien may only be enforced if the claimant gives preliminary notice, unless the claimant is a laborer or has a direct contractual relationship with the owner. Civil Code §§ 8200, 8410. A claimant has 90 days after the completion of a contract to record a lien. Civil Code § 8...

Excerpt: ...surance Company (“Integon”), Strong Tie Insurance Services, Inc. (“Strong Tie”), Gustavo Alejandro Baltazar, (“Baltazar”), Efrain Hector Ferrer (“Ferrer”), and DOES 1-25. The first two causes of action are asserted against Defendants National General and Integon. The third cause of action is asserted against Defendants Strong Tie, Baltazar, and Ferrer. On November 9, 2022, Defendants Strong Tie, Baltazar, and Ferrer were served wi...

Excerpt: ...inium Association (“HOA”), Donald Alan Zambos (“Zambos”), and DOES 1-10. On February 19, 2020, Defendant HOA filed its Answer. On August 6, 2020, Defendant Zambos filed his Answer. On February 5, 2021, Plaintiff Ivry filed an “Amendment to Complaint” substituting Defendant Metal Supply, LLC (“Metal Supply”) in lieu of DOE 1. On September 1, 2022, Plaintiff Ivry filed two “Amendments to Complaint” substituting Defendants Cardos...

Excerpt: ... Answer. On July 28, 2023, this court granted summary adjudication in favor of Defendant KAN as to the fifth cause of action. Jury trial is currently set for October 23, 2023. Instant Motion Plaintiff now moves this court for reconsideration of the ruling on the motion for summary adjudication. Decision The motion is DENIED. Standard of Review Code of Civil Procedure § 1008 states in pertinent part as follows: “(a) When an application for an o...

Excerpt: ...gh continuances are “disfavored,” requests should be considered on an individual basis. That subsection also includes a non-exhaustive list of possible grounds for a continuance. Defendants make their motion under the auspices of Rule 3.1332(c)(1)-(3) and (7). Rules 3.1332(c)(1)-(3) provide for a continuance if an expert witness, party, or counsel, is unavailable due to “death, illness, or other excusable circumstances.” Rule 3.1332(c)(7)...

Excerpt: ...f Civil Procedure, if all of the following conditions exist prior to the landlord's demand or notice: (1) The dwelling substantially lacks any of the affirmative standard characteristics listed in Section 1941.1 or violates Section 17920.10 of the Health and Safety Code, or is deemed and declared substandard as set forth in Section 17920.3 of the Health and Safety Code because conditions listed in that section exist to an extent that endangers th...

Excerpt: ...ke and is GRANTED, without prejudice to a future motion to amend pursuant to Code of Civil Procedure § 425.14. Eighth Cause of Action: Defamation The elements of a defamation claim, whether classed as slander (spoken) or libel (written), are (1) intentional (2) publication of (3) a statement of fact that (4) is false, (5) is not privileged, and (6) has a natural tendency to injure or which causes special damage. Smith v. Maldonado (1999) 72 Cal....

Excerpt: ...ys leave to amend to allege the facts which would support a constructive trust in connection with some other cause of action. The demurrer to the fifth cause of action is SUSTAINED, without leave to amend. First Cause of Action: Rescission (Fraud) Although rescission is a contract claim (see Civil Code §§ 1688-1689), where it is based on fraud, plaintiff must plead all the elements of that tort. Reed v. King (1983) 154 Cal.App.3d 261, 264. Thos...

Excerpt: ...m the complaint With prejudice at Plaintiffs request Station Lot filed its answer on December 19, 2019, along with a Cross-Complaint against Cross- Defendants City, County, and John Roe. The County answered the Cross-Complaint on January 6, 2020. The Counvwas later dismissed with prejudice from the Cross-Complaint at Station Lot's request. On November 4, 2022, the Civ filed an answer. On October 12, 2021, Plaintiff filed the First Amended Complam...

Excerpt: ...ed Complaint to be heard on June 1 : 2023 _ On May 24: 2023: Defendants filed an opposition. Trial is currently scheduled for November 1 : 2023. PARTIES' REQUESTS Plaintiff requests to file and serve the proposed First Amended Complaint. Defendants request that the Court not allow leave to add a punitive damages claim. LEGAL STANDARD Code of Civil Procedure section 473, subdivision (a)(l) states: "The court may: in furtherance of justice: and on ...