Excerpt: ...ther responses to the document requests within 10 days of the date of service of this order. Defendant shall pay monetary sanctions within 30 days of the date of service of this order. Explanation: As an initial matter, to the extent that defendant objects to plaintiff's motion on the ground that the plaintiff's separate statement does not comply with Rule of Court 3.1345, the objection is not well‐taken. Plaintiff's separate statement contains...

Excerpt: ...r with trial counsel's schedule must attend as a new trial date will be assigned at the hearing. If no hearing is held on this motion, the court will set a new trial date at a Case Management hearing on Thursday, August 23, 2018 at 3:30 p.m. in Department 403. Explanation: “The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading.” (Code Civ. Proc. § 473; see also, § 576.) There is ge...

Excerpt: ...keting, Inc. (“Sandstone”). Explanation: California law includes special procedures for determining the claims of third persons (i.e., those other than the judgment debtor and creditor) in property under levy. These third party procedures are optional. They may be used by a third party who claims ownership to or possession of real or personal property, or a superior security interest in or lien on personal property. The third party claim proc...

Excerpt: ... strike “shall be entitled” to recover his or her attorney fees and costs. (Code Civ. Proc. §425.16(c); Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131; see also Schroeder v. Irvine City Council (2002) 97 Cal.App.4th 174, 193 [“Our Supreme Court has construed section 425.16, subdivision (c) as mandatory.”].) The award of attorney fees to the prevailing defendant on an antistrategic lawsuit against public participation (SLAPP) motion includ...

Excerpt: ...fendant only needs the extra deposition time because counsel made an inefficient use of time previously. Plaintiffs did not comply with California Rules of Court, rule 3.1116 in attaching the entire unmarked transcripts, and it is not the court's burden to review over 300 pages of transcripts to independently identify the evidentiary basis for plaintiffs' arguments. Defendant has provided a sufficient basis to justify needing more time than the s...

Excerpt: ...planation: 1. Objections to Evidence The Court sustains that part of plaintiff's objection no. 1 on the basis of hearsay. All other objections made by plaintiff are overruled. The Court did not consider objections by defendant as defendant's moving papers failed to carry its burden on any issue except for the legal question of fiduciary duty. 2. Disputed Facts Facts Nos. 1, 9, 11, 12, 14, 16, 17, 18, 20, 21, 24, 26, 27, 28, and 32 are disputed. A...

Excerpt: ...fth causes of action both allege claims for harassment in violation of the Fair Employment and Housing Act (FEHA) based on plaintiff's medical condition and sexual orientation. Defendants' contend that the acts of harassment cited by plaintiff with regard to her sexual orientation or medical condition were not so severe or pervasive as to alter the conditions of her employment. “Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal.App.3d 590 ....

Excerpt: ...osing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorney's fees and costs unjust.” (Emphasis added.) (Code Civ. Proc., § 405.38.) Plaintiff argues that because his complaint contains a “real property claim,” he acted with substantial justification. However, the statute contemplates that in order to survive a motion to expunge, plaintiff mus...

Excerpt: ...on the ground that it fails to state facts sufficient to constitute a cause of action, as plaintiff has not clearly alleged which defendants were her employers, and that defendant Laura Fraser was not a licensed real estate broker and therefore could not have been an “employer” of plaintiff because only licensed real estate brokers can employ real estate agents. However, the complaint clearly alleges that, “The term ‘DEFENDANTS' shall ref...

Excerpt: ... fees to a “successful party” if the underlying litigation has enforced an important right affecting the public interest, has conferred a significant benefit on the general public or a large class of persons, and has imposed a financial burden on the fee claimants out of proportion to their individual stake in the matter. (Baggett v. Gates (1982) 32 Cal.3d 128, 142.) Though it is a proceeding of a different nature than the ordinary civil acti...

Excerpt: ...ch type of discovery for which further responses are sought pursuant to California Rules of Court, rule 3.1112; and 3. Failure to submit a separate statement in support of each motion pursuant to California Rules of Court, rule 3.1345(c). Explanation: On or about August 8, 2016, Plaintiff was involved in a motor vehicle accident with a rented Ryder Truck driven by Alan John Walsh in the scope of his employment with Defendant Baggie Farms Express,...

Excerpt: ... deny the request for terminating sanctions. To impose monetary sanctions in the amount of $1,530. Sanctions must be paid by Defendant Jesus Hernandez to the Law Office of Robert C. Abrams within 30 days after service of this order. Explanation: Interrogatories: Code of Civil Procedure section 2030.290, subdivision (b) provides for a motion to compel where the opposing party fails to respond to written interrogatories. Further, when a party has n...

Excerpt: ...‐obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co‐obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005.” (Code Civ. Proc. § 877.6, subd. (a)(1).) “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or c...

Excerpt: ...ugust 30, 2018, at 3:30 p.m. in Department 503. Plaintiff may file a responsive brief on the issue no later than August 16, 2018. Explanation: A party may voluntarily withdraw a pleading filed by him or her. (See Code Civ. Proc., § 128.7, subd. (c).) The wisdom of such a maneuverer is not for the court to decide. The operative second amended complaint was filed May 27, 2015. It seeks termination of three trusts held by the late J.M. Irigoyen, in...

Excerpt: ...r acceptance of offer to allow judgment,” states in relevant part: (a) The costs allowed under Sections 1031 and 1032 shall be withheld or augmented as provided in this section. (b) Not less than 10 days prior to commencement of trial or arbitration (as provided in Section 1281 or 1295) of a dispute to be resolved by arbitration, any party may serve an offer in writing upon any other party to the action to allow judgment to be taken or an award...

Excerpt: ...gainst a public entity may only be brought where a written claim has been presented to, and rejected by, the entity. (Gov. Code §§905, 945.4; City of San Jose v. Superior Court (1974) 12 Cal.3d 447, 454 [timely filing of claim is condition precedent to maintenance of civil action].) Such a claim must be presented within six months of its accrual. (Gov. Code §911.2.) Once a notice of rejection has been personally delivered to the claimant or de...

Excerpt: ...1987.1 provides, in relevant part: “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things … at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b) … may make an order … directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.” (Code Ci...

Excerpt: ...ates, to ensure the information is consistent with what was stated in the Reply declarations. Explanation: It appears the memorandum of points and authorities plaintiff filed on July 20, 2018, was not the Reply brief but was the opening brief that plaintiff apparently intended to file with the other moving papers on June 15, 2018. It does not have the word “reply” in the caption, but instead the title simply indicates it is the memorandum in ...

Excerpt: ...e filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and...

Excerpt: ...nt can be amended will run from service by the clerk of the minute order. Explanation: In the complaint a plaintiff must “plead facts showing that he may be entitled to some relief.” (Schnall v. Hertz Corp. (2000) 78 Cal.App.4th 1144, 1152.) The complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc. § 425.10.) Plaintiff does not allege any facts in his First ...

Excerpt: ...use of action in light of the court's order on the demurrer. The prevailing party shall submit to this court, within 7 days of service of the minute order, an ex parte request dismissing the action as to the demurring defendant. Explanation: Demurrer to Fourth Cause of Action: Plaintiff, who is the Trustee of the Ninos' bankruptcy estate, has once again attempted to state a claim for negligence against Premier Valley Bank for failing to perform a...

Excerpt: ...ype. Explanation: The court finds the Complaint uncertain. The Complaint alleges that plaintiff leased an apartment at the apartment complex located at 3442 W. University Avenue, Fresno. The Complaint is vague as to what defective conditions existed at the unit in which plaintiff resided. Paragraph 11 alleges, “On August 24, 2017, inspection and observations of the conditions of the dwelling unit at 3442 W. University Avenue, Fresno, California...

Excerpt: ...entative of the client; and 3. proof of service on the defendants as required by Cal. Rules of Court, rule 3.1362(d). Failure to file the required declaration will result in the motion being taken off calendar. Pursuant to California Rules of Court, rule 3.1312 and Code of Civil Procedure section 1019.5(a), no further written order is necessary. The minute order adopting this ruling will serve as the order of the court, and service by the clerk o...

Excerpt: ...oyd sought to tax. (See Opp. brief, p. 3:14‐15—“The $435 filing fee amount for the first account was actually and reasonably incurred by Ms. Marsh and should be recoverable” (emphasis added).) Mr. Boyd provided no authority for his argument that because the accounting was filed as a result of a court order the filing fee is not a recoverable cost. As prevailing party, this is a cost that is recoverable by Ms. Marsh. The fact that Ms. Mars...

Excerpt: ...de of Civil Procedure section 473, which gives the courts power to permit amendments in furtherance of justice, has received a very liberal interpretation by the courts of this state.... In spite of this policy of liberality, a court may deny a good amendment in proper form where there is unwarranted delay in presenting it.... On the other hand, where there is no prejudice to the adverse party, it may be an abuse of discretion to deny leave to am...