Excerpt: ...and sanctions Tentative Ruling: The motions to compel United Automotive Incorporated to provide further responses to form interrogatories, set one and special interrogatories, set one, request for admissions, set one and for sanctions are off calendar. The motions to compel Hadie Saadeldin to provide further responses to form interrogatories, set one, and sanctions are off calendar. Carlos Gonzalez has failed to comply with Local Rule 2.1.17 prio...

Excerpt: ...). The case remains active as to defendant Brett Passmore. To grant Evans Electric Service's motion for monetary sanctions. Passmore Interprises, Inc. is ordered to pay monetary sanctions to the Law Offices of Barry E. Weber in the amount of $1,160.00 within 30 days after service of this order. Code of Civil Procedure §2023.030(a). Explanation: There is evidence that defendant Passmore Interprises, Inc. has engaged in misuse of the discovery pro...

Excerpt: ....4th 826, 850.) Only then does the burden of production shift to the party opposing summary judgment, who is then subject to its own burden of production to make a prima facie showing that a triable issue of material fact exists. (Id.) If the moving party fails to meet this burden of production, the opposing party has no evidentiary burden to even oppose the motion. “[T]here is no obligation on the opposing party . . . to establish anything by ...

Excerpt: ...prevail on their claim. Indeed, it appears that defendant is correct, as the undisputed facts show that plaintiffs do not own the 0.37 acre parcel that they allege was taken by the State. As plaintiffs do not own the parcel, they cannot prevail on their taking claim. “Both eminent domain proceedings and inverse condemnation actions implement the constitutional rule that private property may not be ‘taken' (U.S. Const., 5th Amend.) or ‘taken...

Excerpt: ...n's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. (Code Civ. Proc., § 340.5.) This rule sets forth two alternate tests for triggering the limitations period: (1) a subjective test requiring actual suspicion by the plaintiff th...

Excerpt: ...the moving party establishes that there is no issue of fact to be tried.” (Buehler v. OregonWashington Plywood Corp. (1976) 17 Cal.3d 520, 526.) The affidavits of the moving party are strictly construed, while those of the opposing party are liberally construed. (Ibid.; Huynh v. Ingersoll‐Rand (1993) 16 Cal.App.4th 825, 830.) A defendant moving for summary judgment bears the initial burden of making a prima facie showing of the nonexistence o...

Excerpt: ...ng parties, seek approval of a settlement as a Private Attorney General Action (“PAGA”), pursuant to California Labor Code section 2698 et seq. Plaintiffs appear to be correct in asserting that the legislature did not provide any guidance to the courts in terms of reviewing a PAGA settlement. (See Labor Code § 2699 et seq.) While PAGA claims are procedurally distinct from class action claims, there are similarities in the two in terms of a c...

Excerpt: ...e a separate document and will be signed at the hearing. Explanation: This motion is brought under Code of Civil Procedure section 664.6 (“Section 664.6"). In pertinent part, Section 664.6 provides as follows: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court . . . for settlement of the case . . . the court, upon motion, may enter judgment pursuant to the terms of the sett...

Excerpt: ...� subject to the demurrer or motion. (Code Civ. Proc. §§ 430.41(a), 435.5(a).) Both statutes clearly require the parties to “meet and confer in person or by telephone.” (Code Civ. Proc. §§ 430.41(a), 435.5(a).) The moving party is required to file a declaration stating either of the following: (A) The means by which the [demurring or moving] party met and conferred with the party who filed the pleading . . . , and that the parties did not...

Excerpt: ...he court grants defendant twenty days within which to comply with the statutes. Defendant must meet and confer “in person or by telephone” with plaintiff regarding the issues raised by the demurrer and motion to strike, or attempt to do so and provide sufficient evidence of the attempt and plaintiff's failure to meet and confer in good faith. If the parties cannot agree on the purported deficiencies in the complaint, defendant may file a new ...

Excerpt: .... All new allegations shall be in boldface. Explanation: First of all, plaintiff's counsel has not submitted a declaration stating that he attempted to meet and confer with opposing counsel before bringing the demurrer, as required by Code of Civil Procedure section 430.41. “Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject...

Excerpt: ...App.4th 1100, 1106.) The moving party has the burden of proving: 1) that his claim is one upon which an attachment may be issued; and 2) the probable validity of the claim. (Santa Clara Waste Water Company v. Allied World National Assurance Company (2017) 18 Cal.App.5th 881, 885.) The declaration of Mike Paternostro is insufficient to establish that the documents purporting to be defendants' credit application and guarantee and Citibank's extensi...