Excerpt: ...ant's residential care facility with a diagnosis of schizophrenia. A few months after admission, Plaintiff was allegedly physically attacked by Doe 1, another resident. On or about May 2017, Plaintiff alleges that he was physically attacked by yet another resident, Doe 2. Eventually, Plaintiff moved to another care facility. On March 23, 2018, Plaintiff filed his complaint alleging causes of action for elder abuse, negligent hiring and supervisio...

Excerpt: ... Plaintiff fails to adequately justify its request for increased attorney's fees; (4) Plaintiff improperly requests costs for a litigation guarantee; (5) Plaintiff fails to elect between remedies; and (6) Plaintiff provides no interest calculations. 1. Notice Due process considerations limit the amount of damages awardable on default: “In all default judgments, the demand sets a ceiling on recovery.” (Greenup v. Rodman (1986) 42 Cal.3d 822, 8...

Excerpt: ...8.4.) Explanation: An original or a photocopy of a doctor's report containing a diagnosis of and prognosis of the injuries, and a report of the minor‘s present condition, must be attached to the petition as Attachment 9. There is no Attachment 9. Attorney's fees are sought but there is no Attachment 14a to the petition setting out the rule 7.955 factors and no Attachment 18a, copy of the fee agreements attached to the petition. The attorney see...

Excerpt: ...idering a motion pursuant to section 877.6, the court balances the statute's twin goals of (1) encouragement of settlements, and (2) equitable sharing of costs among the parties at fault. (Tech‐Bilt v. Woodward‐Clyde & Assoc. (1985) 38 Cal.3d 488, 494.) The standard is whether the amount of the settlement is within the “reasonable range” or “ballpark” of the settling tortfeasor's proportional share of comparative liability for the pla...

Excerpt: ...gment debtor shall be filed. Explanation: On December 21, 2016, a default judgment was entered in favor of plaintiff/judgment creditor M4 Associates, LLC and against defendant/judgment debtor Dr. Eric Lee in the total amount of $65,078.37, which consisted of principal in the amount of $60,108.87, attorneys' fees in the amount of $4,505.00, and costs in the amount of $464.50. (Doerksen Decl. ¶ 5, Exhibit “B.”) On June 5, 2018, M4 Associates f...

Excerpt: ... form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one. (Code Civ. Proc., §§ 2030.290, subd. (b) and 2031.300, subd. (b).) Defendant Henry Macias to provide complete verified responses to all discovery set out above, without objection within 10 days after service of this order. To grant plaintiff Fred Garza, Jr.'s motion that the truth of the matters specified in the requests for admis...

Excerpt: ...rities that plaintiff is actually seeking to adjudicate the entire breach of contract claim. Plaintiff requests adjudication of the “issues” of each separate element of a breach of contract cause of action, including the existence of a contract, performance by plaintiff, breach by defendant, and damages to plaintiff caused by the breach. In essence, plaintiff seeks to adjudicate the entire cause of action, even though it seeks to parse each s...

Excerpt: ... the order by the clerk. Explanation: In response to this motion for judgment on the pleadings, plaintiff filed a First Amended Complaint, and did not address the merits of the motion as directed at the operative complaint. The Complaint was filed on September 20, 2016, and defendant filed its answer on December 7, 2016. Thereafter, plaintiff needed leave of court to amend the Complaint. (Code Civ. Proc. § 472.) Contrary to plaintiff's implied a...

Excerpt: ...rsuant to section 877.6, the court balances the statute's twin goals of (1) encouragement of settlements, and (2) equitable sharing of costs among the parties at fault. (Tech‐Bilt v. Woodward‐Clyde & Assoc. (1985) 38 Cal.3d 488, 494.) The standard is whether the amount of the settlement is within the “reasonable range” or “ballpark” of the settling tortfeasor's proportional share of comparative liability for the plaintiff's injuries. ...

Excerpt: ...rder. New allegations shall be in boldface type font. To grant the motion to file a cross‐complaint. The cross‐ complaint shall be filed and served within 10 days of the clerk's service of this minute order. Explanation: Motion for Leave to File Amended Complaint “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, Code Civ. Proc. § 576.) T...

Excerpt: ...t plaintiff Fred Garza, Jr.'s motion to compel defendant Margarita Garza, aka Margarita Macias, to provide initial verified responses to form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one. (Code Civ. Proc., §§ 2030.290, subd. (b) and 2031.300, subd. (b).) Defendant Margarita Garza, aka Margarita Macias, to provide complete verified responses to all discovery set out above, without o...

Excerpt: ...anation: California Rules of Court, rule 3.350(a)(1) requires that notice of a motion to consolidate be filed in each case sought to be consolidated. Here, the moving party failed to file notice of the instant motion in case no. 16CECG04000. Accordingly, the motion is denied without prejudice. Pursuant to California Rules of Court, rule 3.1312(a) and Code of Civil Procedure §1019.5(a), no further written order is necessary. The minute order adop...

Excerpt: ...rule the overbreadth objection for all other demands. For Demands Nos. 1, 3, 4, 9, 11, 17, and 21, to order that Zenith produce all documents not identified in a further verified response as subject to the attorney‐ client and/or work product privileges. The identification must be in a further response under oath which identifies each document withheld with its author, date of preparation, all recipients, and the specific privilege claimed. If ...

Excerpt: ...ence in support of 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 o...

Excerpt: ...torney's fees and costs to defendant within 30 days of the date of this order. Explanation: Defendant seeks attorney fees after prevailing on a motion to strike plaintiff's strategic lawsuit against public participation (SLAPP) action. Under Code of Civil Procedure section 425.16, subdivision (c)(1), “in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney&#...

Excerpt: .... Rules of Court, Rule 9.40.) Explanation: The Court does not find that Mr. Ibarguen's representation of Defendants by virtue of his representation of Hearst Television, Inc. and Hearst Communications, Inc., constitutes the practice of law in California. Plaintiff offered no authority for this argument. Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is n...

Excerpt: ...ued to August 28, 2018, at 3:30 p.m. in Dept. 503, to allow the moving party time to engage in additional discovery, as requested. Explanation: A settlement entered into by one or more of several joint tortfeasors may be determined by the court to be in “good faith.” (Code Civ. Proc. §877.6.) To encourage settlement, it is “quite proper for a settling defendant to pay less than [its] proportionate share of the anticipated damages. . . . Wh...

Excerpt: ... alleges that he was physically attacked by yet another resident, Doe 2. Eventually, Plaintiff moved to another care facility. On March 23, 2018, Plaintiff filed a complaint alleging causes of action for elder abuse, negligent hiring and supervision, and assault and battery. On April 19, 2018, Plaintiff filed a motion seeking trial preference. An opposition and a reply were filed. Trial Setting Preference Code of Civil Procedure section 36 states...

Excerpt: ...nt. Explanation: Defendants Strong Holdings, Inc. (erroneously sued as Keller Williams Westland Realty) and Mel Kilner (“Defendant Brokers”) demur to the cause of action for breach of contract contained in the First Amended Complaint based on the Purchase Agreement, attached as Exhibit A to the First Amended Complaint. Defendant Brokers also move to strike the claim for attorney's fees based on the Purchase Agreement. Defendant Brokers' princ...

Excerpt: ...est.” Except as otherwise provided by law, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting. (Evid. Code, § 500.) The burden of producing evidence as to a particular fact is initially on the party with the burden of proof as to that fact. (Evid. Code, § 550, subd. (b).) A claimant of surplus sale proceeds bears the burden of proving his ...

Excerpt: ...s of action for conversion and replevin, contending that plaintiff Allstate has not alleged sufficient facts to constitute a cause of action. “The elements of a conversion cause of action are (1) plaintiffs' ownership or right to possession of the property at the time of the conversion; (2) defendants' conversion by a wrongful act or disposition of plaintiffs' property rights; and (3) damages.” (Baldwin v. Marina City Properties, ...

Excerpt: ...ubd. (b).) Plaintiffs' counsel shall pay sanctions to defendants within 30 days of the date of service of this order. Plaintiffs shall also pay the costs of transferring the action. (Code Civ. Proc. § 399, subd. (a).) Explanation: Under Code of Civil Procedure section 395, subdivision (a), “[i]f the action is for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where th...

Excerpt: ...ement and a brief description of the dispute is sufficient. (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251; Tech‐Bilt v. Woodward‐Clyde & Assoc. (1985) 38 Cal.3d 488, 499.) Defendant Aimhigh Group LLC has made the required barebones showing. Pursuant to California Rules of Court, rule 3.1312, subd. (a) and Code of Civil Procedure section 1019.5, subd. (a), no further written order is necessary. The minute order adopting t...

Excerpt: ...ke Plaintiff's first amended complaint on the ground that it is a strategic lawsuit against public participation (SLAPP) action. (Code Civ. Proc. §425.16.) To grant Jonathan Donnellan's application for admission to the bar of this Court pro hac vice. (Cal. Rules of Court, Rule 9.40.) Explanation: Application Pro Hac Vice The Court does not find that Mr. Donnellan's representation of Defendants, by virtue of his representation of Hearst Televisio...

Excerpt: ...ication Although plaintiff's motion is entitled a motion for preliminary approval of the class action settlement, plaintiff also seeks class certification for the purposes of approving the settlement. Therefore, the court must first determine whether the class should be certified before deciding whether the settlement should be preliminarily approved. “Code of Civil Procedure section 382 authorizes class actions ‘when the question is one of a...