Excerpt: ....4th 610, 618.) The issue to be determined by the trial court in consideration of a motion for summary judgment is whether or not any facts have been presented which give rise to a triable issue, and not to pass upon or determine the true facts in the case. (Petersen v. City of Vallejo (1968) 259 Cal.App.2d 757, 775.) The moving party bears the initial burden of production to make a prima facie showing of the nonexistence of any triable issue of ...

Excerpt: ...utral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: “The parties' representation of an uncontested motion for class certification does not relieve the Court of the duty of determining whether certification is appropriate.”) “Confronted with a request for settlement‐only class certific...

Excerpt: ...djudication as to the issue of the fraudulent transfer exception to the general rule of successor nonliability in favor of defendant Lummus Corporation. To deny summary adjudication on all other grounds. Explanation: On October 21, 2019, plaintiff filed the instant action for products liability. Plaintiff is an insurance company who paid out benefits on a worker's compensation policy regarding an injury to an insured's employee, Gabino Orrostieta...

Excerpt: ...'s stipulated order regarding disclosure of expert materials. (Code Civ. Proc. § 2023.030.) Plaintiff shall pay monetary sanctions to defendant Vantage within 30 days of the date of service of this order. Additionally, plaintiff will be responsible for the cost of the second deposition of its expert which includes expert fees, court reporter fees and reasonable attorney's fees. Explanation: “The Civil Discovery Act imbues trial courts with ‘...

Excerpt: ... ..” (Code Civ. Proc., § 1021.) Code of Civil Procedure section 1033.5 provides, in subdivision (a)(10), that attorney fees are "allowable as costs under Section 1032" when they are "authorized by" either "Contract," "Statute," or "Law." Here, the lease agreement between the parties, attached as Exhibit 1 to the Complaint provides for attorney's fees: 18.16 Attorney Fees. If either Landlord or Tenant institutes any action or proceeding against...

Excerpt: ... ..” (Code Civ. Proc., § 1021.) Code of Civil Procedure section 1033.5 provides, in subdivision (a)(10), that attorney fees are "allowable as costs under Section 1032" when they are "authorized by" either "Contract," "Statute," or "Law." Here, the lease agreement between the parties, attached as Exhibit 1 to the Complaint provides for attorney's fees: 18.16 Attorney Fees. If either Landlord or Tenant institutes any action or proceeding against...

Excerpt: ...in order to continue litigating the present action. (Code Civ. Proc., § 391.1.) The 30‐day time limit will run from the service of the minute order by the clerk. (Code Civ. Proc., § 1013, subd. (a).) This action is stayed pending proof that such security has been furnished, and if no security is posted within the time allowed, the case shall be dismissed by the court upon ex parte application therefor by defendants. (Code Civ. Proc., § 391.4...

Excerpt: ...ge Point Finance, LLC's demurrer to the second, seventh and eighth causes of action, with leave to amend. To overrule on all other grounds. Plaintiff shall serve and file his amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Plaintiff filed the operative verified First Amended Complaint (“FAC”) against defendant Karen Aminian for eight causes of action: (1) brea...

Excerpt: ... violation of FEHA, as well as the claim for failure to prevent discrimination and retaliation, on the ground that plaintiff cannot prove an essential element of his claims, namely that he was competently performing his job at the time of the termination. In addition, the County claims that it had a legitimate, nondiscriminatory reason for terminating plaintiff, and plaintiff cannot show that the stated reason for his termination was merely a pre...

Excerpt: ...o the “American rule” that each party bears its own attorney fees. (Olson v. Automobile Club of Southern California (2008) 42 Cal.4th 1142, 1147.) The fundamental objective of the private attorney general doctrine is to encourage suits enforcing important public policies by providing substantial attorney fees to successful litigants in such cases. (Graham v. DaimlerChrysler Corp. (2004) 34 Cal.4th 553, 565 (Graham).) Under section 1021.5, the...

Excerpt: ... does not appear that plaintiff has a viable plan to bring the case to trial before the deadline expires. (Duran v. U.S. Bank Nat. Assoc. (2014) 59 Cal. 4th 1, 32.) Plaintiff is incorrect that the statutory deadline to bring the case to trial is tolled by CCP section 1775.7(b). As defendant points out, that portion of the CCP only applies to the Los Angeles County Superior Court, and other courts that expressly opt into the pilot program for cour...

Excerpt: ...very. To grant the request for terminating sanctions in favor of defendant Marco Martinez and against plaintiffs Jose Luis Madrigal and Marisela Mendez‐Hernandez. Defendant is directed to submit to this court, within 7 days of service of the minute order, a proposed judgment dismissing this action. To grant monetary sanctions in the amount of $1,840.00, payable by plaintiffs within 20 calendar days of the date of this order, with the time to ru...

Excerpt: ...l.App.4th 367.) To deny the motion to set aside the September 20, 2019 power of attorney. (Prob. Code, § 811, subd. (a)‐ (d).) Explanation: Since the Luis G. Cobarruvias (“Luis”) is the defendant in the unlimited civil action, but also the plaintiff in the unlawful detainer action, all parties will be referred to by their names, to avoid confusion. Motion to Consolidate: Under Code of Civil Procedure, section 1048, subdivision (a), "[w]hen...

Excerpt: ...f sought only a claim on a statutory bond. On October 15, 2020, Hudson filed a verified cross‐complaint in the present action seeking, among other things, an interpleader to deposit the sum amount held in surety under applicable statutory bond, and to disclaim any interest in such amount. On October 21, 2020, the court received a deposit of interpleader from Hudson in the amount of $50,000. On November 9, 2021, the court granted the discharge o...

Excerpt: ...pare his or her action “while alleviating [defendant's] difficult choice between defending either the civil or criminal case.” (Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690.) Pursuant to both the United States and California constitutions, a person has the right to refuse to answer potentially incriminating questions put to him or her in any proceeding. (U.S. Const., 5th Amend.; Cal. Const., art. 1, § 15; see Evid. Code §94...

Excerpt: .... The trial date set for June 27, 2022, is vacated, as is the Trial Readiness hearing set for June 24, 2022. To grant the request for attorney fees in the amount of $2,122.50. To deny the request that the court find plaintiff in contempt of court and order contempt sanctions, as the order dismissing the action is sufficient. Explanation: Once a motion to compel a party to comply with a discovery request is granted, continued failure to comply may...

Excerpt: ...e the September 12, 2022 trial date. Explanation: A trial court shall grant summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., §437c, subd. (c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The moving party bears the burden of showing the court that the plaintiff 'has not established, and cannot reasonably expect to establish, a prima facie ...

Excerpt: ...rve and file her second amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: First, to the extent that defendant argues that the opposition was not properly served and thus the court should disregard it, defense counsel has forfeited this argument by arguing the merits of the opposition in the reply. Nor has counsel shown that she was prejudiced by the allegedly improper ser...

Excerpt: ...y sanctions to plaintiff's counsel within 30 days of the date of service of this order. Explanation: “If a party desiring to take the deposition of an expert witness under this article deems that the hourly or daily fee of that expert for providing deposition testimony is unreasonable, that party may move for an order setting the compensation of that expert. Notice of this motion shall also be given to the expert.” (Code Civ. Proc., § 2034.4...

Excerpt: ...., § 473c, subd. (c).) Where defendant is the moving party, summary judgment is proper where defendant demonstrates the absence of an essential element of the plaintiff's case. (Dolquist v. City of Bellflower (1987) 196 Cal.App.3d 261, 266.) “Because of the very drastic nature of the summary judgment statute, power given thereby should be used with caution, and hence when there is doubt as to the propriety of the motion, courts should, without...

Excerpt: ...tion it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere.” (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751 (Stangvik).) The availability of a suitable alternative forum for the action is critical. As noted by the United States Supreme Court: “In all cases in which the doctrine of forum non conveniens comes into play, it presupposes at least two forums in which the d...

Excerpt: ...propria persona. (Code Civ. Proc., § 391.7.) Explanation: “The vexatious litigant statutes were created to curb misuse of the court system by those acting in propria persona who repeatedly file groundless lawsuits or attempt to relitigate issues previously determined against them.” (Goodrich v. Sierra Vista Regional Medical Center (2016) 246 Cal.App.4th 1260, 1265.) The statutes were intended to “address the problem created by the persiste...

Excerpt: ...ons shall be in boldface type. Explanation: Demurrer to Complaint Initially, defendants demur to the entire Complaint on the ground that plaintiffs fail to state a cause of action against Maria Navarro because the alter‐ego allegations are insufficient. “To recover on an alter ego theory, a plaintiff need not use the words ‘alter ego,' but must allege sufficient facts to show a unity of interest and ownership, and an unjust result if the co...

Excerpt: ...gs suit for public disclosure of private facts, intrusion into private affairs, defamation, and false light. Plaintiff alleges, among other things, that he and defendant formerly dated from 2016 to 2018; that in June 2020, defendant began making statements about the parties' relationship; that those statements portrayed plaintiff's actions as unreasonable and unwelcome, and that the parties never dated; that defendant threatened to publish intima...

Excerpt: ... 2022 trial date. (Code Civ. Proc., § 473, subd. (a)(2).) The parties are directed to appear at the hearing to schedule a new trial date. Explanation: Plaintiff seeks leave to amend to substitute defendant's true name, Kristine Lynn Ballantyne, as trustee of the Kristine Lynn Ballantyne Revocable Trust dated August 17, 2018 (“Kristine as Trustee”), for Doe 1. Additionally, plaintiff seeks to add allegations, causes of actions and prayers per...