Excerpt: ...rticipation) motion is entitled to attorney fees. (Code Civ. Proc., S 425.16, subd. (c)(l).) Even where the plaintiff dismisses the action or part of the action prior to the hearing, courts have uniformly held that the trial court retains jurisdiction to award attorney fees against the plaintiff. (Coltrain v. Shewalter (1998) 66 Cal.App.4th 94, 107.) A number of courts have held that the determinative question as to whether fees should be awarded...

Excerpt: ...ithin 20 days of the clerk's service of this order. New or different allegations in a Third Amended Complaint are to be set in boldface type. To strike and overrule the demurrer by HSBC Bank, LISA and Mortgage Electronic Registration System. Explanation: Demurrer by Wells Fargo Bank, N.A. ("Wells Fargo") "To withstand a demurrer, a complaint must allege ultimate facts, not evidentiary facts or conclusions of law." (Logan v. Southern Cal. Rapid Tr...

Excerpt: ...g the following factors (evaluated as of the time of the settlement): 1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; 2) the amount paid in settlement; 3) a recognition that a settlor should pay less in settlement than if found liable after a trial; 4) the allocation of the settlement proceeds among plaintiffs; 5) the settlor's financial condition and insurance policy limits, if any; and 6) eviden...

Excerpt: ...laremont Capital Partners, LLC dba Ocean Grown Extracts dba Evidence ("Claremont LLC"), and four new causes of action relating to these parties' interference with the business and contractual relations between plaintiff and defendant Latchkey Pioneers, LLC ("Pioneers"). Plaintiff has met the formalities required of a motion to amend the Complaint, and has given due notice to all appearing defendants. Motions for leave to amend pleadings are direc...

Excerpt: ...creditor of a lesser sum in full satisfaction of the judgment." (Code Civ. Proc., S 724.010, subd. (a).) "For the purposes of subdivisions (b) and (c), the date a money judgment is satisfied in full or in part is the earliest of the following times: (2) The date satisfaction is tendered to the judgment creditor or deposited in court for the judgment creditor." (Code Civ. Proc., S 585.030, subd. (d)(2).) Upon satisfaction of the judgment, the judg...

Excerpt: ...ere preference is to be granted based on age, medical reasons, in the interests of justice, or based on time for trial. Here, plaintiff and cross-defendant are requesting preference based on the Code of Civil Procedure section 36, subdivision (a). Subdivision (a) provides: (a) A party to a civil acton who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings:...

Excerpt: ...") for indemnity and declaratory relief, pursuant to Code of Civil Procedure section 426.50. Defendant contends that it seeks to state a claim against plaintiff for issues arising out of the same facts and incidents alleged by plaintiff in the first amended complaint. As defendant seeks to state a claim against plaintiff related to plaintiff's causes of action, the cross-complaint is compulsory. (Code Civ. Proc. S 426.30, subd. (a).) Where a prop...

Excerpt: ... only the evidence on reply may be filed by plaintiff no later than on Friday, June 16, 2023, at 5:00 p.m. A response to plaintiff's briefing may be filed by PVB no later than on Thursday, June 22, 2023, at 5:00 p.m. Explanation: A defendant who prevails on an ant-SLAPP (Strategic Litigation Against Public Participation) motion is entitled to attorney fees. (Code Civ. Proc., S 425.16, subd. (c)(l).) Even where the plaintiff dismisses the action o...

Excerpt: ...tacking the same pleading, set to be heard over a month apart. In the interests of judicial economy, the court continued Dr. Montgomery's motions to be heard jointly with Dr. Smith's motion on June 13, 2023. Because plaintiff's counsel failed to cooperate with defendants' efforts to meet and confer in connection with their challenges to the original Complaint, on October 4, 2022, the court ordered: "In light of plaintiff's counsel's refusal to me...

Excerpt: ... amend. (Code Civ. Proc. S 430.10, subd. (e).) To overrule the demurrer on all other grounds. (Code Civ. Proc. S 430.10, subd. (e),(f).) Plaintiff shall file and serve an amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: On August 22, 2022, plaintiff filed suit against defendants California Department of State Hospitals ("CDSH"), Robert Withrow, Brandon Price, Stanf...

Excerpt: ...o contnue the demurrer to June 28, 2023, at 3:30 p.m. in Department 501. The deadlines for opposition and reply papers will remain the same as for the original hearing date. Explanation: On 12/23/22, a motion to dismiss was filed by defendants Bank of America, N.A. (for itself and as successor by merger to BAC Home Loans Servicing, LP and Recontrust Company, N.A.), Mortgage Electronic Registration Systems, Inc., MERSCORP Holdings, lnc„ and The ...

Excerpt: ...y is certain, the motion may be renewed. To overrule the objections of Amazing Energy Partners, Inc. Explanation: Interpleader, Generally "When a person may be subject to conflicting claims for money or property, the person may bring an interpleader action to compel the claimants to litigate their claims among themselves." (City of Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1122.) "An interpleader action is an equitable proceeding. [Citatio...

Excerpt: ...iego (2020) 59 Cal.App.5th 63, 72.) Government Code section 911.2, subdivision (a), provides that such a claim is to be presented no later than six months after the accrual of the cause of action. (Gov. Code, S 911.2; Munoz v. State of California (1995) 33 Cal.App.4th 1767, 1776.) The policy behind the requirement to file a timely claim is threefold, as it 1) gives the entity an opportunity to promptly remedy the condition, 2) allows the entity t...

Excerpt: ...s may be determined by the court to be in "good faith." If the court does so, this bars any other joint tortfeasor from any further claims against the settling defendant for equitable comparative contribution, equitable indemnity or comparative fault. (Code Civ. Proc„ S 877.6, subd. Tech-Bilt v. Woodward-Clyde & Associates ("Tech-Bilt") provided the following non-exclusive list of factors for the court to consider in determining the "good faith...

Excerpt: ...over and CA Slover Trucking's motion for summary judgment. To grant defendants Slover and CA Slover Trucking, joined by defendants Freshko Produce Services, LLC and Barnes, motion for summary judgment of the Complaint. The prevailing parties are directed to submit to the court, within 5 days of service of the minute order, a proposed Judgment consistent with the court's summary judgment order. Explanation: Defendants Slover and CA Slover Trucking...

Excerpt: ...rocedure section 473, subdivision (b). That statute provides that "[t]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise...

Excerpt: ...2031.300, subd. (a) [production of documents), 2033.280, subd. (a) [admissions].) Explanation: Defendant Ranthisi Rowel's discovery responses (Form Interrogatories, Requests for Admissions, Special Interrogatories, and Requests for Production of Documents, all Set One) were served three days late. Plaintiff had granted two extensions of time, with the final extension making the responses due on November 28, 2022. The responses were finalized on N...

Excerpt: ...the merits of the issues, but merely discovers, through the medium of affdavits or declarations, whether there are issues to be tried and whether the parties possess evidence that demands the analysis of a trial. (Melamed v City of Long Beach (1993) 15 cal.App.4th 70, 76; Malko v Holy spirit Ass n (1988) 46 cal.3d 1092, 1107; Schwoerer v Union Oil Co. (1993) 14 Cal.App.4th 103, 110.) In short, the motion is not a substitute for a bench trial. A s...

Excerpt: ... (Code Civ. Proc. S 396b, subd. (b).) Explanation: This is an insurance bad faith achon in which plaintiffs sued two corporations and multiple individual defendants. No defendant resides in Fresno County, though the underlying auto accident occurred in Fresno County. Moving party's headquarters and principal place of business are in Orange County; Andrea Condrey resides in Orange County; Alexander Morales resides in Los Angeles County; Timothy St...

Excerpt: ...oc., S 128.5.) To impose sanctions in the amount of $750 against defense counsel, David V. Roth, and his law firm, Manning & Kass, Ellrod, Ramirez, Trester LLP, pursuant to Code of Civil Procedure section 177.5 for failing to appear at the April 12, 2023, hearing in violation of a court order. Sanctions are due and payable to the court within 30 days of the date of this order, with the time to run from the service of this minute order by the cler...

Excerpt: ..., and number 14 (last sentence), but to overrule the rest of these objections. As to defendant's evidentiary objections, to overrule numbers 1, 3, 4, 5, 6, 7 and 9, and to sustain numbers 2 and 8. Explanation: The parol evidence rule is not merely an evidentiary rule, but is a rule of substantive law. (Alling v. Universal Manufacturing Corp. (1992) 5 Cal.App.4th 1412, 1433.) It "generally prohibits the introduction of any extrinsic evidence, whet...

Excerpt: ...t One); and 5) for Monetary Sanctions Jointly Against All Defendants Tentative Ruling: To continue the hearing on the motions to Thursday, June 29, 2023, at 3:30 p.m. in Department 501, in order to allow the parties to meet and confer in person or by telephone, as required for the moton to strike. If this resolves the issues, plaintiff shall call the court to take the motion off calendar. If it does not resolve the issues, counsel for plaintiff s...

Excerpt: ...o deny all motions. Explanation: These motions were continued from April 11, 2023, because plaintiff's counsel had not attached to the motions defendants' discovery responses, which was necessary for the court to determine when and how the responses were served, and to determine if the responses were accurately stated in the Separate Statements for each motion. Plaintiff's counsel has now supplied the responses via three separate supplemental dec...

Excerpt: ...e remaining civil proceedings are stayed pending the outcome of this arbitration motion. Explanation: Defendants Cerca Trova Steakhouse, LP., Cerca Trova Steakhouse, Inc., Cerca Trova Restaurant Concepts, Inc., T-Bird Restaurant Group, Inc., and Out West Restaurant Group, Inc. move for an order compelling arbitration under the Federal Arbitration Act, and request to dismiss, or alternatively, stay the action pending arbitration. Pursuant to the F...

Excerpt: ...dants regarding breaches to a lease-option agreement of agricultural property. Plaintiff brings six causes of action: (1) breach of contract of lease of agricultural property; (2) breach of contract of purchase of a residence; (3) breach of implied covenant of good faith and fair dealing; (4) breach of implied contract related to agricultural property", (5) conversion related to sublease of agricultural property; and (6) intentional interference ...