Excerpt: ...law. The declarations of Dr. Friedlich and Dr. Blake present undisputed expert opinion that the medical care provided by defendant's employees fell within the applicable standard of care and did not proximately cause plaintiffs' alleged injuries. By not providing conflicting expert evidence to oppose the motion, plaintiffs have failed to meet their burden of showing a triable issue of material fact. (See Munro v. Regents of Univ. of Calif. (1989)...

Excerpt: ...at service by publication be utilized only as a last resort.” (Watts v. Crawford (1995) 10 Cal.4th 743, 749.) If defendant's mailing address in California is known (as reportedly it is here), reasonable attempts must be made to serve defendant by mail pursuant to Code of Civil Procedure section 415.30 before seeking an order for publication of summons. (Transamerica Title Ins. Co. v. Hendrix (1995) 34 Cal.App.4th 740, 745.) ...

Excerpt: ...t prevent the Court from granting the unopposed motion. First, plaintiff seeks to recover an amount of attorney's fees not recoverable under the terms of the contract. The attorney's fees provision states in pertinent part, “you agree to pay our reasonable attorney's fees not to exceed 20% of the loan amount due.” (Smith Decl., Exh. 1, page 3, section 6.) As a result of this contractual limitation, undisputed material facts 6 and 7 are incons...

Excerpt: ...based on the attorney's mistake, inadvertence, surprise or neglect. The dismissal is set aside. Pursuant to Code of Civil Procedure section 473, subdivision (b), the Court directs attorney Mina L. Ramirez to pay reasonable compensatory legal fees and costs to defendant Costco Wholesale in the amount of $1,170.00, due and payable ten days after the date of entry of the Court's order setting aside the dismissal. The Court schedules a case managemen...

Excerpt: ...2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Note: Notifying Court Call of your intent to appear does not satisfy the requirement of notifying the court. plaintiff must first move for an order compelling further response before seeking an order compelling compliance. In his reply, plaintiff...

Excerpt: ...s before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Note: Notifying Court Call of your intent to appear does not satisfy the requirement of notifying the court. The general demurrer by defendant JPMorgan Chase Bank, N.A. (hereinafter “Chase”) to each cause of action of the verified complaint on the ground that the cause of action is ti...

Excerpt: ...ies before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Note: Notifying Court Call of your intent to appear does not satisfy the requirement of notifying the court. the answer are not so uncertain, ambiguous, and unintelligible that plaintiff is not reasonably apprised of the defense asserted by defendant. Further, an objection that the comp...

Excerpt: ...nt by applying a lodestar multiplier of 1.5 to the $54,545.00 in legal services provided by Knight Law Group LLP (for a total of $81,817.50), and then adding the $82,010.00 in legal services provided by Wirtz Law APC plus $15,682.73 in costs and expenses. The prevailing party is directed to prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide notic...

Excerpt: ...'s answers are incomplete and defendant has not met its burden of justifying its numerous objections on the grounds the interrogatories are vague, ambiguous, overbroad, burdensome, unintelligible, invasive of an individual's right of privacy, seek information that is not relevant or reasonably calculated to lead to the discovery of admissible evidence, and seek discovery of information subject to the attorney‐client communication and work produ...

Excerpt: ...r sanctions for misuse of the discovery process is DENIED. Section 425.11 does not contain a costs and fees provision. Further, the Section 425.11 procedure is outside the Civil Discovery Act and therefore the Act's sanctions provision (Code Civ. Proc., § 2023.010, et seq.) is inapplicable. (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2018) ¶ 8:1764.) The prevailing party is directed to prepare a written order cons...

Excerpt: ...1, 377.32.) In its opposition, defendant informed the court that plaintiff died more than eight months ago on or about October 3, 2017. Plaintiff's counsel in his reply brief does not dispute that plaintiff is deceased and that the court has not appointed a successor in interest to continue decedent's causes of action. Until a personal representative or successor in interest is appointed, the Court declines to rule on plaintiff Mark Braswell's mo...

Excerpt: ...ode of Civil Procedure sections 2023.030 and 2031.300(c), the Court imposes a mandatory monetary sanction against plaintiff Khushi Freight Carriers, Inc. in connection with the present motion in the amount of $490.00 due and payable to defendant twenty days from notice of entry of order. In accordance with Code of Civil Procedure sections 2023.030, 2030.290(c), and 2031.300(c), the Court imposes a mandatory monetary sanction against plaintiff Khu...

Excerpt: ... a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide notice thereof to the opposing party/counsel as required by law and the California Rules of Court. The order is to be submitted by electronic filing to Temporary Judge David A. Foster. ...

Excerpt: ...18 at 8:15 a.m. in Courtroom 8. The Court directs the court processing clerk to provide notice of the trial setting conference. The Court on its own motion corrects the clerical error contained in the order filed on June 13, 2018 granting the motion to be relieved as counsel. The formal order fails to indicate the effective date of the order as stated in the court's minute order on June 11, 2018. The June 13, 2018 order is amended at section 5(a)...

Excerpt: ...vailing party is directed to prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide notice thereof to the opposing party/counsel as required by law and the California Rules of Court. The order is to be submitted by electronic filing to Hon. Brian McCabe. ...

Excerpt: ...f 1.5 to the amount of attorney's fees and then added plaintiff's expenses of $5,484.04 to determine the total amount of statutory costs and expenses. The prevailing party is directed to prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide notice thereof to the opposing party/counsel as required by law and the California Rules of Court. The order i...

Excerpt: ...must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Note: Notifying Court Call of your intent to appear does not satisfy the requirement of notifying the court. GRANTED as the amendment to the complaint without leave of court is not authorized by statute or prior court order. The Court notes there is a p...

Excerpt: ...nty of Merced on or about November 29, 2017 as document numbers 2017040490 and 2017040491 is GRANTED. Defendant has not met his burden of establishing by a preponderance of the evidence the probable validity of any real property claim asserted by defendant in the present action. (Code Civ. Proc., § 405.32.) Pursuant to Code of Civil Procedure section 405.38, the moving party is awarded its reasonable attorney's fees and costs in an amount subjec...