Excerpt: ...Plaintiff to Defendant Citibank, N.A. is sought in connection with the Second Amended Complaint's Fifth Cause of Action for Negligence against Defendant Citibank, N.A., and Sixth Cause of Action for Conversion against Defendant Citibank N.A., brought in connection with alleged actions by Plaintiff that Defendant Citibank N.A. failed to comply with its own internal procedures in connection with an alleged embezzlement by Defendant Chima. Defendant...

Excerpt: ... admissible evidence creating a triable issue of material fact. Plaintiffs fails to do so. The declarations of Michael German and Kathleen Frazier submitted by Defendant Athenahealth, Inc. provide credible admissible evidence that athenaNet complies with both California Health and Safety Code § 123149(b) and California Civl Code § 56.101 in that it “keeps a record of, or audits every instance of user activity in the application” and that �...

Excerpt: ...th a copy of the summons and complaint by substitute service in 2015, did not learn of the lawsuit until June 27, 2018, and defendant's lack of actual notice of the lawsuit was not the result of evasion of service. 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 a...

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...