Excerpt: ...der Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not moving party is present at the hearing. Plaintiff and Judgment Creditor Don Weil moves for an order to show cause re: Contempt and for sanctions and attorneys' fees on the grounds of Defendant Matt Follner's on‐...

Excerpt: ...ct. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not moving party is present at the hearing. Defendant Scotti Stark moves for an order setting aside the default and default judgment entered against him on grounds that the default was taken through mistake, inadvertence, surprise and excusable negle...

Excerpt: ... 49 upon their refiling of the subject declaration of Noel S. Cohen. The motion is GRANTED in all other respects. Cross‐Defendants RO Sales and Distribution Services, Inc. and Pacific Highway Wines & Spirits, LLC (collectively Pacific) moves, pursuant to Rules of Court, rules 2.550 and 2.551, for an order sealing unredacted versions of certain exhibits to the Declaration of Noel S. Cohen filed in support of V2's Opposition to Pacific's Motion f...

Excerpt: ...ves, pursuant to Code of Civil Procedure sections 2031.010, 2031.310, 2023.010 and 2031.310, subdivision (h), and Evidence Code section 1016, for an order compelling Plaintiff Dora Itzul Padilla's further responses to Defendant's request for production of documents, set one, and for monetary sanctions. The motion is made on the grounds that Plaintiff has asserted vague and meritless objections in purported support of her failure to produce docume...

Excerpt: ...dent Taggart LLC (“Plaintiff”) to arbitrate a controversy between the parties pursuant to an agreement between the parties, and staying the action pending completion of arbitration. I. LEGAL STANDARD Code of Civil Procedure section 1281.2 requires a trial court to grant a petition to compel arbitration “if [the court] determines that an agreement to arbitrate the controversy exists” unless it determines that enumerated exceptions – not ...

Excerpt: ...tantial risk of injury to users exercising due care and (b) Plaintiff does not have and cannot reasonably obtain evidence that the subject roadway proximately caused his injuries, and (2) Plaintiff's second cause of action for failure to warn of dangerous condition of public property fails because it is derivative of his first cause of action. 3 I. PROCEDURAL MATTERS: DEFENDANT'S SEPARATE STATEMENT Throughout its motion, Defendant cites to portio...

Excerpt: ...atories (set one), and request for production of documents (set one) within 10 calendar days of service of notice of entry of order. Plaintiff is ordered to pay to Defendants, care of their attorneys, sanctions in the amount of $550.00 no later than 10 days after notice of entry of this order. Defendants Arco Smog Pro and Dhillon Arco AM/PM & Arco Station (erroneously sued as Kulbir S. Dillon), individually and doing business as Soscol Arco Smog ...

Excerpt: ...SJH is entered into in good faith. 2 “[T]he intent and policies underlying section 877.6 require that a number of factors be taken into account including a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were found liable after a tri...

Excerpt: ... to the settlement agreement. The requested relief is for the Court to approve the settlement and each of the terms as being in the best interest of the parties and to end expensive protracted ongoing litigation between the parties. The governing statute for the determination of a good faith settlement that resolves the claims of only some, and not all, defendants in civil actions is Code of Civil Procedure section 6 877.6. Plaintiff Blue Bay Ven...

Excerpt: ...e answer attached to the motion. 1 The Court orders a Case Management Conference set for November 15, 2022, at 8:30 a.m. in Dept. A. Defendant Christopher Bearman moves, pursuant to Code of Civil Procedure section 473.5, “for an order setting aside the Unlawful Detainer Default and Default Judgment entered against Defendant. This motion is made on the grounds that service of the Summons and Complaint did not result in actual notice of the actio...

Excerpt: ...n the amount of $8,507.00 no later than 10 days after notice of entry of this order. I. PROCEDURAL MATTERS Defendant moves, pursuant to Code of Civil Procedure section 425.16, to strike the TAC and for an award of attorney fees for costs incurred in bringing this motion. The motion is brought on the grounds that each of the claims asserted against the District arise out of written 4 and oral communications protected under Code of Civil Procedure ...

Excerpt: ...et One, and John Reagan's Special Interrogatories, Set One. Plaintiff also seeks sanctions in the amount of $4,905.60 on the grounds that the “propounding parties have provided no facts supporting the contention that more than 35 interrogatories are necessary and the discovery is unreasonably cumulative, duplicative, and not reasonably calculated to lead to the discovery of admissible evidence. This discovery was propounded to generate unwarran...

Excerpt: ...Interrogatories, Set Two; Supplemental Interrogatories, Set One; and Supplemental Requests for Production of Documents, Set One (collectively the Subject Discovery). The Court finds, based on the evidence presented, as follows. Adventist Health served the Subject Discovery on Plaintiff on February 3, 2022. (See Declaration of Parysa Ghazizadeh at ¶ 4 (Ghazizadeh Decl.).) Written responses were therefore due on or before March 11, 2022. (See Code...

Excerpt: ...s) request for leave to defend the action with respect to Amani is GRANTED, but, with respect to Sharif, is MOOT, as personal jurisdiction has not been, and likely cannot be, established as against him given his passing. Finally, Amani is granted 10 days' leave to file the answer attached to the motion, as revised to remove Shayne One to reflect this order. The Court orders a Case Management Conference set for November 10, 2022 at 8:30 a.m. in De...

Excerpt: ...ance of the legal causes of action contained in Defendants' cross‐complaint to be tried to a jury. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 rema...

Excerpt: ...ynn Maaskamp in response to Requests for Production of Documents, Set Five.”2 (Notice of Motion at 1:22‐27.) The requests that are the subject of the motion are numbered 50‐ 53, 59‐70, 72‐82 and included in Requests for Production of Documents, Set Five propounded on Plaintiff Lynn Maaskamp. (See Defendant's Separate Statement at pp. 6‐83.) Defendant's Request for Judicial Notice filed March 29, 2022 is DENIED on the grounds that none...

Excerpt: ...ve and file an Amended Opposition no later than May 25, 2022. Any Amended Opposition should be a complete and self‐contained opposition and not simply an addendum to the opposition memorandum filed April 21, 2022 and shall comply with all 2 procedural requirements for oppositions to motions.1 Plaintiff is then granted leave to serve and file, no later than May 27, 2022, a complete and self‐contained amended Reply that complies with all proced...

Excerpt: ... set for October 26, 2022, at 8:30 a.m. in Dept. A. 1 For reasons relating to the maintenance of Court files the Court does not deem pleadings attached as exhibits to other matters “filed.” 2 Defendant Greg Hoffman moves, pursuant to Code of Civil Procedure section 473, subdivision (b), “for an order granting the motion to set aside the default and default judgment in favor of Defendant” on the grounds that the failure to timely respond w...

Excerpt: ... DENIED. Respondent Deborah Jeanne Miller, trustee of the Elizabeth Anne Miller Residence Trust, (Respondent) moves to quash the March 15, 2022 Deposition Subpoean for Production of Business Records (Subject Subpoena) propounded on non‐party Early Warning Services, LLC (EWS) by Petitioner Duncan Mackenzie Miller on the grounds that: (a) the Subject Subpoena is overbroad as to time and scope; (b) is designed to cause Respondent unwarranted annoy...

Excerpt: ...Civil Procedure sections 430.10, 430.30, and 430.50, to the Third Amended Verified Complaint (TAC) filed by Plaintiff/Petitioner (Plaintiff) on the grounds that Plaintiff fails to allege facts sufficient to state a claim. Both of Plaintiff's requests for judicial notice, filed on March 16, 2022, and April 26, 2022, are DENIED. None of the subject documents are relevant to the Court's resolution of the issues raised by the demurrer. Moreover, the ...

Excerpt: ...he subpoena duces tecum (Subpoena) issued by Defendant Pacific States Petroleum, Inc. (Defendant) served on Key Health Medical Solutions, Inc. (Key Health). The motion is made on the grounds that (1) the Subpoena invades Plaintiff's constitutional right to privacy as it requests records unrelated to the injuries subject to the lawsuit; (2) the patient‐litigation exception only extends to information relating to medical conditions in question; (...

Excerpt: ...ecord within the time limits prescribed by Code of Civil Procedure section 1005, subdivision (b). Dr. Bina is ordered to meet and confer pursuant to Code of Civil Procedure sections 430.41 and 435.5 prior to service on Plaintiffs. Dr. Bina may file and serve new moving papers so long as they are self‐contained. If Dr. Bina elects to not file new moving papers, the Court will consider those filed on March 29, 2022 as operative. Plaintiffs may se...

Excerpt: ...prior trial continuances, (2) the parties have agreed to private mediation on July 18, 2022, which falls after the current trial date of July 11, 2022, (3) a trial continuance would permit the parties to engage in settlement negotiations and avoid potentially unnecessary trial preparation costs and time, as well as additional time to conduct discovery and depositions, (4) cross‐defendant Sandin Manufacturing, Inc. only recently appeared in this...

Excerpt: ...r responses to Plaintiff's Special Interrogatories, Set Two, on the grounds that Defendant did not provide sufficient responses and that Defendant's objections thereto are without merit. 5 A civil litigant's right to discovery is broad. “[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action ... if the matter either is itself admissible in evidence or appears ...

Excerpt: ...the date that mediation has completed. The parties may stipulate to alternative timing or, as necessary, may bring a motion after having met and conferred in good faith to attempt informal resolution of any issues. The entire case is HEREBY STAYED while mediation and arbitration are conducted. However, the case management conference set for July 28, 2022 shall remain on calendar, unless vacated by dismissal of the matter upon successful resolutio...