Excerpt: ... further responses to Plaintiff's First Set of Demands for Document Production on three grounds: (1) Defendant failed to identify the specific requests which correspond to the documents produced, in violation of Code of Civil Procedure, section 2031.280, subdivision (a); (2) Defendant's representation of inability to comply is inadequate, incomplete and/or evasive and Defendant's other objections are without merit or too general; and (3) Defendan...

Excerpt: ...orneys' fees incurred in bringing the motion. This is substantially the same motion brought by Plaintiff on April 19, 2022. The Court denied the April 19, 2022 motion, without prejudice, because Plaintiff had failed to served Defendant's counsel of record, Buchalter. Despite the Court's ruling on the April 19, 2022, the proof of service of Plaintiff's instant motion indicates that Plaintiff provided notice only to Defendant and not Defendant's at...

Excerpt: ...to the settlement over which SLF seeks a determination. The notice of motion indicates the settlement is with Plaintiffs. (See Notice of Motion at 1:27‐2:2.) SLF even suggests that no other party to the litigation is a party to the subject settlement agreement. (See id. at 2:16‐19.) However, and of apparent importance to SLF, it further appears that Plaintiffs assert no claim in this action against SLF. (See First Amended Complaint.) Rather, ...

Excerpt: ...ion (b). Defendant is granted 30 days to post a bond compliant with section 917.1, subdivision (b). So long as Defendant complies herewith, enforcement of Plaintiff's attorneys' fee award is stayed pending resolution of the appeal. A. PROCEDURAL MATTERS Defendant Stone Brewing Co. LLC (“Stone”) moves, pursuant to Code of Civil Procedure sections 916(a) and 917.1(d), for an order enforcing an automatic stay of Plaintiff West Pueblo Partners, L...

Excerpt: ...ct. Plaintiff argues for such relief, in essence, on the grounds that Defendant had a defense to the claims set forth in the Complaint. Specifically, Plaintiff filed this action for breach of a credit cardholder's agreement and prayed for money judgment in the amount of $6,458.45. (See Complaint.) 3 Plaintiff now argues that, in 2011, at the time the action was filed, Defendant had filed a fraud claim with Plaintiff regarding the subject credit c...

Excerpt: ...AMEND. Defendant's special demurrer for uncertainty and general demurrer on the first and fourth causes of action are OVERRULED. Plaintiffs are granted 10 days' leave to file and serve an amended complaint conforming to this ruling. (See Rules of Court, rule 3.1320, subd. (g).) Defendant is directed to provide notice. I. PROCEDURAL MATTERS Defendant Ioana Anca Bina M.D. (“Dr. Bina”) demurs, pursuant to Code of Civil Procedure section 430.10, ...

Excerpt: ...e following grounds: “(1) Trial counsel for Defendants is unavailable due to conflicts that have arisen which could not be anticipated; (2) Defendants have been unable to obtain crucial evidence, despite Defendants' diligent efforts; (3) no parties or witnesses will be prejudiced by this continuance; (4) the requested continuance would free up the court's docket at time when courtrooms and other court resources are strained by the backlog of ci...

Excerpt: ... the motion,” and based on their attorney's affidavit of fault. The Court is without jurisdiction to consider the motion on two separate grounds. First, there is no proof of service of the moving papers on any of the Defendants. “The court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.” (Diaz v. Prof. Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204‐05.) Because th...

Excerpt: ...his ruling. (See Rules of Court, rule 3.1320, subd. (g).) Cross‐ Defendant is directed to provide notice. I. PROCEDURAL MATTERS Cross‐Defendant Thang Nguyen (“Nguyen”) demurs, pursuant to Code of Civil Procedure section 430.10, to the seven causes of action asserted against him in Defendants / Cross‐Complainants' Kieu Hoang (“Hoang”), Kieu Hoang Winery, LLC (“KH Winery”), and RAAS Nutritionals, LLC (“RAAS”) (collectively, �...

Excerpt: ...aintiff Mariela Zavala De Marcelo to serve responses to Longwood's First Set of Special Interrogatories and Requests for Production of Documents and Jacques' First Set of Special Interrogatories and Requests for Production of Documents (Subject Discovery). Defendants further move for an order requiring Plaintiff and his counsel of record Mark Basil Pappas to pay monetary sanctions in the amount of $1,215. 3 The moving party failed to include in t...

Excerpt: ...omplainant V2 Wine Group, LLC's (V2) fifth cause of action for intentional interference with existing contract on the grounds that V2 is unable to produce evidence of any of the following: (1) that Pacific had, at the time of the alleged breach, knowledge of the contract provision that was allegedly breached; (2) 2 that Pacific committed any intentional act designed to induce the alleged breach; or (3) that any alleged breach was caused by any ac...

Excerpt: ...to give Defendant notice of the continued hearing. 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. The moving party is therefore 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 remain in effect. However, the Court may...

Excerpt: ...not alleged facts sufficient to constitute a defense.1 A plaintiff is entitled to judgment on the pleadings upon a showing that “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (§ 438, subd. (c)(1)(A).) “In addition to the facts pleaded, we may consider matters that may be judicially noticed, inclu...

Excerpt: ... objection to Exhibit Z of the Declaration of James Vorhis (Vorhis Decl.) is OVERRULED as no grounds are asserted in support thereof. The objection to the quoted portion of paragraph 2 of the Declaration of Kevin Berofsky (Berofsky Decl.) is SUSTAINED on grounds it lacks foundation and is speculative. The objections to paragraphs 3 and 4 of the Berofsky Decl. are OVERRULED. The remainder of Defendants' objections are MOOT as none of the evidence ...

Excerpt: ...Development, LLC (“Third Street”), as assignee and substituted party for Plaintiff Syar Concrete, LLC (“Syar”) (collectively, “Plaintiff”),1 moves, pursuant to Code of Civil Procedure section 437c, for summary judgment against Defendants Atlantic Specialty Insurance Company (“Atlantic”),2 RLM Construction Services, Inc. (“RLM”) and Michael Reyes (“Reyes”). RLM and Reyes are hereinafter collectively referred to as “Defend...

Excerpt: ...OCEDURAL MATTERS Defendants Gracy Towing, Samuel Gracy, and Orilea Gracy (collectively Defendants) demur, pursuant to Code of Civil Procedure section 430.10, subdivisions (e) and (f), to the Second and Fourth causes of action asserted against them through the Amended Complaint on the grounds that each cause of action fails to allege facts sufficient to state a good cause of action and that each is uncertain. The moving party failed to include in ...

Excerpt: ...motion for summary judgment MOOT. [3] RICHARD J. PARENT M.D. AND ADVENTIST HEALTH CALIFORNIA MEDICAL GROUP, INC.'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION TENTATIVE RULING: The motion is GRANTED IN PART. Defendants' motion for summary judgment is DENIED. Defendants' motion for summary adjudication is GRANTED as to the first cause of action for negligence, second cause of action for medical battery and third cause o...

Excerpt: ...as may be proper,” allow a plaintiff to amend the operative complaint. (Code Civ. Proc. §576; see also Id. at §473, subd. (a)(1).) Leave to amend is left to the sound discretion of the trial court and, “will not be disturbed on appeal absent a clear showing of abuse.” (Branick v. Downey Savings & Loan Association (2006) 39 Cal.4th 235, 242.) However, “[i]f the motion to amend is timely made and the granting of the motion will not prejud...

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: ...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...