Excerpt: ...in this action. The factors to be taken into account in the determination of whether a settlement is in “good faith” include, but are not limited to: a rough approximation of plaintiff's total recovery 2 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 if found liable after a trial. (See Tech‐B...

Excerpt: ...hat it is unclear which agreement BVK seeks to compel to arbitration. (Opp. at p. 1 n.1.) It does not appear BVK directly responded to this issue in its reply. The Court expresses the same uncertainty. On one hand, it appears the 2013 agreement is at issue because BVK cited extensively to Exhibit A in its memorandum of points and authorities, albeit with one reference in a footnote (with no explanation as to its relevance), that Mean “signed th...

Excerpt: ...s December 4, 2020 order for distribution of personal property was not sufficiently clear to allow for a tidy resolution of all concerns 3 regarding the personal property in the trust that was contemplated to be divided roughly in an equal manner between the three beneficiaries. It has become further apparent that Plaintiff Duncan Miller (“Duncan”) was not fully able to comply with the December 4, 2020 order due to physical and financial defi...

Excerpt: ...this litigation and defendants are entitled to gauge her credibility in person. Plaintiff's concern that she may contract COVID‐19, after electing not to be vaccinated, as a reason for not wanting to appear for her in‐person deposition appears to not be well‐taken, as the 3 evidence presented with the reply indicates plaintiff has no qualms about travelling around New York City with limited, to no preventative measures being taken. The evid...

Excerpt: ...can be reached that would resolve the objections to be raised in the demurrer.” The parties have not met this requirement. The Culligan declaration, filed at the same time as the demurrer, indicates defendant's attorney sent a letter on June 2, 2020 – over a year before filing the demurrer – explaining why it was an error to include the trust as a party to this lawsuit. (Culligan Decl., ¶ 2.) Thereafter, a second declaration was filed stat...

Excerpt: ...not, then the court will make orders for that to occur and the new master list to be circulated. If so, the court will address the reconciliation of the various personal property lists as a master list. 3 Once the foregoing “master list” issue is resolved, the court intends to adopt the following ruling: The petition for instructions is GRANTED, in part, to provide an amended order for the finalization of the distribution of the personal prop...

Excerpt: ...dingly, of limited scope, generally dealing only with the issue of right to possession and not other claims between the parties, even if related to the property.” (Larson v. City & Cnty. of San Francisco (2011) 192 Cal.App.4th 1263, 1297.) This is not an ordinary landlord‐tenant dispute. But it is a straightforward contract interpretation case involving a force majeure (FM) provision. For all the reasons discussed below, the court concludes W...

Excerpt: ...able probability that they will prevail in their claims against Defendants. If Plaintiffs fail to do so, the stay of the action will remain in effect until, at least, November 8, 2021. Therefore, the hearings on Plaintiffs' Motion to Set Aside Order to Expunge Lis Pendens, and on Plaintiffs' Motion to Vacate Dismissal of Causes of Action with Prejudice are both CONTINUED to December 8, 2021, at 8:30 a.m. in Dept. A. 3 A. PROCEDURAL MATTERS Defend...

Excerpt: ... to, and to produce all non‐privileged documents in Defendants' possession, custody or control that are described in Merryvale's Request for Production of Documents, Set Six. 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 reasonably c...

Excerpt: ...ause exists 4 because of Ms. Moize's refusal to answer certain questions and to produce certain documents during her original deposition It is beyond question that persons have a significant interest in maintaining the confidentiality of private communications with their attorneys. Such information is only “within the attorney‐client privilege,” however, if it satisfies the statutory requirements set out in Evidence Code section 950, et seq...

Excerpt: ...ord Hanna v. Little League Baseball, Inc. (2020) 53 Cal.App.5th 871.) On September 13, 2021, Plaintiff filed a motion pursuant to California Code of Civil Procedure section 391.1 in the related case number 19CV000046. Plaintiff presents no authority suggesting that the pendency of the motion in that case stays the proceedings in this case. Neither authority cited supports the proposition. There is no proof of service of the motion or related pape...

Excerpt: ...ion are SUSTAINED/GRANTED, respectively, with leave to amend retroactively granted, such that the second amended complaint shall stand as the current operative pleading. The Court notes plaintiff did not follow proper procedure, since only a first amended complaint may be filed without leave of court. (See Code Civ. Proc., § 472; see also Hedwall v. PCMV, LLC (2018) 22 Cal.App.5th 564, 575 (“Under section 472, the right to amend a cross‐ com...

Excerpt: ...against defendants are uncertain, ambiguous and/or unintelligible.”4 (See Demurrer at 3:26‐28, 4:3‐6, and 4:12‐15.) The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, t...

Excerpt: ...d 2.551, for an order sealing the redacted portions of the following documents: 1. Plaintiffs' Response to Defendant's Second Supplemental Opposition to Plaintiffs' Motion to Disqualify Robert Crockett and Crockett Associates as Counsel for Defendant (Subject Response); 2. Declaration of Brett Lay in Support of Plaintiffs' Motion to Disqualify (Subject Lay Declaration); 3. Exhibits and attached to the Declaration of Jonathan M. Jenkins in Opposit...

Excerpt: ... the Dickens declaration (¶ 5 at p. 2:1‐3 and Ex. D) and Dr. Whitfield's four evidentiary objections to the Shuman declaration and three evidentiary objections to the Pregerson declaration are OVERRULED as not code‐ compliant. (See Cal. Rules of Court, rule 3.1354(c) [“A party submitting written objections to 2 evidence must submit with the objections a proposed order.”].) Moreover, the Court has not considered the Dickens reply declarat...

Excerpt: ...m as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Terlato's request for judicial notice is GRANTED. The Court takes judicial notice o...

Excerpt: ...ey of record, monetary sanctions in the amount of $1,460 within 10 days of notice of entry of the present order. Plaintiff On Deck Capital, Inc. moves, pursuant to Code of Civil Procedure section 2033.280 for an order deeming admitted and conclusively established the truth of all matters specified in Plaintiff's Request for Admissions, Set One, on the grounds that the party to whom the requests were directed, failed to serve timely verified respo...

Excerpt: ...nts between P&J and Jarhett Blonien from October 12, 2017, through October 10, 2018. P&J objected on the grounds of attorney‐client privilege and attorney‐work product doctrine. It is unclear how many documents are at issue as well as how the privileges apply considering the various parties involved and the potential privileges between them. A privilege log providing a description of the documents at issue will better permit a judicial evalua...

Excerpt: ...uest for monetary sanctions for bringing its motion is DENIED. Lopez did not oppose the motion, which means monetary sanctions are not authorized. (See Code Civ. Proc., § 2030.290, subd. (c) [providing that monetary sanctions are authorized against any party, person, or attorney who “unsuccessfully . . . opposes a motion to compel . . . .”].) Code of Civil Procedure section 2023.030, subdivision (a), states the Court may impose monetary sanc...

Excerpt: ...verified code‐compliant further responses, without objections other than those made based on the attorney‐client privilege and work product doctrine, and documents within 20 calendar days of service of notice of entry of order. (Korea Data Systems Co. v. Super. Ct. (1997) 51 Cal.App.4th 1513, 1516.) JNS and Grant shall provide a privilege log for any documents withheld under the attorney‐client privilege or attorney work product doctrine. (...

Excerpt: ...cts, serve judicial economy, and protect against double recovery by Plaintiff. Defendants request for judicial notice is GRANTED. The Court takes judicial notice of the subject matters of the request, but not for the truth of the matters asserted therein. 11 It appears to the Court that there are questions of fact that are not only at issue in both this action and the determination of the validity of the Sixth Amendment in the 1035 Action, but ar...

Excerpt: ...eventh cause of action for aiding and abetting on the ground defendants did not cause the damage Simpson complains of in her complaint, and eighth cause of action for quiet title on the ground defendants have quit claimed the implied easement and are instead operating by virtue of the 1910 easement. Simpson opposes. A. Standing/Real Party In Interest On July 23, 2021, the Court continued the matter after defendants' reply raised for the first tim...

Excerpt: ...rt's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Plaintiff Donald Veverka moves the Court for an order striking Defendant's Memorandum of Costs in its entirety on the grounds that an employer is not entitled to costs where a jury finds that the Plaintiff employee engaged in protect...

Excerpt: ...ting, and as such, there is no reason why DFS Flooring should be dragged into arbitration. The argument is not well‐taken considering that since the opposition was filed, Wright Contracting filed a cross‐complaint naming DFS Flooring as a cross‐defendant in the first cause of action for breach of contract and seventh cause of action for contribution. Although DFS Flooring agrees to arbitrate its claim against Odd Fellows, it objects to bein...

Excerpt: ...d the circumstances in which an independent contractor's employee (or third party) may recover in tort from the party hiring the contractor. Defendants are correct that generally a person who hires an independent contractor is not liable for the torts of the independent contractor. (See Torres v. Reardon (1992) 3 Cal.App.4th 831, 838.) “At common law, a person who hired an independent contractor generally was not liable to third parties for inj...