Excerpt: ... motion or on motion of the defendant if to do so appears to the court appropriate under the c:ircumstances of the case." (ld. at subd. (a).) Any such dismissal "shall be pursuant to the procedure and in accordance with the criteria prescribed by rules adopted by the Judicial Council." As is relevant here, such dismissal may occur after either "[s]ervice is not made within two years after the achon is commenced against the defendant" or "[t]he ac...

Excerpt: ...3) Forest River or its authorized repair facility failed to repair the RV to conform to warranty within a reasonable number of attempts." Def. Mot., 2: 5-9. Plaintiffs argue that they presented substantial evidence for a jury to find a defect covered by Forest River's written warranty and of DeMartini RV Sales' ("DeMartini") failure to repair the RV to conform to the warranty within a reasonable number of attempts. Pl. Opp., 3:1-2, 4:10-11. Also ...

Excerpt: ...l Procedure section 527.5. Section 527.6(s) provides in pertinent part: "The prevailing party in an action brought pursuant to this section may be awarded court costs and attorney's fees, if any." "[T]he decision whether to award attorney fees to a prevailing party—plaintiff or defendant—under section 527.6[(s)] is a matter committed to the discretion of the trial court." (Krug v. Maschmeier (2009) 172 Cal.App.4th 796, 802.) Defendant may see...

Excerpt: ...fifteen (15) calendar days before the scheduled case management conference, each party shall file with the court and serve on all other parties a completed case management conference statement"), italics added.) No appearances are required. Discussion Application for Writ of Possession Code of Civil Procedure sections 512.010 et seq. govern applications for writs of possession. Secton 512.030 requires that, prior to the hearing on a writ of posse...

Excerpt: ...iff's Special Interrogatories, Set One, Nos. 75-80 within thirty (30) days of notice of the Court's order. In connection with its own motion, Plaintiff is awarded attorneys' fees and costs as prayed in the amount of $2,685.00. In connection with Defendant's unsuccessful motion for protective order, Plaintiff is awarded an additional $2,450.00 in attorney's fees. Analysis Defendant's Motion for Protective Order is Denied as Untimely Code of Civil ...

Excerpt: ...amount of $42,219.69, court costs of $502.50, less credits of $400.00 for sums already paid by Defendant. Plaintiff does not seek attorney's fees and none are awarded. Discussion Statutory enforcement of settlement agreements is provided for under Code of Civil Procedure secton 664.6. The statute contains a number of requirements. If the agreement fails to meet these, it is not enforceable by this mechanism. Those requirements are, as relevant fo...

Excerpt: .... As to all motions, Defendant seeks imposition of monetary sanctions. For the reasons discussed more fully below, the following motions are granted as prayed: Defendant's motion to deem RFA set one admitted, Defendant's motion to deem RFA set two admitted, and Defendant's motion to com#l Plaintiff's responses to form interrogatories set three. Plaintiff shall provide verified responses to form interrogatories set three within ten (10) days of th...

Excerpt: ...lieved. The motions to compel against Justne Martin and Michael Martin are granted. 80th parties are ordered to provide further response to SROG Nos. 17, 41, 45, 48, 50, 55, 56, 57, 58, 69, 70, 71, and 72. Michael Martin is additionally ordered to provide further response to RFP No. 1. Such additional responses shall be provided within thirty (30) days of the Court's order. Fruition and Brogie shall prepare and submit a proposed order within seve...

Excerpt: ...is mechanism. Those requirements are, as are relevant for present purposes: (1) pending litigation at the tme of both the agreement and the tme of enforcement (see Sayta v. Chu (2017) 17 Cal.App.5th 960, 957 [trial court loses jurisdiction to enforce if complaint is dismissed without a proper request to retain jurisdiction]); (2) parties have stipulated to the agreement orally before the court or in writing and the same contains all of the materi...

Excerpt: ...rocedure section 527.5. Section 527.6(s) provides in pertinent part: "The prevailing party in an action brought pursuant to this section may be awarded court costs and attorney's fees, if any." "[T]he decision whether to award attorney fees to a prevailing party—plaintiff or defendant—under section 527.6[(s)] is a matter committed to the discretion of the trial court." (Krug v. Maschmeier (2009) 172 Cal.App.4th 796, 802.) Defendant may seek r...

Excerpt: ...clude, among others, a special hospital district for the State of California. Plaintiff Streamline was awarded three separate contracts from 2019 to 2021, which involved constructon related to exit and security doors (the "Security Door Project'), the extended care cosmetic improvements project (the "ECC Project"), and the Incline Village Community Hospital Sterile Processing Department project (the "SPD Project"). Plaintiff Streamline was the De...

Excerpt: ...d for March 17, 2022. The District's motion to continue the trial date and for a corresponding extension of the discovery cutoff dates is granted as prayed. The parties shall meet and confer in advance of the hearing to discuss agreeable trial dates. Defendant's motion for summary judgment is continued on the Court's own motion to April 28, 2023, at 10:00 a.m., in Department 6. The District's Motion for Continuance of Trial Dates In evaluating a ...

Excerpt: ...ded attorneys' fees in the reduced amount of $1,632.05. Defendants shall prepare and submit a proposed order within seven (7) days of this Court's ruling becoming final. Plaintiff filed her own separate motion to compel further responses on February 17, 2023, but the same has not yet been calendared for hearing. The hearing on Plaintiff's motion is hereby set for April 7, 2023, at 10m a.m., in Department 6. Opposition and reply briefs, if any, ar...

Excerpt: ...ter is before the Court on Plaintiff's request to order production of documents from Defendants pursuant to Code of Civil Procedure section 1987(c). For the reasons discussed more fully below, the motion is denied without prejudice. Plaintiff has failed to provide the required notice and to show the required “good cause.” Code of Civil Procedure section 1987 provides that where a party timely serves a notice to appear and to produce documents...

Excerpt: ...efore the Court on Plaintiff's motion to compel further responses to its requests for admissions (“RFAs”) set one, special interrogatories (“SROGS”) set one and form interrogatories set one. Plaintiff's motion is denied without prejudice for failure to comply with the mandatory separate statement requirements as described in Rules of Court, Rule 3.1345. Given the procedural deficiencies, the Court has not considered the merits of the unde...

Excerpt: ...ances are required by counsel for all parties. The matter is before the Court for a continued hearing on Plaintiff's motion for preliminary approval of class action settlement. The Court previously heard the matter on January 27, 2023, and requested supplemental briefing, declarations, and or other pleadings to address two issues, to wit: (1) the appropriateness of the proposed class administrator; and (2) Plaintiff's request to approve an amendm...

Excerpt: ... noted and overruled. The Court has inherent authority to control the proceedings before it to achieve substantial justice. (Rutherford v. Owens-Illinois, Inc. (1997) 16 Cal.4th 954, 967; see also Code of Civil Procedure §§ 128, 187; Phillips v. Phillips (1953) 41 Cal.2d 869, 874.) As to the motion, Defendant has made the requisite showings that his RFAs were timely propounded, the time for response has elapsed, and no answers, documents, reque...

Excerpt: ...should be provisionally certified; (2) that Class Counsel and the Class representative are appropriate for appointment; (3) that the proposed settlement agreement is fair and reasonable; and (4) that the proposed class notice is adequate. The motion is thus granted as prayed. Plaintiff indicates in his motion that class counsel will, in connection with their motion for final approval of the settlement, submit their corresponding request for attor...

Excerpt: ...and motion for mandatory relief also filed on November 10, 2022 (the “November 10th Motion for Reconsideration”). Plaintiff filed the latter two motions during the pendency of the first and after the Court issued its tentative ruling proposing to deny the motion. For the reasons discussed more fully below, Plaintiff's motions are denied. Defendant Vail's request for separate sanctions under Code of Civil Procedure section 473(b) and 128.7, ma...

Excerpt: ...penalties in the amount of $600.00. This matter then came before this Court on Appellant's appeal of administrative fines/penalties pursuant to Government Code section 53069.4(b)(1). Appellant filed his appeal on or about August 6, 2021. Pursuant to the statute, the Court conducted a de novo review based on the contents of the local agency's file, including a written transcript of the administrative hearing. The matter was argued by counsel on Se...

Excerpt: ...d. Defendant or his counsel are ordered to pay monetary sanctions in the amount of $1,560.00. Defendant's request for the Court to take judicial notice of court minutes in the San Diego Superior Court is denied. It is undisputed that the Court may take notice of a court record under Evidence Code section 452(d). (See Wolf v. CDS Devco (2010) 185 Cal.App.4th 903, 914.) That record to be noticed must nonetheless be relevant to the issues at bar. (S...

Excerpt: ...motion is denied as moot in light of Defendant's serving of substantially compliant responses after the filing of the present motion. Plaintiff's request for monetary sanctions in connection with this motion is, however, granted as prayed. Defendant or his counsel are ordered to pay monetary sanctions in the amount of $1,560.00. Defendant's request for the Court to take judicial notice of court minutes in the San Diego Superior Court is denied. I...

Excerpt: ...o more than $8,000 to the proposed settlement administrator, Phoenix Settlement Administrators (“Phoenix”). Phoenix is tasked with sending class notices and generally administering this settlement. The Court is not initially satisfied for the purposes of preliminary approval that the payment to Phoenix is reasonable and appropriate at this time. Plaintiffs have not submitted a declaration from the proposed class administrator or a copy of its...

Excerpt: ...estern Sierra Medical Clinic. Defendant contends that Plaintiff entered into agreements to resolve the disputed issues in mediation and then in arbitration and has filed a motion to compel arbitration set to be heard on February 3, 2023. Plaintiff has filed a motion to compel further responses, which is also pending on the same date. Defendant herein seeks to stay proceedings in this matter pending the Court's determination on its motion to compe...

Excerpt: ...rt's order. The Court intends to set this matter for further evidentiary hearing on the issuance of a restraining order. Defendant will be permitted to file a written response to the petition. Counsel for the parties are to meet and confer in advance of the hearing to discuss agreeable dates for an evidentiary hearing. The parties shall also be prepared to address whether the reissuance of a temporary restraining order is appropriate during the p...