Excerpt: ...ries: 2, 4, 5, 6, 7, 8 and specifically respond to all subparts for all interrogatories. Petitioners are awarded sanctions against Glen Van Dyke in the amount of $1,560, which represents 5 hours at $300.00 per hour and the amount of the filing fee. (2) Petitioners� Motion to Compel Van Dyke Law Group�s Responses Petitioner�s Motion to Compel Van Dyke Law Group�s Responses to Post-Judgment Discovery is granted in part. VDLG shall provide f...

Excerpt: ...)). It may be an abuse of discretion to grant relief under Code of Civil Procedure Section 473 where there is unexplained delay of over three months before moving for relief. Huh v. Wang (2008) 158 Cal.App.4th 1406, 1421 n.4. Here, default was entered in this case on December 5, 2018, and the present motion was not filed until September 17, 2019. The six month requirement was not met. As such, the motion is untimely. Additionally, on the merits, ...

Excerpt: ...enerally Cal. Practice Guide: A.D.R. (The Rutter Group 2012) �5:83-5:84. Here, the court finds the arbitration agreement to be both procedurally and substantively conscionable. As to Plaintiff�s procedural unconscionability arguments, "a compulsory predispute arbitration agreement is not rendered unenforceable just because it is required as a condition of employment or offered on a 'take it or leave it' basis." Lagatree v. Luce, Forward, Hami...

Excerpt: ...under this Note is not paid when due, the Borrower promises to pay all costs of collection, including reasonable attorney fees, whether or not a lawsuit is commenced as part of the collection process.� Thus, attorney�s fees should properly be awarded as it relates to this single cause of action. �The determination of what constitutes a reasonable fee generally �begins with the �lodestar,� i.e., the number of hours reasonably expended ...

Excerpt: ...t sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 582-7835 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative r...

Excerpt: ...es, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.� Here, the Court finds that judicial economy will be served by ordering a separate trial on the issues of liability and damages. In the court�s estimation, the damages phase will be significantly longer than the liability phase. Further, if liability is decided in favor of Defendant, then the lengthy damages phase will be...

Excerpt: ...th settlement no bar to claims re express indemnity agreements); Weil & Brown, Cal. Prac. Guide: Civ. Pro Before Trial (The Rutter Group 2010) ��12:910 and 12:925. Judges� have limited discretion in ruling upon a motion for good faith settlement, and the rulings must be made �in view of the equitable goals of the statute, in conformity with the spirit of the law and in a manner that serves the interests of justice�, and must serve the g...

Excerpt: ...ew noticed motion. Moving Party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 582-7835 by 4:00 p.m. the court day before...

Excerpt: ... Mortg. Corp. v. Crest Premium Real Estate etc. Trust (1985) 168 Cal.App.3d 818, 824, 214; Vega v. JPMorgan Chase Bank, N.A. (E.D.Cal. 2009) 654 F.Supp.2d 1104. See also generally Bernhardt, Cal. Mortgage and Deed of Trust Practice (Cont. Ed. Bar 4th ed. 2009) ��7.22-7.34, 7.63-7.66. ��The granting or denial of a preliminary injunction does not amount to an adjudication of the ultimate rights in controversy. It merely determines that the ...

Excerpt: ...h settlement no bar to claims re express indemnity agreements); Weil & Brown, Cal. Prac. Guide: Civ. Pro Before Trial (The Rutter Group 2010) ��12:910 and 12:925. Judges� have limited discretion in ruling upon a motion for good faith settlement, and the rulings must be made �in view of the equitable goals of the statute, in conformity with the spirit of the law and in a manner that serves the interests of justice�, and must serve the go...

Excerpt: ... analyzing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated the existence of a triable, material issue of fact. Sun v. City of Oakland (2008) 166 Cal.App.4th 1177, 1182-83; McGarry v. Sax (2008) 158 Cal.App.4th 9...

Excerpt: ...ith Glenshire HOA since November 16, 2003. Nothing therein is proper grounds for the court to self-disqualify from hearing this matter. Defendant�s Demurrer to the Complaint is overruled. As to the first and second causes of action, the court finds that paragraph 9 of the complaint clearly states the statutes alleged to be violated and minimal facts to support such claims. These facts are sufficient to put Defendant on notice as to what it is d...

Excerpt: ...t an issue properly before this court. If Mr. Charles determines that Mr. Pankopf is overpaid by this distribution, Mr. Charles has other legal recourse available to him. Mr. Pankopf is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, yo...

Excerpt: ...f California, answers the unverified complaint was follows:�� Caltrans corrected the error made by Plaintiff at the time of the answer. So, this argument has been waived and corrected. Secondly, as to the cause of action for negligence, the motion for judgment on the pleadings is granted with leave to amend. Plaintiff failed to allege any statute upon which liability is premised, and is thus barred by the Government Claims Act. GC �815. Pla...

Excerpt: ...e need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843. In analyzing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated the existence of a triable, material issue of fact. Sun v. City of Oak...

Excerpt: ...ions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated the existence of a triable, material issue of fact. Sun v. City of Oakland (2008) 166 Cal.App.4th 1177, 1182-83; McGarry v. Sax (2008) 158 Cal.App.4th 983, 994; Hines...

Excerpt: ...ral or special verdict, or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors. 3. Accident or surprise, which ordinary prudence could not have guarded against. 4. Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the tria...

Excerpt: ...ient. Plaintiff is awarded sanctions of $750.00. Moving Party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 582-7835 by ...

Excerpt: ...s not done on time. However, a substantive opposition was filed, although also untimely. Because Plaintiff obtained additional time to file a substantive opposition by filing it late, the court does not overrule the demurrer based on untimeliness. Next, the Court notes that Footnote 4 of the Second Amended Complaint states that a copy of the Agreement is attached as Exhibit 1. However, there is no Exhibit 1 in the court�s file. Thus, Plaintiff ...

Excerpt: ...rmal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 582-7835 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, t...