Excerpt: ...e following reasons, Defendants' motions are granted. Plaintiff failed to appear for a defense medical examination noticed for January 4, 2018. Plaintiff did not serve objections to the noticed date or otherwise communicate to Defendants that he would not appear. Defendants have rescheduled the medical examination for April 26, 2018. Plaintiff is ordered to appear on April 26, 2018 at 9:00 a.m. at the offices of Steven Nagelberg, M.D., 10800 Para...

Excerpt: ...g on December 29, 2017; the court (Judge Robert Moss) requested supplemental briefing and continued the motion hearing to January 26, 2018. On January 26, 2018, the court issued a tentative ruling on Trustee Doan's motion and held argument; following argument, the court requested further supplemental briefing and continued the motion hearing to March 2, 2018. The case, including Trustee Doan's motion, was thereafter transferred to this court and ...

Excerpt: ...fected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Furthermore, “[w]hen a pleader is in doubt about what actually occurred or what can be established by the evidence, the modern practice a...

Excerpt: ...r these pleaded facts. The demurrer to the First Cause of Action for quiet title must be sustained because the owner of an equitable interest, as here, cannot maintain a quiet title action. (See Stafford v. Ballinger (1962) 199 Cal.App.2d 289, 294-295.) The demurrer to the Second Cause of Action must be sustained because Velocity Support Services received a Certificate of Relief from the State. The Tax and Revenue Code sections cited are not appl...

Excerpt: ...Amended Complaint by these defendants, and granted plaintiff leave to amend. While plaintiff apparently served an amended pleading on Moving Parties, none was filed with the court. The motions were originally heard on 2-22-18, and continued in order for plaintiff to file the amended pleading with the court, but none was filed. The court notes that moving parties filed and served a notice of continuance, but proof of service of that notice was def...

Excerpt: ... subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” Moving Party shall file and serve a declaration detailing compliant meet and confer efforts no later than five court days prior to the continued hearing date. ...

Excerpt: ...016, and continuing with monthly payments of $300 each, starting in May 2016 and continuing thereafter. A judgment can be entered reflecting the terms of the settlement as provided for in the transcript of the April 15, 2016 proceeding. But the court cannot add to the terms, by having the future payments that Defendants agreed to make, to be advanced and now declared due and owing. The Defendants did not agree to such a term in their settlement. ...

Excerpt: ...writ proceeding. Pursuant to section 1094.5(b), the inquiry extends to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discretion. Cal. Civ. Proc. Code § 1094.5(b). Abuse of discretion is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or t...

Excerpt: ...ence is CONTINUED to July 11, 2018, at 8:30 am. It does not appear that all parties have appeared in the action. All parties are ORDERED to file new Case Management Conference Statements prior to the new hearing in accordance with the Local Rules. The defendant shall give notice. ...

Excerpt: ......

Excerpt: ...$100,000 by the end of trial. It is undisputed the plaintiff failed to obtain a more favorable verdict—it was a 12-0 defense verdict. The burden was on the plaintiffs to show that the offers were not made in good faith. (Elrod v. Oregon Cummins Diesel, Inc. (1987) 195 Cal.App.3d 692, 700.) It failed to meet its burden. The court further finds the offers were reasonable. They were made nearly three years after commencement of the action in 2013;...

Excerpt: ...ficient to support a claim that this was despicable conduct under Civil Code section 3294. Defendant Parker Kirsten shall file an answer to the complaint within 10 days. The plaintiff shall give notice. ...

Excerpt: ... of plaintiff Cara Crouch. (See, Declaration of Charles Richardson in Support of Motion & Memorandum of Costs filed 6-27-17.) Rule 3.1700(a)(1) requires filing and service of a memorandum of costs. In addition, the stipulation to withdraw between attorney Keesling on behalf of plaintiff Cara Crouch and defendant TCCSA is not shown to cover the memorandum of costs attached to the declaration of attorney Charles Richardson. The stipulation in conte...

Excerpt: ...e plaintiff to demonstrate the merit of the claim by establishing a probability of success. (Id.) Only a claim that satisfies both prongs of the statute - i.e., that arises from protected speech or petitioning and lacks even minimal merit - can be stricken. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88-89.) Here, Prong 1 is met. A claim arises from protected activity when that activity underlies or forms the basis for the claim. (Area 51 Product...

Excerpt: ...ed to a corporation's place of incorporation or its principal place of business absent exceptional circumstances. Daimler AG v. Bauman (2014) 571 U.S. 117, 134 S.Ct. 746, 761 to 762 and Martinez v. Aero Caribbean (9 th Cir. 2014) 764 F.3d 1062, 1070. The Neadeau authority simply based on percentage of business conduct by a non-resident corporation in a forum state has thereby been negated as a basis for general jurisdiction. As to specific jurisd...

Excerpt: ...ntar's trade, business or profession (see Code Civ. Proc., § 483.010, subd. (c); see also Advance Transformer Co. v. Sup.Ct. (Shapiro) (1974) 44 Cal.App.3d 127, 143-144), and he has failed to provide any evidence of any kind in support of the application. (See Code Civ. Proc., §§ 484.090, 481.190, 482.040.) The Case Management Conference remains on calendar. Moving party to give notice. ...

Excerpt: ...ial notice is granted. (Ev. 452(d)(1); Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264-265.) Moving parties to give notice. ...

Excerpt: ...ction and venue of such court in Belize as the sole and exclusive forum for the resolution of claims by the parties arising under or relating to this Real Estate Purchase Contract." Declaration of Steven Fales Exhibits A and B. The law in this area is well-established. “In California, the procedure for enforcing a forum selection clause is a motion to stay or dismiss for forum non conveniens ... , but a motion based on a forum selection clause ...

Excerpt: ...d motion to compel responses to plaintiff's form interrogatories and special interrogatories by defendant Babette Angelo, pursuant to C.C.P. § 2030.290(b), is GRANTED. Defendant Babette Angelo is ordered to provide responses, without objections, to plaintiff Hughes' form interrogatories and special interrogatories within 21 days of service of a notice of ruling by plaintiff. If defendant Babette Angelo remains incapacitated because of the claime...

Excerpt: ... will promote resolution on the merits of all issues between the parties, and Plaintiffs will not suffer prejudice due to the opposition, as Plaintiffs were aware of Defendant's position no later than 01/08/2018. (Code Civ. Proc., §§ 473(a)(1), 576.) Defendant shall within ten (10) days file and serve the second amended verified answer, which is attached to the motion as Exhibit A. Defendant to give notice. ...

Excerpt: ...at it is entitled to disgorgement of any profits Bridgemark may have earned due to its operation of the wells which it was required to abandon. It concedes it is not entitled to disgorgement of profits for its contract claims, but contends it is entitled to disgorgement pursuant to its trespass claim and cites Civil Code section 3334, subdivision (a). But that code section says nothing about “disgorgement,” and the moving party fails to provi...

Excerpt: ...zing or referring to any communications Royal Pacific had with Defendant Christopher A. Calderon since January 1, 2016 concerning Royal Pacific's hiring of Calderon. Request No. 7 seeks documents reflecting or referring to compensation and benefits Royal Pacific offered Calderon to become employed at Royal Pacific. Royal Pacific objected to both requests on various grounds and stated that it could not produce any responsive documents because “i...

Excerpt: ...trate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement. … Public policy favors enforcement of arbitration agreements under state law (Madden v. Kaiser Found. Hospitals, Inc. (1976) 17 Cal.3d 699, 706-707), and any doubts as to whether an arbitration clau...

Excerpt: ... offer and the signed written agreement providing for binding arbitration in reply by Ms. Andrea Mullens, defendants carried their burden of establishing a written agreement containing a provision for binding arbitration entered into with plaintiff Tara Johnson. Also, this written agreement evidences that plaintiff Johnson's FEHA claims for harassment, discrimination, retaliation, and related employment claims are within the scope of this agreeme...

Excerpt: ...e defendant Ford Motor Company filed a motion to compel a vehicle inspection. It appears that the vehicle was last in the possession of the defendant and it has since been sold at auction. Under those facts, it must be assumed the defendant knew, or should have known, at the time the vehicle inspection request was made and the motion to compel was filed that the plaintiff did not have the vehicle. The motion is DENIED. The motion appears to have ...

Excerpt: ...likelihood that a fair and impartial trial cannot be had in the county. When a change of venue is ordered by the superior court, it shall be for the trial itself. All proceedings before trial shall occur in the county of original venue, except when it is evident that a particular proceeding must be heard by the judge who is to preside over the trial. (b) On its own motion or on motion of any party, to an adjoining county when it appears as a resu...

Excerpt: ...this basis in a criminal case by a criminal defendant. This is not a criminal case and moving parties are plaintiffs, not defendants. Moving party also cites 28 USC 1404, which authorizes changes of venue in federal district courts. This authority is not applicable to this state court action either. Rather, the correct authority would be C.C.P. § 397(b): “The court may, on motion, change the place of trial … [w]hen there is reason to believe...

Excerpt: ...ns filed 3-9-17.) Rule 3.110(g) provides that: “If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff must file a request for entry of default within 10 days after the time for service has elapsed. The court may issue an order to show cause why sanctions should not be imposed if the plaintiff fails to timely file the request for the entry of default.” The ...

Excerpt: ...ount of $240,000, which represents damages from April 2017 through the date of this hearing. Plaintiff has met his initial burden on this motion. The evidence shows plaintiff and FEE entered into the subject settlement agreement, which required FEE to pay certain sums to plaintiff as set forth in paragraphs 2 and 3 therein. (Fakouri Decl. at ¶ 2, authenticating FAC at Exh. A [subject settlement agreement]; Maryam Ewalt Decl. at ¶ 4, Exh. A) The...

Excerpt: ...2nd cause of action, Civil Code 2923.7. The FAC states facts sufficient to constitute this cause of action. 3rd cause of action, Rosenthal Fair Debt Collection Practices Act violation. The FAC fails to state facts sufficient to constitute this cause of action. The statute is inapplicable to the foreclosure activity alleged in the FAC. (See Pfeifer v. Countrywide Home Loans, Inc. (2012) 211 Cal.App.4th 1250, 1264; Fontenot v. Wells Fargo Bank, N.A...

Excerpt: ...counsels' emails is that defendant agreed to extend plaintiff's time to respond only to other written discovery. The parties agreed to “a reciprocal extension regarding Plaintiff's responses to Defendants' Third Set of Discovery.” (Stone Decl. Ex. 2, emphasis added.) They “agreed Plaintiff's deadline to respond to the subject discovery is continued from Aug. 15th to Aug. 23rd.” (Ibid., emphasis added.) On August 23, plaintiff's counsel so...

Excerpt: ...aracterization of her claimed damages and the evidence and arguments submitted in support of Defendant's motion do not otherwise demonstrate that the Walker standard is met here. Plaintiff to give notice. ...

Excerpt: ...are in Kansas, it has a facility in Sacramento, California, where it repairs and operates aircraft. When a defendant moves to quash service of summons for lack of jurisdiction, the burden of proof is on the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence. Kroopf v. Guffey(1986) 183 Cal.App.3d 1351. Plaintiff contends that the Court has specific personal jurisdiction over the moving defendant. According to a rec...

Excerpt: ...ngful termination under the Fair Employment and Housing Act (“FEHA”). The motion is DENIED as to paragraph 59. This paragraph simply states a required element of a cause of action for intentional infliction of emotional distress – namely, that the conduct complained of was either intentionally hurtful, or done with reckless disregard for probability of causing emotional distress. See, e.g., Hughes v. Pair, 46 Cal.4 th 1035, 1050-1051 (2009)...

Excerpt: ... record that she understood and agreed to the terms of the settlement. (See 11-20-17 Minute Order.) The court retained jurisdiction pursuant to Code of Civil Procedure section 664.6. Court clerk is to give notice. ...

Excerpt: ...AMS where the underlying controversy must be arbitrated.” (Motion pg. 7:5-8.) Plaintiffs' “Introduction” to its Opposition states, “because (i) this motion involves, inter alia, the question of whether Defendants waived any right to arbitrate by suing plaintiff Michael Baker in Tennessee without mentioning arbitration, and (ii) that very issue is already pending in Defendants' fully-briefed motion to compel arbitration before the Tennesse...

Excerpt: ...resulting default entered by the clerk against his or her client . . . or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. The court shall whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing c...

Excerpt: ...ate under Code of Civil Procedure section 415.20. Accordingly, Mr. Abdo's suggestion that he is not linked to that address lacks credibility. RP to give notice. It appears Mr. Abdo must explain why, if the address the entity in which he was an officer was listed as 2213 Ringwood Ave, he claims he has no connection with that address. Because the Court cannot consider evidence with any reply documents, the Court will DENY WITHOUT PREJUDICE. ...

Excerpt: ...9). The Complaint alleges Defendants “were negligent, reckless and careless in their business operations” and were negligent, reckless and careless “in their provision of mail box and mail related services to the plaintiffs.” (Complaint, ¶ 9). The above statements are mere conclusions which do not identify the underlying supportive facts. Plaintiff has failed to sufficiently plead or ordinary duty of care or breach of that duty. (Berkley...

Excerpt: ...irmative defense “fails to state facts sufficient to constitute a defense.” Code of Civil Procedure section 430.20 states, “(a) A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds: [¶] (a) The answer does not state facts sufficient to constitute a defense. [¶] (b) The answer is uncertain. As used in this subdivision, ‘uncertain' ...

Excerpt: ......

Excerpt: ...on.) This appears to be a result of Plaintiffs' assertion Defendant failed to serve verifications to the discovery and“[u]nsworn responses are tantamount to no responses at all.” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) Significantly, however, "there is no need to verify that portion of the response containing the objections." (See Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 657.) Taking the...

Excerpt: ...capacity of the person who is signing the Verification on behalf of the responding party and fails to state where the Verification was executed and on what date. (See Exh. C to Saghera Decl.) An unverified response is the equivalent of no response at all. (Appleton v. Superior Court (Cook)(1988) 206 Cal.App.3d 632, 636.) To the extent Cross-Defendant PRELUDE has not already produced responsive documents, the Court ORDERS Cross-Defendant PRELUDE t...

Excerpt: ...tions have the same title, the court will identify them based on the date and time Plaintiff filed each of them with the court. Defendant's (Dan Fisher) Motion to Compel Responses to Specially Prepared Interrogatories (filed on 2-2-18 at 10:33 a.m.) is DENIED. The court notes that this motion applies to Defendant's request for a further response to Form Interrogatory 9.1(c). (Holzer Decl., ¶ 5.) Code of Civil Procedure section 2030.220, provides...

Excerpt: ...In addition, this motion is not timely pursuant to CRC 3.110(b) because it was filed after 60 days of the filing of the Complaint. The court schedules a Case Management Conference for 5-15-18, Dept. C11, at 8:45 am. Prevailing Party is to give notice. (2) Plaintiff's Motion for Leave to File a Second Amended Complaint is GRANTED. There does not appear to be any undue prejudice to Defendants in granting Plaintiff leave to file a Second Amended Com...

Excerpt: ...me before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” “Courts must apply a policy of liberality in permitting amendments at any stage of the proceeding, including during trial, when no prejudice to the opposing party is shown. However, even if a good amendment is proposed in proper form, unwarranted delay in presenti...

Excerpt: ...at a student has a privacy interest in these documents. Although the court will not remove Exhibit G—Tab 6 and Exhibit J from the Administrative Record (AR) conditionally filed under seal, the court orders Respondent to file copies Exhibit G—Tab 6 and Exhibit J unsealed. California Rules of Court, rule 2.550(d), states, The court may order that a record be filed under seal only if it expressly finds facts that establish: [¶] (1) There exists...

Excerpt: ...e protected or permissive phase at the time of the accident. If the traffic signal was in the protected phase, then the City's use of a “protected-permissive” signal instead of a “protected-only” signal may not be a substantial factor in causing the accident. Moreover, defendant failed to show no triable issue exists as to all pleaded dangerous conditions. Its motion does not address the contribution of the “roadways” to the accident....

Excerpt: ... economic advantage in the Fourth Amended Complaint filed by Plaintiffs Michael P. Schaefer and MPSCHAEFER, LLC. The Court notes that although Mater Dei High School is a moving party on the Demurrer, it is not a Defendant named in the sixth cause of action. Tortious Interference with Prospective Economic Advantage Defendants correctly argue that, to state a claim for intentional interference with prospective economic relations, Plaintiff must all...

Excerpt: ... to amend. The demurrer to the sixth cause of action for civil conspiracy is overruled. 4th, 5th COA – Fraud and Negligent Misrepresentation To state a claim for fraud or negligent misrepresentation, a plaintiff must allege, among other things, that the defendant represented to plaintiff that a fact was true and defendant's representation was false. CACI no. 1900; Daniels v. Select Portfolio Servicing, Inc. (2016) 246 Cal.App.4th 1150, 1166 (in...

Excerpt: ... but not the truth of statements of fact recited within the documents. Evid. Code § 452(h); Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1116-1118, as modified (July 24, 2007). By her First Amended Complaint, Plaintiff asserts a single cause of action for rescission based on alleged violations of the federal Truth in Lending Act and Regulation Z. Although Plaintiff alleges “DiTech did not supply the fol...

Excerpt: ...008) 167 Cal.App.4th 567, 625; Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal. App. 4th 1171, 1192-1193; Whitlock v. Foster Wheeler, LLC (2008) 160 Cal.App.4th 149, 160. Plaintiff has not shown additur would be appropriate. Defendant shall give notice. ...

Excerpt: ...d [they] ultimately will prevail on the merits and the relative interim harm to the parties from the issuance or nonissuance of the injunction.'” (Whyte v. Schlage Lock Co. (2002) 101 Cal.App.4th 1443, 1449.) Plaintiffs may have shown some likelihood of prevailing to some extent on their claims. But their alleged losses could be “adequately compensated by a judgment for money damages.” (Abrahms v. St. Johns Hosp. & Health Ctr. (1994) 25 Cal...

Excerpt: ... the merits of the case.'” (Factor Health Management, LLC v. Superior Court (2005) 132 Cal.App.4th 246, 251.) Defendants filed written opposition and appeared at the hearing without stating they were making only a special appearance. Nor did they otherwise contest personal jurisdiction. And they did not file this motion to quash until 21 days after the 10/30/17 hearing. The clerk shall give notice. ...

Excerpt: ...acie showing is one that is sufficient to support the position of the party in question.” Id. at p. 851. A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. Code Civ. Proc., § 437c, subd. (p)(2). The scope of this burden is determined by the allegations of the plaintiff's complain...

Excerpt: ...s that covers plaintiff's claims. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413.) In fact, the parties seem prepared to stipulate to binding arbitration on these terms:  the arbitrator shall be Judge Russell Bostrom (ret.) with Judicate West  the arbitration will be “conducted in the same manner as a bench trial and the California Code of Civil Procedure shall apply ...

Excerpt: ...he court is inclined to continue this hearing, and stay all other discovery in this matter, until the defendants are properly accounted for. On the merits, the court would be inclined to grant plaintiff's Motion to Compel Deposition of David Wetzel and Production of Documents. The deposition subpoena and this motion were personally served on the third party deponent. The third party deponent made no objections to the subpoena, failed to appear fo...

Excerpt: ...ns are OVERRULED. Good Cause The court finds that the 9/22/17 letter attached as Exhibit 8 to declaration of Mary Tanagho Ross provides a sufficient a good cause showing for RFP Nos. 26-43. Duplicative Requests Plaintiff argues that the requests in Defendant's second request for production are duplicative of Defendant's previous requests. Defendant's prior requests broadly sought all documents relating to Sullivan's billing records, payments made...

Excerpt: ... in California and Nevada that permit out of state depositions. There is no authority for the relief requested in this Motion. Plaintiff to give notice. ...

Excerpt: ...riefing and continued the hearing. The Court incorporates its 1/29/18 Minute Order by reference. The sole remaining issue is whether the Court can consider extrinsic evidence to interpret the location of easements set forth in the parties' Settlement Agreement (the “Agreement”). Shortly after the parties signed the Agreement, Plaintiff filed a “Notice of Settlement of Entire Case.” Now, however, obviously suffering from a case of buyer's ...

Excerpt: ...able injury. See Jessen v. Keystone Savings and Loan Assoc. (1983) 142 Cal. App. 3d 454, 459. If plaintiff fails to establish either element, a preliminary injunction should be denied. Id. Even if the Court were to assume, for purposes of argument, that Plaintiff had demonstrated a likelihood of prevailing on the merits, Plaintiff here has made no showing that it will be harmed – much less that it will suffer irreparable injury – if the chall...

Excerpt: ..., Writ of Attachment, and Temporary Restraining Order. Moving Party Plaintiff Jessica M. Costa. Responding Party Defendant Holden Johnston. Motion 4: Application for Right to Attach Order, Writ of Attachment, and Temporary Restraining Order. Moving Party Plaintiff Jessica M. Costa. Responding Party Defendants Luis Ibarra and Karina Carrillo Ibarra. Ruling Motion 1: Defendants' demurrer to the first cause of action for fraud is SUSTAINED as to Def...

Excerpt: ...rty shall pay its own attorneys' fees and costs. Since the tenancy was not forfeited, Section Thirty-Seven for Litigation applies. Under the facts of this case, each side is responsible for its own attorney fees. Pursuant to Civ. Code, § 1717 (b) (1), the court shall determine who is the party prevailing on the contract. The party prevailing on the contract shall be the party who recovered a greater relief in the action on the contract. The cour...

Excerpt: ...ith the Laws of Belize. The parties hereto consent to the jurisdiction and venue of such court in Belize as the sole and exclusive forum for the resolution of claims by the parties arising under or relating to this real estate purchase contract." (See PL-0121 to Complaint). The law in this area is well-established. “In California, the procedure for enforcing a forum selection clause is a motion to stay or dismiss for forum non conveniens ... , ...

Excerpt: ...he procedural element focuses on the existence of oppression or surprise and the substantive element focuses on overly harsh or one-sided results. Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 114. To be unenforceable, a contract must be both procedurally and substantively unconscionable, but the elements need not be present in the same degree. The analysis employs a sliding scale: “…the more substantively opp...

Excerpt: ...ortunity to order the deposition in a timely manner, the court declines to exclude the expert's testimony at trial. ...

Excerpt: ...subpoena, noticed, but never actually served.) On 11/14/17, plaintiff caused to be filed herein motions to quash the subject subpoenas. Pursuant to CCP §1985.6(f)(1), plaintiff was entitled to bring such a motion “prior to the date for production.” CCP §1987.1 further provides that the motion must be “reasonably made.” The motions are timely, but procedurally defective in that each motion omits the required meet and confer declaration. ...

Excerpt: ...gatory by any of the following: [¶] (1) An answer containing the information sought to be discovered. [¶] (2) An exercise of the party's option to produce writings. [¶] (3) An objection to the particular interrogatory.” Code of Civil Procedure section 2030.220, provides, “(a) Each answer in a response to interrogatories shall be as complete and straight forward as the information reasonably available to the responding party permits. [¶] (...

Excerpt: ...se” for the production, Code Civ. Proc. § 2031.310(b), and Defendants did not object to any of the demands. Defendants are ordered to provide further responses and production within 15 days. Defendants are ordered to pay $1,120 in sanctions to the Law Office of Dean P. Sperling within 30 days of the notice of ruling. Code Civ. Proc. §§ 2023.010, 2031.320. Motion to Deem Requests for Admissions and Genuineness of Documents Admitted Plaintiffs...

Excerpt: ...h below. Plaintiff to give notice. 1. Combined Discovery Motions This is a combined motion to compel production of documents (and to compel further responses to RFPDs) as well as a motion to compel further responses to interrogatories. These are independent discovery devices, however, pursuant to independent statutes. (See CCP §2031.310 vs. §2030.300). Plaintiff is ordered to tender the filing fee for the hearing of the second motion to compel,...

Excerpt: ...87.2.) At the outset, defendant failed to show it properly served the subpoena on Orange Coast Women's Medical Group. (See Code Civ. Proc., §§ 1985.3, subd. (b)(1), (3), 1013, subd. (a).) More basically, both subpoenas are woefully overbroad and unjustifiably seek protected private information. (See Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1014; see also Vinson v. Superior Court (1987) 43 Cal.3d 833, 841.) Defendant failed to show the...

Excerpt: ... SETS a status conference re binding arbitration for 9/10/18 at 10 am in Dept. C- 12. Defendant Roth Staffing met its burden to show a written arbitration agreement exists that covers plaintiff's claims against it and provides for arbitration pursuant to the FAA. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; Shepard v. Edward MacKay Enterprises, Inc. (2007) 148 C...

Excerpt: ...ied, it will be necessary to file a new action to enforce the terms of the settlement agreement.” Cal. Prac. Guide Civ. Pro. Before Trial Ch. 12(II)-F at ¶ 12:982 (inner citations omitted). A court “may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” Co...

Excerpt: ... the burden is on the moving party to show both: • Relevance to the subject matter (e.g., how the information in the documents would tend to prove or disprove some issue in the case); and • Specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial). Glenfed Develop. Corp. v. Sup.Ct. (National Union Fire Ins. Co. of Pittsburgh, Penn.) (1997) 53 CA4th 1113, 1117; see also ...

Excerpt: ...t alleging two causes of action for (1) wrongful death (CCP 377.60) and (2) negligence. Defendant Daniel Scott DePalma argues that the court should strike Plaintiff's for punitive damages because punitive damages are not recoverable in a wrongful death action. (Georgie Boy Manufacturing Inc. v. Superior Court (1981) 115 Cal.App.3d 217, 222.) Defendant argues that decedent “died instantly,” but this appears to be a mischaracterization of Plain...

Excerpt: ...ion (a), provides, “In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” First, the court GRANTS the Motion to Strike ¶ 75 of the SAC without leave to amend. Although Plain...

Excerpt: ...ws of this state, a court rule or an order of the court. Code Civ. Proc. § 436. “Irrelevant” matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not supported by the allegations of the complaint. Code Civ. Proc. § 431.10(b). Plaintiff's Complaint fails to state sufficient facts to support a claim for punitive damag...

Excerpt: ...es that “Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013.” On 6/28/17, Plaintiffs filed their Memorandum of Costs, which was served by mail. The Motion was timely filed on 7/18/17, which was twenty (20) days later. Prevailing Party: Pursuant to Code Civ. Pro...

Excerpt: ...l capacity (see ROA 15). As plaintiffs make plain in their stipulation regarding the First Amended Complaint (see ROA 55), the brother “has been omitted as a defendant” from the action. True to their word, brother is not a named party in the action now (only his estate). An amended pleading which omits a previously named defendant operates as a dismissal of that defendant. Fireman's Fund Ins. Co. v. Sparks Construction, Inc. (2004) 114 Cal.Ap...

Excerpt: ...ldn't hurt if it were set out from the rest of the verbiage. The court would like to hear argument. ...

Excerpt: .... (b).) If full information is not yet available, plaintiff must “reveal all information then available to” him. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 782.) He may not simply “assert[] [his] inability to respond.” (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 406.) And plaintiff has not met his burden to justify his objections. (Coy v. Superior Court (1961) 58 Cal.2d 210, 220-221...

Excerpt: ...s lengthy preamble to the argument, which purports to set forth a number of facts that are extrinsic to the Cross-Complaint. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A. Third Cause of Action for IIED In his Motion, Eladio argues that the third cause of action parrots the eleme...

Excerpt: ... section may only be made on one of the following grounds: . . . [¶] (B) If the moving party is a defendant, that either of the following conditions exist: . . . [¶] (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” Kapsimallis v. Allstate Insurance Company (2002) 104 Cal.App.4 th 667, 672, explains, “A judgment on the pleadings in favor of the defendant is appropriate when the compl...

Excerpt: ...ee Agreement with her former attorneys is contradictory and ambiguous and has an unmet contingency that requires dismissal of cause of action. The Court disagrees. Paragraph 6 of the Agreement provides that if there is no recovery (i.e. if Plaintiff gets no money) then she is still responsible for costs incurred by B&B. There is no unmet contingency. Further, paragraph 4 addresses legal fees in the event of a recovery of some kind. The two paragr...

Excerpt: ...ice. ...

Excerpt: ... other remedy demanded in a cause of action. But here, no cause of action is stated at all: the Second Cause of Action instead attempts to assert a punitive damages claim based on the First Cause of Action. (See Complaint ¶¶ 13-15.) The Opposition effectively concedes that this is so. (See Opp. at p. 1.) As the Second Cause of Action fails to state any cognizable cause of action, Defendants' demurrer is sustained. However, as this Demurrer is a...

Excerpt: ...anation.” Womack v. Lovell (2015) 237 Cal.App.4th 772, 787. In the original complaint, Plaintiff Erwin sued his client Ed Gabrin. Plaintiff was a party to the two oral contracts. In the First Amended Complaint, Plaintiff alleged that he was a third party beneficiary instead. Plaintiff failed to explain the reason for this substantial change. Rules of Professional Conduct, Rule 3-300: California Rules of Professional Conduct, rule 3–300 subjec...

Excerpt: ... See Award Metals, Inc. v. Superior Court(1991) 228 Cal.App.3d 1128, 1134-1135 (claims for negligence and intentional tort were merely a “duplication” of the claim for violation of Labor Code section 4558 and should have been sustained); Palm Springs Villas II Homeowners Ass'n, Inc. v. Parth (2016) 248 Cal.App.4th 268, 290 (trial court properly sustained cause of action for breach of governing documents which appeared to be duplicative of bre...

Excerpt: ...is inclined to deny the motion as to punitive damages, as fraud has been alleged. 2. Plaintiff/Cross-Defendant's Demurrer to Cross-Complaint This pleading is mooted by the amended cross-complaint filed February 20, 2018. ...

Excerpt: ...apter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following: (1) Twenty-five percent of the individual's disposable earnings for that week. (2) Fifty percent of the amount by which the individual's disposable earnings for that week exceed 40 times the state minimum hourly wage in effect at the time the ea...

Excerpt: ...July 2017. ...

Excerpt: ...; Bostanian v. Liberty Savings Bank (1997) 52 Cal.App.4th 1075, 1083; M & M Foods, Inc. v. Pacific American Fish Co., Inc. (2011) 196 Cal.App.4th 554, 562.) But that is not addressed in the venue motion, and is not jurisdictional. The Court has thus addressed the merits of the venue motion. A defendant is entitled to have an action tried in the county of his residence unless the action falls within some exception to the general venue rule. (C.C.P...

Excerpt: ...f her deposition. Moreover, the court finds that the plaintiff's agreement to stipulate to not use the videotape for purposes other than this litigation is sufficient restriction to address any concerns expressed by the defendant regarding the potential improper use of the videotape. Authorities: The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, man...

Excerpt: ...§§ 1792, 1791.1, 1791(a); Mega RV Corp. v. HWH Corp. (2014) 225 Cal.App.4th 1318, 1335-1337 [implied warranty generally inapplicable to components that are not “‘stand-alone product[s]'”]; see also Def. SSUF #4-5, 19-26, 28; Pl. Opp. at 12:23 [slide out and steps], 14:4 [same].) The complaint states the 1st cause of action is asserted only against another defendant, Evergreen Recreational Vehicles. But even if the complaint is construed a...

Excerpt: ...Quick Bridge alleges that it is owed the principal sum of $60,997.20, plus $10,650.00 in attorneys' fees and costs, as per the attorneys' fee provision in the Loan Agreement, and $6,784.26 in prejudgment interest, for a total judgment amount of $78,431.46. Authorities: Summary judgment may be granted where it is shown that "there is no defense to the action or proceeding." See Civ. Proc. Code§ 437c(a). a moving plaintiff has met his burden of sh...

Excerpt: ......

Excerpt: ...onship.” The declaration submitted in support of this Motion supports withdrawal under Rules of Professional Conduct, rule 3-700, subdivision (C)(1)(d). Moving Counsel will remain the attorney of record for Mr. Contreras until Moving Counsel files proof of service of the signed order upon the Mr. Contreras. The order will become effective upon the filing of the proof of service upon Mr. Contreras. The court schedules this case for a Case Manage...

Excerpt: ...ed orders with corrections to section 8 regarding future hearings. The Court notes that the proposed order does not mention the pending motion to consolidate or motion to strike, and the dates for the CMC and pending demurrer are incorrect. The Court further notes that any order that might be entered relieving counsel would not become effective until counsel filed with the Court proof that it had serve the order relieving it on the clients. ...

Excerpt: ...o be no later than 2-2-18, making service on 2-8-18 untimely. In addition, the efforts made by the moving law firm to confirm the current address of its client are not sufficient. When the client's address cannot be confirmed, the attorney must make “reasonable efforts” to confirm the address (or locate a more current address). (CRC 3.1362(d)(1)(B)) Simply mailing the motion to the last known address, return receipt requested, and calling the...

Excerpt: ... that document or the truth of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees. [¶] (b) The court shall make this order unless it finds any of the following: [¶] (1) An objection to the request was sustained or a response to it was waived under Section 2033.290. [...