Excerpt: ...D Nos. 21, 24-27, 30-31 with similar boilerplate objections: No. 21: Communications between YOU and MARTIN. No. 24/26: Communications between YOU and CROSS-DEFENDANTS. No. 25: Communications between YOU and SANDLER. No. 27: Communications referring to defendant. No. 30: Documents prepared by MARTIN in connection with underlying litigation. No. 31: Communications that include MARTIN. Response: “Objection, this request seeks documents which are n...

Excerpt: ... 2020. A corrected Notice was thereafter served on October 30, 2019, which provided sufficient notice pursuant to C.C.P. §1005. While Cross-Complainant is correct in asserting mail service on October 15, 2019 provided insufficient notice for a November 7, 2019 hearing, this issue has since been mooted. The Demurrer to the Third Cause of Action for Interference with Contractual Relations is SUSTAINED, as Cross-Complainant has not properly pled a ...

Excerpt: ...) who heard any statements made about the INCIDENT by any individual at the scene; and (d) who YOU OR ANYONE ACTING ON YOUR BEHALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil Procedure section 2034). Defendant's answer to form interrogatory 12.1 is: (a-d) Objection. Vague, ambiguous, and uncertain. Invasion of privacy. Violation of attorney client privilege and attorney work product doctrine. Burdenso...

Excerpt: ...default has been entered is out of court and is not entitled to take any further steps in the cause affecting plaintiff's right of action; he cannot thereafter, until such default is set aside in a proper proceeding, file pleadings or move for a new trial or demand notice of subsequent proceedings.'” Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385–386. If Plaintiff had not taken Defendant's default, then the Court ...

Excerpt: ...e probable validity of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. Cal. Civ. Proc. Code § 484.090(a)(1)-(4). If an action is against a defendant who is natural person, an attachment may be issued only on a claim which arises out of the conduct by the def...

Excerpt: ...ration of Due Diligence filed with the Proof of Service seems to contradict Item 6 of the Application for Writ of Possession and Declaration of Blong Vang ¶11. The Declaration of Due Diligence signed by the process server, Laurie Evans, indicates that service could not be made at 718 Huntington Street, Huntington Beach, CA because it is a sober living home, only women live there, and no mail for defendant goes there. She also indicates that the ...

Excerpt: ...r of consumer goods sold in California and for which the manufacturer has made an express warranty shall “[m]ake available to authorized service and repair facilities sufficient service literature and replacement parts to effect repairs during the express warranty period.” Defendant contends that Plaintiffs failed to set forth what service literature and replacement parts were unavailable. A review of the Complaint reveals that the claim does...

Excerpt: ...ainst whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the complaint or cross-complaint.” (Emphasis added.) Here, the First Amended Cross-Complaint was filed on 8/28/19. The proof of service indicates service by email and mail. Yet, the instant demurrer was not filed until 48 days later on 10/15/19. Thus, the demurrer is untimely. Nonetheless, the Court, in its di...

Excerpt: ...l be filed (Code Civ. Proc., § 404), or nothing will be done. Demurrer (HDR Engineering) The demurrer of defendant HDR Engineering, Inc., to the second, fifth, and sixth causes of action of the first amended complaint (ROA 32) is OVERRULED with 15 days to answer. Second Cause of Action (Negligent Misrepresentation) Each element of a cause of action for negligent misrepresentation generally must be alleged with a specificity that shows how, when,...

Excerpt: ...10.00. Defendants did not file oppositions. For the following reasons, Plaintiff Brian Sax's application against Convergence is granted in the amount of $912,630.68; Plaintiff Brian Sax's application against T. Hirou is granted in the amount of $665,327.00; and Plaintiff Elliot Sax's application against Convergence is granted in the amount of $50,000.00. Plaintiffs' applications are denied in all other respects. A court shall issue a right to att...

Excerpt: ...rovide a redline copy of the amended notice. A judgment in a PAGA action "binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government." (Arias v. Superior Court (2009) 46 Cal.4th 969, 986.) Thus, “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 53...

Excerpt: ...d their sureties, Michael B. Martin, Scott Hook, and Eric Mooney, is GRANTED. The motion is brought under Code of Civil Procedure §996.440, which states as follows: (a) If a bond is given in an action or proceeding, the liability on the bond may be enforced on motion made in the court without the necessity of an independent action. (b) The motion shall not be made until after entry of the final judgment in the action or proceeding in which the b...

Excerpt: ...no longer good law for the reasons articulated in Waffer Internat. Corp. v. Khorsandi (1999) 69 Cal.App.4th 1261 at pages 1270 through 1278. Moreover, nothing in Steiner suggests that the obtaining of a writ of attachment limits remedies in tort as against other parties. Here, the proposed amended complaint adds a third party (albeit the spouse of the original defendant) and makes at least one other substantive change. The general rule is that in...

Excerpt: ...nt bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. . . .” (Ibid.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at p. 851.) “A court identifies the issues framed by the pleadings, determines whether the moving party's showing has established facts which negate the opponent's claim and justify a judgment...

Excerpt: ... matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence ….” (Code Civ. Proc., § 2017.010.) “For discovery purposes, information is relevant if it ‘might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement....'” (Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) “[D]iscovery must be construed liberally in ...

Excerpt: ... the insurer directed or authorized the agent to perform the tortious acts, or it ratifies acts it did not originally authorize.” (R & B Auto Center, Inc. v. Farmers Grp., Inc. (2006) 140 Cal.App.4th 327, 344; Shultz Steel Co. v. Hartford Accident & Indemnity Co. (1986) 187 Cal.App.3d 513, 518-523.) Further, in California, only licensed life insurance agents are authorized to transact life insurance business. (Cal Ins. Code §§ 32(a); 1622(a)....

Excerpt: ....D. for Terminating Sanctions for Failure to Obey Discovery Orders: Defendant Lam Dang, MD (“Dang”) moves the court for an order for terminating sanctions by striking plaintiff David Struble's (“Plaintiff”) complaint, or, alternatively, for issue and evidentiary sanctions for willful failure to provide timely verified responses to written discovery pursuant to the court's November 21, 2019 order. Dang also seeks $1,560 in monetary sanctio...

Excerpt: ...n Carlos Fernandez and/or his attorney of record in the amount of $3,128. Specifically, Defendant seeks further responses to the following: a description of the dangerous condition of the property alleged by Plaintiff (No. 1); the location of the dangerous condition (No. 2); all fact, documents, and witnesses to support Plaintiff's dangerous condition contentions (Nos. 3-5); a description or identification of the warnings, sign postings, and main...

Excerpt: ...LC, after the loan servicing was transferred. 2. Other Causes of Action The motion of this defendant for judgment on the pleadings as to the remaining causes of action is DENIED. Nearly 25 years ago the plaintiff and his then-spouse (a defaulted defendant here) were involved in a marital dissolution. During the distribution of assets and debts, a dispute arose over encumbrances placed on certain real property by the wife. The issue was litigated ...

Excerpt: ...on (CCP § 430.10(e)) Facts/Overview: The original complaint in this action was filed on 4/8/19. The operative verified First Amended Complaint was filed on 9/5/19 against defendants Servis One, Inc., dba BSI Financial Services [“BSI”], Wilmington Savings Fund Society, FSB, dba Christina Trust, as Trustee, for Brougham Fund I Trust, Zieve, Brodnax & Steele, LLP, Wells Fargo Bank, N.A. s/b/m Wachovia Mortgage, FSB f/k/a World Savings Bank, FSB...

Excerpt: ... were and how they could be used to deprive her of ownership of her real property and assets; She also denies signing two separate deeds on 10/12/18 that purportedly bear her signature; She now claims to be homeless; This is sufficient to support her claim for elder abuse; Overrule; 2 nd cause of action [fraud v Debra and Elmer Stone]: The intentional misrepresentations are unclear and not pled with the required specificity; Sustain with 10 days ...

Excerpt: ...supposed to be part of the contract price. Plaintiff filed her complaint against Defendant on 10/11/17, alleging causes of action for: (1) Breach of Contract and (2) General Negligence. Defendant answered the complaint on 01/09/18 and filed a cross-complaint against Plaintiff, alleging causes of action for: (1) Breach of Contract and (2) Common Counts. The cross-complaint alleges that Plaintiff failed to allow Defendant to finish the job, claimin...

Excerpt: ...ne; Applies to Bar Plaintiffs' Negligence/Premises Liability Causes of Action; 3. Plaintiffs' Negligent/Premises Liability Causes of Action are barred, as Plaintiffs cannot establish that Superior had a duty, as there is no foreseeability of this third party criminal assault; 4. Plaintiffs' have no facts or theories to support a Cause of Action for Intentional Infliction of Emotional Distress ("IIED"); 5. Plaintiffs' cannot seek Punitive Damages ...

Excerpt: ... interest that overcomes the right of public access to the record.” Rule 2.550(d)(1). The Court is unaware of any case in which sealing of a damages allegation or a cause of action not involving confidential or private information has been allowed. Defendants fail to point to anything comparable to the types of disclosures that California courts have found to qualify as “overriding interests.” (See, e.g., NBC Subsidiary (KNBC TV), Inc. v. S...

Excerpt: ...eek fees in the following amounts: Baldwin Park ($45,875); Rancho Palos Verde ($17,763.50); Signal Hill ($14,968); Carson ($8,122.50); and West Covina, Lakewood, Santa Fe Springs and Clarement (total of $363,180). This matter is currently on appeal. The notices of appeal automatically stayed proceedings on the judgment. Hayworth v. City of Oakland (1982) 129 Cal.App.3d 723, 727 (perfecting of an appeal stays proceedings in the trial court upon th...

Excerpt: ...y judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A "party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. . . ." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) "A p...

Excerpt: ...es from respondents in the amount of $126,600. This matter is currently on appeal. The notices of appeal automatically stayed proceedings on the judgment. Hayworth v. City of Oakland (1982) 129 Cal.App.3d 723, 727 (perfecting of an appeal stays proceedings in the trial court upon the judgment granting a writ of mandate].) However, that stay does not divest the court of jurisdiction to consider these motions for fees. Robertson v. Rodriguez (1995)...

Excerpt: ...0) 184 Cal.App.4th 1422, 1428.) The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. Id. If delay in seeking the amendment has not misled or prejudiced the other side, the liberal policy of allowing amendments prevails. (Higgins v. Del Faro (1981) 123 CA3d 558, 564- 565.) Cabrillo seeks leave to amend the Cross-Complaint to add causes of action for breach of implied duty to perform ...

Excerpt: ...rt a meritorious cause of action or defense. The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only...

Excerpt: ...Civ. Proc., § 2025.420, subd. (a).) The motion shall be accompanied by a meet and confer declaration under Code of Civil Procedure section 2016.040. (Code Civ. Proc., § 2025.420, subd. (a).) The court, for good cause shown, may make any order that justice requires to protect any party “from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc., § 2025.420, subd. (b).) The protective order may i...

Excerpt: ... motion for summary judgment. The requests are denied. It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. “[A]ll that is necessary is to call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9:53.1a.) Plaintiff's Separate Statement is Noncompliant Plaintiff filed a document entitled “Plaintiff Jason Gardner's...

Excerpt: ...ndi R Schwartz's Motion Compelling Defendant American General Life Insurance Company to Produce Further Documents in Response to Plaintiff's Document Demands 4) Plaintiff Sindi R Schwartz's Motion For Order Compelling Defendant American General Life Insurance Company to Produce Unredacted Emails Produced at Deposition in Response to Plaintiff's Document Demands Plaintiff Sindi R. Schwartz originally had four discovery motions (ROAs 288, 293, 304,...

Excerpt: ...off calendar. The Trial and Pre-Trial Conference are vacated. The court sets a Review Hearing for March 19, 2020 at 1:30 p.m. to ensure the submission of a proposed Judgment. It is settled law in California that an insurer denying or delaying the payment of policy benefits due to the existence of a genuine dispute with its insured as to the amount of the insured's coverage claim is not liable in bad faith. Chateau Chamberay Homeowners Assn. v. As...

Excerpt: ...ettlement agreement and/or proposed notice is submitted, a redline version showing all changes, deletions and additions must be submitted as well, including proof of service of the revised agreement on the LWDA Per the supplemental briefing, Plaintiff's valuation was based on a maximum exposure of $821,444, which was in turn based on alleged Labor Code violations affecting 65 employees over the period from August 15, 2015 to October 2016. The pre...

Excerpt: ...agraph 10 permitted limited discovery. Interrogatories was limited to identification of witness. Request for Production was limited to 25 requests. Depositions consisted of two eight-hour depositions of fact witnesses and one two eight-hour deposition of expert witnesses. Upon request of the parties, the arbitrator had authority to allow additional discovery. “The arbitration will be administered by the American Arbitration Association (‘AAA'...

Excerpt: ...for release of records. The motion is granted in part. The motion was properly served upon Bonar Law Group. No opposition was filed by Bonar Law Group. Plaintiff opposed the motion, but only as to the request for an order compelling him to execute authorization for release of records. Here, the subpoena seeks non-privileged records. (See Exh. B.) Therefore, Bonar Law Group's concerns of attorney-client privilege and attorney work product, are unw...

Excerpt: ...framework for evaluating potential invasions of privacy, explaining: “The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious.” (Id. at 552). “The party seeking information may raise in response whatever legitimate and important countervailing interests disclosure serves, while the party se...

Excerpt: ...010) 559 U.S. 662, 686; Kinecta Alternative Financial Solutions, Inc. v. Superior Court (2012) 205 Cal. App. 4th 506, 510-11. This action is ordered stayed pending completion of the arbitration. The Case Management Conference set for March 20, 2020 is ordered off calendar. A Post-Arbitration Review Hearing is set for July 17, 2020 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a contin...

Excerpt: ...equest for judicial notice of the FAC in this action (ROA 25) is GRANTED. Plaintiff's evidentiary objections to the declaration of Albert Reynaldo (ROA 38) are OVERRULED. The discrepancies Plaintiff identifies between Mr. Reynaldo's declaration filed in support of the present petition (ROA 16) and his subsequent deposition testimony (Hatcher Decl. (ROA 39), Ex. A) go to weight, not admissibility. I. Factual Background A. Plaintiff's Hiring On Feb...

Excerpt: ...bey an order compelling answers to discovery, the court may impose whatever sanctions are just, including issue sanctions, evidence sanctions, terminating sanctions, and monetary sanctions. (Code Civ. Proc., § 2023.030.) Imposition of sanctions for misuse of discovery lies within the trial court's discretion. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 991.) Once a party is ordered by the court to provide responses to discovery, ...

Excerpt: ... court case, Horner v. Bank of New York Mellon, Case No. 8:16-cv-00557-CJC-DFM (USDC C.D. Cal.), and the other recorded in connection with this case. At any time after recording of a lis pendens, any party affected by it may apply “to the court in which the action is pending to expunge the notice.” Code Civ. Proc. §405.30. The person filing the lis pendens has the burden of proof to show that the lis pendens should not be expunged. Code Civ....

Excerpt: ... motion is denied. Special Interrogatories Nos. 48 through 55 seek (i) the identities (defined as names, last known residence and employment addresses, and telephone numbers) of each resident of Defendant's skilled nursing facility during the approximately three weeks (see Brief at 4:14- 16) Plaintiff resided at the facility; (ii) the identities of each “responsible party” (defined in a lengthy definition set forth in the interrogatories, and...

Excerpt: ...sibility is not the test and information, unless privileged, is discoverable if it might reasonably lead to admissible evidence. [Citation.] These rules are applied liberally in favor of discovery [citation], and (contrary to popular belief), fishing expeditions are permissible in some cases.” (Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) However, “[c]ourts must insist discovery devices be used as tools to facilitate litigati...

Excerpt: ...otions meet the first prong. The third cause of action alleges protected activity under the First Amendment; i.e., the filing of an FPPC complaint during an election campaign about election activity. It is further undisputed that the third cause of action must be stricken because the filing of an FPPC complaint, even one that may contain false allegations, is protected speech that may not be subject to judicial oversight. The first two causes of ...

Excerpt: ..., the defendant must establish that the challenged claim arises from activity protected by section 425.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success. We have described this second step as a ‘summary-judgment-like procedure.' [Citation.]” (Baral v. Schnitt (2016) 1 Cal.5th 376, 384, fn. omitted.) Protected activity: ...

Excerpt: ...andings. On 08/16/19, this Court adopted the discovery referee's recommendation to strike defendants' answer to the operative pleading (3rd Amended Complaint), as well as their cross-complaint, following a series of discovery abuses. On 09/18/19, this Court entered a signed order striking defendants' appearances, and ordering defendants to pay fees for the discovery referee. Thereafter, plaintiffs filed and served default prove-up packages. Befor...

Excerpt: ...use of action is for legal malpractice. “If the allegedly negligent conduct does not cause damage, it generates no cause of action in tort. The mere breach of a professional duty, causing only nominal damages, speculative harm, or the threat of future harm—not yet realized—does not suffice to create a cause of action for negligence.” Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison, 18 Cal.4th 739, 749–750 (1998). Here, the all...

Excerpt: ...� 1102.5, violation of Labor Code § 6301, failure to authorize and provide meal and rest breaks, and wrongful termination in violation of public policy, respectively. Civil Code § 3294 provides that punitive damages may be awarded in an action for breach of an obligation not arising from contract, if the plaintiff proves by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice. “Malice” means condu...

Excerpt: ...on stating facts showing that the actions are complex, as defined by the Judicial Council and that the actions meet the standards specified in Section 404.1.” (Code Civ. Proc., § 404; Ford Motor Warranty Cases (2017) 11 Cal.App.5th 626, 634.) Petitioner has not established the Phan Action is complex. The Phan Action only involves three parties. The complaint filed by Robert Phan alleges that Phan gave Linh and Vy Nguyen a $52,000 loan, which t...

Excerpt: ...erd Industries v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4 th 1568, 1588 A motion for leave to complete discovery closer to trial must be accompanied by a meet/confer declaration. [CCP §2024.050(a)] One of the factors to be considered by the court in making its discretionary ruling is “[t]he diligence or lack of diligence of the party seeking discovery or the hearing of the motion, and the reasons that discovery was not completed or...