Excerpt: ...rmation, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including...

Excerpt: ...language, they do not accept the truth of matters stated in those documents. Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal. App. 4th 256, 264-65; Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. Defendant Velocity's objection to the Evidentiary Appendix, Exhibit 3, is sustained because the court sees no foundation for it, and defendant's other objections to the Evidentiary Appendix are overruled. Defendant Velo...

Excerpt: .../21, the Court granted in part and denied in part the motion to compel compliance. In addition, the Court ordered the parties to (1) meet and confer within 7 days and agree on a new Belaire notice to be disseminated immediately, OR (2) agree on a discovery referee, or at least a short list of three for this Court to select from. The issue of sanctions was not ruled upon at that time, pending the outcome of the parties meet and confer efforts or a...

Excerpt: ...4 [attaching ROA 540, stipulation and proposed protective order electronically received on October 10, 2014].) In any event, because the parties are direct competitors, the court raised with counsel at the April 23, 2021 hearing the possibility of an additional “attorneys' eyes only” highly confidential protective order. The court, however, made clear in its ruling that TagTrends and Brand Genetix failed to proffer any evidence to establish t...

Excerpt: ...ptember 17, 2021. (ROA No. 84). Having reviewed the above referenced document and the Revised Agreement attached thereto, the Court has the following concerns: 1. Plaintiff has indicated an intent to dismiss the individual Defendants from this action. (¶3(i) of Supplemental Del Castillo Declaration). Plaintiff should file her Request for Dismissal, to permit this action to be fully resolved. 2. The Court notes that the Release has been amended; ...

Excerpt: ...ed to resolve for a gross settlement amount of $1,500,000 (GSA). From there, counsel proposes the following deductions/allocations: Attorney Fees: $500,000 (1/3 of the GSA) Litigation Costs: $40,000 Plaintiff Enhancement: $30,000 total ($10,000 x 3) Admin. Costs: $45,000.00 LWDA share of PAGA: $15,000 Class size: California Class: 7,844; FCRA Class: 50 Class tax allocations: 25% W-2; 75% 1099 Uncashed checks: State Controller Based upon the above...

Excerpt: ... judicial notice of the existence of a contract between private parties].) Legal Standard 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; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) Furthermore, the court must accept the allegations as true regardless of how �...

Excerpt: ...ual recovery under the proposed settlement, including maximum, minimum and average workweeks, and estimated high, low and average payments to be paid to the aggrieved employees based on their workweeks, information that would enable the court to better evaluate the reasonableness of the settlement. The definition of Released Claims used in the settlement agreement in Section I(V) on pp. 3-4 is too broad. Because the scope of a lawsuit is defined ...

Excerpt: ...bit A to the Declaration of Daniel R. Paluch. The Court GRANTS judicial notice of Exhibit A pursuant to Evidence Code section 452(c). The Court takes judicial notice of the existence of these documents and their legal effect. but the court does not take judicial notice of the truth of the matters which might be deduced therefrom. (See, Ragland v. U.S. Bank Nat. Assn. (2012) 209 Cal.App.4th 182, 194.) Merits. Defendant YGRENE contends Plaintiff's ...

Excerpt: ...e making which allegation(s). Defendant demurs solely to the 3rd cause of action (“COA”) for Fraudulent Inducement- Concealment on the basis that is fails to state facts sufficient to establish a COA (Civ. Proc. Code § 430.10(e)) and that it is barred by the economic loss rule. Concealment is, “[t]he suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of co...

Excerpt: ....4th 656, 661-665.) Applicable privileges include the privilege for publications made in a judicial proceeding under Civil Code section 47(b). (Ibid.) Here, the fifth cause of action in the FACC is based on Cross-Defendant “asserting frivolous claims that Cross-Complainants do not have rights to continue occupying, using and maintaining the decks and gangways…” (FACC ¶ 52.) The alleged publication includes sending “written demands to Cro...

Excerpt: ...Section 1941.1 defines an uninhabitable dwelling. However, Civil Code section 1940 demonstrates a legislative intent to exclude hotels from the definition of a dwelling under that section. Moreover, Plaintiff has not cited any legal authority holding that a violation of section 1941.1 gives rise to a private cause of action. Similarly, Plaintiff has failed to show that a violation of Health and Safety Code section 17920.3 gives rise to a private ...

Excerpt: ... she obtained against Tiger Loans, and requests this amount be included an amended judgment against Tiger Loans. “The statutes and rules distinctly address three different types of costs and fees: prejudgment costs, including attorney fees where authorized by contract, statute or law (§ 1033.5, subd. (a)(10)), are recovered through procedures established under section 1034, subdivision (a) and rules 3.1700 and 3.1702(b); appellate costs and fe...

Excerpt: ...f 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 rescission of the agreement. ¶ (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibil...

Excerpt: ...factors: • the amount paid in settlement • a rough approximation of plaintiff's total recovery and the settlor's proportionate liability • a recognition that the settlor should pay less in settlement than if found liable after a trial • the allocation of settlement proceeds among plaintiffs • the settlor's financial condition and insurance policy limits, if any • evidence of any collusion, fraud, or tortious conduct between the settlo...

Excerpt: ...re section 2031.320, subdivision (a), if a party filing a response to a demand for inspection, coping, testing, or sampling fails to permit the inspection, copying, testing, or sampling in accordance with that party's statement of compliance, the demanding party may move for an order compelling compliance. There is no fixed time limit on a motion to compel compliance as agreed. Standon Co., Inc. v. Superior Court (1990) 225 Cal.App.3d 898, 903; s...

Excerpt: ...ed Material Facts (“UMFs”). In support of her motion, Plaintiff presents evidence of the following facts:  On or about 4-6-1999, Alan Bramlett opened a “Roth IRA” account with Defendant Vanguard Group, Inc. (UMF 2)  On or about 4-9-1999, Alan Bramlett designated Anthea L. Bramlett as his 100% beneficiary on the Roth IRA account. (UMFs 3-7)  On or about 4-14-1999, Alan Bramlett opened a traditional IRA account with Defendant. (UMF...

Excerpt: ... Article XVII, section 1 of the CC&Rs provides: “ENFORCEMENT. The Association, or any owner, shall have the right to enforce by proceedings at law or in equity, all restrictions, conditions, covenants and reservations, now or hereafter imposed by the provisions of this Declaration or any amendment thereto, including the right to prevent the violation of any such restrictions, conditions, covenants, or reservations and the right to recover damag...

Excerpt: ....P. § 1281.2.) The provisions of the written agreement to arbitrate and the paragraph that provides for arbitration must either be stated verbatim in the petition or attached thereto. (C.R.C. 3.1330.) The burden then shifts to the resisting party “to demonstrate that an arbitration clause cannot be interpreted to require arbitration of the dispute.” (Buckhorn v. St. Judge Heritage Medical Group (2004) 121 Cal.App.4th 1401, 1406.) Any doubt o...

Excerpt: ...vance. On a motion to compel arbitration, the trial court must first determine whether “an agreement to arbitrate the controversy exists.” (Code Civ. Proc. § 1281.2) “When presented with a petition to compel arbitration, the initial issue before the [trial] court is whether an agreement has been formed.” (Diaz v. Sohnen Enterprises (2019) 34 Cal.App.5th 126, 129.) “Because the existence of an agreement is a statutory prerequisite to gr...

Excerpt: ...0 et seq.), a money judgment obtained in another state may be filed with a California court and a California judgment immediately entered thereon. The judgment so obtained is fully enforceable in California (subject generally to a 30-day stay after service of notice of entry on the judgment debtor. (Conseco Marketing, LLC v. IFA & Ins. Services, Inc., (2013) 221 Cal. App. 4th 831, 837- 838—SSMJA provides expeditious and economical registration ...

Excerpt: ...t and conferred regarding the issues raised by the motions. FORM INTERROGATORIES Defendant claims that Plaintiff provided responses “in a strange draft format without identifying the case or responding party, without signature by an attorney despite containing objections, and also in an electronic only Word document.” Defendant requests that responses be provided with an attorney signature and via hard copy or PDF to prevent unintended modifi...

Excerpt: .... 2 on February 16, 2021. Plaintiff filed two other Doe amendments the same day, naming Los Angeles SMSA Limited Partnership as Doe No. 3 and Bechtel Corporation as Doe No. 4. The court (Judge Bauer) overruled the American Tower defendants' objections to plaintiff's Doe amendments in a May 20, 2021 order. The court has nevertheless read and considered the American Tower defendants' objections in connection with its consideration of the instant mo...

Excerpt: ...n that gives rise to this petition on September 9, 2020. Bettenhausen Decl. Ex. B; see also Tishjian Decl. ¶ 5 (“On September 28, 2020, I sent an e-mail to counsel for [Cove] indicating that [Shore] would accept the arbitration of the limited non-monetary issues presented in the demand [for arbitration].”); Bettenhausen Decl. Ex. C. In October 2020 Shore sued Cove in superior court (Case No. 2020-01166079) alleging one cause of action for de...

Excerpt: ...ate Services, Inc. (“Bondcorp”) and Stacie's former husband, Bryan K. Bond (“Bryan”). The Agreement is attached to the complaint as Exhibit A. Stacie was not a party to the Agreement. Attached to the FAC as Ex. B is a single letter dated 8/8/2019 to Bryan and Stacie attaching invoices and stating an amount owed for legal services rendered by plaintiff. None of the invoices are addressed to Stacie. Plaintiffs seek to hold Stacie accountabl...