Excerpt: ...Code Civ. Proc., § 877.6, subd. (a)(2).) Or, a settling party may file a motion for determination of good faith settlement. (Code Civ. Proc., § 877.6, subd. (a)(1).) Defendant Schmidt had filed an application for good faith settlement determination without hearing. (ROA 37.) Defendant Brander filed an opposition to the application, but did not file any motion. (Opp. [ROA 41].) On March 30, 2021, the Court denied the application. (3/30/2021 Minu...

Excerpt: ...it of attachment have been met, including that: 1. the claim upon which the attachment is based is one upon which an attachment may issue; 2. plaintiff has established the probable validity of the claim; 3. the attachment is not sought for a purpose other than recovery of the claim upon which the attachment is based; and, 4. the amount to be secured by the attachment is greater than zero. (Code of Civ. Proc., § 484.090, subd. (a).) Plaintiff has...

Excerpt: ...n Plaintiff Icon Servicing, Inc. is wholly owned by Lawson, who is its CEO, sole officer, sole director, and sole shareholder. Lawson is licensed wholesale motor vehicle dealer. Lawson alleges he is dependent on the revenue of Icon for his income. (4AC, at ¶ 6.) The vehicle seized by Floorit was owned by Icon. (4AC, at ¶ 22.) All of the causes of action alleged are premised on interference with a property right. That property was owned by Icon,...

Excerpt: ... file a Proof of Service which demonstrates compliance with this provision; however, Respondent has appeared in this action and opposed the Petition on other than jurisdictional grounds. (Fireman's Fund Ins. Co. v. Sparks Construction, Inc. (2004) 114 Cal.App.4 th 1135, 1145). “A general appearance by a party is equivalent to personal service of summons on such party.” (Id.). “A general appearance operates as a consent to jurisdiction of th...

Excerpt: ... Trust Dated April 26, 2019. On February 25, 2021, the City issued the Notice to Abate pursuant to Health and Safety Code section 17980.6. (Code Decl., ¶¶ 20-22; Decl. of L. Moy, Ex. 2.) The Notice to Abate specifies the following thirty (30) violations of law that exist at the Subject Property. Since the issuance of the Notice to Abate, the Owner has failed to take any significant action to remedy any of the thirty (30) violations or health an...

Excerpt: ...at this matter does not justify invoking the punitive powers of the Court in a contempt proceeding and therefore discharges it as to Messrs. Yeremian, Rothman, and Haines. Order to Show Cause re Sanctions While it is axiomatic that an attorney must represent a client to the best of the attorney's ability and owes a duty to the client to present the case with vigor in a manner that is as favorable to the client as the rules of law and professional...

Excerpt: ... 1990s. In March 2020, he suffered disabilities and medical issues. Defendant knew of his issues since he had suffered other workplace injuries since mid-2017. Defendant stated it was laying him off in March 2020 because of the alleged slowdown caused by the pandemic. He was permanently terminated in September 2020. There was no slowdown and Defendant remained busy. The pandemic was a pretext to lay him off. When he was laid off, he was the secon...

Excerpt: ...ed evidence that he was been indicted in the Criminal Matter, which is pending for trial on 12/07/21. Bauche argues an immediate stay is necessary to avoid compromising his 5th Amendment right against self-incrimination. A stay, “is in accord with federal practice where it has been consistently held that when both civil and criminal proceedings arise out of the same or related transactions, an objecting party is generally entitled to a stay of ...

Excerpt: ... pursuant to Code of Civil Procedure sections 1987.2 and 2023.010. Pursuant to C.C.P. §1987.1(a), upon motion by a party to an action, a Court “may make an order quashing [a] subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court shall declare, including protective orders.” Additionally, “the court may make any other order as may be appropriate to protect the person from unreasonable o...

Excerpt: ...lification of the Arbitrator. CCP Section 1281.9 sets forth the requirements to protect the neutrality of arbitrators and outlines what information is required to be disclosed, including “all matters that could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartial…” Here, the parties were notified via March 4, 2020 letter that the Arbitrator was selected (by the ...

Excerpt: ...otion brought under this provision shall: (1) “set forth specific facts showing good cause justifying the production for inspection of any document…described in the deposition notice;” and (2) “be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition …by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.” Per CCP �...

Excerpt: ...art of her duties she was required to clean the bathroom where the incident took place. 3. The day before the incident, plaintiff entered the bathroom and there was a “locker” on the wall. She did not clean the bathroom that day. (At her deposition, she spoke Spanish and described it instead as “boxes.” However, her counsel, who speaks Spanish, said she meant to say “lockers,” and this was confirmed when she was asked by defense couns...

Excerpt: ...led on 6/11/21 by defendant LTRMN, Inc. A Mandatory Settlement Conference is scheduled for 10/28/22, and a jury trial is scheduled for 12/5/22. Plaintiff seeks summary adjudication of 1 st C/A of the original complaint for breach of contract Moving Party contends as follows: Towards the end of Plaintiff's employment, after negotiations, the parties entered into a separation agreement dated July 8, 2019 (“Separation Agreement”). (Fact 1.) Per ...

Excerpt: ...tiff RDI Financial, LLC (“Plaintiff”). In ROA 32, Defendant offers objections to the Declaration of Kyra Herrick- Ainsworth (ROA 14.) In ROA 33, Defendant offers objections to the Declaration of Kyra Herrick-Ainsworth (ROA 12.) The court considered the objections. The court SUSTAINS the objection and will not consider the Declaration of Andrea Kalmanovitz (ROA 10) because the document is unsigned. The court OVERRULES each of the objections wi...

Excerpt: ...��109 Onyx”) is a manager-managed limited liability company, managed solely by Defendant Johnny Lu. Defendant Alfa IDG, LLC holds a minority 10% membership interest in AUI. Plaintiff contends that all defendants breached a fiduciary duty owed to Plaintiff. When the sole shareholder of plaintiff, Xiao Ran Cheng, died, the administrator of Xiao Ran Cheng's estate, requested certain documents from 109 Onyx, as plaintiff's initial investment of $2,...

Excerpt: ...e subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. [Citation.] In establishing the statutory methods of obtaining discovery, it was the intent of the Legislature that discovery be allowed whenever consistent with justice and public policy. [Citation.] The st...

Excerpt: ...ff Hannah Mitchell commenced this action against defendant Ronald E. Moser, M.D., alleging a cause of action for medical malpractice arising from “a botched breast augmentation” with Dr. Moser at Aestheticare in San Juan Capistrano on or about February 12, 2018. On August 9, 2019, defendant answered the complaint. An MSC is scheduled for 10/08/21. A jury trial has been set for 11/08/21. Moving Party contends as follows: This motion is brought...

Excerpt: ...ompelling plaintiff Charles Todd Fagan to arbitrate his claims and dismissing or staying this action pending completion of arbitration. Facts/Overview: On 8/28/20, plaintiff Charles Todd Fagan commenced this action against defendants Macias Gini & O'Connell LLP (MGO) and Cresta Management Services, LLC (Cresta) (collectively, defendants), alleging the following 12 causes of action: 1. Fraud – false promise; 2. Fraud – intentional misrepresent...

Excerpt: ...saulted him by grabbing his testicles forcefully and telling him “don't f___around with me.” Reports to management went unheeded, and no disciplinary action was taken against Essangri (alleged to be a friend of the son of the owner). Plaintiff was terminated when the dealership was sold to a third party. Plaintiff filed his complaint against Defendants Hogan SRK, inc. and Farid Essangri on 09/04/20. The complaint alleges causes of action for:...

Excerpt: ...mage to plaintiff's property. Plaintiff subsequently filed Doe Amendments correcting defendants' name to Fire Insurance Exchange, which defendant has answered the complaint. A Mandatory Settlement Conference is scheduled for 1/28/22, and a jury trial is set for 2/28/22. Moving Party contends as follows: On August 5, 2020, Defendant Fire Insurance Exchange requested Plaintiff's availability for deposition. (Dolmage Dec. in support of motion, ¶ 2,...

Excerpt: ...s evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without merit or too general. . . . [¶] (b) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. [¶] (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the ...

Excerpt: ...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.” Plaintiff's (Santos Lares) Evidentiary Objections filed on 6-9-21 under ROA No. 36: The court OVERRULES Objection Nos. 1, 2, 3, 5, and 6. Since Plaintiff's declaration does not challenge the authenticity of his sign...

Excerpt: ...isors at the Fire Department); and (2) whether there is an attorney-client relationship between Jones & Mayer and the Investigator Steve Filarsky, and/or with the prosecuting attorneys from Atkinson, Andelson, Loya, Ruud & Romo (AALRR). “Preliminarily, we agree that in the context of administrative law, there is no absolute prohibition against the city attorney's office representing both the Board and other city agencies such as the police depa...

Excerpt: ...INS the objections to Plaintiffs' use of motions-in-limine as evidence. Mark Tanner Construction v. Hub International Insurance Services (2014) 224 Cal.App.4 th 574, 586-587 (Mark Tanner), states, “First, plaintiffs are bound by their allegations in the FAC. ‘ “A defendant moving for summary judgment may rely on the allegations contained in the plaintiff's complaint, which constitute judicial admissions. As such they are conclusive concessi...

Excerpt: ...'s Objections to Plaintiff's Evidence, consisting of Objection Nos. 1 through 3. There is a three-step process in reviewing a summary judgment motion. (Hansra v. Superior Court (1992) 7 Cal.App.4th 630, 638.) The court first “ ‘identif[ies] the issues framed by the pleadings since it is these allegations to which the motion must respond by establishing a complete defense or otherwise showing there is no factual basis for relief on any theory ...