Excerpt: ...0 Cal.App.3d 868, 881.) The court declines to consider Plaintiff's declaration. The allegations against these demurring defendants based upon vicarious liability continue to be inadequately alleged. The facts necessary to allege conspiracy, aiding and abetting, and alter ego liability are absent from the 2 ndAC. As for agency, the 2 ndAC alleges in a conclusory fashion that each of the Defendants was acting as the agent for the other Defendants a...

Excerpt: ...efendant moves to Compel Further Responses to Form Interrogatories, Set 2. For the reasons stated above, the motion is untimely. Tentative Ruling: Defendants ACCION LABS US, INC. and EMEAL BENFORD CLARK,Jr. Motion to Compel Plaintiff SECURE CHANNELS, INC. to provide further substantive and verified responses to Defendants' form Interrogatories (Set Two) is DENIED as untimely. CCP§2024.020(a). Since the opposition to motion 2 is essentially a dup...

Excerpt: ...er against defendant on 12/1/20. The plaintiff has the burden of proving: that the claim is one on which an attachment may be issued; the probable validity of such claim; and that the attachment is not sought for any purpose other than to secure recovery on the claim. (Code Civ. Proc., §484.090.) Types of claims subject to attachment: A claim upon which an attachment may be issued is a claim (1) for money based upon a contract, express or implie...

Excerpt: ... counsel states that Defendant was served with the summons and complaint on 8/12/20. This demurrer was not filed until 12/14/20, more than 30 days later. However, Defendant's counsel explains that on 8/20/20, Plaintiff's former counsel agreed that an amended complaint would be filed. (Eberhardt Decl. ¶ 4, Ex. B.) On 9/28/20, Plaintiff's counsel reiterated that an amended complaint would be filed soon. (Id. at ¶ 6.) However, Plaintiff retained n...

Excerpt: ...Record Form submitted to the State by Dreambuilder dated February 18, 2020; Exhibit 2: Section 1-001 of the Caltrans Construction Manual entitled “Purpose” dated May 2018. GRANTED 2. Plaintiff seeks judicial notice of the following in support of its opposition: Exhibit 1: Caltrans 2018 Standard Specifications, Section 5- 1.43 – Potential Claims and Dispute Resolution, Pages 58 to 67; Exhibit 2: Caltrans 2018 Standard Specifications, Section...

Excerpt: ... Inc and Orange County Coatings, Inc. (collectively, “Garage Coatings”) failed to comply with Sections 20.7 and 20.8 of the franchise agreement (“Franchise Agreement”), which is attached as Exhibit B of the SACC. It states as follows: “20.7 Prior Notice of Claims. As a condition precedent to commencing an action for a Claim, you must notify us within thirty (30) days after the occurrence of the violation or breach, and failure to timely...

Excerpt: ...ny Notices which were re-mailed, please identify the date the mailing occurred. Additionally, any individuals who have requested exclusion must be specifically named. 3. Please articulate the lowest payment under the settlement. 4. The unexecuted Declaration from the Settlement Administrator indicates the Net Settlement Amount is $306,091. (¶11 of unexecuted Kincannon Declaration). The Motion for Approval indicates the Net Settlement Amount is $...

Excerpt: ...in and Ironhorse for indemnification, apportionment of fault, and declaratory relief. On 11/9/20, Andrade filed an application for a determination of a good faith settlement with plaintiff. On 11/25/20, Tarin and Ironhorse cross-complained against Andrade for indemnification, declaratory relief, apportionment of fault, and equitable indemnity. On 12/1/20, this court stated by minute order that any party objecting to the settlement must file an ob...

Excerpt: ...tisfied their discovery obligations." Reply 6: 9-10. As the issue of discovery depends on the Court's determination of Petitioner's request to file an amended petition, leave to amend is addressed first. There is no dispute that the Arbitration Award was issued and served on August 20, 2020, that under CCP section 1288 the 100-day period to file and serve a Petition to Vacate the award ended on November 28, 2020, and that Petitioner timely filed ...

Excerpt: ...uperior Court (1997) 60 Cal.App.4th 342, 346.) CCP § 387(b) is a compulsory joinder provision which states that a nonparty has the right to intervene in litigation between others where he claims an interest in the property or transaction involved in such litigation, and is so situated that any judgment rendered in his absence “may as a practical matter impair or impede that person's ability to protect that interest ... ” Intervention by an i...

Excerpt: ...ed version showing all changes, deletions, and additions must also be submitted electronically to the Court. 1. Counsel indicates that stacking of the PAGA penalties was not applied, given language in Labor Code §2699(g)(1), which refers to “one or more of the alleged violations.” (¶12 of Supplemental Solouki Declaration). Counsel interprets this language as providing for only a single penalty, regardless of whether the violations are of �...

Excerpt: ...nd seeks to recover from Fernandez and the school district, Fullerton Joint Union High School District, on a single claim of negligence. Defendants move for summary judgment on two grounds: (1) assumption of risk; and (2) waiver. 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. (20...

Excerpt: ...r information regarding Request for Admission No. 2. Plaintiff agreed to provide Code compliant responses to Form Interrogatories 6.4, 6.6, 6.7, 9.1, 9.2, 12.1, 13.1, and 17.1 for information regarding RFAs 1, 3, 4, 5, 6, 7, 8, 9, and 10. Moving party's supplemental declaration filed on 3-23-21 indicates the plaintiff has not provided proper supplemental responses to form interrogs 6.7, 9.1, and 9.2. The court will hear argument on these items. M...

Excerpt: ...Horizon Health & Sub-Acute, LLC, defined as “Facility” for purposes of the agreement. The agreement provides at sections 1.1, 1.2, and 1.3 that any dispute between the parties to the contract, including disputes as to medical malpractice, provision of medical services, or provision of services or health care, including alleged violations of the Elder Abuse and Dependent Adult Civil Protection Act, will be determined by submission to arbitrati...

Excerpt: ...e all or any of the issues in an action or proceeding, whether of fact or of law, and to report a statement of decision. (b) To ascertain a fact necessary to enable the court to determine an action or proceeding. CCP § 638 “authoriz[es] courts to transfer a dispute to a referee” pursuant to a written agreement between the parties. (Grafton Partners L.P. v. Sup.Ct. (PriceWaterhouseCoopers L.L.P.) (2005) 36 Cal.4th 944, 960-961.) Where the par...

Excerpt: ...ve to use a computer, rather than a tablet or smartphone.) Plaintiff's counsel has no greater right to attend this examination than any other mental examination. The parties may agree in writing to conduct the exam at a different date/time/location or to conduct the examination in person. Defendant's sanctions request is denied. Plaintiff's failure to make arrangements to be present for the entire exam on one day may have been due to miscommunica...

Excerpt: ...Co. (2008) 168 Cal. App. 4th 165, 181.) Plaintiff alleges that she suffered severe injuries as a result of the accident. On July 13, 2020, Plaintiff served a demand for physical examination of Plaintiff. (Bui Decl., ¶ 2, Ex. A.) The notice stated that the physical examination would take place on August 17, 2020. (Id.) Plaintiff did not serve any objections to the demand and failed to appear at the examination. (Bui Decl., ¶ 3, Ex. B.) Plaintiff...

Excerpt: ... RFP 1-2 - Deny RFP 1 states: “Produce all written records of each payment you made for legal services at any time since June 24, 2011.” RFP 2 states: “Produce all electronic records of each payment you made for legal services at any time since June 24, 2011.” CBL objected to these requests based on attorney-client and work-product privileges, as well as relevance. Attorney-Client and Work Product Privileges CBL contends the requested pay...

Excerpt: ...Sakaguchi motion to compel as to Steven Wang); and · April 22, 2021 (Pearhead motion to compel as to Derek Luh). Additionally, the following discovery motions are set to be heard: · June 17, 2021 (Pearhead motion for protective order re third-party subpoena to Janover LLC); · July 8, 2021 (Steven Wang's Motion for Terminating and Other Sanctions, and/or To Compel Compliance with The Court's August 6, 2020 Discovery Order); and · July 8, 2021 ...

Excerpt: ...son Form Interrogatory Decl., ¶ 9, Ex. A.) However, Defendant's responses to Form Interrogatories (Set One) include general objections. (See Dickson Decl., ¶ 9, Ex. A.) Due to Defendant's failure to serve timely responses to the interrogatories, Defendant has “waive[d] any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protect...

Excerpt: ...whose interest is such that: (1) In the person's absence, complete relief cannot be accorded among those already parties to the action; or (2) Any judgment rendered in the person's absence might either (a) prejudice the person's ability to protect his or her interest in later litigation; or (b) leave any of the parties before the court exposed to a risk of additional liability or inconsistent obligations. (Code Civ. Proc. § 389(a); see Olszewski...

Excerpt: ...y certain fees and costs before the arbitration can proceed, if the fees or costs to initiate an arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel arbitration under Section 1281.2. “(b) If the drafting party materially breaches the arbitration agreement and is in default under subdivision (...

Excerpt: ...o protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: (1) That the deposition not be taken at all. . . .” Plaintiffs have noticed the deposition of Defendant's attorney. “Depositions of opposing counsel are presumptively improper, severely res...

Excerpt: ...edure sections 1008, 437c, and 1170.7. Majid contends that there are new or different facts as follows: (1) establishing that Majid being a party to a contract or transaction is an element for each of the six causes of action; (2) clarifications to the Declaration of Majid Adassi that he did not sign any of the invoices in the Second Amended Complaint (“SAC”) which rebukes the Declarations of Mohamad Odeh and Ashraf Sulaiman for lack of found...

Excerpt: ...Cal. Rules of Court, rule 2.551(b)(1).) 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 an overriding interest that overcomes the right of public access to the record; [¶] (2) The overriding interest supports sealing the record; [¶] (3) A substantial probability exists that the overriding interest will be prejudiced if...