Excerpt: ...under the contract between the parties. Items 2 through 4 do not seek to establish a duty as a matter of law, but rather ask the court to make certain findings of fact. Unless the items completely dispose of a cause of action, that cannot be done. There is no statutory basis for an order summarily adjudicating a party breached a duty. Paramount Petroleum Corp. v. Superior Court (2014) 227 CA4th 226, 244. Even if items 2 through 4 could be summari...

Excerpt: ...]fter a trustee's deed upon sale has been recorded, a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent shall be liable to a borrower for actual economic damages pursuant to Section 3281, resulting from a material violation of Section 2923.5, 2923.7, 2924.11 or 2924.17…” Defendant presents no judicially noticeable documents which demonstrate Plaintiff has not suffered “actual economic damages,” sufficient to support ...

Excerpt: ... with Global Sourcing Solutions, Inc.; (2) its claim is for a fixed or readily ascertainable amount; (3) it is probably valid; and (4) the attachment is sought for no other purpose than to secure Plaintiff's claim. (Code of Civ. Proc., § 484.090, subd. (a).) Accordingly, the court grants the requested attachment in the amount of $228,951.57, which includes: the principal sum due, (i.e., $221,487.57); interest from August 20, 2018 (i.e., $4,824);...

Excerpt: ...s a 50% shareholder of CSS. Thus, even if all this litigation had never been filed, Wardak would have been free to invoke the involuntary dissolution procedures of Corp. Code §1900(a). This ruling is without prejudice to (1) a petition under Corp. Code §1904 asking the court to take jurisdiction over the voluntary winding-up proceeding if it appears necessary for the protection of any parties in interest, or (2) defendants, or any other appropr...

Excerpt: ...in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Errors and confusion created by “the inept pleader” are to be forgiven if the pleading contains sufficient facts entitling plaintiff to relief. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) A demurrer for uncertainty should be overruled if the facts are presumptive...

Excerpt: ... Motion is not stayed pending appeal. CCP §916(a); Bankes v. Lucas (1992) 9 Cal.App.4th 365, 368-369, superseded by statute on other grounds as stated in Lee v. Wells Fargo Bank (2001) 88 Cal.App.4th 1187, 1197 Defendant Wells Fargo Bank, N.A,'s Motion for an Award of Attorney's Fees under Civil Code §1717 is Granted. The Court has considered all of the parties' papers, including the supplemental briefing ordered by the Court on May 10. 2019, t...

Excerpt: ...chael Rodarte Jointly and Severally Motions by Defendants (1) Estates of Monarch Cove Community Association, (2) Robert Shipp, (3) Estate of Jeffrey Rhoades, and (4) William and Sophie Bendush for Attorneys' Fees The motions for attorneys' fees and costs are GRANTED pursuant to Civil Code Sections 1717 and 5975(c) and the Memorandum of Costs filed 1/16/19. The Judgment awarding attorneys' fees and costs in favor of the moving parties will be ente...

Excerpt: ...ers, there are no facts pled tending to show that a corporation owes a fiduciary duty to shareholders such as plaintiffs. In this case, the damages suffered by the individual plaintiffs by the sale of their shares at an artificially deflated value, is not incidental to the general damage to the overall value of the shares in Posh Shop, Inc. because only the plaintiffs sold their shares. Because the plaintiffs' claims against the company and Ms. N...

Excerpt: ...presentation, (2) knowledge o 4) justifiable reliance, and (5) damages. (Lazar v. Superior Court (1996) 12 Cal. 4 Plaintiff alleges Defendant “Defendants made false statements and promises in t h oversight of the modification process and good faith in providing a modification e v 27.) Defendant argues that the economic loss rule bars this misrepresentation cl a The California Supreme Court has concluded that a Plaintiff may not recover tort d a...

Excerpt: ...ell as the conflicting evidence at trial, do not show that the jury's verdict was contrary to any instructions, or otherwise against law. (CCP 657(6); Kaiser Cement & Gypsum Corp. v. Allis-Chalmers Mfg. Co. (1973) 35 Cal.App.3d 948, 958.) Third, the court is not persuaded that use of a general verdict, in light of the parties' inability to agree on a special verdict form, or that any instructions given or not given, were error. (CCP 657(1), (7).)...

Excerpt: ...n showing all changes, deletions and additions shall be submitted as well. As to the Settlement: 1. There is insufficient evidence from which this Court can make a finding that the settlement is fair, adequate and reasonable. Plaintiff Counsel's declaration submitted with the motion is conclusory as to this issue, without sufficient analysis of Plaintiff's valuation of each of the causes of action based on the documents and testimony, including t...

Excerpt: ...s, deletions and additions shall be submitted as well. As set forth in detail below, the Court has serious concerns about how carefully the settlement materials were drafted and whether the settlement is reasonable for a number of reasons. While the Court does not expect the first go-around of a motion for preliminary approval to be letter perfect, it expects a lot more than what was provided here. This is especially true where one of the lawyers...

Excerpt: ...ut of having their personal information disclosed in response to a mutually agreeable (or court- ordered) Belaire-West notice, whose cost defendant fully bears. In addition, defendant's supplemental response to Special Interrogatory #30 may be limited to “AGGRIEVED EMPLOYEES” instead of “PERSONS”, as defined in plaintiff's Special Interrogatories. Plaintiff indicated a willingness to have a Belaire-West notice sent in connection with the ...

Excerpt: ...improper double collection. Would the second payment still tax? In order to show that there was not an initial payment of sales tax, Balboa would judgment. If there was no initial payment, then there would be no double payme n If there was an initial payment of sales tax, some equitable arrangement should o for the payment or CDK Global should return the payment. WAC 458-20-211 (g) “retail sale” excludes any purchases for the purpose of resal...

Excerpt: ...tions were filed. Thus all discovery regarding hourly-paid employees is moot. The scope of discovery is broad and is construed liberally in favor of disclosure. (Code Civ. Proc., § 2017.010; Williams v. Superior Court(2017) 3 Cal.5th 531, 541.) There is “no obligation on a party propounding interrogatories to establish good cause or prove up the merits of any underlying claims.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 550.) Further...

Excerpt: ...inventory levels. The job required occasional walking, but was otherwise sedentary. Her supervisor was Patrick Murphy. On 10/17/17, plaintiff sustained an achilles tendon injury to her left foot while competing in a roller derby match. She requested, and was granted, an initial leave of absence through 10/31/17. She thereafter requested unpaid leave through 02/11/18. Defendant agreed to hold plaintiff's position though 01/31/18 – noting that pl...

Excerpt: ...on, it had not yet been approved. Second, the Motion as filed is defective on its face, as it did not state the date and time of the hearing or identify the papers upon which it would be based, as required by C.C.P. § 1010 and CRC 3.1110(b),or the date of the filing of the action, as required by CRC 3.1110(b). However, as Plaintiff responded on the merits, those defects are waived. (See Tate v. Superior Court (1975) 45 Cal.App.3d 925, 930 and Ca...

Excerpt: ...ia Code of Civil Procedure § 2030.220(a) states that “[e]ach answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” “[P]arties, like witnesses, are required to state the truth, the whole truth, and nothing but the truth in answering written interrogatories.” Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783. “A party may not deliberately m...

Excerpt: ...efined in Section 1161 of the Code of Civil Procedure:” . . . “(b) If it appears from the complaint or affidavit, or otherwise, that the superior court or court location where the action or proceeding is commenced is not the proper court or court location for the trial, the court where the action or proceeding is commenced, or a judge thereof, shall, whenever that fact appears, transfer it to the proper court or court location, on its own mot...

Excerpt: ... request for a continuance must be considered on its own merits.” (Id., at rule 3.1332(c).) Moreover, on motion of any party, the court may “reopen discovery after a new trial date has been set[.]” (Civ. Proc. Code § 2024.050(b).) The court may grant a continuance when good cause is shown, by circumstances including the following: • A party's excused inability to obtain essential testimony, documents, or other material evidence despite d...

Excerpt: ...nd fixing the amount of attorney's fees to which they are entitled as the party prevailing on the contract in this action. The motion also requests that the monetary sanctions under CCP §128.5 awarded by the Referee, be extended to the entire proceeding from the date of the filing of the Petition for Alternative Writ to the final proceedings re fees and costs, in addition to those the Court has awarded per the recommendations of the Referee for ...

Excerpt: ... State Bar has concurrent jurisdiction. (Cal. Rules of Court, rule 9.40(f).) If it is true that attorney Reiland failed to advise the Court and the State Bar of his professional move, that would appear at best to be an ethical lapse by Robert Reiland and Mario Palencia better addressed by the State Bar. Finally, the Court notes that neither Robert Reiland nor his supervising California attorney, Mario A. Palencia (SBN 300315), have filed oppositi...

Excerpt: ...triking the complaint and dismissing the action and assessing reasonable attorneys' fees and costs, on the grounds that: (a) Plaintiff failed to provide sufficient Notice to the Defendant before filing the lawsuit; (b) the Complaint is without factual or legal merit and was filed primarily for an improper purpose to harass and extort money from the Defendant; (c) Plaintiff failed to comply with statutory notice to Defendant; and (D) deficient Ser...

Excerpt: ...(AR 135-136.) In a prior writ proceeding, this court found that the alleged false statements had been obtained in violation of Petitioner's POBRA rights, so that the allegations of dishonesty against him could not be sustained and could not form the basis of his termination. The court remanded the case to the City Council to reconsider the appropriate penalty, based exclusively on Petitioner's violations of departmental policy, and excluding any ...

Excerpt: ...iability fails as a matter of law because it is expressly preempted by federal law, including by not limited to, 21 U.S.C. § 360k(a) 3. Plaintiffs' failure to warn claims fail because they are barred by the Learned Intermediary Doctrine. A defendant moving for summary judgment bears an initial burden of producing admissible evidence sufficient to show that the plaintiff's action has no merit; i.e., that, as to each cause of action, one or more e...