Excerpt: ...he moving papers. This court continued the hearing on this petition for Attorney Petrohilos to file the proper substitution of attorney forms, which Attorney Petrohilos has since done. The petition was timely and complies with all procedural requirements, and was duly served and filed. (Code Civ. Proc., §§ 1285.4, 1286, 1288, 1288.4.) Plaintiffs' request for post-award, prejudgment attorney's fees and costs is granted pursuant to a timely filed...

Excerpt: ...to the filing of the documents and does not extend to the truth of any disputed factual matters therein. Defendants' objections to the Declaration of the City of San Bernardino are overruled. The court declines to rule on Defendants' remaining objections as they are not material to the disposition of the summary judgment motion. Plaintiff alleges that Defendants owed Plaintiff the level of skill and care that a reasonably careful lawyer would use...

Excerpt: ...g apply: [¶] (1) A statement of compliance with the demand is incomplete. [¶] A representation of inability to comply is inadequate, incomplete, or evasive. [¶] An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with both of the following: [¶] (1) The motion shall set forth specific facts showing good cause justifying the discovery sought by the demand. [¶] (2) The motion shall ...

Excerpt: ...bject to the demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. . . . [¶] (3) The demurring party shall file and serve with the demurrer a declaration stating either of the following: [¶] (A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement res...

Excerpt: ...y, breach of duty, causation, and damages apply.” (Ess v. Eskaton Properties, Inc. (2002) 97 Cal.App.4 th 120, 126). Defendant's Demurrer, however, does not demonstrate that the Complaint insufficiently alleges a cause of action for negligence. Sheehan v. San Francisco 49ers, Ltd. (2009) 45 Cal.4 th 992, 998, states, “Moreover, we may affirm the sustaining of a demurrer only if the complaint fails to state a cause of action under any possible...

Excerpt: ...suant to Evidence Code §452(h). 7th, 8 th and 10 th Causes of Action for Constructive Fraud, Intentional Misrepresentation and Fraud by Concealment Paragraph 126 of the 5AC alleges that CBRE aided and abetted other defendants in misrepresenting the actual purchase price of the property in question. This allegation is incorporated by reference into all of the causes of action at issue here. As explained by the court in Casey v. U.S. Bank National...

Excerpt: ...appears that the Sixth Amended Complaint alleges the same fraudulent scheme as in Barrons, with differences in the parties and the property at issue. For the same reasons set forth in the Court's ruling in the Barrons Demurrer, the Demurrer in this action is SUSTAINED without leave to amend as to the 3 rd, 7 th, 8 th, 10 th and 13 th causes of action. Plaintiffs' request for judicial notice is GRANTED. PETITION TO VACATE ARBITRATION AWARD BY KORN...

Excerpt: ... . . . .” Code of Civil Procedure section 2031.300, subdivision (b), provides, “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: . . . [¶] (b) The party making the demand may move for an order compelling response to the demand.” Code of Civil Procedure 2031.310, states, in part, “On receipt of a response to a demand for inspectio...

Excerpt: ...e or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what app...

Excerpt: ...vernment Code, the court, at the request of the alleged victim, may order the identity of the alleged victim in all records and during all proceedings to be either Jane Doe or John Doe, if the court finds that such an order is reasonably necessary to protect the privacy of the person and will not unduly prejudice the prosecution or the defense . . . .” Here, Plaintiff seeks to seal the declarations of Alexis Bastedo, filed on 11-26-18 and 11-29...

Excerpt: ...Association (Ladas) (1993) 19 Cal.App.4 th 761, 773-774, states, “ ‘[S]ection 1033.5, enacted in 1986, codified existing case law and set forth the items of costs which may or may not be recoverable in a civil action. [Citation.]' [Citation.] An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may nevertheless be recoverable in the discretion of the court if ‘reasonably necessary to the conduct of t...

Excerpt: ...he parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreement, shall appoint t...

Excerpt: ...atz Declaration and Exhibit A thereto), and (3) the Agreement encompasses the claims at issue here. This position is reinforced by the broad language of the Arbitration Provision, which requires the parties to “arbitrate any and all disputes or claims in any way relating to the relationship between you and us….” (See ¶3 of Katz Declaration, Exhibit A, §18.2). In opposing the Motion, Plaintiff asserts that the agreement to arbitrate is une...

Excerpt: ...udication against 3 separate cross-complainants into one motion, the court has decided, for expediency's sake, to forgive those defects and get to the heart of the matter. CFO Door has established that its scope of work did not include removal of the door stop over which plaintiff tripped. As a matter of law, the Subcontract between CFO Door and Day Construction expressly limits any duty that CFO Door may have to indemnify to only those claims ar...

Excerpt: ... the Plaintiff need not oppose the motion and the motio Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.) I burden, the burden shifts to the Plaintiff to produce evi existence of a triable issue of material fact. (Code Civ. (p)(2); Aguilar, 25 Cal.4th at pp. 850-51.) The elements of a negligence claim and a premises lia b duty of care, breach of that duty, and proximate cause v. Christian (1968) 69 Cal.2d 108.) A property owner i reasonable ca...

Excerpt: ...f the flooring were altered to ensure patrons' safety, there are still two areas of flooring that remain unaltered and are in the same condition as the portion of the floor where Ms. Botsford fell. Plaintiffs have not offered any explanation as to why the testing could not be performed on those unaltered portions of the flooring. Moving Party to give notice. ...

Excerpt: ...istrator's fee is $20,000 (P's & A's at 6:26, Settlement Agreement at p. 4, proposed Order at 2:22) or $12,000 (P's & A's at 7:13, Nordrehaug declaration at 4:2). The distribution numbers do not add up. The Settlement Agreement on p. 3, in Section III(4), says the allocations to be paid from the $450,000 gross settlement amount are the $168,000 PAGA payment, $150,000 in attorneys' fees, $12,000 in attorney costs, and not to exceed $20,000 for the...

Excerpt: ...0 (consuming alcohol while driving) and Dawes v. Superior Court (1980) 111 Cal.App.3d 82 (swerving in and out of lanes amongst pedestrians). They collectively stand for the proposition that merely driving while intoxicated is not enough to support punitive damages, but that driving in a way which enhances an appreciable risk to others may. Here, plaintiffs allege only that defendant was impaired, as if impairment makes exposure to punitive damage...

Excerpt: ... Katz Declaration and Exhibits A-I), and (3) the Agreements encompass the claims at issue here. This position is reinforced by the broad language of the Arbitration Provision, which requires the parties to “arbitrate any and all disputes or claims in any way relating to the relationship between you and us….” (See ¶¶3-12 of Katz Declaration, Exhibits A-I, §18.2). While there are no arbitration agreements signed by Plaintiffs Julie Arlotti...

Excerpt: ...very purposes, information should be regarded as “relevant to the subject matter” if it might reasonably assist a party in evaluating the case, preparing for trial, or facilitating a settlement thereof. (Gonzales v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) “The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information ...

Excerpt: ...s in place of identifying information as agreed to by Plaintiff. (See Motion: 4:17- 19). Additionally, any records produced in connection with this discovery may be used only within the instant action. As to Request No. 5 which seeks pay records, the Court finds Defendant has sufficiently identified a “legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that...

Excerpt: ...vided while these motions were pending, and the responses “are now substantially compliant.” What remains at issue is thus only the requests for sanctions. Under C.C.P. § 2033.280(c), it is mandatory that the court impose a monetary sanction on the party or attorney, or both, whose failure to serve a timely response to RFAs necessitated the motion. Therefore, despite the apparent discourtesy in bringing these motions without first advising n...

Excerpt: ... San Mateo action is irrelevant to the core issue, the avoidance of inconsistent rulings. If plaintiffs wish to participate in discovery in the San Mateo action they could petition to intervene in that action. The court agrees with moving party that the longer the San Mateo action takes to get to trial, the greater the danger of witnesses losing recollection and documents being lost or destroyed. As before, this court is willing to permit limited...

Excerpt: ...se individual and specific orders of the Panel which sought to provide further instructions to the Receiver or sought to provide the Receiver with additional powers. The court notes that the parties are free to file ex-parte or noticed motions with this court to seek the relief provided in any of the Panel's orders which are stricken as a result of this order. Authorities The court may, upon motion of the injured party, or its own motion, correct...

Excerpt: ...f nebulous evidentiary objections, a fair sample of which appear to be meritless, the court can properly overrule, and a reviewing court ignore, all of the objections on the ground that they constitute oppression of the opposing party and an imposition on the resources of the court”. Plaintiff's Objection #24, 26-28, 38-39, 41, 58 and 61, which object to statements of direct, personal knowledge, which the court can address without having to dig...