Excerpt: ...ion application is under consideration or a denial is being appealed, the borrower is making timely modification payments, or a foreclosure prevention alternative is being evaluated or exercised.” Here, the SAC alleges that Defendant Chase collected late fees while Plaintiff was in compliance with her permanent loan modification. (SAC ¶ 52.) Defendant's contention that the provision applies only while loan modification applications are under c...

Excerpt: ...Cal.4 th 599, 622; Maynard v. BTI Group, Inc.(2013) 216 Cal.App.4th 984, 993. In addition, the parties' briefing and evidence, both with respect to this motion and OSC re: preliminary injunction, strongly suggests that this action was and remains part of a greater dispute between the parties, which remains at issue and is currently being litigated in Delaware. That plaintiff dismissed this action without prejudice after the court denied its reque...

Excerpt: ...v. Williams (1994) 23 Cal.App.4th 238, 246 Plaintiff has not shown the harsh, time-consuming, expensive and potentially unjust remedy of a receivership is “absolutely essential” in this case. See, City & County of San Francisco v. Daley (1993) 16 CA4th 734, 745 Plaintiff's evidence supporting “insolvency” under CCP §654(b)(6) is insufficient to show that a receivership is warranted. At most, the evidence is equivocal. If believed, it sho...

Excerpt: ...ssor client just because the will becomes irrevocable at the testator's death.” Baker Manock & Jensen v. Superior Court (2009) 175 Cal. App. 4th 1414, 1422. Assignment Ineffective: In 2000, Robert and Suzanne Skowron engaged AmeriEstate Legal Plan, Inc. They retained Stephen Clemmer as their attorney to draft a living trust. Robert is deceased. Suzanne assigned her rights to Plaintiffs. As a matter of California public policy, legal malpractice...

Excerpt: ...ining defendants to these causes of action is sustained with leave to amend. The first cause of action for breach of contract fails to state facts sufficient to constitute a cause of action. The contract attached to the complaint indicates on its face that only defendant Evolution Hospitality, LLC is a party. Facts appearing in exhibits attached to the complaint are given precedence over inconsistent allegations in the complaint. (Holland v. Mors...

Excerpt: ...dants” in her fourth, fifth and sixth causes of action to mean the Sidley Austin Defendants. (See, SAC, ¶¶ 99, 100, 107, 108, 114 and 115.) The Sidley Austin Defendants are entitled to be apprised what allegations are against them versus the other named co-defendants in this case. Plaintiff Coleman should ensure that her allegations satisfy the standards discussed in the Carter cases against these moving defendants. See, Casey v. U.S. Bank Na...

Excerpt: ...ts, and that the bone grafts might not hold the implants. These two facts are sufficient to state a cause of action for lack of informed consent. Defendants also assert that this cause of action is duplicative of the first cause of action for dental malpractice, and as such, the demurrer should be sustained. The argument is unpersuasive: The first and second causes of action are distinct in that they allege different conduct. Moreover, they are s...

Excerpt: ...uses of action for void/fraudulent transfer alleged against defendants Lock & Lock USA Distributor, Inc. (LL USA), Jinyoung Park (Park), and JYP Investments, LLC (JYP) (collectively, defendants). (See Code Civ. Proc., §§ 484.090, 481.190, 482.040; see also Weil, et al., Cal. Practice Guide: Civil Proc. Before Trial (The Rutter Group June 2017 Update) Ch. 9(II)-D at ¶¶ 9:948, 9:948.1.) With respect to the first cause of action for breach of co...

Excerpt: ...ring is continued for the limited purpose of serving any omitted parties , their opposition will be due to the Court, at least 9 court days before the nex t hearing. This is not an authorization for the parties who were served with th e moving papers, to submit their oppositions at this time. Also, the MP's Notice of motion [see ROA 296] does not comply with CR C 3.1382 by identifying each party, each pleading or portion of pleading affecte d by ...

Excerpt: ...s within 15 days; Sanctions: Pltf shall pay to Defts $975 within 30 days as and for discovery sanctions. ...

Excerpt: ...; Grant; #12.2: Initial response failed to assert the atty/client privilege so it is waived; Further, nothing in declaration of Pltf's counsel to establish the response to this Interrogatory requires atty work product; Grant; #12.3: Mvng Pty did not comply with CRC 3.1345 – this Interrogatory is not in Mvng Pty's separate statement; Deny; Compel Production #182: Request is limited to EEOC documents related to this employer and the claims in thi...

Excerpt: ...[sex discrimination]: There is no basis for liability under California law based on Pltf's allegations; Sustain; There does not appear to be a way to repair this Complaint; Sustain without leave to amend. ...

Excerpt: ...r: The Complaint alleges that harm claimed by Plaintiff concerning the purchase of stocks occurred between February 2013 and November 2014. (Complaint, ¶¶ 17, 25.) Plaintiff commenced this action on May 28, 2015. Defendant Flower was named as Doe 5 on August 15, 2017. Thus, unless the relation back effect is given to the amendment naming Defendant Flower as Doe 5, it appears Plaintiff's claims, other than for breach of fiduciary duty and fraud,...

Excerpt: ...the Court rules as follows: SUSTAIN objection to ¶¶ 17, 20, 20.a, 20.b, 20.c, 20.d, 21, 25, 26, 27, 28, and 37; OVERRULE as to the remaining objections. (1) The balancing of harm lies in Defendant's favor. Code of Civil Procedure section 526(a) provides in pertinent part: “(a) An injunction may be granted in the following cases: … (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the li...

Excerpt: ... to Compel Responses to RFAs (11) Motion to Compel Responses to RFAs (12) Motion to Compel Responses to RFAs Tentative Ruling: (1-12) Plaintiff Balboa Capital Corporation's twelve discovery motions are DEEMED MOOT. Defendants represent, and Plaintiff concedes, that further responses were served after the motions were filed. Reasonable monetary sanctions of $3,880.00 are imposed against Defendants, payable within 30 days. The court “shall” imp...

Excerpt: ...tion 405.32, the burden of proof is on the party opposing the motion to show, by a preponderance of the evidence, that Complainant's claims have probable validity. (Code Civ. Proc., §405.30; See Also Howard S. Wright Construction Co. v. Superior Court (2003) 106 Cal.App.4 th 314, 319.) To meet his burden under these provisions, Plaintiff relies on two pieces of evidence: First, Plaintiff cites Exhibit B to the verified First Amended Complaint, w...

Excerpt: .../16/18 at 3 pm. The court will nominate 5 persons from those lists and give notice to the parties. The parties shall then have 5 days to file and serve a notice of their joint selection of arbitrator. If the parties fail to timely file such a notice, the court will appoint one of the 5 nominees as arbitrator. (See Code Civ. Proc., §§ 1281.3, 1281.6.) If the parties fail to timely propose any arbitrators in the first place, the court will appoin...

Excerpt: ...e can, at any time, change the rules for unvesting or altering pension rights?  Why am I looking at Superior Court rulings? Are those judges smarter?  Why do I need to take judicial notice of legislative history? Is the statute vague? Also, remember, I too have Westlaw.  Isn't there a rule about the length of briefs? I note the petitioner's brief is 27 pages long. ...

Excerpt: ...Sullivan Group of Court Reporters f.k.a. Sullivan and Hargreaves Court Reporters. Motion 3: Compel Production of Documents Pursuant to Business Records Subpoena. Moving Party Plaintiff/Cross- Defendant The Sullivan Group of Court Reporters f.k.a. Sullivan and Hargreaves Court Reporters. Responding Party Third Party Huntington Court Reporters & Transcription, Inc. (“Huntington”). Motion 4: Leave to File Amendment to Complaint. Moving Party Pla...

Excerpt: ... the defendants and they sought to recover their first appearance fees, and another minor sum, for a total of $2,177.25. First, an order was entered inadvertently on 11/28/17 awarding these Defendants the costs, while the Plaintiff's (mislabeled) motion to strike was pending. Given this, the Court finds it appropriate and necessary to consider the Plaintiff's Motion to strike at this time. Nevertheless, the Motion was untimely under CRC 3.1700(b)...

Excerpt: ... who frequented the gym. Plaintiff's allegations do not state facts sufficient to state a punitive damages claim as a matter of law because there are no facts to show that 24 Hour Fitness was completely aware of the possible consequences of allowing Bisping in the gym (i.e. that Defendant would attack someone outside of a sanctioned professional match). Further, a “should have known” standard is insufficient for punitive damages. The mere car...

Excerpt: ... overruled in their entirety. Defendants contend the statements at issue (that Plaintiff's employees are “thieves, crooks and liars” and Plaintiff is “going bankrupt” or “going out of business”) were “made in connection with litigation” and “are simply recharacterizations of (or otherwise plainly refer to) SG's allegations against the Verio Defendants in the SG Action.” (Mot. at 16-17.) Plaintiff denies the statements about �...

Excerpt: ...c)(1). The court notes that both parties are seeking punitive damages for this dispute. ...

Excerpt: ...f this action, having been filed on 10/2/17, without sealing. [See Docket #146, 147.] It is not apparent why they require being filed under seal now. In short, the entire RJN should not have been filed under seal. Truinject perhaps implicitly agrees with this, as the Motion indicates that the sealing is requested, specifically for Exhibit 1 of the RJN. [See 12/11/7 Mot. to Seal at 1:5.] That exhibit is a Note Purchase Agreement of 7/2014, ostensi...

Excerpt: ... examination and testing; and (3) plaintiff and her counsel to pay to the moving parties $3,040 for the costs incurred by Plaintiff's refusal to submit to the 12-15-17 examination with Dr. Boone, to which Plaintiff had previously agreed. ...