Excerpt: ...ns and shall thereafter enter appropriate orders. Nothing in this section is intended to deprive the court of its power to change the terms of the referee's appointment or to modify or disregard the referee's recommendations, and this overriding power may be exercised at any time, either on the motion of any party for good cause shown or on the court's own motion.” (CCP 643(c)) Attorney Charles Manh, who represents Anh Manh, objects to the refe...

Excerpt: ... Defendants thus ask the court to dismiss the action. “If those costs and fees are not paid within 30 days after service of notice of the transfer order … the court on a duly noticed motion by any party may dismiss the action without prejudice to the cause on the condition that no other action on the cause may be commenced in another court before satisfaction of the court's order for costs and fees. [Emphasis added.]” (CCP 399(a)) Plaintiff...

Excerpt: ...-16: Parties also to meet and confer within 5 court days to agree on the procedure for the production of the proposed sample of 10 Workers' Comp claim files per Pltf. Sanctions: Deny as to both parties. ...

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Excerpt: ...ling; There is no affidavit stating the elements listed in CCP §1008(a); Pltf shows no grounds for reconsideration; Finally, Pltf also fails to demonstrate grounds for relief under CCP §473(b) as he does not show “mistake, inadvertence, surprise or excusable neglect”; Deny motion. ...

Excerpt: ...s, circumstances, or law than those before the Court at the time of the original ruling; There is no affidavit stating the elements listed in CCP §1008(a); An unspecified emergency does not constitute a legal basis for a motion for reconsideration; Finally, Pltf also fails to demonstrate grounds for relief under CCP §473(b) as she does not show “mistake, inadvertence, surprise or excusable neglect”; No details of the emergency are provided ...

Excerpt: ...as of the effective date of this Agreement through the stipulated trial date, herein agreed between the parties, but not yet approved by the court, to commence on or about May 29, 2017.” Reply, Ex 1 However, at the time of the Stipulation, there was noconfirmed date for trial. Neither side addresses the issue of how the deadline to seek to reinstate Suzuki Motor of America is calculated, given that there have been multiple settings for trial, f...

Excerpt: ...s. ...

Excerpt: ...es and general principles relating to other fiduciary relationships, all help define the duty component of the fiduciary duty which an attorney owes to his [or her] client. [citations].” Stanley v. Richmond (1995) 35 Cal.App.4th 1070, 1086–87 Plaintiff alleges the existence of a fiduciary relationship between him and moving Defendants based on the attorney-client relationship. (FAC at ¶ 86). Plaintiff alleges Defendants “owed plaintiff a f...

Excerpt: ...ause of action [false imprisonment]: Khoury's case reported in the news is not on point; Sustain without leave to amend; 5 th cause of action [piercing corporate veil]: This is not a proper cause of action or a claim upon which substantive relief can be granted; Sustain without leave to amend; 6 th cause of action [fraud]: Mvng Pty fails to allege justifiable reliance by Khoury; Further, Khoury's allegations are contradicted by exhibits; Sustain ...

Excerpt: ...and either party moves for dismissal.” Under subdivision (f)(4), the Court may dismiss a complaint as to a defendant “[a]fter a motion to strike the whole of a complaint or portion thereof is granted with leave to amend the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal. On November 8, 2018, the Court sustained a demurrer to the first amended complaint by defendants Soto and Walswick and ...

Excerpt: ... well established that ‘California courts “have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not prejudice the substantial rights of others.” [Citation.] Indeed, “it is a rare case in which ‘a court will be justified in refusing a party leave to amend his [or her] pleading so that he [or she] may properly present hi...

Excerpt: ...rovencher (2002) 28 Cal.4th 274, 280-281.) Unless Cross-Complaints can establish at the hearing how they can plead a valid claim, the court will sustain the demurrer without leave to amend. (Hendy v. Losse (1991) 54 Cal.3d 723, 742. Cross-Defendants are to to give notice. ...

Excerpt: ...tle Report (Exhibit 1) is DENIED. Plaintiff's request for judicial notice of copies of recorded title documents (Exhibits 2 and 3) is GRANTED pursuant to Evidence Code section 452(h). To the extent that Plaintiff has filed an unlimited civil lawsuit seeking partition of real property, it appears Plaintiff lacks standing to bring a partition action pursuant to Code of Civil Procedure section 872.210, subdivision (b). Plaintiff contends in the oppo...

Excerpt: ...ugh the Opposition states Defendant is in full compliance with the 8-22-17 Minute Order such that this Motion is moot and or should be denied, it does not address counsel's failure to appear at the CMC. Plaintiff also presented evidence in the Reply that Defendant is not in full compliance with the 8-22-17 Minute Order as represented because the Responses included objections and Defendant was ordered to respond without any objections. Defendant a...

Excerpt: ...leading. [¶] (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” First, Plaintiff (Martha Johnson) filed a Notice of Non-Opposition to Defendant's Wells Fargo Motion to Strike Portions of Plaintiff's Second Amended Complaint. Plaintiff does not opposed Defendant's motion. Second, Plaintiff is limited to injunctive relief only pursuant to Civil Cod...

Excerpt: ....App.4 th 1388, 1402). “Declaratory relief operates prospectively to declare future rights, rather than to redress past wrongs.” (See County of San Diego v. State (2008) 164 Cal.App.4 th 580, 607). “A declaratory judgment ‘serves to set controversies at rest before they lead to repudiation of obligations, invasion of rights or commission of wrongs; in short, the remedy is to be used in the interest of preventive justice, to declare rights...

Excerpt: ...indicate what, if any, information is currently in Defendant's possession. (See Code Civ. Proc., §2030.300(a)(1).) Additionally, Defendant failed to support any of the objections asserted within the responses and it is unclear whether information has been withheld, on the basis of these objections. Notably, “if a timely motion to compel has been filed, the burden is on responding party to justify any objection.” (See Fairmont Ins. Co. v. Sup...

Excerpt: ...ure section 2033.250, subdivision (a), provides, in part, “Within 30 days after service of the requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared . . . .” Code of Civil Procedure section 2033.260, subdivision (a), explains, “The party requesting admissions and the responding party may a...

Excerpt: ...tice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.” Code of Civil Procedure section 1987.1, subdivision (b), allows a witness to bring a motion to quash. The subpoena seeks the employment records of FLC present or former employees David Medina, Robert Voss, Frank Leyva, Christo...

Excerpt: ...licy of permitting trial on the merits' [citation]. [¶] It was his burden to demonstrate ‘that due to some mistake, either of fact or of law, of himself or of his counsel, or though some inadvertence, surprise or neglect which may properly be considered excusable, the judgment or order from which he seeks relief should be reversed.' [Citation.]” (Hopkins & Carley v. Gens (2011) 200 Cal.App.4 th 1401, 1410; italics in original.) “A party se...

Excerpt: ...laintiff is granted 15 days leave to amend. The demurrers to the 4 th, 5 th, 6 th, and 7 th, causes of action are OVERRULED. As to the 1 st [Breach of Implied Contract] and 2 nd [Intentional Interference with Existing Contractual Relations] causes of action, no legally cognizable implied contract has been alleged. Exhibit A to the First Amended Complaint, the Offer Decision Form, expressly states it is not a contract and that employment is at wil...

Excerpt: ...state Services, Inc. (2006) 138 Cal.App.4th 1215, 1219- 20; WA Southwest 2, LLC v. First American Title Insurance Company (2015) 240 Cal.App.4th 148, 151.) Facts appearing in the exhibits take precedence over contrary allegations about them, in the pleading. (See Sarale v. Pacific Gas & Elec. Co. (2010) 189 Cal.App.4th 225, 245.) Demurrers to the 1 st through 5 th causes of action in the First Amended Complaint are SUSTAINED with leave to amend. ...

Excerpt: ...ation agreement. This includes the burden of demonstrating that a resident's purported agent had the authority to sign the arbitration agreement on behalf of the resident where, as here, it has been signed by such an agent, specifically, Decedent's son, Plaintiff Jeff Doyle (“Doyle”). (Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1130, fn. 6.) On 3/10/16, Doyle signed the Residence and Care Agreement, including Section I.3., an ar...

Excerpt: ...s never received? A 998 offer does not have to have a proof of service attached to it to be valid (see Berg v. Darden (2004) 120 Cal.App.4 th 721-732-33), but it must be “made” as an offer, and must be “served” (CCP §998(b), (c)). Here, the person who prepared the proof of service of the offer, did not actually serve the document. According to the proof of service, she merely gave the document to someone else to serve. That does not prov...