Excerpt: ...btor's substantive rights by depriving it of property. Thus, the Landstar decision is applicable and the Convention does not authorize the issuance of a Letters Rogatory to enforce the Judgment. The Landstar opinion impliedly limits the court's inherent authority on this issue. This scenario is similar to the issue of awarding costs for copies, which are not helpful at trial. “Because the Legislature has expressly stated in subdivision (a)(12) ...

Excerpt: ...a proceeding has been duly assigned for hearing and determination to one department of the superior court ..., and the proceeding so assigned has not been finally disposed of therein or legally removed therefrom, it is beyond the jurisdictional authority of another department of the same court to interfere with the exercise of the power of the department to which the proceeding has been so assigned.” In re Marriage of Schenck (1991) 228 Cal.App...

Excerpt: ...ance. Defense counsel has provided no authority in support of its opposition to this motion. The court need not consider points unsupported by legal analysis or authority and such points are deemed waived. (Badie v. Bank of America (1998) 67 Cal.App.4th 779, 784- 785; Walters v. Boosinger (2016) 2 Cal.App.5th 421, 433, fn. 16.) Plaintiff's request for judicial notice is GRANTED. Plaintiff to give notice. Future Hearings: CMC: 3/14/18 8:30 am ...

Excerpt: ...e in confusing the various advertisements Defendants have published. This error did not cause any significant effect on the pleading. In the declaration of Proud Usahacharoenporn, there was adequate explanation for this mistake. Plaintiff's first cause of action sufficiently alleges breach of contract, as Judge Crandall previously concluded in connection with Defendants' prior demurrer. See Constructive Protective Servs, Inc. v. TIG Specialty Ins...

Excerpt: ...d with plaintiff's new employer and misrepresented that plaintiff was still employed by HFIC and used this false information to claim that plaintiff was not authorized to take any claims from HFIC insured individuals. (SAC at ¶ 45.) However, plaintiff failed to plead all required elements of an intentional misrepresentation claim with the required particularity and factual specificity. Thus, plaintiff has not alleged defendants engaged in an ind...

Excerpt: ...ord Bernstein, M.D., and Newport Coast Surgery Center, Inc. (NCSC) (collectively, cross-complainants) do not lack standing to sue on the subject lien agreements (see XC at ¶¶ 20-22, Exhs. 1, 3, 5; see also Complaint at ¶ 23, pp. 6-7), and nothing in the cross-complaint or judicially noticed documents affirmatively demonstrate cross-complainants lack the capacity to sue pursuant to Business and Professions Code section 17918. As for the demurre...

Excerpt: ..., 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 contract, the evidence shows the terms of the subject contracts were memorialized in part in written...

Excerpt: ... seventh cause of action for fraud still does not plead sufficient facts to show the alleged representations. At best, the plaintiffs ask the court to assume that Eggert made misrepresentations to Progressive Insurance in order to be placed on the list of approved repair facilities. But it is unknown whether any fraudulent statements were made, what they were, or whether Progressive even relied on them in designating Central Valley RV Repair as a...

Excerpt: ...evelopment. The project included seventy-eight (78) residential units and six (2) two-story structures. Although there was already a Condominium Act in California, the governing decision-makers of Manor elected to operate the development as a non-profit stock cooperative. While similar to a condominium, the biggest difference is that in a co-op the resident members do not own the unit they occupy; instead, they enjoy an exclusive leasehold of the...

Excerpt: ...lled legal training and ability in trying the cause, and the time consumed. (Stokus v. Marsh(1990) 217 CA3d 647, 657.) Here, Defendants wish to cap the fee award at no more than $70,548.00. There are 5 challenged items. Three items (dates of 11/19/14, 8/29/17, and 10/16/17) list the task of “legal research.” Another item (dated 1/21/16) lists the task of “analyze account history.” The last item (dated 10/13/16) lists the task “review an...

Excerpt: ...enforced.” (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37, citing Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 305.) The settlement agreement here names six parties, including Lucy Garcia. Plaintiff submits no evidence Lucy Garcia executed the agreement. Defendants to give notice. ...

Excerpt: ...018, defendant/cross-complainant Rudolph & Sletten filed its “Response” on February 13, 2018, and Black Diamond filed its Reply on February 14, 2018. CCP section 877.6(d) provides that “the party asserting the lack of good faith shall have the burden of proof on that issue." Rudolph & Sletten's Response attempts to discharge this burden only with respect to one issue, namely the Court's ability to determine the reasonableness of the propose...

Excerpt: ...vative or individual claims is debatable. But the Cross-Complaint contains allegations of individual harm, and the court must accept those as true for purposes of a demurrer. As the court has previously noted (see Minute Order of October 19, 2017), this is a small, close-held corporation run by immediate family members. Allegations of harm to the corporation can also constitute harm to the individual cross-complainants. (See, e.g., Goles v. Sawhn...

Excerpt: ...e section 2030.270, subdivision (a), explains, “The party propounding interrogatories, and the responding party may agree to extend the time for service of a response to a set of interrogatories . . . .” Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: . . . [¶] (b) The party propounding the interrogatories may move for an...

Excerpt: ...ic rules of civil litigation. Trial judges must acknowledge that in propria persona litigants often do not have an attorney's level of knowledge about the legal system and are more prone to misunderstanding the court's requirements. When one party has counsel and the other does not, the trial court should monitor to ensure the in propria persona litigant is not inadvertently misled, either by the represented party or by the court. Special care sh...

Excerpt: ...¶12 of Ruiz Declaration and Exhibit “I” thereto.) Additionally, the Court finds the joinder of Mary Block to the Cross-Complaint is appropriate, pursuant to Code of Civil Procedure sections 428.20 and 378(a)(1). MP to give notice. ...

Excerpt: ...and Donna Chavez (collectively Chavez) (Defendants, Cross- Complainants, and Cross-Defendants.) City moves for Summary Judgment on the Cross- Complaint filed on 8-14-17 by Holt Meyer (Defendant, Cross-Complainant, and Cross- Defendant). Request for Judicial Notice: The Court GRANTS Plaintiffs' Request for Judicial Notice of Exhibits 6-1, 6-2, and 6-3 (La Habra Municipal Code sections 12.20.100, 12.20.010, and 12.20.080) pursuant to Evidence Code ...

Excerpt: ...4-18 Fourth Amended Complaint was filed. Because there is but one complaint in a civil action (Ford v. Superior Court (1973) 34 Cal.App.3d 338, 343), the filing of an amended complaint moots a motion directed to a prior complaint. (See Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1054 [filing of first amended complaint rendered moot demurrer to original complaint].) Thus, once an amendedcomplaint is fi...

Excerpt: ...to dismiss the entire action and for entry of judgment after expiration of the time to amend following the sustaining of a demurrer may be made by ex parte application to the court under Code of Civil Procedure section 581(f)(2).” Code of Civil Procedure section 581(f)(2) states: (f) The court may dismiss the complaint as to that defendant when: … (2) Except where Section 597 applies, after a demurrer to the complaint is sustained with leave ...

Excerpt: ...endant Laguna Crest Enterprises, Inc seeking responses to 1 st Set of Special Irogs from Cross-Defendant Tresor Investments, LLC, there does not appear to be any opposition. The Declaration of Josef M. Cowan (Attorney for Cross-Complainants Kenneth John Fischbeck and Laguna Crest Enterprises, Inc) states that he served the special irogs on Tresor Investments on 5-9-17 and has not received any responses. As MP is entitled to discovery herein, and ...

Excerpt: ...70, subdivision (a), explains, “The party propounding interrogatories, and the responding party may agree to extend the time for service of a response to a set of interrogatories . . . .” Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: . . . [¶] (b) The party propounding the interrogatories may move for an order compellin...

Excerpt: ...urther responses were served on 8-18-17. Defendants denied RFA Nos. 7-10, stated that they will produce all responsive documents to RFPD Nos. 5-24, and provided amended responses to Form Irogs. Further, former counsel for Defendants attests that documents were produced on or about 10-6-17, and he tendered the sanctions check on behalf of Defendants, but that counsel for Plaintiff refused to accept the check. (Bitzer Decl., ¶¶ 13-14.) While it a...

Excerpt: ...Defendant did not set a hearing date and thus, a date for the response could not be calculated. Even if the content and the notice of the motion was adequate, the motion is untimely and not supported by any admissible evidence. Defendants to give notice. ...

Excerpt: ...ade, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” Code of Civil Procedure section 1287.4 provides, in part, “If an award is confirmed, judgment shall be entered in conformity therewith.” Here, Defendants (James Merizan and Jeannie Merizan) do not challenge the validity of the arbitration award. Thus,...

Excerpt: ...51, 974.) “A plaintiff's burden in asserting a fraud claim against a corporate employer is even greater. In such a case, the plaintiff must ‘allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written.' [Citation.] (Lazar v. Superior Court (1996) 12 Cal.4 th 631, 645.) The FAXC adequately alleges fraud as follows (1) G...