Excerpt: ...ng party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without merit or too general.” Code of Civil Procedure section 2030.220, provides, “(a) Each answer in a response to interrogatories shall be as complete and straight forward as the information re...

Excerpt: ...his litigation and prepare the case for trial. Client has also failed to assist counsel in the litigation and there is currently a breakdown of the attorney-client relationship.” The declaration submitted in support of this Motion supports withdrawal under Rules of Professional Conduct, rule 3-700, subdivisions (C)(1)(d) and (C)(1)(f). Moving Counsel will remain the attorney of record for Mr. Lee until Moving Counsel files proof of service of t...

Excerpt: ...s or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense ther...

Excerpt: ...iable issue of material fact. Plaintiffs having not filed any opposition hereto, fails to sustain their burden and the motion is granted. MP to give notice. MP has sustained its burden of establishing it had no ownership or possessory interest in the vehicles involved in the accident. As such, it could not give permission to Defendant Stine to use the vehicle and thus, there was no duty owed by MP. Plaintiffs fail to sustain their burden to creat...

Excerpt: .... . . .” Code of Civil Procedure section 576 provides, “Any judge, at any time before or after the commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading . . . .” “A court, at any time before or after commencement of trial, may allow an amendment to a pleading in furtherance of justice. [Citation.] Where no prejudice is shown to the adverse party, the liberal rul...

Excerpt: ...Wholesalers of California dba Seemo Cars at the same location as the Notice of Default was served. As with any proceeding, the court cannot proceed unless the complaint, moving papers, and all the supporting documents are timely served (Code Civ. Proc., § 1005). Any TRO already issued will be dissolved if the hearing is thwarted due to lack of service. (Code Civ. Proc., § 527(d)(3).) Accordingly, Writ of Attachment and Writ of Possession is tak...

Excerpt: ...essional Conduct, rule 3-700, subdivisions (C)(1)(d) and (C)(1)(f). Moving Counsel will remain the attorney of record for Air802, LLC until Moving Counsel files proof of service of the signed order upon Air802, LLC. The order will become effective upon the filing of the proof of service upon Air802, LLC. Moving counsel to give notice. Moving Counsel's (Law Offices of Thomas F. Nowland) unopposed Motion to be Relieved as Counsel for Defendant—Mi...

Excerpt: ... regarding the use of Doe pseudonyms in court proceedings. “[F]ederal courts “have permitted plaintiffs to use pseudonyms in three situations: (1) when identification creates a risk of retaliatory physical or mental harm [citations] ; (2) when anonymity is necessary ‘to preserve privacy in a matter of sensitive and highly personal nature,' [citations]; and (3) when the anonymous party is ‘compelled to admit [his or her] intention to engag...

Excerpt: ...fer. Lawyers' Escrow is ordered to comply with the Subpoena within 15 days after service of notice of this order. Monetary sanctions in the amount of $560 are awarded against Lawyers' Escrow and in favor of Plaintiffs. Code Civ. Proc., § 2025.480; see also Cal. Prac. Guide Civ. Pro. Before Trial Ch. 8E-6 at ¶ 8:617.5 (“Monetary sanctions (as well as contempt) are available against nonparties who ‘flout the discovery process.'”). Plaintiff...

Excerpt: ...terrogatory No. 3 and DENIED, as to Special Interrogatory No. 4. The Court finds Plaintiff's response to Special Interrogatory No. 3 was evasive and incomplete and orders a further verified response, absent objections, within 15 days-notice of this order. No order of sanctions. Moving party to give notice. ...

Excerpt: ...lance footage at issue. Thus, Plaintiff's motion is moot as to the video. Defendants have met their burden to establish the incident report at issue is protected from disclosure by the attorney-client privilege. (Evid. Code § 405; D.I. Chadbourne, Inc. v. Super. Ct. (1964) 60 Cal.2d 723, 736; Soltani-Rastegar v. Super. Ct. (1989) 208 Cal.App.3d 424; Payless Drug Stores, Inc. v. Superior Court (1976) 54 Cal.App.3d 988.) Here, the incident report ...

Excerpt: ...ndant has identified two groups of documents to which the subject requests pertain: (1) documents relevant to pricing and payment arrangements between Miracle Mile and plaintiff in the past, and (2) documents reflecting plaintiff's cost for durable medical equipment issued to the various defendants. It appears that the documents sought would be directly relevant to defendants' unclean hands and unjust enrichment defenses, as well as to the reason...

Excerpt: ...e also ¶4 and ¶53-¶56 of FAC, ¶2 and ¶5 of Makemson Declaration and ¶3 and ¶6 of Walden Declaration). As a nominal defendant the corporation stands in conflict with the insider defendant who is being accused of fraud. Court issues no order regarding outside counsel for the corporation but notes that the Court in Forrest concluded that outside counsel for the corporation is the better approach while the corporate attorney represents the ins...

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Excerpt: ...on 11/24/15. It sought a judicial declaration “as to whether Plaintiff or Defendant have acquired an easement over the other's property based on the location of the boundary line.” Complaint, Prayer at 12. In four separate causes of action – the Eighth through Eleventh – Plaintiff sought the establishment of “an easement across Defendant's property for use of Plaintiff's driveway.” Id. at 13. It does not appear that Plaintiff verified...

Excerpt: ... argues that decedent “died instantly,” but this appears to be a mischaracterization of Plaintiff's pleadings, as discussed more fully below under the third point. (Motion to Strike at p. 2, lines 5-6 [citing Complaint at ¶¶ 4-10. 17].) Defendant's argument tacitly imples that decedent's surviving spouse may maintain a wrongful death action, but cannot not bring a survival action because decedent's death was instantaneous. Where a decedent ...

Excerpt: ... GRANTED. (CCP § 473(d).) The default judgment against Defendant Laterza is void as a matter of law due to improper service. (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544; Ramos v. Homeward Residential, Inc. (2014) 223 Cal.App.4th 1434, 1443-44.) Plaintiff attempted to serve Defendant by substituted service at Defendant's work, but did not locate or use the correct work address. Within 15 days of service of the notice of ruling, Defendant sha...

Excerpt: ... under Civ. Proc. Code § 473 (b). Leader v. Health Indus. of Am., Inc. (2001) 89 Cal. App. 4th 603, 620. The requirement to submit an answer or other pleading applies to the discretionary portion of the statute. When the court grants a relief under the mandatory portion of Civ. Proc. Code § 473 (b), “[t]he court shall, whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory lega...

Excerpt: ...Pacers Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690 [trial courts have the discretion to stay a civil action when a criminal matter is pending.]) All other discovery as to third party witnesses and documents is not stayed. (Fuller v. Superior Court (2001) 87 Cal.App.4th 299, 310 [the trial court may devise a solution that fairly accommodates the interests of all parties and the judicial system in light of circumstances].) A status hearin...

Excerpt: ...dence that the defendant has been guilty of oppression, fraud, or malice. “Malice” means conduct that is intended to cause injury or despicable conduct that is carried on with a willful and conscious disregard of the right and safety of others. Civ. Code § 3294(c)(1). In Taylor v. Superior Court (1979) 24 Cal.3d 890, plaintiff sued to recover compensatory and punitive damages for injuries sustained in an automobile collision with a car drive...

Excerpt: ... to March 19, 2018 at 10:30 a.m. in Department C-26. Paramount is ordered to produce evidence of the costs it incurred in taking the depositions of Steve Martin and Brian Bergmark. No further briefing is permitted. Motion 2: Motion to Tax Costs. Moving Party: Paramount Petroleum Company (“Paramount”). Responding Party: Sully Miller Holding Company (“Sully Miller”). Opposition filed. Ruling Motion 2: Paramount's Motion to Tax Costs is gran...

Excerpt: ...20) days, Plaintiff and her attorney shall pay sanctions in the sum of $1,335.00 [($318.75 per hour x 4 hours) + $60.00 filing fee]. The requested sanctions were reduced by three hours, because there was no Opposition or Reply. Motion No. 2: Defendant's Motion for Terminating Sanctions is DENIED.The court orders Plaintiff to comply with the court's previous orders of previous discovery orders of April 24, 2017 and October 2, 2017. For failure to ...

Excerpt: ...e same terms as the TRO, to remain in effect until the property is seized by the levying officer. [CCP § 513.010(c)]. No undertaking, as Defendant has no interest in the subject vehicles. CCP§515.010(b). Clerk to give notice. ...

Excerpt: ...for trial on 10/24/16 without a biomechanic (see ROA 97, 100), further showing the absence of good cause for the late request. Plaintiff is here now seeking permission to once again add an expert to discuss forces associated with the impact (by way of an accident reconstructionist). Plaintiff also wants to include four additional treating physicians and expand the scope of testimony from economist Enrique Vega. This request is an expansion of pla...

Excerpt: ...nted as to Issue Nos. 2, 3, 4, and 5 and denied as to Issue Nos. 1 and 6. Cross-Defendants' requests for judicial notice are granted. Cross-Complainants' objections to evidence submitted in support of Cross-Defendants' motion for summary judgment/adjudication are overruled. “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entit...