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: ...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: ...¶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: ...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: ...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...

Excerpt: ...he Demurrer has merit. (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 [“Plaintiffs did not oppose the County's demurrer to this portion of their seventh cause of action and have submitted no argument on the issue in their briefs on appeal. Accordingly, we deem plaintiffs to have abandoned the issue.”].) CMC is continued to 4-2-18, Dept. C11, at 8:45 am. Moving Party is to give notice. ...

Excerpt: ...il on 12-28-17. The Notice of Hearing, filed on 1-10-18, shows Defendant received notice of the hearing set for 2-13-18 at 1:30 p.m. Second, an attachment may issue only upon a claim for money based upon an express or implied contract. (Code Civ. Proc., § 483.010, subd. (a).) Plaintiff has established that its claim is one upon which attachment may be issued since its claim is for money based on an implied contract. Here, the Complaint alleges c...

Excerpt: ...e DENIED. Initially, the Applications brought against Defendants Rainguard Pro, Inc. and Weatherman Products, Inc. are DENIED as Plaintiff submitted no evidence demonstrating a contractual relationship with these entities. Pursuant to Code of Civil Procedure section 483.010(a) “an attachment may be issued only in an action on a claim or claims for money…based upon a contract, express or implied….” Here, the Contract which forms the basis ...

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: ... an act from which she know, or should have known, it was highly probable harm would result. SKF Farms v. Superior Court(1984) 153 Cal.App.3d 902, 907. The Case Management Conference remains on calendar. Defendants to give notice. ...

Excerpt: ...red to provide full, complete, and verified responses, without objection, to Special Interrogatories, Set One, Special Interrogatory Nos. 7-21, to the offices of counsel for moving party, within 20 days. Defendant Robert Payne is also ordered to provide full, complete, and verified further responses, without objection, to Special Interrogatories, Set One, Special Interrogatory Nos. 2, 4 and 5, to the offices of counsel for moving party, within 20...

Excerpt: ...895671) filed 1/05/17 5. Palatinus v. Casa Apts. (2017-932144) filed 7/18/17 CCP 1048 (a) provides that: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” The court DENI...

Excerpt: ...tion, the costs requested are proper and the undertaking is to be scaled to Bounds' resources. Defendant New Albertson's, Inc. Motion to File an Undertaking pursuant to Code of Civil Procedure §1030 is DENIED. Defendant has not shown a reasonable possibility of obtaining a judgment in its favor. Even if it had, it has not adequately stated the nature and the amount of the costs requested. Documentation of past costs should be provided. Anticipat...

Excerpt: ...n, by and through her Guardian Ad Litem, Theresa Nguyen's motion to reduce Medi- Cal Lien is CONTINUED to 3-15-18, at 1:30 p.m., in Department C- 33. First, plaintiff Nguyen is ordered to serve her motion to reduce Medi- Cal lien on the Office of Legal Services, Department of Health Care Services, P.O. Box 997413, Sacramento, CA 95899- 7413, as well as the Department of Health Care Services, P.O. Box 997425, Recovery Section, MS 4720, Sacramento,...

Excerpt: ... narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest.” Additionally, pursuant to CRC 2.551, a Court may not permit a record to be filed under seal based solely on the agreement or stipulation of the parties; rather, a party seeking to file a record under seal must file a motion for an order sealing the record, accompanied by a memorandum and declaration containing facts sufficient to justify the sealing...

Excerpt: ...dants. Both of these causes of action also include, respectively, a conclusory allegation that (i) Defendants' conduct “was the result of willful and wanton acts or omissions and/or done with a conscious disregard for the safety of the users of the Product involved in the ACCIDENT,” FAC ¶ 37, and (ii) Defendants' acts were done “willfully, wantonly and/or with a conscious disregard of others.” Id. ¶ 47. In order to survive a motion to s...

Excerpt: ... Superior Ct. (2003) 114 Cal.App.4 th475, 480-81 (financial records are protected by individual's right to privacy); Valley Bank of Nev. v. Superior Ct. (1975) 15 Cal.3d 652, 656 (individual has right to privacy in his or her confidential financial affairs). Plaintiff has not identified countervailing interests that outweigh Defendant's privacy interests in his financial records with respect to much of the information sought by the subpoenas. See...

Excerpt: ...ode of Regulations for the subject premises. Evidence Code § 669 codifies the “negligence per se” doctrine as a presumption affecting the burden of proof: i.e., defendant's failure to exercise due care is presumed if: • Defendant violated a statute, ordinance or safety regulation of a public entity; • The violation legally caused injury or death; • The occurrence resulting in the injury or death was of a nature that the statute, ordina...

Excerpt: ...ng averment for punitive damages. Initially, there continues to be a concern over standing. Although defendants have not raised the issue, this lingers on from the prior unsuccessful application for appointment of a guardian ad litem. As indicated in the operative pleading and opposition papers, it appears this litigation is being handled by plaintiff's daughter, Dellia Montgomery. The “authorization” presented by her to this Court specifies ...

Excerpt: ...in issue and the burden of proof is on the party claiming them as costs. [Citations.]” (Ladas v. California State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774-776 [citations omitted].) Here, Plaintiff has properly put at issue some deposition costs claimed by Defendants as being duplicative and unnecessary. Thus, the burden shifts to Defendants to show that the claimed costs were necessary to the litigation. Defendants have met their burden. No d...

Excerpt: ...arvig requests from this Court an order relieving it from further participation in this case. An attorney may withdraw as counsel of record if the client breaches the agreement to pay fees, insists on pursuing invalid claims or an illegal course of conduct, or when other conduct by the client renders it unreasonably difficult for the attorney to do his job, including when there is a breakdown in the attorney-client relationship. California Rules ...

Excerpt: ... Court (2012) 209 Cal.App.4th 1151, 1168.) Judgment creditor Flathers Precision, Inc. has failed to and cannot establish the underlying September 28, 2017 turnover order (“Turnover Order”) was valid for purposes of contempt. The Turnover Order was sought and issued pursuant to Code of Civil Procedure section 708.205. It ordered judgment debtor Jimmy Garrey (Garrey) to deliver to the judgment creditor either (1) certain nonmonetary property li...

Excerpt: ...d plaintiff's evidence shows there was none. (See D. White Decl. at ¶ 2.) Defendants have also failed to demonstrate ostensible agency. The fact that Derek signed the arbitration agreement as decedent's “Representative/Agent,” stating decedent had authorized him to do so, is not sufficient to demonstrate ostensible authority. An “agency cannot be created by the conduct of the agent alone; rather, conduct by the principal is essential to cr...

Excerpt: ...oving papers, was a letter from the Defendant's counsel, dated 10/5/17, expressing that a response to this motion was unlikely. (See ROA 28, Ex. C.) Because of the harmful effect that admissions can have on the case, the RP can serve verified, substantially-compliant responses to RFAs, before the hearing, and if so, then the Court must deny the motion to deem them admitted. [See CCP §2033.280(c); St. Mary v. Superior Court (2014) 223 Cal.App.4th...

Excerpt: ...within 15 days of service of the notice of ruling. Baum Vision did not meet its burden to justify its objections. Plaintiff's request for sanctions against Baum Vision, LLC is granted in the amount of $2,170.92, which shall be paid to Plaintiff within 30 days. Motion to Compel Further Responses and Production to Second Set of RFPs (Shane Baum) The unopposed Motion by Plaintiff Barton Perreira LLC to Compel Further Responses and Production to Seco...