Excerpt: ...e agreement from all parties to the transfer, and (c) the ends of justice support such an order. Courts are to be guided by the following criteria: (1) The existence of a significant and predominating common question of fact or law between the actions; (2) The convenience of the parties, witnesses and counsel; (3) The relative development of the actions and the work product of counsel; (4) The efficient utilization of judicial resources; (5) The ...

Excerpt: ...f trial, the matter was submitted to the jury for decision. One hour later the jury returned a non-unanimous defense verdict. Defendant submitted a cost bill of $72,678.27. Before the Court this day is plaintiffs' motion to tax said cost bill – or more specifically the process and expert fees. The prevailing party in any civil action is entitled to recover costs as a matter of right. CCP §1032. Defendant here clearly prevailed. If the items in...

Excerpt: ...ssory notes or loan agreements, with the rest acknowledged by Retrospecs. (See Kim Decl. ¶¶ 6-19, Exs. 1-3; Hwang Decl. ¶¶ 4-5, Ex. 6.) However, Plaintiffs have failed to adequately support the request for the other sums claimed. The interest claim purports to be based on Ex. 4, but no such exhibit was submitted. There is thus no evidence to support those calculations. Plaintiffs also claim an additional $89,029.14 for unreimbursed business e...

Excerpt: ...ther shenanigans and acts of malfeasance involving missing vehicles/parts. Plaintiff filed suit. Defendant denies all wrongdoing, and responded in kind with a counter-suit for defamation, wage/hour violations, and wrongful termination. Before the Court this day is a motion for fees associated with the successful SLAPP motion brought by plaintiff dealership and cross- defendant general manager, directed at defendant's cause of action for defamatio...

Excerpt: ...atute by defendant BANA (i.e., that the alleged violation affected plaintiffs' loan obligations or the modification process). (Cornejo v. Ocwen Loan Servicing, LLC (E.D. Cal. 2015) 151 F.Supp.3d 1102, 1113.) As to the second cause of action for violation of CC § 2923.7, plaintiffs fail to allege facts showing that they did not have a single point of contact, and that there was a material violation of the statute by defendant BANA. As to the 3 rd...

Excerpt: ...came out at a higher price, the Trust backed out of the contract, and then the Trust contracted to sell the property to Jordan Bennett. But when One Stop threatened legal action, the Trust came back to the deal with One Stop and backed out of the transaction with Bennett. However, Bennett proceeded to record a lis pendens. Both prospective buyers have filed suit against the Trust. The Court has consolidated their two cases. The Lead Case In 7/201...

Excerpt: ...ple and by way of punishing the defendant.” Civ. Code § 3294. It is not sufficient to allege merely that a defendant “acted with oppression, fraud or malice.” A plaintiff must allege specific facts showing that defendant's conduct was oppressive, fraudulent or malicious. Smith v. Sup.Ct. (Bucher) (1992) 10 Cal.App.4th 1033, 1041-1042; Anschutz Entertainment Group, Inc. v. Snepp (2009) 171 Cal.App.4th 598, 643. Here Plaintiff has failed to ...

Excerpt: ...C to fix and complete the platform in time for an annual human resource convention occurring three months later. Plaintiff also entered into a contract with non-party US Business Incubator for development assistance with the platform. Plaintiff entered into a third contract for consulting services to be provided by defendants herein, More Media Group and its owner William Ganz. A dispute arose regarding the work performed by Debello, leading to t...

Excerpt: ... the action. Defendants shall give notice. Demurrer to 1 st C/A for Fraud The Court sustains Defendant Kim's demurrer with leave to amend. This c/a is not asserted against Defendant Im. (See heading of 1st cause of action, Second Amended Complaint, p. 7.) The demurrer is sustained because the elements of fraud are not alleged with requisite specificity. General and conclusory allegations will not suffice for the claim. (Small v. Fritz Companies, ...

Excerpt: ...th of the following apply: (1) An answer to a particular request is evasive or incomplete.(2) An objection to a particular request is without merit or too general."C.C.P. § 2033.290(a). CCP § 2033.220 provides as follows: (1) Each answer in the response to requests for admission shall be as complete and straightforward as the information reasonably available to the responding party permits… (2) Each answer shall: (1) Admit so much of the matt...

Excerpt: ...neck, left shoulder, back, and arms, as well as information related to anxiety, fatigue, sleep disruption, and fear of driving, for a period of 10 years prior to 10/27/16 (the accident date), through to present. Medical, billing, imaging, and workers' compensation records relating to the affected body parts and issues are discoverable, as long as they are narrowly tailored as noted above. The requests for sanctions made by both parties are Denied...

Excerpt: ... and Order attached to Opposition.] The defendant seeks monetary sanctions in the amount of $2950. The court finds that the plaintiff acted with substantial justification and that the circumstances make the imposition of monetary sanctions unjust. Authorities: The court is empowered to issue whatever order “justice requires” to protect a party or deponent against “unwarranted annoyance, embarrassment, or oppression, or undue burden and expe...

Excerpt: ...'s request for monetary sanctions is granted and shall be paid within 30 days as provided in this order. Code Civ. Proc., § 2033.280, subd. (c) provides that the court shall deem the matters admitted unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. The subject...

Excerpt: ... as follows: On 05/03/17, plaintiff went to the San Gabriel branch of HSBC Bank (hereinafter “Bank”) to deposit $5,000 in cash and a personal check in the amount of $4,100. According to plaintiff, the teller assured her that while the check could not be cashed, it would be immediately accessible as cash upon deposit (ie, no customary hold to see if the check cleared). Not so. The hold apparently put plaintiff in a bind as she needed funds rig...

Excerpt: ... - 9: Sustained; legal opinion, lacks foundation, improper argument and opinion of counsel, hearsay, lacks authentication Authorities: CCP Section 629(a) provides that: The court . . . either of its own motion . . . or on motion of a party against whom a verdict has been rendered, shall render judgment in favor of the aggrieved party notwithstanding the verdict whenever a motion for a directed verdict . . . should have been granted had a previous...

Excerpt: ...does not support the jury's verdict. Declaration of Keith Greer: Plaintiffs' Objections 1 and 2: Sustained, hearsay Declaration of Eileen McCarty: Defendant's Objections 1-2: Sustained, hearsay, Evid. Code § 1150 Declaration of Kathy Short: Defendant's Objections 3 - 4: Sustained, hearsay, Evid. Code § 1150. Declaration of Kevin G. Liebeck: Defendant's Objections 5 - 7: Sustained, hearsay. Motion for New Trial: The requirements and grounds for ...

Excerpt: ...proceeding under the California Arbitration Act. (See CCP § 1287.4(“If an award is confirmed, judgment shall be entered in conformity therewith”); CCP § 1291.2 (proceedings are summary in nature.) As such, there is nothing to consolidate and consolidation would serve no cognizable purpose. Defendant Trust shall give notice. 2. JAMS' Demurrer The Demurrers of JAMS Inc. to the Plaintiff Gross' First Amended Complaint are sustained with leave ...

Excerpt: ...udgment debtor, Saleen Signature Cars (formerly named SMS Signature Cars.) (See Def. Request for Judicial Notice herein, f. 11/2/17, Exhibit 26 and 42; see also Trial Exhibits herein, Joint Trial Exhibit List f. 2/14/18, at Ex. 23-29.) The Plaintiffs seek to distinguish their claim of entitlement to fees against defendant Saleen Automotive Inc. (SAI), from their potential liability for attorney fees to this defendant Steve Saleen, but the Court w...

Excerpt: ...pears therein, not all of the material to which Plaintiff objects is improper. Defendant's evidentiary objections to Orloff Declaration filed with the Motion sustained regarding Nos. 5, 7, 9 and 11 (speculation/foundation), and Nos. 14-17 (relevance) but otherwise overruled since, the other objections are primarily as to relevance, but the material at issue has some potential bearing on the history of events behind the motion and/or Orloff's know...

Excerpt: ...ditional work done outside what insurance covered, amounting to roughly 1500 sq ft of new additions. Defendant retained plaintiff Marinel Puscas dba National Construction (“plaintiff”) to do both the insurance and non-insurance work on the property. The parties entered into a single written contract, dated 01/07/16, covering all of the work. Plaintiff alleges that defendant failed to pay $145,000 for the non-insurance work. Before the Court t...

Excerpt: ...erior Court (1989) 211 Cal.App.3d 1309, 1312–1313. After considering the merits of the Motion and counter-arguments, the Court denies the Motion on the basis that the records are producible as they may be relevant to issues of damages and liability. Slagle v. Superior Court, supra, 211 Cal.App.3d at 1312. Plaintiff's Complaint and Opposition allege that Defendants took products, confidential business records, and proprietary information belongi...

Excerpt: ...ural History This case is related to Gross v. Charles B. Lehman Trust, 2017- 940784 (“Related Action”). The cases could be characterized procedurally as “a mess”. On 2/22/18, the Charles B. Lehman Trust (“Trust”) began this action by filing a formal Petition to Confirm an Arbitration Award issued by JAMS arbitrator, Hon. James L. Smith (Ret.), in favor of the Trust, and against John Hartwig (“Hartwig”), on a commercial lease dispu...

Excerpt: ...the application papers and a notice of hearing to be served upon the Defendant by substitute service. (See Proof of Service filed 5/9/18.) The Court has not received a timely response to this matter from the Defendant. Based upon the unopposed showing in the moving papers, the Court finds that the probable validity of Plaintiff's claim to possession of the vehicle is shown. The Court therefore GRANTS the application. (See CCP § 512.010, § 512.0...

Excerpt: ...ts And Attorney Fees Are Awardable Thereon The contracts attached to Plaintiff/Cross-Defendant Wholesome Choice's First Amended Complaint (“Lease Agreements”), and upon which Digitech prevailed, did not contain an attorney fee provision clause. However, the Lease Agreements did contain a clause under the “Equipment Use” paragraph that considered additional agreements between Wholesome Choice and Digitech for payment of “maintenance, ser...

Excerpt: ...h and a personal check in the amount of $4,100. According to plaintiff, the teller assured her that while the check could not be cashed, it would be immediately accessible as cash upon deposit (i.e., no customary hold to see if the check cleared). Not so. The hold apparently put plaintiff in a bind as she needed funds right away to cover her daughter's tuition and other undisclosed matters. Plaintiff became upset, spoke to the branch manager, and...