Excerpt: ...s, Set One, with the Form Interrogatories – General, Set One on December 6, 2017. Obeid Decl. ¶3. They were served upon Defendant and the defendant received them December 11, 2017. The responses were thus due on January 10, 2018. Plaintiff gave the defendant a two week extension. On January 24, 2018, the defendant served responses without verifications to Plaintiff's Requests for Production of Documents, Set One, Special Interrogatories, Set O...

Excerpt: ...tion, but provide the moving party with adequate time to prepare a substantive reply. The Motion will therefore be continued for hearing, with any reply papers to be filed and served not less than 8 court days prior to the new hearing date. Counsel for Defendants is to give notice. ...

Excerpt: ...Plaintiff” have been produced. (Opp. p. 5.) But Plaintiff does not claim that he has actually produced all of his tax returns for 2012- 2016. And it would appear that such records are available to Plaintiff, even if they are not currently in his possession. Plaintiff's counsel should be prepared to address at the time of the hearing, with specificity, the efforts made to date to obtain responsive documents, why they have not been successful, an...

Excerpt: ...his power is both inherent and statutory. For example, CCP § 1048(b) authorizes a trial court to try separately proceedings to avoid prejudice, for convenience, or to permit greater expedience and economy: "The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint,...

Excerpt: ...struments to defendant bank, but then somehow convinced the bank to actually deposit them into the “Stone-Lamm Trust” – an account held exclusively by Walji. Sometime thereafter, Walji withdrew, and absconded with, the funds. Walji is now serving time in a federal prison for his shenanigans. Plaintiff is out $1.4 million – representing a large portion of his retirement savings. Plaintiff believes that defendant should have been alerted to...

Excerpt: ...follows: 1. Defendants misappropriated AGA's trade secrets, and were unjustly enriched in the amount of $1,028,431.00; 2. Defendants negligently interfered with AGA's prospective economic advantage – but caused no economic harm; 3. Johnson breached his duty of loyalty – but caused no economic harm. Judgment was entered thereon, ordering all three defendants to be jointly and severally liable for the whole of the enrichment obtained by defenda...

Excerpt: ... that provision applies only where SAI is sought on “a legal issue or a claim for damages other than punitive damages that does not completely dispose of a cause of action, affirmative defense, or issue of duty.” (C.C.P. § 437c(t).) Here, every “Issue” presented seeks to dispose of an entire cause of action (“COA”). Plaintiff is thus in error in claiming that §437c(t) applies here. Issues 1 and 2 are directed to COA 2. However, COAs...

Excerpt: ...nd. It is a rare case in which a court will be justified in refusing a party leave to amend his pleading so that he may properly present his case. (Board of Trustees of Leland Stanford Jr. University v. Superior Court (2007) 149 Cal.App.4th 1154, 1163.) It is premature to attempt to decide the merits of the proposed amendment. “[T]he preferable practice would be to permit the amendment and allow the parties to test its legal sufficiency by demu...

Excerpt: ...8; Davenport v. Stratton (1944) 24 Cal. 2d 232. Additionally, the language “including but not limited to,” is also too vague to comply with the requirements of C.C.P. § 458. The Demurrer is GRANTED with leave to file a Second Amended Answer within 7 calendar days. ...

Excerpt: ...aintiffs' ability to bring a noticed motion for leave to amend to introduce alternative theories in the future. In essence, Plaintiffs allege they were not properly considered for HAMP loan modification, to which they were entitled, and thus have lost the benefit of the loan modification which has caused them damages in the form of losing the reduced monthly payments on the loan, and saving money that they could have applied towards the principal...

Excerpt: ...ith the other parts of the case. The Court recognizes that other defendants on the interpleader complaint either do not claim a right to the funds per their answers, or that the Plaintiff and the Le cross-defendants are in default for the interpleader portion of the case. However, the Court will defer a final ruling on the bifurcation issues until the trial and to ascertain how events unfold ahead. (See Civ. Trials and Evidence ¶ 4:396, 4:399, 4...

Excerpt: ...ith insufficient evidence as to Digitech's ability to experience emotional distress and/or its ability to receive an award on behalf of a non-party, and 3) were awarded due to an error of the law regarding Digitech's ability to experience emotional distress and/or its ability to receive an award on behalf of a non-party. C.C.P § 657(5)-(7). Digitech cannot obtain an award for emotional distress as a business is incapable of feeling emotions. Hun...

Excerpt: ...s not end the inquiry. Is Dibatech asking this Court to send both 2016-893630 and 2017-938142 to arbitration? Motion continued to 05/11/18 at 9:30am. Absent a stipulation from all parties, plaintiff is ordered to file/serve at least 10 days prior to the new hearing date a clarified Notice and Memorandum as to just what is being sought. ...

Excerpt: ... to arbitrate the controversy exists. . .” C.C.P. § 1281.2. Although a written agreement to arbitration has been alleged by Defendant, no evidence of a contract was submitted with Defendant's Motion, and indeed no exhibits at all were attached to the Declaration of Traci Park in support of Defendant's Motion, despite multiple references to various exhibits throughout the Motion and Declaration. At this time the Court is unable to determine whe...

Excerpt: .... Superior Court (2016) 244 Cal.App.4th 259, 263.) The cited decisions also question to some extent the continuing application of the substantial compliance doctrine in the Biddle case. It is noted that the lis pendens was recorded on or about August 22, 2017 while it was filed in this court case, earlier, on or about August 21 st. The timing seems to be in the reverse order under the statute. (CCP §405.22 (“Immediately following recordation, ...

Excerpt: ...(2) ASC's Petition to Vacate Arbitration Award (“Motion 2”); and (3) Plaintiff's Petition to Correct, or in the Alternative, Confirm Arbitration Award. (“Motion 3”). I. The Petitions to Vacate Both Petitions to Vacate (Motions 1 and 2) are DENIED. In Motion 1, Nguyen argues that she never agreed to arbitration, so the award is invalid as to her. But she failed to make that argument in opposing the motion to compel arbitration, and then pa...

Excerpt: ...collectively provide that money judgments for statutory costs can only be effectively stayed with the filing of an undertaking. Otherwise, trial courts can only give brief (10 day) stays. See Sharifpour v. Le (2014) 223 Cal.App.4 th 730, 733- 734. Since the entirely of the defense award was triggered by a CCP §998 cost-shift (see Minute Order dtd 10/27/17), the entire award should be immediately collectible absent an undertaking. However, there ...

Excerpt: ...ve order to enforce automatic stay is deemed a motion for stay under the implicit power of the court. Defendants' motion satisfactorily seeks relief to stay any discovery proceedings pursuant to CCP§1281.4. The court finds that all legal proceedings, including discovery propounded by Plaintiffs were stayed while the motion to compel arbitration was pending. Twentieth Century Fox Film Corp. v. Sup.Ct. (2000) 79 Cal.App.4th 188, 192; Seidman & Sei...

Excerpt: ...confer requirement for demurrers, was implemented to limit the involvement of the Court, and to encourage the parties to resolve the issues. (CCP §430.41(a); 2015 California Senate Bill No. 383, California 2015-2016 Regular Session). The Court is of the view that there is scope for resolution of some issues among these parties, and for amendment of the pleading. (See Reply Brief). This hearing is continued for the parties to meet and confer. Hea...

Excerpt: ... c/o Radnet Management, Inc. (Billing); (5) UCI Medical Center; (6) UCI Medical Center Billing Office; (7) UCI Medical Center (X-Ray); (8) Beverly Radiology Medical Group c/o Radnet Management, Inc.; (9) Beverly Radiology Medical Group c/o Radnet Management, Inc. (Billing) Counsel to advise the Court regarding a protective order to keep all information confidential and limited for use in this litigation only, with Defendant's private and privileg...

Excerpt: ...s that some discussions had occurred in February 2018, and there had evidently been some progress toward reaching an agreement at that time. (Ettinghoff Decl. ¶ 14, and Ex. B.) Why those efforts did not result in resolution of the discovery dispute is not addressed, and it does not appear that renewed efforts were made prior to or after the filing of this motion. Counsel for the parties are thus ordered to further meet and confer as to the subpo...

Excerpt: ...he defendant, and make a prima facie showing of the elements of that cause of action, based on evidence that would support a ruling in the plaintiff's favor if no controverting evidence is presented. (ZL Technologies, Inc. v. Does 1-7 (2017) 13 Cal.App.5th 603, 613; see also Yelp Inc. v. Superior Court of Orange County (2017) 17 Cal.App.5 th 1, at *13-14.) The statements at issue must also be identified with specificity. (ZL Technologies, supra, ...

Excerpt: ...the MPAs refer intermittently to FROGS, the attached Teague Decl. states that relief is sought only as to the SROGs and RFPs, and that FROG responses were provided on 3/2/18. The Court has thus treated this motion as one to compel responses only to the SROGs and RFPs. The evidence presented demonstrates that the SROGs and RFPs were served on 1/11/18, and that despite two extensions, responses were never served. (Teague Decl. ¶¶ 3-9; MPAs pp. 3-...

Excerpt: ...ank to actually deposit them into the “Stone-Lamm Trust” – an account held exclusively by Walji. Sometime thereafter Walji withdrew and absconded with the funds. Walji is now serving time in a federal prison for his shenanigans. Plaintiff is out $1.4 million – representing a large portion of his retirement savings. Plaintiff believes that defendant should have been alerted to the activity given the size of the deposits. Before the Court t...

Excerpt: ...ssible, to separate the attorney's time into compensable and non-compensable units. Counsel for moving party to give notice. ...

Excerpt: ... Instead, the complaint is pled in a long narrative format. The 1 st cause of action for personal injury and the 5 th cause of action for breach of professional doctor/patient relationship are not causes of action and appear related to the 2 nd cause of action for medical malpractice/negligence. The 2 nd cause of action for medical malpractice/negligence is barred by the one-year statute of limitations set forth in CCP §340.5. The complaint alle...

Excerpt: ...26-27; Tenzera, Inc. v. Osterman (2012) 205 Cal.App.4th 16, 21. Plaintiff shall present the Court with the interest calculation at this hearing. (See CCP §1287.6; Civil Code §3289.) In addition, Plaintiff shall give notice. ...

Excerpt: ...s supposed to plead facts. The Court can generally disregard contentions, or conclusions of law or fact at the demurrer stage. (WA Southwest 2, LLC v. First American Title Insurance Company (2015) 240 Cal.App.4th 148, 151; Stevenson Real Estate Services, Inc. v. CB Richard Ellis Real Estate Services, Inc. (2006) 138 Cal.App.4th 1215, 1219-20). A complaint should allege with reasonable particularity the facts supporting the statutory elements of a...

Excerpt: ... confer requirements of CCP 430.41. Defendant must first make reasonable attempts to comply in good faith with the requirements of CCP 430.41. Once Defendant has completed those efforts, it may refile its demurrer. Defendant's counsel may not charge his client for the new filing fee or for any additional fees incurred in redrafting and refiling the demurrer papers. First, Ramos states that tried to initiate contact with Plaintiff on 2/6/18, by te...

Excerpt: ...to the Court in the moving declaration of B. Hughes, it appears that counsel for Plaintiff, counsel C. Park, simply responded to Defendants' electronic correspondence by “respectfully disagree[ing]”. (Hughes Decl. ¶ 3). From this, the Court will conclude that Mr. Park did not satisfy the meet and confer requirement. Further, Plaintiff failed to present a timely written opposition to the demurrer and motion to strike, which are directed to al...

Excerpt: ...ses of action: Violation of Cal. Civil Code § § 2923.55 and 2923.7, Negligence and Unfair Business Practices. However, the second and fourth causes are not pled against the moving defendant. The only causes pled against Trustee Corps are the First Cause of Action for Violation of CC §§ 2923.55 and the Third Cause of Action for Negligence. First Cause of Action - Civil Code §§ 2923.55: The moving party Trustee Corps. has presented evidence t...

Excerpt: ...”) objected to the subpoena at issue - although Daichi did so without stating any grounds. (See 2/15 Russo Decl., Exs. B-F.) MPs attempted to meet and confer to resolve those objections, without success. (Id. at Exs. G-L.) For Motion 2, Mr. Sivongsay objected to the subpoena at issue (See 2/22 Russo Decl., Exs. A-C.) MPs attempted to meet and confer to resolve that objection, without success. (Id. at Exs. E-K.) Potential relevance is clearly sh...

Excerpt: ...treated as a procedural statute that does not conflict with the FAA. The parties can agree that the CAA and California law applies. (Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior University (1989) 489 U.S. 468, 470; Cronus Investments, Inc. v. Concierge Services (2005) 35 Cal.4th 376, 386.) Here, ¶ 22 B seems to show that the parties intended for the California Arbitration Act (CAA) and its procedures to have som...

Excerpt: ... for pure questions of law” and thus improper. (Opp. p. 3.) But the RFAs are as to coverage issues, and as to whether Exir was an insured. (Lehavi Decl. Exs. 3 & 5.) RFAs which require application of facts to law are permissible. (C.C.P. § 2033.010; Cembrook v. Superior Court In and For City and County of San Francisco (1961) 56 Cal.2d 423, 429 [that a request is “for the admission of a controversial matter, or one involving complex facts, o...

Excerpt: ...the following issue. On 1/22/18 and 1/29/18, in connection with a petition for writ of mandate filed by the Agent defendants against plaintiffs (i.e. defendants Best 4U et al.), the Court of Appeal issued an order that directed that: “On its own motion, this court issues a temporary stay of respondent court proceedings. All trial court proceedings are STAYED pending further order of this Court.” (1/22/18 Order filed herein; see also 1/29/18 O...

Excerpt: ...randum thereof, are in writing and subscribed by the party to be charged or by the party's agent: … (3) An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; such an agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent is in writing, subscribed by the party sought to be charged.” In addition, Civil Code § 1698 (c)...

Excerpt: ...tiff has not put all of her medical records from her entire life at issue here. However, Plaintiff has put more at issue in this action than her motion suggests. (See Opp, Ex. A, at 6.2 and 9.1.) The Court thus cannot conclude that discovery here should be limited, as Plaintiff proposes (Motion p. 8), to records concerning Plaintiff's “right toe, right foot, left hip and lumbar spine.” The Court will therefore GRANT the motion in part. The su...

Excerpt: ...tiff has not put all of her medical records from her entire life at issue here. However, Plaintiff has put more at issue in this action than her motion suggests. (See Opp, Ex. A, at 6.2 and 9.1.) The Court thus cannot conclude that discovery here should be limited, as Plaintiff proposes (Motion p. 8), to records concerning Plaintiff's “right toe, right foot, left hip and lumbar spine.” The Court will therefore GRANT the motion in part. The su...

Excerpt: ...ained on grounds of failure to state facts sufficient to constitute a cause of action. The opposition does not address the challenge to this cause of action. Plaintiff is granted 10 days leave to amend. Counsel for moving party to give notice. Motion (2): The motion by all defendants to strike portions of the complaint is moot in part, granted in part, and denied in part as follows: The motion is moot as to paragraph 68. The motion is granted as ...

Excerpt: ...eved (Form MC O53) was not filed or served with the moving papers. (See Cal. R. Ct. 3.1362(d), (e)). Attorney must file and serve the correctly-completed form within the next two business days. The document should be served on the client by an expedited method, and proofs of service filed forthwith. 2. The papers leave some confusion about who is withdrawing. Is Attorney Mariam, individually withdrawing from the representation, and thus leaving t...

Excerpt: ... copy of the video. Defendants contend they have fully complied by producing a video – 32 minutes in length – showing the meat of the altercation. However, defendants concede there may be other footage – “for instance, Plaintiff speaking with a teller prior to meeting with Ouyang” – which has not been produced. On a motion to compel production of a writing, such as a video, the first step is to determine whether the demanding party ha...

Excerpt: ...roduced. Nor has Plaintiff shown that the motion is untimely, as under C.C.P. § 2031.300, there is no stated time limit for a motion to compel where no responses were provided. The Motion is thus GRANTED. Plaintiff is to provide verified responses, without objection, and copies of all responsive documents, within 10 days. Defendant's request for sanctions is GRANTED IN PART. Sanctions are warranted here under C.C.P. § 2031.300(c). But the sum s...

Excerpt: ...templates an entry of a judgment upon the settlement terms first. The parties do not raise the issue but the Court noted it. Case law provides that “Section 664.6 was enacted to provide a summary procedure for specifically enforcing a settlement contract without the need for a new lawsuit.” Hernandez v. Board of Educ. of Stockton Unified School Dist. (2004) 126 Cal.App.4th 1161, 1176. “[S]ection 664.6, an expedited procedure for enforcing a...

Excerpt: ...for 4-11- 18 at 8:30 a.m. in Dept. C-20. ...

Excerpt: ... scheduled on 2/22/18 was that Plaintiff's counsel forgot that he had a conflict with an MCLE training and elected to cancel the deposition on 2/15/18, over a month after he had set it. In his moving papers, Plaintiff's counsel admits that he had a conflict and cancelled the deposition. Plaintiff's counsel states that the parties agreed to set Johnson' deposition for 2/28/18. But Johnson's counsel testifies that although he had tentatively agreed...

Excerpt: ... of requested fees and costs. As a matter of due process the court will award the amounts noticed in the notice of motion. The court finds that the full amount of the cost and fees requested by Petitioners was reasonable in quantity and also reasonably necessary to the conduct of this litigation. In Opposition, Respondent argues that Petitioners are not entitled to recover fees for their elder abuse claims brought after the death of their mother ...

Excerpt: ...led to do so. In the SAC, Plaintiff alleges that he was told that the sale date would be on hold until a decision was made on his LMA, and that he did not learn that his LMA had been denied until after the foreclosure occurred. (SAC ¶¶50, 57.) But he does not allege any material misrepresentations about the status of his LMA, or about the date, time, or status of the foreclosure sale. As Plaintiff has failed to cure the defects in this COA, aft...

Excerpt: ...his officer to those for events which occurred on or after 9/30/2011; -For Request No. 2 – excluding materials not in the training file for this officer, such as manuals and other course materials; -For Request Nos. 3 & 4 –limiting production as to any complaints against this officer to those for events which occurred on or after 9/30/2011; For all of the Requests, anything the Court may order produced is to be subject to the terms of the pro...

Excerpt: ...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 right away to cover her daughter's tuition and other undisclosed matters. Plaintiff became upset, spoke to the branch manager, an...

Excerpt: ...erstate commerce); Hoover v. American Income Life Ins. Co. (2012) 206 Cal.App.4th 1193, 1207 (“there was no evidence in the record establishing that the relationship between [plaintiff] ...and [putative employer] ... had a specific effect or ‘bear[ing] on interstate commerce in a substantial way”); Lane v. Francis Capital Management LLC (2014) 224 Cal.App.4th 676, 688 (“. . . the employee admitted that he ‘attend[ed] meetings, site visi...

Excerpt: ...a ruling in the plaintiff's favor if no controverting evidence is presented. (ZL Technologies, Inc. v. Does 1-7 (2017) 13 Cal.App.5th 603, 613; see also Yelp Inc. v. Superior Court of Orange County (2017) 17 Cal.App.5 th 1, at *13-14.) The statements at issue must also be identified with specificity. (ZL Technologies, supra, 13 Cal.App.5 th at 616.) Plaintiff here has offered, en masse, evidence as to the internet activity which supports her clai...

Excerpt: ...sible. Going forward, counsel for all parties, and in particular counsel for Plaintiff, are admonished to timely file his pleadings and briefs, consistent with the deadlines established by the applicable rules of civil procedure. II. Defendants' Demurrer to the FAC Defendants Christopher Wallace, Shawn Dua, Arvin Lal, Ankur Garg, and Fit Life Group LLC demur to all 11 causes of action in the First Amended Complaint filed on 12/27/17 by Plaintiff ...

Excerpt: ...nder the circumstances, the Court finds there is a sufficient mistake, surprise, inadvertence or other basis to grant relief. (CCP §473(b),(d)); Basinger v. Rogers & Wells (1990) 220 Cal.App.3d 16, 21–22 (a court retains JD to to set aside dismissal). As a separate matter, the Court may not have had the jurisdiction to enter the dismissals in the first place. As Petitioners argue, the bankruptcy court did not send a certified copy of the reman...

Excerpt: ...quests for Admissions admitted is also GRANTED. However, in the event Defendant serves proposed responses to the requests for admission that are in substantial compliance with CCP § 2033.220 before the time of the hearing, the Court will deny the motions. (CCP § 2033.280, subd. (c) [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 ...

Excerpt: ...ed in favor of the claimant. (Independence Bank v. Heller (1969) 275 Cal.App.2d 84, 88.) For the bank account, Mr. Wible has now presented adequate support for his claim that his wife's Social Security benefits are directly deposited therein. For the PT Cruiser, Mr. Wible has now presented sufficient information to show the actual value, and that it falls within the exemption available under C.C.P. § 704.010(a). For tools of the trade, Mr. Wible...

Excerpt: ... condition and repair. Owner argues that Plaintiffs were prior occupants, so under ¶2.5, they were responsible for any corrective work. But even if that were so, the Complaint does not concede prior occupancy. Accordingly, the Demurrer on this ground fails, as it is not self-evident from the terms of the Lease that Plaintiffs were solely responsible for repair of any alleged roof leaks. Owner also argues that under ¶ 8.8 of the Lease, Plaintiff...

Excerpt: ...ement funds. Before the Court this day a demurrer and motion to strike to the Third Amended Answer. Demurrer Pursuant to CCP §430.20, a party may demur to an answer on only one of three grounds: (1) Failure to state facts sufficient to constitute a defense; (2) Uncertainty; (3) Failure to state whether contract is oral or written. Plaintiff apparently takes issue with all twelve affirmative defenses. Right out of the gate this demurrer is proced...

Excerpt: ...g the matter of Service, to ensure that service is proceeding diligently. The Court will also continue the trial date and related dates to a date to be determined during this hearing. Plaintiff and the other parties are expected to proceed diligently with discovery as to the new defendant. All parties shall cooperate in providing new defendants with copies of any discovery pleadings promptly upon request. 2. Motion to Compel Depositions The Court...

Excerpt: ...cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross- complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto.” (Emphasis added). Worker's Compensation Exclusive Remedy Rule: “California's Worker...

Excerpt: ...essor corporation to BWP. Authorires: Section 187 of the Code of Civil Procedure grants to every court the power to use all means to carry its jurisdiction into effect, even if those means are not set out in the code. Fairfield v. Superior Court (1966) 246 Cal.App.2d 113, 120. Under section 187, the court has the authority to amend a judgment to add additional judgment debtors. Dow Jones Co. v. Avenel (1984) 151 Cal.App.3d 144, 148. Judgments are...

Excerpt: ...iently persuasive to prevent the discovery at issue. The categories at issue are as to documents material to this litigation, and not otherwise available to MPs through less intrusive means. (Russo Decl. ¶¶ 2-15.) Some financial information as to Mr. Sivongsay may appear therein, but the right to privacy is not absolute, and in appropriate circumstances, must be balanced against other important interests. (John B. v. Superior Court(2006) 38 Cal...

Excerpt: ...eposition until 12/16/17, at which point it was too late to cancel the court reporter and videographer, so Defendant took a notice of non- appearance on 12/18/17. At the 11/15/17 deposition, Hale refused to respond to questions asking him to disclose the current home address of his wife Jessica Guerra and Hale's counsel refuses to accept service of a deposition subpoena. Public record searches have not revealed her current home address. (Meinhard...

Excerpt: ...ovided. It does not articulate the alleged contract's terms, the parties thereto, or the date the agreement was allegedly reached. Nor does it adequately explain how those terms were breached or how Gamechanger was thus damaged. For the Second and Third Causes of Action, the XC makes general assertions about what Mr. Moushy “falsely represented” (¶ 17) but fails to allege what was specifically said, when it was said, to whom, how the alleged...

Excerpt: ... claim for punitive damages is thus denied. Authorities: Punitive damages may be awarded when it is proven by “clear and convincing evidence” (CC 3294(a)) that the defendant has been guilty of malice, oppression, or fraud. “Malice” means “conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of ...

Excerpt: ...ad been effectuated. (Ricks Decl., ¶¶ 3, 4.) Defendant Ricks is to file his Answer within 5 court days, and is to give notice of this ruling. ...

Excerpt: ... not performing competently in her position, that there is no evidence that Plaintiff was subjected to an adverse employment action, that there is no evidence that Plaintiff was subjected to an adverse employment action because of her pregnancy/sex and that any adverse employment action taken against her by WFB was for a legitimate, nondiscriminatory reason. FACTS 1-56, 58-59. In response, the plaintiff Elyse Jankans has sustained her resulting b...

Excerpt: ...ress of 3324 W. 6th Street # J-101 in Los Angeles. According to defense counsel, plaintiff never responded. See Link Decl Para 3. On 11/28/17, defendant caused to be mail-served upon plaintiff a motion for discovery sanction. The POS indicates that service occurred at plaintiff's listed address of 3324 W. 6th Street # J-101 in Los Angeles. No opposition was filed, and plaintiff failed to appear. The motion to deem RFAs admitted was granted. Defen...

Excerpt: ...the exemplary damages is DENIED. As for Defendant Lam, the exemplary damages do not appear to be pleaded against him in the complaint so there is nothing subject to this motion. (See Compl. at ¶¶ EX-1 and -2). Plaintiff may file and serve an Amended Complaint within 10 days. Plaintiff is requested to clarify the matters below in the future pleading. The Demurrer It is not clear if the 2nd cause of action is meant to be alleged against Defendant...

Excerpt: ... really ought to be treated as moot. On 09/19/17, defendant caused to be served upon plaintiff by regular mail a set of form and special interrogatories. Upon receipt, it was plaintiff's obligation to provide responses which were “as complete and straightforward” as possible. CCP §2030.220. Plaintiff was represented by counsel at the time, and that attorney failed to serve timely responses or secure an extension of time. On 11/02/17, plainti...

Excerpt: ...d awarding monetary sanctions in the sum of $1160.00 Plaintiff Oso Valley Greenbelt Association's motions to compel responses to Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents (Set One) from Defendant Lynda L. Chance are all GRANTED. CCP §§ 2030.290 and 2031.300. Defendant is ordered to serve responses, without objections, within 14 days of service of a notice of ruling by Defendant. P...

Excerpt: ...t part: Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or...

Excerpt: .... After full consideration, defendants' Motion to Strike the Complaint pursuant to CCP §425.16 is GRANTED. Anti-SLAPP motions are evaluated through a two-step process. Initially, the moving defendant bears the burden of establishing that the challenged allegations or claims “aris[e] from” protected activity in which the defendant has engaged. CCP [defining protected activity]; Simpson Strong- Tie Co., Inc. v. Gore(2010) 49 Cal.4th 12, 21; Eq...

Excerpt: ...S's of Brian Silver, Esq., and Sky High Holistic and Elevated Dreams Collective Inc. Please update the proofs of service to aid the Court moving forward. It is noted that, attorney/trustee, Brian Silver's caption page indicates an appearance “pro se”. However, the introductory language in certain of the papers (see Silver's Opp. f. 1/17/18, at 1:22) indicate that Mr. Silver is appearing as trustee of the Charles Silverstein Trust, and for Tob...

Excerpt: ...or RFA 40, Plaintiff stated that she was diagnosed with bone-related conditions which “were in fact not indicated” as she “would later learn from other podiatrists,” but failed to identify the factual basis for that conclusion, such as the identity of the referenced “other podiatrists,” what they told her, and any corresponding records. Plaintiff also refers to an unspecified history of disciplinary proceedings and record of “making...

Excerpt: ...PD is GRANTED. The discovery requests were all properly served, and have been ignored without justification or the seeking of any protective order. Complete, substantive, verified, Code- compliant responses must be served within 20 days. Defendant's related request for monetary sanctions is also GRANTED. The basis for the award is CRC 3.1348(a), which permits sanctions even in the absence of opposition papers. Counsel's hourly rate of $200 is rea...

Excerpt: ... care and whether the treatment caused any injury. (See Disputed Material Facts 21 to25 and cited evidence therein; see Wachtel Decl. ¶ 14 vs. Starkman Dec. ¶ 26 – 39). The Court must construe the opposing evidence liberally for this motion. The differing opinions of experts creates a factual dispute that is not appropriately resolved by way of summary judgment. (Hernandez v. KWPH Enterprises (2004) 116 Cal.App.4th 170, 176; Garrett v. Howmed...

Excerpt: ...int on Defendants on 9/29/17, as confirmed by its proofs of service filed on 10/02/17. Under CCP 430.40 (a), Defendants were required to file their Demurrer within 30 days after being served with the summons and complaint, unless extended by stipulation or court order. The deadline for filing the Demurrer was on or about 10/29/17. Defendants filed their Demurrer nearly two months later on 12/27/17. There is no evidence before the court that the D...