Excerpt: ...tion to tax cost that is appearing in the docket. Thus, the memo appears to be final and it is proper to award the cross-complainants these costs. (See CRC 8.278, 3.1700.) The $9,020 in costs claimed by Cross-Complainants, in the 4/25/18 memos, are allowed. However, there are additional costs that are outstanding. 2. 2013 COSTS MEMO – OUTSTANDING & TO BE DETERMINED This Motion appears to ask the Court to rule on an additional cost memorandum, f...

Excerpt: ...86; Gilkyson v. Disney Enterprises, Inc. (2016) 244 Cal.App.4th 1336, 1343 [“while portions of the… contract claim are undoubtedly time-barred, the action is timely as to those breaches occurring within the four-year limitations period preceding the filing of the original lawsuit.”].) Here, the FAC alleges that Plaintiff was hired “in or around 2008.” Plaintiff has since testified that he was not hired until 2010. (RJN Ex. A.) But in an...

Excerpt: ...86; Gilkyson v. Disney Enterprises, Inc. (2016) 244 Cal.App.4th 1336, 1343 [“while portions of the… contract claim are undoubtedly time-barred, the action is timely as to those breaches occurring within the four-year limitations period preceding the filing of the original lawsuit.”].) Here, the FAC alleges that Plaintiff was hired “in or around June 2012” and worked for Defendants until July 2016, and that the alleged violations occurre...

Excerpt: ...s, or through reasonable diligence should have discovered, the injury, whichever occurs first. CCP § 340.5. “The one-year limitation period of section 340.5 is a codification of the discovery rule, under which a cause of action accrues when the plaintiff is aware, or reasonably should be aware, of “injury,” a term of art which means “both the negligent cause and the damaging effect of the alleged wrongful act.” Arroyo v. Plosay (2014) ...

Excerpt: ...us call that would be forever etched in history. The details of that call are not directly relevant for today's bifurcated proceeding, but this much should be said: a homeless and mentally compromised individual by the name of Kelly Thomas was detained on suspicion of possessing stolen property (mail) and trying to break into parked cars; he later died from injuries suffered when officers converted that detention into an arrest. One of those offi...

Excerpt: ...led at least nine court days prior to the hearing. See CCP §472(a). Although plaintiff failed to heed this requirement, the absence of opposition coupled with an obvious attempt to file an amended pleading leads this Court to the inescapable conclusion that there is no need to address the demurrer or motion to strike substantively. For technical purposes, the demurrer is SUSTAINED, the motion to strike is moot, and plaintiff shall have 10 days l...

Excerpt: ...r's fees, as agreed upon in the arbitration agreement (¶ 7). Defendant shall give notice. Basic Standard Defendant has met the burden to show that there is an arbitration agreement covering the dispute. (See Petition, Agreement to Arbitrate.) The Plaintiff has the burden to show there is a defense to its enforcement. (CCP § 1281.2;Segal v. Silberstein (2007) 156 Cal.App.4th 627, 633.) Waiver The Court cannot agree that Defendant has waived the ...

Excerpt: ...onses, and all objections had already been waived. (C.C.P. §2033.280(a).) Therefore, unless responses in substantial compliance with §2033.220 are provided before the hearing, the matters specified in RFAs Set One, for RFA Nos. 1-5, 7-15, & 19, shall be deemed admitted. (C.C.P. §2033.280(b)(c).) Sanctions are imposed against Steward alone in the amount of $860 under C.C.P. § 2033.280(c). No basis for also imposing those sanctions on defense c...

Excerpt: ...v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal.App.4th 50, 62 [the “critical point in time is when the claims accrued” – i.e. when the conduct at issue occurred].) Defendants have not shown that Plaintiff had either agreed in advance to arbitrate those claims, or that he gave express consent in the Agreement that it would have retroactive application. Arbitration thus cannot be compelled here. (See Cobb v. Ironwood Country Club (201...

Excerpt: ...on, entitled Hardy & Harper Inc. v. Astra Builders, Inc. et al., (OCSC Case No. 2014 00726136) (the “Action”). (UF 5.) That Action was settled in 2015. (UF 6.) A written settlement agreement (“Agreement”) was signed by the parties to that suit - Astra, Suretec, and Hardy &Harper. (UF 6; Gavrilescu Decl. Ex. B.) Gavrilescu signed the Agreement for Astra. (UF 7.) The instant motion is based on the Agreement. It is undisputed that Gavrilescu...

Excerpt: ...lly the causes of action; there are many alleged. Defendants are to give notice unless notice is waived. MEET AND CONFER IS SUFFICIENT In the emails, both counsel identified their respective positions and legal support. This is sufficient for a meet and confer. (See CCP §430.41(a)(1), §435.5(a)(1); 6/8/18 Park Decl., Exhibit A, B.) However, in the future, Defendants must meet and confer “in person or by telephone” in accordance with the sta...

Excerpt: ...ior Court (2004) 121 Cal.App.4th 1100, 1106; Hobbs v. Weiss (1999) 73 Cal.App.4th 76, 77.) Evidence proffered in support of, or in opposition to, an application must be set forth with particularity, admissible, competent and under oath by declarants with personal knowledge of the facts proffered. (CCP §§ 482.040, 484.020, 484.030; Goldstein v. Barak Const. (2008) 164 Cal.App.4th 845, 853; VFS Financing, Inc. v. CHF Express, LLC, 620 F.Supp.2d 1...

Excerpt: ... amend. Under C.C.P. § 430.41(b), a “party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross- complaint, or answer.” (C.C.P. § 430.41(b) [emphasis added].) Owner's current demurrer does not comply....

Excerpt: ...he contracted attorney fee rate; 3) to identify the what the $1,126.84 in fees are for and why they were not included in the Memorandum of Costs; and 4) a breakdown of the “anticipated” fees and costs. This will aid the Court it determining the reasonableness of the requested amounts. The re-filed Motion is to be regularly filed and noticed under the requirements of C.C.P. § 1005. Motion for Leave to Amend Digitech's Motion To Amend the Cros...

Excerpt: ...s no power to balance the differing interests of opposing litigants in applying the provision.” Id., at 1085. Plaintiff has established that she is 85-years old, has a substantial interest in the action as the sole plaintiff and that her health is such that a trial preference is necessary to prevent prejudicing the party's interest in the litigation due to her high blood pressure and lapses of cognitive ability which are increasing in frequency...

Excerpt: ...levant to the claims and defenses presented. (See Supp. Ettinghoff Decl., and Exs. A-D thereto.) And it does not appear that there is any less intrusive means available to Plaintiff to obtain the information requested. In addition, as Plaintiff has limited the requests to bank statements alone, it seems unlikely that SSNs or tax returns would be included in the requested production. Plaintiff also appears to have narrowly tailored the requests, t...

Excerpt: ...se 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, 13 Cal.App.5 th at 616.) These standards have been met for the “lovely...

Excerpt: ... that there were none for any years prior to 2014, but agreed to produce those he had for 2014-2016. (Sheetz Decl. Ex. J.) Plaintiff has evidently now produced responsive documents for 2014 and 2016. (Reply p. 8.) It thus appears that the only material still at issue for these requests are the 2015 returns. If Plaintiff has them, they must be produced. If not, Plaintiff's counsel should be prepared to address at the time of the hearing, with spec...

Excerpt: ...r dismissal from the academy, she had just completed her 15 th and 16 thweeks. The grade sheets for those weeks had already been posted for all recruits to review, and according to plaintiff showed her doing quite well compared to her peers. Following ejectment from the academy, plaintiff has attempted unsuccessfully to secure a copy of those key weekly grade sheets. Even after the recent PMK deposition, it remains defendants' position that the g...

Excerpt: ...ive from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted. . . Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no ...

Excerpt: ...the $550,000 that Plaintiff paid to Greer for representation during the Bankruptcy Matters. Complaint ¶¶ 8-61; 63-64. It also alleges that Defendant failed to properly represent Plaintiff in the Bankruptcy Matters. Id. As a result of alleged inadequate representation on the part of attorney Greer and Defendant, Plaintiff was eventually found liable for an over $7 million judgment in the bankruptcy action. Complaint ¶ 28. Plaintiff also claims ...

Excerpt: ...he 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 the activity given the size of the deposits. Before the ...

Excerpt: ..., or intrusiveness of Defendant's requested conditions on the deposition process onto Plaintiff in order for him to depose Defendant's employees, for the discovery of information he is entitled to obtain. Additionally, Defendant did not promptly bring this motion. Defendant never sought a protective order prior to the first noticed depositions of the witnesses, despite asserting that Plaintiff was threatening at Khader's deposition. Plaintiff ser...

Excerpt: ...t cite any procedural defect, but rather, challenges the legal sufficiency of Plaintiff's proposed fraud cause. The evidence does not support a finding that the fraud cause is a sham pleading. In any event, the argument is not appropriate at this stage, as motion for leave to amend, does not generally consider the legal sufficiency of the amended pleading. Kittredge Sports Co. v. Sup.Ct. (1989) 213 Cal.App.3d 1045, 1048. Any prejudice to the defe...

Excerpt: ... Los Angeles (2000) 85 Cal.App.4th 316, 324; ABF Capital Corp. v. Berglass (2005) 130 Cal.App.4th 825, 833.) Generally, a cause of action accrues and the statute of limitations begins to run when the plaintiff has suffered wrongdoing and resulting harm. (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797, 806.) Here, the alleged fraud consists of the sale of the vehicle to Plaintiff, without disclosing the alleged defects. It appears that th...