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