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: ...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: ... 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: ...”) 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: ...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: ...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: ... 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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...