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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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: ...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: ...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: ... 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...