Excerpt: ...tion, the costs requested are proper and the undertaking is to be scaled to Bounds' resources. Defendant New Albertson's, Inc. Motion to File an Undertaking pursuant to Code of Civil Procedure §1030 is DENIED. Defendant has not shown a reasonable possibility of obtaining a judgment in its favor. Even if it had, it has not adequately stated the nature and the amount of the costs requested. Documentation of past costs should be provided. Anticipat...

Excerpt: ...red to provide full, complete, and verified responses, without objection, to Special Interrogatories, Set One, Special Interrogatory Nos. 7-21, to the offices of counsel for moving party, within 20 days. Defendant Robert Payne is also ordered to provide full, complete, and verified further responses, without objection, to Special Interrogatories, Set One, Special Interrogatory Nos. 2, 4 and 5, to the offices of counsel for moving party, within 20...

Excerpt: ...very request and all the responses to it that are at issue. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response.” Next, the mutual requests for sanctions are denied given the legitimate dispute over whether the documents being withheld are privileged or not. See, C.C.P. § 2031.310(h). Prevailing party to give notice. Future Hear...

Excerpt: ... Moving Parties claim summary adjudication is appropriate as to both cross-defendants, Antonio Medina and GNA on the first and fourth causes of action. Moving Parties argue the indemnity provisions of the contracts between Pelican and Responding Parties include RPs' duty to defend Pelican in this action. MPs imply they are entitled to collect the cost of their defense in this suit. It could very well be that Medina and GNA did owe MPs a duty to d...

Excerpt: ...ose employing broker is Lee Humphrey Durst. As a matter of law in CA, only a licensed real estate broker may receive the commissions in connection with real estate transactions; any other procedure is a violation of B&P 10138, and subjects Bianca Espinoza to discipline, including suspension and/or revocation of her license. (Miller & Starr, 2 CA Real Estate, Section 5:56.) Thus, all real estate commissions paid for her services as a real estate a...

Excerpt: ...ged. The Demurrer to the Sixth Cause of Action For Rescission is SUSTAINED without leave to amend, on the basis that rescission is a remedy not a free-standing cause of action. This is without prejudice to the pleading of the remedy of rescission in connection with an appropriate supporting cause of action. The Demurrers to the Eighth and Ninth Causes of Action For Concealment and Fraud are SUSTAINED with leave to amend, on the basis that the fac...

Excerpt: ... service filed on January 19, 2018, show the notice of hearing was served via substitute service, deemed effective as of January 18, 2018. (See Code Civ. Proc., § 415.20 [substitute service deemed complete on the 10th day after mailing].) The last day to timely notice the hearing was January 9, 2018. (Code Civ. Proc., § 1005, subd. (b).) Plaintiffs to give notice. Future Hearings: CMC: 4/10/18 8:30 am ...

Excerpt: ...rnational's 10 discovery motions filed in August 2017 and continued per ex parte order for hearing, motions relating to discovery were cutoff based on the August trial date. (8-28-17 Minute Order and Order filed 8-28- 17, as well as the 10-25-17 Minute Order.) Frank Li made no request for leave to bring any further discovery motions at the ex parte hearing on 8-28-17. Prevailing party to give notice 2) Frank Li's motion to compel further Response...

Excerpt: ...s required setting forth contact information and plaintiff Crystal Cove's pending motion for attorney's fees. See, Rule 3.1362(e). Third, attorney Peter Holzer and his firm failed to give notice of the continued hearing date of 1-25-18 as ordered. On the merits, assuming the service and other procedural defects are resolved, attorney Peter Holzer and the Law Office of Peter Holzer's motion to withdraw as counsel for defendants Se Yull Oh and Jo J...

Excerpt: ...arge a daily fee if the expert is required by the requesting party to be available for a full day and the expert had to forego all business would have otherwise conducted but for the request that the expert be available all day for the scheduled deposition. The Plaintiff's Notice of Deposition for Dr. Haiavy states that: “If the deposition is not completed on the date set out above [01/03/18], the taking of the deposition will be continued from...

Excerpt: ...'s failure to comply with this court's orders to provide discovery was willful. Because the Plaintiff has failed and refused to comply with her obligations to provide discovery responses, and her failure to comply with this court's orders, Defendant Jamie Rico Olivarez's ability to prepare for trial has been substantially prejudiced. Given the short amount of time available before trial, an order of sanctions short of the requested terminating sa...

Excerpt: ...derance of the evidence. (Weil & Brown, Rutter Group, Civil Procedure Before Trial, Chapter 8H-5, Section 8:1454.10, citing Stadish v. Superior Court (1999) 71 Cal.App.4th 1130, 1145.) A party seeking a protective order must also provide a declaration showing a reasonable and good faith attempt to resolve the issue with opposing counsel. (CCP 2025.420(a).) “[T]he issuance and formulation of protective orders are to a large extent discretionary ...

Excerpt: ...rtners, LLC Joinder Motions: Defendant Wailea Property Partners, LLC's (Wailea) joinder to defendant Colliers International Real Estate Management's (Colliers) demurrer to first amended complaint and motion to strike portions of first amended complaint is DENIED as both procedurally and substantively defective. First, the joinder is untimely. A joinder is timely if it is served and filed within the time for noticing the particular motion at issue...