Excerpt: ...Where there has been a response to RPDs that the propounding party finds inadequate, the propounding party may file a motion compelling production upon a showing of good cause. (CCP § 2031.310(b)(1) and (2); CRC Rule 3.1345; Weil & Brown, Cal. Prac. Guide, Civil Procedure before Trial §8:1494.1.) This motion may be utilized to attack a response containing objections, an agreement to comply that is incomplete, or a statement of inability to comp...

Excerpt: ...een materially affected by reason of active duty service, the court may grant a reasonable deferment of the payment obligation for a period of time equal to the length of the active duty service. Here, petitioner has provided this Court with a copy of his military orders, calling him from Reserve to Active Duty, effective 05/20/18. Prior to that reporting date, petitioner had incurred various periodic repayment obligations, including a mortgage, ...

Excerpt: ... for a debt incurred by the person's spouse before marriage.” (Fam. Code § 913.) “The finding of a trial court that property is either separate or community in character is binding and conclusive on the appellate court if it is supported by sufficient evidence, or if it is based on conflicting evidence or upon evidence that is subject to different inferences; and if a trial court determines that a presumption has been overcome such determina...

Excerpt: ...be important in a particular case because it impacts the procedural mechanism available to attack the judgment, when the judgment may be attacked, and how the party challenging the judgment proves that the judgment is void." (OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th 1318, 1326, 1327.) Defendant has not shown, here, that the judgment is void on the face of the record. (OC Interior Services, LLC, 7 Cal.App.5th 1318...

Excerpt: ...dings of arbitrators on questions of fact are final and conclusive and are not subject to judicial review, except under certain circumstances specified by statute, such as fraud, corruption, prejudicial misconduct in procedural matters, exceeding arbitrators' powers, or so imperfectly executing those powers that a mutual, final, and definite award was not made.” Olivera v. Modiano-Schneider, Inc., 205 Cal. App. 2d 9, 14 (Ct. App. 1962)(“Olive...

Excerpt: ...curity laws, and unauthorized stock trading. Mastick v. TD Ameritrade, Inc. (2012) 209 Cal. App. 4th 1258, 1263. Timeliness of Pleadings Neither the Petition itself, nor respondent Bhaskar Chandrakant Vyas's (“Respondent”) Response are untimely. The one-year time frame for filing a petition to confirm an arbitration award pursuant to 9 U.S.C.A. § 9 is permissible and nor mandatory. Optimal Markets Inc. v. FTI Consulting, Inc., No. 08-5765 SC...

Excerpt: ... th 242, 249; San Diego Watercrafts, Inc. v. Wells Fargo Bank, N.A. (2002) 102 Cal.App.4th 308, 316.) Claimant properly objected to the excessive length of the reply and the new evidence submitted with the reply. (Gafcon, Inc. v. Ponsor & Assocs. (2002) 98 Cal.App.4 th 1388, 1426.) Claimant points out that the Reply papers, which total 76 pages including the memorandum, reply separate statement, declarations and exhibits, are essentially a new MS...

Excerpt: ...d is Granted. Partnerships filed their original Petition to Vacate the interim award on November 17, 2019. On November 20, 2019, the final award was issued, and shortly thereafter, Partnerships filed this Amended Petition. Thus, the operative pleading is the Amended Petition to Vacate, not the original Petition. (State Comp. Ins. Fund v. Superior Court (2010) 184 Cal.App.4 th 1124, 1131 [“The amended complaint furnishes the sole basis for the c...

Excerpt: ...280(a); Devonwood Condo. Owners Assn. v. Farmers Ins. Exch. (2008) 162 Cal. App. 4th 1498, 1505. However, in regard to appraisals, such an arbitration would be before appraisers and not an arbitrator, whom generally have more limited powers that arbitrators. Devonwood, supra, at 1505. In this instance, the appraisers would only be able to determine the fair market valuation (“FMV”) of the property located at 4701 Teller Ave., Newport Beach, C...

Excerpt: ...tion seeks consolidation, it is procedurally defective, as it does not identify for each case which parties have appeared, it was not filed under the lowest-numbered case and does not include each caption. Nor does it demonstrate that the Notice was filed in each case sought to be consolidated. And while the parties and counsel listed on the proof may be complete, that is not self-evident from the proof itself. Procedural compliance with C.R.C. 3...

Excerpt: ... Cal.2d 598, 600 (court may take judicial notice of its own records in assessing motion for new trial); Nichols v. Hast (1965) 62 Cal.2d 598, 600 (judicial notice is proper of the minute orders); Gulf Ins. Co. v. TIG Ins. Co. (2001) 86 Cal.App.4th 422, 438 (judicial notice taken of the dates of court filings and dates of events recorded therein).) The Court lacks jurisdiction to grant a new trial. A motion seeking a new trial is subject to strict...

Excerpt: ...rsuant to CRC Rule 1.201. The Court hereby orders Plaintiff's counsel to re-file redacted versions of the Petition pursuant to the above rule within five-days of the hearing. As for the arguments, “A civil cause of action . . . generally accrues at the time of the [injury].” [Citation] “That date may be postponed under the delayed discovery doctrine. [Citation.] Under this doctrine, a cause of action does not accrue until the plaintiff disc...

Excerpt: ...h 32, 44-45.) As such, until there is an actual order staying the litigation, this Court may exercise its continuing power to designate this matter as complex. (CRC Rule 3.403(b).) Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.App.4th 1790 (“Brock”) and Twentieth Century Fox Film Corp. v. Superior Court(2000) 79 Cal.App.4th 188 (“Twentieth Century”) do not require a different result. Brock explains that a party must take action to co...

Excerpt: ...ct an award rendered by the arbitrator shall be filed in any court of competent jurisdiction in the county in which the property is located.” [Emphasis added.] Vincent Decl., Ex. A. “[P]olicies favoring the efficiency of private arbitration as a means of dispute resolution must [] sometimes yield to its fundamentally contractual nature, and to the attendant requirement that arbitration shall proceed as the parties themselves have agreed.” [...

Excerpt: ... motion to compel arbitration under CCP §1281 et seq, the moving party has the burden of demonstrating (1) an arbitration agreement covering the controversy, (2) a demand for arbitration consistent therewith, and (3) a refusal by the other party to arbitrate. Mansouri v. Superior Court (2010) 181 Cal.App.4 th 633, 640; Brodke v. Alphatec Spine Inc. (2008) 160 Cal.App.4 th 1569, 1575. The burden rests with the party seeking to compel arbitration ...

Excerpt: ...ute's cost-shifting provisions.” (Id. at 142.) “[I]t is apparent that once the conditions of … section 998 are met, a defendant may be required to pay expert witness fees incurred during arbitration. . . There is nothing to suggest that the final phrase [of section 998(d)—'in addition to plaintiff's costs'— applies only to cases that go to trial but not to arbitration. Indeed, it is evident that the above statute uses the term ‘plaint...

Excerpt: ... of the petition on respondents and any others with a recorded interest in the subject property as required. See, Health & Safety Code § 17980.7(c). Also, petitioner City of Westminster submitted evidence of substandard conditions at the subject property and failure to rectify such conditions that supports appointment of a receiver. On April 29, 2019, the Court appointed Mr. Eric Beatty Receiver on an interim basis for the real property which is...

Excerpt: ... Motion is not stayed pending appeal. CCP §916(a); Bankes v. Lucas (1992) 9 Cal.App.4th 365, 368-369, superseded by statute on other grounds as stated in Lee v. Wells Fargo Bank (2001) 88 Cal.App.4th 1187, 1197 Defendant Wells Fargo Bank, N.A,'s Motion for an Award of Attorney's Fees under Civil Code §1717 is Granted. The Court has considered all of the parties' papers, including the supplemental briefing ordered by the Court on May 10. 2019, t...

Excerpt: ... arbitration appears to have been pursued against “Larkin.” The Award is against Larkin. The fact that this may have been a mistake may be immaterial to the Court's determination. Arguably any correction in the final award must be made by the arbitrator, which may then be confirmed by the Court. Without a valid reason for correction and without consistent paperwork the only thing this Court may do is confirm the award as written. CCP §1286.2...

Excerpt: ...erged into a single proceeding and result in only one judgment. (Hamilton v. Asbestos Corp., Ltd.(2000) 22 Cal.4th 1127, 1147-1148 [in consolidation for all purposes, two actions are merged into a single proceeding and result in only one judgment]; Guardianship of C.E. (2019) 31 Cal.App.5th 1038, 1053 [“Consolidation, as a procedural matter, converts two cases into one action.”]; Bridewell-Sledge v. Blue Cross of California (9th Cir. 2015) 79...

Excerpt: ..., it expressly prohibits such death knell responses: “if a failure to comply with these rules is the responsibility of counsel and not of the party, any penalty shall be imposed on counsel and shall not adversely affect the party's cause of action or defense thereto.” §575.2(b). In addition, although plaintiff's counsel cited the wrong subsection, CCP §473 does provide a vehicle for having this voidable order set aside. Counsel cites to sub...

Excerpt: ...At this time, the Court is not inclined to continue the hearing further. There being no evidence that the bankruptcy case is pending, and with the evidence which was received of the bankruptcy discharge, the Court is inclined to rule as follows: According to the records, Plaintiff received a Chapter 7 bankruptcy discharge in September, 2018. (See 12/27/18 Low Decl. herein, and Exhibits.) A Chapter 7 discharge relieves an individual debtor from pe...

Excerpt: ...ier Bank and its E&O carrier, Progressive. Although the latter denied coverage, it eventually agreed to pay Premier $350,000 with a release of any related claims for reimbursement. Plaintiffs asked Premier Bank to pay them for their investigatory (albeit non-retained) efforts in the approximate amount of $170,000. Premier Bank initially refused, but ultimately paid plaintiffs $99,000 in exchange for a release of all future claims against the bank...

Excerpt: ... Mr. Rodriguez on 10/23/18 (ROA 10), that he was served with this Motion on 10/29/18, and City asserts that he appears to be the record owner (Complaint ¶ 5). But no evidence is presented as to whether anyone else has a recorded interest in the subject property. City states (MPAs pp. 13-14) that it thoroughly searched “relevant recorded documents” to attempt to locate anyone else with an interest in the Property. But no evidence is presented...

Excerpt: ... property. City has failed to do so.. City has shown that the Petition was served on Vera Arias and any other interested persons by mailing it to the property address and posting it there, and that Sandra Arias was served personally. City also states that it conducted a “reasonably diligent search” and could not find evidence of anyone else with a claim to Vera Arias' interest in the property. (Petition p. 4.) But no evidence is presented as ...