Excerpt: ... public airport. “Where the lateness of the claim is attributable to the failure of the claimant ... to conduct a reasonably prudent investigation of the circumstances of the accident, relief from the claims filing statute is not available.” (Department of Water & Power v. Superior Court (2000) 82 Cal.App.4th 1288, 1296.) Petitioner has also failed to demonstrate any effort, much less a diligent effort, to retain legal counsel within six mont...

Excerpt: ...ermine if the Opposition was timely filed and served and therefore disregards the same. (See Calif. Rules of Court, rule 3.1300, subd. (d).) Additionally, no evidence was timely filed by Debtor, also as ordered by the Court, so there is no evidence before the Court as to income, expenses, etc., that would allow the Court to properly determine a specific dollar amount that Creditor would be assigned. However, pursuant to CCP § 706.050: “. . . [...

Excerpt: ...B owes Curci under the Judgment. This is a collective limit placed on the assignment of payment rights across the six notes. (CCP § 708.510(d).) JPB argues that the face value of all the notes which is said to be over $42.6 million (not including interest) is far more than the outstanding amount of the judgment here, which appears to be in the range of $11 million at this time. However, the Court is not authorizing the Judgment Creditor to colle...

Excerpt: ...Jury Instructions Withdrawn, f. 11/13/18.] As a result, these were not submitted to the jury to decide in connection with their verdict. [See Special Verdict f. 11/13/18.] The jury was only asked to consider awarding plaintiff noneconomic damages for which the jury found the plaintiff was not warranted compensation. Case law instructs that noneconomic damages are perhaps uniquely within the province of a jury to decide because they are difficult ...

Excerpt: ...C.P. § 412.20(a). With the exception of the last document, which appears to be a partial printing, the documents attached to the Motion do not have the seal of the Court, the signature of the clerk, or a Court case number. There are also documents from what appears to be a different case with different defendants. This is all improper. Although the records on file with the Court do have the proper seal, signature, and case number, it does not ap...

Excerpt: ... states that he been provided with extensive documentation to review in order to enable him to evaluate this matter and formulate opinions, including Mr. Mann's responses to form interrogatories and special interrogatories, the transcript of Mr. Mann's deposition, medical records pertaining to Mr. Manns from Orange County Fire Authority, Saddleback Memorial Medical Center, Caducceus Medical Group, St. Joseph Health Mission Hospital, Pain Manageme...

Excerpt: ..., Inc. C.C.P. § 437c. From the evidence before the Court attached to the declaration of attorney Jack H. Snyder, as well as the declaration of Bancroft S. Gordon (Vice President, Assistant General Counsel & Corporate Secretary at Marriott International, Inc.), it is reasonably deducible that 1) there is no legal relationship between Marriott International, Inc., and Newport Coast Resort; 2) there is an absence of ownership or management of the N...

Excerpt: ...o constant and pervasive “as to render [it] essentially at home in the … State.” (Daimler AG v. Bauman (2014) 571 U.S. 117, 122.) “[O]nly a limited set of affiliations with a forum will render a defendant amenable to all-purpose jurisdiction there.” “With respect to a corporation, the place of incorporation and principal place of business are “ paradig[m] ... bases for general jurisdiction.” A showing based on a different grounds ...

Excerpt: ...8, no reason for the stay was specified as required by CRC Rule 3.650(c), the Notice was not properly served as required by CRC Rule 3.650(a), and the stay was filed after the Motion, Opposition, and Reply papers had already been filed. Therefore, the Court's ruling on this Motion is appropriate at this time. Inadequate Meet & Confer Pursuant to C.C.P. § 439 (eff. 01/01/18), Recon was required to meet and confer with Plaintiff at least five days...

Excerpt: ...had the right to use and enjoy that property in any manner they pleased: whether that be using the embryos to try and achieve a pregnancy, giving them to others, or storing them elsewhere indefinitely.” The right to spend money on storage fees, or a failed frozen transfer, is novel but the idea that there was some inchoate value in just having them around in storage might be. In other words, is there value in hope? Plaintiffs also assert a pote...

Excerpt: ...Defendant made a substantial 998 offer to Plaintiff, $75,100, which the Plaintiff did not accept. At trial, Plaintiff was not awarded nearly as much as the 998 offer (a $500 jury verdict). Under CCP § 998, therefore, Defendant is entitled to recover its post-offer (ordinary) costs from the Plaintiff, as well as in the Court's discretion, be awarded its post- offer expert witness costs. (CCP §998(c).) The Court finds it appropriate here to award...

Excerpt: ...Palo Alto (2007) 157 Cal.App.4th 728, 744.) There appear to be certain deficiencies with the moving papers. First, a plaintiff cannot obtain summary judgment on a breach of contract cause of action without evidence of the amount of damages. (Paramount Petroleum Corporation v. Superior Court (2014) 227 Cal.App.4th 226, 241.) Here, the moving papers did not include material facts about the amount of damages, nor does the moving declaration have tes...

Excerpt: ...laintiff and his dog. There is conflicting evidence as to precise series of events, but nothing changes the fact that Max escaped the property unrestrained and attacked. Shannon and Dwight Porter (property owners) move to summarily adjudicate in their favor the two causes of action alleged against them. Max was being cared for in their home, and escaped from their home en route to attacking plaintiff. Summary judgment is no longer a disfavored re...

Excerpt: ...Palo Alto (2007) 157 Cal.App.4th 728, 744.) There appear to be certain deficiencies with the moving papers. First, a plaintiff cannot obtain summary judgment on a breach of contract cause of action without evidence of the amount of damages. (Paramount Petroleum Corporation v. Superior Court (2014) 227 Cal.App.4th 226, 241.) Here, the moving papers did not include material facts about the amount of damages, nor does the moving declaration have tes...

Excerpt: ...nt Statement after the court- ordered meet and confer took place. (See 4/20/18 Minutes, p. 3-4). The record reflects that the parties have also entered into a stipulated protective order. RFPs No. 7 and 10 remain in dispute. (See Joint Stmt. 5/21/18.) The Court now Grants the motion to compel as set forth below. The 1 st cause of action in the operative complaint, alleges that Defendant Taylor purchased the Red Hill property in 2011 using approxi...

Excerpt: ...OW CAUSE This case comes to Dept. 16 by transfer. This may have been a straightforward employment dispute. However, for whatever reason it has become much more. There are more than 1000 filings in the Registry of Action, representing:  14 attorneys/firms coming and going;  6 aborted trial dates;  24 pleading/attacking motions;  7 generations of operative pleadings;  7 discovery motions. Before the Court on 5/18 are 10 additional di...

Excerpt: ...ing tortfeasors. Cal. Code Civ. Proc. § 877.6(c). A party contesting the good faith of a settlement has the burden of showing there was a lack of good faith in the settlement. Code of Civil Procedure § 877.6(d). While it is true that “[t]he party asserting the lack of good faith [has] the burden of proof on that issue,” it is nonetheless true that, “[i]f ‘there is no substantial evidence to support a critical assumption as to the nature...

Excerpt: ...orked. La Bodega Market, a dba, even if unregistered, is not a separate legal entity from Defendant Holy Foods, Inc. (Pinkerton's Inc. v. Sup. Ct., 49 Cal.App.4th (1996) 1342, 1344.) Holy Foods, Inc. is clearly an express beneficiary of La Bodega Market as the owner of the dba pursuant to Section 1c of the Arbitration Agreement. Defendant acknowledged that it had mixed up describing Exhibit “A” with “B”, and then Exhibit “C” with “D...

Excerpt: ...re of the records sought, significant financial discovery and disputes regarding the breadth and scope. The Court is not persuaded to deny the motions for this reason. Plaintiff alternatively requests that the Court continue the hearings further. As to this, Defendants question the sufficiency of the declaration of plaintiff's counsel (Mr. Gaines) to support the request for a mandatory continuance under CCP §437c(h). “An opposing party's decla...

Excerpt: ...heir reply briefs after the defendants' opposition brief was filed was improper. The Court will not consider the evidence filed by the plaintiffs after the defendants' filed their opposition brief because the defendants did not have an opportunity to respond to the evidence. Insufficient Evidence Filed in Support of Motion - Evidence in Reply: The moving party generally may not rely on additional evidence filed with its reply papers. San Diego Wa...

Excerpt: ... served by email. (See CCP §1008(a); Docket #217; CCP §1013(a)) and CCP §1010.6(a)(4)). On this record, it appears that Plaintiff acted in time. However, the papers do not present new facts or circumstances to justify the court's reconsideration of the ruling. (CCP § 1008(a).) For new or different facts, Plaintiff seems to cite his realization that the underlying discovery responses, which had objections, were signed by the counsel for Defend...

Excerpt: ...rprise or Excusable Neglect” (CCP § 473(b)): The court is empowered to relieve a party “upon any terms as may be just … from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (CCP § 473(b).) The statute specifies that the application for relief “shall be accompanied by a copy of the answer or other pleading proposed to be filed … othe...

Excerpt: ...esponses are untimely. C.C.P. § 2030.290(a). The party propounding may file a motion to compel answers to interrogatories and seek monetary sanctions. C.C.P. § 2030.290(c). The Court is required to impose monetary sanctions, unless the sanctioned party acted with substantial justification. Id. The Motion is Moot as Substantive Responses Were Provided After the Motion Was Filed Subsequent to Enterprise's filing of its Motion, it appears that Pla...

Excerpt: ...as merit. Pursuant to Code of Civil Procedure Section 472, “[a]ny pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issues of law thereon…” Additionally, the failure to oppose the Demurrer may be construed as having abandoned the claims. See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 [“Plaintiffs did not o...

Excerpt: ...nts failed to comply with CCP sections 430.41 and 435.5, which require the moving party, at least five days before the date the responsive pleading is due, or at least five days before the date a motion to strike must be filed, to conduct a meet & confer in person or by telephone with the party who filed the challenged pleading for the purpose of determining whether an agreement can be reached that would resolve the objections being raised in the...