Excerpt: ...ered on October 24, 2017 (see ROA #26). According to the court records, the summons and complaint were served upon the Defendant, on or about August 8, 2017. This would make the Defendant's answer to the complaint due on or about September 7, 2017. Under California Rule of Court, 3.110(d), the parties may stipulate once, without leave of court, to a single, 15-day extension of time for the Defendant to respond to the complaint after being served....

Excerpt: ... California Rules of Court generally are applicable. Citing to, and attempting to apply, Federal Rules of Civil Procedure and federal court rules and regulations as a basis for defendants' arguments in state court is generally incorrect and improper. Reviewing the laws of the State of California and applying them correctly to all aspect of this lawsuit will save the parties, and the Court, a great deal of time. B) Procedural Issues 1) Invalid Pro...

Excerpt: ...d in the amount of $960.00 payable in 20 days. The plaintiff has established that the discovery requests were served on September 13, 2017 with initial responses were served in December 2017. This motion was filed February 9, 2018. The defendants served a supplemental response to Special Interrogatory No. 13 on April 25, 2018. The defendants have not provided any reasonable excuse or justification for why it took them until April 25, 2018 to prov...

Excerpt: ... ACTION FOR VIOLATION OF PENAL CODE SECTION 496 AGAINST DEFENDANT R.E. ADVISORS CORP. The Court is inclined to grant the motion for summary adjudication of the 9 th cause of action in the First Amended Complaint, for receiving and withholding stolen property under Penal Code 496. Penal Code §496 describes a crime referred to as receiving or withholding stolen property (See Judicial Council, Criminal Jury Instruction 1750.) The crime has a specif...

Excerpt: ...is settlement, pursuant to Cal. R. Ct. 3.1382. This is so that the record may be clear as to the affected pleadings. The Court intends to Grant the Motion under CCP section 877.6. The moving papers show the value of the settlement, and a reasonable basis for the same. The burden would shift to opposing parties to come forward with evidence that the settlement is so far out of the ballpark as to be inconsistent with the equitable purposes of secti...

Excerpt: ...the facts in Plaintiff's Complaint, and in the moving and opposing papers, Riverside County Superior Court appears to be the proper venue for this action. The motor vehicle accident occurred in Norco, CA. Plaintiff lives in Riverside, CA. Defendant Katelyn Bushnell lives in Fontana, CA. Defendant Hemborg Ford is based in Norco, CA. Each of the above cities is in Riverside County. As incident occurred in Riverside County, and all of the parties re...

Excerpt: ...c. (“CCP”), § 426.30.) A cross-complaint is “related” to the complaint if it arises out of the same transaction, occurrence, or series of transactions or occurrences as the complaint. (CCP § 426.10(c).) All other cross-complaints are permissive cross-complaints. A liberal construction is given to the application of the compulsory cross-complaint statute. (Align Technology, Inc. v. Bao Tran(2009) 179 Cal.App.4th 949, 967.) “The test re...

Excerpt: ... (“COAs”) are at best uncertain as pled. For example, the Demurrer asserts that each fails as Plaintiff has not alleged tender. Plaintiff's Opposition failed to respond to that argument. Tender of indebtedness is required in an action to set aside a trustee's sale for irregularities in sale notice or procedure, but is not necessarily required for other claims. (Alvarez v. BAC Home Loans Servicing, L.P.(2014) 228 Cal.App.4th 941, 951–952.) H...

Excerpt: ...r to Plaintiff as the sole borrower. The Demurrer on this ground is thus Overruled. The Demurrer also asserts that the Complaint is uncertain, as it violates CRC 2.112. A demurrer for uncertainty should be sustained only where the pleading is so bad that defendant cannot reasonably respond. (See Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 615-616.) Here, the body of the Complaint reflects that each of the stated causes of acti...

Excerpt: ...ded 03/29/12, Exhibit 6 – Defendant's letter to Plaintiff dated 01/09/13, Exhibit 7 - Declaration of Shannon Childs in Support of Defendants' previously filed Motion for Summary Judgment, Exhibit 8 - Court's Docket in Plaintiff's prior lawsuit, Exhibit 9 - First Amended Complaint filed in Plaintiff's prior lawsuit, Exhibit 10 - Notice of Ruling RE Defendants' Motion for Terminating Sanctions filed in Plaintiff's prior lawsuit, Exhibit 11 - Requ...

Excerpt: ...gle question to be resolved on this demurrer is whether those causes of action are preempted. California's Uniform Trade Secret Act provides the exclusive civil remedy for conduct that is “based upon” misappropriation of a trade secret. Silvaco Data Sys. v. Intel Corp. (2010) 184 Cal.App.4 th 210, 236; K.C. Multimedia, Inc. v. Bank of Am. Tech. & Operations, Inc. (2009) 171 Cal.App.4 th 939, 954. The phrase “based on” is to be interpreted...

Excerpt: ...rcum LLP and Stan Lam Motion for monetary sanctions against Plaintiff Leslie Andrews in the total amount of $17,740.57 is Denied. The plaintiff has established good cause for her failure to attend the settlement conference in person. The plaintiff has presented evidence which supports a finding that she was physically unable to attend the conference in person. Trial counsel, parties, and persons with full authority to settle the case must attend ...

Excerpt: ...band Albert Arizmendez, which Plaintiff alone now seeks to rescind. (Complaint ¶¶ 8, 11, 17-19, 21 and Ex. 1; Prayer at pp. 25-26.) A judgment in Plaintiff's favor would necessarily affect Mr. Arizmendez's rights. Plaintiff claims that her husband need not be joined, as their interests are aligned. But that is not necessarily so. The Motion is therefore Granted, as to the Fourth (Quiet Title) Cause of Action, with 15 days leave to amend. Defend...

Excerpt: ...ar previously worked for plaintiff, a refinance mortgage specialist. They are alleged to have absconded with plaintiff's “trade secrets” to work for and benefit a direct competitor, co-defendant Giza Exchange Inc. These are plaintiff's nine discovery motions, and defense counsel's three motions to withdraw. Motions to Withdraw – Denied, Without Prejudice First, there is a concern over service. All papers in support of the motion must be ser...

Excerpt: ...e or occupy the Thier Property or any portion of it. This order necessarily prohibits the locking of any gate or otherwise restricting ingress or egress across the Easement. This order also prohibits the defendant from harassing or intimidating such individuals from using the Easement as provided in this order. This order only extends to vehicular and pedestrian ingress and egress. It specifically does not allow for equestrian use of the Access E...

Excerpt: ... of a triable issue as to a COA or complete defense. (Id.; Hawkins v. Wilton (2006) 144 Cal.App.4th 936, 940.) “Because of the drastic nature of the summary judgment procedure and the importance of safeguarding the adverse party's right to a trial, the moving party must make a strong showing. His affidavits are strictly construed and the opposing party's are liberally construed.” (Garcia v. World Savings, FSB (2010) 183 Cal.App.4th 1031, 1038...

Excerpt: ...after assumed his new role as a senior executive. Plaintiff now no longer wants to honor his agreement to submit disputes to arbitration claiming that he did not understand what he was doing, and that the arbitration agreement is unconscionable. On a 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 t...

Excerpt: ...#123], to provide verified responses to each of the defendant's (1) Special Interrogatories (Set One), and each of the defendant's (2) Demand for Production of Documents (Set One). In addition, this is the hearing of the three Defendants' Motion to deem their jointly-propounded (3) Requests for Admissions (Set One) admitted against the Plaintiff. The Defendant(s) previously withdrew a fourth Motion to Compel, regarding Form Interrogatories. The m...

Excerpt: ...te the 60–day deadline. (Id. at 682; see also Hewlett-Packard Company v. Oracle Corporation (2015) 239 Cal.App.4th 1174, 1189 [in the absence of some event which has reopened the 60–day period, the trial court cannot abuse its discretion by refusing to hear an untimely motion].) Here, no explanation has been offered to excuse the tardy filing, and Plaintiff claims to have incurred additional litigation costs in the interim. The Motion could t...

Excerpt: ... Courts treat the demurer as admitting all material facts properly pleaded, but do not assume the truth of contentions, deductions or conclusions of law. Ramirez v. Tulare County District Attorney's Office (2017) 9 Cal.App.5 th 911, 924. On 10/29/16, Petitioner allegedly “disciplined” her 10 year-old son when his performance during a piano lesson was not to Petitioner's satisfaction. She hit him all over his body with a wooden spoon, and forc...

Excerpt: ...to whom it is directed (e.g., “against defendant Smith”)]. It is not apparent then why they should be demurring. In any event, otherwise, demurrers to the fraud cause of action (2 nd), and to the indemnity cause of action (7 th) are Sustained with 15 days leave to amend. An amended complaint shall be filed and served within 15 days. For case management purposes, no new causes of action may added beyond the scope of leave to amend, without obt...

Excerpt: ...fficient to constitute a cause of action is Overruled in part and Sustained in part as follows: Overruled as to the 1 st cause of action for basic Neglect under the Elder Abuse Act. Plaintiff has sufficiently pled facts supporting a cause of action for Neglect under the Elder Abuse Act (CACI 3103). Plaintiff has also pled facts to support a showing that defendant St. Elizabeth is guilty of recklessness in the commission of that neglect. However, ...

Excerpt: ..., looking to specially strike the complaint as a strategic lawsuit against public participation (SLAPP). There is also a related motion to halt plaintiff's deposition. Defendant Brett Schulte is alleged to have authored “the John Comment” which is described at FAC Para 27 and Para 48. This was a review posted online at www.RipOffReport.com on 03/17/17. Schulte is associated with Basta, Inc. a tenant rights organization based out of Los Angele...

Excerpt: ...ry requests to Plaintiff, but despite a 30-day extension of time until 10/26/17, no initial responses were ever received. In Opposition, Plaintiff states that there was an agreement to handle discovery informally and that responses will be served before the hearing. But as of the date of filing of the Reply on 2/13/17, there is no evidence that any initial responses have been received. In Reply, Defendant acknowledges there was an initial agreeme...

Excerpt: ...n the amount of $490 on each motion against the respective plaintiffs, is continued to June 15 18 to confirm valid service. The proofs of service on the discovery demands and on the motions are defective because they fail to comply with CCP § 1013a(3)(G) in that they fail to state that the motion papers were in fact placed for collection and mailing following ordinary business practices. Counsel for moving party to give notice. ...