Excerpt: ...till finds, that a stay in these civil proceedings, while the Probate matters are resolved, is appropriate to avoid the risk of inconsistent trial court rulings on common issues. The instant Motion for Relief from Stay is therefore Denied. The Request for Judicial Notice is Granted, as to the existence of and legal effect of the documents presented therein. (Fontenot v. Wells Fargo Bank, NA (2011) 198 Cal.App.4th 256, 264; Arce v. Kaiser Foundati...

Excerpt: ... suffering an involuntary loss of counsel at this time. It appears the Plaintiffs are adding counsel. (See Reply Brf.). This does not reflect the sort of exigent circumstances that case law illustrates as supporting a trial continuance in relation to the substitution of counsel. (See Vann v. Shilleh (1975) 54 Cal.App.3d 192, 196 (where attorney abandoned the client shortly before trial, and plaintiffs sought to bring in new counsel, trial continu...

Excerpt: ...ion for Judgment on the Pleadings against Savage Enterprises, Inc.'s entire Cross-Complaint and in the alternative against each and every individual cause of action is Granted with 15 days leave to amend. The Cross Complainant Savage Enterprises, Inc.'s has indicated that it intends to amend the Cross-Complaint to remove the current four causes of action and replace them with a single cause of action for Declaratory Relief. This is the first amen...

Excerpt: ...Compant; defendant Equity Funding is the deficiency judgment assignee. This is a motion to quash by MSMC, and a motion to strike by Equity. MSMC's Motion to Quash The motion is Granted. MSMC's motion to quash is based on this Court's putative lack of personal jurisdiction over the entity. As the undisputed evidence shows (per Daste Declaration):  MSMC is a Delaware Limited Liability Company, with its principal place of business in Louisiana; �...

Excerpt: ...erlin, M.D., Thomas Nass, M.D., and Lawrence B. Werlin, M.D., Inc dba Coastal Fertility Medical Clinic are Denied. Plaintiffs have not at this time established the required “good cause” under CCP 2031.310(b)(1). The information requested is private, highly sensitive medical information of non-parties. To establish the required good cause, it must be demonstrated that the information sought it “directly relevant” and “essential to the fa...

Excerpt: ... court within 60 days after the filing of the complaint”).) Plaintiff shall do so within the next two days. Per the moving papers, a settlement was reached between Plaintiff and the Defendant in March of 2017, pursuant to a written Settlement and Mutual Release Agreement which the movant seeks to enforce. While a copy of a detached stipulation page regarding entry of judgment is provided, a copy of the settlement agreement is not provided to th...

Excerpt: ...e Defendant has waived service of the summons and Complaint and has consented to this Court's exercise of jurisdiction. Defendant consented to jurisdiction because he made several general appearances by attending multiple CMC's, in person, by telephone, and through counsel. Defendant invoked the jurisdiction of the Court by requesting continuances of the CMC -- to allow him to negotiate settlement, to retain counsel, and to file an answer or demu...

Excerpt: .... Cross-Defendants /Cross-Complainants AAPER Holdings Inc. Motion requesting a finding that the settlement by and between Plaintiffs Andrea R. Moni & Fabian E. Moni and Cross- Complainant/Cross-Defendant Christopher Moore, MD is not in good faith is Denied. In determining the issue of the good faith of a settlement, the question is “whether the amount of the settlement is within the reasonable range of the settling tortfeasor's proportional sha...

Excerpt: ...appears that no final judgment on the merits was entered in the prior action. (Opp RJN Exs. 1-5; Boeken v. Philip Morris USA, Inc. (2010) 48 Cal.4th 788, 797.) The Demurrer on res judicata grounds is therefore Overruled. The Demurrer also asserts that the entire action is time-barred, but that has not been established for purposes of demurrer. The Complaint alleges that Patel, through “Mortgage Corp.”, entered into a Mortgage Broker Business ...

Excerpt: ...ing on the Newport Beach property during the pendency of this litigation. The plaintiff is required to post a bond in the amount of as determined by the Court. The Court needs to know the status of the foreclosure. Probability of Prevailing - CCP § 726 : Where a creditor elects to obtain a personal money judgment rather than enforce his mortgage, the effect of the election is to waive the right to foreclose on his security. James v. P. C. S. Gin...

Excerpt: ..., the amount of the settlement is not “disproportionately low” to make the settlor's financial condition the dispositive issue. See L. C. Rudd & Son, Inc. v. Superior Court (1997) 52 Cal.App.4th 742, 749. The Court believes it has sufficient information to assess the settlement, from the parties' papers and the records of this action. There is certainly more scope for MP to have liability for any future medical care for plaintiff, and for non...

Excerpt: ...le pleadings.] The demurrer is Overruled in part and Sustained with 20 days leave to amend in part, for the reasons set forth below. The Court notes that at pp. 12-13 the FAC contains two paragraphs which are both numbered as paragraph 54. The Plaintiff should correct this clerical error in its SAC. Justifiable Reliance Failure to State a Claim Overruled on this ground. Defendant argues that Plaintiff has failed to adequately plead justifiable re...

Excerpt: ...mplaint, that defendant IABA is not vicariously liable for defendant McKay's tortious conduct. (See Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4 th 291, 296-299.) To the extent this cause of action is based on direct liability and duplicative of the 4 th cause of action for negligent hiring/supervision and failure to warn, defendant should have brought a motion to strike. A general demurrer does not lie to only part of a cause ...

Excerpt: ...erior Court Local Rule 316, which establishes their duty to attend. Plaintiff The Irvine Co. moves to strike Defendant's answer under Local Rule 381. The Court finds that the motion is premature and Denies it without prejudice. Local Rule 316 (E) provides that, absent good cause shown, a failure to appear at an MSC is an unlawful interference with court proceedings, such that the Court may “order the person at fault to pay the opposing party's ...

Excerpt: ...efective. Although the motion raises 5 distinct sub-issues, the separate statement does not provide 5 separate headings or 5 sets of facts narrowly and specifically tailored to each of those sub-issues. The separate statement is procedurally defective because it recites the same material facts in the same order for each of the 5 sub-issues. But the sub-issues are sufficiently different from one another that it is difficult for the court to discer...

Excerpt: ...ation regarding the beneficiary dealerships. Defendants are former employees and a direct competitor. Before the Court this day are four discovery motions seeking further responses. In two months there is a motion for an injunction prohibiting defendants from using information obtained from plaintiff (before or within this litigation) which might qualify as a trade secret. Collectively, it is fair to say that the parties are having information is...

Excerpt: ...l address for the Defendant Tran, the clerk therefore served a copy of the 2/23/18 minute order, upon the Plaintiff's counsel electronically on 2/23. The Court also ordered, “Plaintiff shall give notice”; “Clerk gave telephonic notice to the moving party in regards to the tentative ruling and the continued date. Clerk to give written notice to moving party and moving party to notice other party.” (Mins. filed 2/23/18, Clerk's Certificate ...

Excerpt: ...int is verified, the answer shall be verified.”].) Defendants failed to do so. Defendants concede the error, and have attempted to state a Verified Answer in the Opposition. But an opposition brief is not an Answer – a separate Verified Answer must be filed. Defendants are therefore granted 15 days leave to amend, to file an amended verified answer. Plaintiff is to give notice. ...

Excerpt: ...ost recent known address for the Defendant Vo. The Stipulation indicates that the Defendant received the summons and complaint, however, the Court requests that, any proof of service of the summons and the complaint be filed in the court records, by the Plaintiff's counsel. In addition, counsel shall report if any additional payments were received or are to be credited towards the total amount owed. Otherwise, pursuant to CCP §664.6, Plaintiff's...

Excerpt: ...fendant sufficient notice of this ruling in time to file an answer or responsive pleading. While Plaintiff has failed to submit sufficient evidence of “actual delivery” under CCP 417.20, nevertheless Defendant waived the service requirement and consented to the jurisdiction of this court by making multiple general appearances at CMC conferences and by requesting continuances of the haerings and other relief. These apearnces were made by Defen...

Excerpt: ... which states, it has filed for bankruptcy protection in the Central District of California, in case no. 8:17-bk-14545-TA. (See Docket #363, Notice of Stay f. 12/28/17, and attachments thereto, in 2012-594022.) Among the creditors or the participants who were listed in the bankruptcy notice there, included the moving attorneys here (Cornman & Swartz) as well as the plaintiff here (Mission Recruiting LLC). (See id.) This Motion is denied without p...

Excerpt: ...le on the parties' objections. In Opposition, Plaintiffs Matt and Denise Belden maintain that this is unnecessary and that Defendants' citation is insubstantial because it amounts to only 6 out of 190 pages of deposition transcript testimony. The Court is puzzled as to why Defendants submitted an email request to the discovery referee to sit in on the 8/25/17 deposition, without first submitted a motion to him. Furthermore, the Court is also puzz...

Excerpt: ...7 as Jesus Galvan Rodriguez, ROA #123], to provide verified responses to each of the defendant's (1) Special Interrogatories (Set One), and (2) Demand for Production of Documents (Set One). The Motion regarding form interrogatories was previously taken off calendar by the moving parties and is therefore not considered. [See Register of Action 143, Notice of Withdrawal]. The underlying discovery was propounded by the movants approximately seven mo...

Excerpt: ...s the landlord and new owner of the refurbished unit. The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute. A defendant moving for summary judgment may prevail on the motion in one of three ways: (1) by affirmatively negating at least one of plaintiff's essential elements; ...

Excerpt: ... (just over $8 million in compensatory damages, and another $35 million in punitive damages). The Judgment is reaching its 10 th anniversary and so far plaintiff has only collected approximately $30,000 of the $43 million owed (not counting interest). This is an application by defendant to attach back accounts under the name of a third- party JCC Enterprises. This entity is NOT a judgment debtor, nor has there even been a finding that it is an al...