Excerpt: ...verified response within 15 days; Request #8: Defendant responded that no such document exists; This is sufficient response; Deny; Request #12, 17-19, 22, and 26: Request is impermissibly overbroad; Deny; Request #31: Plaintiff did not show good caused for this request; Deny; Request #32: Plaintiff showed good cause for this request; Defendant did not justify its objections to this request; Grant; Defendant to serve a supplemental verified respon...

Excerpt: ... Cal.App.4th 87, 94). “Despite the statute's overall remedial purpose, the statutory language clearly shows that the Legislature intended to impose strict prerequisites and time limits for claims involving uninsured motorists”. (Juarez v. 21st Century Ins. Co. (2003) 105 Cal.App.4th 371, 377.) Generally, "a plaintiff has an obligation to monitor the case in the trial court, to keep track of relevant dates, and to determine whether any filing,...

Excerpt: ...ustice, and on any terms as may be proper, allow a party to amend any pleading.” Code Civ. Proc., § 473, subd. (a)(1); see also Code Civ. Proc., § 576. The court's discretion will usually be exercised liberally so as not to deprive a party of the right to assert a meritorious cause of action or defense. The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made an...

Excerpt: ...documents. The court did not consider Plaintiffs' improperly filed sur-reply. Failure to Name Indispensable Party Demurrers for nonjoinder of parties lie only where it appears from the face of the complaint or matters judicially noticed that some third person is a necessary or indispensable party to the action, and hence, must be joined before the action may proceed. Code Civ. Proc. §430.10(d). When this is the case, in conjunction with the demu...

Excerpt: ... were and how they could be used to deprive her of ownership of her real property and assets; She also denies signing two separate deeds on 10/12/18 that purportedly bear her signature; She now claims to be homeless; This is sufficient to support her claim for elder abuse; Overrule; 2 nd cause of action [fraud v Debra and Elmer Stone]: The intentional misrepresentations are unclear and not pled with the required specificity; Sustain with 10 days ...

Excerpt: ...n to an LLC in 2012 and general questions regarding LLC issues; Ganatra also attempts to offer hearsay testimony that a]Moore assisted with a buy out of the third owner of Poseidon, b]a ‘love contract', c]company software, and d]potentially suing employees; No evidence was presented to find that Moore had an attorney client relationship with Ruskey, either individually or as a shareholder of BrandRep; Finally, Ruskey argues for the first time o...

Excerpt: ...rt finds there is no conflict based on Pltf's allegations which are pled on behalf of both her and Western Tap; The issues that Defts raise which would arguably result in a determination that there is a conflict of interest are based on the claims asserted in Pltf's federal complaint, which is not before this Court; Deny motion to disqualify; Leave to File 1 st Amended Complaint Pltf has failed to demonstrate diligence in moving for leave to amen...

Excerpt: ...im is not adequately stated with specificity and is uncertain as to Debra and Brent; Sustain with 10 days leave to amend; Concealment: Defts are again lumped together; The claim is uncertain and not pled with adequate specificity; Sustain with 10 days leave to amend; Conversion: Adequately stated as far as the allegation that her personal property was converted by Deft; Overrule; Breach of fiduciary duty: Brent Bodkin is listed as an alternate ag...

Excerpt: ...on; The discovery was served on August 30, 2018 – Keshen chose not to respond although the Court confirmed on 1/24/19 that there was no stay in place and the stay had been lifted on 5/31/18; Keshen still refused to provide responses – even after that clarification, which was four months prior to the Court's hearing on the Motion to Deem RFAs Admitted; Even if Keshen believed that she only received notice of the RFAs on 4/5/19 she still had 40...

Excerpt: ...nd cause of action [breach of contract v individuals]: NewRez has provided no evidence for anything but taking confidential/trade secret information; There is no evidence that McCarthy or Davidson disclosed to others the information that they emailed themselves; This cause of action does not provide any basis for an injunction any broader than would be supported by the 1 st cause of action; Deny; 3 rd cause of action [breach of non-solicitation a...

Excerpt: ...ed; No billing records of who did what work; A reduction in requested fees seems appropriate; Grant fees in the amount of $4390 plus costs of $229.20; Leave to File Amended Complaint Pltf admits that the principal reason she seeks leave is to add real property causes of action in order to re-file a lis pendens; Real property claims have not been stated in the 6 th and 7 th causes of action; The facts alleged do not show that Western Tap had a leg...

Excerpt: ...se on the lien; SLS was no longer the servicer of Pltf's loan after April, 2014; Complaint filed on 7/19/18 – more than 4 years later; Pltf's claims against SLS are therefore time- barred; 1 st cause of action [fraud]: Pltf has not alleged with specificity knowingly false statements, by identified individuals with authority to speak for Nationstar or U.S. Bank that Pltf reasonably relied on to her detriment; 2 nd, 3 rd, 8 th causes of action [[...

Excerpt: ...nconscionability; The Agreement meets the requirements of Amendariz; Deft has agreed to pay the Arbitrator's fees and costs; The Court will sever the PAGA waiver provision, making the Arbitration Agreement not substantively unconscionable; Arbitration Agreement is valid and enforceable; Grant. ...

Excerpt: ... under the False Claims act does not change the analysis; Deny. ...

Excerpt: ... the patient to be provided within 10 days; To the extent the patient is the employer, Pltf shall provide the dates of employment, job title, and nature of work for that patient without disclosing any personally identifiable information; Interrog Number 210.6: The Complaint does not seek lost earnings or future earnings; Deny as to this interrog; Deny sanctions to either party. ...

Excerpt: ...f action against Moving Deft – among other requirements, the Complaint must allege a valid cause of action against each Doe Deft; Allegations in each and every cause of action are specifically made against Deft Moucharafieh; Thus, the statute of limitations has run on every claim in the Complaint; No amendment can reasonably cure the running of the statute; §474 allows the substitution of names after the statute of limitations expires, not the...

Excerpt: ...of the authority to grant cable television franchises from the Public Cable Television Authority resulted in the “termination” of the franchise within the meaning of the law or terms of the parties' JPA; It has not been shown that the Court has the authority to dissolve the JPA and PCTN and distribute its assets; Deny motion. ...

Excerpt: ...of gross revenue you made from Moneytips.com generated by a free credit reporting product offered on your website each month from June 2016 to the present; Code-compliant response to be provided within 10 days; #36: Interrog should be limited as follows: State the amount of net profit you made from Moneytips.com related to a free credit reporting product offered on your website for each month from June 2016, to the present; Code compliant respons...

Excerpt: ...ual or potential buyers or customers]; Defts have not met their initial burden of showing the emails are protected as prelitigation communications [circumstantial evidence supports a finding that Defts were not seriously considering litigation at the time the emails were sent]; Deny. ...

Excerpt: ...h cause of action [breach of contract]: Defts address only one of the alleged agreements and only the taking of Pltf's copyrighted ‘standard details'; Defts' argument and evidence do not dispose of the entire cause of action; Deny; 7 th cause of action [intentional interference with economic relations]: Pltf does not identify any specific relationship that was lost; The declaration is not enough to create a triable issue of fact that Pltf has l...

Excerpt: ... posted within 30 days – if not posted, case was to be dismissed; Pltf now argues for the first time that her ability to pay was not considered; This argument was not raised or supported, nor was a motion for reconsideration brought; Grant [note: Summary Judgment motion tentatively granted above.] Terminating Sanctions Once a party is ordered by the court to provide responses to discovery, continued failure to respond may result in the impositi...

Excerpt: ...-certified at least 14 days prior to any subsequent public hearing; The time may be lengthened but no authority to shorten; The Code does not expressly state that the Board can conditionally approve an application without the 14 day staking period requirement being met; Further, City officials cannot opine on the design review process since this is a question of law; Deny. ...

Excerpt: ...ion sanction was not the subject of the Motion; Objec to Referee Report re Quash Depo Subpoena of Community Bank Any financial privacy that SG may have in the Community Bank records is outweighed by the need and relevancy of the transactions to prove claims made in the Cross-Complaint and defenses to the Complaint; Parties have agreed to treat documents as Highly Confidential – Atty Eyes' Only; Adopt Referee's Report except that the Court decli...

Excerpt: ...Response is sufficient; Deny; #2, 4, 7: The substantive portions of the Responses are sufficient; Deny; #8-11: The substantive portions of the Responses are sufficient; Deny; Compel Production #1 - 9, 11: The requests are overbroad but Deft has not justified any of the objections or presented evidence to show that responsive documents are privileged or exceed the scope of the incident involved in this lawsuit; Grant – Responses to be provided w...

Excerpt: ...at this time; The Court will address at hearing on Motion to Strike or Tax Costs filed by Defts. ...

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Excerpt: ...e Cross-Complaint against these third-parties; Finally, the proposed Cross-Complaint does not state a valid claim for declaratory relief and any indemnity claim is preserved for a future litigation if liability is found against Defts; Deny motion. ...

Excerpt: ...al distress]: Cross-Complainant fails to allege facts showing Cross-Deft, Lily Zheng, engaged in extreme and outrageous conduct; Sustain with 10 days leave to amend Strike Portions of Cross-Complaint [by Jack Zheng and Lily Zheng] Motion to Strike is moot as to Lily Zheng [see above]; Deny Motion as to Jack Zheng; The Cross-Complaint alleges a cause of action for battery against Jack Zheng, which supports punitive damages based on malice; Jack Zh...

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Excerpt: ...of duty but only that there was some kind of duty – but such a determination would not adjudicate an entire issue of duty and is not permitted under CCP § 437(c)(f)(1); Deny Motion; Compel Answers to Form Interrogs and Compel Responses to Req for Admissions The Court cannot go behind Disk's assertions of reasonable investigation and cannot compel different answers to Requests for Admissions even if they are apparently false; Deny; The Court no...

Excerpt: ...d for purposes of demurrer; Overrule; 6 th cause of action [unfair competition B&P 17200]: Since the allegations of the other causes of action are sufficient, this one is too; Overrule; Defts' Answers to be filed and served within 10 days; Strike Portions of 2 nd Amended Complaint Damages cannot be recovered for an unfair competition claim [B&P 17200]; Strike the request for monetary damages in the Prayer for the 6 th cause of action without leav...

Excerpt: ...t award; Sustain without leave to amend. ...

Excerpt: ...ance out or minimize the intrusion; Further, the information may be available from other sources or through less intrusive means; Pltf has given no explanation as to why information about Ms. Wolff's salary or history of discipline or being accused of theft at work for the last 10 years is relevant; Pltf has shown no interest in, or need for, the information that can be balanced against Ms. Wolff's right to privacy; To the extent how Defts usuall...

Excerpt: ...d; Pltf to provide a Code-compliant response to this request; #8: Pltf did not justify her objections to this request; She did not provide a privilege log for any documents that may be protected; Pltf does not state she made a diligent search and reasonable inquiry; Pltf to provide a Code-compliant response to this request; #9: Pltf did not justify her objections to this request; She did not provide a privilege log for any documents that may be p...

Excerpt: ...iciary at the time of Michael's death; Tracey's arguments about her and Michael's intent to remain as the beneficiary cannot alter the express terms of the Plan as a matter of law; Deny motion and vacate trial date as to these Defts; Joinder in Summary Judgt/Adjudication [by Shaver] GAL for minor has a different burden on Summary Judgment than does Kagan; It is not clear what Mason seeks as relief; No evidence is submitted; Though Requests for Ju...

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Excerpt: ...ing punitive damages – The Judgment does not state that punitive damages were awarded; Deny motion. ...

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Excerpt: ...d the improper request for punitive damages under the 9 thcause of action: Grant with 10 days leave to amend; Re the request to strike the punitive damages in the 8 thcause of action: Deny as moot; Re the requests to strike factual allegations: Deny; Deft can raise statute of limitations as an affirmative defense. ...

Excerpt: ...adequately alleged; Without a contract, this cause of action fails; Sustain with 10 days leave to amend; 3 rd cause of action [B&P Code § 17200]: Pltf admits in his 1 st Amended Complaint that he defaulted on the loan; Pltf's home was subject to nonjudicial foreclosure because of his own default, which occurred before Deft's alleged wrongful acts; Sustain with 10 days leave to amend. ...

Excerpt: ...very of other incidents of hidden camera devices to California only; The Minute Orders do not reflect that and neither do the transcripts from the respective hearings; Prior discovery requests did not have any geographical or temporal limitations; These Special Interrogs limit the discovery to a five and a half year period within the United States; On 6/1/16, the Court said it was ruling out Europe – then the Court said in the 6/22/16 hearing t...

Excerpt: ...ally, Pltf alleges injury in California; Deft has failed to meet his burden to show that the exercise of jurisdiction is unreasonable; Deny; Strike Complaint [by Boctor] The grounds for the Motion to Strike do not appear on the face of the pleading under attack as required; Further, Moving Party cannot base his Motion to Strike the Complaint on extrinsic evidence; Deny; Vacate Default[by Alpha Omega] A corporation must be represented by an atty; ...

Excerpt: ...ntations to Pltf's clients to persuade them to move to Oropallo's firm; Defts established the notices sent were in accordance with the guidelines set forth in the State Bar's Formal Opinion; No samples of letters were provided on WCSC's letterhead to show misrepresentations; Finally, the stipulated language in the TRO limits Defts actions based on whether a client retained Defts before 5/16/2018; Deny without prejudice. ...

Excerpt: ...ut working conditions and asking for a raise, not to any outside governmental entity; Sustain with 10 days leave to amend; Remainder of claims are based on violations of §232 and §232.5; Sustain with 10 days leave to amend; A Tameny claim requires violation of a public policy, and none is alleged here; Sustain with 10 days leave to amend; Strike Pltf fails to state a claim for any of the 5 causes of action asserted; Punitive damages fails as a ...

Excerpt: ...rein Tabatabai would owe a duty of care to Pltf; Sustain with 10 days leave to amend; Strike Portions of Complaint Pltf's request for punitive damages, without leave of court, is improper; Pltf, however, is not prohibited from alleging facts that may support a request for punitive damages; Grant; Compel Answers to Form Interrogs No opp; Service proper; Requests were properly served; Responses not timely served; Pltf to serve responses without obj...

Excerpt: ...the claims that entitled him a jury trial; Tax $150; Service of Process Fees: Pltf's settlement offer was not properly apportioned; Tax $696. ...

Excerpt: ..., fraud, or oppression; Grant. ...

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Excerpt: ..., 12, 14, 16, 17, 18, 30, 32, 37, 39, 41 as they failed to meet the requirements of the Civil Discovery Act with regard to particularity; Additionally Pltf must provide further responses to Special Interrogs No. 15, 21, 22, 24, 29, 31, 33, 34, 35, 36, 38, 40, 43, 45-65 as these responses are incomplete, evasive and fail to comply with Civil Discovery Act; Sustain objections to Special Interrogs Nos 25-28; No further response is required to Nos. 3...

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Excerpt: ...ve to amend; 3 rd cause of action [CC §2923 et seq and ¶2924 et seq]: Ruiz Fernandez is not a borrower on the loan or Deed of Trust; Pltfs do not allege materiality of any purported violation or damages resulting from a violation; Allegations are contradicted by judicially noticeable documents; Sustain without leave to amend; 4 th cause of action [discrimination under CC §51.5]: This cause of action was added without leave of Court; Pltfs fail...

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Excerpt: ...uption'; CD has failed to allege any facts demonstrating ‘interference' – no interruption shown in its relationship with its third-party data provider; Sustain with 10 days leave to amend; 7 th cause of action [fraud]: CD has adequately alleged this cause of action; The allegations in the Complaint are sufficient to show circumstantial evidence of fraudulent intent; Overrule; 8 th cause of action [B&P 17200]: CD is seeking ‘non-restitutiona...

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Excerpt: ...breach of any term of the lease or frustrated Pltfs' ability to receive a benefit legitimately expected from the lease agreement;Sustain with 10 days leave to amend; 2 nd, 3 rd causes of action [intentional and negligent misrepresentation]: No promise is specifically alleged; Pltfs allege a ‘scheme' to make Pltfs pay for removal of underground storage containers but this ‘scheme' did not work; It is unclear what action Pltfs took in reliance ...

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Excerpt: ...Bonnie's history of attacking her roommate was material, and Deft's agents were under a duty to disclose it if they knew of it; Pltf has submitted evidence of acknowledgment by Preisman of a prior incident, and therefore there is enough alleged by Pltf to support a claim for fraud by concealment; Deny; ...

Excerpt: ... requirements to obtain a writ of attachment; Deny. ...

Excerpt: ... requirements to obtain a writ of attachment; Deny. ...

Excerpt: ...Bonnie's history of attacking her roommate was material, and Deft's agents were under a duty to disclose it if they knew of it; Pltf has submitted evidence of acknowledgment by Preisman of a prior incident, and therefore there is enough alleged by Pltf to support a claim for fraud by concealment; Deny; ...

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Excerpt: ...s, circumstances, or law than those before the Court at the time of the original ruling; There is no affidavit stating the elements listed in CCP §1008(a); An unspecified emergency does not constitute a legal basis for a motion for reconsideration; Finally, Pltf also fails to demonstrate grounds for relief under CCP §473(b) as she does not show “mistake, inadvertence, surprise or excusable neglect”; No details of the emergency are provided ...

Excerpt: ...ause of action [false imprisonment]: Khoury's case reported in the news is not on point; Sustain without leave to amend; 5 th cause of action [piercing corporate veil]: This is not a proper cause of action or a claim upon which substantive relief can be granted; Sustain without leave to amend; 6 th cause of action [fraud]: Mvng Pty fails to allege justifiable reliance by Khoury; Further, Khoury's allegations are contradicted by exhibits; Sustain ...

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Excerpt: ... on their MSJ/MSA – they are no more persuasive now; Strike/Tax Costs Continue to 3/14/18 to allow Judgment to be entered. ...

Excerpt: ... Partially Lift Discovery Stay Moot based on above. ...

Excerpt: ...-16: Parties also to meet and confer within 5 court days to agree on the procedure for the production of the proposed sample of 10 Workers' Comp claim files per Pltf. Sanctions: Deny as to both parties. ...

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Excerpt: ...ling; There is no affidavit stating the elements listed in CCP §1008(a); Pltf shows no grounds for reconsideration; Finally, Pltf also fails to demonstrate grounds for relief under CCP §473(b) as he does not show “mistake, inadvertence, surprise or excusable neglect”; Deny motion. ...

Excerpt: ...; Grant; #12.2: Initial response failed to assert the atty/client privilege so it is waived; Further, nothing in declaration of Pltf's counsel to establish the response to this Interrogatory requires atty work product; Grant; #12.3: Mvng Pty did not comply with CRC 3.1345 – this Interrogatory is not in Mvng Pty's separate statement; Deny; Compel Production #182: Request is limited to EEOC documents related to this employer and the claims in thi...

Excerpt: ...[sex discrimination]: There is no basis for liability under California law based on Pltf's allegations; Sustain; There does not appear to be a way to repair this Complaint; Sustain without leave to amend. ...

Excerpt: ...s within 15 days; Sanctions: Pltf shall pay to Defts $975 within 30 days as and for discovery sanctions. ...

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Excerpt: ...ook steps reasonably calculated to apprise Pltfs of the existence of the program at the time of warranty disputes; Deny. ...

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Excerpt: ...nds of uncertainty; Pltf failed to allege facts showing that Deft published a defamatory statement of fact; Sustain with 10 days leave to amend; Strike Portions of Complaint Grant as to Item 1 [page 1, line 25 to page 2, line 2]; Grant as to Item 2 [page 2, lines 2-5] specifically the word ‘similarly'; Deny balance of Item 2; Deny as to Item 3 [page 3, lines 25-26]; Moot as to Item 4 [page 16, line 1]; Deny as to Item 5 [page 16, lines 3-4]; Gr...

Excerpt: ...o amend; 5 th cause of action [CC§2923 et seq]: Ruiz is not a borrower; Pltfs do not allege materiality of any purported violation; Has Trustee's deed been recorded? If not, Pltfs may only obtain an injunction; Sustain with 10 days leave to amend; 6 th cause of action [quiet title]: Pltfs have not paid the debt so this remedy is not available; Sustain with 10 days leave to amend; Strike Portions of Complaint Moot based on above. ...

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Excerpt: ...; This showing supports the appointment of a receiver under CCP§564(b)(1); Grant motion as follows: -Deft to change title to the real property to show Pltf and Deft as joint tenants [if this has not already been done]; -Cooperate in the listing marketing and sale of the property; -Hold the sale proceeds in a blocked account pending resolution of the underlying disputes; Unless Deft vacates the property by Saturday, 1/27/18, the Court will appoin...

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Excerpt: ...nst the Ogorzalek Deft; Sustain with 10 daysleave to amend; Special Motion to Strike The Ogorzalek Defts have failed to make a threshold showing that the challenged causes of action arise from protected activity; The gravamen of Pltf's claims are breach of fiduciary duty and elder abuse, not protected activities; Deny. ...