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...

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: ...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: ...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: ...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: ... 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: ...-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. ...

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

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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: ...; 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: ...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. ...