Excerpt: ....App.4 th 1388, 1402). “Declaratory relief operates prospectively to declare future rights, rather than to redress past wrongs.” (See County of San Diego v. State (2008) 164 Cal.App.4 th 580, 607). “A declaratory judgment ‘serves to set controversies at rest before they lead to repudiation of obligations, invasion of rights or commission of wrongs; in short, the remedy is to be used in the interest of preventive justice, to declare rights...

Excerpt: ...tle Report (Exhibit 1) is DENIED. Plaintiff's request for judicial notice of copies of recorded title documents (Exhibits 2 and 3) is GRANTED pursuant to Evidence Code section 452(h). To the extent that Plaintiff has filed an unlimited civil lawsuit seeking partition of real property, it appears Plaintiff lacks standing to bring a partition action pursuant to Code of Civil Procedure section 872.210, subdivision (b). Plaintiff contends in the oppo...

Excerpt: ...ugh the Opposition states Defendant is in full compliance with the 8-22-17 Minute Order such that this Motion is moot and or should be denied, it does not address counsel's failure to appear at the CMC. Plaintiff also presented evidence in the Reply that Defendant is not in full compliance with the 8-22-17 Minute Order as represented because the Responses included objections and Defendant was ordered to respond without any objections. Defendant a...

Excerpt: ...smiss an action pursuant to Code of Civil Procedure section 581 exists even after a section 425.16 motion is filed by the defendant and a hearing is held but prior to the court ruling on the motion. (Kyle v. Carmon (1999) 71 Cal. App. 4th 901, 908–09.) Although the Court lacks jurisdiction to rule on the merits of the Motion, the “the trial court has discretion to determine whether the defendant is the prevailing party for purposes of attorne...

Excerpt: ...“Sanchez”) was insured by Alliance United Insurance Company (“Alliance”), and Alliance brought a subrogation action in limited jurisdiction against Plaintiff for property damages to Defendant Sanchez's vehicle. (Motion, Theam Decl., ¶ 3.) The instant action is deemed the lead case because it is an unlimited case, while the suit filed by Alliance is a limited case. It appears consolidation of the two cases will enhance trial court efficie...

Excerpt: ...11, 2017, he substituted in as new counsel for OB Sports and discovered the Release executed by Plaintiff, and that he believes Plaintiff's claims, or parts thereof, are barred by the Release, which Plaintiff executed on September 24, 2014. (Motin, Scott Decl, ¶¶ 3-4.) The proposed Amended Answer is attached as Exhibit “A” to Mr. Scott's Declaration. OB Sports has substantially complied with the requirements of CRC 3.1324. The motion is uno...

Excerpt: ...ar in the action. The defendant is “out of court.” It has no right to participate in the proceedings until either (a) its default is set aside (in which event, it may respond to the complaint), or (b) a default judgment is entered (in which event, it may appeal). (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385-386.) ...

Excerpt: ...ve submitted no argument on the issue in their briefs on appeal. Accordingly, we deem plaintiffs to have abandoned the issue.”].) The Motion to Strike is MOOT in light of the demurrer. Moving party is to give notice. ...

Excerpt: ...n conjunction: These paragraphs can be interpreted as indicating, both, an Agreement between Ms. Gulsvig and Distext in May of 2016 and a separate conversation in May or June of 2016, involving either Ms. Gulsvig or Mr. Nichols. The Court must assume the truth of these allegations and read the Complaint in whole. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 317). As a result, the Demurrer is OVERRULED. ...

Excerpt: ...¶12 of Ruiz Declaration and Exhibit “I” thereto.) Additionally, the Court finds the joinder of Mary Block to the Cross-Complaint is appropriate, pursuant to Code of Civil Procedure sections 428.20 and 378(a)(1). MP to give notice. ...

Excerpt: ...e DENIED. Initially, the Applications brought against Defendants Rainguard Pro, Inc. and Weatherman Products, Inc. are DENIED as Plaintiff submitted no evidence demonstrating a contractual relationship with these entities. Pursuant to Code of Civil Procedure section 483.010(a) “an attachment may be issued only in an action on a claim or claims for money…based upon a contract, express or implied….” Here, the Contract which forms the basis ...

Excerpt: ...he Demurrer has merit. (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 [“Plaintiffs did not oppose the County's demurrer to this portion of their seventh cause of action and have submitted no argument on the issue in their briefs on appeal. Accordingly, we deem plaintiffs to have abandoned the issue.”].) CMC is continued to 4-2-18, Dept. C11, at 8:45 am. Moving Party is to give notice. ...

Excerpt: ...urther responses were served on 8-18-17. Defendants denied RFA Nos. 7-10, stated that they will produce all responsive documents to RFPD Nos. 5-24, and provided amended responses to Form Irogs. Further, former counsel for Defendants attests that documents were produced on or about 10-6-17, and he tendered the sanctions check on behalf of Defendants, but that counsel for Plaintiff refused to accept the check. (Bitzer Decl., ¶¶ 13-14.) While it a...

Excerpt: ...4-18 Fourth Amended Complaint was filed. Because there is but one complaint in a civil action (Ford v. Superior Court (1973) 34 Cal.App.3d 338, 343), the filing of an amended complaint moots a motion directed to a prior complaint. (See Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1054 [filing of first amended complaint rendered moot demurrer to original complaint].) Thus, once an amendedcomplaint is fi...

Excerpt: ...endant Laguna Crest Enterprises, Inc seeking responses to 1 st Set of Special Irogs from Cross-Defendant Tresor Investments, LLC, there does not appear to be any opposition. The Declaration of Josef M. Cowan (Attorney for Cross-Complainants Kenneth John Fischbeck and Laguna Crest Enterprises, Inc) states that he served the special irogs on Tresor Investments on 5-9-17 and has not received any responses. As MP is entitled to discovery herein, and ...

Excerpt: ...to dismiss the entire action and for entry of judgment after expiration of the time to amend following the sustaining of a demurrer may be made by ex parte application to the court under Code of Civil Procedure section 581(f)(2).” Code of Civil Procedure section 581(f)(2) states: (f) The court may dismiss the complaint as to that defendant when: … (2) Except where Section 597 applies, after a demurrer to the complaint is sustained with leave ...

Excerpt: ...Defendant did not set a hearing date and thus, a date for the response could not be calculated. Even if the content and the notice of the motion was adequate, the motion is untimely and not supported by any admissible evidence. Defendants to give notice. ...

Excerpt: ...ests for mandatory injunctive relief that Plaintiff is simply not entitled to. With respect to request to prohibit Defendant from using corporate funds to pay its attorney fees, the harm lies in Defendant's favor. Essentially, Defendant Corporation may only appear by way of counsel (i.e., it cannot appear in pro per), and as a separate legal entity, it should be able to hire and pay for an attorney to defend itself from Plaintiff's lawsuit. At mi...

Excerpt: ...iable issue of material fact. Plaintiffs having not filed any opposition hereto, fails to sustain their burden and the motion is granted. MP to give notice. MP has sustained its burden of establishing it had no ownership or possessory interest in the vehicles involved in the accident. As such, it could not give permission to Defendant Stine to use the vehicle and thus, there was no duty owed by MP. Plaintiffs fail to sustain their burden to creat...

Excerpt: ...Wholesalers of California dba Seemo Cars at the same location as the Notice of Default was served. As with any proceeding, the court cannot proceed unless the complaint, moving papers, and all the supporting documents are timely served (Code Civ. Proc., § 1005). Any TRO already issued will be dissolved if the hearing is thwarted due to lack of service. (Code Civ. Proc., § 527(d)(3).) Accordingly, Writ of Attachment and Writ of Possession is tak...

Excerpt: ...otion, by setting a date and time for hearing pursuant to Code of Civil Procedure section 1212. The Motion is DENIED. “[T]he filing of a sufficient affidavit is a jurisdictional prerequisite to a contempt proceeding.” (Koehler v. Superior Court (2010) 181 Cal.App.4th 1153, 1169 (“Koehler”).) In indirect contempt proceedings based on a disobedience of a prior court order, a valid judgment must establish the following: (1) facts establishin...