Excerpt: ......

Excerpt: ...ode section 3294. RP to give notice. ...

Excerpt: ...n-suit. Also Plaintiff requests the dismissal of Plaintiff's past 36 years history to include but not limited to Plaintiff being incarcerated.” Plaintiff cites no legal authority for his Motion. As stated in the Opposition, even assuming arguendo that the Motion is made pursuant to Code of Civil Procedure sections 436, 437, 437c, 438, and/or 581, Plaintiff has failed to comply with the statutory requirements of these code sections or they do no...

Excerpt: ... th 92, 98.) With respect to the privacy objection, the court finds Plaintiff has waived his right to privacy. Even assuming there is a valid privacy right, the court finds Defendant's need for the information sought outweighs Plaintiff's right to privacy. The court orders a further response without objections within 30-days. Prevailing Party is to give notice. ...

Excerpt: ...xtent Plaintiff asserts that she never signed the arbitration agreement, she may provide competent admissible evidence in the form of declarations or documentary evidence in support of this assertion. The court declines to award monetary sanctions at this time. Plaintiff Nicole Naghash's Motion to Compel the Deposition of Michael Martines is DENIED, without prejudice. The ruling is the same as that set forth above on Plaintiff's Motion to Compel ...

Excerpt: ...ndant inadvertently failed to attach the signature page to the Declaration filed with the Court.] 2. Overruled 3. Overruled Motion for Summary Adjudication/Judgment: Defendant moves for summary adjudication of the first, second and third causes of action on the ground that Plaintiff cannot establish she was a qualified individual that could perform the essential functions of the position with accommodation. Plaintiff, in opposition submits eviden...

Excerpt: .../or (h). (See also Mendoza v. Regents of the University of California (1978) 78 Cal.App.3d 168, 176, FN3.) (George v. California Unemployment Ins. Appeals Bd. (2009) 179 Cal. App. 4th 1475, 1482.) Defendant contends Plaintiff's claims in this action are barred by res judicata because his claims in the administrative hearing arise out of the same issue – his termination – and the factual allegations are the substantially the same. Defendant se...

Excerpt: ...ave prevailed on its motion to strike is an essential prerequisite to an award of attorney fees and costs pursuant to section 425.16, subdivision (c)(1).” (Tourgeman v. Nelson & Kennard (2014) 222 Cal.App.4 th 1447, 1457.) The Court finds that the 2 nd COA (breach of fiduciary duty) does arise from protected activity. Here, the 2 ndCOA for breach of fiduciary duty arises out of litigation-related conduct because it is based on Moving Defendant'...

Excerpt: ...fendant contends that the Family Law Court resolved the ownership dispute of the subject real property (i.e., determined that Plaintiff has no ownership interest in the same), and therefore seeks to dissolve the stay order. Defendant Bryant provides evidence showing that the Family Law Court issued a Notice of Entry of Order on 1-2-18 finding that Plaintiff has no ownership interest in the subject real property (9 Beachcrest, Newport Coast, CA 92...

Excerpt: ... expert witness designation after he substituted in as Defendant's counsel of record; (3) information was served on all other parties; (4) Ms. Pearson will be available for deposition; (5) since the trial date has now been vacated, it appears Plaintiff will not be prejudiced; and (6) Defendant attempted to resolve the issues before seeking relief. Defendant to give notice. ...

Excerpt: ...must be brought “within 90 days after the legislative body's decision.” Similarly any action which seeks to “attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend a zoning ordinance” or which seeks to “determine the reasonableness, legality, or validity of any decision to adopt or amend any regulation attached to a specific plan,” must be filed within 90-days. (See Govt. Code, §65009(c)(1)(B)....

Excerpt: ...rt Case No. 30-2012-00563435, on the ground that it is not relevant for the purposes of the demurrer. (1) Demurrer: Demurrer based on Uncertainty: The Cross-Complaint herein is not so uncertain that Cross-Defendant cannot reasonably respond. Uncertainties, if any, can be resolved through discovery. Thus, the demurrer based on uncertainty is overruled. First COA (Professional Malpractice): The Cross-Complaint adequately alleges facts to support a ...

Excerpt: ... is directed. (Code Civ. Proc., § 437c (f)(1).) Thus, it appears that summary adjudication of Issues 1-3 is not proper. Further, summary adjudication of Issue 4 is essentially a motion for summary judgment. Moreover, Defendant's separate statement does not tie each “undisputed material fact” to the particular claim, defense or issue sought to be adjudicated: “[T]he specific cause of action, affirmative defense, claims for damages, or issue...

Excerpt: ...wording of this Judgment, Defendant Patrick Grabowski seeks an order transferring ownership of the Edna Property to him. This request is DENIED as: (1) The request is contrary to the instruction in the Judgment and ignores the order to pay Rutan & Tucker from the proceeds of the Edna Sale; and (2) Defendant failed to offer any evidence which demonstrates the value of the property is less than the amount currently owed to Defendant. Thus, even ass...

Excerpt: ...ged their agreement to be bound by those terms (including the Civil Code section 1542 waiver). Thus, the elements pursuant to Code of Civil Procedure section 664.6 have been met. Moving parties are to give notice. ...

Excerpt: ...he hotel lobby to the restaurant courtyard. The Complaint does allege there are issues with the above in paragraphs 13, 14, and 16. The inspection is to occur within the next 30-calendar days. The Motion, however, is DENIED as to the fitness center, all public restrooms, guest laundry facilities, second pool and vending machines. These areas are not at issue as alleged by the Complaint. The Court DENIES all requests for sanctions. Moving Party is...

Excerpt: ... 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 that 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 ap...

Excerpt: ...h existing and prospective relationship are not solely based on Defendant's misappropriation of trade secrets, but also based on allegations that they diverted the physician referrals to Advanced Investment Group while Defendants Truong and Quach were working for Plaintiff. (See FAC, ¶¶ 42-43.) By its terms, the CUTSA has no effect on civil remedies not based on trade secret misappropriation. (Civ. Code, § 3426.7(b)(2); Silvaco Data Systems v....

Excerpt: ...would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading. (3) The demurring party shall file and serve with the demurrer a declaration stating either of the following: Here, MP failed to file a Declaration “with the demurrer” establishing...

Excerpt: ...ge Discrimination facts are pled at¶¶30-61 of the Fourth Amended Complaint. According to the Fourth Amended Complaint, the only allegation regarding age is when Ms. Blackwood allegedly said, "it's probably past bedtime" when referring to whether Plaintiff might attend an evening event. (4AC¶36.) This does not provide the necessary factual connection between the plaintiff's termination and his age. Plaintiff continues to allege that “...as th...

Excerpt: ...ant's failure to timely respond was a result of mistake, inadvertence or excusable neglect. (See Gruel Decl., ¶¶ 4-9, and 11.) SLAPFISH is to serve a privilege log identifying within the next 30-calendar days identifying any withheld documents based on the attorney-client and/or work product privilege and the tax payer's privilege as required by Code of Civil Procedure section 2031.240(c)(1). Moving Party is to give notice. (2) Plaintiff Abdelm...

Excerpt: ...s entitled to notice of the inspection of the same. Plaintiff should properly serve all parties, including the entity in possession of the subject real property, with a Demand for Inspection of Real Property to inspect the same. The court notes that the new evidence submitted with the reply papers will not be considered. (Jay v. Mahaffey (2013) 218 Cal.App.4 th 1522, 1537-38.) Most of the inspection and discovery issues can and should be resolved...

Excerpt: ...on.) This appears to be a result of Plaintiffs' assertion Defendant failed to serve verifications to the discovery and“[u]nsworn responses are tantamount to no responses at all.” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) Significantly, however, "there is no need to verify that portion of the response containing the objections." (See Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 657.) Taking the...

Excerpt: ......

Excerpt: ...AMS where the underlying controversy must be arbitrated.” (Motion pg. 7:5-8.) Plaintiffs' “Introduction” to its Opposition states, “because (i) this motion involves, inter alia, the question of whether Defendants waived any right to arbitrate by suing plaintiff Michael Baker in Tennessee without mentioning arbitration, and (ii) that very issue is already pending in Defendants' fully-briefed motion to compel arbitration before the Tennesse...

Excerpt: ...ate under Code of Civil Procedure section 415.20. Accordingly, Mr. Abdo's suggestion that he is not linked to that address lacks credibility. RP to give notice. It appears Mr. Abdo must explain why, if the address the entity in which he was an officer was listed as 2213 Ringwood Ave, he claims he has no connection with that address. Because the Court cannot consider evidence with any reply documents, the Court will DENY WITHOUT PREJUDICE. ...

Excerpt: ...In addition, this motion is not timely pursuant to CRC 3.110(b) because it was filed after 60 days of the filing of the Complaint. The court schedules a Case Management Conference for 5-15-18, Dept. C11, at 8:45 am. Prevailing Party is to give notice. (2) Plaintiff's Motion for Leave to File a Second Amended Complaint is GRANTED. There does not appear to be any undue prejudice to Defendants in granting Plaintiff leave to file a Second Amended Com...

Excerpt: ...capacity of the person who is signing the Verification on behalf of the responding party and fails to state where the Verification was executed and on what date. (See Exh. C to Saghera Decl.) An unverified response is the equivalent of no response at all. (Appleton v. Superior Court (Cook)(1988) 206 Cal.App.3d 632, 636.) To the extent Cross-Defendant PRELUDE has not already produced responsive documents, the Court ORDERS Cross-Defendant PRELUDE t...

Excerpt: ... Cal. 1977) 441 F.Supp.792, 796.) Here, there has been no showing of prejudice to Californian creditors and, thus, Defendants' first basis for Demurrer fails. Additionally, pursuant to the Order appointing Plaintiff as Receiver: “Receiver, as an officer of this Court, shall immediately have and take possession and custody and control of all ‘Collateral' securing the obligations of Proove to Leavitt under the Note and Security Agreement, as bo...

Excerpt: ...m in her bankruptcy petition, and therefore the claims are part of the debtor's bankruptcy estate and have not been discharged. (11 U.S.C. §541(a)(1); Hamilton v. Greenwich Investors XXVI, LLC (2011) 195 Cal.App.4 th 1602, 1609.) Second, the express terms of the written Deed of Trust submitted by Defendant in support of the Demurrer reflects different terms than those expressed in the FAC. The court treats the facts asserted in the FAC as mere s...

Excerpt: ...t for Production “shall set forth specific facts showing good cause justifying the discovery sought by the demand.” "Good cause” for production of documents may be established where it is shown the request is made in good faith and the documents sought are relevant to the subject matter and material to the issues in the litigation. (Associated Brewers Distributing Co. v. Superior Court (1967) 65 Cal.2d 583, 588.) Request No. 21 seeks: “Al...

Excerpt: ......

Excerpt: ...ffs have not demonstrated any tangible prejudice from the granting of this motion. The Court VACATES the default entered against Moving Party on 11-17-17. Moving Party is to separately file the Motion to Quash, attached as Exhibit 4 to the declaration of Mr. McAndrew, within the next 5-calendar days. The Court SUSTAINS Plaintiffs' objection to Exhibit 1 only. Moving Party is to give notice. ...

Excerpt: ... t a l l . (Appleton v. Superior Court (Cook) (1988) 206 Cal.App.3d 632, 636.) The Court ORDERS Cross-Defendant PRELUDE to produce documents responsive to Request Nos. 7, 1, 13, 17, 23 and 25 in compliance with its Response within the next 21-calendar days. The Court ORDERS Cross-Defendant PRELUDE to provide further responses to Request Nos. 8-10, 12, 14-16, 20-22, and 24 within the next 21-calendar days. The Court OVERRULES the objection that th...

Excerpt: ...sel represents there is a breach of an agreement or obligation to pay attorney as to expenses or fees, and that the client has engaged in a conduct such that it is unreasonably difficult for counsel to carry out employment effectively. The motion is unopposed. It also appears that the client will not be prejudiced if the motion is granted since the trial date is not until June 5, 2018. The order will take effect on filing of proof of service upon...

Excerpt: ...duty, breach of duty, causation, and damages apply…Whether a defendant owes a duty of care is a question of law. Its existence depends upon the foreseeability of the risk and a weighing of policy considerations for and against imposition of liability. [Citation.]” (Burgess v. Superior Court (1992) 2 Cal.4 th1064, 1072.) Proof of negligence requires a showing of duty, breach of duty and causation of injury. (McIntyre v. The Colonies-Pacific, L...

Excerpt: ...tion. (DSS ¶¶ 1-8.) Plaintiffs did not oppose the motion. Thus, the motion for summary judgment is granted. Defendant to give notice. (1) Defendant State of California's motion for summary judgment, or in the alternative, for summary adjudication, is CONTINUED to 5-15-18, Dept. C11, at 2 pm. Counsel for Plaintiffs, attests that: (1) immediately upon being served with this motion, Plaintiffs set a number of depositions in this matter, among them...

Excerpt: ...r Defendants attempted to meet and confer in good faith seeking an extension of time to respond to the subject discovery before filing the instant motion. Specifically, it appears counsel attempted to come to an agreement as to the extension in time and Defendant's deposition, but counsel for Plaintiffs did not respond within the proposed time, and Defendants had to file the motion by 12-11- 17 [or risk waiving their objections to the discovery]....

Excerpt: ...tained without substitution of a personal representative after a party has died.” Sacks v. FSR Brokerage, Inc. (1992) 7 Cal. App. 4th 950, 957. Since a ruling on attorney's fees will be part of a judgment, the court is hesitant to move forward with the hearing as presently constituted. ...

Excerpt: ...tions of the Complaint into this cause of action (via Para. 11) and it alleges that Defendant GUINEY breached the implied covenant in the written agreements which include, inter alia, “trying to oust and squeeze PLAINTIFF out of his investments in GnG and the WEE CHIPPY GLOBAL” and thwarting the building of the Costa Mesa franchise location. (See Complaint, Para. 13.) The WEE CHIPPY GLOBAL Operating Agreement states that the “purpose” of ...

Excerpt: ...of the recorded documents and their legal consequence. (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal. App. 4th 256, 264.) The court may not take judicial notice of the truth of matters stated in the recorded documents. (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal. App. 4th 1106, 1117-18.) Further, these documents are not reasonably subject to dispute and are capable of immediate and accurate determination by resor...

Excerpt: ...ence that Defendant Allan recklessly hit his shot without making sure the course ahead was clear of other golfers (Opposition, Pace Decl., ¶¶ 2-10, Exh. A; Morgan Decl., ¶¶ 2-10; Graff Decl. ¶¶ 2-10; Blower Decl., ¶¶ 2-10; Gimino Decl., ¶¶ 2-7); Defendant Allan's group had hit up on Plaintiff's group two times prior to the incident, causing Plaintiff's group to complain to the Marshall (Opposition, Pace Decl., ¶¶ 3- 4; Morgan Decl., �...

Excerpt: ...in another round of mediation ; or 4) To the extent the depositions go forward in Mexico, Order trial testimony to be obtained the next day. Here, it would seem from the outset that Code of Civil Procedure section 2025.260 is somewhat inapplicable because it is for “a party desiring to take the deposition of a natural person who is a party to the action…” Defendants did not attempt to set the depositions of Plaintiffs here. Rather, doing al...

Excerpt: ...It appears the “bad acts” of defendants includes (a) allowing unlicensed salespersons to demonstrate devices and (b) a design defect in the device. As to (a), there really are no facts that by allowing unlicensed salespersons to demonstrate the devices, said conduct was malicious, oppressive, or fraudulent (or a conscious disregard of the safety of Plaintiff). If Plaintiff pled more facts that Defendant knew the lack of training would cause t...

Excerpt: ..., many of the Park's Rules, each of which constitutes a breach of the Agreement. MP's first argument is that Cross-Complainants fail to allege the specific terms that existed and were breached. However, the actual Lease Agreement is attached to the XC as Exhibit A. One of the terms is that “Homeowner agrees to abide and conform with all applicable laws and ordinances, all terms and conditions of this Agreement, the Rules and Regulations, all ru...

Excerpt: ...indicate what, if any, information is currently in Defendant's possession. (See Code Civ. Proc., §2030.300(a)(1).) Additionally, Defendant failed to support any of the objections asserted within the responses and it is unclear whether information has been withheld, on the basis of these objections. Notably, “if a timely motion to compel has been filed, the burden is on responding party to justify any objection.” (See Fairmont Ins. Co. v. Sup...

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: ....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: ...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: ...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: ...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: ...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: ...¶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: ...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: ...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: ...r: The Complaint alleges that harm claimed by Plaintiff concerning the purchase of stocks occurred between February 2013 and November 2014. (Complaint, ¶¶ 17, 25.) Plaintiff commenced this action on May 28, 2015. Defendant Flower was named as Doe 5 on August 15, 2017. Thus, unless the relation back effect is given to the amendment naming Defendant Flower as Doe 5, it appears Plaintiff's claims, other than for breach of fiduciary duty and fraud,...

Excerpt: ... to Compel Responses to RFAs (11) Motion to Compel Responses to RFAs (12) Motion to Compel Responses to RFAs Tentative Ruling: (1-12) Plaintiff Balboa Capital Corporation's twelve discovery motions are DEEMED MOOT. Defendants represent, and Plaintiff concedes, that further responses were served after the motions were filed. Reasonable monetary sanctions of $3,880.00 are imposed against Defendants, payable within 30 days. The court “shall” imp...

Excerpt: ...the Court rules as follows: SUSTAIN objection to ¶¶ 17, 20, 20.a, 20.b, 20.c, 20.d, 21, 25, 26, 27, 28, and 37; OVERRULE as to the remaining objections. (1) The balancing of harm lies in Defendant's favor. Code of Civil Procedure section 526(a) provides in pertinent part: “(a) An injunction may be granted in the following cases: … (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the li...

Excerpt: ...tion 405.32, the burden of proof is on the party opposing the motion to show, by a preponderance of the evidence, that Complainant's claims have probable validity. (Code Civ. Proc., §405.30; See Also Howard S. Wright Construction Co. v. Superior Court (2003) 106 Cal.App.4 th 314, 319.) To meet his burden under these provisions, Plaintiff relies on two pieces of evidence: First, Plaintiff cites Exhibit B to the verified First Amended Complaint, w...

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...