Excerpt: ...Overhead Doors (2002) 97 Cal. App. 4th 1193. With respect to duty, it must be alleged that a defendant owed a duty of care to towards the plaintiffs, i.e. the Fenneys themselves. Valdez v. J.D. Deffenbaugh Co. (1975) 51 Cal.App.3d 494; Friedman v. Merck & Co. (2003) 107 Cal. App. 4th 454, 463-464. Negligent infliction of emotion distress is simply as a tort of negligence. Burgess v. Superior Court (1992) 2 Cal.4th 1064, 1074; Huggins v. Longs Dru...

Excerpt: ...v. Yankosky, 63 Cal. 2d 849, 855 (1966). Defendant to respond to complaint within 15 days. Defendant to give notice. ...

Excerpt: ...intiff has previously been unable to serve Third Party Examination notices on Ms. Smith. The Court is thus concerned that Ms. Smith has not received proper notice of this motion in order to make a response, if any. Plaintiff to give notice. ...

Excerpt: ... the pleadings for the purposes of determining whether an agreement can be reached that would resolve the objections to be raised in the motion for judgment on the pleadings.” Subdivision (a) states that it applies to amended pleadings. Subdivision (a)(3) of section 439 states that the moving party must file and serve with the motion for judgment on the pleadings a declaration stating either: (a) the means by which the moving party met and conf...

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Excerpt: ...her, since the existence of an alter ego is an equitable issue, there is no right to a jury on that subject. ...

Excerpt: ...on 5/3/18, the deadline for filing the motion to tax costs was 15 calendar days later or 5/18/18, but Infor did not file its motion to tax costs until 5/22/18. However, in Reply, Infor notes correctly that Plaintiff's argument fails for two reasons. First, although Plaintiff filed his cost memorandum on 5/3/18, he did not serve it electronically until 5/4/18. And it is the date of service, not the date of filing, that triggers the commencement of...

Excerpt: ...ed to allow Plaintiff to refile its motion to strike or tax costs, on or before 7/23/18, with Defendant's Opposition due by 8/6/18 and the Reply due by 8/13/18. ...

Excerpt: ...arl Alford and Gloria Monsalve's: 8. Motion to Compel Further Responses to Form Interrogatories 9. Motion to Compel Further Responses to Special Interrogatories Motion No. 1: The court is inclined to grant the motion of plaintiff Lake Forest Keys to shorten the time period for defendant/cross-complainant/cross-defendant Josefina Lopez to make changes to, approve, or refuse to approve her deposition transcript. Plaintiff has shown good cause under...

Excerpt: ...omeone both sides can agree will evaluate protocols fairly? Is there any way to address the disruption costs? 2. Plaintiff's Motion to Compel Defendants to Appear for and Testify at Deposition on Dates Certain There were no motions for protective orders or to quash the notices. The notices ask the defendants to produce up to 188 people for depositions, or at least make 188 determinations as to who might be the most qualified. This is burdensome, ...

Excerpt: ...ved upon the client to become effective. Because the counsel for defendant has claimed a conflict of interest and because of the confusion regarding the order relieving counsel, the court is uncomfortable proceeding with a hearing on these motions. The court will consider a short continuance to allow counsel to complete his withdrawal and for the corporate defendant to obtain new counsel and respond to the discovery or respond to the motions. ...

Excerpt: ...easonable. 3. Motion for Judgment Not Withstanding the Verdict The court is inclined to deny this motion. 4. Motion for New Trial The court is inclined to deny this motion. The jury found that Mr. Khan had a reasonable belief that Mr. Wagenheim was due commissions and that Khan was fired for complaining about it. Failure to pay commissions upon dismissal or when due is a violation of law. The court, however, is concerned that the jury was never t...

Excerpt: ...r, the notices of depositions of Orozco, Peregrine, and Spillar were not properly served and are defective as argued in the motion papers and the court quashes those notices. Plaintiff is warned, however, that even if he properly notices the depositions, he would be limited in inquiry to the matters contained in the current operative complaint (even though it is subject to a demurrer) and that he would not be allowed any further depositions of th...

Excerpt: ...things supporting its response, Elite stated, “See documents produced in this action.” This response is wholly inadequate. Elite purported to object to Request for Admission No. 40, but also denied it, thus requiring it to respond to all subdivisions of Form Interrogatory 17.1. Elite's responses to Form Interrogatory 50.1(b)-(d) do not provide all information requested by the interrogatory. The court is inclined to award monetary sanctions of...

Excerpt: ...es in the sum of $68,949 and reasonable costs of $2,151. In making this award, the Court has taken into account the factual and legal complexities of the case, the skill of counsel, and the results achieved. ...

Excerpt: ...nally set this matter for trial on September 18, 2017, with the last request for continuance in March 2018 based, in part, upon ongoing settlement discussions. Since it hasn't settled after months of discussions, hopes of settlement in the future seem hollow and the parties are advised to go back to Plan A and go to trial as scheduled. ...

Excerpt: ...n to Compel Answers to Special Interrogatories as to Asvar Law PC 7. Motion to Compel Production as to Christopher A. Asvar 8. Motion to Compel Production as to Asvar Law PC 9. Motion to Compel Response to Requests for Admissions as to Christopher A. Asvar 10. Motion to Compel Response to Requests for Admissions as to Asvar Law PC The court is inclined to grant cross-complainant Victor M. Oswald's motion to compel cross- defendants Asvar Law, P.C...

Excerpt: ...Civ. Proc. §2025.420(b). Nishta establishes good cause that the depositions of these three people would result in undue burden and expense to them since they have no knowledge of the facts surrounding the underlying dispute framed by the operative First Amended Cross-Complaint. Indeed, cross- complainant Elite Marketing, LP's opposition reveals that the depositions are sought only to inquire into the legitimacy of Nishta's sale of the property t...

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Excerpt: ...he merits: The court overrules the demurrer to the first cause of action for breach of contract. The cross-complaint, as well as the complaint, puts all parties on notice of the substantive and controverted terms of the alleged contracts. The court sustains the demurrer to the second cause of action for breach of the covenant of good faith and fair dealing. Breach of implied covenant allegations may be ignored as superfluous where they do not go ...

Excerpt: ...erve responses to form interrogatories and requests for production, and imposing monetary sanctions. However, plaintiff gave insufficient notice of the motion, which was served by FedEx on 3- 29-18. This is only 16 Court days' notice, and notice of an additional 2 calendar days is required by Code Civ. Proc. § 1005(b). (“Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at leas...

Excerpt: ...se for the production of these documents. More importantly, the proof of service submitted by Defendant shows that nonparty GEICO Insurance Company was served with the moving papers via overnight mail and not by personal service as required by California Rules of Court, Rule 3.1346. The court is inclined to deny this motion. ...

Excerpt: ...f's counsel and defendant Sukeinah Kassir to conduct a meeting in the presence of a discovery referee (using one of the court's temporary judges) in order to meet and confer regarding the responses at issue in plaintiff's motions to compel further responses to the aforesaid discovery. Based on the correspondence submitted to the court, it does not appear that the parties have meaningfully discussed the substance of Ms. Kassir's responses, and suc...

Excerpt: ...he court is inclined to continue this hearing, and stay all other discovery in this matter, until the defendants are properly accounted for. On the merits, the court would be inclined to grant plaintiff's Motion to Compel Deposition of David Wetzel and Production of Documents. The deposition subpoena and this motion were personally served on the third party deponent. The third party deponent made no objections to the subpoena, failed to appear fo...

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Excerpt: ...iday, 2-16-18. This is not a reasonable meet and confer. There is no obligation to extend the deadline for filing motions to compel. Also, plaintiff's counsel has apparently provided defendant with financial information, but has not yet verified the supplemental answers. Defense counsel gave plaintiff's counsel six days to meet and confer before filing the discovery motions is no reasonable, considering that two of those days fell on Saturday and...

Excerpt: ...dant owed plaintiff a tort duty as no facts show a special relationship existed. (Walker v. County of Los Angeles (1987) 192 Cal.App.3d 1393, 1399.) And, the claim is barred by judicial immunity, which “bars civil actions against judges for acts performed in the exercise of their judicial functions and … applies to all judicial determinations, including those rendered in excess of the judge's jurisdiction, no matter how erroneous or even mali...

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. ...

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Excerpt: ...o be no later than 2-2-18, making service on 2-8-18 untimely. In addition, the efforts made by the moving law firm to confirm the current address of its client are not sufficient. When the client's address cannot be confirmed, the attorney must make “reasonable efforts” to confirm the address (or locate a more current address). (CRC 3.1362(d)(1)(B)) Simply mailing the motion to the last known address, return receipt requested, and calling the...

Excerpt: ...ldn't hurt if it were set out from the rest of the verbiage. The court would like to hear argument. ...

Excerpt: ...ortunity to order the deposition in a timely manner, the court declines to exclude the expert's testimony at trial. ...

Excerpt: ...is inclined to deny the motion as to punitive damages, as fraud has been alleged. 2. Plaintiff/Cross-Defendant's Demurrer to Cross-Complaint This pleading is mooted by the amended cross-complaint filed February 20, 2018. ...

Excerpt: ...ndant must state whether, in fact, any responsive information is being withheld on the basis of the privilege. Amended responses due in 20 days. The court awards $500 sanctions. ...

Excerpt: ...rties. If the party requesting that judicial notice be taken under Section 453 fails to provide the court with ‘“sufficient information,' the judge may decline to take judicial notice.” Commission Notes, Evid. Code, § 453. The court's electronic copy of the request for judicial does not indicate that the documents have been certified by the Recorder, or establish foundation by other means. ...

Excerpt: ...ummary judgment is not whether the evidence is “overwhelming;” it is whether there is any dispute in the evidence. The evidence identified by the moving party raises a question of fact that cannot be resolved without weighing the evidence. Also, Plaintiff failed to comply with CRC, Rule 3.1350(b). Since waiver and estoppel are not generally jury questions, the court is considering severing those defenses and trying them separately, before the...

Excerpt: ...c)(1). The court notes that both parties are seeking punitive damages for this dispute. ...

Excerpt: ...sted a dismissal. If the plaintiff is seeking a judgment as indicated in the notice, it cannot be through §998. Further, anything less than a categorical acceptance will not meet the requirements of §998. The court is presented with a factual dispute regarding acceptance of the offer, and is not authorized to adjudicate such a dispute. See Bias v. Wright, 103 Cal.App.4th 811, 822 (2002). However, there is evidence of an intent, if not the actua...

Excerpt: ... examination and testing; and (3) plaintiff and her counsel to pay to the moving parties $3,040 for the costs incurred by Plaintiff's refusal to submit to the 12-15-17 examination with Dr. Boone, to which Plaintiff had previously agreed. ...

Excerpt: ...e can, at any time, change the rules for unvesting or altering pension rights?  Why am I looking at Superior Court rulings? Are those judges smarter?  Why do I need to take judicial notice of legislative history? Is the statute vague? Also, remember, I too have Westlaw.  Isn't there a rule about the length of briefs? I note the petitioner's brief is 27 pages long. ...

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Excerpt: ...ndant has identified two groups of documents to which the subject requests pertain: (1) documents relevant to pricing and payment arrangements between Miracle Mile and plaintiff in the past, and (2) documents reflecting plaintiff's cost for durable medical equipment issued to the various defendants. It appears that the documents sought would be directly relevant to defendants' unclean hands and unjust enrichment defenses, as well as to the reason...

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