Excerpt: ...rt agrees that the first and second causes of action are deficient. Plaintiff alleges the breach of a written contract without quoting the terms of the agreement verbatim or attaching a copy. And his second cause of action for fraud is alleged with insufficient specificity. Plaintiff may file an amended complaint within 20 days. The motion to strike is mooted by this ruling. ...

Excerpt: ... It alleges that defendant Robert James Medina contends that he is the owner of the mobile home based on a purported bill of sale that he obtained by defrauding Blick. (Complaint, ¶¶ 11 and 13.) It alleges that, in 6-16, plaintiff found out about the purported bill of sale to Medina and that he had registered his alleged ownership of the mobile home and paid the 2016 registration fee. (Complaint, ¶ 14.) The verified complaint seeks the followi...

Excerpt: ...the borrower's financial situation and explore options for the borrower to avoid foreclosure,” or 30 days after satisfying due diligence requirements to attempt to contact the borrower. Civil Code § 2923.5(a)(1)(A), (a)(2), (g). Civil Code § 2923.5(e) also requires at least one written communication: (e)(1) A mortgage servicer shall first attempt to contact a borrower by sending a first-class letter that includes the toll-free telephone numbe...

Excerpt: ...ault, who, for understandable reasons, could not address the case until recently. In light of the public policy in favor of hearing matters on their merits, the court errs on the side of granting the motion. ...

Excerpt: ..., the burden of proof is on the plaintiff to show that service was proper. Bolkiah v. Superior Court, 74 Cal. App. 4th 984, 991 (1999) (“once a defendant files a motion to quash the burden is on the plaintiff to prove by a preponderance of the evidence the validity of the service and the court's jurisdiction over the defendant.”) Here, Defendant has filed a declaration in which he attests that contrary to the Proof of Service filed by Plainti...

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Excerpt: ...ation as to why the new defendants have not been served and why they have not appeared in the case 5 months after they were named, the court will consider vacating the trial date. The court is hesitant to set a new trial date because the “new” defendants should have a say in when the trial will be. ...

Excerpt: ... employer, Christiansen Amusements. Thus, the first deposition notice compelling Mr. Hahn individually to testify designated a 12/12/18 deposition date. Mr. Hahn failed to appear on this date, and the court is inclined to order that he appear within 20 days at a date, time, and place that is mutually agreeable to the parties. However, given the context provided in the opposition, the court is not inclined to award any monetary sanctions against M...

Excerpt: ...stated therein, any contract can be modified. See Civ. Code §1698; see also Vella v. Hudgins, 151 Cal.App.3d 515, 519 (1984)(“It is axiomatic that the parties to an agreement may modify it.”). Plaintiff alleges that it sent an amendment to the agreement, and that defendant accepted that amendment. As to the Second and Third Causes of Action for quantum meruit and unjust enrichment, these are quasi-contractual theories that do not rely on the...

Excerpt: ...upporting all of the elements of promissory fraud have not been alleged. Counsel for plaintiffs is advised that there is no need to repeat the allegations in the challenged pleading in the opposition verbatim, let alone in single-space text. The first amended complaint is in the Court's filings and the Court has access to it when ruling on the demurrer. 2. Demurrer to Plaintiff Darcy Pascual's 1st Amended Complaint The Court is inclined to sustai...

Excerpt: ...refore the authority cited by Plaintiff do not apply. Lastly with regards to Plaintiff's request that “clarification from the Court regarding what disciplinary steps has to be taken to ensure that this type of conduct is not condoned. There must be consequences,” the Court is not authorized to give legal advice. Plaintiff should seek the advice of counsel if further steps are wanted. OSC re: Dismissal Case Management Conference ...

Excerpt: ...on was set for 12/11/18. The Irvine Company did not appear for the deposition and did not object to the deposition subpoena. The court is not persuaded by The Irvine Company's contention that the deposition subpoena for the deposition of its PMK was served in violation of California Rules of Professional Conduct, Rule 2-100(A). The unpublished Ninth Circuit opinion, SEC v. ACI Investors Protective Ass'n (9th Cir. Oct. 22, 1996, No. 95-56644) 1996...

Excerpt: ...ege log within 10 calendar days. Subject to those objections, Plaintiff states that he has produced the write-up, but Defendants insist that he has not produced the workup. It is difficult for Defendants to prove a negative, so the burden was on Plaintiff to provide the court with a copy of the allegedly responsive document, along with proof that it was previously produced. Without a copy of the document, the court is unable to confirm Plaintiff'...

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Excerpt: ... would be pretty cool. The court is inclined to GRANT Defendants' motion to compel. The court is inclined to order Plaintiff to serve responsive documents after service of notice of this ruling. Defendants make a prima facie showing that they propounded discovery on 12/26/17 and that on 1/30/18 Plaintiff agreed to produce documents responsive to RFP's 1-6 and 8-22, but has yet to produce any documents. Defendants argue that Plaintiff refused to p...

Excerpt: ...oc. §340.6. Plaintiff has not alleged any facts to show that his claims were tolled under Code of Civil Procedure §340.6(a)(1)-(4). Defendant's demurrer to the Second Cause of Action for Breach of Fiduciary Duty is OVERRULED. Plaintiff has sufficiently alleged that Defendant breached his fiduciary duty by failing to provide Plaintiff with the Proof of Service showing service on Linda Rogers. Rules of Professional Conduct, Rule 3-700(D)(1). Plai...

Excerpt: ...e individual defendant and corporation such that it would promote an injustice to recognize the corporate form. It is insufficient to merely allege that the individual defendant owns all of the corporate stock and manages the corporate affairs. See Leek v. Cooper, 194 Cal.App.4th 399, 415 (2011). Here, plaintiff alleges, in essence, that Mr. Wang owns and controls defendant AXP and uses it to carry on his business. (FAC, ¶3.) Given that this is ...

Excerpt: ...ce. So assuming service by mail, Defendant should have filed and served his moving papers by 6/8/18. But Defendant did not file his motion until 6/18/18 and did not attach any proof of service to his motion. In Opposition, Plaintiff argues that he was not served until 6/20/18 and asks the court to consult Defendant's proof of service. But the copy of the motion imaged in the court computer does not appear to include any proof of service. Regardle...

Excerpt: ... set forth clearly in the response. Dynamic moves to compel a further response pursuant to CCP 2033.290. Aramexx's response to the RFA is an unequivocal denial. There is really nothing left to compel. If Dynamic is successful, after trial, it can move for costs in having to prove the “denial.” Aramexx's denial of the genuineness of the document does not preclude Dynamic's discovery into how Aramexx will prove its liquidated damages, or whethe...

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Excerpt: ... file their proposed 2AXC, but must redraft their proposed amended pleading to squarely address the defects noted below. A 1st COA: Breach of Contract The court is inclined to OVERRULE the demurrer to the 1st COA. KCR now attaches as Ex. A a copy of the Merger Agreement and the Affidavit of Debt Disclosure. KCR alleges that Fiesler breached the agreement by failing to fully disclose all payroll, tax, and vendor liabilities, so that KCR was forced...

Excerpt: ...serves the right to make any such further provision, at the time of final judgment in the action, for assumption of such costs and attorney fees by one or more of the adverse claimants as may appear proper pursuant to CCP 386.6.(a). The court deems plaintiffs Lee's Sandwiches, International, Inc. and LQNN, Inc.'s Application for Writ of Possession moot in light of the Court's ruling on defendant David K. Tran's motion for an order of discharge of...

Excerpt: ... out for service (12/11/17), that the case was this close to settlement (2/26/18), and that counsel had not served defendant because they thought the case had been settled (3/26/18). At the March 26 th hearing, counsel wanted a continuance to “clear things up,” including setting aside a dismissal in another case. The court allowed plaintiff until May 7 th to get this case back on track. The court has had no indication that the case is moving ...

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