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

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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...

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

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