Excerpt: ......

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...

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. ...

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

Excerpt: ......

Excerpt: ...July 2017. ...

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: ...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: ...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: ...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. ...

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

Excerpt: ......

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...

Excerpt: ......