Excerpt: ...ercise power over that party. See Hensa v. Denckla (1958) 357 U.S. 235, 251. Personal jurisdiction may be general or specific. A nonresident defendant may be subject to specific jurisdiction if: (1) the defendant has purposefully availed himself or herself of forum benefits, and (2) the controversy is related to or arises out of the defendant's contacts with the forum. See Vons Companies Inc., supra, 14 Cal. 4 th 434 at 446, citing Burger King Co...

Excerpt: ...her litigants and attorneys. Petrosyan v Prince Corp. (2013) 223 CA4th 587, 594, 167 CR3d 141 (self-represented litigants are entitled to same treatment as represented parties); See CRC 1.6(15), which defines “parties” as including both self-represented persons and persons represented by an attorney of record without making any distinction between them). In addition, Plaintiff is admonished to comply with CCP § 1005 with regard to service. P...

Excerpt: ...n 30 days. Code Civ. Proc., § 2031.010(a) provides that “[a]ny party may obtain discovery … by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action.” Subsection (c) specifically states that “A party may demand that any other party produce and permit the party making the demand, or someone ...

Excerpt: ...t conduct and the resulting injury; and (4) actual loss or damage resulting from the professional negligence. Galvez v. Frields, 88 Cal. App. 4 th 1410, 1420 (2001). In a medical malpractice action, the evidence must be sufficient to allow the jury to infer that in the absence of the defendant's negligence, there was a reasonable medical probability the plaintiff would have obtained a better result. Alef v. Alta Bates Hospital, 5 Cal.App.4th 208,...

Excerpt: ...dence that (1) there is a valid guaranty, (2) the borrower has defaulted, and (3) the guarantor failed to perform under the guaranty.” Gray1 CPB, LLC v. Kolokotronis (2011) 202 Cal.App.4th 480, 486. Plaintiff has met its initial burden of showing (1) a valid guaranty between Plaintiff and defendant Scott Krelle, (2) the default of the borrower, defendant Advantage Mortgage, and (3) that Krelle has failed to perform under the guaranty despite Pl...

Excerpt: ... San Diego (2010) 184 Cal.App.4th 1422, 1428. Defendant opposes leave on the ground that amendment would be futile because this was a “garden- variety fender bender” and his conduct was not “despicable.” Not surprisingly, Plaintiffs characterize the collision and Defendant's conduct differently. Under the well-settled policy favoring amendment, Plaintiffs shall be given an opportunity to file an amended complaint. Plaintiffs are ordered t...

Excerpt: ...rs were never provided to Plaintiff in Spanish, even though the terms of the purchases were negotiated primarily in Spanish. Plaintiff seeks to add allegations that, because the Debt Cancellation Agreements are part of the Retail Installment Sales Contracts (“RISC”) for both the Honda and the Nissan, Defendant was required to provide a Spanish translation off the Debt Cancellation Agreements – and that it failed to do so. Plaintiff argues h...

Excerpt: ... amount here is $87,970.10 and that no multiplier is necessary or appropriate. In arriving at these determinations, the Court has considered the facts and information before it on this motion, evaluated and considered the history of the litigation, and factored in the following: This litigation was not particularly complex and did not involve novel, difficult or complex issues. Nothing about this case suggests it required extraordinary skill – ...

Excerpt: ...ith 15 days leave to amend. The motion to strike is therefore moot. Defendant's request for judicial notice of the documents labeled A through M is granted pursuant Evidence Code §§ 452(c), (d), and (h). 1st cause of action for violation of the HBOR Civil Code Section 2923.6, part of the Homeowners Bill of Rights (HBOR), helps restrict a practice commonly known as “dual tracking,” whereby financial institutions pursue foreclosure while eval...

Excerpt: ...dence that the defendant has been guilty of oppression, fraud, or malice. “Malice” means conduct that is intended to cause injury or despicable conduct that is carried on with a willful and conscious disregard of the right and safety of others. Civ. Code § 3294(c)(1). In Taylor v. Superior Court (1979) 24 Cal.3d 890, plaintiff sued to recover compensatory and punitive damages for injuries sustained in an automobile collision with a car drive...

Excerpt: ...on 11/24/15. It sought a judicial declaration “as to whether Plaintiff or Defendant have acquired an easement over the other's property based on the location of the boundary line.” Complaint, Prayer at 12. In four separate causes of action – the Eighth through Eleventh – Plaintiff sought the establishment of “an easement across Defendant's property for use of Plaintiff's driveway.” Id. at 13. It does not appear that Plaintiff verified...

Excerpt: ...fer. Lawyers' Escrow is ordered to comply with the Subpoena within 15 days after service of notice of this order. Monetary sanctions in the amount of $560 are awarded against Lawyers' Escrow and in favor of Plaintiffs. Code Civ. Proc., § 2025.480; see also Cal. Prac. Guide Civ. Pro. Before Trial Ch. 8E-6 at ¶ 8:617.5 (“Monetary sanctions (as well as contempt) are available against nonparties who ‘flout the discovery process.'”). Plaintiff...

Excerpt: ...on. Id. at 270 (emphasis in original). Appellate courts have underscored the high threshold set by Walker: “[The plaintiff] may well not prevail on the factual disputes regarding the extent of his injuries . . . . But a [Walker] hearing is not to be perceived as a minitrial or an opportunity for a trial judge to put forth a well-educated guess of a verdict. The unlikeliness of a judgment in excess of $25,000 is not the test. The trial court rev...

Excerpt: ...amend as to the first through fourth causes of action and sustained without leave to amend as to the fifth cause of action. The motions to strike are moot. Plaintiffs' request for judicial notice of Exhibits “A” through “E” is granted. Actions. Evid. Code §§ 425(c)-(d), 453. The Court takes judicial notice of the court records, but not the truth of the contents of the matters therein. Fremont Indem. Co. v. Fremont General Corp. (2007) 1...

Excerpt: ...ill dismiss this case. The Court notes that Civil Code § 55.54 appears to only apply to attorneys, not plaintiffs who are in pro per. However, the Court finds that Plaintiff is a high frequency litigant, defined as a plaintiff or attorney who has filed 10 or more construction-related complaints within past 12 months. He is therefore required to pay a $1,000 supplemental high- frequency litigant filing fee. (Code Civ. Proc. § 425.55(b); Gov. Cod...

Excerpt: ...�FAC”) is overruled. Defendant are ordered to Answer the Complaint within 10 days. As to the fifth cause of action for IIED, Plaintiff now alleges that: “Defendants' conduct of, including but not limited to, subjecting Plaintiff to: yelling and making remarks during his employment such as calling him "incompetent" during conference calls with other employees on the phone, defendants spread rumors about plaintiffs disability to other employees...