Excerpt: ...urt notes that judgment creditor has previously been able to personally serve third party examination notices on Ms. Stovall at an address different from the one listed on the proof of service for this motion. To-wit, this motion was mailed to Ms. Stovall at 1182 Letty Lane, Tustin, CA 92780, whereas third party examination notices were personally served on her at 12681 Newport Avenue, Tustin, CA 92780. The court is thus concerned that Ms. Stoval...

Excerpt: ... that its counsel spent 24.1 hours in connection with bringing and prevailing on the special motion to strike and that counsel has spent 7.7 hours in connection with bringing the instant motion for fees. The Court finds that this time is reasonable and that the billing rate of $280/hr. is also reasonable. As a result, these fees are recoverable, as are the costs for filing the motions. ...

Excerpt: ...ly formed. In return, plaintiff and her husband were given a 20% stake in the company. (FAC, ¶8.) The loan had a 12.6% interest rate and defendant has not paid any portion of the principal due and owing, although he has paid interest. (Id., ¶9.) Defendant contends that plaintiff has failed to allege all of the terms of the contract, and has failed to attach a copy of the promissory note, citing Otworth v. Southern Pacific Transportation Company...

Excerpt: ...ns and shall thereafter enter appropriate orders. Nothing in this section is intended to deprive the court of its power to change the terms of the referee's appointment or to modify or disregard the referee's recommendations, and this overriding power may be exercised at any time, either on the motion of any party for good cause shown or on the court's own motion.” (CCP 643(c)) Attorney Charles Manh, who represents Anh Manh, objects to the refe...

Excerpt: ...and either party moves for dismissal.” Under subdivision (f)(4), the Court may dismiss a complaint as to a defendant “[a]fter a motion to strike the whole of a complaint or portion thereof is granted with leave to amend the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal. On November 8, 2018, the Court sustained a demurrer to the first amended complaint by defendants Soto and Walswick and ...

Excerpt: ... Defendants thus ask the court to dismiss the action. “If those costs and fees are not paid within 30 days after service of notice of the transfer order … the court on a duly noticed motion by any party may dismiss the action without prejudice to the cause on the condition that no other action on the cause may be commenced in another court before satisfaction of the court's order for costs and fees. [Emphasis added.]” (CCP 399(a)) Plaintiff...

Excerpt: ...as of the effective date of this Agreement through the stipulated trial date, herein agreed between the parties, but not yet approved by the court, to commence on or about May 29, 2017.” Reply, Ex 1 However, at the time of the Stipulation, there was noconfirmed date for trial. Neither side addresses the issue of how the deadline to seek to reinstate Suzuki Motor of America is calculated, given that there have been multiple settings for trial, f...

Excerpt: ...es and general principles relating to other fiduciary relationships, all help define the duty component of the fiduciary duty which an attorney owes to his [or her] client. [citations].” Stanley v. Richmond (1995) 35 Cal.App.4th 1070, 1086–87 Plaintiff alleges the existence of a fiduciary relationship between him and moving Defendants based on the attorney-client relationship. (FAC at ¶ 86). Plaintiff alleges Defendants “owed plaintiff a f...

Excerpt: ...rty seeking relief has been diligent, courts have often granted relief pursuant to the discretionary relief provision of section 473 if no prejudice to the opposing party will ensue. [citations omitted]'” Ibid. This provision can be used to set aside any “other proceeding” taken against a party through the mistake, inadvertence, surprise, or excusable neglect of a party or her attorney, and is not limited to judgments or dismissals. See Cod...

Excerpt: ...7. Because terminating sanctions are a harsh remedy, this court declined to issue terminating sanctions at that time and instead directed that defendant Thai appear for his deposition on 11-7-17. Thai was personally present in court when the court made this order and plaintiff gave written notice of the ruling thereafter. Thai failed to appear on 11-7-17. Plaintiff again moved for terminating sanctions, as well as monetary sanctions. In response,...

Excerpt: ... Street in Westminster, and any 1031 exchanges that occurred with respect to monies wired by Amerilink Escrow to National Exchange Corporation that plaintiffs believe were connected with BTC's sale of the property to JVS Development, LLC. (Id., Attachment 2.) The court first questions whether BTC, an LLC, is a “consumer” entitled to notice under Code of Civil Procedure §1985.3(a)(2). But given that BTC may fit within the definition of an “...

Excerpt: ...r terminating sanctions should not be made lightly. But where a violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules, the trial court is justified in imposing the ultimate sanction. . . .” Miliekowsky vs. Tenet Healthsystem (2005) 128 Cal.App.4 th 262, 280 On 9-27-17, the Court granted Plaintiff's Motion for an Order Compelling the Person Mo...

Excerpt: ...that time, and none are forthcoming. (See Miller Decl., ¶¶10-15.) This time, unlike the previous motion, AMG does make “a showing that distributions under a charging order will not pay the judgment debt within a reasonable time.” Corps. Code §17705.03(b)(3). Mr. Miller avers that AMG is still an active business listed with the California Secretary of State, but has stopped conducting business, is not generating revenue, and has no money in...

Excerpt: ...ey purchased the vehicle from Source Specialists, the written documentation for the sale, attached to the FAC as Exh. 3, shows the purchaser was JBY Enterprises, Inc. In opposition to the demurrer, plaintiffs argue they are the proper plaintiffs as they are the sole owners of JBY, but as JBY purchased the vehicle, JBY is the real-party-in-interest. Plaintiffs elected to operate as a corporation and thus it is the corporation which has standing. T...

Excerpt: ...rminating sanctions were not served on plaintiff's attorney, Timothy Casey. While Casey's motion to be relieved was granted on 7-5-17 and the court signed the order on 7-6-17, no POS showing the order was served was ever filed. As a result, the order granting the motion to be relieved is, as yet, not in effect, and Casey remains counsel of record for plaintiff. Additionally, the street address used to serve plaintiff was not the address set forth...