Excerpt: ...des appeared for that hearing, and the application was granted on 6/27/19. But Plaintiff then failed to timely file or serve either his Opening Brief or his Reply. (See 6/27/19 M.O.) Plaintiff thus did not comply with the briefing requirements for this Motion. The Motion fails in any event on the merits. Plaintiff argues that under C.C.P. § 657(1), a new trial should be granted based on evidentiary rulings concerning testimony from Dr. Pressman ...

Excerpt: ...each/control. CCP §2030.220. Even if portions of an interrogatory are objectionable, the remaining answerable portion must be substantively addressed. CCP §2030.240; Best Products, Inc. v. Superior Court (2004) 119 Cal.App.4th 1181, 1188-1189. Form Rogs to Diane Stern Plaintiff contends that defendant's refusal to answer FRog 2.5 is a misuse of the discovery process. Therein, plaintiff asks for defendant's present and recent residence address(e...

Excerpt: ...e the 5/2/19 Order. Thus, the court admonishes Plaintiff, again. A. Special Interrogatories, Set One The court grants in part Plaintiff's Motion to Compel Further Responses to Special Interrogatories, Set One, as to Defendant KPC Healthcare Holdings, Inc. Defendant is ordered to provide a verified response, without objections to Nos. 13, 14, 15, and 18 only. The court denies each party's request for sanctions. The court denies the Motion as to No...

Excerpt: .... As the prevailing party, Defendants are entitled to an award representing their fees and costs incurred in litigating the Anti-SLAPP motion pursuant to Code Civ. Proc. § 425.15(c).) Under this provision, any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees. (Ketchum v. Moses (2001) 24 Cal. 4 th 1122, 1131.) This does not mean that the prevailing party is entitled to receive whatever it asks for, h...

Excerpt: ...Cal.2d 596, 603 [“A cross-complaint is a pleading separate and apart form the answer, and is required to be complete and sufficient in itself. It cannot be aided by averments of the answer.”] Since combining the two is improper, and makes analysis of the cross-claims imprecise, the usual course of action is to strike the pleading sua sponte and give defendant leave to file separately an answer and cross- complaint. Doing so will moot the pres...

Excerpt: ... Agreement calls for arbitration to be submitted to Henning Mediation & Arbitration Service (“Henning”). Edgerton Decl., Ex. C - Partnership Agreement, Article XXVI § C, pg. 31-32. Apparently, Henning's only location is in Atlanta, Georgia. Hall Decl. ¶ 5. The Court also notes that even if the Partnership Agreement were not the document referenced in the Purchase Agreement, Plaintiff has provided no alternative document that the Purchase Ag...

Excerpt: ...ustification as well. (CCP § 2025.480(j).) MP shall give notice unless notice is waived. Deposition Question, regarding where the Defendant currently lives. There are highly divergent views of the alleged “incident” here, and as to who was the perpetrator or aggressor. The record reflects a basis for the Defendant to have concern. (See Opposing Exhibit 2 p. 136-137 and 142-143 and 106 – 110, 40-42, see Opposing Exhibit 4.). Further, a pers...

Excerpt: ...rt is not limited to direct body-to-body contact. (See Mount Vernon Fire Insurance Corporation v. Oxnard Hospitality Enterprise, Inc. (2013) 219 Cal.App.4th 876, 881.) But the intent element requires that the defendant either intended to commit a battery or was substantially certain that battery would result from his/her conduct. (CACI 1320; Ashcraft v. King (1991) 228 Cal.App.3d 604, 613.) In the FAC, Plaintiffs assert that by sending them to an...

Excerpt: ...he employee's personnel file is off-limits. In California, discovery is purposefully broad. With certain exceptions, parties have a right to inquire about any matter which – based on reason, logic and common sense – might (1) be admissible, (2) lead to admissible evidence, or (3) reasonably assist that party in evaluating the case, preparing for trial and/or facilitating resolution. Children's Hospital Central California v. Blue Cross of Cali...

Excerpt: ...s dispute the applicability of the equitable tolling doctrine. (Reply, at p. 4.) When the plaintiff is relying on a theory of fraudulent concealment, delayed accrual, equitable tolling, or estoppel to save a cause of action that otherwise appears on its face to be time-barred, the plaintiff must specifically plead facts which, if proved, would support that theory. (Lantzy v Centex Homes (2003) 31 Cal.4th 363, 384–385; Mills v Forestex Co. (2003...

Excerpt: ...estate. See 8:14- bk-13999. On 02/22/16, Hon. Lewis sustained Kinum's demurrer to the original fraudulent conveyance complaint, observing that the underlying debt upon which the claim rested (default judgment against Frank) had been vacated. On 08/29/16, Hon. Lewis again sustained Kinum's demurrer to the operative pleading, observing that the underlying bankruptcy court judgment upon which the debt rested had been vacated. On 03/30/17, this Court...

Excerpt: ...COA are: (i) outrageous conduct by defendant, (ii) an intention by defendant to cause, or reckless disregard of the probability of causing, emotional distress, (iii) severe emotional distress, and (iv) an actual and proximate causal link between the tortious conduct and the emotional distress. (Nally v. Grace Community Church (1988) 47 Cal.3d 278, 300.) The conduct must be so extreme “as to exceed all bounds of that usually tolerated in a civil...

Excerpt: ...4,045 in attorney's fees and $787.58 in costs, for a total of $34,832.58, plus a 1.25 multiplier. The hourly rates claimed appear reasonable here, in light of the experience and expertise of counsel, the contingent nature of the claim, and the attendant delays in potential recovery. The number of hours devoted to the case for the services rendered also appear reasonable under the circumstances here. Jaguar argues that the hours billed are excessi...

Excerpt: ...discovery, professional courtesy generally warrants allowing one. In another context, the DCA has recently said: “The policy of the state is that the parties to a lawsuit ‘shall cooperate.' Period. Full stop.” (LaSalle v. Vogel 2019 ___ Cal. Rptr. 3d ___ (June 11, 2019, No. G055381) 2019 WL 2428668, at *1 (published, pending citation). The Court continued, “We conclude by reminding members of the Bar that their responsibilities as officer...

Excerpt: ...rported to act in court, as a guardian ad litem (GAL) for his mother, even though the son was not formally appointed a GAL. Plaintiff alleges that the orders that issued in the case concerning payment of legal fees and spousal support, are void therefore. He is seeking a declaration that orders were void and to have the son pay for the alimony and legal fees that were ordered in the family court. Plaintiff is suing the son, Defendant Sridhar Redd...

Excerpt: ...seeking. Plaintiff did not oppose the motion substantively. Instead, plaintiff contends that the motion was not properly served or timely noticed – requiring a continuance of the hearing. The matter was continued to this date to permit further briefing. The Court has now looked to the further briefing and issues the 2nd tentative. Pursuant to CCP §473.5, “when service of a summons has not resulted in actual notice to a party in time to defen...

Excerpt: ...scope of the responses thereto, which were not produced, and that reasons existed to compel further production for these, then the Court reasonably required and requested a separate statement in accordance with CRC 3.1345(c). After the Motion was filed, MP filed a Separate Statement, however, the document is transforming the matter into another dispute, namely one to compel a further response – for some 45 RFPs approximately. The Separate State...

Excerpt: ...dentified attorneys in moving exhibit A, whose rate the Court is reducing to $300 per hour (- 3,600). Added to this, is 14 hours for reasonable work for this fee proceeding (14 x 425 = + 5,950) and finally, 25 hrs. are added for reasonable paralegal time at the reasonable rate of $125/hrs. to cover the range of work that is described in moving exhibit A (25 x 125 = +3,125). Preliminary Matters The papers indicate that case has settled. Plaintiff ...

Excerpt: ...ehensive discussion is still warranted. The jury found in Cannivet's favor on his cross-complaint for breach of contract and quantum meruit, based on his proof of a joint venture with Palo. These findings are challenged herein. It should be noted since the time of the jury verdict on Cannivet's cross-complaint, this Court ruled against Cannivet on his various remaining equitable claims, as follows:  On Cannivet's cause of action for promissory...

Excerpt: ...:  Specify in the moving papers by page, paragraph, and line number the allegations proposed to be added and/or deleted; and  Include with the moving papers:  a copy of the proposed amended pleading; and  a declaration specifying: 1. the effect of the amendment(s); 2. why the amendment is necessary and proper; 3. when the facts giving rise to the amended allegations were discovered; and 4. the reasons why the request was not made earl...

Excerpt: ...sanctions tailored to the harm caused by the misuse of the discovery process and should not exceed what is required to protect the party harmed by the misuse of the discovery process. (Lopez, supra, at p. 604.) Therefore, sanctions are generally imposed in an incremental approach, with terminating sanctions being the last resort. (Ibid.) However, even under the Civil Discovery Act's incremental approach, the trial court may impose terminating san...

Excerpt: ...2024.050(a), on motion of any party, the Court “may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set.” Further, in exercising its discretion to grant or deny such a request, the Court should consider: (1) The necessity and the reasons for the discovery; (2) The diligence of the party seeking the discovery�...

Excerpt: ...Plaintiff did not oppose the motion substantively. Instead, plaintiff contends that the motion was not properly served or timely noticed – requiring a continuance of the hearing. The pending motion was filed on 05/03/19, but not served upon plaintiff until 05/15/19. The papers were served via regular US Mail. Minimum statutory notice for a motion is 16 court days. CCP §1005(b). When service is made by regular US mail, 5 additional calendar day...

Excerpt: ... entitled to recover costs as a matter of right. The allowed costs are enumerated in CCP § 1033.5(a) and discretionary items are also permitted under § 1033.5(c). Defendant's verified memorandum of costs is prima facie evidence that the costs were proper and necessarily incurred. (Adams v. Ford Motor Co. (2011) 199 Cal.App.4th 1475, 1486; Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 856.) There is no requirement for the Defendant...

Excerpt: ...ed her Complaint for damages on July 12, 2018 alleging sexual harassment, retaliation, failure to take all reasonable steps to prevent discrimination and harassment, negligent supervision, intentional infliction of emotional distress, quid pro quo sexual harassment, and breach of the covenant of good faith and fair dealing. The plaintiff alleges that the defendant told her that his wife was no longer having sexual relations with him. Authorities:...