Excerpt: ...andings. Before the Court this day are numerous discovery motions filed by plaintiffs, seeking further responses to written discovery. At issue is whether the responses previously provided are good enough to satisfy the substantial compliance litmus. General Form Interrogatories No. 2.1 (to Dawn Tucker only). GRANTED. Plaintiffs are correct that defendant failed to response to the subparts. No. 12.1. GRANTED. The term INCIDENT – at least as def...

Excerpt: ...ap, the separate motions directed at each plaintiff will be treated together. On 02/14/18, this Court entered stipulated orders akin to CCP §2032.320 that plaintiffs were no longer seeking damages for extraordinary emotional or mental injuries. In particular, plaintiffs waived psychiatric injury (original or exacerbated) and agreed not to claim any mental health services/therapy resulting from the fall. As a result, plaintiffs have sought to wit...

Excerpt: ...avoid prejudice, for convenience, or to permit greater expedience and economy: "The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury." In addition, C...

Excerpt: ...d to the main action or cross-action. The Court also noticed the following: in the caption of Answer to the Cross-Complaint, filed by Moving Solutions Inc. and the Philpotts on 12/22/17, there is a second law firm, Employment Rights Attorneys LLP. Will this law firm continue to represent the clients in the cross-action? The Court expects this matter to be clarified at the hearing. The Court also expects clarification about whether the entire law ...

Excerpt: ...as to defendant RRE. Among other things, Plaintiff must demonstrate that attachment is sought on a contract claim for a fixed or readily ascertainable amount. (C.C.P. §483.010(a).) Plaintiff here has asserted a claim for $4,000,000, without any evidentiary support, and without demonstrating any contractual basis for that claim. That requirement is thus clearly not met. Plaintiff must also establish the probable validity of the claim upon which t...

Excerpt: ...ide action, which is available on the official website of the Riverside Superior Court, using the free public-access, case search feature, see http://public- access.riverside.courts.ca.gov/OpenAccess/Civil/CivilCaseReport.asp?CourtCode=A&RivInd= RIV&CaseType=RIC&CaseNumber=1807364 as of August 3, 2018, and Evid. Code § 452(d), (h).) The Court agrees that Greenfield Communications Inc.'s 1st cause of action in the Riverside case, for breach of co...

Excerpt: ...ties: Fraud based causes of action require the plaintiff allege “how, when, where, to whom and by what means the representations were tendered. Stansfield v. Starkley (1990) 220 Cal. App. 3d 59, 74. The parol evidence rule provides that the terms set forth in a writing intended by the parties as a final expression of their agreement with respect to the terms included therein may not be contradicted by evidence of a prior agreement or of a conte...

Excerpt: ... did not oppose the County's demurrer to this porti o of their seventh cause of action and have submitted no argument on the iss u in their briefs on appeal. Accordingly, we deem plaintiffs to have abandon e the issue.”). Additionally, the court construes the absence of a memorandu m as waiver of all grounds not supported. CRC 3.1113(a). ...

Excerpt: ...uding the dismissed causes of action) appears to arise from the type of constitutionally protected speech and petition activity protected by Code Civ. Proc., § 425.16. However, Defendants/Cross- Complainants (“Defendants”) have properly alleged a legally sufficient cause of action for breach of contract, and have establishes a probability of Defendants prevailing on the claim of breach of contract by way of the contracts attached to the Cros...

Excerpt: ...e does not have it now and the procedures he intends to use to obtain that evidence. Plaintiff therefore is entitled to a mandatory continuance under Code of Civil Procedure section 437c (h). The plaintiff has established that there is a likelihood that Jeff Shuman has evidence which may controvert the issues presented in the defendant's motion for summary judgment and that such evidence is essential to plaintiff's opposing of the defendant's mot...

Excerpt: ...intiff for neck surgery. Plaintiff contends this was bad faith, and filed suit for breach of the implied covenant. Before the Court this day is a motion by defendant seeking summary judgment on the sole cause of action for breach of the implied covenant of good faith and fair dealing. Alternatively, defendant separately seeks adjudication as to punitive damages and Brandt fees. On 10/17/12, plaintiff underwent an anterior cervical discectomy and ...

Excerpt: ...tions to Compel the deponents, Christine Kasulka, and William Gallahar to appear for their depositions. The dates shall be selected at the hearing and counsel shall be prepared to do so. The Court was not persuaded from the evidentiary showing in the Opposition papers that the principles of Liberty Mutual insurance apply, that is, of the need to limit the depositions of high-level “apex” officers of the companies. There was no evidentiary sho...

Excerpt: ...-10. However, although Plaintiff has served substantive supplemental responses to FROGs and SPROGs, they were served after the respective motions to compel were filed. Pursuant to C.C.P. § 2030.300(d), sanctions are mandatory. After reviewing the declarations and evidence provided by the parties, the Court has not found substantial justification or other circumstances make the imposition of the sanction unjust. Id. Therefore, the Court awards sa...

Excerpt: ...acts as Admitted (“Motions” together), are Granted. Plaintiffs Harry J. Brown III, and Patricia S. Brown are each hereby ordered t serve substantive responses, without objections, to the discovery reques t attached to the Motions no later than 15 days following the hearing on th matter. See, C.C.P. §§ 2030.290, 2033.280, and 2031.300. Additionally, although the Court recognizes that Plaintiffs' attorney David L Smart's illness, and the sudd...

Excerpt: ...ers unreasonab l denied. Garcia v. Hyster Company (1994) 28 Cal.App.4th 724, 736-737. T h attorney invoices submitted in support of defendant's request reveal that h seeks to recover all or essentially all of the attorney's fees and costs incurr e by defendant after plaintiff's denials. It would appear to this Court that defendant is entitled to the costs he incurr e to prove that he did not have or received any of the money alleged in t h compla...

Excerpt: ..., (3) a lawful object, ( 4 sufficient cause or consideration, (5) plaintiff's performance or excuse for failu r to perform, (6) defendant's breach, and (7) damage. Civil Code §§ 1550, 160 5 Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.App.4th 437, 453; Gomez v Lincare, Inc. (2009) 173 Cal.App.4th 508, 525. Precision or in haec verba not required, nor is attaching the actual contract if in writing. Pleading the leg a effect (ie, enough facts t...

Excerpt: ...lowing, assisting, conducting, permitting, or in any way granting authority to make any use of the Property, or any other location in the City of Huntington Beach, to dispense or distribute marijuana and/or any products containing marijuana;..” (Proposed Order, 2:14-17) It should read: The Court granted Plaintiffs preliminary injunction prohibiting “Leasing, renting, allowing, or in any way granting authority to make use of the premises at 81...

Excerpt: ...ty. The defendant has established that she propounded written discovery upon the defendant requesting all facts, witness, and documents supporting plaintiff's contentions that defendant was at fault or responsible for plaintiff's claims. UMF #11-14. In response, the plaintiff provided no witnesses or documents and no facts beyond the conclusory statements from her com-plaint. UMF #4, 5, 11, 13 and 14. The plaintiff provided no facts support a con...

Excerpt: ...ritten, oral, or implied, the elements for breach of contract are: (1) parties capable of contracting, (2) mutual consent, (3) a lawful object, (4) sufficient cause or consideration, (5) plaintiff's performance or excuse for failure to perform, (6) defendant's breach, and (7) damage. Civil Code §§ 1550, 1605; Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.App.4th 437, 453; Gomez v. Lincare, Inc. (2009) 173 Cal.App.4th 508, 525. Precision or in ...

Excerpt: ... App. 4th 102, 118. Plaintiff's attempt to use the outcome of the MSJ hearing is irrelevant on the basis that the offer expired before the outcome of the MSJ was known, and an MSJ is not based up the merits of the case, but rather if there is a question of fact remaining for the jury to hear. “[G]enerally, ‘[i]f items on their face appear to be proper charges, the verified memorandum of costs is prima facie evidence of their propriety, placin...

Excerpt: ...ative pleading contains a single cause of action for unfair business practices under B&P §17200. Within that single cause of action, plaintiff avers that defendant (at Paras 7, 9): 1. has “improperly shifted [its] medical records requests from Section 1158 to HIPAA, so that [it] can obtain patients' records much more inexpensively than under Section 1158;” 2. went “out into the marketplace, marketing [itself] to attorneys (particularly pla...

Excerpt: ...0 years old with health problem, etc.), the motion must be supported by a declaration that all essential parties have been served with process or have appeared.”); Cal. Judges Benchbook Civ. Proc. Before Trial § 2.49.) At this hearing, Plaintiff's counsel must address on the record, that the foregoing aspect for the granting of trial-preference is satisfied. The argument of Defendants that Plaintiff is lacking a substantial interest in the act...

Excerpt: ...recently provided potential collateral options for Plaintiff in order to allow RMMT to cover expenses and remain in business, while slowly paying off the judgment amount. Although RMMT's Opposition is late filed based on the prior hearing date, the options presented may offer attractive alternatives for Plaintiff. The Court invites the parties to discuss these options before the Court makes its final ruling on the assignment. ...

Excerpt: ... by any state or local agency.” (International Federation of Professional and Technical Engineers, Local 21, AFL-CIO v. Superior Court (2007) 42 Cal.4th 319, 329 (citing Govt § 6252(e); § 6253(a)). It is the burden of the public agency to “justify withholding any record by demonstrating that the record in question is exempt under express provisions” of the Act, or under the catch-all exemption (which provides that, on the facts of the par...

Excerpt: ...ailed to allege that he was given notice and a reasonable time to correct the claimed habitability violations while Plaintiffs remained in possession. But Plaintiffs allege that after notice of a severe termite infestation, Paul waited 38 days to begin fumigation to remedy the condition. (FAC ¶¶ 10-15.) Plaintiffs also allege that after the fumigation, there were toxic chemicals in the unit which prevented Plaintiffs from safely returning, that...