Excerpt: ...s medical records from Orange Coast Memorial Medical Center; decedent's medical records from Healthcare Partners Medical Group; decedent's medical records from Kaiser Pennanente; decedent's medical records from Sea Cliff Healthcare Center; decedent's medical records from Huntington Beach Hospital; decedent's autopsy report; decedent's death certificate; and the amendment to decedent's death certificate and opined that when providing care and trea...

Excerpt: ...d to avoid unnecessary costs or delay.” C.C.P. § 1048(a). Under CRC Rule 3.350: “(a) Requirements of motion (1) A notice of motion to consolidate must: (A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record; (B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and (C) Be filed in each case sought to be cons...

Excerpt: ...te facts sufficient to constitute a cause of action as to the 2nd, 3rd and 8th causes of action. SUSTAINED on grounds of failure to state facts sufficient to constitute a cause of action as to the 1st, 4th, 5th, 6th, and 7th cause of action as follows: As to the 1st cause of action for declaratory relief, plaintiffs fail to plead facts showing the existence of an actual controversy involving justiciable questions relating to plaintiffs' and defen...

Excerpt: ...ave a chest intubation and a catheter in her chest cavity to resolve the pneumothorax. Plaintiff was hospitalized for 4 days. Defendant is demurring to the 2 nd, 3 rd and 4 th causes of action on grounds of failure to state facts sufficient to constitute a cause of action and uncertainty. As to C/A #2, the Court finds that the elements of CACI 530A are sufficiently pled and Plaintiff has failed to state how and where this C/A is uncertain. The de...

Excerpt: ...nopposed by either defendant, one of whom is representing herself and the other a non-represented entity. Nonetheless, the motion must be DENIED on procedural grounds. First, the Notice is defective. Though phrased on a motion for summary judgment, it actually reads as one for summary adjudication. Where summary adjudication is sought, the notice must specify the “specific cause of action” sought to be adjudicated. CRC 3.1350(b). In addition,...

Excerpt: ...e evidence. The defendants have filed a “Financial Statement” prepared and verified by defendant. The Financial Statement is not supported by admissible evidence. Defendants Douglas and Bonnie Stewart, request that the Court issue the following Order: 1. To Pay Defendants, Douglas and Bonnie Stewart, in the amount of $15,408.30 from the Partnership funds currently held in Trust by Attorney Neil Pedersen for their expenses incurred on behalf o...

Excerpt: ...Mansouri v. Superior Court (2010) 181 Cal.App.4th 633, 640; Brodke v. Alphatec Spine Inc. (2008) 160 Cal.App.4th 1569, 1575. The burden rests with the party seeking to compel arbitration to establish these three prerequisites by a preponderance of the evidence. Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972. The scope of the DRA is admittedly broad, covering the claims in dispute herein and requiring arbitration thereof. The...

Excerpt: ...t to provide any responses. Plaintiff's responses are therefore late, and Defendant's Motion was appropriate. Further, as Plaintiff failed to provide timely responses, all objections are waived. C.C.P. § 2031.300(a). Defendant's unopposed Motion to Compel Responses to Request for Production, Set One, is GRANTED. Plaintiff is to provide verified responses, without objection, within 15 days of the date of hearing. #3 - Motion to Compel Answers to ...

Excerpt: ...�new litigation” to PJ; b. PJ approves, then instructs clerk of the court to file the new lawsuit; c. If clerk accidentally files without PJ consent, lawsuit “shall be automatically dismissed unless the plaintiff within 10 days of the filing of that notice obtains an order from the presiding justice or presiding judge permitting the filing of the litigation.” §391.7(c) Here, plaintiff timely submitted her proposed complaint for PJ approval...

Excerpt: .... Plaintiffs dispute Defendants' claim that the FAAs apply here. Plaintiffs Liu and Zhao concede that they signed the Account Application. (Liu Decl. ¶ 3; Zhao Decl., both at ¶ 3, conceding same.) In their Opposition, they argued the FAA could not apply to them as it was dated 12/18/14, and so did not exist when they signed their Application. On reply, Defendants conceded that for Liu and Zhao, the wrong version was attached to the Motion, and ...

Excerpt: ...ns do have a right to privacy, it is not a constitutional right. The corporate right to privacy is a lesser right than that held by human beings and is not considered a fundamental right. (Internal citations omitted.)” SCC Acquisitions, Inc. v. Superior Court (2015) 243 Cal. App. 4th 741, 756. “Because the corporate privacy right is not constitutionally protected, the issue presented in determining whether [the Party's] requests for productio...

Excerpt: ... the parties costs of partition, including “reasonable attorneys' fees incurred or paid by a party for the common benefit.” The key, of course, is whether the services provided by plaintiff's counsel were incurred for the “common benefit” of plaintiff and defendant. Orien v. Lutz (2017) 16 Cal.App.5th 957, and Lin v. Jeng (2012) 203 Cal.App.4th 1008, make plain that this Court ought to consider the totality of the circumstances in decidin...

Excerpt: ...ting (attached as Exhibit A). Since there is no statute of limitations concern, and consideration is obvious, it is unnecessary to engage further to determine how the gravamen of the agreement came to be (oral or written). Whether it is written, 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 o...

Excerpt: ...ates that she is 1) 72-years old; 2) Plaintiff has a substantial interest in the action as the sole plaintiff; and 3) Plaintiff's health such that a preference is necessary to prevent prejudicing the party's interest in the litigation as noted in the Declaration of Shahab Attarchi, M.D. Defendants' evidentiary objections to the Declaration of Mark A. Schadrack are SUSTAINED. Defendants' evidentiary objections to the Declaration of Shahab Attarchi...

Excerpt: ...omplaint alleges a written contract existed, it failed to provide proof of the contract or to assert any of the terms of the contract, failed to state how Plaintiff performed under the contract or her excuse for nonperformance, or how Plaintiff's alleged damages are related to the contract. Further, the Complaint is uncertain as to defendants Hai N. Duong, Cuong Nguyen, and Phoung Thi Kim Dang, as it fails to plead facts showing that a contract e...

Excerpt: ... POS in the court's file. The Declaration of plaintiff's father, Harold Beverly, confirms that the address where the plaintiff was served by certified mail is the last known address for the plaintiff. The declaration also confirms that the declarant has not had verbal or physical contact with the plaintiff since January 2016. The plaintiff's father's declaration establishes that plaintiff cannot be located despite diligent efforts. Therefore, the...

Excerpt: ...enting, allowing, 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 prem...

Excerpt: ...f to set aside this Court's order dismissing the action. Since defendant agreed to settle, and has now reneged on that agreement, the dismissal ought to be set aside. The question then remains what to do with the case. Plaintiff wants to re-open everything and go after the restaurant owner personally because he feels that earlier representations regarding the restaurant's solvency, liquidity and/or insurability were false. This plaintiff cannot d...

Excerpt: ...nent death in the November and December 2017 timeframe. See, Decl. MANH at paras. 9 & 15. He further states that due to his inadvertence and distraction, that both a default and default judgment were entered against Defendant. See, Decl. MANH at para. 15. The Court finds that this showing is credible. The Motion to Set Aside Default was filed on 03-20-18, which was within the six month time limit following entry of default judgment on 01-05-18. D...

Excerpt: ...atter is timely presented to the Court. (See 2/13/18 Decl. herein). However, a proposed Order to Show Cause form was not provided by the Applicant, as the Court requested in the minutes of 2/9/18. Under CCP §704.770, “(a) Upon the filing of the application by the judgment creditor, the court shall set a time and place for hearing and order the judgment debtor to show cause why an order for sale should not be made in accordance with the applica...

Excerpt: ...ation. Based on the evidence presented, Plaintiff has not established its claim is for money based on a contract with Defendant where the total amount of the claim is fixed or readily ascertainable as required by Code of Civil Procedure section 483.010(a). The plaintiff has presented no evidence of a contract between the plaintiff and the defendant HB Crude. The plaintiff has not provided this court with any evidence which supports a finding that...

Excerpt: ...that bifurcation will result in any convenience to the witnesses or judicial economy. It is not clear that a bifurcated punitive damages phase will be more expeditious. Additionally, the defendants have not established that bifurcation is needed to avoid undue prejudice. There is no evidence which supports a determination that the damages phase will present an overwhelmingly sympathetic reaction such as to make it difficult for the jury to decide...

Excerpt: ...er party or non-party would create a substantial risk of serious financial or other injury that cannot be avoided by less restrictive means.” Order 1.e. Materials designated this way may only be viewed by this Court, certified reporters, counsel, experts, consultants, and “any person” who is “familiar” with the materials if all parties agree. Order 8. Here, defendant asks this Court to uphold his decision to designate his own deposition...

Excerpt: ... and judgment is void. The Defendant Moshe Ninio has established that he lacked notice of the action in time to defend and that such “was not caused by his avoidance of service or inexcusable neglect.” DEFENDANT MOSHE NINIO'S MOTION: When service of a summons has not resulted in actual notice to defendant in time to defend the action, defendant may move the court to set aside the default and any judgment thereon and for leave to defend the ac...

Excerpt: ... it appears that the client's address is unknown: If the attorney has no current address for the client, a reasonable effort must be made to locate the client (e.g., through the County Registrar of Voters). The attorney (or search firm) must provide a declaration detailing the efforts made. If the declaration establishes the client cannot be located despite diligent efforts, the client may be served in compliance with CCP § 1011(b), which author...