Excerpt: ...me. There are two subpoenas at issue, one to defendant Michael Cannivet and the other to the custodian of records for non-party Silverlight Asset Management. Both request production of the same thing: “Documents sufficient to identify clients known to Silverlight Asset Management, LLC to have formerly been clients of Palo Capital, to which Silverlight Management, LLC provided investment advisory services, at any time after December 2, 2016.” ...

Excerpt: ...985) 38 Cal.3d 18, 30; Carlton v. Quint (2000) 77 Cal.App.4th 690, 697; Reedy v. Bussell (2007) 148 Cal.App.4th 1272, 1288-1289.) Directions to Self-Represented Party (Ms. Galian) The Court orders Ms. Galian to include a proof of service with future papers that are filed with the court. A form of Proof of Service-Civil is available at the website of the California Courts (see http://www.courts.ca.gov/forms.htm). Further, Ms. Galian is directed to...

Excerpt: ...dant Nu Flow America, Inc., for installation of cured in-place pipe (“CIPP”) restoration process for repair of potable water copper piping via epoxy relining on plaintiffs' property. As noted, plaintiffs are both self represented, however plaintiff Erin Chwialkowski did not sign the complaint. Additionally, she did not sign the 02/08/18 Amendment to Complaint (Doe 1) identifying Nu Flow America, Inc., as a DOE defendant. Pursuant to CCP § 12...

Excerpt: ...range Coast Memorial Medical Center, Kaiser Permanente, Huntington Beach Hospital, and Sea Cliff Healthcare and opined that Defendant Arvind Nirula, M.D complied with the applicable standard of care at all times and no act or omission on the part of Arvind Nirula, M.D caused or contributed to Ms. Garcia's death. Brown Dec. ¶¶ 8-10. Dr. Brown further noted that although Arvind Nirula, M.D is associated with California Heart Associates, all of Ms...

Excerpt: ... “Emily Graves”, with whom MP's counsel has communicated, is an authorized agent for “Vape It Up.” (See Corp. Code § 17701.16, CCP §416.10 et seq.; CCP §2020.220(a)(2). See also CRC 3.1346.) The court notes, an entity called Vapeitup LLC or Vape It Up LLC has been named in certain pleadings in the case. Would it be the same entity as the deponent here? If so, in information that is publicly available on the website of the California Se...

Excerpt: ...ction by plaintiff Wyatt. Defendant's challenge to this cause of action is improperly based on extrinsic evidence. Defendant's request for judicial notice is denied. OVERRULED as to the 4th cause of action. Although false imprisonment is an intentional tort because it entails an intentional act resulting in confinement, it can arise through negligence. (Lyons v. Fire Ins. Exchange (2008) 161 Cal.App.4th 880, 888.) The facts pled sufficiently supp...

Excerpt: ...Civil Procedure §483.010(a). The plaintiff has established through the declaration of its vice president and custodian of records that as of June 2017, the principal amount owed to plaintiff is $41,954.66. Declaration of Parker. The Plaintiff met its initial burden of establishing a prima facie showing of prevailing on its claims against Defendants. In response, the defendants have presented no evidence which supports a finding that the plaintif...

Excerpt: ...ion as one for personal injury and property damage. Her proposed pleading included a single cause of action for injuries arising out of an automobile accident occurring on 06/19/15. There were three named defendants (Arredondo as driver, Rogue as driver, and Jones as owner). Plaintiff's petition was granted (see ROA 3). On 08/17/17, plaintiff filed a First Amended Complaint. Although she was technically entitled to do so without prior approval (s...

Excerpt: ...0(c), 2031.300(c), and 2025.450(h).) Sanctions should be appropriate to the dereliction, and should not exceed that which is required to protect the interests of the party entitled to but denied discovery, but continuing misuses of the discovery process warrant incrementally harsher sanctions until the sanction is reached that will curb the abuse. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992.) Here, the evidence presented demon...

Excerpt: ...owing in the Court records as having been actually filed, at the time of receipt. The Court did not review the submission and will return the submission to Ms. Galian unless the fact of service, and filing, are established by Ms. Galian, at the time of this hearing. Further, the Court would like to provide the cross-defendants adequate time to receive and respond to the documents, as well as the same for the Court. The hearing will likely be cont...

Excerpt: ...��FTAs”). A party seeking to defeat a forum selection clause bears the “substantial burden” of demonstrating that enforcement of the clause would be unreasonable. (CQL Original Products, Inc. v. National Hockey League Players' Association (1995) 39 Cal.App.4th 1347, 1353-1354; Miller-Leigh LLC v. Henson(2007) 152 Cal.App.4th 1143, 1149.) Plaintiffs have not done so here. Nor is there any apparent basis for the claim that FTAs were not part ...

Excerpt: ...f Proof As the moving party, Handler LLC has the burden of proof on two interrelated factors: (1) the likelihood that the moving party will prevail on the merits, and (2) whether the harm Handler LLC will likely suffer if injunctive relief is denied outweighs the harm Defendant BOFI Holding Inc. is likely to suffer if injunctive relief is granted. (O'Connell v. Superior Court (2006) 141 Cal. App. 4th 1452, 1481; Ketchens v. Reiner(1987) 194 Cal.A...

Excerpt: ...y stayed during appeal. However, under C.C.P. § 917.1(a)(2), a cost award for expert witness fees claimed under C.C.P. § 998 is an exception to that rule. (See Quiles v. Parent (2017) 10 Cal.App.5th 130, 143 [expert witness fee award under § 998 is not, on its own, a money judgment under §917.1(a)(1): instead, it resides in a separate category that requires a bond for a stay on appeal under §917.1(a)(2).].) The Amended Judgment includes an a...

Excerpt: ...ts in force at the time of Lowery's death “on or about December 27, 2016” that named her as an insured. Plaintiff incorrectly argues that the requested material is protected from discovery byIns. Code §791.13. But the statute expressly permits disclosure in response to a facially valid subpoena. (Ins. Code §791.13(h).) Nor is the statute meant to preclude discovery in a civil action. (Irvington-Moore, Inc. v. Superior Court (1993) 14 Cal.Ap...

Excerpt: ...f has yet to provide responsive documents that are legible and complete documents. Normally, a separate statement would be required, but in this case the court will waive the requirement for the time being as the instances in which pages are illegible or incomplete may be too numerous and cumbersome for Defendant to set forth in detail at this time. Within 10 calendar days after service of notice of this ruling, Plaintiff is ordered to personally...

Excerpt: ...e from Orange Coast Memorial Medical Center, Kaiser Permanente, Huntington Beach Hospital, and Sea Cliff Healthcare and opined that Defendant Amanda Donohue, D.O. complied with the applicable standard of care at all times and no act or omission on the part of Amanda Donohue, D.O. caused or contributed to Ms. Garcia's death. Brown Dec. ¶¶ 4-7 and 12. Dr. Brown further noted that although Dr. Donohue is associated with California Heart Associates...

Excerpt: ...m another or to do an act with a positive, active, and absolute disregard of its consequences.'” (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 412; Doe v. United States Youth Soccer Association, Inc. (2017) 8 Cal.App.5th 1118, 1140.) The effect of describing something as willful misconduct is that it is sufficiently opprobrious and culpable to have the legal consequences of an intentional tort. (Mahoney v. Corralej...

Excerpt: ...t appear as if the parties did so here, as there isn't a declaration found with the moving papers. However, the recommendation is to proceed with the hearing because the trial is not too far away and it will be efficient to proceed at this time. Per the statute, “A determination by the court that the meet and confer process was insufficient is not grounds to grant or deny the motion for judgment on the pleadings.” (CCP §439(a)(4)). Also, the...

Excerpt: ...te, on a mutually agreed date. The turn-over may be scheduled to take place in Department C-18 of this courtroom in the presence of courtroom staff. Second, the parties are ordered to meet and confer for the purpose of agreeing to a stipulated order concerning keeping defendant away from Raffi Yakubian and from any bank where trust assets are located. The Order should be specific as to locations of both Mr. Yakubian and trust assets. A stipulated...

Excerpt: ...ld be unable to fairly respond to important proceedings. CRPC 3-700(A)(2); Mossanen v. Monfared (2000) 77 Cal.App.4th 1402, 1409. There is a motion for provisional relief aimed at counsel's client, set for hearing on 03/22/18. There is also an upcoming MSC and trial around the corner. The client is an entity, and thus cannot participate without counsel. Motion to withdraw continued to 03/22/18 at 1:30pm. Counsel is ordered to immediately serve up...

Excerpt: ... supporting evidence as to its execution. Plaintiff also needs to show that all conditions precedent to entry of the stipulated judgment have been met. Second, the Motion states that the defendants defaulted under the terms of that settlement agreement. (Motion p. 3.) But in a declaration filed on 4/21/17 (ROA 35), Plaintiff's counsel stated that the defendants had made some of the promised payments. It thus appears that some credit would be due ...

Excerpt: ...t adjudication turns on factual questions, the trial court assesses the evidence in light of the parties' respective burdens. The moving party's affidavits are strictly construed while those of the opposing party are liberally construed. Once the defendant's initial burden is met, the burden shifts to the plaintiff to show by substantial evidence that a triable issue of material fact exists as to the claim or defense. CCP §437c; Aguilar v. Atlan...

Excerpt: ...r third person not yet a party to the action only if the cause of action asserted: (1) arises out of the same transaction, occurrence, or series of transactions or occurrences set forth in the complaint, or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the COA brought against him. (Id. At §6:525, citing CCP § 428.10(b).) Here, the proposed XC seeks to name a third party that is allegedly responsi...

Excerpt: ... claim for misrepresentation, plaintiff must allege with particularity:  defendant represented to plaintiff that an important fact was true;  that representation was false;  defendant knew that the representation was false when made;  defendant intended plaintiff to rely on the representation;  plaintiff reasonably relied on the representation;  plaintiff was harmed; and  plaintiff's reliance was a substantial factor in causi...

Excerpt: ...uty in order to have an actionable “wrong” under B & P C§17200. This Court further observed that the allegations were enough to permit the inference that Chicago did something wrong and caused harm as a result thereof. On 11/13/17, Chicago filed a motion for judgment on the pleadings directed at the narrow question of whether plaintiff had stated a legal basis for relief. Although Chicago's approach to split the attack was gamey, this Court ...