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: ...�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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...��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: ...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: ...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: ...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: ...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: ...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: ...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: ...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 ...

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: ...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: ... 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: ...usiness practices was now one for declaratory relief based on the lots yet to have flooring ordered and installed. At the very least there are 352 “remaining lots” which plaintiff claims entitlement to commissions (even though defendant has not necessarily even determined any profit margin). ...

Excerpt: ....App.2d 798, 805); Batte v. Bandy (1958) 165 Cal.App.2d 527, 533 (“Affidavits devoid of averments of facts showing that due diligence was exercised to make service have consistently been held to be insufficient…”). Plaintiff's declaration, paragraph 5, does not provide enough information about what was found at the registered address for the agent for service of process for Creek Systems Inc. (Kevin M. Daly) at 8105 Irvine Center Drive, Sui...

Excerpt: ...Agreement is illusory. However, the Court has located no authority that addresses facts the same as or similar to the facts presented here. Given the public policy that arbitration agreements should be enforced wherever possible, the Court concludes that a valid arbitration agreement has been shown here. There is no showing that the 2016 Agreement is void due to fraud in the inception or is procedurally unconscionable. Plaintiff has forthrightly ...

Excerpt: ...court GRANTS the Petition for the reasons set forth below. This litigation is stayed pending resolution of the arbitration. A. Basic Procedure In Rosenthal v. Great Western Financial Securities Corp. (1996) 14 Cal.4th 394, 412-414, the California Supreme Court explained the procedure a trial court must follow when a party files a petition to compel arbitration. The only question is whether the trial court should specifically enforce the arbitrati...

Excerpt: ...evelopment. The project included seventy-eight (78) residential units and six (2) two-story structures. Although there was already a Condominium Act in California, the governing decision-makers of Manor elected to operate the development as a non-profit stock cooperative. While similar to a condominium, the biggest difference is that in a co-op the resident members do not own the unit they occupy; instead, they enjoy an exclusive leasehold of the...

Excerpt: ...evidence is put forward, the burden shifting analysis in circumstantial evidence cases is not utilized. Mokler v. County of Orange (2007) 157 Cal.App.4th 121, 138. With direct evidence, a triable issue as to the actual motivation of the employer is created even if the evidence is not substantial. Cordova v. State Farm Ins. Companies (9th Cir. 1997) 124 F.3d 1145, 1150; Godwin v. Hunt Wesson, Inc. (9th Cir. 1998) 150 F.3d 1217, 1221 (“This comme...

Excerpt: ...sts for Admission, Set One (the “RFAs”) were propounded to Plaintiff on 10/19/17, and that despite an extension to 12/7/17, no responses were ever provided. (Kruppe Decl. at ¶¶ 2-4 and Ex. A.) The arguments presented in the Opposition do not warrant a continuance: unless responses in substantial compliance with C.C.P. § 2033.220 are provided before the hearing, the matters specified in those RFAs shall be deemed admitted. Sanctions are imp...

Excerpt: ...e party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or la...

Excerpt: ...ring is continued for the limited purpose of serving any omitted parties , their opposition will be due to the Court, at least 9 court days before the nex t hearing. This is not an authorization for the parties who were served with th e moving papers, to submit their oppositions at this time. Also, the MP's Notice of motion [see ROA 296] does not comply with CR C 3.1382 by identifying each party, each pleading or portion of pleading affecte d by ...

Excerpt: ...v. Williams (1994) 23 Cal.App.4th 238, 246 Plaintiff has not shown the harsh, time-consuming, expensive and potentially unjust remedy of a receivership is “absolutely essential” in this case. See, City & County of San Francisco v. Daley (1993) 16 CA4th 734, 745 Plaintiff's evidence supporting “insolvency” under CCP §654(b)(6) is insufficient to show that a receivership is warranted. At most, the evidence is equivocal. If believed, it sho...

Excerpt: ...djudication as to all four issues and also DENIES the motion for summary judgment. A. 1st COA: Legal Malpractice DENIED as to Issues 1 and 2. Issue 1. Reid's cause of action for Legal Malpractice against Defendants is without merit as a matter of law because Reid is unable to establish any breach by Defendants of their duty of care. Issue 2. Reid's cause of action for Legal Malpractice against Defendants is without merit as a matter of law becaus...

Excerpt: ...dmission, Set One, as Nissa n had failed to respond thereto. Motion 1 is GRANTED IN PART. Plaintiff asserts that Form Interrogatories (Set One), Special Interrogatorie s (Set One), and Requests for Production (Set One), were propounded to Plaintif f on 7/31/17. (Babbitt Decl., ¶ 3.) Nissan concedes that it failed to timel y respond thereto. (Leonard Decl. ¶ 2.) As responses were not timely provided , all objections were waived. (SeeC.C.P. §§2...

Excerpt: ...ssuance or nonissuance of the injunction. “The trial court's determinatio n must be guided by a mix of the potential-merit and interim-harm factors; th e greater the plaintiff's showing on one, the less must be shown on the other t o support an injunction. Of course, the scope of available preliminary relief i s necessarily limited by the scope of the relief likely to be obtained at trial on th e merits. A trial court may not grant a preliminar...

Excerpt: ... demonstrate inadvertence , mistake, surprise or excusable neglect. Here, defendant explains that he is self-represented, and unfamiliar with ho w to respond to a lawsuit. He explains that he did come to court on two prio r hearing dates, and appears to be participating as best he can. He was unawar e of the risk of default, despite already making what amounts to a genera appearance in the action. See City of Riverside v. Horspool (2014) 22 3 Cal...

Excerpt: ... because Outsourcing is without counsel, and a corporate entity is not able t o represent itself in general litigation. (See Gamet v. Blanchard (2001) 9 1 Cal.App.4th 1276, 1284 n.5; CLD C o n s t . , I n c . v . C i t y o f S a n R a m on (2004) 12 0 Cal.App.4th 1141, 1145-1150.) The cross-defendants, Sanders Engineering Co. and Craig Jackson, hav e objected to this, via their demurrer to the operative pleading. (See Docke t #153). Outsourcing w...

Excerpt: ...dmission, Set One, as Nissa n had failed to respond thereto. Motion 1 is GRANTED IN PART. Plaintiff asserts that Form Interrogatories (Set One), Special Interrogatorie s (Set One), and Requests for Production (Set One), were propounded to Plaintif f on 7/31/17. (Babbitt Decl., ¶ 3.) Nissan concedes that it failed to timel y respond thereto. (Leonard Decl. ¶ 2.) As responses were not timely provided , all objections were waived. (SeeC.C.P. §§2...

Excerpt: ...f action for Malicious Prosecution and new allegations regarding the express written release currently pled in the Cross Complaint. The court finds no prejudice to Cross Defendants resulting from Cross Complainant's delay from July to January in seeking this leave. If delay in seeking the amendment has not misled or prejudiced the other side, the liberal policy of allowing amendments prevails. Indeed, it is an abuse of discretion to deny leave in...

Excerpt: ...C does allege facts to support its claim as to her “creditor” status. (FAC ¶¶ 9 & 10.) Nor is the TILA claim clearly time-barred. Buyers argue that even if she is a creditor, there is a 3-year limitation on the right to rescind. But a demurrer on statute of limitations grounds will not lie where the action is not necessarily barred – the defect must appear clearly and affirmatively upon the face of the complaint. (Lee v. Hanley(2015) 61 C...

Excerpt: ...the prevailing party, and award costs of suit and statutory attorney fees, at the conclusion of a litigation, after all the claims are resolved. [See CCP §1033.5(a)(10), (c)(5)); Cal.R.Ct. 3.1702(a),(b), 8.104(a); Civ. Trials & Evid. §§ 17:151-52, 17:166 (Rutter Group 2017); P R Burke Corp. v. Victor Valley Wastewater Reclamation Authority (2002) 98 Cal.App.4th 1047, 1052.] Here, the case is not over, and Plaintiff still has one undisposed-of ...

Excerpt: ...arvig requests from this Court an order relieving it from further participation in this case. An attorney may withdraw as counsel of record if the client breaches the agreement to pay fees, insists on pursuing invalid claims or an illegal course of conduct, or when other conduct by the client renders it unreasonably difficult for the attorney to do his job, including when there is a breakdown in the attorney-client relationship. California Rules ...

Excerpt: ...895671) filed 1/05/17 5. Palatinus v. Casa Apts. (2017-932144) filed 7/18/17 CCP 1048 (a) provides that: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” The court DENI...

Excerpt: ...ode of Regulations for the subject premises. Evidence Code § 669 codifies the “negligence per se” doctrine as a presumption affecting the burden of proof: i.e., defendant's failure to exercise due care is presumed if: • Defendant violated a statute, ordinance or safety regulation of a public entity; • The violation legally caused injury or death; • The occurrence resulting in the injury or death was of a nature that the statute, ordina...

Excerpt: ...ng averment for punitive damages. Initially, there continues to be a concern over standing. Although defendants have not raised the issue, this lingers on from the prior unsuccessful application for appointment of a guardian ad litem. As indicated in the operative pleading and opposition papers, it appears this litigation is being handled by plaintiff's daughter, Dellia Montgomery. The “authorization” presented by her to this Court specifies ...

Excerpt: ...oving papers, was a letter from the Defendant's counsel, dated 10/5/17, expressing that a response to this motion was unlikely. (See ROA 28, Ex. C.) Because of the harmful effect that admissions can have on the case, the RP can serve verified, substantially-compliant responses to RFAs, before the hearing, and if so, then the Court must deny the motion to deem them admitted. [See CCP §2033.280(c); St. Mary v. Superior Court (2014) 223 Cal.App.4th...

Excerpt: ...ause it might be required to satisfy the judgment against its insured. The moving party has attached a copy of the proposed answer to th e motion. Colfer Dec. ¶ 2, Exhibit A. The default was enters on July 5, 2017 and default judgment was entered o n July 14, 2017. Rodriguez Dec. ¶¶ 16. This motion was filed on October 10 , 2017. Therefore, it is timely under CCP § 473(b). The moving party has established its insured's default and de-fault ju...

Excerpt: ...aintiff's counsel are ordered in the future to dul y participate in the required meet and confer process, pursuant to CC P §430.41(a). Demurrer to 1st C/A for Breach of Written Contract The First Amended Complaint alleges fairly clearly, there was an ora agreement with specific terms (FAC ¶ 11) but it is less clear about the writte n contract. It alleges, the oral agreement “was later memorialized in variou s writings, together constituting a...