Excerpt: ... Mr. Levy declares that he is “the Credit Operations Manager for Plaintiff, FUSION LLF, LLC (hereinafter "Plaintiff' or "Fusion")” and asserts that he has personal knowledge of the following facts (¶1 of Levy Declaration); however, no additional facts are offered which establish personal knowledge of the relevant contract or invoices. As explained by the Court in Snider v. Snider (1962) 200 Cal.App.2d 74, a “bare statement” of personal k...

Excerpt: ... considered by the Court in its prior ruling. Plaintiff offered a satisfactory explanation for why the evidence was not presented at the September 22, 2022 hearing. (Declarations of Stuart A. Katz, Joel Garcia and James Weaver.) Thus, the Court grants the Motion for Reconsideration and will reconsider the merits of BoostAddict.com's third party claim with the new evidence. Here, in support of BoostAddict.com's third party claim of exemption, two ...

Excerpt: ...l Interrogatories If a timely motion to compel has been filed, the responding party has the burden to justify any objection or failure fully to answer the discovery requests. (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220-221.) Interrogatory responses “shall be as complete and straightforward as the information reasonably available to the responding party permits.” (Code Civ. Proc., § 2030.220, subd. (a).) “If an interrogatory cannot ...

Excerpt: ...deposition is GRANTED. CCP §2025.450(a) provides “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving the notice may move for an order compelli...

Excerpt: ... hearing, it was the same as an initial trial setting On 10/8/20, the Court “vacated” the trial date. When the trial date was “vacated” it would seem reasonable to believe that there was no cut-off on discovery. Typically, when a court vacates an order, it is as though the order has never existed. If that were the case, then when the court vacated the trial date, it was as though no trial date had ever been set. Therefore, when the court ...

Excerpt: ...5(a).). The document noticed was offered as authority rather than to show some fact that would be properly subject to judicial notice. Plaintiff's Evidentiary Objections are SUSTAINED as to Obj. Nos. 1, 2 [as to “warranted”] and 4 [foundation, legal conclusions] but OVERRULED on Obj. No. 3. The Reply Objections, as to the La Torre Decl. are SUSTAINED on Obj. Nos. 3 -7 as to the characterization of the records [foundation; best evidence] but o...

Excerpt: ... (See Evid. Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) “(f)(1) A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmat...

Excerpt: ...the Court issued “Minute Order No. 1” (ROA #45) regarding actions defined as the “Hotel Website Cases”. Per that Minute Order, Garcia vs. Resort Rental LLC is the lead action, and for all of the Hotel Website Cases filed by the Center for Disability Access as counsel for plaintiffs: “(d) All motions, petitions and applications brought to the court for adjudication in any case subject to this order shall be served on all parties having r...

Excerpt: ... is to be liberally applied. (Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 696 {Fasuyi).) “The law favors judgments based on the merits, not procedural missteps.” (Lasalle v. Vogel (2019) 36 Cal.App.5th 127, 134.) As such, “‘any doubts in applying section 473 must be resolved in favor of the party seeking relief from default [citations].'” (Id., at p. 134-135.) Defendant seeks relief from default on the ground that his failure t...

Excerpt: ...985) 39 Cal.3d 311, 318.) The issue is the sufficiency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court ma...

Excerpt: ...torney should be disqualified is a matter that is addressed to the sound discretion of the trial court. National Grange of Order of Patrons of Husbandry v. California Guild (2019) 38 Cal.App.5th 706, 713. In exercising that discretion, the trial court is required to make a reasoned judgment which complies with the legal principles and policies applicable to the issue at hand. Ibid. An attorney may not represent a new client whose interests are ad...

Excerpt: ...7), Belenardos are admonished to timely file proof of service for all future motions. Notice of Appeal The filing of a notice of appeal of this court's ruling on Bales demurrer to the Belenardos' FACC does not stay the proceedings as to the present motion. (CCP §916(a); See also Carpenter v. Jack in the Box Corp. (2007) 151 Cal.App.4th 454, 461). Merits “If the court finds that a special motion to strike is frivolous or is solely intended to c...

Excerpt: ...g sanctions against Margareta based on her failure to respond to discovery propounded on 12/27/2019, including form interrogatories (“FROGS”), requests for production of documents (“RFPS”) and requests for admission (“RFAS”) and her failure to obey two court orders (entered on 12/13/2021 and 4/14/2022) compelling responses to that discovery, citing CCP §§2030.290(c) and 2023.010 (d) and (g). CCP §2030.290(c) authorizes the court to...

Excerpt: ... “they will face actual physical violence, the threat of physical violence, immediate deportation to China or their country of origin, likely arrest upon arrival in China or their country of origin and an order by China and other authorities accelerating the repayment of debt incurred for recruitment fees” and that they “reasonably fear that their families may face similar threats of physical and economic retaliation if their true identity ...

Excerpt: ...w disabled individuals to discern if the hotel is accessible to them. On 8/30/2021, the court issued “Minute Order No. 1” (ROA #45) regarding actions defined as the “Hotel Website Cases”. Per that Minute Order, Garcia vs. Resort Rental LLC is the lead action, and for all of the Hotel Website Cases filed by the Center for Disability Access as counsel for plaintiffs: “(d) All motions, petitions and applications brought to the court for ad...

Excerpt: ...e facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other exhibits when ruling on a demurrer. (Day ...

Excerpt: ... apple”): • [7:141] At least one case holds such demurrers are improper because the court is “foreclosed from rendering a new determination on the viability of those claims” absent a timely motion for reconsideration under CCP § 1008 (see ¶ 7:155.2 ff., 9:324 ff.). [Bennett v. Suncloud (1997) 56 CA4th 91, 96-97, 65 CR2d 80, 83] • [7:142] Other courts have allowed demurrers to amended pleadings on grounds previously overruled because �...

Excerpt: ...facie showing of the existence of a triable issue of material fact.” (Food Safety Net Services v. Eco Safe Systems USA, Inc. (2012) 209 Cal.App.4th 1118, 1124.) Under Section 437c(p)(2), a defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause...

Excerpt: ...retion” in allowing amendments to pleadings. (Foot's Transfer & Storage Co. v. Superior Ct. (1980) 114 Cal. App. 3d 897, 901.) “[W]hat constitutes “good faith”-or lack of it-under Code of Civil Procedure section 426.50 must be determined in light of and in conformity with the liberality conferred upon the trial courts by the section and by prior law. We conclude that this principle of liberality requires that a strong showing of bad faith...

Excerpt: ...ion, like the present one, that is brought under Civ. Proc. Code § 473(d) as a void judgment can be attacked at any time. (Westport Oil Co. v. Garrison (1971) 19 Cal. App. 3d 974, 978; Falahati v. Kondo (2005) 127 Cal. App. 4th 823, 830; Yeung v. Soos (2004) 119 Cal. App. 4th 576, 582 (“Yeung”).) Although there is a time limit under Civ. Proc. Code § 473.5, that code section does not apply here as the default judgment was void on its face, ...

Excerpt: ...of the demurrer. (See Arce v. Kaiser Foundation Health Plan (2010) 181 Cal.App.4th 471, 482). Merits This action arises out of an installment promissory note by plaintiff payable to Wells Fargo for $885,000 secured by a first trust deed in connection with plaintiff's property in Corona del Mar. (FAC ¶¶2, 7) In April or May of 2017, plaintiff defaulted on the note and applied to Wells Fargo for loan modification, which was denied. (FAC ¶6) On 4...

Excerpt: ...ransport van owned and operated by defendant Medlink. (Id.) Plaintiffs allege that the decedent was ejected from her wheelchair in the motor vehicle collision because Medlink failed to properly restrain her during transport. (FAC ¶12). They further allege that Defendants maintained a policy and practice of failing to compensate its employees for all hours worked, requiring employees to inspect equipment and supplies used to transport patients, i...

Excerpt: ...an inference that CRA was in fact a party to the Option Agreement. As Parman points out, the Option agreement contains representations and warranties specifically being made to CRA and by CRA, not Thompson. (TACC Ex. 1, ¶ 8.) The TACC also alleges that Parman and CRA and Thompson entered into the Option Agreement. (TACC ¶ 85.) Given the ambiguity raised on the face of the documents, the Court finds CRA's argument to be a factual issue that shou...

Excerpt: ...r an order compelling third party JPMorgan Chase Bank N.A. to comply with a subpoena for the production of documents. Plaintiff also moves for an order imposing a monetary sanction of $4522.50 against JPMorgan Chase Bank. MP CONTENTIONS: Plaintiff brought this action after defendants acted as an escrow holder for plaintiff's $1.55 million investment into a company that defendants represented and beneficially owned. Under the escrow instructions p...

Excerpt: ...djudicated in other actions, etc.), which are not properly the subject of this Motion. The only issue before this court is whether or not Districts are permitted to file a Complaint in Intervention (Motion, Ex. 1 - “CII”) in this matter. As such, while the court will address the general allegations in plaintiffs Orange County Board of Education, Children's Health Defense, and Children's Health Defense-California Chapter's (“Plaintiffs” to...