Excerpt: ...a different motion and procedure than what was filed here. Accordingly, the instant motion is denied. The motion filed by plaintiff SC&P Resources, Inc. for an order deeming Plaintiff's Request for Admissions, Set One, propounded on defendant Andrew Park as admitted is GRANTED as to nos. 1-4, and DENIED as to nos. 5-24. Defendant's responses to nos. 1-4 were not verified, so Plaintiff's request as to these Requests is granted. No verification was...

Excerpt: ...nts or things in the demanded category that are in the responding party's possession, custody or control will be produced (except to the extent of any objections). Here, the response does not state whether all documents in Defendant's “custody or control” were/will be produced. Accordingly, the Court GRANTS the motion to compel further responses to these Requests. Motion to Compel Further Responses to RFP Nos. 38-67. Defendant responds to eac...

Excerpt: ...pp.4th 1403, the extension of time must be a specific date and set forth in writing. On 12/18/17 plaintiff's counsel, Mark Didak, sent email correspondence to defense counsel, Terrence Moore, which stated in pertinent part, “Also, can we extend the current December 29 deadline for bringing any discovery motions to, say January 12, or even later? That way I don't have to rush to preserve our rights when, perhaps, we won't have to bring motions a...

Excerpt: ... also argues that (2) Plaintiff has no evidence as to how long the liquid was present on the ground. This is also shown by Plaintiff's deposition testimony and her discovery responses. (Fact 4.) Therefore, Wal-Mart argues that Plaintiff cannot show that Wal-Mart created the dangerous condition or that Wal-Mart had actual or constructive notice of the existence of the dangerous condition. Furthermore, Wal-Mart argues that it has a store surveillan...

Excerpt: ...nied as compared to the harm the defendant would be likely to suffer if the preliminary injunction were issued.” Smith v. Adventist Health System/West (2010) 182 Cal.App.4th 729, 749. The court employs a more probable than not standard. Robbins v. Superior Court (1985) 38 Cal.3d 199, 206. Further “[t]he trial court's determination must be guided by a “mix” of the potential-merit and interim-harm factors; the greater the plaintiff's showin...

Excerpt: ...ry relief claim. In addition, the claims set forth in the second through fourth causes of action appear to belong to the corporation and not the individual cross-complainants. The fifth cause of action purports to seek indemnity from Nardone for damages against Nardone. Finally, the sixth cause of action asks for several different declarations without any clarity as to which cross-complainant is asking for them. The motion to strike is off-calend...

Excerpt: ... limitations under CCP, because the FAC alleges that Plaintiff slipped and fell on 12/22/15. Thus, Plaintiff should have filed his FAC on or before 12/22/17, but did not file his FAC until 4/02/18, which was more than 2 years after he fell and injured himself. On 12/6/17, Plaintiff filed his Original Complaint alleging a single cause of action for premises liability, alleging that on or about 12/22/15 he slipped and fell in standing water at 1970...

Excerpt: ...he defendant's knowledge of the relationship; (3) intentionally wrongful acts designed to disrupt the relationship; (4) actual disruption of the relationship; and (5) economic harm proximately caused by the defendant's action. Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. (2017) 2 Cal.5th 505, 512. Defendants contend that the elements of the existence of a threshold economic relationship, the damage she suffered as a result of defen...

Excerpt: ...otice as to the existence of Exhibits A through C, but declines to take judicial notice of the contents, facts and information contained therein. Exhibits A through C are neither regulations nor legislative enactments issued by or under the authority of a public entity of the United States. Evid. Code §452(b). These exhibits are also not published rules or procedures followed by an entity or organization as asserted by Minerva. From the face of ...

Excerpt: ...th below. The motion to strike is DENIED as to the first cause of action for extortion because that claim is not based on any allegations of protected speech or petitioning activity within the meaning of CCP 425.16 (e). The first cause of action alleges that NH Investments and Ochoa conspired with Guerrero and Ceja to obtain improper access to the trash dumpster through threats of violence and acts of violence, in violation of PC 518 and 519. As ...

Excerpt: ...to the Complaint is filed. SeeCode Civ. Proc. §428.50(a). Because Doky failed to file the proposed cross-complaint when it filed its answer, it is barred from bringing a subsequent lawsuit to prosecute its claims if the claims are not pled here. See Code Civ. Proc. §426.30(a). Under Code of Civil Procedure §426.50, a defendant may seek leave to file a compulsory cross-complaint that was not filed at the time of the answer “whether through ov...

Excerpt: ...lt and Notice of Trustee's Sale were recorded in 2016, the statute was in effect. Under Civil Code §2923.55, prior to recording a Notice of Default, a servicer/lender has to either make contact with the borrower to explore options to avoid foreclosure, or attempt with due diligence to contact the borrower for that purpose. The specific steps required, including sending a letter containing certain information, follow-up phone calls, etc., are del...

Excerpt: ...dacted to “J. S.” Defendant does not have to disclose and may redact the full names, addresses, signatures, phone numbers, or any other identifying information of the Association's members who submitted the annexation ballots. The motion of defendant Trabuco Highlands Community Association for a protective order regarding production of the membership list is similarly GRANTED. Defendant may redact the full names, but should leave the first in...

Excerpt: ...a presumption of negligence if four elements are established: (1) the defendant violated a statute, ordinance, or regulation of a public entity; (2) the violation proximately caused death or injury to person or property; (3) the death or injury resulted from an occurrence the nature of which the statute, ordinance, or regulation was designed to prevent; and (4) the person suffering the death or the injury to his person or property was one of the ...

Excerpt: ...default. On 2/16/18, Plaintiff took Defendant's default. Mitchell's declaration states that has been incarcerated since 7/13/16 and he states that he had limited access to legal assistance and believed, incorrectly, that he could file his answer upon his release from custody. Accordingly, the court finds that defendant has shown good cause for relief, based on mistake or excusable neglect. Plaintiff has filed no Opposition. The motion to set asid...

Excerpt: ...f successive representation of a former and a current client is not relevant, however, unless there is a former attorney-client relationship. . . . The primary concern is whether and to what extent the attorney acquired confidential information. . . . [A]n attorney may be subject to disqualification when the attorney owes a duty to a nonclient to preserve confidential information—i.e., a confidential nonclient relationship. . . . The party seek...

Excerpt: ...ity, based on comparative negligence or comparative fault. Parties to a settlement are entitled to a judicial determination that a settlement has been made in good faith. Code Civ. Proc. § 877.6(a)(1). The factors to be considered in determining whether a settlement has been made in good faith include: (1) a rough approximation of the plaintiff's total recovery and the settling tortfeasor's proportionate liability; (2) the amount paid in settlem...

Excerpt: ..., with Dr. Harrington and Al Thani each receiving a 40% interest. (2AXC at ¶¶ 87-89.) This agreement was later confirmed in writing. (Exs. C, D.) Dr. Harrington also confirmed in writing that Khoury had power of attorney to negotiate on his behalf with investors in Qatar, where Khoury was sent to recruit investors. (Ex. B; 2AXC at ¶¶ 57-64.) It is further alleged that Khoury fully performed under the contact, but Global and Doug Harrington al...

Excerpt: ...t to the first element, Plaintiffs sufficiently allege that the Broker Defendants misrepresented to them that the new Owner Defendants would “honor the Initial Lease and give to Plaintiffs a new long term lease through December 2022 . . .” (FAC ¶ 66.) Specifically, Plaintiffs' allege that during a meeting in early October 2017, attended by the Owner Defendants and the Broker Defendants, defendant Dryzyga, the broker acting on behalf of the d...

Excerpt: ... intentionally wrongful acts designed to disrupt the relationship; (4) actual disruption of the relationship; and (5) economic harm proximately caused by the defendant's action. Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. (2017) 2 Cal.5th 505, 512. More specifically, the third element of a claim for intentional interference with prospective economic relations requires that the interfering conduct be wrongful by some legal measure ...

Excerpt: ...d motion filed by plaintiff Balboa Capital Corporation to move to compel defendant Tederhi Usude to respond to Form Interrogatories, Set No. One, Special Interrogatories, Set No. 1, and Inspection Demands, Set No. 1 is GRANTED. The aforementioned discovery requests were served via mail on 11/15/17. No responses have been forthcoming. Defendant Tederhi Usude has thus waived any objections to the discovery. See Code Civ. Proc. §§2030.290(a) & §2...

Excerpt: ...dants Travis Marshall Patterson and Bizwise Realty Inc. argue that the requests are procedurally improper and cannot be granted for at least three related reasons set forth below in sections A-C. A. Must Completely Dispose of Cause of Action First, the motion cannot be granted as to either claim because the motion would not completely dispose of a cause of action, as required by CCP 437c (f)(1). CCP 437c (f)(1) provides that “A party may move f...

Excerpt: ... whether the discovery responses that were provided are sufficient and responsive. Accordingly, the Plaintiff's instant motion is premature. The Court also declines to issue monetary sanctions because Plaintiff failed to comply with California Code of Civil Procedure §2023.040. Defendant to give notice. ...

Excerpt: ...o the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a defense thereto.�...

Excerpt: ...sn. (1988) 205 Cal.App.3d 1415, 1422, which is cited in the opposing papers: “In general, ‘[a] person who has been unjustly enriched at the expense of another is required to make restitution to the other.' [Citation.] A critical limitation on this rule is that one who confers a benefit officiously is not entitled to restitution. ‘It must ordinarily appear that the benefits were conferred by mistake, fraud, coercion or request; otherwise, th...