Excerpt: ...m Requests for Admission, Set One propounded on Defendant/Cross-Defendant John Andraos Admi
©ed, plus $860 in sanc
Ÿons, and (4) Mo
Ÿon to Deem Requests for Admission, Set One propounded on Defendant/Cross-Defendant Golden Foods Admi
©ed, LLC plus $860 in sanc
Ÿons. Neither Defendant/Cross-Defendant John Andraos nor Defendant/Cross-Defendant Golden Foods, LLC opposed the Mo
Ÿons. Mo
Ÿons to Compel Responses to Form Interrogatories Pursuant...

Excerpt: ...cessarily timed barred and not that it may be time-barred. In Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403, the court explained that: "A demurrer based on a statute of limitations will not lie where the action may be, but is not necessarily, barred. (Citation omitted) In order for the bar of the statute of limitations to be raised by demurrer, the defect must clearly and affirmatively appear on the face of the complaint; i...

Excerpt: ...ron Allen to Request for Admission, Set Two, Nos. 28-35 plus $19,875 in sanctions, ROA 56; (4) Motion to Compel Further Responses by Plaintiff Byron Allen to Form Interrogatories, Set Two, No. 17.1 plus $19,875 in sanctions, ROA 65. The court notes that the replies request $9,875 in sanctions. The parties agree that the meet and confer efforts were sufficient and that the Motions were timely filed based on the parties Page 11 of 13 agreements dur...

Excerpt: ...a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists." (Code Civ. Proc., S 1281.2.) Pursuant to Code of Civil Procedure section 1281.6: "If the arbitration agreement provides a method of appointing an arbitrator, that method sh...

Excerpt: ...arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute. (b) Determination of applicability—An issue as to whether this chapter applies with respect to a dispute shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and t...

Excerpt: ...ed at a default prove-up hearing; or, in the alternative (b) a fourth order compelling Hyundai to comply with the Court's March 18, 2021, April 22, 2022, and April 6, 2023 Orders and for prospective sanctions of $1000 per day for each day that Hyundai does not comply. Plaintiff brings this Motion is made pursuant to California Code of Civil Procedure Sections 128(a)(4) and 2023.030(d)(1) & (4). Code Civ. Proc. provides, "Every court shall have th...

Excerpt: ... within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken." (CINIe Civ. Proc., S 473(b).) Because this Motion was filed more than six months after the dismissal, secton 473(b) does not apply. Aside from the authority set forth in section 473(b), every court has the power to "amend and control its process and orders so as to make them conform to law and justice." (Code Civ. Proc., S 1...

Excerpt: ...and her counsel of record in the sum of $1,078. Defendant Tran also moves for an order deeming the truth of all matters specified in Request for Admissions, Set Two, Nos. 29 through 42, and awarding monetary sanctions against Plaintiff and her counsel of record in the sum of $1,078. Defendant Tran contends that the foregoing discovery was served on Plaintiff and that Plaintiff did not serve responses, necessitating these motions to compel and sup...

Excerpt: ...ker List which constitutes trade secrets. Sprout is not represented by counsel, and the motion is unopposed. "A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment." (Code Civ. Proc. S 437c(f)(2).) A party may move for summary adjudication as to one or more causes of action within an action, one or more affrmatve d...

Excerpt: ... $27,810.47. The Motion is GRANTED as to the stipulated costs in the amount of $27,810.47. Otherwise, the Motion is DENIED. A. The Motion is Timely The motion for fees "must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case or under rules 8.822 and 8.823 in a limited civil case." (Cal. Rules of Court, rule 3.1702, subd. (b).) Pursuant to California Rules of Court, rule 8.104(a...

Excerpt: ... been quoted verbatim. A demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the pleading, but is directed at the uncertainty existing in the allegations actually made. (People v. Lim (1941) 18 Cal.2d 872, 883.) "A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under mtxlern discovery procedures." (Khouryv. Maly...

Excerpt: ...ff contends that he is an elderly 81-year-old senior, and is in fear of his body and life from Defendants and their potential physical, violent threats and retaliation against him and his property for this lawsuit, the FBI investigation, and the criminal indictment filing in the United States District Court. Plaintiff also contends that requiring Plaintiff to submit to separate depositions in the civil and criminal actions would subject Plaintiff...

Excerpt: ...n v. UHS of Rancho Springs, Inc. (2014) 230 Cal.App.4th 336, 343— 344 for the proposition that: " 'Generally, after an amended pleading has been filed, courts will disregard the original pleading. [Citation.] [Y] However, an exception to this rule is found where an amended complaint attempts to avoid defects set forth in a prior complaint by ignoring them. The court may examine the prior complaint to ascertain whether the amended complaint is m...

Excerpt: ...turer under the doctrine of equitable estop#l. More recently, Div. 8 of the Second District in Ford Motor Warranty Cases v. Ford Motor Co. (2023) 89 Cal.App.5th 1324 (rev. granted 7/19/2023) and Div. 7 of the Second District Montemayor v. Ford Motor Co. (2023) 92 Cal.App.5th 958, 310 Cal.Rptr.3d 82 (June 26, 2023) disagreed with the reasoning in Felisilda and concluded that the manufacturer was not entitled to enforce the arbitration agreement. W...

Excerpt: ...ntends that there is no merit to the Second Cause of Acton for Violation of Civil Code section 1793.2(b) because the undisputed facts show no single visit lasted longer than 30 days as required under Civil Code secton 1793.2(b); that Plaintiff has failed to provide any evidence, and no evidence exists, that any visit lasted longer than 30 days or that any repair to the subject vehicle was not initiated promptly; and that Plaintiff has failed to p...

Excerpt: ...atories General (Set One), all within 10 calendar days of the hearing of the motion, as well as for an order awarding monetary sanctions Page 19 of 40 in the amount of $ 2,963.15 against Horizon and its counsel of record, Fred Hayes and Rogers, MacLeith & Stolp, LLP, jointly and severally, for each of the two motions, as well as monetary sanctions in the same amount against Besnos and his counsel of record for one of the motions. Plaintiff Beznos...

Excerpt: ...y the unlawful detainer action pending the outcome of this Unlimited Action. (ROA 86, 89.) After oral argument, the Court permitted the parties to file simultaneous briefs regarding authority and justification for an undertaking and the amount of an undertaking. Said briefs were due no later than 08/24/2023, with no reply to be filed. (Ibid.) In his supplemental brief, Campbell contends that there is no statute that authorizes an undertaking or b...

Excerpt: ... and severally pay monetary sanctions in the amount of $2,963.15. Plaintiff also moves for an order deeming admitted Plaintiff's Requests for Admission, Set One to Horizon and an order that Horizon and its counsel of record Fred Hayes and Rogers, MacLeith & Stolp, LLP jointly and severally pay monetary sanctions in the amount of $2,963.15. Lastly, Plaintiff moves for an order deeming admitted Plaintiff's Requests for Admission, Set One to Defenda...

Excerpt: ...e FAA provides that a “written provision in any . . . contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, the refusal to perform the whole or any part thereof . . . shall be valid, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” (9 U.S.C. § 2.) “The ‘principal purpose' of th...

Excerpt: ...er under the doctrine of equitable estoppel. More recently, Div. 8 of the Second District in Ford Motor Warranty Cases v. Ford Motor Co. (2023) 89 Cal.App.5th 1324 (rev. granted 7/19/2023) and Div. 7 of the Second District in Montemayor v. Ford Motor Co. (2023) 92 Cal.App.5th 958, 310 Cal.Rptr. 3d 82 (June 26, 2023) disagreed with the reasoning in Felisilda and concluded that the manufacturer was not entitled to enforce the arbitration agreement....

Excerpt: ...very v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal.App.4th 50, 59-60.) “If a party to a civil action asks the court to compel arbitration of [a] pending claim, the court must determine in a summary proceeding whether an ‘agreement to arbitrate the controversy exists.' [Citations] ‘Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by ...

Excerpt: ...alleges that he was Defendants' employee and therefore was not required to hold a valid contractor's license to recover under the contract. Plaintiff claims that he is an employee pursuant to Labor Code section 2750.5, which “provides in relevant part that a person performing an activity requiring a contractors' license “shall hold a valid contractors' license as a condition of having independent contractor status.” (Fillmore v. Irvine (198...

Excerpt: ...May 25, 2022, C4 revived its corporate status, but that since that time, Counsel has mistakenly proceeded as though the Answer filed by C4 was active in this case. C4 contends that Plaintiff failed to request a prove-up hearing relating to the default, and that Counsel was reminded of the default when Plaintiff's counsel presented his Statement of the Case in August 2023. C4 asserts that the Court may relieve a party from default under Code of Ci...

Excerpt: ...ration agreement may seek a court order compelling the parties to arbitrate a dispute covered by the agreement. (Code Civ. Proc., § 1281.2.) “The trial court may resolve motions to compel arbitration in summary proceedings, in which ‘[t]he petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance ...

Excerpt: ...ntained in a sales contract between the dealer and purchaser could be enforceable against the manufacturer under the doctrine of equitable estoppel. More recently, Div. 8 of the Second District in Ford Motor Warranty Cases v. Ford Motor Co. (2023) 89 Cal.App.5th 1324 (rev. granted 7/19/2023) and Div. 7 of the Second District Montemayor v. Ford Motor Co. (2023) 92 Cal.App.5th 958, 310 Cal.Rptr. 3d 82 (June 26, 2023) disagreed with the reasoning in...