Excerpt: ...imely and submits new evidence. Cross-Defendants may file and serve a supplemental response, no longer than 5 pages, to the new evidence no later than March 22, 2018. Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538. Abdoun and cross-defendant Sabrina Beg are ordered to appear at the hearing to present oral testimony regarding their relationship, if any. Cross-Defendants to give notice. Case Management Conference ...

Excerpt: ... Nader Nagy, Magda Giwargi did not have standing to sue for alleged violation of Beter Nashed's constitutional rights (Second Cause of Action): Both Plaintiffs filed an affidavit under CCP 377.32. Therefore, they are permitted to pursue this claim supported as successors-in-interest. They are not making claims as individuals. Plaintiff Nader Nagy sued as the successor in interest of decedent, Beter Nashed. (SAC, page 1, line 26- page 2, line 2). ...

Excerpt: ...to each topic (Similar to Form Interrogatory No. 17.1). Plaintiff did not repeat the topics, but used the same format. Code Civ. Proc., § 2030.090 (b) requires a showing of good cause, which has not been shown. Code Civ. Proc., § 2030.090 (a) requires that the protective order motion must be made promptly. Plaintiff propounded the Special Interrogatories (Set Two) on 12/7/17. Defendant did not act promptly, because it waited until 1/9/18 to fil...

Excerpt: ... Action: Previously, Defendants did not demurrer to the Second and Tenth Causes of Action of the First Amended Complaint. The Tenth Cause of Action has not been re-labeled the Sixth Cause of Action. Code Civ. Proc., § 430.41(b) provides that “A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answ...

Excerpt: ...clarified under modern discovery procedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Plaintiffs' FAC is not organized in the traditional manner. The FAC alleges 16 causes of action, labeled as “Counts.” Each “Count” is asserted twice, once by each Plaintiff. Defendants demur to both sets of Counts 1 through 16 of the FAC on the ground that the FAC is ambiguous and unintelligible because half of the 32 cou...

Excerpt: ...rst Cause of Action for Breach of Contract The FAC does not adequately allege the existence of a contract. (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811.) The Complaint alleges that Plaintiff's counsel spoke with Defendant (FAC ¶ 11), and that conversation appears to be basis of the agreement—but there is no allegation counsel had authority to enter into the agreement on Plaintiff's behalf. Even if counsel had authority to enter int...

Excerpt: ...a Defendants are ordered to meet and confer with Plaintiff and to submit a detaileddeclaration outlining the parties' meet and confer efforts as to each of the issues raised by the demurrer. (Code Civ. Proc., § 430.41.) The Ibarra Defendants shall file the declaration at least 9 court days before the continued hearing date. No further briefing is permitted. Pursuant to Code of Civil Procedure section 430.41(a), effective 01/01/16, before filing ...

Excerpt: ...ation agreement. This includes the burden of demonstrating that a resident's purported agent had the authority to sign the arbitration agreement on behalf of the resident where, as here, it has been signed by such an agent, specifically, Decedent's son, Plaintiff Jeff Doyle (“Doyle”). (Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1130, fn. 6.) On 3/10/16, Doyle signed the Residence and Care Agreement, including Section I.3., an ar...

Excerpt: ...to the first, second, third, and fourth causes of action based on the defense of in pari delicto is sustained. Although an exception to the in pari delicto defense exists when the parties to a fraudulent transaction occupy a fiduciary relationship and the fiduciary would personally profit from the wrongdoing (Sontag v. Denio (1937) 23 Cal.App.2d 319, 323–24; Clark v. Millsap, 197 Cal. 765, 783), Plaintiff does not allege sufficient facts to est...

Excerpt: ...lance footage at issue. Thus, Plaintiff's motion is moot as to the video. Defendants have met their burden to establish the incident report at issue is protected from disclosure by the attorney-client privilege. (Evid. Code § 405; D.I. Chadbourne, Inc. v. Super. Ct. (1964) 60 Cal.2d 723, 736; Soltani-Rastegar v. Super. Ct. (1989) 208 Cal.App.3d 424; Payless Drug Stores, Inc. v. Superior Court (1976) 54 Cal.App.3d 988.) Here, the incident report ...

Excerpt: ...ow that there are triable issues of material fact on whether the parties entered into a contract. In the County's Separate Statement, it listed only eight facts These facts do not established that a contract was never formed. The Union representatives were consulted on the job sharing agreement. (UMF 28). Ms. Kiddy signed on behalf on the County. (UMF 30). After Plaintiff signed the agreement, the County implemented it. (UMF 31). Plaintiff was ne...

Excerpt: ...nted as to Issue Nos. 2, 3, 4, and 5 and denied as to Issue Nos. 1 and 6. Cross-Defendants' requests for judicial notice are granted. Cross-Complainants' objections to evidence submitted in support of Cross-Defendants' motion for summary judgment/adjudication are overruled. “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entit...

Excerpt: ...20) days, Plaintiff and her attorney shall pay sanctions in the sum of $1,335.00 [($318.75 per hour x 4 hours) + $60.00 filing fee]. The requested sanctions were reduced by three hours, because there was no Opposition or Reply. Motion No. 2: Defendant's Motion for Terminating Sanctions is DENIED.The court orders Plaintiff to comply with the court's previous orders of previous discovery orders of April 24, 2017 and October 2, 2017. For failure to ...

Excerpt: ... GRANTED. (CCP § 473(d).) The default judgment against Defendant Laterza is void as a matter of law due to improper service. (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544; Ramos v. Homeward Residential, Inc. (2014) 223 Cal.App.4th 1434, 1443-44.) Plaintiff attempted to serve Defendant by substituted service at Defendant's work, but did not locate or use the correct work address. Within 15 days of service of the notice of ruling, Defendant sha...

Excerpt: ... under Civ. Proc. Code § 473 (b). Leader v. Health Indus. of Am., Inc. (2001) 89 Cal. App. 4th 603, 620. The requirement to submit an answer or other pleading applies to the discretionary portion of the statute. When the court grants a relief under the mandatory portion of Civ. Proc. Code § 473 (b), “[t]he court shall, whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory lega...

Excerpt: ...Pacers Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690 [trial courts have the discretion to stay a civil action when a criminal matter is pending.]) All other discovery as to third party witnesses and documents is not stayed. (Fuller v. Superior Court (2001) 87 Cal.App.4th 299, 310 [the trial court may devise a solution that fairly accommodates the interests of all parties and the judicial system in light of circumstances].) A status hearin...

Excerpt: ... to March 19, 2018 at 10:30 a.m. in Department C-26. Paramount is ordered to produce evidence of the costs it incurred in taking the depositions of Steve Martin and Brian Bergmark. No further briefing is permitted. Motion 2: Motion to Tax Costs. Moving Party: Paramount Petroleum Company (“Paramount”). Responding Party: Sully Miller Holding Company (“Sully Miller”). Opposition filed. Ruling Motion 2: Paramount's Motion to Tax Costs is gran...

Excerpt: ...ppeal, and the Commercial Guaranty signed by Defendant provides for the recovery of reasonable attorney's fees. (Civ. Code § 1717(a); ComputerXpress, Inc. v. Jackson (2001) 93 Cal.App.4th 993, 1020.) Plaintiff does not provide evidence to establish the reasonableness of counsel's rates. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084.) The court, thus, reduces the recoverable hourly rate for counsels Hurwitz and Lallas to $450 per hour. Based on t...