Excerpt: ... are not relevant for the purposes of this motion. The Court also declines to take judicial notice of the Declaration of John B. Steinhart filed in this matter. The declaration is an improper item for which the Court may take judicial notice. Motion to Change Venue: Defendant Anderson Charnesky Structural Steel, Inc. (“ACSS”) moves the Court for an order changing venue from Orange County to Riverside County pursuant to CCP § 397(c), on the g...

Excerpt: ...used to pay contractors. However, reliance on CCP 704.020 is misplaced since Judgment Creditor seeks to levy on a bank account not “household furnishings, appliances, provisions, wearing apparel and other personal effects” as set forth in the code section. There is also a failure to demonstrate that a homestead has been recorded with respect to the residence and/or funds in his Bank of America account can be traced to the insurance claim for ...

Excerpt: ...fendants from obtaining critical evidence. As early as December of 2016, Attorney Lear warned that the tree would be removed. Defendants apparently had an arborist inspect the tree, and both sides have taken photos. The remedy at trial maybe a jury instruction, however, not the harsh remedy of a terminating sanction. Plaintiff to give notice. 2. Case Management Conference ...

Excerpt: ...ey fees are awarded to a prevailing party based on the court's discretion and only if it finds that the misappropriation was “willful and malicious, ,” or a claim was made in “bad faith,” or a motion to terminate an injunction was made or resisted in bad faith. “Although the Legislature has not defined ‘bad faith' ” for purposes of section 3426.4, “our courts have developed a two-prong standard: (1) objective speciousness of the c...

Excerpt: ...e purchased which includes an agreement to arbitrate any claims. (See T. Gossett Decl., ¶3, Exh. A.) Defendants also produced the Verizon Wireless Customer Agreement in effect on 10/18/12. (See Id., ¶4, Exh. B.) Said Customer Agreement includes an agreement to arbitrate on pages 7 and 8 which has a broad agreement to arbitrate. (Id.) If the party opposing the petition to compel arbitration raises a defense to enforcement (CCP § 1281.2), that p...

Excerpt: ...ement between Partners Capital Group and Eugenia Romero dba West Coast Imaging Rentals establishes Default and Remedies, which discusses taking possession of the Equipment in the event of default See Exhibit. 1. Exhibit 3 establishes an assignment by Partners Capital Group to Plaintiff of Transactions, including the Finance Agreement at issue herein. Declaration of Fitzgerald¶11 establishes the default and Exhibit 5 establishes the amount due $4...

Excerpt: ...ries occurred for years prior to Plaintiff's incident, that the DOSH has issued reports concerning the safety issues of the ride that needed to be fixed, that Defendants have willfully failed to address the safety issues and fix the ride, while simultaneously failing to train the employees who operate the ride regarding safety issues, is sufficient to show despicable conduct. The court notes, however, that the opposition papers improperly attache...

Excerpt: ...eriods and the filing of this Motion. Defendants' supplemental papers shall be due no later than July 24, 2018 and the brief shall not exceed 5 pages. Plaintiff may file a response, not to exceed 5 pages, no later than July 30, 2018. Clerk to give notice. ...

Excerpt: ... purported injuries Plaintiff claims to have suffered were a direct result of his failure to make Loan payments and not from any conduct of PHH.” (See Demurrer: 3:21-23); however, the Complaint alleges Plaintiff's default was caused by Defendant's unlawful, unfair and fraudulent conduct. (See ¶54 of FAC). Specifically, Plaintiff alleges he stopped making his mortgage payments in reliance on representations by Defendant's agents. (See ¶53 of F...

Excerpt: ...n against the Trust itself, rather, he must name the Trustee. Stoltenberg v. Newman (2009) 179 Cal.App.4th 287, 293. 2. Case Management Conference If Parties submit, CMC is OFF CALENDAR. ...

Excerpt: ... that the assignments of deed of trust were purportedly assigned to the securitized trust after the trust's closing date. However, none of these documents and none of the facts pled in the Complaint establish that Plaintiff Torres Construction Services was the borrower or otherwise a party to the Deed of Trust relating to the subject property (rather, the borrower is Michael Younessi, see Complaint, Ex. A). There are also no facts that the borrow...

Excerpt: ... Defendant relied on testimony from Plaintiff which purportedly indicated she was unable to stand or bend (See SSUF No. 51) and unable to measure or mix food (See SSUF No. 54); however, the testimony cited to support these facts was not included in the portion of the Castillo Deposition attached as Exhibit H to the Harrington Declaration nor the portion attached as Exhibit I to the Vidakovich Declaration. Consequently, neither SSUF No. 51 nor SSU...

Excerpt: ...esses the fact this Motion has been brought in the context of a Petition for Writ of Mandate and no authority could be located, which discusses the applicability of the Civil Discovery Act to a Petition for Writ of Mandate under C.C.P. §1085. A review of C.C.P. §1085 through C.C.P. §1094 located no references to discovery It is undisputed Petitioner is a Director of Respondent SCAC. (See Exhibit A to Petition). Pursuant to Corporation Code §1...

Excerpt: ...r negligence at trial. Thus, the Second, Fourth, Fifth, Sixth, Seventh and Eighth Causes of Action are moot as a matter of law. (See Diaz v. Carcamo (2011) 51 Cal.4th 1148, 1157-1161 – Where the “entruster” is also the driver's employer, the employer's binding admission of respondeat superior liability, whether made before or at trial, bars plaintiff from pursuing a negligent entrustment [as well as a negligent hiring] claim against the emp...

Excerpt: ...pears to be that it did notapply for a different application for approval of a dedicated electrical connection between R100 to R101, R102 and R104, which would have reduced the energy cost if approved. (Complaint, at ¶ 62.) The fact that Defendant has sole authority to approve such connection pursuant to Rule 16 does not sufficiently support the finding that Plaintiff was not damaged as a matter of law. Further, Defendant has failed to establish...

Excerpt: ...lding Services (1992) 11 Cal.App.4 th 1383, 1389.) In light of the totality of the claims alleged and the evidence presented at trial, the court finds that Plaintiff's discrimination claim was not “frivolous, unreasonable or groundless, or that the plaintiff continued to litigate after it clearly became so.” A prevailing Defendant in an action for nonpayment of wages is entitled to fees only if the court finds that the employee brought the ac...

Excerpt: ...consideration for the personal guaranty pursuant to Civil Code section 2792. (see Decl. of Paul Gordy ¶4,6.) There is no evidence that the prior eight transactions were secured debts backed by the personal guarantee of Mr. Gordy. The personal guaranty provided by Mr. Gordy appears to be no more than “collateral security given for an old debt by the Corporate Defendant, and was not obligatory in the absence of new consideration.”(See, Chaffee...

Excerpt: ...e § 452, that supports their request for judicial notice, and the document is not properly authenticated. The Court also declines to take judicial notice of the Website of the State Bar of California regarding Legal Specialization, on the grounds that it is not relevant for the purposes of this demurrer. Plaintiff's Request for Judicial Notice: The Court also declines to take judicial notice of the Court records in Case No. 14FL000385, attached ...

Excerpt: ...urt will not overlook the failure of plaintiff to carefully review and follow procedural rules. The Court DENIES the request to quash the deposition subpoenas issued to Mel-O-Dee, but GRANTS, in part, the request for protective order as to the Subpoena served on Mel-O- Dee. The request is overbroad and seeks documents that are not relevant to the issues in this litigation. Although Defendant contends in Opposition that Plaintiff's 8/29/17 Demand ...

Excerpt: ...diction to rule on a request for attorney's fees included in an anti-SLAPP motion, after a dismissal. (See Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App.4 th 869, 879). Defendant may separately file a Motion for Attorney's Fees, pursuant to this provision, identifying the requested amount. The Motion is DENIED as to the Second Cause of Action, on the basis Defendant failed to demonstrate the claim was entitled to protection under C.C....

Excerpt: ...mit the RFA in full as to the damages suffered by Plaintiff as a result of the accident, because he had insufficient information at the time; that the IME of Plaintiff was conducted on 5/16/17, and the report had not yet been received from the examining doctor. Defendant essentially admitted to RFA No. 9. While Defendant failed to admit to RFA No. 7, that Plaintiff was injured as a result of Defendant's negligence, Defendant explained that inform...

Excerpt: ...or this corporation. (See ¶11 of Petition and Exhibit D [a copy of the business card is attached to the letter provided as Exhibit D]). Petitioner offers no testimony or evidence which establishes the validity of the statement on the business card. Additionally, while Petitioner alleges NAF is a subsidiary of SCAC, a fact which would entitle her to inspect its records pursuant to Corporations Code §1601 and §1602, this allegation is made on �...

Excerpt: ...d on the Demurer to the Second Amended Complaint were previously raised on the Demurrer to the First Amended Complaint. The court previously considered the merits of the contentions raised after reviewing the underlying contract attached to the Complaint and the factual assertions set forth in the First Amended Complaint. A successive demurrer on previously overruled matters is improper because the court is foreclosed from rendering a new determi...

Excerpt: ...er in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer." (Code of Civil Procedure section 430.41(a).) This meet and confer requirement is mandatory. (See Code of Civil Procedure section 430.41(a) which states "the demurring party shall meet and confer...") The parties are ordered...

Excerpt: ... entitled to their costs on this appeal.” On 2/23/18, the Remittitur was issued which specifies that “Respondents to recover costs.” Respondent/Defendant Three Arch Bay Community Services District filed its Memorandum of Costs on Appeal seeking a total of $452.70 (Filing fees of $445.20 and preparation of the original/copies of clerk's transcript or appendix of $7.50.) Respondents/Defendants John and Lynn Chaldu filed their Memorandum of Co...

Excerpt: ... as a prevailing party in this action for breach of contract, is entitled to reasonable attorneys' fees. Plaintiff submits evidence demonstrating that number of hours expended on the litigation and the hourly rate charged are reasonable. (See Adams Decl., ¶¶ 4-6, Exhs. 2-3.) It appears that that hourly rate and the time expended on this case are reasonable. Defendants did not oppose the motion thereby impliedly conceding to the merits of the mo...

Excerpt: ...l notice.” (See C.C.P. §437). In this instance, Defendants have cited no language in the Complaint which supports their conclusions. Moreover, Defendants did not submit a Request for Judicial Notice. Consequently, the Motion is wholly unsupported. Additionally, while Defendants assert the claims are barred due to a discharge in bankruptcy, Defendants offer no citations to the relevant bankruptcy law. At most, Defendants cite Stafford v. Schult...

Excerpt: ...are cautioned that in the future the Court may continue their motions if efforts to meet and confer have not been fully met. However, in the interest of time, the Court shall proceed in ruling on the merits. The two demurrers are essentially the same, so the tentative ruling addresses both motions. Stretch Solutions, LLC's demurrer to the Complaint is SUSTAINED with 10 days leave to amend. Defendant Zenith Manufacturing, Inc.'s demurrer to the Co...

Excerpt: ...the property.” (See Demurrer, p. 6, lines 13-2.) This, however, is outside the four corners of the FAC as the FAC does not make any allegations as to whether Plaintiff was kicked out of the Property or whether he continues to reside there. The FAC alleges damages in paragraph 13, 15, ad 16. As to the 2 nd cause of action for slander per se, Defendant contends this cause of action fails because “slander” is defined as an “oral publication�...

Excerpt: ...and Cold v. Burns Intern. Sec. Services (District of Columbia 1997) 105 F.3d 1465, 1468; See also McManus v. CIBC World Markets Corp. (2003) 109 Cal.App.4 th76, 102). The Court notes, additionally, that Defendants indicate they are “prepared to pay the costs associated with Arbitration…” (See Reply: 8:21-22). Lastly, the action shall be stayed pursuant to C.C.P. §1281.4. Moving party to prepare Notice and Order. Case will be reset for Arbi...

Excerpt: ...n that has acquired the assets of a predecessor corporation that was subject to California jurisdiction on the cause of action sued upon where either: (1) the out-of-state corporation expressly or impliedly assumed the liabilities of the predecessor corporation; (2) the transaction amounts to a consolidated or merger of the two corporations; (3) the purchasing corporation is merely a continuation of the selling corporation; or (4) the transaction...

Excerpt: ...his mistake on 1/11/18. (Motion, Horn Decl., ¶¶ 5-6.) Although the relief sought is not available under CCP §473(b), because more than six months passed since the default judgment was entered, the Court will treat this motion as a motion for equitable relief and grant the motion. Plaintiff to give notice and prepare Order. ...

Excerpt: ...counsel intended to supplement, and did provide supplemental responses, and responses were received one day after motion papers were filed. Defense counsel could have extended the deadline by one day before filing the instant motions which would have avoided the necessitated of a hearing on these motions. Plaintiff to give notice. ...

Excerpt: ...acility. 2. Motion to Strike Portions Of First Amended Complaint Plaintiffs' stipulate that paragraphs 3-5 in the prayer for relief is stricken as it relates to the negligence cause of action. The remainder of the motion to strike is rendered MOOT given the ruling on Demurrer. Moving party to give notice of demurrer and motion to strike. 3. Case Management Conference Court shall continue the CMC if parties submit on the tentative ruling. ...

Excerpt: ...r evidence to support defendant's contentions, then another motion may be warranted. Moving party to give notice. 2. Motion to Deem Facts Admitted This motion appears MOOT, as counsel for plaintiff testifies that a proper verification was provided to Defendant on November 9, 2017. However, pursuant to CCP 2033.280(c) sanctions are mandatory. Plaintiff and her attorney of record are jointly ordered to pay sanctions in the reduced amount of $540.00...

Excerpt: ...e. Plaintiff to give notice. ...

Excerpt: ...e for retained jurisdiction, plaintiff's remedy is to move to vacate or modify the dismissal under CCP § 473(b) for “mistake, inadvertence or excusable neglect.” (Basinger v. Rogers & Wells (1990) 220 Cal.App.3d 16, 21.) The court loses subject matter jurisdiction when an action is voluntarily dismissed (with or without prejudice). Thereafter, it has no power to enforce a settlement agreement. (Viejo Bancorp, Inc. v. Wood (1989) 217 Cal.App....

Excerpt: ...-Intervention's request as Exhibits 1 and 2. (Ev C § 452(d). The Complaint-in-Intervention by Plaintiffs-in-Intervention Adam Musavvir and Daniela D. Mussavvir is verified. (RJN, Exh. 1.) The Answer by Defendant-in-Intervention Millenium Properties Inc., however, only asserts general denials. (RJN, Exh. 2.) A general denial is not sufficient to controvert a verified complaint: i.e., a verified complaint must be denied positively or according to ...

Excerpt: ......

Excerpt: ...n. Children's Hosp. & Med. Ctr.v Bonta (2002) 97 CA 4 th 740, 774. Pre-judgment interest is being sought from 2-1-09 to the date of judgment on 1-19- 2016. Plaintiffs sought recovery in the amount of $1.7 million, and the jury returned a verdict of $1,225,000.00, which does not represent the original investment of $1.5 million or the full investment of $1.7 million. It is uncertain how the jury arrived at this figure, and this was noted in the Co...

Excerpt: ...o Civil Code §1698(b), a contract in writing “may be modified by an oral agreement to the extent that the oral agreement is executed by the parties.” (Emphasis added). To the extent Complainants allege breach of an agreement to accept future reduced payments, the same was unexecuted and violates Civil Code §1698. (See ¶29 of FACC; See also Stoltenberg v. Harveston (1934) 1 Cal.2d 264, 266 and Hunt v. Smyth (1972) 25 Cal.App.3d 807, 820). F...

Excerpt: ...Court (2008) 158 Cal. App. 4th 1242, 1254.) “Discovery may be prohibited where the information violates the right to privacy and is not necessary to the prosecution of the matter.” (Id.) The Court DENIES the Motion as to the two current employees identified. Defendant provided a response to Form Rog No. 12.1 and provided the business address and telephone number for its current employees. There is no requirement in Form Rog No. 12.1 that the ...

Excerpt: .... Proc. § 2033.280.) Plaintiff is ordered to serve his verified responses, without objections, to Defendants' First Set of Form Interrogatories, Special Interrogatories and Demand for Inspection and Production of Documents within 10 days of the notice of ruling. (Code Civ. Proc. §§ 2030.290, 2031.300.) Reasonable monetary sanctions of $1,460.00 [4 hours @ reasonable hourly rate of $350 + $60 filing fee] are imposed against Plaintiff, payable w...

Excerpt: ... a loan modification at least three times. Plaintiff has failed to provide required documents. Plaintiff has been approved twice for a short sale, but plaintiff has delayed and refused to sign the documents at the close of escrow. Further, there is no evidence that Plaintiff was engaged in a loan modification process to establish a legal duty by SLS for negligence. Prevailing party to provide notice. ...

Excerpt: ...ANTED. Moving Party is to reserve a hearing date for the Demurrer, and file and serve on counsel of record and any new parties with the Proposed Demurrer to the Complaint, by March 2, 2018. The Mandatory Settlement Conference currently scheduled for 4/27/18, and the Jury Trial currently scheduled for 6/4/18, are VACATED. All discovery and motion deadlines are CONTINUED pursuant to Code. A Trial Setting Conference is set for April 10, 2018 at 8:45...

Excerpt: ...ke the imposition of sanctions unjust.” (See C.C.P. §2023.030(a) and C.C.P. §2031.310(h)). The Court notes Plaintiff did not attempt to meet and confer, after obtaining an extension for filing the instant Motion. (See Petersen Declaration). The communication offered by Plaintiff as Exhibit C to the Petersen Declaration indicates Defense Counsel granted an extension and communicated an intent to Supplement. Based on the same, it appears likely...

Excerpt: ...ns against Defendant in the amount of $1,860.00, which is also due within 30-days. Moving Party is to give notice. 2. Motion to Compel Response to Requests for Admissions; Plaintiff Southern California Gas Company's Motion to Compel Defendant Dutra Construction Co., Inc. to Provide Further Responses to Plaintiff's First Set of Requests for Admissions, Nos. 1-6, is GRANTED. The Court compels Defendant to provide a verified further response within ...

Excerpt: ... Denial of leave to amend is appropriate where inexcusable delay and probable prejudice to the opposing party is shown. (Estate of Murphy v. Gulf Ins. Co. (1978) 82 Cal.App.3d 304, 311.) Here, both of these elements are lacking. The new cause of action is not being sought to cause unwarranted delay. The new cause of action simply adds another basis to impose liability on this Defendant – probably one that the lawyer discovered after the initial...

Excerpt: ...e same terms as the TRO, to remain in effect until the property is seized by the levying officer. [CCP § 513.010(c)]. No undertaking, as Defendant has no interest in the subject vehicles. CCP§515.010(b). Clerk to give notice. ...

Excerpt: ...e also ¶4 and ¶53-¶56 of FAC, ¶2 and ¶5 of Makemson Declaration and ¶3 and ¶6 of Walden Declaration). As a nominal defendant the corporation stands in conflict with the insider defendant who is being accused of fraud. Court issues no order regarding outside counsel for the corporation but notes that the Court in Forrest concluded that outside counsel for the corporation is the better approach while the corporate attorney represents the ins...

Excerpt: ...terrogatory No. 3 and DENIED, as to Special Interrogatory No. 4. The Court finds Plaintiff's response to Special Interrogatory No. 3 was evasive and incomplete and orders a further verified response, absent objections, within 15 days-notice of this order. No order of sanctions. Moving party to give notice. ...

Excerpt: .... Guide Civ. Pro. Before Trial Ch. 8F-3 [The Rutter Group] at 8:956.1.) The objection based on “burdensome and oppressive” will not lie solely on the basis of the number of questions asked; other reasons must be shown. (Id. at 8:1099.) Plaintiff is ordered to respond to the discovery within 45- days. Trial scheduled for March 12, 2018 will be continued, and counsel should come prepared to discuss a future trial date. All discovery and motion ...

Excerpt: ... the decedent, and to assert a cause of action for wrongful death. The proposed First Amended Complaint is attached to the moving papers. The motion is not opposed. Plaintiff is ordered to file and serve on all counsel of record and any new parties the First Amended Complaint within (5) five days from notice of this hearing. Plaintiff to give notice. 2. Case Management Conference To be continued by Court. ...

Excerpt: ...y, we deem plaintiffs to have abandoned the issue.”].) In addition, the 1 st cause of action for breach of contract appears to be time-barred (Code of Civ. Proc., § 339.) In addition, for the 3 rd cause of action, it is fatally unclear what “intentional tort” Plaintiff is asserting against Defendants. Assuming Plaintiff is asserting some sort of conversion claim, the conversion claim appears to be time- barred. (Code of Civ. Proc., § 338(...