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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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 �...