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: ...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: ...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: ...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: ...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: ...-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: ...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: ...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: ...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: ...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: ...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: ......

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...