Excerpt: ...onter Decl. Ex. A (07/12/19 Offer to Compromise). Defendant offered to compromise the case for $20,000. Id. Plaintiff did not accept the offer. Defendant obtained a verdict in her favor at trial. Defendant filed a Memorandum of Costs seeking $82,359.97 in costs. Plaintiff argues that Defendant's section 998 offer is invalid because it was less than Plaintiff's medical expenses and thus had no reasonable prospect of acceptance and was not made in ...

Excerpt: ...emonstrating the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. Cal. Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51. If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. Binder v. Aetna Life Ins. Co. (1999) 75 Cal...

Excerpt: ...the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be...

Excerpt: ...ed School District move pursuant to California Civil Procedure Code § 1021.5 for awards of attorneys' fees in these five consolidated cases following the court's decision granting Petitioners' petition for writ of mandate. See 01/17/20 Judgment; 09/16/19 Statement of Decision. For the following reasons, Petitioners' motions are denied. CASH seeks an attorney's fees award of $352,735.00; Cypress and Savanna join CASH's motion. Bakersfield seeks a...

Excerpt: ...itled as a matter of right to recover costs in any action or proceeding. Cal. Civ. Proc. Code § 1032(b); see also Cal. Civ. Code § 1794(d). If the items on a verified memorandum of costs appear to be proper charges, the memorandum is prima facie evidence of their propriety and the burden is on the party contesting them to show that they were not reasonable or necessary. Foothill-De Anza Comm. College Dist. v. Emerich (2007) 158 Cal.App.4 th 11,...

Excerpt: ...summary judgment is granted. Plaintiff's application for entry of default judgments against Defendants SLC Adventures, LLC, SPN Automotive, LLC, and Steven P. Nero as Trustee of the Nero Living Trust is also granted. Plaintiff's application for entry of default judgments against Lisa Nero and Lisa L. Nero as Trustee of the Nero Living Trust is denied because Plaintiff dismissed those parties on August 20, 2020. A. Plaintiff's Summary Judgment Mot...

Excerpt: ...hose allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferred from the matters alleged or are proper subjects of judicial notice....

Excerpt: ...ion is granted in part and denied in part. The subpoena is limited as described below. The subpoena seeks (1) “[a]ny and all call logs pertaining to 911 calls associated with the Telenko residence . . . during the time period June 1, 2010 through the present;” (ii) “[a]ny and all audio files . . . pertaining to 911 calls associated with the Telenko residence . . . during the time period June 1, 2010 through the present;” (iii) “[a]ny an...

Excerpt: ...Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency...

Excerpt: ... truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be re...

Excerpt: ... truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be re...

Excerpt: ... factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reasonably infe...

Excerpt: ... (1981) 120 Cal.App.3d 622, 630-31. For the following reasons, ABM's motion is denied. A defendant seeking summary judgment bears the burden of persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff's claim. It may do this by demonstrating the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. Cal....

Excerpt: ...t Wells Fargo, with written instructions authorizing Wells Fargo to transfer $22,340 from TGNP's commercial bank account to PT General Carbon, a vendor of hookah charcoal based in Indonesia. Wells Fargo processed the written instructions and transferred the funds on March 13, 2018. After Haddadin authorized the transfer and left the bank, he returned to the bank and asked Herndon to recall the wire because Haddadin had determined that the charcoa...

Excerpt: ...o. 111 seeks production of “flirty text messages” Defendant James Grueser testified at deposition he exchanged with another Advanex employee. See Nicholas W. Hane Decl. Ex. C (at 8:1-5). Request No. 112 seeks production of “flirty text messages” Defendant Grueser testified at deposition he exchanged with Plaintiff. See id. Ex. C (11:9- 11). Advanex offers no persuasive argument that documents responsive to Request No. 112 (i.e., text mess...

Excerpt: ...en original responses are held inadequate, e.g., on a motion to compel. “Amended responses” refer to a party's service of responses correcting errors in the party's original responses or to include subsequently-discovered facts. For the following reasons, Defendant's motion is granted in part and denied in part. Form Interrogatory No. 17.1(b) asked Plaintiff to state all facts upon which Plaintiff based any response to a corresponding request...

Excerpt: ...ed her due to her alleged medical condition. Plaintiff alleges that her mental state is fragile, that her allegations are sensitive and personal, and that she will be embarrassed and retaliated against if her true name is disclosed in this lawsuit. Plaintiff and Defendants stipulated to Plaintiff's use of a pseudonym pending the court's resolution of the parties' disagreement about Plaintiff's desire to use a pseudonym throughout the case. Every ...

Excerpt: ...levant part, that “[t]he Orange County Superior Court shall retain jurisdiction pursuant to CCP section 664.6 to enforce the terms of this AGREEMENT.” Id. Ex. A (¶ 14). On January 2, 2020, Plaintiff TLM Petro Labor Force, Inc. filed a Request for Dismissal with prejudice of the “[e]ntire action of all parties and all causes of action.” The Request for Dismissal was signed by Plaintiff's counsel and Ommid's counsel. The clerk entered the ...

Excerpt: ...nts' subpoena seeks “[a]ll records reflecting payments made, including the amounts paid, in connection with any medical liens or medical care pertaining to [Plaintiff] Francisco Maldonado . . . for a date of loss of January 18, 2016.” Trafton Decl. Ex. D. The subpoena further states: “This subpoena includes documents reflecting the involvement of a factoring company or pre-settlement funding company in making payments for medical care recei...

Excerpt: ..., for a total additional attorneys' fees award of $110,801.25. Plaintiff seeks $37,087.50 for the Knight Law Group, LLP, $23,655.00 for the Altman Law Group, and $13,125.00 for Wirtz Law APC. Plaintiff also seeks costs in the amount of $29,081.93. The court addresses Plaintiff's costs award in its concurrent order on Defendants FCA US LLC and McPeek's Dodge of Anaheim's motion to tax costs. For the following reasons, Plaintiff's second motion for...

Excerpt: ...Plaintiff seeks attorneys' fees pursuant to California Labor Code §§ 218.5 and 1194(a). Plaintiff seeks $31,600 in fees for Attorney Alexander's work, $2,062.50 in fees for Paralegal Acosta's work, and $6,860.75 in costs. Plaintiff does not seek a multiplier. A. Attorneys' Fees Defendants do not contest that Plaintiff is the prevailing party or that Plaintiff is entitled to an award of attorneys' fees. Rather, Defendants argue that Plaintiff sh...

Excerpt: ...(1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the...

Excerpt: ... Civ. Code § 1708.85(a)); and ordering all parties and their agents and attorneys to use the pseudonym Jane Doe to refer to Plaintiff and the pseudonym John Doe to refer to Plaintiff Jane Doe's husband in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public (Cal. Civ. Code § 1708.85(f)(2)(A)), and to exclude or redact any identifyin...

Excerpt: ...tion for Attorneys' Fees California Civil Code §1794(d) provides that a prevailing plaintiff in a Song-Beverly case shall be allowed to recover a sum equal to the aggregate amount of costs and expenses, “including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Cal. Civ. Code § 1794(d). The plain wording ...

Excerpt: ...ruled. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurr...