Excerpt: ...actions by the security guards to the entity defendants, including this moving party; fails to allege sufficient specific facts to support liability against an employer and/or entity; or to show what this moving party did, or did not do, so as to justify the imposition of punitive damages. Plaintiffs are granted 10 days leave to amend. Moving party to give notice. ...

Excerpt: ... from service of a notice of ruling by moving party. In addition, plaintiff NCMGI is awarded sanctions of $2,320.00, pursuant to C.C.P. § 2030.300(d), payable by defendant Cash Flow Investment Partners LLC within 30 days. The court notes that co-defendant Scott Kohn was not a party to this set of discovery and is not an attorney of record for defendant Cash Flow. 2) Plaintiff Natural Concepts Marketing Group Inc.'s motion to compel further RFPD ...

Excerpt: ...xh. B [Sonnek Depo., 37:3-17]), and thus, that plaintiff has standing to maintain his claims. “Where the legal title to property is vested in the trustee, it is unnecessary to state in the complaint the means by which plaintiff acquired it, and so far as concerns the defendant he is the real party in interest and may sue in his own name.” (McKoin v. Rosefelt (1944) 66 Cal.App.2d 757, 768; see O'Flaherty v. Belgum (2004) 115 Cal.App.4th 1044, ...

Excerpt: ...d violations of the Dodd-Frank Act, which applies only to residential mortgages; however, the exhibits attached to the FAC showed that the loan was a business loan. [See 4-19-18 minute order (ROA No. 87).] However, the SAC does not include any exhibits, and MPs have not properly requested judicial notice of any documents showing that the subject loan was not a residential mortgage. Moreover, even if the SAC included the same exhibits as the FAC, ...

Excerpt: ...s remedy would be a motion for protective order per CCP 2025.420(a) If not moot, as to any documents that have not been produced by the respective custodians, plaintiff Tonya Cartwright's motion to quash is granted in part, pursuant to C.C.P. § 1987.1, as to modifying the scope of each of the subpoenas. The three subpoenas issued to health care providers of plaintiff Cartwright are protected by plaintiff's right of privacy except as to condition...

Excerpt: ... until well after the 45 day statutory limit. To the extent the email exchange between counsel that occurred on May 13, 14 constitutes a written stipulation to continue the 45 day statutory deadline, the extension was only through May 28, 2018. This motion was not filed until June 15, 2018. The court notes the notice of this motion contends the relief requested is pursuant to Code of Civil Procedure, § 2033.280. However, the substance of the mot...

Excerpt: ...tiff has agreed to produce all photographs of the location of the incident and of plaintiff's injuries taken with and stored on her cell phone in their native format, and that good cause for the subject demand and production exists. (See Rutherford Decl. at ¶¶ 13, 16-17, Exhs. 2, 10 [McGlone Depo., pp. 89-100, 234, 253]; see also id. at ¶¶ 7, 8, 10-12, Exhs. 5, 6, 8, 9 [demonstrating sufficient meet and confer effort]; Code Civ. Proc., § 202...

Excerpt: ... Declaration of Hiroshi Takahashi. 1-2 Overruled. Declaration of Arjun Sivakumar. 1. Sustained, lack of foundation. Defendants Optimum Power Conversion, Inc.'s and Slobodan Cuk's Motion For Summary Judgment and or Summary Adjudication of Issues is DENIED, on the grounds that Defendants failed to meet their initial evidentiary burden on three of the noticed issues, and on the grounds that triable Issues of material fact exist that preclude grant o...

Excerpt: ...t on a motion for attorney fees allegedly filed by the plaintiff that the referee declares is pending for the same time as the hearing on this motion. (See Griswold Decl. at ¶¶ 9-11.) No such motion has been filed, however, and as such, nothing proves up or supports the request that certain encumbrances and/or costs and expenses be allocated solely and exclusively to the defendant. (See id. at ¶¶ 10-11.) This motion also requests approval of ...

Excerpt: ...cheduled for 1/28/19 or such date as is agreeable to defendants/cross-complainants. The decision to bifurcate is discretionary with the trial court. Per CCP 1048(b) the court is guided by principles of judicial economy and due process. The recent filing of the cross-complaint (as amended) has inhibited discovery and the right to bring dispositive motions amongst the parties to the cross-action. This alone might have justified a trial continuance,...

Excerpt: ...st cause of action for breach of contract. As this court held in the previous demurrer, the breach of contract claim has properly been stated against the entity defendants. CRC Rule 3.1320 mandates the caption of the demurrer name the party filing the demurrer and the name of the party whose pleading is the subject of the demurrer. The notice of this demurrer states two entity defendants, as well as five individual defendants are bringing the dem...