Excerpt: ...e terms of the settlement." (Code Civ. Proc. S 664.6, subd. (a).) Here, Plaintiff proffers evidence it entered into a settlement agreement with Defendants Charles R. Brewer and Cavalier Ventures, Inc., as reflected in a written Stipulation For Entry of Judgment (the "Stipulation"). (ROA 216 [Berke Decl. at 2, Exh. A1.) The Court retains jurisdiction to enforce the terms of the settlement in the Stipulation. (ROA 172.) Among other terms, the Stipu...

Excerpt: ...edite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel.” (Cal. Rules of Court, rule 3.400(a).) Relevant herein, among the factors to be considere d i n d e c i d i n g w h e t h e r a n a c t i o n i s c o m p l e x , is whether an action is likely to involve “[n]umerous pretrial motions raising difficult or novel legal issues that will be time-consuming to resolve” and “[m]anag...

Excerpt: ... on appeal must be claimed and contested pursuant to Judicial Council rules]. As a general rule, the party “prevailing” on appeal is entitled to recover costs on appeal. [CRC 8.278(a)(1)]. Here, the Court of Appeal held that Defendant was the prevailing party: “Respondent is to recover its costs on appeal.” (ROA 446). The actual assessment and recovery of costs occurs in the trial court, in accordance with the procedure prescribed by CRC ...

Excerpt: ...ortium claims. The court notes that in the prior Motion heard on 7/27/23, Respondents represented that they intended to seek a transfer of this action to a different venue. (ROA 8, fn. 1). No motion to transfer venue has been filed. However, venue rules are not jurisdictional. This means that if the action is filed in an “improper” court, and no objection is raised, that court can render an enforceable judgment. (Barquis v. Merchants Collecti...

Excerpt: ...d her counsel, Daniel Park. “Disobedience of any lawful judgment, order, or process of the court” is contempt of the authority of the court. (Code Civ. Proc., § 1209, subd. (a)(5).) “The substantive issues involved in a contempt proceeding are (1) the rendition of a valid order, (2) actual knowledge of the order, (3) ability to comply, and (4) willful disobedience.” (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784.) “A contempt p...

Excerpt: ...errogatories [ROA #37]; 3. to compel verified responses without objections to Requests for Production of Documents (“RFPs”) [ROA #38]; and 4. to deem admitted the RFAs served on Respondent and ordering her to pay sanctions of $572. [ROA #39.] As to motion no. 1, Petitioner's counsel should be prepared at the hearing to confirm whether or not responses to the Form Interrogatories were, in fact, previously served. Motion no. 2 is denied. Motion...

Excerpt: ...rd Services, N.A. sued Defendant James T. Hoang for account stated/ money lent. (ROA 1) Defendant never appeared in this case. But shortly after being served, the parties settled this matter. On 4/11/12, Plaintiff filed a Notice of Settlement. (ROA 9) On 3/27/13, Plaintiff filed a Notice of Dismissal, which included the following language: “However, court retains jurisdiction over the parties to enforce the settlement until performance in full ...

Excerpt: ...442, 452.] Defendant Judgment Creditor, The Regents of the University of California's motion for order awarding post-judgment costs is denied as untimely. The court did not consider Judgment Debtor's unauthorized and untimely supplemental filing. General Law for Recovery of Post-Judgment Enforcement Fees A judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Civ. Proc. Code § 685.040. Attorney's fees incur...

Excerpt: ...eks an order charging Judgment Debtor's membership interest in Keystone Industries LBC, LLC with payment of the unpaid balance of the outstanding Judgment entered on 12/9/20, which amounts to $439,928.70. As evidence to support the motion, Judgment Creditor attaches the Judgment, and states that $7,301.59 has been paid on the judgment, and the current balance with interest is $439,928.70 as of 4/8/23. (Miller Decl., ¶¶ 2, 4, Ex. A.) Counsel dec...

Excerpt: ...due 10 calendar days before the hearing. Plaintiff George Ferguson's motion for attorneys' fees is granted in the amount of $72,586.40. In a partition action, “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” (Code Civ. Proc., § 874.040.) The costs of partition include, among other items, the “[r]easonable attorney's fees incurred or p...

Excerpt: ... Insurance Company (in Texas); (5) Athens Administration; (6) State Farm Mutual Automobile Insurance Company (in Georgia); (7) Broadspire Insurances Services (in Georgia); (8) Gallagher Bassett Services, Inc. (in Illinois); and (9) CorVel Corporation. Petitioner is awarded sanctions of $1,200 against Respondent pursuant to Code Civ. Proc. § 2023.101(b), (c), and (i). Any party to the action or the witness may bring a motion to quash a subpoena a...

Excerpt: ...Total costs awarded on Defendants pre-appeal memorandum of costs [ROA #237] are $6,412.03. The prevailing party in any civil action is entitled to recover costs as a matter of right. Code Civ. Proc. §1032. To claim those, the prevailing party must file and serve a memorandum of costs within 15 days from the date the clerk (or any party) mails out notice of dismissal or entry of judgment. CRC 3.1700; Daniels v. Robbins (2010) 182 Cal. App. 4 th 2...

Excerpt: ... “Respondents” or “LITALIEN”) to include additional sums for Petitioners as follows: (1) Expert costs of $81,988.80; (2) Arbitration fees of $63,471.95; and (3) Attorney fees incurred in defense of the LITALIEN's claims of $100,000 (based on 500 attorney hours at a reduced billing rate of $200/hour). Petitioners also seek an order confirming the Amended Final Award (which grants BBC the sum of $162,712.39[1]) “as corrected” which woul...

Excerpt: ...etitioner to file a proof of service in compliance with CCP sections 1290.4 and 1293. Section 1290.4, subdivision (a) requires that “ [a] copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.” (Italics added.) Subdivision (b) provides that if an ...

Excerpt: ... notes Respondent did not submit a proof of service showing Respondent's opposition and objections were properly served on Petitioner. Petitioner timely served and filed a reply without objecting to service. Accordingly, subject to Petitioner's objection regarding Respondent's service of the opposition papers, the petition is granted for the reasons below. Respondent's objection to Smith's Declaration, paragraph 8 and Exhibit 15 is sustained. Res...

Excerpt: ...on March 28, 2023, (ROA 1815, 1816.) ROA 1815 was directed against L&B, and ROA 1816 was directed against Bennett. The motion has since been withdrawn to the extent it seeks to tax costs in the memorandum of costs against Bennett, (ROA 1816). (ROA 1830.) Thus, the only issue remaining is whether the court should tax $299,743.55 in attorneys' fees, claimed as costs against L&B, only, on the grounds that the court struck these fees when it granted ...

Excerpt: ... brought against a government entity (or against a government employee acting in the scope of employment) unless and until a timely claim has been presented pursuant to the Government Claims Act (Gov. Code § 810 et seq.) and either acted upon or deemed rejected by the passage of time. (Gov. Code §§ 945.4, 950.2, 912.4; see DiCampli-Mintz v. County of Santa Clara (2012) 55 C4th 983, 989-990; Le Mere v. Los Angeles Unified School Dist. (2019) 35...

Excerpt: ...o plaintiffs. In 1992, § 473 was amended and the words "or dismissal" added to subdivision (b)(2). It appears that this phrase was added to the statute to give parity to plaintiffs whose attorneys' neglect, surprise, or inadvertence caused them to lose the opportunity to pursue their cases. [See Assem. Com. on Judiciary, Analysis of Assem. Bill No. 3296 (1991-92 Reg. Sess.] as amended May 4, 1992, p. 2 [“The State Bar is the source of [this] p...

Excerpt: ...ode 946.6(f); see Ard v. county of contra costa (2001) 93 CA4th 339, 343.) A. Background Facts On April 14, 2022, at approximately 7:45 p.m., Petitioner was a passenger in a vehicle that was struck from behind by an OCTA bus at the intersection of 17th Street and Broadway in the City of Santa Ana. The bus was driven by Respondent Mr. Kilstrom. Petitioner hired Purcell Law prior to the expiration of the six months claim deadline. (Purcell Decl., 1...

Excerpt: ... the descriptions of the real properties described in Exhibit 1 of the judgment, the court will ask Plaintiffs' counsel to confirm whether Defendants and Brookfield Sacramento were served with notice of the current hearing. If service and notice is confirmed, the court is inclined to grant the motion and grant the request for judicial notice as to nos. In summary, the recommendation is to grant the request for judicial notice as to nos. 1, 2, 4, ...

Excerpt: ...ompleted (i.e., the last stage being publication of the notice of seizure) to file a claim. Subsection (b)(l) goes on to state: "If at the end of the time set forth in subdivision (a) there is no claim on file, the court, upon motion, shall declare the property seized or subject to forfeiture pursuant to subdivisions (a) to (g), inclusive, of Section 11470 forfeited to the state. In moving for a default judgment pursuant to this subdivision, the ...

Excerpt: ...fendants Martin Fern and Linda Taylor-Fern, individually and as trustees of the Taylor-Fern Family Trust, and First Realm, LLC is GRANTED. "As used in [Code of Civil Procedure section 1032], unless the context clearly requires otherwise: (1) 'Complaint' includes a cross-complaint (2) 'Defendant' includes a cross- defendant, a person against whom a complaint is filed, or a party who files an answer in intervention. (3) 'Plaintiff' includes a cross...

Excerpt: ... g, 2021, judgment for possession of the Premises was entered in favor of Plaintiff in the UD Action. (RJN, Ex. G.) On June 2, 2021, this action was filed against Defendant. (ROA 2) Tsoi failed to answer the complaint or appear. Default was entered on 8/16/21. (ROA 11) Wong appeared and filed an answer but the faced sanctions striking all affirmative defenses for failure to participate in discovery. (ROA 15, 57.) Defendants acknowledge that they ...

Excerpt: ...ng papers to set forth specific facts showing good cause justifying the discovery sought by the inspection demand. To establish "good cause," the burden is on the moving party to show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent sur...

Excerpt: ... of the person or persons who will perform the examination...and be accompanied by a meet and confer declaration under Section 2016.040." (Code Civ. Proc., S 2032.310(b).) The moving party must show good cause for the mental examination. (Code Civ. Proc., S 2032.320(a).) If the Court grants the motion, the order "shall specify the person or persons who may perform the examination, as well as the time, place, manner, diagnostic tests and procedure...