Excerpt: ...eing publication of the notice of seizure) to file a claim. Subsection (b)(1) 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 state or local governmental en...

Excerpt: ...s that the notice of motion must state the grounds for the order being sought and courts generally may consider only the grounds stated in the notice of motion. (Kinda v. Carpenter (2016) 247 Cal.App.4th 1268, 1277.) The purpose of the notice requirements is to cause the moving party to sufficiently define the issues for the information and attention of the adverse party and the court. (Id.) Garcia's notice of motion only states that Garcia's “...

Excerpt: ...chose not to respond to the Petition. (ROA 21) Legal Standard “The Mandatory Fee Arbitration Act (MFAA), under Business and Professions Code section 6200 et seq., provides a quick and inexpensive method for clients, at their option, to resolve fee disputes with their attorneys.” (Law Offices of Dixon R. Howell v. Valley (2005) 129 Cal.App.4th 1076, 1083; Bus. & Prof. Code, § 6200, subd. (c) [“Unless the client has agreed in writing to arbi...

Excerpt: ...other court of record in the U.S.) Legal Standard Health and Safety Code section 17980.7(c) allows the enforcement agency to obtain the appointment of a receiver to take control of the property and to correct the violations. Specifically, it provides: “(c) The enforcement agency ... may seek and the court may order, the appointment of a receiver for the substandard building pursuant to this subdivision. (1) In appointing a receiver, the court s...

Excerpt: ... at issue, nor do they set forth the text of each request. “A motion to quash provides the trial court with the opportunity to determine whether documents should be produced pursuant to the underlying subpoena.” (In re R.R. (2010) 187 Cal.App.4th 1264, 1277, emphasis added.) The Court can hardly be called upon to quash “underlying subpoenas” that were not made a part of the record. In any event, the motions describe the subpoenas as reque...

Excerpt: ...enants, Conditions and Restrictions (“Declaration”). (Petition, ¶3, Exs. A, B, and C.) The annual membership meeting is required to be held annually within thirty (30) days of the date in which fifty-one percent (51%) of the Lots were originally sold or within six (6) months after the sale of the first Lot, whichever occurred first. (Petition, ¶5, Bylaws Article IV, section 2.) Pursuant to Bylaw Article IV, section 6, the quorum for annual ...

Excerpt: ...ntiff has the initial burden of demonstrating facts justifying the exercise of jurisdiction.” (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4 th 434, 449). “The plaintiff must provide specific evidentiary facts, through affidavits and other authenticated documents, sufficient to allow the court to independently conclude whether jurisdiction is appropriate. The plaintiff cannot rely on allegations in an unverified complaint or vag...

Excerpt: ...aniel 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 proceeding [for i...

Excerpt: ...However, the court was not previously given the language of the Policy in order to determine whether the policy contains a method for appointing an arbitrator. Federal Insurance has now provided the relevant language. (ROA 51) The court confirms that it provides no method for selecting an arbitrator. CCP §1281.6 says that “If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek...

Excerpt: ... However, the Court denies the motion as to documents in categories nos. 2, 3, 5, 6, 11, 15, 19, 20 and 33 Judgement Debtor (Liveyon Labs, Inc.) has not responded to the motion. However, the JDE witness, Roya Panah has opposed the motion asserting primarily the Fifth Amendment privilege against self-incrimination. Panah also raises a procedural challenge asserting the motion “is improper and defective because [Judgment Debtor] has been forfeite...

Excerpt: ...en acted upon by the board, or has been deemed to have been rejected by the board…” Additionally, pursuant to Government Code §911.2(a), a claim for death or personal injury shall be presented “not later than six months after the accrual of the cause of action.” When a claim that is required by Government Code §911.2 to be presented not later than six months after the accrual of the cause of action is not presented within that time, a w...

Excerpt: ... effective decision making by the court, the parties, and counsel.” (Cal. Rules of Ct., Rule 3.400(a).) “With or without a hearing, the court may decide on its own motion, or on a noticed motion by any party, that a civil action is a complex case or that an action previously declared to be a complex case is not a complex case.” (Cal. Rules of Ct., Rule 3.403(b).) Rule 3.400(b) provides: In deciding whether an action is a complex case under ...

Excerpt: ...ty and has been acted upon by the board, or has been deemed to have been rejected by the board…” Additionally, pursuant to Government Code §911.2(a), a claim for death or personal injury shall be presented “not later than six months after the accrual of the cause of action.” When a claim that is required by Government Code §911.2 to be presented not later than six months after the accrual of the cause of action is not presented within t...

Excerpt: ...ook title to the Property on July 9, 2012 and the Grant Deed was recorded in the Official Records of Orange County on July 27, 2012, as Document Number: 2012000429418 (Orey Decl., 16, Ex. B.) The CC&Rs were recorded in 1982. (Orey Decl., Ex. A.) Pursuant to Article IX, Sections 9.08, 9.25, and 9.26, of the CC&Rs, Respondent became obligated to pay periodic assessments to the Petitioner as of that date. (Orey Decl., ¶5, Ex. A.) Beginning on or ab...

Excerpt: ...uit against a public entity.... [A] plaintiff must timely [present] a claim for money or damages [to] the public entity. (§ 911.2.) The failure to do so bars the plaintiff from bringing suit against that entity. (§ 945.4.)” [Citation.] ... [¶] ‘Claims for personal injury must be presented not later than six months after the accrual of the cause of action .... (§ 911.2, subd. (a).) ... [¶] ...' [¶] ... However, ‘if the injured party fa...

Excerpt: ...ain language states that, if an anti-SLAPP motion is frivolous, then ‘the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” (Changsha Metro Group Co., Ltd. v. Peng Xufeng (2020) 57 Cal.App.5 th 1, 8). “Thus, the procedure of section 128.5 controls the award of attorney's fees for a frivolous anti-SLAPP motion.” (Id.). Similarly, the reference to C.C.P. §128.5 requi...

Excerpt: ...C and entered into a written agreement to dissolve and wind-up Petitioner. After filing the Certificate, Petitioner discovered Petitioner would be responsible for $26,250 in documentary transfer taxes. Petitioner's members now request Petitioner be reinstated. Government Code section 12261 provides as follows: (a) The Secretary of State shall reinstate to active status on its records, a business entity for which a court finds any of the following...

Excerpt: ...sq. and Demerie Edington CMCA, although referenced is both declarations. Further, the Petition and accompanying Application ask for an order to serve the Notice of Default and notice of the Association's vote to foreclose pursuant to Civil Code section 5705(d) by publication. However, the court is missing documents not referenced or included with the briefing. The first step in a residential common interest development's association imposing a li...

Excerpt: ...PM for submission of further evidence demonstrating the timely filing of the disputed claim. Generally, the Government Claims Act (Gov. Code, § 810, et seq.) provides that no suit for money or damages may be brought against a local public entity until a written claim asserting the cause of action has been presented to the public entity and has been rejected or deemed rejected by it. (Gov. Code, §§ 905, 945.4.) The purpose of the Government Cla...

Excerpt: ... two prior orders of this Court to provide requested discovery. The most recent order was issued on 9/16/2021 and warned that a subsequent failure to comply with that order to respond might result in a dismissal of the Claim and hence forfeiture of the funds in question (approximately $1482). The instant motion was initially heard on 1/13/22 and continued because Petitioner did not sufficiently demonstrate service upon Claimant of the 9/16/2021 n...

Excerpt: ...its jurisdiction into effect. [CCP § 187.] “As a general rule, ‘a court may amend its judgment at any time so that the judgment will properly designate the real defendants.'....” (Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 508.) Usually, such amendments are: (1) to add a nonparty alter ego as a judgment debtor (see Tokio Marine & Fire Ins. Corp. v. Western Pac. Roofing Corp. (1999) 75 Cal.App.4th 110, 116; Hall, Goodhue, Haisley & ...

Excerpt: ...nhome Owners Ass'n, Inc. (2001) 89 Cal.App.4th 746, 752.) To utilize this “equitable” procedure, the court must find that “the new party must be the alter ego of the old party,” and, “in order to satisfy due process concerns, the new party must have controlled the litigation.” (Cal. Civ. Prac. Business Litigation § 5:29, citations omitted; McClellan v. Northridge Park Townhome Owners Ass'n, Inc. (2001) 89 Cal.App.4th 746, 752 [“Suc...

Excerpt: ...operty or personal property worth more than $25,000 is subject to a judicial forfeiture proceeding. Under judicial forfeiture procedure, the attorney general or a district attorney may file a petition for forfeiture of property: (1) in the superior court of the county where the defendant has been charged with the underlying offense; (2) in the county where the property subject to forfeiture has been seized; or (3) if no seizure has occurred, in t...

Excerpt: ...e CC&Rs: “The Declarant ... and each Owner of a Lot or Condominium, by acceptance of a deed therefore ... is deemed to covenant and agree to pay to the Master Association the following Assessments which are levied by the Master Association against such Owner's Lot or Condominium: . . . shall also be the personal debt of the Owner of such property at the time when the Assessment became due.” Beginning on or about September 15, 2019 Respondent ...

Excerpt: ...ing to counsel's declaration, the defendant has been notified of Plaintiff's intent to seek to have the complaint reinstated and does not object. The question is, however, whether the court has the power to grant the relief requested under Code Civ. Proc. § 473 where the court clerk has voided the complaint's filing for failure to make timely payment. In two cases, the California Supreme Court and a court of appeal have found that when the court...