Excerpt: ...el. Dept. of Transportation v. Superior Court (2003) 105 Cal.App.4 th 39, 46-47; Harrison v. County of Del Norte (1985) 168 Cal.App.3d 1, 7.) Furthermore, counsel's alleged inability to obtain all documentation, and alleged failure to identify the correct entity, do not constitute excusable neglect. (Munoz, supra at 1785; Department of Water & Power v. Superior Court (2000) 82 Cal.App.4th 1288, 1295.) In the reply, moving party argues that he was...

Excerpt: ...dow. Judgment creditor has also established that he filed a copy of the application with the levying officer within the 20 day window on 1/8/18 in compliance with CCP § 704.705. However, moving party has not sufficiently addressed the admittedly questionable liens on the property. Even an apparently fraudulent lien must be provided for in the order of sale if it is superior to the judgment creditor's lien. The creditor's only recourse is to file...

Excerpt: ... potential claimants. However, the Notice of Intent to Deposit Surplus Funds was only given to three of the potential claimants; Real Time Solutions, James Robertson as Executor for Trustor, and RHFD Pebble, Inc. (Pet. Attachment 13). Under Civ. Code § 2924j(d), this notice must be provided not only to those entities /individuals who made claims with the foreclosure trustee, but also all parties with a recorded interest in the property as of the...

Excerpt: ...y (2010) 187 Cal.App.4th 175, 180.) Palmer has also failed to demonstrate he is entitled to relief under Code of Civil Procedure section 473 on the ground the judgment is void. (See Code Civ. Proc., § 473, subd. (d).) Palmer baldly contends that since the service of process via publication “did not provide [him with] actual notice” of the lawsuit “as he was living out of state,” this somehow “deprive[s] the court of jurisdiction as to ...

Excerpt: ...ice was unable to process documents because the case number did not match the records. Furthermore, the rejection notice is dated 12-1-17, which left judgment creditor with a few more days (until 12/7/17) to file the renewal application with the correct case number before the prior renewed judgment enforcement period expired. However, judgment creditor did not do so, and does not explain why. Finally, judgment creditor cites no authority allowing...

Excerpt: ...receipt of the notice or surrender possession of the Property; and (iv) that defendant is still occupying the property. First, the plaintiff's evidence fails to affirmatively establish that plaintiff is the successor in interest to the property owner identified in the Lease, or that such property owner's rights under the lease had been transferred or assigned to plaintiff. Second, the terms of the commercial lease between the parties provides tha...

Excerpt: ...1) are without merit, as the defendant is the party against whom the lease is being asserted, and is therefore the party to be charged in this matter, and defendant does not dispute that it executed the written Lease. Bed, Bath & Beyond of La Jolla, Inc. v. La Jolla Village Square Venture Partners (1997) 52 Cal.App.4th 867, 877 is distinguishable both factually, and legally, as the tenant in Bed, Bath & Beyond, who had signed the shopping center ...

Excerpt: ... Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 789. The parties here do not stand in the same relationship in this, and OCSC Case No. 30-2017-00944517. Additionally, the identical cause of action must be involved in both suits, so that a judgment in the first action would be res judicata on the claim in the present lawsuit (claim preclusion). See Bush v. Superior Court (1992) 10 Cal.App.4th 1374, 1384. While there are some overlapping factua...

Excerpt: ...ctions under Code. Civ. Proc. § 128.5 is also denied. The Notice of Motion failed to identify the parties against whom the sanctions were sought, and the specific type of sanctions requested. Respondent's evidence failed to establish the type of egregious litigation conduct by Petitioner which would support an award of monetary or other sanctions. On its own motion, the court orders Petitioner to show cause why this action should not be dismisse...

Excerpt: ...dgment, and finds this amount is not exempt from garnishment. The court further finds that claimant's remaining earnings are exempt. Regarding claimant's claimed expenses [Page 7 of Claim of Exemption], her claimed expenses for rent, food, Verizon, Spectrum, Edison, gas company, car payment, AAA [which appears to be car insurance], dental, and allergy medications, appear to be reasonable. Contrary to responding party's contentions, the amounts cl...

Excerpt: ...ope of the receivership orders by the Nevada court and such a receiver cannot be individually liable for attorney's fees and costs. See, Sealite, Inc. v. Finster (1957) 149 Cal.App.2d 617, 618. Relatedly, counsel for the receiver cannot be liable for attorney's fees and costs in association with a motion to expunge lis pendens. See, Doyle v. Superior Court (1991) 226 Cal.App.3d 1355, 1359. Hence any claim for attorney's fees and costs is limited ...

Excerpt: ..., 694; Aguilar v. Lerner (2004) 32 Cal.4th 974, 989.) Petitioner has also demonstrated compliance with the MFAA and that the respondents have waived their right to arbitrate thereunder. (Mudge Decl. at ¶ 18, 19, Exh. 1; Bus. & Prof. Code, § 6201, subd. (a).) Also, the fact that respondents may assert claims against a third party does not vitiate their obligation to resolve their existing professional disputes with petitioner through binding arb...

Excerpt: ...ition does not constitute a general appearance unless and untll the court has ruled on defendant's motion to quash. [Hopefully, the defective service will be moot if the petitioner voluntarily agrees to dismiss moving party as discussed at the hearing on the petition.] Moving party to give notice. ...

Excerpt: ...ition precedent to coverage under such policy. See Brizuela v. Calfarm Insur. Co. (2004) 116 Cal.App.4 th 578, 590; Hickman v. London Assurance Corp. (1920) 184 Cal. 524, 529-30. As the Cross- Defendants failed to oppose the motion, they failed to meet their evidentiary burden to show the existence of a triable issue of material fact. The Motion is also granted as to the Petition. The court determination that there is no coverage for the Plaintif...

Excerpt: ...responses are tantamount to no responses at all. See, Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636. Also, this court ordered claimant Timothy Hughes to serve properly verified responses, without objections, to petitioner's form and special interrogatories on 9-22-17. (See, 9-22-17 Minute Order.) Claimant Timothy Hughes is being given a final opportunity to comply with this court's order of 9-22-17 by serving properly verified answers...

Excerpt: ...tion to set aside that judgment as void only if the judgment is void on its face. A judgment or order is said to be void on its face when the invalidity is apparent upon an inspection of the judgment-roll. When a judgment by default has been entered, the judgment-roll is limited to the summons, proof of service of the summons, complaint, request for entry of default, copy of the judgment, notice of any ruling overruling a demurrer interposed by t...

Excerpt: ...xs. B-H, J-L, and N-P (Ev. 452(d)(1). Respondent's request for judicial notice is denied as to Exs. I and M. Petitioner is granted 30 days leave to amend. (CCP 438(h)(2).) Moving party to give notice. 2. Petitioner's motion to compel production of documents. Motion denied, without prejudice. Petitioner fails to provide evidence showing that the records are sought “for purposes reasonably related to the interest of that person as a member or a t...

Excerpt: ... unknown, proper service may be effected on the Clerk of the Court [not the department or judge] under CCP §1011(b). The motion is continued for this to be done. Moving party to give notice. ...

Excerpt: ...tayed to await a final judgment including resolution of all appeals. The Cotton case is distinguishable as the delay in that case was going on 5 years and the appraisers did not consider the valuation of the derivative action. The parties are to give notice when a judgment is rendered in the federal district court action so the petition to appraise value of shares can be re-set for hearing. In addition, even while the federal action is pending, t...

Excerpt: ...te. See, Rule 3.1110(a). Third, there is no supporting memorandum of points and authorities in support of judgment debtor Zavala's motion to vacate renewal of judgment. See, Rule 3.1112(a)(3). Fourth, judgment debtor Zavala has not submitted admissible evidence to demonstrate any defense to enforcement of this renewed judgment is applicable in his case. See, C.C.P. § 683.170 and Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4 th 19...

Excerpt: ...veral of the issues identified in the original petition, the subject property remains in non-compliance regarding unpermitted construction in the garage. Petitioner's request that Eric Beatty be appointed as receiver over the subject property is granted. The declaration of Eric Beatty sets forth his qualifications to serve as a receiver to rectify the issues on the subject property and his rates for such services. (CA Health and Safety Code 17980...

Excerpt: ...e of a summons, which includes: (1) notice and acknowledgement (Code Civ. Proc., § 415.30); (2) personal service (Code Civ. Proc., § 415.10); (3) if those fail, then substitute service (Code Civ. Proc., § 415.20, subd. (b)); or (4) as a last resort, publication (Code Civ. Proc., § 415.50). The petition does not attach a copy of the subject insurance policy or arbitration provision allowing notice and service of this petition by mail, and the ...

Excerpt: ...rd E. Willis could: (1) fully abate the noticed code violations, or (2) retain another real estate agent and present evidence that an agreement to sell the subject Costa Mesa property had been entered into an escrow at least opened. (See, 9-15-17 Minute Order.) Based on the evidence presented, the subject Costa Mesa home has not been brought back into compliance with the code and there is no evidence of entry into a real estate sales agreement fo...

Excerpt: ...Cal.App.3d 675, 679 to 680. Regarding defendant Just Mortgage Inc., petitioner and this defendant shall meet and confer as to whether petitioner will voluntarily dismiss Just Mortgage, Inc. If the petitioner will not do so voluntarily, the court will entertain a dispositive motion on that issue. Next, at petitioner's request, Eric P. Beatty is appointed as receiver. See, Health & Safety Code § 17980.7(c)(2). In addition, petitioner City of Santa...

Excerpt: ... contrary, as is its burden. (Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1249-1250; Korte Decl. in support of motion, Paras. 2-4, 6.) Responding plaintiff's reliance on the forum selection clause in the subject finance agreement is unavailing, as the forum selection clause here does not give sufficient notice to defendant that it was agreeing to litigate disputes in California. (Hunt v. Superior Court (2000) 81 Cal. App. 4th 901, ...

Excerpt: ...objections to evidence are: Declaration of Brendon Garrison. 1-4 Sustained, hearsay Declaration of Christopher Carmichael. 1. Sustained, lack of foundation. Regarding Ubiquity Broadcasting Corporation, that entity is a tax suspended California corporation, and lacks standing to bring this motion. See Grell v. Laci Le Beau Corp. (1999) 73 Cal.App.4th 1300, 1306. As for Defendant Ubiquity, Inc. defendant failed to meet its burden to show that the c...

Excerpt: ... an agent of the tenant in Civ. Code § 1162(b)(2). The terms of the commercial lease agreement between the plaintiff and defendant provides that notices given are effective upon “…the earliest of the following: (i) personal receipt by either party or their agent…” The third amended complaint alleges that personal delivery of the notice to quit was made upon the defendant's officer manager on 03/10/17. The court finds that an allegation t...