Excerpt: .... Proc. § 2023.020, subd. (g)). Code Civ. Proc. 2023.030 provides for the following sanctions for a party's failure to comply with an order to provide discovery: (i) imposition of monetary sanctions; (ii) imposition of evidentiary sanctions; (iii) imposition of issue sanctions; (iv) issuance of an order barring introduction of evidence; (v) issuance of terminating sanctions; and (vi) contempt. (See Code Civ. Proc. § 2023.030, subd.(a) – (e))....

Excerpt: ...re capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy”]. (See Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145-1146 [private party documents not proper matters of judicial notice].) Further: “The hearing on demurrer may not be turned into a contested evidentiary hearing through the guise of having the court take judicial notice of documents whose truthfulness or pr...

Excerpt: ...rose, LLC defaulted in repayment of the loan guaranteed by Plaintiff and the Defendant foreclosed upon the Hollywood real property, resulting in a $975,000.00 deficiency (Id. ¶¶ 10 & 11); (d) Defendant obtained a LACSC money judgment against Plaintiff on the deficiency in the sum of $911,077.38 (Id. ¶¶ 11-14, Exh. C); (e) During the pendency of the LACSC action, Defendant initiated nonjudicial foreclosure against the Newport Beach Property un...

Excerpt: ...roc., § 2031.320, subd. (a).) Rickard is ORDERED to produce all responsive documents to plaintiffs' first set of requests for production, Nos. 1, 2, 4, 5, 7, 8, 17, 18, 21, 23-28, 30, 31, 33, 35, 47, 53, 59, 62, 63, 67, 68, and 78, within 15 days of service of this order. The motion is denied to the extent it seeks an order compelling Rickard to produce documents with respect to request Nos. 3, 19, 20, and 22. Rickard's responses to request Nos....

Excerpt: ...4 Overruled 5. Sustained, lack of foundation 6-9 Overruled. 10. Sustained, hearsay. 11. Overruled. The Defendants' motion seeks to set aside the judgment in this action and conduct a new trial. The court construes this motion as one seeking a new trial. A motion for new trial may be made under the provisions of Code Civ. Proc., §§ 656 to 663.2 and 914 in any California superior court. (Code Civ. Proc., § 655). A new trial is a re-examination o...

Excerpt: ...he FAA governs any disputes, the CAA governs procedures. (See ibid.; Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899, 922.) Here, Alta Gardens' motion is based on two arbitration agreements entered into between Alta Gardens and decedent Nu Luu (decedent) on March 13, 2018. (See Gonzalez Decl. ¶¶ 6-7, Exs. A-B.) Both agreements call for the application for the “Rules of Civil Procedure ... for the state in which the Center [Alta Gar...

Excerpt: ... signed by such an agent. (Goldman v. SunBridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1173 (Goldman); Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1130, fn. 6 (Young); see Eusey Decl. ¶¶ 4, 6-8, 14, Ex. A.) Emeritus has not met this burden. Emeritus has failed to submit any competent evidence of an actual agency between decedent Lois Christie (Christie) and her purported agent, plaintiff Donna Lewis (Lewis). There is no durab...

Excerpt: ...th Care Dist. v. Sierra View Med. Plaza Assocs., LP (2005) 126 Cal.App.4th 478, 484). Plaintiffs/Cross-Defendants (hereinafter referred to collectively as “Plaintiffs”), have presented admissible evidence of juror misconduct. It is misconduct for jurors to communicate to fellow jurors special personal knowledge or experience on the matters at issue. (See Smith v. Covell (1980) 100 Cal.App.3d 947, 953). Plaintiffs' evidence establishes that ju...

Excerpt: ...ight to foreclose. Based upon the current state of law on this issue, plaintiffs (as strangers to the subject mortgage loan, much less borrowers) lack standing to challenge the assignment of the subject Deed of Trust. (See Kalnoki v. First American Trustee Servicing Solutions, LLC (2017) 8 Cal.App.5th 23). Unlike the plaintiffs in Yvanova v. New Century Mortgage Corp. (2015) 62 Cal.4 th 919; and Glaski v. Bank of America (2013) 218 Cal.App.4th 10...

Excerpt: ... judgment in California under the Sister State Judgment Act (the “Act”) , or maintain an action in equity to enforce the out of state judgment. (See Code Civ. Proc. § 1913; Conseco Marketing, LLC v. IFA & Ins. Services, Inc. (2013) 221 Cal.App.4th 831, 838). The out of state judgment Plaintiff seeks to enforce in the 2 nd, 3 rd, and 4 th Causes of Action is against Thomas w. Price and Hyun J. Um, not the named Defendant Equity Funding, LLC o...

Excerpt: ...by such an agent. (Goldman v. SunBridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1173 (Goldman); Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1130, fn. 6 (Young); see Eusey Decl. ¶¶ 4, 6-8, 14, Ex. A.) Emeritus has not met this burden. Emeritus has failed to submit any competent evidence of an actual agency between decedent Lois Christie (Christie) and plaintiff Donna Lewis (Lewis). (See Eusey Decl. ¶¶ 2, 4, 6-8, 14, Exs. A, B...

Excerpt: ...efects that appear on the face of the pleading, or from matters outside the pleading of which judicial notice has been properly requested].) The request for judicial notice filed on 02/20/20 by defendant Rahgoshay is denied on the grounds that it is untimely in support of the demurrer, and constitutes improper new evidence submitted with a reply. Moving party to give notice. 2. Defendant Abhari's demurrer to plaintiff's second amended complaint. ...

Excerpt: ...f contract, and twelfth cause of action for quasi-contract/unjust enrichment. Plaintiff has not alleged these causes of action against Taryn Garett or Rick Granados; they are alleged solely against defendant Kevin Garrett (hereinafter, Garrett). (See TAC at pp. 16, 19, 25.) First cause of action for “breach of contract – failure to compensate [plaintiff] for the book of business.” The first cause of action is based on a client nonsolicitati...

Excerpt: ...he breach of fiduciary duty cause of action as alleged in the 3 rdAC has a three year statute of limitations. “[i]n order to rely on the discovery rule for delayed accrual of a cause of action, ‘[a] plaintiff whose complaint shows on its face that his claim would be barred without the benefit of the discovery rule must specifically plead facts to show (1) the time and manner of discovery and (2) the inability to have made earlier discovery de...

Excerpt: ...are no facts alleged to support liability against these moving parties on the basis of conspiracy. (Doctors' Co. v. Superior Court (1989) 49 Cal.3d 39, 44 [“[a] cause of action for civil conspiracy may not arise … if the alleged conspirator, though a participant in the agreement underlying the injury, was not personally bound by the duty violated by the wrongdoing and was acting only as the agent or employee of the party who did have that dut...

Excerpt: ...ories 7.1 and 7.2 have been answered and there is no need for resolution by this court. Interrogatory 9.2 asks for the identity of documents supporting the existence of damages claimed in 9.2 In response, plaintiff objected that documents contained confidential and private financial information and that he would “produce the documents after execution of a stipulated Protective Order.” During the meet/confer process a proposed protective order...

Excerpt: ... Warranty is sustained, with leave to amend, for failure to state sufficient facts to constitute a cause of action. (C.C.P. §430.10(e)). This cause of action is time-barred. (Kreiger v. Nick Alexander Imports, Inc. (1991) 234 Cal.App.3d 205, 213 [four-year statute of limitations under Cal. Comm. Code 2725 applies to claims under Song-Beverly Act]; Commercial Code §2725(2) [“breach of warranty occurs when tender of deliver is made']; Cardinal ...

Excerpt: ...as the burden to demonstrate both violation of the court's orders, and that such violation was willful. (R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4 th 486, 495). The court finds that defendant's evidence establishes violation of at least two different court orders by plaintiff to provide discovery, and that the plaintiff's failure to comply was willful. The evidence also establishes a pattern of conduct by plaintiff designed...

Excerpt: ...ed the moving papers to plaintiff on 9-4-19. (Notice of motion at 2:16-17.) However, there is no proof of service on this date, and no other evidence that defendant in fact served the moving papers on this date; defendant attorney's declaration is silent on this point. [On the other hand, plaintiff's opposition does not dispute “safe harbor” compliance.] Second, defendant has not shown that the complaint violates CCP 128.7(b). Defendant argue...

Excerpt: ...met its burden showing it is not a covered employer subject to the FMLA. Plaintiff has not raised a triable issue of fact thereto. First cause of action for disability discrimination Plaintiff can establish a prima facie case for unlawful discrimination by providing evidence that:  he was a member of a protected class;  he was performing satisfactorily at work;  he suffered an adverse employment action; and  some circumstance suggests...

Excerpt: ...) too high based on their experience levels and has allowed $350 and $50, respectively. The court declines to reduce the charges that were “block billed” as the entries provide adequate information for the court to fairly review the hours for reasonableness. However, the court did find a number of entries for which the time charged was unreasonable, unnecessary, and duplicative. The amount claimed has been reduced accordingly. The request for...

Excerpt: ...ed as he did if he had known of the concealed or suppressed fact, and plaintiff's resulting damage with the level of specificity required to allege a cause of action sounding in deceit. Plaintiff to file and serve an amended complaint within ten days. Plaintiff's request for judicial notice is granted. Moving party to give notice. 2. Plaintiff's motion for reconsideration. Motion denied. Plaintiff's motion fails to: (i) Be based upon new or diffe...

Excerpt: ...dequately allege the elements of the plaintiff's right to payment of specific amount. To the extent that sixth cause of action sounds in constructive fraudulent transfer, the FAC fails to adequately allege the elements of: (i) that the debtor did not receive a reasonably equivalent value in exchange for the transfer/obligation; and (ii) that the debtor was insolvent at that time or became insolvent as a result of the transfer or obligation. The d...

Excerpt: ...to the plaintiffs' occupancy (UMF 20); the room was inspected by a pest control vendor on 3/7/12, 2/25/13, and 1/29/14 finding no bedbugs (UMF 25); the defendant had an intensive program to detect and treat bedbug infestation (UMF 1-17); and the room has been inspected numerous times since the plaintiffs' occupancy without finding bedbugs (UMF d8.) Turning to the opposition, first, the opposing party's separate statement must state unequivocally ...

Excerpt: ...ice of Intention to Move for New Trial. (CCP 12a(a).) However, plaintiff did not do so until 8-1- 19. Plaintiff's Notice of Intention to Move for New Trial is two days late. As defendant County served its Notice of Entry of Judgment by mail, plaintiff may have been under the impression that she had an additional five days, pursuant to CCP 1013, to seek a new trial. However, as noted above, the time requirements of CCP 659 are not extended based o...