Excerpt: ...cause it cannot prove damages. The plaintiff cannot foreclose on the property to satisfy the monetary penalties/reimbursements imposed here under section 5725, subdivision (b), of the Davis-Stirling Act. This argument misses the mark. A statutory cause of action may be stated whenever a transfer is made by the debtor with the intent to hinder, delay, or defraud any creditor, and which causes the creditor actual harm. Here, the second cause of act...

Excerpt: ... their case. Simply by way of example, when counsel for the defendant finally paid the sanctions, it included on the receipt the case name as “Bonilla v. Balboa Inn, LLC, et al—fckyou.” Even so, as of the date the motion was filed the defendant had not complied with this court's prior order. Defense counsel offers numerous excuses as to why his office failed to comply; but generally, he pins the blame on others, including a former associate...

Excerpt: ...on which a party bases its contention that it is not an unqualified admission. Defendant Sourced Energy denied the Requests for Admissions. Its interrogatory responses are not evasive, and they are code compliant. As for Form Interrogatory No. 12, the motion attempts to force the defendant to admit that the mere lack of a driver's license, and not some other negligence, was the “cause” of the accident when, in fact, it could just be that Rios...

Excerpt: ...de section 68561 states that an interpreter in court proceedings (which includes oral depositions) must be certified by the California Judicial Council. Kartouche conceded on the record at the deposition in sworn testimony that he has not been so certified. That said, nothing here should be construed as a comment on Kartouche's general qualifications. It is apparent from the record that he is certified interpreter in federal court and has been al...

Excerpt: ... merits. It believes that if given an opportunity, Dr. Lee can correct this oversight. (In the reply, the court is advised that a correction to the declaration will be filed prior to the hearing.) The court overrules the remaining evidentiary objections, as well. 1. Declaration of Dr. Lee The defendants met their initial burden as to standard of care and causation, and thus the burden shifted to the plaintiff. Dr. Lee declares that based on his b...

Excerpt: ...ecause the parties understood the operative complaint to be the amended complaint, the court will consider the motion for summary adjudication on the merits.) Background This is an employment law case. The third cause of action is for age-based discrimination; the fourth cause of action is for failure to prevent discrimination; the fifth cause of action is for wrongful termination in violation of public policy; and the sixth cause of action is fo...

Excerpt: ...IED without prejudice. A motion for judgment on the pleadings is reviewed in the same manner as a demurrer. There is a liquidated damages clause in the agreement and thus each of the challenged counts states a cause of action. Moreover, the liquidated damages claim is only part of the damages sought, and thus the motion to strike impermissibly seeks to strike those causes of action that the motion impliedly admits are viable as to the other damag...

Excerpt: ...t meet his burden of proof. At best, he “believes” this defendant has had other monetary or financial transactions within this state and has visited here several times since 2007. b. Personal Jurisdiction The plaintiff asserts the court has personal jurisdiction over this defendant because Singh loaned money to defendant Global, a California corporation. Singh has received money in repayment from checks written in California and any enforceme...

Excerpt: ...dants may have had in the property was extinguished by payment in full of the underlying debt. This motion was originally calendared for August 12, 2021, but the court questioned whether a quiet title action could be determined on a summary judgment motion given that a quiet title action could not be determined on default by way of a 585 packet; a hearing was required. (ROA 707.) The parties were given the opportunity to file additional points an...

Excerpt: ...ny California (or Georgia) cases that have so held. (The reference to Georgia is based on the court's understanding that the business is located in Georgia.) Because this is a motion for summary adjudication of issues, the court's role is limited to determining if there is a triable issue of material fact. Impossibility of performance is a legal excuse, and a valid defense, to a cause of action for breach of contract if there are facts to support...

Excerpt: ...m they have the right to use Lot A as an access road to Stonehaven Drive, and that the city is frustrating that purpose. The plaintiffs claim that Lot A was never dedicated as open space but was set aside to prohibit the construction of residences on it. The city claims that Lot A was dedicated (and accepted) as open space and that an access road would be inconsistent with the 1987 approvals. The plaintiffs also claim they have an easement over i...

Excerpt: ...nknown what other water source there could be for that drain. There is also a factual dispute as to whether there are other contributing water sources, such as the many residences along the street upstream from where the plaintiff slipped and fell. But neither of these factual disputes appear material to whether the release of water into the street drainage system created a dangerous condition as to the plaintiff. For example: Is there any eviden...

Excerpt: ...y incorporates the first 42 facts and evidence in support. Therefore, instead of analyzing each of the 18 issues, the court treats each cause of action as an issue for adjudication. First Cause of Action—Medical Leave Discrimination The plaintiff concedes this cause of action has no merit, and thus the motion is GRANTED. Second Cause of Action—Medical Leave Retaliation The plaintiff claims he was retaliated against for exercising his right to...

Excerpt: ...ourt Delay Reduction Act, the parties should consider this trial date certain and firm. Discovery Requests The plaintiff requests a six-month continuance of all discovery matters. The plaintiff submitted to the court a letter from his physician dated February 9, 2021 (see ROA 156) wherein she states that the plaintiff, who is self-represented, “is suffering from multiple health problems at this time. He needs an accomodation [sic] to delay any ...

Excerpt: ... are not referenced in the supporting evidence, and in Nos. 19-21, 27-28, and 31, simply refer to the “Dabcevic Dec.” without identifying which portion of the declaration is relied on. b. Objections Oh's objections to the declaration of Matthew Bauer (Nos. 1-7) are not material to the disposition of the motion. Thus, the court declines to rule on them. Oh's objections to the declaration of Christina Cigliano (Nos. 8-13) are OVERRULED. Oh's ob...

Excerpt: ...go, depression and insomnia, and other relevant neuropsychiatric symptoms.” (Mot., 2:17-18.) The curriculum vitaes of Dr. Rosenberg and the psychologist, Dr. Filoteo, which are attached to the motion, indicate that Dr. Rosenberg is a neuropsychiatrist and that Dr. Filoteo is a neuropsychologist. In his opposition, the plaintiff objects—in part—to the motion to compel on the ground that he is not claiming any psychiatric (nor any unusual psy...

Excerpt: ...us they had not been placed on notice. The plaintiff put in evidence the fact that there had been several car break-ins in the complex parking area, there had been a domestic violence incident between residents in the same unit, and one resident (with a known mental illness) had threatened other residents, including pointing a firearm at another resident. He also suggested this area of the city was dangerous; other residential complexes had put i...

Excerpt: ...m of constructive termination.) Whether he was actually terminated is a question of fact that cannot be determined on demurrer—unless it is clear from the allegations made that, as a matter of law, he was never terminated. Here, when the allegations of the amended complaint are read as a whole they are sufficient to state a cause of action. Motion to Strike The motion of the defendant to strike portions of the first amended complaint is GRANTED...

Excerpt: ...ady agreed on a date and time (pursuant to the minute order of July 22, 2021, the parties agreed to take Vich's continued deposition on August 11, 2021), these depositions shall be set within 20 days. The deponents do not challenge the right of the cross-complainants to take their continued depositions. They only complain that the new deposition dates had not been mutually agreed upon. The court finds that sanctions would not be in the interest o...

Excerpt: ...joint statement was filed. But as pointed out by the plaintiff's counsel, and as acceded to by the counsel for the Wurzburg defendants, there were several mistakes in it caused by the Wurzbergs' counsel. The court has reviewed the declarations submitted by counsel. The court accepts the representations of counsel that these mistakes were inadvertent only, and she apologizes for them. The court concludes that no further action on its part is neces...

Excerpt: ... plaintiff asserts a claim for fraudulent transfer. Such a claim is a real property claim for the purposes of a motion to expunge a lis pendens. (Kirkeby v. Superior Court (2004) 33 Cal.4th 642, 648-649.) 2. Probable Validity of Claim The court finds that the plaintiff established the probable validity of her claim for fraudulent transfer by the preponderance of the evidence. She presented sufficient evidence to support an inference of fraudulent...

Excerpt: ...ecause of his race and sex, that he was dismissed from his job because he disclosed and complained about unlawful activities within the Program, and that he was not afforded the full complement of due process rights and protections due to him. In his second amended complaint, he alleges six causes of action (listed by their cause of action numbers in the amended complaint; the first cause of action was dismissed by court order): 2. Discrimination...

Excerpt: ...s void].) Arguments made by the defendants and their counsel to undermine the holding in Moore are frivolous. The motion for attorney fees and costs against attorney Randy Vogel is DENIED. In his opposition to the attorney fees request against the plaintiff, Vogel suggests that the request for attorney fees against him is sanctionable conduct. However, Vogel is represented by counsel who did not make a request for an award of sanctions in Vogel's...

Excerpt: ... matter to allow the parties to comply, having reviewed the merits of the demurrer and being fully familiar with the facts of the case, the better course is to hear the matter. 2. The opposition papers exceed the page limitation prescribed in California Rules of Court, rule 3.1113(d). Although the court could simply refuse to consider the opposition because of its excessive length (Cal. Rules of Court, rule 3.1300(d); see Weil & Brown, Cal. Prac....

Excerpt: ...the public policy states that the parties “and their attorneys must not include, or must redact” those identifiers and other private information “from all pleadings and other papers filed in the court's public file [] unless otherwise provided by law or ordered by the court.” The defendant's filings included personal identifying information the plaintiff states are not otherwise available on the Internet. A review of the offending documen...