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...

Excerpt: ...art of her duties she was required to clean the bathroom where the incident took place. 3. The day before the incident, plaintiff entered the bathroom and there was a “locker” on the wall. She did not clean the bathroom that day. (At her deposition, she spoke Spanish and described it instead as “boxes.” However, her counsel, who speaks Spanish, said she meant to say “lockers,” and this was confirmed when she was asked by defense couns...

Excerpt: ...ars of the incident. (See Code Civ. Proc., § 335.1 [statute of limitations for personal injury action is 2 years].) Defendant plead as an affirmative defense that the action was barred by a 1-year limitations period contractually agreed to at the time the residential lease was signed by plaintiff. Initially, the court notes the lease provision may be misleading. For example, the lease agreement does not state that the statutory limitations perio...

Excerpt: ... “to contest the wrongful judgment.” But the only extant document in the file is the clerk's rejection. (RAO 190.) Fan made several other requests to bring her claims as to the alleged wrongfulness of the judgment to the court's attention, but they were all rejected by the clerk's office for noncompliance with the Rules of Court. On March 26, 2021, Fan filed a motion to vacate what she termed a “wrongful” judgment. (ROA 205.) Apparently, ...

Excerpt: ...he corporation. The form complaint alleges one cause of action for breach of contract against both the corporation (as signer on the agreement) and the individual defendants, as guarantors of it. (See BC-1(a) “written agreement was made between Plaintiff and MRP Creations, Inc., and was guaranteed by Stephen F. Frost, Tracey J. Frost”].) Attached to the complaint as exhibits are copies of the SBA Agreement and the guarantees. However, the fir...

Excerpt: ....” She was simply the Good Samaritan who found the plaintiff minor (a “Lower”) drowning and saved her. The plaintiff speculates that because Jimenez was substantially older than the other HSC counsellors at the public pool that day, and because someone made the decision to allow the “Lowers” to swim in the main pool as the kiddie pool was closed, it was most likely her. But speculation is not a basis on which to find a triable issue of ...

Excerpt: ....) However, the motion was not filed until January 13, 2021. The 60-day deadline is mandatory. (Weinstein v. Blumberg (2018) 25 Cal.App.5th 316, 320- 321.) Failure to file a timely motion forecloses any further relief. Further, the plaintiff failed to engage in a meaningful meet and confer as outlined in defendant's opposition, and on that ground the motion could also be denied. Merits Even if the motion had been timely and could be heard on the ...

Excerpt: ...t rents, if any, would be owed if a separate lease agreement for additional rooftop space to meet FCC regulations was signed by Verizon. But there are also allegations Landmark is threatening the plaintiff with litigation and claims for monetary damages if as a result of its claims Verizon fails to renew its lease. It is further alleged that if Verizon does not renew the lease Landmark will locate another tenant to conduct the same operations wit...

Excerpt: ...�� is incomplete. The contention that the plaintiff abandoned his job may be included within the definition of the term “termination.” As for Form Interrogatory No. 208.2, Don Jefe's response does not respond to the initial question. It asserts the defendant responded on September 11, 2020 as “Unknown and this information is equally and more readily available” to the plaintiff in response to Form Interrogatory No. 208.1 and appears to rel...

Excerpt: ...t North Hills requested the City of Brea to enforce the speed limit within the association or that plans were made to request speed limit signs or stop signs be placed along Berry Street is not evidence that North Hills had actual knowledge of a dangerous condition. The plaintiff's evidentiary objections set forth in their response to the separate statement are OVERRULED. The separate statement is not evidence. Any evidentiary objections must com...

Excerpt: ...kanska that would give rise to a duty of disclosure on Skanska's part. Thus, no cause of action has been stated here. (See Limandri v. Judkins (1997) 52 Cal.App.4th 326, 336-337.) According to the amended cross-complaint, SANDAG as the owner transacted with HDR directly for the engineering services on the project. SANDAG also contracted with Skanska to act as the contractor. However, there was no contract between Skanska and HDR. Moreover, SANDAG...

Excerpt: ...easonably incurred by the buyer in connection with the commencement and prosecution of such action.” The court reviewed each entry of the plaintiff's billing statement and, except for the final entry that claims 6.5 hours for review and preparation of a reply, time to appear at the hearing on the motion, and time to collect the fees and costs award, finds the time listed was actually expended and reasonably incurred. The final entry is reduced ...

Excerpt: ...lem festered until the eve of trial when the case was assigned to Judge Glenda Sanders. First-chair defense counsel stated that he had never seen the notes, only his associate had. It was further represented that the associate attorney, Mr. James Irey, honestly believed that the notes were the work product of first-chair defense counsel, Harry Safarian. The parties eventually entered into the following stipulation before Judge Sanders: Attorney J...

Excerpt: ... Dahle to assist them in determining the viability of their business venture and to become a long-term partner. On August 1, 2016, Dahle presented Miano and McNary with a “Consulting and Advisory Services Agreement.” In addition to becoming the team leader in development of the business opportunities, he agreed to perform: 1. “Legal”—Item 3(h) 2. “Providing general legal, financial, and investment banking consultation services”— I...

Excerpt: ... E. Robinson), and her former spouse's mother (Patricia Strang) for fraud, breach of fiduciary, and other causes of action that she alleges resulted in an unequal division of community property in the dissolution proceeding. a. Defendant's Request for Judicial Notice Defendant Robinson filed a request for judicial notice in conjunction with the anti-SLAPP motion. The request to take judicial notice is GRANTED. b. Plaintiff's Requests for Judicial...

Excerpt: ...of guardian ad litems), she cannot act as the plaintiff's attorney. This case (as well as the other litigation between the parties and others) has a complex history. For purposes of these three motions only, the court will set out its understanding of the pertinent historical facts: On July 22, 2015, the plaintiff filed a complaint for fraud and other causes of action against defendant Mohammad Rahgoshay. Although she initially filed as a self-re...

Excerpt: ...aw action—and has the defense files. Defense counsel here has advised the court it is aware of the contents of those files because a “former attorney” of Gordon & Preis told defense counsel that an independent psychiatric medical examination had been conducted and the firm's files contained an unflattering IME report. However, the court has now been advised by plaintiff's counsel here that Joseph Preis of Gordon & Preis has advised that no ...

Excerpt: ... the court, constitute a ground for denial of the motion. (See Wilson v. Blue Cross of Southern Calif. (1990) 22 Cal.App.3d 660, 671.) The court denies the motion on procedural grounds. Merits, in the Alternative Although the court is denying the motion on procedural grounds, the court would deny the motion on the merits, as well. 1. Proper Party Defendant? The named defendant is George J. Roth, as Trustee, etc., who everyone agrees is dead. It i...

Excerpt: ... belief that defendant Mark Starr was a resident of Westchester, New York, and that defendant Hunting Ridge, Inc., was a corporation with its principal place of business in Westchester, New York. The complaint alleges that Johnson is an avid car collector who saw an Internet advertisement for a 1972 Porsche 911 RS Carrera Tribute with only 12,716 miles on it— what he described as a rare find—offered for sale by Huntington Ridge Motors. Johnso...

Excerpt: ... could, if necessary, produce additional evidence on appeal. Rule 8.278(d)(1)(C) of the California Rules of Court limits recovery of these costs to ”[t]he cost to produce additional evidence on appeal.” (Italics added.) Neither side cites controlling authority on this point and the court was unable to discover any on its own. However, the court reads this subsection to allow such costs only if additional documents were actually produced pursu...

Excerpt: ...gued that under the arbitration provision AAA is the default arbitration service if the defendant disapproves the plaintiff's selection. The plaintiff countered that it would only select JAMS and the defendant waived any challenge to its selection because it did not timely object. Although the plaintiff does not use these words, essentially he argues that the arbitration selection process in the agreement is procedurally unconscionable if he has ...

Excerpt: ...December 28, 2019, a Saturday; the filing of the cost bill the following Tuesday, December 31, 2019, or two court days thereafter, was thus timely. The defendant failed to meet his burden to show that the costs were unreasonable or unnecessary because no evidence was submitted in support. The “declaration” of attorney Carl Pentis filed with the motion was not filed “under penalty of perjury” (Code Civ. Proc., § 2015.5), and thus the moti...

Excerpt: ...rounds upon which the motion will be made” and specify “the particulars in which the legal basis for the decision is not consistent with or supported by the facts, or in which the judgment or decree is not consistent with the special verdict.” Although the statute is explicit, at least one appellate court has held that the “notice of motion” to vacate may be sufficient to meet the statutory criteria if it adequately meets section 663a's...

Excerpt: ...no longer good law for the reasons articulated in Waffer Internat. Corp. v. Khorsandi (1999) 69 Cal.App.4th 1261 at pages 1270 through 1278. Moreover, nothing in Steiner suggests that the obtaining of a writ of attachment limits remedies in tort as against other parties. Here, the proposed amended complaint adds a third party (albeit the spouse of the original defendant) and makes at least one other substantive change. The general rule is that in...