Excerpt: ...n the controlling statutes, the conduct of the parties, and its understanding of the intent and purpose of the stipulated discovery order, the Court concludes that the motion was timely. These Special Interrogatories do not violate Code of Civil Procedure section 2030.060, subdivision (f); and, they fall within the scope of the First Stage Discovery. The Court concludes that in the interests of justice no sanctions should be awarded. The plaintif...

Excerpt: ...thinks could state a cause of action. The Fourth Cause of Action is for fraud in the inducement, but fails to state specific facts showing the defendant did not intend to perform at the time it issued the policy. (Tenzer v. Superscope, Inc. (1985) 39 Cal.3d 18, 30-31.) The motion of defendant Interinsurance Exchange of the Automobile Club of Southern California to strike allegations of punitive damages is GRANTED with 10 days leave to amend. The ...

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Excerpt: ...18.) Here, paragraphs 18 and 20 of the complaint set out the maximum amount: $27,223.38 for missing tires, $6,603.56 for missing parts, and $2,200 for missing struts, for a total of $36,026.94. This is the same amount as in the default judgment. The default judgment signed by Judge Schulte is thus not void. Extrinsic Mistake A. Procedure A motion to set aside a default and default judgment must be accompanied by a proposed pleading, in this case ...

Excerpt: ...sly allowed nor disallowed under Code of Civil Procedure section 1033.5. An item neither expressly allowed nor disallowed may be recoverable in the Court's discretion. (Code Civ. Proc., § 1033.5, subd. (c)(4).) Although the Court encourages parties to engage in voluntary mediation, under the facts of this case such costs were not “reasonably necessary to the conduct of litigation.” The motion to tax mediation costs is GRANTED. Item No. 8: Th...

Excerpt: ...ery still outstanding which, counsel argues, likely will provide additional information necessary to opposition to the motion. The plaintiff shall give notice. Addendum on Discovery Referee The Court has reviewed the Joint Statement regarding status of the Discovery Referee filed June 12, 2018. The Court has been advised that Justice Aldrich (Ret.) has declined to accept the appointment as discovery referee here. Each side has suggested two very ...

Excerpt: ...rs suggests the contract was solely with the owners of the projects, but that this defendant entered into an oral agreement to “compensate” the plaintiff (whatever that means) if the owners failed to pay. A preliminary reading of the subcontract submitted by the defendants suggests that there is no written agreement between the plaintiff and this defendant to pay for materials and work performed on this project. That leaves the alleged oral a...

Excerpt: ...his declaration to this application, the plaintiffs' attorney states that he contacted the President of Exeter Exchange Management Corporation who told him Exeter has not been the agent for service of process for The Testa Family LLC for at least four years. Nowhere in the LLC's opposition to the application does anyone contradict the statement of the President of Exeter Exchange Management Corporation. Nor does anyone suggest that there is anoth...

Excerpt: ...tate sufficient facts that these defendants were “employers.” The motion to strike is DENIED as MOOT. The demurrer of defendant Newport Mesa Inn, LLC, dba Best Western Newport Mesa Inn is SUSTAINED with 20 days leave. It does not appear from the opposition to the demurrer that the plaintiff actually opposes it on the merits, but relies instead on the intended filing of a First Amended Complaint. The argument by the demurring party Newport Mes...

Excerpt: ...tion 437c, subdivision (o)(2). Once the burden shifts as a result of the factually devoid discovery responses, the plaintiff must set forth the specific facts which prove the existence of a triable issue of material fact.” (Union Bank v. Superior Court (1995) 31 Cal.App.4th 573, 590.) The cross-defendant cites Exhibits I through M, which consists of approximately 40 pages. Although it does not offer citations to specific responses, a review of ...

Excerpt: ...here the local Court of Appeal has weighed in on this question, and thus it appears this Court may choose its own path among the competing authorities. The Court holds that for pleading purposes, the complaint states a cause of action for intentional interference with contractual relations because it effectively alleges that the property owner is not a party to the contract. The plaintiff shall give notice. ...

Excerpt: ...mend was filed after the defendants filed a motion for summary judgment, and the proposed amendments effectively “add” three causes of action for racial discrimination, the defendants would be prejudiced if the amendments, as proposed, were allowed at this time. The August 9, 2018 hearing on the summary judgment motion, and the September 24, 2018 trial date, remain on calendar. The defendants shall give notice. ...

Excerpt: ...y to brief the licensure issue raised by the motion. At the close of trial, the parties agreed that closing argument would be made in writing, thus oral argument is neither necessary nor appropriate. The matter is again taken under submission. ...

Excerpt: ... to the plaintiff to establish general jurisdiction here. The plaintiff did not meet its burden. Service of process in on a foreign corporation's designation of an agent for service of process in California is not a consent to jurisdiction in this State. (See Gray Line Tours v. Reynolds Elec. & Eng'g Co. (1987) 193 Cal.App.3d 190, 194-195.) Similarly, an unverified complaint cannot establish jurisdiction because it is not competent evidence. The ...

Excerpt: ...es that, “A representation or inability to comply with the particular demand [] shall affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or ...

Excerpt: ... are awarded against defendant Wei Li to be paid within 30 days. Notice Plaintiff shall give notice. ...

Excerpt: ...es that, “A representation or inability to comply with the particular demand [] shall affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or ...

Excerpt: ...ments of that section. (See Code Civ. Proc., § 128.7, subd. (c)(1).) The plaintiff shall give notice. ...

Excerpt: ...il March 20, 2018, or around 136 days after service, and thus it is untimely. The defendant asked the Court to exercise its discretion and hear the matter. Subdivision (f) allows a trial court, in its discretion and on terms it deems just, to hear a motion even if untimely. The court reviewed the defendant's declaration and the court's entire file. Based on that review and the purpose to be served by the anti-SLAPP statute, the court elects not t...

Excerpt: ...otion on the merits. It is, for purposes of this motion, undisputed the accident occurred on a fire road on county land in the County of Riverside. The only reason the original complaint was filed in Orange County is because the attorney who drafted the complaint mistakenly alleged that the county road was located in Orange County. This court's records do not disclose any other jurisdictional basis for filing the case in this county. Buddy Corpor...

Excerpt: ...ut the plaintiff has by “stipulation” agreed to vacate and set aside the defaults. The “stipulation” was filed as an attachment to a declaration by plaintiff's counsel on March 27, 2018. It contained various terms that required a court order. But as counsel's declaration recognized, the Court could not issue orders based on the stipulation because it was signed by an attorney claiming to represent defendants who had neither appeared nor p...

Excerpt: ...o compel and the Case Management Conference are CONTINUED to June 14, 2018, at 1:30 pm. Any supplemental documents must be filed at least 9 court days before the next hearing. The defendants shall give notice. ...

Excerpt: ...ns are moot. If the motions are not moot, then they are GRANTED, except that No. 20 is limited to the year 2015. The request for monetary sanctions against the defendants is GRANTED in the total amount of $1,260, payable within 30 days. The plaintiffs shall give notice. ...

Excerpt: ...ed to state a cause of action for fraud. The Complaint alleges the defendant promised to pay for the services rendered but did not; issued a check and then put a stop payment on it; and created disputes without justification as a pretext for not paying agreed upon fees even though the work was performed in accordance with industry standards. 2. Second Cause of Action for Passing Check with Insufficient Funds The defendant asserts this cause of ac...

Excerpt: ...2012) 211 Cal.App.4th 1, 8.) The “Good Faith” Causes of Action 1. First Cause of Action for Intentional Misrepresentation The plaintiff's claim for intentional misrepresentation is unclear, but it appears he alleges the defendant misrepresented that it would perform a “good faith” review of his application. (¶¶ 17, 21 of the Complaint; ¶ 16 of Stewart Declaration.) To support this allegation, the plaintiff alleges the defendant purpose...