Excerpt: ...c]ontain the captions of all the cases sought to be consolidated” in their notice of motion. (Cal. Rules of Court, rule 3.350(a)(1)(B).) Finally, plaintiffs failed to file this motion in any to-be-consolidated case, along with a proof of service on the defendants in any such case. (Cal. Rules of Court, rule 3.350(a)(2)(B), (C).) Plaintiffs shall give notice. ...

Excerpt: ...(See 2/22/18 minute order.) The FAC “supersedes all prior complaints,” which “cease[] to have any effect either as a pleading or as a basis for judgment.” (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130-1131.) Thus, “the filing of an amended complaint moots a motion directed to a prior complaint.” (Id. at p. 1131.) The court declines defendant's request (made at the 2/22/18 hearing and now preserved f...

Excerpt: ... an ordinary or heightened duty, plaintiff has a single primary right to be free from the harm suffered when defendant allegedly caused plaintiff to fall from the tow truck. That invasion of a single primary right supports one cause of action for negligence. Plaintiff may amend the complaint to allege alternate legal theories and alternate duties of care within that one cause of action for negligence. Defendant shall give notice. ...

Excerpt: .../16/18 at 3 pm. The court will nominate 5 persons from those lists and give notice to the parties. The parties shall then have 5 days to file and serve a notice of their joint selection of arbitrator. If the parties fail to timely file such a notice, the court will appoint one of the 5 nominees as arbitrator. (See Code Civ. Proc., §§ 1281.3, 1281.6.) If the parties fail to timely propose any arbitrators in the first place, the court will appoin...

Excerpt: ...aintiffs' responses to the disputed form interrogatories were incomplete, evasive, or otherwise improper. (See, e.g., Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783- 784.) Defendant shall give notice. Motion to Compel re Special Interrogatories Defendant Select Portfolio Servicing, Inc.'s motion to compel further responses to special interrogatories is GRANTED. Plaintiffs Christopher C. Becker and Debra A. Becker shall serve complete, code- comp...

Excerpt: ...sic evidence shows the parties reached anything but the usual understanding regarding costs. At any rate, defendant did not prevail on the only contract claim. Plaintiff did, albeit with a nominal recovery. Defendant prevailed on a non- contract claim that is not subject to the costs provision (which is unilateral, anyway). (See Brown Bark III, L.P. v. Haver (2013) 219 Cal.App.4th 809, 828 [Civ. Code § 1717 does “not make a unilateral provisio...

Excerpt: ...Plaintiff shall file and serve a clean, non-redlined version of the proposed FAC attached to counsel's declaration as Exhibit A within 10 days of this order. Plaintiff shall give notice. ...

Excerpt: ... mediation provisions, to whatever extent those provisions condition an attorney fee award on completing pre- dispute mediation. It would be unreasonable to discount the attorney fee award because PatentRatings did not prevail on its declaratory relief claim. It did prevail on other claims addressing inextricably intertwined issues. (See Reynolds Metals Co. v. Alperson (1979) 25 Cal. 3d 124, 129- 130; Thompson Pacific Construction. Inc. v. City o...

Excerpt: ...amages and foreclosure on security). First, defendants have shown a defect of parties. (Code Civ. Proc., § 430.10, subd. (d).) Plaintiff should name Jerry Monroe's estate as a party. The FAC alleges defendants Nicole Seymour and Jeff Seymour failed to repay a loan from plaintiff and Jerry Monroe, which was secured by Jerry Monroe's shares in defendant Towne. (That is not a typo. The FAC alleges Jerry Monroe pledged his own shares to secure a loa...

Excerpt: ...certain. (Code Civ. Proc., § 431.10, subd. (f).) It lacks any “statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) Instead, it is cluttered with confusing conclusions and citations. Plaintiff fails to show a reasonable possibility of curing the defects. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Plaintiff has not cured these lingering defects despite repeated orders ...