Excerpt: ...uty against all Defendants. The court granted Plaintiff leave to amend after sustaining moving Defendants' demurrer to the third cause of action for breach of fiduciary duty in the SAC, reasoning in part that Plaintiff had not alleged that moving Defendants had a fiduciary duty to Plaintiff. (10/27/2017 Minute Order.) In the TAC, Plaintiff deleted moving Defendants from the breach of fiduciary duty cause of action which is now alleged against Def...

Excerpt: ...s should be prepared to address available trial dates for October, November, and December 2018. ...

Excerpt: ...vacy extends to one's confidential financial affairs as well as to the details of one's personal life”].) In doing so, the Court expressly noted “relevant bank customer information should not be wholly privileged and insulated from scrutiny by civil litigants”; rather, the trial court should employ “certain procedural devices” to “fashion[] an appropriate order that will, so far as possible, accommodate considerations of both disclosu...

Excerpt: ...f the plaintiff against which a determination is sought. (Code Civ. Proc., § 761.020, subd. (c).) If the plaintiff admits the validity of any adverse claim, the complaint must also contain that admission. This enables the action to determine the title against all persons, with specified exceptions, and avoids the need to litigate interests accepted as valid and to which the plaintiff's title is subject. (Code Civ. Proc., § 762.060, subd. (c).) ...

Excerpt: ...is sold and transferred al rights, title, and interest in the subject property to her. (Martz Decl., ¶ 2.) Based on that Declaration, on 8/22/16, the court ruled that: “Gayle Martz is substituted as a plaintiff in this action, in Orange County Superior Court Case No. 30-2009-00120639 (which has been consolidated with lead case No. 01CC15035), instead and in place of Plaintiffs.” Plaintiff argues that the court should exercise discretion and ...

Excerpt: ...of a bond, and that their value exceeds the value of any bond required by statute. Code of Civil Procedure section 917.2 permits a stay if the “personal property” that is the subject of the judgment or order appealed from is assigned or delivered or “placed in the custody of an officer designated by the court.” (Code Civ. Proc., § 917.2.) Code of Civil Procedure section 995.710 permits a deposit in lieu of bond if the deposit is in one o...

Excerpt: ... 481, 486-487.) “The granting of a continuance for discovery lies in the discretion of the trial court, whose ruling will not be disturbed in the absence of manifest abuse.” (Id. at p. 487.) The court of appeal in Beckmanstated that there was no abuse of discretion, as Plaintiff had not made a sufficient showing to allow it to conclude that further discovery would “likely lead to production of evidence establishing jurisdiction.” (Ibid.) ...

Excerpt: ...A "compelling need" is demonstrated where the information is "directly relevant" and "essential to the fair resolution" of the lawsuit. (Britt v. Superior Court(1978) 20 Cal.3d 844, 859.) Defendants have shown a compelling need for some of the requests. The First Amended Cross-Complaint ("FAX-C") includes causes of action for breach of contract, fraud, elder abuse, conversion, money had and received, and negligence. Plaintiff's Oppenheimer record...

Excerpt: ...ord reflects that as of the date of Defendants' motions, Plaintiff failed to respond to the discovery. As a result, Plaintiff is ordered to provide verified responses, without objection, to the form interrogatories (set no. one), special interrogatories (set no. one), and requests for production of documents (set no. one), within 15 days of the notice of ruling. (Code Civ. Proc., §§ 2030.290, subd. (b); 2031.300; 2033.280, subd. (c); see Sinaik...

Excerpt: ...ited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is co...

Excerpt: ...ndant. In the absence of appearance, mail service of the application is insufficient. Where the defendant has not yet appeared in the action and personal service is required, service must be made in the same manner as a summons. (Code Civ. Proc., § 482.070, subd. (d).) Also, here, the proofs of mail service do not show service on Defendant as opposed to other defendants in this action. The court also notes that on their face, the promissory note...