Excerpt: ...tate Automobile Assn. (2010) 189 Cal.App.4th 947, 975.) Plaintiff Luke Slovenec's (plaintiff) request for judicial notice is DENIED as to items 1 and 2, and GRANTED as to item 3. Items 1 and 2 require a copy of the docket from the underlying dissolution proceedings. Plaintiff has failed to provide the court with a copy of that docket and nothing indicates plaintiff has made arrangements with the clerk to have the docket available at the time of t...

Excerpt: ...1) 91 Cal. App. 4th 875, 882. Defendants' Request for Judicial Notice: Granted as to taking judicial notice of the language of Judicial Council Form Interrogatory No. 4.1. See, Evidence Code § 452(h). Plaintiff's Objection to and Motion to Strike Motion for JNOV and Associated Documents: Plaintiff objected and moves to strike the following pleadings for failure to comply with the rules of court: (1) the declaration of Jenos-Heidari filed in supp...

Excerpt: ...ued hearing. The court also ordered plaintiff to give notice. Nothing in the court file indicates that plaintiff gave notice, or met and conferred as ordered. Plaintiff's counsel is ordered to engage in the meet and confer required by Code of Civ. Proc. § 430.41 as to the issues raised by this demurrer, and to file and serve a declaration evidencing such efforts not less than nine court days before the continued hearing. Plaintiff to give notice...

Excerpt: ...ently in her position. (Guz v. Bechtel National, Inc. (2000) 24 Cal.4 th 317, 355.) The complaint also fails to allege facts showing a discriminatory motive. (Id.) Rather, this is alleged as a conclusion only. (Complaint at Para. 10.) Statutory claims must be alleged with specificity. (Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790; Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal.App.3d 590, 604.) The second cause of actio...

Excerpt: ...-opposition, stating she does not oppose the motion, and has not presented any evidence showing that moving party was properly served, as is plaintiff's burden. (Ziller, supra at 1232.) Plaintiff to give notice. ...

Excerpt: ...omplaint responses to the Defendant's discovery requests, and thereby suffer further prejudice in its preparation for trial, the Court reserves the right to revisit the issue of terminating sanctions and shall consider all of the evidence then presented, including the history preceding the date hereof. The Court Orders Plaintiff to serve second further non- evasive, verified responses to Defendant's Special Interrogatories Set No. One, and Inspec...

Excerpt: ... declaration of Plaintiff's counsel, none of which cite to the actual trial transcripts in this matter. By contrast, moving parties have provided specific cites to the trial record in support of their arguments against the sufficiency of any evidence concerning collectability. This matter is continued to February 1, at 2 p.m. Plaintiff is Ordered to file and serve a supplemental brief by no later than 4:30 p.m. on Monday, January 29, 2018, identi...

Excerpt: ...preter fees actually incurred for the second session of Mr. Jin's deposition, not to exceed $1,200.00. Plaintiff to pay for the costs for the court reporter. The second session of the deposition shall occur on a date to be agreed between counsel, but no later than two weeks from today's date. The court finds that circumstances exist to make the imposition of other monetary sanctions unjust at this time, however, should Defendant be required to ap...

Excerpt: ...roper venue. CCP § 395(a). (“Where an individually joined defendant may be genuinely liable on the complaint, it has always been true plaintiff could choose that defendant's residence as the venue even though the corporate defendant was located elsewhere.” Buran Equip. Co. v. Superior Court (1987) 190 Cal.App.3d 1662, 1667.) The Michaels defendants reside in this county and are sued as individuals in the 9 th cause of action for violation of...

Excerpt: ...bina has been appointed as administrator and successor in interest by the probate court as to the estates of both plaintiff John Gambina and plaintiff's former successor in interest, Johnny C. Gambina. The court's records reflect that Dorothy Gambina has attempted to file a Substitution of Attorney, and has also filed a declaration requesting the court order the Substitution be filed, and recognizing Dorothy Gambina as successor in interest. Howe...

Excerpt: ...is involved. Plaintiff has also shown a probability of prevailing on the merits of his first cause of action for violation of the Dodd-Frank Act. (15 USC 1602(bb); 15 USC 1639(c)(1); Verified First Amended Complaint at Paras. 16, 17, 21, 29; Ex. A to Verified First Amended Complaint; Romero Decl. in support of Reply, Paras. 4-7.) Plaintiff's evidentiary objections to portions of the Opposition filed by defendant RSA Premium Finance Company are ov...