Excerpt: ...ersy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement. (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arisin...

Excerpt: ...strict liability claim, she must seek a dismissal. The negligence claim is addressed below. Express Contractual Assumption of Risk Defendants contend the doctrine of express contractual assumption of risk bars the entire action because plaintiff signed a waiver with Purple Yoga on 4/11/11. (Perry Decl., Exh. B.) That waiver stated: I hereby waive and release any claim that I might have at any time from injury of any sort against Purple Yoga and i...

Excerpt: ... the disposition of the Motion. Code of Civil Procedure section 425.16, subdivision (b), states, “(1) A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has establishe...

Excerpt: ...tion. Merits: RFP No. 59 seeks documents responsive to plaintiffs' responses to NPBMD's Special Rogs, Set Two. Plaintiff objected but stated he “has produced or will produce all non-privileged documents.” RFP Nos. 63, 64, 71, and 72 seek documents relating to payments made by Conrad or affiliated entities to Mills and his entity, Mills real Estate Consulting, LLC. Plaintiff objected but again stated he would “produce all responsive, non-pri...

Excerpt: ...ersy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement. (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arisin...

Excerpt: ...he Court's 10/5/20 Order (ROA 149) granting Plaintiff's application for a preliminary injunction. The motion for reconsideration (ROA 155) suffers from some procedural failings. First, the accompanying declaration fails to specify “what application was made before, when and to what judge, what order or decisions were made” as required by CCP § 1008. That information, however, appears in the notice of motion. Second, the motion was electronic...

Excerpt: ... 28, 32-34, 47-50, 77, 78, 81, 99, 100 and 103. The requests for monetary sanctions are DENIED. On September 21, 2020, Coldwell Banker supplemented its responses to the Requests. (Rudin Decl. ¶ 26, Ex. 1.) Accordingly, the Requests that remain at issue are Request Nos. 13, 18, 23, 28, 30-35, 47-50, 66, 73-75, 77-81, 88, 99-100, and 102-104. Request Nos. 13, 18, and 23 and 28: Coldwell Banker's main issue with each of these Requests is that the t...

Excerpt: ...f record is DENIED. Neither the initial motion to compel (ROA 1117) nor the separate statement filed with it (ROA 1118) indicated how many supplemental requests for production were in issue. In fact, the separate statement was less than 4 full pages long and complained that responding defendant gave the same answer to each request in dispute. The supplemental separate statement filed by the moving plaintiff on 10-15-20 (ROA 1538) is 129 pages lon...

Excerpt: ... 25. Ambrose waived its objections: Code of Civil Procedure section 2030.290, states that: “If a party to whom the interrogatories are directed fails to serve a timely response, the following rules apply: [¶] (a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protect...

Excerpt: ...AR on the Complaint; (3) dismissing ABAR's Cross-Complaint; (4) imposing monetary sanctions, and (5) awarding such other discovery sanctions as the Court deems appropriate, including issue and evidence sanctions. When a party fails to obey a court order, the full range of discovery sanctions becomes available. (Code Civ. Proc. §§ 2023.010(g), 2023.030.) The behavior justifying terminating sanctions includes repeated refusals to respond to disco...

Excerpt: ...ed party unless the party serving the papers has written consent of the self-represented party to serve him or her electronically (California Rule of Court, Emergency Rule 12(c).) Moving Defendant has not provided proof of written consent and Plaintiff did not oppose the motion. Consent for electronic service of a self- represented party is also required under California Rule of Court, Rule 2.251(c)(3)(B). Defendant must provide the Court with wr...

Excerpt: ...“Responding party has not had a reasonable opportunity to conduct discovery and investigation and will supplement this response at a later time.” The burden is on the responding party to justify any objection or failure to fully to answer the interrogatories. (Coy v. Sup. Ct. (1962) 58 Cal.2d 210, 220-221.) Defendant's opposition states that its objections were not “boilerplate or improper” but does not otherwise justify any of its object...

Excerpt: ...he ex parte hearing on 9-17-20. See, ROA 128. No good cause has been established to continue the hearing to 10-12-20 as requested by Defendant. “A trial court deciding whether to issue a preliminary injunction weighs two interrelated factors—the likelihood the moving party will prevail on the merits at trial and the relative balance of the interim harms that are likely to result from the granting or denial of preliminary injunctive relief. [C...

Excerpt: ...fornia Rules of Court, Rule 3.1112(a) provides that: “Unless otherwise provided by the rules in this division, the papers filed in support of a motion must consist of at least the following: [¶] (1) A notice of hearing on the motion; [¶] (2) The motion itself; and [¶] (3) A memorandum in support of the motion or demurrer. Although First Team filed a Notice of Motion and Motion, no memorandum in support of the motion was filed in compliance w...

Excerpt: ...ality. A waiver occurs when the action “‘is so inconsistent with an intent to enforce the right as to induce a reasonable belief that such right has been relinquished.'” (Savaglio v. Wal-Mart Stores, Inc. (2007) 149 Cal.App.4th 588. To the extent that Plaintiff Farheap is seek an order sealing the subject documents the request is DENIED. California Rules of Court, Rule 2.551(b)(1) requires that a motion to seal records must be accompanied b...

Excerpt: ...ly, the Motion is MOOT as to these requests. The Motion is also MOOT as to Request Nos. 22-65, as further/supplemental responses were served on August 18, 2020. The Requests that remain disputed are Request Nos. 1, 3, 4, 146-147. A party seeking further responses to request for production of documents may move for an order compelling further response pursuant to CCP § 2031.310. The moving party must demonstrate “good cause” for the documents...

Excerpt: ... discretion, the Court has considered the sufficiency of defendant Sentinel's responses to the supplemental interrogatory. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 405-406 The unverified, incomplete responses are not legally sufficient. Defendant Sentinel is ordered to provide full and complete verified responses to Form Interrogatories 2.1, 12.3, 12.4, 12. 5, 12.7, 15, 1, 16.1, 16,6, and 1...

Excerpt: ...LEAVE TO AMEND. In this construction defect case. Plaintiff alleges that Defendants, the developers and builders of her home, are responsible for soil and slope movement on her property and the resulting damage. Defendants demur to the 1st cause of action for negligence, 2nd cause of action for breach of contract and 3rd cause of action for breach of express warranty on the ground that each fails to state sufficient facts and is uncertain. First ...

Excerpt: ...lt, Inc. (1984) 155 Cal.App.3d 381, 385-386.) The court declines to rule on Plaintiff's objections filed 9/14/20 under ROA 62 as they are not relevant to the court's ruling. However, but even if the court were to consider Defendants' Opposition, it would reach the same conclusion. A Renewed Motion Code Civ. Proc. § 1008(b) also provides that a party who originally made an application for an order which was refused in whole or part, or granted co...

Excerpt: ...ing arbitration is GRANTED. Defendants contend that plaintiff Guy Pinero agreed to submit the claims alleged in his Complaint to binding arbitration. In support of its contention, Defendants have submitted an Arbitration Agreement which was signed by Guy Pinero's wife, plaintiff Judy Pinero as the Legal Representative/Agent of Decedent. (Declaration of Bryan Carney (“Carney Decl.”), ¶2, Ex. A.) Delegation clause: Defendants argue that the Ar...

Excerpt: ...on are focused on the legal insufficiency of the First Amended Cross-Complaint. (See the Opp. Brf. at 6:26) (construing the Motion in this way also). The Court does not consider the change of the focus in the Reply brief. (See Reply Brf. at 6:16 and reply exhibits); see Allen v. City of Sacramento (2015) 234 Cal.App.4th 41, 56 (“We do not consider those contentions because plaintiffs did not raise them in their opening brief and there is no exp...

Excerpt: ...ive Order the burden of proof is on the party seeking the protective order is to show “good cause” by a preponderance of the evidence. Stadish v. Superior Court (1999) 71 Cal.App.4 th 1130, 1145 Defendant Westport did not provide sufficient evidence to show good cause on most of the requests. To give Westport the opportunity to establish “good cause” existed as to some documents, the Court made specific orders for Westport to provide furt...

Excerpt: ...e Ahn's husband). The subpoenas seek information regarding 26 aliasas and pseudonyms listed in the subpoena as allegedly being used by Sunny Park; 29 aliases and pseudonyms listed in the subpoena as allegedly being used by Joyce Ahn; 11 aliases and pseudonyms listed in the subpoena as allegedly being used by Sunny Park's husband, Eugene Sung; and 27 aliases and pseudonyms listed in the subpoena as allegedly being used by Joyce Ahn's husband, Chri...

Excerpt: ... death cause of action against the Health Plan. Defendants' motion for summary judgment is GRANTED. A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact . . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850. “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. a...

Excerpt: ...e whether the required “good cause” been shown with respect to one types of documents, duplicative requests. In order to permit the Court to fully evaluate the scope of a protective order, defendant Riptide is ordered to file supplemental evidence as identified below: For each request in Requests for Production Sets 3 and 4 claimed to be duplicative of Requests for Production Set 1, defendant Riptide is ordered to augment the table on pp. 8-9...

Excerpt: ... Summers, PhD. because the court does not deem them to be material to the disposition of the motion. A defendant seeking summary judgment bears the burden of persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff's claim. It may do this by demonstrating the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matte...

Excerpt: ...gle Springs Interchange, Inc. v. County of El Dorado (2011) 200 Cal.App.4th 1470, 1482.) The Villas have demonstrated that the status of the Villas has been revived to active and that the Villas are in good standing with the Secretary of State. (Declaration of Irwin Schroeder, Ex. 4.) Accordingly, the Motion is denied as moot. Plaintiff to give notice. 2. Moving Party, Defendant, Westpark Corte Bella Community Association Order to Show Cause re: ...

Excerpt: ...-Cal brings this summary judgment motion, arguing that it, along with Nelson Staffing, was Plaintiff's employer and workers' compensation is Plaintiff's only remedy. A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact . . .”  Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.  “A prima facie showing is one that is s...

Excerpt: ... the deposition is shown. At its core, defendants' position is that Mr. Spargiasz's deposition is premature and should not be taken until lower level employees' depositions are completed and it is determined whether they provide the evidence sought by plaintiff. The Court agrees that the depositions of lower level employees should be taken and that the deposition of Spargiasz should not happen at this time. Of course, defendant's position require...

Excerpt: ...im Sham, and to $18,000 in advertising bills allegedly owed to Korea Daily. Plaintiff has not opposed the motion, therefore, failed to provide any explanation as to how the information sought in the subpoenas is relevant to the claims asserted in the Complaint. Right to Privacy: Individuals have a right to privacy that is granted by the Constitution. (Williams v. Superior Court (2017) 3 Cal.5th 531, 552.) The right to privacy is balanced against ...

Excerpt: ... paragraph that provides for arbitration must either be stated verbatim in the petition or attached thereto. (CRC 3.1330.) The moving party bears the burden of proving the existence of an agreement to arbitrate by a preponderance of the evidence. (Villacreses v. Molinari (2004) 132 Cal.App.4th 1223, 1230.) If met, the burden then shifts to the resisting party “to demonstrate that an arbitration clause cannot be interpreted to require arbitratio...

Excerpt: ...solution of each issue presented by the motion.” (Code Civ. Proc., § 2016.040.) The meet and confer requirement is designed “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order….This, in turn, will lessen the burden on the court and reduce the unnecessary expenditure of resources by litigants through promotion of informal, extrajudicial resolution of discovery disputes.” (Stew...

Excerpt: ...rder, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” “The genera...

Excerpt: ...ED to 10/5/2020 at 1:30 p.m. in this department. Plaintiff may file a motion for leave to amend by August 17, 2020, to allege, among other things, alter ego, and to name Foundation as a Doe defendant. Moving parties to give notice. Plaintiff seeks leave to amend the complaint to allege “new and different theories of liability and causes of action,” including, without limitation, alter ego, and to name additional parties, i.e., Stanley W. Ekst...

Excerpt: ...al information pursuant to Civil Code § 3295 is GRANTED. Request for Judicial Notice Plaintiffs request judicial notice of court records from Defendant's criminal case, Orange County docket number 16WF1821, People of the State of California vs. Adam John Kanas (the “Criminal Case”) (see Exhibits 1-4), and DUI case, Los Angeles County Superior Court No. LAX3WA12977-01 (“DUI Case”) (see Exh. 8), as well as the complaint and filings in this...

Excerpt: ...n and Requests for Production of Documents served by plaintiff Stars and Bars on Thomas Reiter and Jay Spargiasz are CONTINUED to August 24, 2020 at 1:30 p.m. in this department. Code of Civil Procedure section 2025.420, subdivision (a) provides: “Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet...

Excerpt: ...al court exercises discretion, subject to reversal only for manifest abuse exceeding the bounds of reason.” (Juarez, supra, 81 Cal.App.4th at 389, citing Kuhns v. State of California (1992) 8 Cal.App.4th 982, 988). “Only two facts are absolutely prerequisite to imposition of the sanction: (1) there must be a failure to comply…and (2) the failure must be willful.” (Liberty Mutual Fire Insurance Co. v. LcL Administrators, Inc. (2008) 163 Ca...

Excerpt: ...as the initial burden of demonstrating facts justifying the exercise of jurisdiction.” (See Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 449). “The plaintiff must provide specific evidentiary facts, through affidavits and other authenticated documents, sufficient to allow the court to independently conclude whether jurisdiction is appropriate. The plaintiff cannot rely on allegations in an unverified complaint or vague a...

Excerpt: ... Park is now refusing to pay for those expenses. Based on his allegations, Shim alleges various claims against Park. In a separate small claims action (Case No. 30-2019-1089746, filed 8/13/19), Sun Wai Sham sued Park for $2,000 in unpaid wages for her work on Park's campaign. That action was filed three and one-half months before this one. On 12/3/19, Shim's ex parte application to consolidate the two actions was denied. Fifteen days later, Sham ...

Excerpt: ...INED. “[A] trial court has the power, and it is the trial court's duty, to vacate or recall a writ of execution which has been improvidently issued.” (Jones v. World Life Research Inst. (1976) 60 Cal. App. 3d 836, 840.) “A writ of execution may be recalled and quashed where the issuance was improperly or inadvertently made.” (Meyer v. Meyer (1952) 115 Cal. App. 2d 48, 49.) “It is a fundamental rule that a writ of execution must be found...

Excerpt: ...ed responses to the subject discovery requests on 6/1/20. (Declaration of Sagar P. Parikh, ¶ 3, Ex. A.) Although defendant Griston did not provide timely responses to the subject discovery requests, he has provided responses. Therefore, there is nothing for the court to compel. Accordingly, the motions are DENIED as moot. Plaintiff's request for monetary sanctions is denied. Defendant has sufficiently shown that there is substantial justificatio...

Excerpt: .... On 3/11/20, the Prudential Defendants filed a “joinder” in the motion to clarify. Subsequently, on 6/26/20, the Prudential Defendants filed a memorandum of points and authorities in support of their joinder. In addition to seeking clarification, the memorandum asked the Court to reconsider the 2/26/20 Minute Order. Coleman-Hyman joined in the Prudential Defendants' memorandum. 2/26/20 Minute Order was issued by Judge Bauer who has since ret...

Excerpt: ... an unconditional right to intervene or if the person seeking intervention claims an interest relating to the property or transaction which is the subject of the action and that person is so situated that the disposition of the action may as a practical matter impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by existing parties, the court shall, upon timely application, permi...

Excerpt: ...n. Exhibit B at ¶ 9 and p.5, lines 20-22. Fees under Song-Beverly are determined as follows: “If the buyer prevails in an action under [the Song-Beverly Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the comm...

Excerpt: ...tiff has fifteen days in which to amend those causes of action as against Nicole K. Hallett. This action arises out of a family law matter. Defendant Marc E. Mitzner was the attorney for Defendant Nicole K. Hallett in her divorce from Plaintiff Darrell Hallett. Plaintiff alleges that Mitzner and/or Nicole engaged in the following wrongdoing: Mitzner and Nicole lied to the court during the divorce proceedings. Amended Complaint, ¶¶ 6-16, 19-20 a...

Excerpt: ...against Plaintiff and in Favor of Defendant Simple in the sum of $750.00 The Motion to Compel Verified Responses is DENIED as MOOT as verifications were provided by Plaintiff on 7/7/2020. Procedural Issues: Defendants Simple Recovery LLC (“Simple”) and Stephen Odom move to compel verified and further responses from plaintiff JDS Consulting, Inc. (“JDS” or “Plaintiff”) to Simple Recovery LLC's Requests for Production, Set Two (Nos. 28 ...

Excerpt: ...r DENIED to the extent is seeks an order compelling Defendant to produce the documents specified in the subject deposition notice. Both moving and opposing sanctions requests are DENIED. In light of current COVID-19 restrictions, the parties should be prepared to discuss with the court how the deposition(s) will take place to minimize health risks to counsel, the court reporter and the deponent(s). A motion to compel deposition is governed by Cod...

Excerpt: ... evidence to show that it purchases goods and services from vendors located outside of California and it rents apartments to persons who move to California from other states. (Glaser Decl., ¶ 3.) Additionally, the agreement to arbitrate specifically states that FAA applies. (Glaser Decl., ¶ 10, Ex. C.) Accordingly, Satellite has sufficiently demonstrated that FAA applies to the arbitration agreement. A court's role in considering a petition to ...

Excerpt: ...1) is also DENIED. Defendants' separate statement is deficient as to the alternative motion for summary adjudication. On a motion for summary adjudication, the separate statement must tie each “undisputed material fact” to the particular claim, defense or issue sought to be adjudicated. (Cal. Rules of Ct., Rule 3.1350(b).) Here, the notice of motion seeks in the alternative, summary adjudication as to the four causes of action for wrongful de...

Excerpt: ...tioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement. (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or ser...