Excerpt: .... (hereinafter “Ital Catering”),and Spectrum Restaurant Management Group, LLC. (hereinafter “Spectrum”) (collectively referred to as Cross-Defendants) move to quash the subpoena on the grounds that the categories of documents requested are overly broad and seek items outside the scope of permissible discovery, and it seeks documents that are private, and the privacy rights outweigh any right to discovery. In Hill v. National Collegiate At...

Excerpt: ...warranty, which includes automobiles. Civil Code §1794(a) states: “Any buyer of consumer goods who is damaged by a failure to comply with any obligation under this chapter or under an implied or express warranty or service contract may bring an action for the recovery of damages and other legal and equitable relief.” Defendant argues that Plaintiff failed to adequately allege a contract for warranty by setting out the terms verbatim or attac...

Excerpt: ...and its sales agent Defendant No Hoang for $20,000. At paragraphs 6 and 7 of the complaint, Plaintiff alleges Defendants sold her a bed for $20,000 “to cure her medical problems.” At paragraph 8, Plaintiff alleges, “The product advertized by Defendants in fact were not as described, being a defective product and not serving Plaintiff's the needs.” At paragraphs 9-11, Plaintiff alleges she requested a refund and rescission of the sale, but...

Excerpt: ...he tolling issue. The court also orders further briefing regarding the issue of lack of consideration, namely, whether the June Agreement is invalid merely because it was signed again at a different date but is identical to the May Agreement. Both sides shall file supplemental briefs on those issues, only, no later than 7 court days prior to the continued hearing date. No reply briefs will be permitted. The court further orders Plaintiff to provi...

Excerpt: ...ant Norman S. Wright Climatec Mechanical Equipment of Southern California, LLC (“NSWC”). Sigler asserts that while he was still working for Sigler, Whitaker provided NSWC with Sigler's confidential trade secret information including internal pricing, bids, proposals and job information. Based on its assertions, Sigler alleges six causes of action against NSWC: (1) Misappropriation of Trade Secrets (Violation of Civil Code §§ 3426 et seq.); ...

Excerpt: ...Homes by 8/30/19. Plaintiffs filed applications for service of these Defendants by publication in August 2019. On 8/30/19, the Court rejected these applications as deficient, and set a continued OSC re: Dismissal as to these Defendants for 11/15/19. Plaintiff filed revised applications for service by publication of Defendants Stevens, Navarez, and Pacific West Homes on 8/30/19, which the Court denied on 9/20/19 because Plaintiffs' application fai...

Excerpt: ...ssible evidence on each element of a “cause of action” entitling him or her to judgment. (CCP § 437c(p)(1).) “Ordinarily, when an employee sustains a worksite injury, the exclusive remedy against his or her employer is provided by the workers' compensation law, and the employer is immune from a suit for damages. ([Labor Code,] §§ 3600, 3601, 3602, subd. (a). ) [(All further statutory references are to the Labor Code unless otherwise stat...

Excerpt: ...nd as to the complaint of Lihua Xia and Xiao Qin Zhou. Second COA – Breach of Fiduciary Duty Defendant Chen contends the second cause of action is insufficient because Plaintiffs fail to allege the existence of a fiduciary duty between Defendant Chen and Plaintiffs. “A fiduciary relationship is ‘any relation existing between parties to a transaction wherein one of the parties is in duty bound to act with the utmost good faith for the benefi...

Excerpt: ...part. “A demurrer tests the pleading alone, and not the evidence or the facts alleged. . . To the extent there are factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of ...

Excerpt: ...posing 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 discovery requests, violation of previous court orders, and destruction...

Excerpt: ...t was that Plaintiff would contribute half of the down payment and half of the mortgage payment every month, as well as half of the upkeep on the home. Plaintiff would be a 50% owner of the property if he performed these obligations. At paragraph 6, Plaintiff alleges he relied on Defendant's promise and performed his contractual obligations. However, Defendant now claims 100% ownership of the property since Plaintiff is not on the title, and Defe...

Excerpt: ...ted a declaration in which he states that counsel inadvertently only used one of the multiple folders that had accumulated over the course of litigation that contained receipts to calculate the costs provided to the Court as part of its Default Judgment Package. (Parke Decl., ¶ 3.) On September 21, 2020, Plaintiffs filed a Memorandum of Costs and Fees that request an additional $9,497.45. Plaintiffs contend that the court may amend the judgment ...

Excerpt: ...liminary issue, there was no minute order reflecting any order by this court during the 8/24/20 IDC directing Riptide's PMK deposition to be completed by the end of September 2020 as asserted by plaintiff. Under Code of Civil Procedure section 2025.410, a party may object to a deposition notice at least three days prior to the scheduled deposition date. (Code Civ. Proc., § 2025.410, subd. (a).) A party may also move for an order staying the taki...

Excerpt: ...end, a corporation is not a natural person, and therefore cannot appear in an action in propria persona. It can appear only through counsel. (Merco Const. Engineers, Inc. v. Municpal Court (1978) 21 Cal.3d 724, 731.) This prohibition stems from the notion a corporate representative who would likely appear on behalf of the corporation would be engaged in the unlicensed practice of law. (Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1284 (Gamet).)...

Excerpt: ...eemed admitted, as well as for a monetary sanction” under § 2023.010 et seq. (Code Civ. Proc. § 2033.280(b).)“The law governing the consequences for failing to respond to requests for admission may be the most unforgiving in civil procedure. There is no relief under section 473. The defaulting party is limited to the remedies available in [CCP § 2033.280].” (Demyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 394- 395 (di...

Excerpt: ...ry sanction of $5400 against plaintiff and its attorneys. The Motion is DENIED as MOOT. To the extent that it is not moot the motion is DENIED. All request fors sanctions is DENIED. The subpoena is directed at Farmers Insurance Exchange (Exhibit A to moving papers) and asks for production of the following documents: · All DOCUMENTS RELATED to Policy Number 60585-19-38. · All DOCUMENTS RELATED to the policy referenced in the document attached as...

Excerpt: ...he Declaration of J. Daniel Weidner because they are not material to 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 s...

Excerpt: ... 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 and conclusory assertions of ultimate facts.” (Strasne...

Excerpt: ...ions relating to “Project Normandy” and “Operation Normandy.” The court notes that there is an inconsistency in its ruling as to Request Nos. 1 through 4 and 47 through 50, and therefore uses it inherent authority to reconsider and correct its prior rulings as to these Requests. (See Le Francois v. Goel (2005) 35 Cal. 4th 1094, 1109.) The court notes that the rulings are inconsistent because Coldwell Banker did not make the same arguments...

Excerpt: ...LLCs (the “Prudential Defendants”) and (2) Dawn Coleman- Hyman. Upon reconsideration, the motion for summary judgment or summary adjudication brought by the Prudential Defendants, filed as ROA 51 on 10/16/19, is DENIED. Upon reconsideration, the motion for summary judgment or summary adjudication brought by Defendant Dawn Coleman-Hyman, filed as ROA 61 on 10/16/19 is DENIED. This action arises out of Plaintiff Alan J. Meister's purchase of an...

Excerpt: ...e directed fails to serve a timely response, the propounding party may move for an order compelling response and for a monetary sanction. (Code Civ. Proc., § 2030.300 see Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) There is no time limit for serving a motion to compel when no responses have been served. (Sinaiko, supra, 148 Cal.App.4th at page 404.) Additionally, there is no meet and co...

Excerpt: ... the court's ruling on its own motion to reconsider the October 5, 2020 and November 2, 2020 Orders, as to Request Nos. 1-4 (Set Two) and Request Nos. 47-50 (Set One) which are set for hearing on December 14, 2020. In view of the complexity and frequency of the discovery disputes in this matter the court requests the parties to address the issue of appointment of a discovery referee at the hearing. 1. Production of Documents responsive to Request...

Excerpt: ...ortened time or continue trial will be discussed at time of hearing will be discussed at time of hearing. The options are (1) to specially schedule the MSJ on January 26, 2021 and permit the motion to be heard within 30 days of trial or (2) continue the trial date. The court cannot shorten the required notice periods set forth in CCP §437c. 2. Motion of Plaintiff, in the alternative, for orders: (1) advancing the hearing date on its MSJ and shor...

Excerpt: ... defendants request for attorney's fees and costs on the appeal of its Anti-SLAPP motion. (2) The court denies defendant's motion reconsideration/renewal of its first motion for attorney's fees and (3) the court awards attorneys fees for the instant motion. The court awards $29,082.75 in total in reasonably incurred fees and costs. Attorney's fees on Appeal Three defendants, TheWeatherman, Elaine and sem09 filed the anti-SLAPP Motion. The court d...

Excerpt: ...on (ROA 1624) is off calendar as MOOT. The objections to the declaration of attorney Alex L. Benedict filed by Crown Valley are all sustained with the exception of objection 8, which is overruled. Non-party Luxury Asset Lending, LLC, moves for an order quashing the subpoena for deposition testimony and production of documents served by defendant Crown Valley Holdings, LLC. Non-party also moves for an order imposing a monetary sanction of $3650 ag...