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: ...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...