Excerpt: ...t could nonetheless reasonably to the RFP despite the obvious clerical error. Further, a protective order would protect any confidential and/or trade secret material responsive to these RFPs. Plaintiff, however, does not show good cause justifying further production as to RFP Nos. 1, 17, 23, 24, 25, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 50, 51, 52, 53, 58, 59, 58, 76, 78, 79, 86, and 89. These RFPs seek dtNuments relating to vehicles other than...

Excerpt: ...Deposition Subpoena on Chi Thuy Anh Nguyen at the address of 1527 E. Commonwealth Avenue, Fullerton, CA 92831. (Janssen Decl. ¶ 3, Exh. A.) Evidence Code section 647 creates a rebuttable presumption affecting the burden of producing evidence of the facts stated in a valid registered process server's return. (See also, Floveyor International, Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 795 [filing of proof of service that complies with the ...

Excerpt: ...NIGUEL POINTE HOMEOWNES ASSOCIATION, and for sanctions. Plaintiff first takes issue with “General Objections” asserted by Defendant and purportedly incorporated into each response. Defendant prefaced each of its responses with a series of “General Objections,” including objections at times to the definition of “YOU” and “YOUR” in the RFAs, objections to the extent the RFAs seek information protected by the attorney-client privileg...

Excerpt: ...he discovery process warranting sanctions. (Code Civ. Proc., § 2023.010(d).) So too is disobeying a court order to provide discovery. (Code Civ. Proc., § 2023.010((g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) Once a party is ordered by the court to provide responses to discovery, continued failure to respond may result in the imposition of more severe sanctions. (See Code Civ. Proc., §§ 2030.290(c) (interrogatories), 2031.300...

Excerpt: ...prejudice the opposing party, it is error to refuse permission to amend….” (Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.) Prejudice includes “delay in trial, loss of critical evidence, or added costs of preparation.”  (Solit v. Tokai Bank, Ltd. New York Branch (1999) 68 Cal.App.4th 1435, 1448.)  “The power to permit amendments is interpreted very liberally as long as the plaintiff does not attempt to state facts ...

Excerpt: ...es seeking Gene Ventura's contact information. First, Thauer failed to provide an adequate expert witness declaration, as required by Section 2034.260 of the Code of Civil Procedure. Thauer's Amended Expert Designation does not comply; it does not provide a brief narrative statement of the general substance of Thauer's expected expert testimony. Second, regarding Ventura's contact information, Thauer contends that Ventura's contact information wa...

Excerpt: ...FELDER requests the court take judicial notice of: (A) Ford Motor Warranty Cases (Ochoa v. Ford) 2023 WL 2768484; (B) Ngo v. BMW of N. Am., LLC (9th Cir. Jan. 12, 2022) 23 F.4th 942; and (C) Morgan v. Sundance, Inc. (2022) 142 S. Ct. 1708. The court GRANTS the request, albeit unnecessarily. The court can consider case law without a request for judicial notice. Defendants seek to compel arbitration pursuant to the terms of a Retail Installment Sal...

Excerpt: ...ranty): These causes of action are based on the alleged breach of four different written agreements: (1) Equipment Financing Agreement No. 291390-000 (“EFA”) (Ngo Decl., Ex. 1); (2) Guaranty for Equipment Financing Agreement No. 291390-000 (“EFA Guaranty”) (Ngo Decl., Ex. 3); (3) Equipment Lease Agreement No. 291390-001 (“ELA”) (Ngo Decl., Ex. 4); and (4) Guaranty for Equipment Lease Agreement No. 291390-001 (“ELA Guaranty”) (Ngo ...

Excerpt: ...- GRANTED Plaintiff argues that the filing fee for a first response is $435, citing sections 70611, 70602.5, and 70602.6 of the Government Code, and not $450 as indicated in the Memorandum of Costs. Williams, in opposition, does not address this item. Nor does he provide any explanation or documentation to support that he paid $450 rather than $435. The court therefore GRANTS Plaintiff's request to tax $15 from the filing fees. Re Mediation Fees ...

Excerpt: ...ek a bifurcation order pursuant to Sections 1048(b) and 598 of the Code of Civil Procedure. Bifurcation is permissive, not mandatory here. Section 1048(b) of the Code of Civil Procedure states inter alia, “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action … or of any separate issue or of any number of causes of ...

Excerpt: ...MAS TONELLI, who in turn assigned his rights and interests before the close of escrow to Plaintiff ASSET DEVELOPMENT LLC (“ADL”). Subsequently, ADL assigned a joint tenancy interest in the Property to Plaintiff LUNAR MARIA OPERATIONS. The Property was transferred via a grant deed that is attached to the Complaint. The deed did not accurately depict the whole land Plaintiff thought they were purchasing. Apparently, a 1975 deed divided land wit...

Excerpt: ...t Vu Nguyen first appeared in this action when Attorney Fang L. Chen of LA OC Lawyers Group filed an Answer on his behalf on 3/7/23. (ROA 23.) The proof of service attached to the moving papers shows that Defendant Nguyen was mail-served at an Anaheim address, the same property that gives rise to this partition action. (ROA 13.) The motion was not apparently served on Defendant Nguyen's attorney. Such service does not appear to comply with Sectio...

Excerpt: ... made at least two other earlier attempts to file a "Motion to Dismiss." First, as noted by Plaintiff, Defendant Aljazzar attempted to file a motion on 1/9/23, which was rejected by the Clerk's Office because "[l]egal formatting is required." (ROA 14.) Second, Defendant Aljazzar attempted to file a motion on 1/27/23, which was again rejected by the Clerk's Office because of procedural deficiencies (e.g., failing to provide hearing information in ...

Excerpt: ...ssional negligence is not sufficiently pled. The cause of action appears to be premised on the theory that a legal duty arises generally from being a real estate agent and/or from knowing Plaintiff. For example, the FAC specifically alleges that "Sai is a licensed real estate agent and therefore has a professional duty to use such skill, prudence and diligence as other members of the profession commonly possess and exercise. More importantly, Sai...

Excerpt: ...n the subject property. "Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency." (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489; see Code Civ. Proc., S 128(a).) "[T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for couns...

Excerpt: ...S the request, albeit unnecessarily. The court can consider case law without a request for judicial notice. The RISC provides that: EITHER YOU [PLAINTIFF] OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), ...

Excerpt: ... the surrounding sidewalk that were not properly maintained by the defendants. More specifically, "for many years, the manhole cover was sinking into the sidewalk" and "[t]he sidewalk concrete surrounding the manhole cover was broken and contained jagged edges of concrete that posed a hazard to pedestrians". (SAC, GN-I.) It appears undisputed by the parties that the City owns the sidewalk, while Pac Bell owned the manhole cover. The City makes th...

Excerpt: ... defendant shows no duty of care existed to support the 5th cause of action and without the alleged negligence cause of action or other wrongdoing by moving defendant, the 6th cause of action likewise fails. Peter & Associates rely on Weseloh Family Ltd. Partnership v. K.L. Wessel Const. Co. (2004) 125 Cal.App.4th 152. In Weseloh, property owners hired a general contractor, who in turn hired a retaining wall subcontractor, who in turn hired engin...

Excerpt: ...a reasonable person in the same or similar circumstances would. Compl. 'l GN-I. The Complaint further alleges the City, through its agents, voluntarily assumed a protective duty towards Decedent and undertook action on her behalf, but did so negligently. (ld.) The 2nd cause of action for premises liability alleges the City created or had actual or constructive knowledge of, with lack of adequate warning or safeguards to the members of the public ...

Excerpt: ...nt ("TAC") (ROA No. 88) and a Supplemental Complaint (ROA No. 89) on 5/26/20. The 7th cause of action (first count), Th cause of action (second count), 7th cause of action (third count), 7th cause of action (fourth count), 7th cause of action (fifth count), 8th cause of action, 11th cause of action, 12th cause of action, and 14th cause of action are alleged against FCI. 7th Cause of Action - First Count (Intentional Misrepresentation - Fraud and ...

Excerpt: ...the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors. The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the notice of hearing and any counteraffidavits filed in response. (Code Civ. Proc., 5 877.6(b).) A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against...

Excerpt: ...case law without a request for judicial notice. Motion: It is undisputed that Plaintiff Gladders entered into a Retail Installment Sale Contract with Selma Chrysler Dodge Jeep Ram (the "RISC"). (Sandhu Decl. 2, Ex. A.) The RISC provides that: EITHER YOU [PLAINTIFF] OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. Any claim or dispute, whether in contract, tort, statute or otherwise (includi...

Excerpt: ...mary judgment or adjudication, and all evidentiary conflicts are to be resolved against the moving 1. Defendant Thanh (Manson) Ly's MSJ/A The court OVERRULES Ly's objections to the declarations of Hao Wang, Xiehua Gu, and Haitian Zhu. Ly's objections to Plaintiffs' additional facts are not objections to evidence. As explained below, the court DENIES Thanh (Manson) Ly's ("Ly") Motion for Summary Judgment or, in the Alternative, Motion for Summary ...

Excerpt: ...the 3rd cause of action for breach of contract and the 4th cause of action for negligence) are preempted, as a matter of law, by the Montreal Convention. In response, Plaintiff argues that the Montreal Convention does not apply here. The court finds that DHL proffers sufficient evidence showing that the Montreal Convention applies, that the Montreal Convention provides the exclusive remedy for Plaintiff's alleged damage to cargo, and that Plainti...

Excerpt: ...nable to attend his depositions, which had been set for March 6 and 7 of 2023. (Declaration of Jason N. Cirlin, '1 17.) To that end, on 3/2/23, Defendants objected to the two deposition notices. (Exhibits F & G to Declaration of Dixon Gardner in Support of Reply.) In one of those objections, Defendants stated, "Defendants and Defendants' counsel are unavailable on March 7, 2023." (Exhibit G to Gardner Declaration in Support of Reply.) The Court n...