Excerpt: ...er day that Defendant does not fully comply with the order. Cuie of Civil Prmædure S 2023.010 states, in part, as follows: "Misuses of the discovery process include, but are not limited to, the follow-ng: ... (d) Failing to respond or submit to an authorized method of discovery... . (g) Disobeying a court order to provide discovery." Code of Civil Prc„cedure S 2023.030 provides, in part, as follows: "To the extent authorized by the chapter gov...

Excerpt: ...here and entitled to some amount of fees. A court has wide discretion in determining what constitutes reasonable attorney fees. The court typically makes this determination based upon declarations without live testimony. The value of legal services performed in a case is a matter in which the court has its own expertise, and thus may make its own determination of the value of the services contrary to, or without the necessity for, expert testimon...

Excerpt: ...l, Angelica Toral, Karen Watkins, and Larry Watkins' ("Plaintiffs") move for an award of attorneys' fees in the amount $161,627M, plus costs in the amount of $2,413.94 of Defendant Related Management Company, LP. ("Defendant"). Defendant requests judicial notice of the following: 1. the Court's Minute Order in related matter Griffith v. Related Management Company, L.P., case number 2019- 01091978, regarding Plaintiff Motion for Summary Adjudicati...

Excerpt: ... claims and damages to raise a response or defense. Code Civ. Proc. S 430.10(f). A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond—i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her. Khoury v. Maly's of Calif. , Inc., 14 Cal. App. 4th 612, 616 (1993); A.J. Fistes Corp. v. GDL Best Contr...

Excerpt: ...erating Company, L.L.C., Orange City Mills Limited Partnership, and Mall at White Oaks, LLC's (“Landlords”) Motions to Compel are GRANTED in part and DENIED in part. Landlords seek an order compelling Fitness International, LLC “(LA Fitness”) to produce documents and provide further responses to RFAs 5-6, Form Interrogatory Nos. 12.1, 15.1 and 17.1, Special Interrogatory Nos. 3, 6 and 18 and RFP Nos. 1-5, 8, 9, 12, 13 and 15. The unresolv...

Excerpt: ... filed documents, and any documents filed after the July 31, 2023 hearing except for the declaration filed as ordered by the Court. A motion for judgment on the pleadings may be made, and granted, on the same grounds as a general demurrer. Cal. Code Civ. Proc § 438(c)(1)(B)(ii); Stoops v. Abbassi, 100 Cal. App. 4th 644, 650 (2002). A motion for judgment on the pleadings that is brought by a defendant may only be made either on the ground that th...

Excerpt: ... a Writ of Attachment in the amount of $47,296.30. An “attachment may be issued only in an action on a claim or claims for money, each of which is based upon a contract, express or implied, where the total amount of the claim or claims is a fixed or readily ascertainable amount not less than five hundred dollars ($500) exclusive of costs, interest, and attorney's fees.” Code Civ. Proc., § 483.010(a). Importantly, a court must find the follow...

Excerpt: ... the Court's ruling, below. First Cause of Action for Quiet Title Pursuant to Code of Civil Procedure § 761.020, an action to quiet title shall include: (a) a description of the property that is the subject of the action; (b) the title of the plaintiff as to which a determination is sought and the basis of the title; (c) the adverse claims to the title of the plaintiff against which a determination is sought; (d) the date as of which the determi...

Excerpt: ...int on 1-23-2020 alleging: 1. Violations of the Investigative Consumer Reporting Agencies Act (“ICRAA”), Cal. Civ. Code § 1786, et seq.; and 2. Declaratory Relief. Plaintiffs alleged that Defendants obtained investigative consumer reports about each of the Plaintiffs during the processing of Plaintiffs' Application for Occupancy at the Rosena Fountains Apartments, and the Luxaira Apartments, without complying with the mandatory requirements,...

Excerpt: ...lar interrogatory is evasive or incomplete; (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate; or (3) An objection to an interrogatory is without merit or too general.” Samhouri seeks to compel Plaintiff/Cross-Defendant Bin An to provide further responses to Form Interrogatories Nos. 1.1 and 15.1. The interrogatories were served via email on 10...

Excerpt: ...s, Special Interrogatories, and Form Interrogatories; (2) deeming the truth of all matters specified in Plaintiff's first set of Requests for Admission as admitted; and (3) imposing monetary sanctions. Code of Civil Procedure sections 2030.290 and 2031.300 state that if a party to whom interrogatories or a demand for inspection “fails to serve a timely response to it,” the party waives any and all objections and the propounding party may move...

Excerpt: ...eously labelled), 20, 22 and 29, within 15 calendar days' notice of this order. Additionally, Defendant and his counsel of record are jointly ordered to pay sanctions to Plaintiff, in the amount of $1,908.00, pursuant to Code of Civil Procedure section 2023.030(a). See also Code Civ. Proc., § 2023.010(e) and (f). Initially, the instant motion was filed on April 21, 2023, which is precisely 45-days after the date Counsel declares Defendant served...

Excerpt: ...tions, and actual production of documents in response to Requests for Production, Set One (“RFP”), Nos. 1 to 23, and awarding monetary sanctions in the amount of $2,440 against each defendant. This Motion is DENIED, in its entirety, as follows. A motion to compel a further response to a demand for inspection must set forth specific facts showing good cause justifying the discovery sought by the discovery request. Code Civ. Proc. § 2031.310(b...

Excerpt: ...efendant did not file or serve its opposition until a full week later, on 08/08/23, which is only four (4) court days before the hearing on this matter. Based upon the untimeliness of the opposition, the Court disregards the opposition and supporting documents filed under ROA 84, 86 and 88 pursuant to Rules of Court, Rule 3.1300(d). See also Rancho Mirage Country Club Homeowners Ass'n v. Hazelbaker, 2 Cal. App. 5th 252, 262 (2016). On receipt of ...

Excerpt: ...and Larry Watkins' (collectively, “Plaintiffs”) move for an award of attorneys' fees in the amount $161,627.00, plus costs in the amount of $2,413.94 from Defendant Related Management Company, L.P. (“Defendant”). Defendant requests judicial notice of the following: 1. the Court's Minute Order in related matter Griffith v. Related Management Company, L.P., case number 2019-01091978, regarding Plaintiff Motion for Summary Adjudication issue...

Excerpt: ...e plaintiff to use due care, breach of that legal duty, causation, and injury to the plaintiff. Holmes v. Summer, 188 Cal. App. 4th 1510, 1528 (2010). The existence of a legal duty is a question of law for the court. Id. at 1518. “The elements of a cause of action for premises liability are the same as those for negligence.” Castellon v. U.S. Bancorp, 220 Cal. App. 4th 994, 998 (2013). Whether to impose a legal duty to protect from injuries c...

Excerpt: ...is required to exercise its jurisdiction in a particular manner or subject to certain limitations, an act beyond those limits is in excess of its jurisdiction and void. Pacific Design Sciences Corp. v. Superior Court, 121 Cal. App. 4th 1100, 1106 (2004). Under Code of Civil Procedure § 483.010, attachment may be issued only if the claim sued upon is: (1) a claim for money based on a contract (express or implied); (2) the claim is for a fixed or ...

Excerpt: ...of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike.” See CCP § 435.5(a). In this instance, it appears that the parties exchanged emails to address the underlying motion. The parties are advised, however, that email exchange is not an adequate meet and confer for purposes of the applicable statute. The above notwithstanding, Plaintiff failed to oppose the Motion to Strike. The Court m...

Excerpt: ...all other parties have been served as well. The Court notes that the mandatory proposed order form was filed with respect to the Motion to be Relieved as Counsel for Lan Anh Nguyen. See ROA 89. However, no proposed order form has been filed with respect to Binh C. Nguyen. Accordingly, the Motions will be GRANTED, on the condition that Moving Attorney provide the mandatory Proposed Order Form (MC-053) with respect to Binh C. Nguyen at or before th...

Excerpt: ...here is a complete defense to the cause of action. CCP § 437c(p)(2). The scope of this burden is determined by the allegations of the plaintiff's complaint. FPI Development v. Nakashima, 231 Cal. App. 3d 367, 381-382 (1991) (pleadings serve as the outer measure of materiality in a summary judgment motion). Once a defendant meets its prima facie showing, the burden shifts to the plaintiff to show by reference to specific facts the existence of a ...