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Excerpt: ... requirements for re lief under C.C.P. § 1008(a). However, the Motion appears to be timely (see Markow Decl. at ¶ 23, in ROA 574), which the Opposition does not dispute. It is also based on “new or different facts, circumstances, or law” sufficient to support the Motion. (Id. at ¶ 24.) It also would in any event support reconsideration on the Court's own Motion, based on what has been presented. (See Le Francois v. Goel (2005) 35 Cal.4th 1...

Excerpt: ...). Pla intiffs allege that defendants know about the bedbug infestation in their room and failed to completely eradicate it. [Complaint, ¶¶90 -91] From this, the reckless disregard of the probability of emotional injury is alleged. [Complaint, ¶94] These alleg ations are sufficient to state two of the elements. However, defendants have not alleged “severe” emotional distress. “Severe emotional distress [is] emotional distress of substant...

Excerpt: ...(Id., rule 3.1800(a)(2) -(8); see Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 288 [evidence of damages is required for default judgment]; see also ROA No. 419 – Heidary Decl., in passim [one -page conclusory declaration].) There is also no affidavit of notice. (See Code Civ. Proc., § 587; Bae v. T.D. Service Co. of Arizona (2016) 245 Cal.App.4th 89, 108, fn. 15.) Indeed, there is no proof of service of the motion as to defendan...

Excerpt: ...nt to C.C. P. §§ 2023.010, 2023.030, 2033.280(b). PLAINTIFF also moves for an Order compelling DEFENDANT HORIZON CONSTRUCTION & REMODELING, INC. to serve verified responses, without objection, to Plaintiff's Form Interrogatories - Employment [Set Three], within ten (10) calendar days of the hearing on this Motion. (ROA 144.) Plaintiff moves for an order that Defendant Horizon and its counsel of record Fred Hayes and Rogers, MacLeith & Stolp, L...

Excerpt: ...t least 21 day s before the motion is filed. Section 128.7(c) reads, in pertinent part: "A motion for sanctions under this section shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). Notice o f motion shall be served as provided in section 1010, but shall not be filed with or presented to the court unless, within 21 days of service of the motion, or any other p...

Excerpt: ...ond cause of action for stri ct products liability. Request for Continuance In the alternative, Valley Forge contends that the hearing should be continued under Code of Civil Procedure section 437c(h) as additional facts regarding the purchase, installation, and failure of the Culli gan System will be revealed through additional discovery including the deposition of Defendant, Morris Inc.'s PMK which has not yet been taken; and which has been rev...

Excerpt: ...s Abraham Cannon and MyMoveBid.com “to provide software development services for the MyMoveBid.com platform,” but that defendants have not paid over $135,000 for services performed. The complaint also alleges that “MyMoveBid.com is a fictitious business name for Abraham Cannon and if it is an entity, he is the alter ego of such entity.” (The court notes the written agreement attached to the complaint is executed by “Abraham Cannon.” ...

Excerpt: ...by Civ. Proc. Code § § 1032 and 1033.5. Plaintiff was the prevailing party at trial against each of the defendants other than 33D. (ROA #574.) “The mere filing of a motion to tax costs may be a “proper objection” to an item, the necessity of which appears doubtful, or which does not appear to be proper on its face. [Citation.] However, “[i]f the items appear to be proper charges the verified memorandum is prima facie evidence that the...

Excerpt: ...elez [RO A # 1104], are sealed. Statement of Law “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2...

Excerpt: ... of two terms: (1) six months after the person's death, or (2) the limitation period that would have been applicable had the person not died.” Parsons v. Tickner (1995) 31 Cal. App. 4th 1513, 1525; Code Civ. Proc., § 377.30. The two -year statute of limitations, CCP § 335.1, applies to statutory elder abuse and negligence claims. Defendant argues the statute of limitations has run, even with the application of Emergency Rule 9(a), which s...

Excerpt: ...action for breach of contrac t requires pleading of a contract, plaintiff's performance or excuse for failure to perform, defendant's breach, and damage to plaintiff resulting therefrom.” (Munoz v. MacMillan (2011) 195 Cal.App.4th 648, 655.) “A written contract may be pleaded either b y its terms— set out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated therein by reference— or by its lega...