Excerpt: ...alleges subsequent wrongful conduct, it fails to plead the alleged misrepresentation with particularity or to allege plaintiff's justifiable reliance. (See Lazar v. Superior Court (1996) 12 Cal.4th 631, 638 [elements], 645 [particularity]; see also Mirkin v. Wasserman (1993) 5 Cal.4th 1082, 1088 [plaintiff must plead her own reliance].) 2nd cause of action, wrongful foreclosure. The complaint fails to state facts sufficient to constitute this cau...

Excerpt: ...olutions changed its name to Accelerated Payment Technologies (and later to OpenEdge Payments, LLC) On 03/06/12, Vegas Holding and Accelerated Payment Technologies (hereinafter “VH/APT”) joined forces and filed suit against Knapp for fraud and breach of contract. That lawsuit (2012-551681) alleges that Knapp failed to honor his duty of loyalty to the company and made material misrepresentations regarding the financial strength of the company ...

Excerpt: ... (2003) 110 Cal.App.4th 1273, 1283.) Courts do not seal documents on the parties' agreement ”without a specific showing of serious injury.” (Id. at p. 1282.) Defendants have not shown how disclosure of “a routine settlement document” will “prejudice any legitimate confidential business practice” or anything else. (Id. at p. 1284.) Motion to Transfer Venue Defendants motion to transfer venue is GRANTED. The clerk of the court shall tra...

Excerpt: ...Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. . .” C.C.P. § 2017.010. “Protection of informational privacy is the provision's central concern. (Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 35) Hill. . . established a framework for evaluating potential invasions of privacy. The party asserting a privacy right must establish a legally protected privacy interes...

Excerpt: ...-7, 11-22, & 24-25 within 30 days. The parties shall thereafter meet and confer in a good faith attempt to resolve any remaining disputes. As to document demands #2, 4-7, 11-22, & 24-25 and plaintiffs' sanctions request, the hearing is continued to 7/9/18 at 2 pm in Dept. C12. Plaintiffs may file and serve a supplemental 8-page brief and supporting declarations no later than 6/22/18. Deponent may file and serve a supplemental 8-page brief and sup...

Excerpt: ......

Excerpt: ... by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules, the trial court is justified in imposing the ultimate sanction.' . . . Under this standard, trial courts have properly imposed terminating sanctions when parties have willfully disobeyed one or more discovery orders.” Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377, 390. Application: On 1/22/18, the Defendant...

Excerpt: ......

Excerpt: ...� 761.020.) He alleges the series of transfers from “decedent as trustee” to decedent to EDC are void due to undue influence and that, absent the void transfers, he would hold title as successor trustee or executor. “The rule which requires allegations of facts where undue influence is the issue does not require the allegation of evidentiary facts but only that ultimate facts be pleaded.” (Krug v. Meehan (1952) 109 Cal.App.2d 274, 277.) D...

Excerpt: ...D with 10 days leave to amend. On demurrer, a court will consider properly-pleaded material facts but tends to disregard the contentions, deductions, speculation, or conclusions of law or fact. (WA Southwest 2, LLC v. First American Title Insurance Company (2015) 240 Cal.App.4th 148, 151.) Based on the facts, the Court agrees that in essence, the Complaint is describing a claim that the union and union representatives did not properly represent P...

Excerpt: ...ssible, to separate the attorney's time into compensable and non-compensable units. Counsel for moving party to give notice. ...

Excerpt: ...bdivision (b), provides that the presiding judge “shall permit the filing of that litigation only if it appears that the litigation has merit and has not been filed for the purposes of harassment or delay.” On the same day, the Presiding Judge granted Plaintiff's request “as to 5 th cause of action only (intentionally allowing roaches to reach over 20,000 in rental unit).” (Emphasis in original.) In its attachment to the order, the Court ...

Excerpt: ...law or statute” since the demurrer was overruled. (Code Civ. Proc., § 438, subd. (g)(1); see Yancey v. Superior Court (1994) 28 Cal.App.4th 558, 562, fn. 1.) Here, the court's reference to Acqua Vista Homeowners Assn. v. MWI, Inc. (2017) 7 Cal.App.5th 1129, 1147, in overruling the demurrer to the SAC, does not foreclose Defendants' instant Motion. In the September 29, 2017 ruling on the demurrer to the SAC, the court noted that “[t]here is a...

Excerpt: ... debtor for money or property that is the subject of the action or proceeding.” Thus, the court is baffled by plaintiff's argument that the settlement in this case does not constitute “income” as defined in Family Code §4058, an issue that has nothing to do with any exemption issues. Plaintiff makes no other arguments as to why his settlement proceeds should be exempt, and his procedural arguments lack merit. The lien is timely since no ju...

Excerpt: ...amages is vested in the plaintiff on a particular day. (Civil Code § 3287(a).) The test for determining “certainty” is whether Defendants actually know the amount owed or could have computed the amount from reasonably available information. (Wisper Corp. v. California Commerce Bank (1996) 49 Cal.App.4th 948, 960.) The “certainty” requirement concerns whether there is a factual dispute about the amount of damages, regardless of whether th...

Excerpt: ...hancement is appropriate. Ketchum v. Moses (2001) 24 Cal.4th 1122, 1138. See also Robertson v. Fleetwood Travel Trailers of California, Inc. (2006) 144 Cal.App.4th 785, 822. On its face, this case does not appear to be unusual in its complexity. Nor does it appear any enhancement is due for risk of loss or delay in payment as these factors have already been included in consideration of the lodestar. Id. Therefore, no enhancement will be applied. ...

Excerpt: ...ention that it was not dealing with a situation involving litigation and a formal judgment which were involved here. Probate Code § 1000 says “Except to the extent that this code provides applicable rules, the rules of practice applicable to civil actions, including discovery proceedings and proceedings under … the Code of Civil Procedure,apply to, and constitute the rules of practice in, proceedings under this code. . . .” The Law Revisio...

Excerpt: ...ank to actually deposit them into the “Stone-Lamm Trust” – an account held exclusively by Walji. Sometime thereafter Walji withdrew and absconded with the funds. Walji is now serving time in a federal prison for his shenanigans. Plaintiff is out $1.4 million – representing a large portion of his retirement savings. Plaintiff believes that defendant should have been alerted to the activity given the size of the deposits. Before the Court t...

Excerpt: ...fficient to constitute a cause of action is Overruled in part and Sustained in part as follows: Overruled as to the 1 st cause of action for basic Neglect under the Elder Abuse Act. Plaintiff has sufficiently pled facts supporting a cause of action for Neglect under the Elder Abuse Act (CACI 3103). Plaintiff has also pled facts to support a showing that defendant St. Elizabeth is guilty of recklessness in the commission of that neglect. However, ...

Excerpt: ...to whom it is directed (e.g., “against defendant Smith”)]. It is not apparent then why they should be demurring. In any event, otherwise, demurrers to the fraud cause of action (2 nd), and to the indemnity cause of action (7 th) are Sustained with 15 days leave to amend. An amended complaint shall be filed and served within 15 days. For case management purposes, no new causes of action may added beyond the scope of leave to amend, without obt...

Excerpt: ... Instead, the complaint is pled in a long narrative format. The 1 st cause of action for personal injury and the 5 th cause of action for breach of professional doctor/patient relationship are not causes of action and appear related to the 2 nd cause of action for medical malpractice/negligence. The 2 nd cause of action for medical malpractice/negligence is barred by the one-year statute of limitations set forth in CCP §340.5. The complaint alle...

Excerpt: ... Courts treat the demurer as admitting all material facts properly pleaded, but do not assume the truth of contentions, deductions or conclusions of law. Ramirez v. Tulare County District Attorney's Office (2017) 9 Cal.App.5 th 911, 924. On 10/29/16, Petitioner allegedly “disciplined” her 10 year-old son when his performance during a piano lesson was not to Petitioner's satisfaction. She hit him all over his body with a wooden spoon, and forc...

Excerpt: ... for answer or demurrer. (Code Civ. Proc., § 473, subd. (a)(1).) The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (Ibid.) Additionally, any judge, at any time before or after commencement of trial, in the furtherance of justice, ...

Excerpt: ...�� This is true where the plaintiff voluntarily dismisses or where the trial court orders an involuntary dismissal . . . Defendant is entitled to costs regardless of whether the dismissal is with or without prejudice”) (internal cites omitted); Mon Chong Loong Trading Corp. v. Superior Court (2013) 218 Cal.App.4th 87, 94 (“voluntary dismissal of a lawsuit is always conditioned ‘upon payment of the costs; even if the dismissal is without pre...

Excerpt: ...Defendant's entire Verified Answer to Plaintiffs First Amended Verified Complaint is DENIED AS MOOT. The policy favoring leave to amend is so strong that it is an abuse of discretion to deny an amendment unless the adverse party can show meaningful prejudice, such as the running of the statute of limitations, trial delay, the loss of critical evidence, or added preparation costs. Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761. There are no...

Excerpt: ...urt to determine the proper trustee of the Sacher Family Trust as between plaintiff Fred Sacher and his alleged successor Alexander (Ted) Alvarez, and by defendant Kenneth Sacher, as competing alleged trustee. The determination of the probate court will apparently determine the proper plaintiff for this case; vested with standing to pursue the present action for the trust. In the Answer to the Complaint filed here, Defendant Kenneth Sacher is ass...

Excerpt: ...notice to the class. Ambiguity exists as to whether the $500,000 for plaintiffs' attorneys is only for attorneys' fees or for both attorneys' fees and costs. The settlement agreement (p. 21, l. 16) and notice to class (p. 3) suggest costs are not included in the $500,000, but the Nathan declaration (p. 8, l. 28) and the Baker declaration (p. 8, l. 17) are ambiguous. Clarification is needed. Further ambiguity exists as to the court ultimately reso...

Excerpt: ...ed the subpoena as they filed written objections thereto. Second, judgment debtor has an interest in preventing or delaying discovery of his assets. Third, counsel's declaration says he was not “personally served,” not that he never received the notice. The objections filed by judgment debtor to the notice of deposition are all overruled. Objections Nos. 6 and No. 10 are without merit. The records subpoena is addressed to Hart King and not th...

Excerpt: ...llegations that an officer, director or managing agent committed, ratified, or authorized an act of fraud, oppression or malice. Motion to Strike: Pursuant to Code of Civil Procedure Section 436 the court may strike out “any irrelevant, false, or improper matter inserted in any pleading.” A motion to strike may be used to strike punitive damages allegations in a complaint lacking factual foundation. Turman v. Turning Point of Central Calif., ...

Excerpt: ...al distress) and 4 th (abuse of process) causes of action. At issue is whether defendants' reporting of plaintiffs' alleged embezzlement is protected activity subject to anti-SLAPP protection. Relevant Background Between 2012 and 2015, Sterling Plumbing began suffering significant financial setbacks. By some accounts, this was the byproduct of a downturn in the economy, coupled with Sterling's ill-advised decision to venture into government-spons...

Excerpt: ... case is that the Court, in rendering its Minute Order of February 22, 2018 did not know, consider or address the fact that the “Court failed to serve its Notice of Case Assignment to Plaintiff. Specifically: (1) The Court's E-file Clerk(s) failed to include the Notice of Case Assignment to Plaintiff's counsel via the completion of the Court's processing of Plaintiffs e-filing of the lawsuit documents on November 15, 2018. (2) The Court clerk(s...

Excerpt: ...l.App.3d 516, 529 (disapproved on other grounds); Britt v. Superior Court (1978) 20 Cal.3d 844, 864-865; John B. v. Superior Court (2006) 38 Cal.4th 1177, 1198. Defendants showed the information is relevant to their defense as to damages and the records could lead to the discovery of admissible evidence. A compelling interest is required to justify an obvious invasion of an interest fundamental to personal autonomy. Williams v. Superior Court (20...

Excerpt: ...ke loose and lodged in the portal between the maxilla and sinus cavity. Plaintiff alleges that as a result of the botched extraction, and subsequent remedial procedure, she suffers ongoing physical symptoms. Before the Court this day is a motion to quash summons by specially-appearing defendant Dentsply Sirona. This entity is alleged to have had some role in the design, manufacture or distribution of the surgical bur used by Bijal which broke (id...

Excerpt: ..., whose failure to serve a timely response to requests for admission necessitated” the motion. Accordingly, because Defendant's failure to serve a timely response to Plaintiff's Requests for Admission caused the filing of the instant motion, the court grants Plaintiffs' request for sanctions against Defendant Diane Lynch and imposes sanctions of $1,060.00 [(reasonable rate of $250 an hour x 4 hours) + $60) against Defendant, which shall be paid...

Excerpt: ...sary duplication of evidence and procedures); and to avoid the substantial danger of inconsistent adjudications (i.e., different results because tried before different juries, or a judge and jury, etc.). (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2017) ¶ 12:340.) Here, consolidation of this action and the limited action (Evergreen v. Choi, Orange County Superior Court case no. 30-2011-00443427) would be im...

Excerpt: ...or to this hearing, the truth of the matters specified in Michelin's first sets of requests for admission are deemed admitted. (Code Civ. Proc., § 2033.280, subd. (c) [the court shall deem the matters admitted “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220...

Excerpt: ... a “claims made” settlement? 2. Since this is a “claims made” settlement, why are the proposed class members required to request exclusion or be bound by the release (Joint Stipulation, ¶¶ 18, 21 and 26)? 3. There does not appear to be a provision for the payment of employer-side taxes. How will those be paid? 4. The proposed release language and terms (see Joint Stipulation, ¶¶ 24, 53 and 71- 73) appear to negatively impact the fairn...

Excerpt: ...ter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.” (Emphasis added.) Trial is set for 4/16/18; the 15 th day before trial is 4/1/18, which is a Sunday. As a result, the motion was due to be personally served on 3/7/18 pursuant to Code of Civil Proced...

Excerpt: ...rovide further responses to the following discovery: (1) Interrogatories regarding Plaintiff's damages: Special Interrogatory No. 8; General Form Interrogatory Nos. 8.8 & 9.1. If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure fully to answer the interrogatories. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) Plaintiff Lauren Scricca has not met her burden as a...

Excerpt: ...provided this court with any response by plaintiff. Nor has defendant fashioned this motion as one where plaintiff did not respond, under CCP §2031.300. Defendant also has not filed any Separate Statement under CRC Rule 3.1345. Thus, this motion is not procedurally proper and must be denied. Plaintiff is ordered to give notice of the ruling unless notice is waived. ...

Excerpt: ...ss- Complaint is DENIED in its entirety. With respect to the request of Plaintiffs/Cross- Defendants Linda M. Rodger and Nancy Ann Maggio as Co-Trustees of The Virginia Richards Revocable Intervivos Trust Dated May 1, 1986 and North County BRS Project, LLC (collectively, “BRS”) for judicial notice (ROA 123), the Court GRANTS judicial notice of Exhs. B-C and J, except that judicial notice will not extend to any hearsay statements contained the...

Excerpt: ...ised papers, including the notice of settlement to the class. The revised class notice on p. 2, section 3 references the old four-part payment schedule, and on p. 4, section 5, references annual distribution checks to Class Members even though the supplemental papers now describe a bi-annual distribution plan. The revised class notice must be corrected. Moreover, bi-annual means twice a year, while plaintiffs presumably intend payments to be made...

Excerpt: ...ocedure section 1281.2 must prove by a preponderance of the evidence that: (1) the parties entered into a written agreement to arbitrate; (2) one or more of the claims at issue are covered by that agreement; and (3) the responding party refused a prior demand for arbitration under the agreement of the claims at issue. (Code Civ. Proc., § 1281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, th...

Excerpt: ..., looking to specially strike the complaint as a strategic lawsuit against public participation (SLAPP). There is also a related motion to halt plaintiff's deposition. Defendant Brett Schulte is alleged to have authored “the John Comment” which is described at FAC Para 27 and Para 48. This was a review posted online at www.RipOffReport.com on 03/17/17. Schulte is associated with Basta, Inc. a tenant rights organization based out of Los Angele...

Excerpt: ...or Court (2004) 121 Cal.App.4th 1100, 1110. During the dissolution, the business of the partnership will wound down. The only issue involved is monetary damages. Sullivan has not shown Irreparable Injury. Probable Success on Merits: A preliminary injunction must not issue unless it is “reasonably probable that the moving party will prevail on the merits.” San Francisco Newspaper Printing Co., Inc. v. Sup.Ct. (1985) 170 CA3d 438, 442. (Emphasi...

Excerpt: ...nd the supporting declaration fails to state the date of service. Additionally, the declaration fails to state the method of service of the Three Day Notice to Quit. There is also a triable issue as to whether the defendant continued in possession of the property following service of the Three Day Notice to Quit on the same grounds stated above. Plaintiff may not rely upon the allegations of its own verified complaint or its exhibits to cure thes...

Excerpt: ...l not extend to any hearsay statements contained therein. The Court DECLINES to rule on any objections (ROA 1968) because “the court need rule only on those objections to evidence that it deems material to its disposition of the motion.” (CCP § 437c(q).) Insurance Defendants previously filed two motions for summary judgment/summary adjudication against Plaintiffs based on the Fourth Amended Complaint, which had remaining a single cause of ac...

Excerpt: ...9. The court will complete the information noting the trial date is presently scheduled for May 14, 2018, at 9:00 am in Department C20. It appears there is no timely written opposition in response to this matter. The Motion is granted. However, the withdrawal will not be effective until Gordon & Rees LLP causes a copy of the signed Order to be served upon the Client, and a proof of service is filed with the Court demonstrating the service. Gordon...

Excerpt: ...ry requests to Plaintiff, but despite a 30-day extension of time until 10/26/17, no initial responses were ever received. In Opposition, Plaintiff states that there was an agreement to handle discovery informally and that responses will be served before the hearing. But as of the date of filing of the Reply on 2/13/17, there is no evidence that any initial responses have been received. In Reply, Defendant acknowledges there was an initial agreeme...

Excerpt: ...n the amount of $490 on each motion against the respective plaintiffs, is continued to June 15 18 to confirm valid service. The proofs of service on the discovery demands and on the motions are defective because they fail to comply with CCP § 1013a(3)(G) in that they fail to state that the motion papers were in fact placed for collection and mailing following ordinary business practices. Counsel for moving party to give notice. ...

Excerpt: ...endants Sidley and McNicholas to plaintiff Coleman's second amended complaint was sustained on the ground of uncertainty. (2-8-18 Minute Order.) In plaintiff Coleman's second amended complaint, plaintiff's definition of “Defendants” included defendants Sidley and McNicholas based on Paragraph 11 of plaintiff' second amended complaint and thus the regular use of “Defendants” left it unclear what allegations were being made against defendan...

Excerpt: ...atter is timely presented to the Court. (See 2/13/18 Decl. herein). However, a proposed Order to Show Cause form was not provided by the Applicant, as the Court requested in the minutes of 2/9/18. Under CCP §704.770, “(a) Upon the filing of the application by the judgment creditor, the court shall set a time and place for hearing and order the judgment debtor to show cause why an order for sale should not be made in accordance with the applica...

Excerpt: ...ation. Based on the evidence presented, Plaintiff has not established its claim is for money based on a contract with Defendant where the total amount of the claim is fixed or readily ascertainable as required by Code of Civil Procedure section 483.010(a). The plaintiff has presented no evidence of a contract between the plaintiff and the defendant HB Crude. The plaintiff has not provided this court with any evidence which supports a finding that...

Excerpt: ...6, alleging that the Controller had, in 2007, improperly paid Johannes-Surmenian one-half of the value of five properties for which Benavides had submitted a claim to the Controller. Plaintiff alleges that Johannes- Surmenian's claim to the Controller and subsequent refusal to return the proceeds she received from the State to Plaintiff resulted in more than $160,000 in damages to Plaintiff. Johannes-Surmenian subsequently filed a cross-complaint...

Excerpt: ...s allegedly have not exhausted required administrative remedies for that claim. For the following reasons, Defendants' demurrer is overruled. Defendants' demurrer to both causes of action based on uncertainty is overruled. Demurrers for uncertainty are disfavored. Lickiss v. Financial Indus. Regulatory Auth. (2010) 208 Cal.App.4th 1125, 1135. These causes of action are not “so incomprehensible that [Defendants] cannot reasonably respond.” Id....

Excerpt: ...Alternative Loan Trust 2006-OA10 Mortgage Pass-Through Certificates Series 2006-OA10's General Demurrer to the First Cause of Action for Quiet Title in Plaintiff's Second Amended Complaint (“2 ndAC”) is SUSTAINED without leave to amend, on the basis that the 2 ndAC fails to adequately allege facts demonstrating Plaintiff's standing to bring this cause of action, facts demonstrating the adverse claims as against which a determination is sought...

Excerpt: ...sserting a cause of action as a counterclaim, such cause shall be asserted as a cross-complaint. The erroneous designation of a pleading as a counterclaim shall not affect its validity, but such pleading shall be deemed to be a cross-complaint. Even if the court could consider the counterclaim as a cross-complaint and rule on the merits, the pleading is still procedurally defective. A cross-complaint may not be asserted as part of an answer. The ...

Excerpt: ...ged. It is not sufficient that the complaint might be barred. Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4 th 1397, 1403. The Cross-Defendant argues that the Settlement Agreement was executed in April of 2009, and as the purported scrivener's error occurred at that time, the action is barred by the statute of limitations at CCP § 337(1). Cross-Complainant argues that a new cause of action arises each time a wrongful action occurs, i.e...

Excerpt: ...ect Judicial Council forms and has met the other requirements to grant the requested relief, the Moving Party has not stated that good cause exists for the requested relief. RULING: Attorney Lisa G. Salisbury's motion to be relieved as counsel of record for Plaintiff Tukhi Business Group, LLC is conditionally granted upon evidence at the hearing as to “good cause” for the requested relief. The submitted declaration of attorney Salisbury is in...

Excerpt: ...claim has not been alleged with the required specificity. The demurrer to the third cause of action for breach of the covenant of good faith and fair dealing is sustained. There are insufficient facts alleged to determine what constitutes the alleged “wrongful conduct.” The demurrer to the fourth cause of action for money had and received is sustained. A common count, such a claim for money had and received, may be alleged in the alternative ...

Excerpt: ...nent death in the November and December 2017 timeframe. See, Decl. MANH at paras. 9 & 15. He further states that due to his inadvertence and distraction, that both a default and default judgment were entered against Defendant. See, Decl. MANH at para. 15. The Court finds that this showing is credible. The Motion to Set Aside Default was filed on 03-20-18, which was within the six month time limit following entry of default judgment on 01-05-18. D...

Excerpt: ...that bifurcation will result in any convenience to the witnesses or judicial economy. It is not clear that a bifurcated punitive damages phase will be more expeditious. Additionally, the defendants have not established that bifurcation is needed to avoid undue prejudice. There is no evidence which supports a determination that the damages phase will present an overwhelmingly sympathetic reaction such as to make it difficult for the jury to decide...

Excerpt: ...es, as well as the arguments of counsel at the February 8, 2018 hearing, the court grants Reliant's motion in part and denies it in part for the following reasons. The parties agree that Plaintiff's case should be arbitrated. SeePlaintiff's Opp. at 1:6-7; Plaintiff's Supp. Brief at 2:8-9. The parties dispute, however, whether Plaintiff is required to accept the American Arbitration Association (AAA) as the arbitration provider. When Plaintiff pur...

Excerpt: ...family way.'” Vinas's Compendium of Exhibits, Ex. 1 (at 15-16). Although these interrogatories refer to allegations in Cross-Complainants' Wayne Hayes and Amy Hayes's Cross-Complaint, see id. (Special Interrogatory No. 67), Cross-Complainants have filed a First Amended Cross-Complaint. The allegations to which Special Interrogatory Nos. 68 through 75 refer appear in paragraph 20 of the First Amended Cross-Complaint. Paragraph 20 alleges, in rel...

Excerpt: ... trial commences. 08:57 am The court and counsel discuss legal issues. All parties stipulate that the Cross-Complaint is a derivative lawsuit on behalf of Lock & Lock USA Distributor, Inc. 09:15 am The court is adjourned in this matter. (1/2/18 Minute Order.) Subsequently on January 11, 2018, the court set an MSC for April 6, 2018, and continued phase two of the jury trial to May 7, 2018. The court did not continue the discovery and discovery hea...

Excerpt: ...er party or non-party would create a substantial risk of serious financial or other injury that cannot be avoided by less restrictive means.” Order 1.e. Materials designated this way may only be viewed by this Court, certified reporters, counsel, experts, consultants, and “any person” who is “familiar” with the materials if all parties agree. Order 8. Here, defendant asks this Court to uphold his decision to designate his own deposition...

Excerpt: ... and judgment is void. The Defendant Moshe Ninio has established that he lacked notice of the action in time to defend and that such “was not caused by his avoidance of service or inexcusable neglect.” DEFENDANT MOSHE NINIO'S MOTION: When service of a summons has not resulted in actual notice to defendant in time to defend the action, defendant may move the court to set aside the default and any judgment thereon and for leave to defend the ac...

Excerpt: ...strike did not specifically request the court strike the references to certain regulations. Instead, the motion seeks to strike the entirety of five paragraphs. Even assuming those paragraphs did cite to an inapplicable regulation, plaintiff has alleged defendants also violated other unidentified regulations/statutes. For example, paragraph 64 states defendants violated “numerous statutes, safety orders, codes, and/or Cal. OSHA regulations with...

Excerpt: ... it appears that the client's address is unknown: If the attorney has no current address for the client, a reasonable effort must be made to locate the client (e.g., through the County Registrar of Voters). The attorney (or search firm) must provide a declaration detailing the efforts made. If the declaration establishes the client cannot be located despite diligent efforts, the client may be served in compliance with CCP § 1011(b), which author...

Excerpt: ... 260, 295.) 4. State of Delaware Certificate of Revival of Charter for Virtual Power Plant Inc., May 25, 2017 (RJN Ex. 4): Granted pursuant to Ev. 452(c) [official acts]. 5. Nick Michaels' Responses to Southern California Telephone Company's Requests for Admissions, Set One, dated June 1, 2017 (RJN Ex. 5): Granted. (CCP 2033.410(a) and Ev. 452(h)). 6. Voluntary Petition of Nicky Alexis Michaels, dated November 29, 2011 (Case No. 16 6:11-bk-46186-...

Excerpt: ...re trial, and it cannot represent itself in litigation. An uncontested judgment at trial against Hyperion will also substantially prejudice the ability of Mr. Nazarain to defend himself at trial in his capacity as the guarantor of Hyperion's debt. Without more evidence as to the nature of the “breakdown of attorney-client relationship” (i.e. whether counsel's withdrawal is based upon facts requiring mandatory withdrawal or whether counsel's w...

Excerpt: ...an opposition to Plaintiff's motion. If a party does not obey an order compelling further responses to interrogatories, the court may make those orders that are just. Cal. Civ. Proc. Code § 2030.300(e); see also id. § 2023.030. The discovery statutes evince an incremental approach to discovery sanctions, starting with monetary sanctions and ending with the ultimate sanction of termination. Doppes v. Bentley Motors, Inc.(2009) 174 Cal.App.4 th 9...

Excerpt: ...2012) 211 Cal.App.4th 1, 8.) The “Good Faith” Causes of Action 1. First Cause of Action for Intentional Misrepresentation The plaintiff's claim for intentional misrepresentation is unclear, but it appears he alleges the defendant misrepresented that it would perform a “good faith” review of his application. (¶¶ 17, 21 of the Complaint; ¶ 16 of Stewart Declaration.) To support this allegation, the plaintiff alleges the defendant purpose...

Excerpt: ...ling any documents concerning the Property. Having read and considered all of the documentation submitted by the parties in support of and in opposition to Plaintiffs' motion, including the parties' briefs, declarations, and exhibits, the court denies Plaintiffs' motion for the following reasons. Plaintiffs allege that Defendant's deceased husband provided a usurious loan to Plaintiffs in April 2007. The purpose of the loan was to refinance the P...

Excerpt: ...ion of its pending motion for judgment on the pleading will be rendered moot if the motion to substitute in personal representative is granted. Hence the court exercises its discretion to hear these matters together on 5-3-18, at 1:30 p.m., in Department C-33. Moving party to give notice. Plaintiff/Cross-Defendant Dominic J. Antonini's Request for Judicial Notice: Plaintiff/cross-defendant Dominic J. Antonini requested that the court take judicia...

Excerpt: ...ction on a contract from recovering their attorney's fees in a timely motion to set attorney's fees under CCP § 1033.5(c)(5). See also Calif. Rule Court, Rule 3.1372(b) and Kaufman v. Diskeeper Corporation(2014) 229 Cal.App.4th 1, 11. Under Section 8 of the Contract Services Agreement that formed the basis for Plaintiff's claims against Defendants, Defendants are the prevailing parties in this action on the Contract, and entitled to their reason...

Excerpt: ...is impossible to determine which Defendant committed what wrongdoing. This in turn renders the complaint such that the Defendant cannot reasonably respond. See Khoury v. Maly's of California Inc. (1993) 14 Cal.App.4th 612, 616. Additionally, as most of the underlying liability sounds in deceit, the use of a collective reference for the 14 various entity Defendants will result in the pleading being subject to demurrer for failure to allege the fra...

Excerpt: ...1 st COA – Defamation The demurrer to the First Cause of Action for defamation is OVERRULED. Defendant makes two main arguments in support of demurrer: first, that plaintiff cannot allege special damages, and second, that the claim is barred by the statute of limitations. On the previous demurrer, the court ruled that plaintiff's damages were based on delayed entry into the insurance business, and that such damages – being from an unestablish...

Excerpt: ......

Excerpt: ...gedly orchestrated by defendant Ronald Touchard. “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.” Civ. Code §1714(a). Thus, the law creates exceptions to a g...

Excerpt: ... cause of action is defective as to defendants Majid and Sara Ghorbani because they were not parties to the contract. However, paragraph 5 of the complaint alleges that the three defendants were owners of the real property. Paragraph 6 alleges that all three plaintiffs and all three defendants entered into an oral agreement for the completion of the construction on the property. Paragraph 6 also alleges that defendant Habib Ghorbani later entered...

Excerpt: ...h existing and prospective relationship are not solely based on Defendant's misappropriation of trade secrets, but also based on allegations that they diverted the physician referrals to Advanced Investment Group while Defendants Truong and Quach were working for Plaintiff. (See FAC, ¶¶ 42-43.) By its terms, the CUTSA has no effect on civil remedies not based on trade secret misappropriation. (Civ. Code, § 3426.7(b)(2); Silvaco Data Systems v....

Excerpt: ... cause for the production. (Code Civ. Proc., § 2025.480, subd. (a).) Hopkins requested Hardrock's PMQ witness produce documents to support Hardrock's claims that it has been damaged millions of dollars due to delays caused by Hopkins. Hardrock created and/or maintained those records, and Hopkins does not have access to them. Hardrock, however, failed to produce any documents. Hopkins also shows good cause for the second session of deposition, as...

Excerpt: ... requirements to obtain a writ of attachment; Deny. ...

Excerpt: ...P 473 (b), (d), 473.5, 418.10, 415.20.) B. Void Judgment; Inherent Equity Power DENIED on this ground. Defendants argue that they were not properly served so that the defaults and default judgments entered against them are void any may be set aside at any time. (Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4 th1241.) 1. POS Defective? Defendants argue that the POS is defective because it does not include a declaration of due diligence. (Motio...

Excerpt: ...ory requirements, so that they are entitled to the rebuttable presumption that service was proper. (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4 th 1426, 1441-1442.) Therefore, the burden is on Defendant to negate the presumption of proper service. (Evid. Code 606.) B. Defendant was Properly Served DENIED on this ground. The court finds that Defendant Gutierrez was properly served by personal service at the Varna address in Anaheim, as s...

Excerpt: ... Coast, CA 92657). Defendant contends the Family Law Court has resolved the ownership dispute of the subject real property (i.e., determined that Plaintiff has no ownership interest in the same), and therefore seeks to dissolve the stay order. Defendant Bryant provides evidence showing the Family Law Court issued a Notice of Entry of Order on 1-2-18 finding Plaintiff has no ownership interest in the subject real property (9 Beachcrest, Newport Co...

Excerpt: ...would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading. (3) The demurring party shall file and serve with the demurrer a declaration stating either of the following: Here, MP failed to file a Declaration “with the demurrer” establishing...

Excerpt: ... responses were served on 8-18-17. Defendants denied RFA Nos. 7-10, stated that they will produce all responsive documents to RFPD Nos. 5-24, and provided amended responses to Form Irogs. Further, former counsel for Defendants attests that documents were produced on or about 10-6-17, and that he tendered the sanctions check on behalf of Defendants, but that counsel for Plaintiff refused to accept the check. (Bitzer Decl., ¶¶ 13-14.) While it ap...

Excerpt: ...he hotel lobby to the restaurant courtyard. The Complaint does allege there are issues with the above in paragraphs 13, 14, and 16. The inspection is to occur within the next 30-calendar days. The Motion, however, is DENIED as to the fitness center, all public restrooms, guest laundry facilities, second pool and vending machines. These areas are not at issue as alleged by the Complaint. The Court DENIES all requests for sanctions. Moving Party is...

Excerpt: ...s entitled to notice of the inspection of the same. Plaintiff should properly serve all parties, including the entity in possession of the subject real property, with a Demand for Inspection of Real Property to inspect the same. The court notes that the new evidence submitted with the reply papers will not be considered. (Jay v. Mahaffey (2013) 218 Cal.App.4 th 1522, 1537-38.) Most of the inspection and discovery issues can and should be resolved...

Excerpt: ...Bonnie's history of attacking her roommate was material, and Deft's agents were under a duty to disclose it if they knew of it; Pltf has submitted evidence of acknowledgment by Preisman of a prior incident, and therefore there is enough alleged by Pltf to support a claim for fraud by concealment; Deny; ...

Excerpt: ...ant's failure to timely respond was a result of mistake, inadvertence or excusable neglect. (See Gruel Decl., ¶¶ 4-9, and 11.) SLAPFISH is to serve a privilege log identifying within the next 30-calendar days identifying any withheld documents based on the attorney-client and/or work product privilege and the tax payer's privilege as required by Code of Civil Procedure section 2031.240(c)(1). Moving Party is to give notice. (2) Plaintiff Abdelm...

Excerpt: ...y to permit amendment of the pleadings, even up to and including the time of trial. See Nestle v. Santa Monica, 6 Cal.3d 920, 939 (1972); Atkinson v. Elk Corp., 109 Cal.App.4 th 739, 761 (2003). Thus, if a motion for leave to amend is timely made, and the amendment will not prejudice the other party, it should be permitted. See Morgan v. Sup. Ct., 172 Cal.App.2d 527, 530 (1959). Defendants have not demonstrated prejudice. The amendment to the SAC...

Excerpt: ...ge Discrimination facts are pled at¶¶30-61 of the Fourth Amended Complaint. According to the Fourth Amended Complaint, the only allegation regarding age is when Ms. Blackwood allegedly said, "it's probably past bedtime" when referring to whether Plaintiff might attend an evening event. (4AC¶36.) This does not provide the necessary factual connection between the plaintiff's termination and his age. Plaintiff continues to allege that “...as th...

Excerpt: ...¶ 16 and Exhibit 8.) Code of Civil Procedure section 473, subdivision (b), states, in relevant part, “Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is m a d e n o mo r e t h a n s i x m o n t h s a f t e r e n t r y of ju d g m e n t , i s i n p r o p e r f or m , a n d i s a c c o m p a n i e d by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise...

Excerpt: ...quest is without merit. [¶] (b) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. [¶] (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the requesting party and the responding party have agreed in writing, the requesting party waives any right to compel...

Excerpt: ...the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or too general. [¶] (b) A motion under subdivision (a) shall be accompanied by a meet and confer declaration. [¶] (c) Unless notice of this...

Excerpt: ...uested admission, or set forth an objection to the particular request.” Code of Civil Procedure section 2033.220, explains, “Each answer in a response to request for admission shall be as complete and straightforward as the information reasonably available to the responding party permits. [¶] (b) Each answer shall: [¶] (1) Admit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasona...

Excerpt: ...e procedures set forth in Code of Civil Procedure section 1011, subdivision (b). Code of Civil Procedure section 1011, subdivision (b), states, in part, “If the party's residence is not known, then service may be made by delivering the notice or papers to the clerk of the court, for that party.” Third, the Proposed Order filed with the court does not include the client's last known telephone number (if any), the next scheduled hearing date, a...