Excerpt: ...ade, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” Code of Civil Procedure section 1287.4 provides, in part, “If an award is confirmed, judgment shall be entered in conformity therewith.” Here, Defendants (James Merizan and Jeannie Merizan) do not challenge the validity of the arbitration award. Thus,...

Excerpt: ...¶12 of Ruiz Declaration and Exhibit “I” thereto.) Additionally, the Court finds the joinder of Mary Block to the Cross-Complaint is appropriate, pursuant to Code of Civil Procedure sections 428.20 and 378(a)(1). MP to give notice. ...

Excerpt: ...e DENIED. Initially, the Applications brought against Defendants Rainguard Pro, Inc. and Weatherman Products, Inc. are DENIED as Plaintiff submitted no evidence demonstrating a contractual relationship with these entities. Pursuant to Code of Civil Procedure section 483.010(a) “an attachment may be issued only in an action on a claim or claims for money…based upon a contract, express or implied….” Here, the Contract which forms the basis ...

Excerpt: ...il on 12-28-17. The Notice of Hearing, filed on 1-10-18, shows Defendant received notice of the hearing set for 2-13-18 at 1:30 p.m. Second, an attachment may issue only upon a claim for money based upon an express or implied contract. (Code Civ. Proc., § 483.010, subd. (a).) Plaintiff has established that its claim is one upon which attachment may be issued since its claim is for money based on an implied contract. Here, the Complaint alleges c...

Excerpt: ...he Demurrer has merit. (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 [“Plaintiffs did not oppose the County's demurrer to this portion of their seventh cause of action and have submitted no argument on the issue in their briefs on appeal. Accordingly, we deem plaintiffs to have abandoned the issue.”].) CMC is continued to 4-2-18, Dept. C11, at 8:45 am. Moving Party is to give notice. ...

Excerpt: ...51, 974.) “A plaintiff's burden in asserting a fraud claim against a corporate employer is even greater. In such a case, the plaintiff must ‘allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written.' [Citation.] (Lazar v. Superior Court (1996) 12 Cal.4 th 631, 645.) The FAXC adequately alleges fraud as follows (1) G...

Excerpt: ...ic rules of civil litigation. Trial judges must acknowledge that in propria persona litigants often do not have an attorney's level of knowledge about the legal system and are more prone to misunderstanding the court's requirements. When one party has counsel and the other does not, the trial court should monitor to ensure the in propria persona litigant is not inadvertently misled, either by the represented party or by the court. Special care sh...

Excerpt: ...Defendant did not set a hearing date and thus, a date for the response could not be calculated. Even if the content and the notice of the motion was adequate, the motion is untimely and not supported by any admissible evidence. Defendants to give notice. ...

Excerpt: ...and Donna Chavez (collectively Chavez) (Defendants, Cross- Complainants, and Cross-Defendants.) City moves for Summary Judgment on the Cross- Complaint filed on 8-14-17 by Holt Meyer (Defendant, Cross-Complainant, and Cross- Defendant). Request for Judicial Notice: The Court GRANTS Plaintiffs' Request for Judicial Notice of Exhibits 6-1, 6-2, and 6-3 (La Habra Municipal Code sections 12.20.100, 12.20.010, and 12.20.080) pursuant to Evidence Code ...

Excerpt: ...e section 2030.270, subdivision (a), explains, “The party propounding interrogatories, and the responding party may agree to extend the time for service of a response to a set of interrogatories . . . .” Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: . . . [¶] (b) The party propounding the interrogatories may move for an...

Excerpt: ...endant Laguna Crest Enterprises, Inc seeking responses to 1 st Set of Special Irogs from Cross-Defendant Tresor Investments, LLC, there does not appear to be any opposition. The Declaration of Josef M. Cowan (Attorney for Cross-Complainants Kenneth John Fischbeck and Laguna Crest Enterprises, Inc) states that he served the special irogs on Tresor Investments on 5-9-17 and has not received any responses. As MP is entitled to discovery herein, and ...

Excerpt: ...70, subdivision (a), explains, “The party propounding interrogatories, and the responding party may agree to extend the time for service of a response to a set of interrogatories . . . .” Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: . . . [¶] (b) The party propounding the interrogatories may move for an order compellin...

Excerpt: ...to dismiss the entire action and for entry of judgment after expiration of the time to amend following the sustaining of a demurrer may be made by ex parte application to the court under Code of Civil Procedure section 581(f)(2).” Code of Civil Procedure section 581(f)(2) states: (f) The court may dismiss the complaint as to that defendant when: … (2) Except where Section 597 applies, after a demurrer to the complaint is sustained with leave ...

Excerpt: ...urther 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 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 a...

Excerpt: ...4-18 Fourth Amended Complaint was filed. Because there is but one complaint in a civil action (Ford v. Superior Court (1973) 34 Cal.App.3d 338, 343), the filing of an amended complaint moots a motion directed to a prior complaint. (See Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1054 [filing of first amended complaint rendered moot demurrer to original complaint].) Thus, once an amendedcomplaint is fi...

Excerpt: ...the prevailing party, and award costs of suit and statutory attorney fees, at the conclusion of a litigation, after all the claims are resolved. [See CCP §1033.5(a)(10), (c)(5)); Cal.R.Ct. 3.1702(a),(b), 8.104(a); Civ. Trials & Evid. §§ 17:151-52, 17:166 (Rutter Group 2017); P R Burke Corp. v. Victor Valley Wastewater Reclamation Authority (2002) 98 Cal.App.4th 1047, 1052.] Here, the case is not over, and Plaintiff still has one undisposed-of ...

Excerpt: ...following reasons, Defendant's motion is granted. A. Vicarious Liability California law generally imposes liability on the owner of a vehicle, albeit there is a limitation on the amount of damages that may be collected for any resulting death or injury. See Cal. Veh. Code §§ 17150, 17151. The Graves Amendment, however, precludes liability based on the law of any state against an owner that is in the business of renting vehicles, if the harm occ...

Excerpt: ... Moving Parties claim summary adjudication is appropriate as to both cross-defendants, Antonio Medina and GNA on the first and fourth causes of action. Moving Parties argue the indemnity provisions of the contracts between Pelican and Responding Parties include RPs' duty to defend Pelican in this action. MPs imply they are entitled to collect the cost of their defense in this suit. It could very well be that Medina and GNA did owe MPs a duty to d...

Excerpt: ...1) 91 Cal. App. 4th 875, 882. Defendants' Request for Judicial Notice: Granted as to taking judicial notice of the language of Judicial Council Form Interrogatory No. 4.1. See, Evidence Code § 452(h). Plaintiff's Objection to and Motion to Strike Motion for JNOV and Associated Documents: Plaintiff objected and moves to strike the following pleadings for failure to comply with the rules of court: (1) the declaration of Jenos-Heidari filed in supp...

Excerpt: ...potential prejudice to Defendants, trial is continued from 4/30/18 to 10/1/18 and the MSC is continued to 8/31/18. All other pretrial dates are continued consistent with the new trial date. Plaintiff to give notice. Motion to Compel Compliance with Business Records Subpoena The Motion by Defendant Fotona, LLC's (“Fotona”) to Compel Institute for Advanced Laser Dentistry's (“IALD”) compliance with business records subpoena is GRANTED in pa...

Excerpt: ...f action for Malicious Prosecution and new allegations regarding the express written release currently pled in the Cross Complaint. The court finds no prejudice to Cross Defendants resulting from Cross Complainant's delay from July to January in seeking this leave. If delay in seeking the amendment has not misled or prejudiced the other side, the liberal policy of allowing amendments prevails. Indeed, it is an abuse of discretion to deny leave in...

Excerpt: ...sn. v. Touchstone Ins. Servs.(1994) 27 Cal. App. 4th 1085, 1091. No party has filed Opposition to this motion. Regardless, the settlement by Cross-Defendant Lonerock, Inc. appears does not appear to be “so far 'out of the ballpark' in relation to these factors as to be inconsistent with the equitable objectives of the statute.'” Id. Liability of Lonerock, the general manager of the construction site, appears questionable. And the law concerni...

Excerpt: ...ged. The Demurrer to the Sixth Cause of Action For Rescission is SUSTAINED without leave to amend, on the basis that rescission is a remedy not a free-standing cause of action. This is without prejudice to the pleading of the remedy of rescission in connection with an appropriate supporting cause of action. The Demurrers to the Eighth and Ninth Causes of Action For Concealment and Fraud are SUSTAINED with leave to amend, on the basis that the fac...

Excerpt: ...ose employing broker is Lee Humphrey Durst. As a matter of law in CA, only a licensed real estate broker may receive the commissions in connection with real estate transactions; any other procedure is a violation of B&P 10138, and subjects Bianca Espinoza to discipline, including suspension and/or revocation of her license. (Miller & Starr, 2 CA Real Estate, Section 5:56.) Thus, all real estate commissions paid for her services as a real estate a...

Excerpt: ...Defendants' demurrer is overruled. Plaintiff law firm alleges that a third party minor's father signed a contingency fee agreement with Plaintiff in February 2017. Plaintiff alleges that approximately two months later, Plaintiff was informed the third party had decided to retain another attorney to pursue her personal injury claims. Whether the third party's initial fee agreement with Plaintiff is valid is immaterial to Defendants' demurrer. In c...

Excerpt: ...ued hearing. The court also ordered plaintiff to give notice. Nothing in the court file indicates that plaintiff gave notice, or met and conferred as ordered. Plaintiff's counsel is ordered to engage in the meet and confer required by Code of Civ. Proc. § 430.41 as to the issues raised by this demurrer, and to file and serve a declaration evidencing such efforts not less than nine court days before the continued hearing. Plaintiff to give notice...

Excerpt: ...eveal that an actual controversy exists between the parties.'” D. Cummins Corp. v. United States Fid. & Guar. Co. (2016) 246 Cal. App. 4th 1484, 1489. “[A] home loan borrower has standing to claim a nonjudicial foreclosure was wrongful because an assignment by which the foreclosing party purportedly took a beneficial interest in the deed of trust was not merely voidable but void, depriving the foreclosing party of any legitimate authority to ...

Excerpt: ...C does allege facts to support its claim as to her “creditor” status. (FAC ¶¶ 9 & 10.) Nor is the TILA claim clearly time-barred. Buyers argue that even if she is a creditor, there is a 3-year limitation on the right to rescind. But a demurrer on statute of limitations grounds will not lie where the action is not necessarily barred – the defect must appear clearly and affirmatively upon the face of the complaint. (Lee v. Hanley(2015) 61 C...

Excerpt: ...ently in her position. (Guz v. Bechtel National, Inc. (2000) 24 Cal.4 th 317, 355.) The complaint also fails to allege facts showing a discriminatory motive. (Id.) Rather, this is alleged as a conclusion only. (Complaint at Para. 10.) Statutory claims must be alleged with specificity. (Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790; Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal.App.3d 590, 604.) The second cause of actio...

Excerpt: ...200.00 per hour x 4 hours) + $150.00 for no-show fee + $60.00 for filing fee + $9.95 for e-filing fee] within fifteen (15) days of the date of notice of this order. Defendants to give notice. ...

Excerpt: ... service filed on January 19, 2018, show the notice of hearing was served via substitute service, deemed effective as of January 18, 2018. (See Code Civ. Proc., § 415.20 [substitute service deemed complete on the 10th day after mailing].) The last day to timely notice the hearing was January 9, 2018. (Code Civ. Proc., § 1005, subd. (b).) Plaintiffs to give notice. Future Hearings: CMC: 4/10/18 8:30 am ...

Excerpt: ...tate Automobile Assn. (2010) 189 Cal.App.4th 947, 975.) Plaintiff Luke Slovenec's (plaintiff) request for judicial notice is DENIED as to items 1 and 2, and GRANTED as to item 3. Items 1 and 2 require a copy of the docket from the underlying dissolution proceedings. Plaintiff has failed to provide the court with a copy of that docket and nothing indicates plaintiff has made arrangements with the clerk to have the docket available at the time of t...

Excerpt: ...Act) and breach of contract. In doing so, Plaintiff alleges unlawful acts that can serve as a basis for violations of section 17200. See Lueras v. BAC Home Loans Servicing(2013) 221 Cal.App.4th 49, 81. Indeed, Plaintiff specifically alleges that “[b]y violating the Act, Neff has engaged in unlawful activities, thereby satisfying the ‘unlawful prong' of the UCL [section 17200 et seq.].” FAC ¶ 38. Relying on Prudential Home Mortgage Co. v. S...

Excerpt: ...orizon facility for an event sponsored by Defendant. Defendant initially objected to this interrogatory and responded “hotel venue vendor;” in its supplemental response, Defendant objected again and responded that it “is not ‘affiliated' with Horizon Resort & Casino” and that Defendant “has used Horizon as a hotel venue vendor on two occasions.” Plaintiff's motion to compel is granted. Interrogatory No. 1 seeks relevant information....

Excerpt: ...ode of Regulations for the subject premises. Evidence Code § 669 codifies the “negligence per se” doctrine as a presumption affecting the burden of proof: i.e., defendant's failure to exercise due care is presumed if: • Defendant violated a statute, ordinance or safety regulation of a public entity; • The violation legally caused injury or death; • The occurrence resulting in the injury or death was of a nature that the statute, ordina...

Excerpt: ...very request and all the responses to it that are at issue. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response.” Next, the mutual requests for sanctions are denied given the legitimate dispute over whether the documents being withheld are privileged or not. See, C.C.P. § 2031.310(h). Prevailing party to give notice. Future Hear...

Excerpt: ...oving papers, was a letter from the Defendant's counsel, dated 10/5/17, expressing that a response to this motion was unlikely. (See ROA 28, Ex. C.) Because of the harmful effect that admissions can have on the case, the RP can serve verified, substantially-compliant responses to RFAs, before the hearing, and if so, then the Court must deny the motion to deem them admitted. [See CCP §2033.280(c); St. Mary v. Superior Court (2014) 223 Cal.App.4th...

Excerpt: ...d plaintiff's evidence shows there was none. (See D. White Decl. at ¶ 2.) Defendants have also failed to demonstrate ostensible agency. The fact that Derek signed the arbitration agreement as decedent's “Representative/Agent,” stating decedent had authorized him to do so, is not sufficient to demonstrate ostensible authority. An “agency cannot be created by the conduct of the agent alone; rather, conduct by the principal is essential to cr...

Excerpt: ... Court (2012) 209 Cal.App.4th 1151, 1168.) Judgment creditor Flathers Precision, Inc. has failed to and cannot establish the underlying September 28, 2017 turnover order (“Turnover Order”) was valid for purposes of contempt. The Turnover Order was sought and issued pursuant to Code of Civil Procedure section 708.205. It ordered judgment debtor Jimmy Garrey (Garrey) to deliver to the judgment creditor either (1) certain nonmonetary property li...

Excerpt: ... Superior Ct. (2003) 114 Cal.App.4 th475, 480-81 (financial records are protected by individual's right to privacy); Valley Bank of Nev. v. Superior Ct. (1975) 15 Cal.3d 652, 656 (individual has right to privacy in his or her confidential financial affairs). Plaintiff has not identified countervailing interests that outweigh Defendant's privacy interests in his financial records with respect to much of the information sought by the subpoenas. See...

Excerpt: ...in issue and the burden of proof is on the party claiming them as costs. [Citations.]” (Ladas v. California State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774-776 [citations omitted].) Here, Plaintiff has properly put at issue some deposition costs claimed by Defendants as being duplicative and unnecessary. Thus, the burden shifts to Defendants to show that the claimed costs were necessary to the litigation. Defendants have met their burden. No d...

Excerpt: ...ng averment for punitive damages. Initially, there continues to be a concern over standing. Although defendants have not raised the issue, this lingers on from the prior unsuccessful application for appointment of a guardian ad litem. As indicated in the operative pleading and opposition papers, it appears this litigation is being handled by plaintiff's daughter, Dellia Montgomery. The “authorization” presented by her to this Court specifies ...

Excerpt: ...arvig requests from this Court an order relieving it from further participation in this case. An attorney may withdraw as counsel of record if the client breaches the agreement to pay fees, insists on pursuing invalid claims or an illegal course of conduct, or when other conduct by the client renders it unreasonably difficult for the attorney to do his job, including when there is a breakdown in the attorney-client relationship. California Rules ...

Excerpt: ... an act from which she know, or should have known, it was highly probable harm would result. SKF Farms v. Superior Court(1984) 153 Cal.App.3d 902, 907. The Case Management Conference remains on calendar. Defendants to give notice. ...

Excerpt: ... narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest.” Additionally, pursuant to CRC 2.551, a Court may not permit a record to be filed under seal based solely on the agreement or stipulation of the parties; rather, a party seeking to file a record under seal must file a motion for an order sealing the record, accompanied by a memorandum and declaration containing facts sufficient to justify the sealing...

Excerpt: ...n, by and through her Guardian Ad Litem, Theresa Nguyen's motion to reduce Medi- Cal Lien is CONTINUED to 3-15-18, at 1:30 p.m., in Department C- 33. First, plaintiff Nguyen is ordered to serve her motion to reduce Medi- Cal lien on the Office of Legal Services, Department of Health Care Services, P.O. Box 997413, Sacramento, CA 95899- 7413, as well as the Department of Health Care Services, P.O. Box 997425, Recovery Section, MS 4720, Sacramento,...

Excerpt: ... The requests are overbroad as framed, however, and are narrowed as follows: 37. Documents reflecting all complaints by owners of 2012 BMW 328i vehicles regarding the coolant light repeatedly illuminating, for the period July 1, 2011 through June 30, 2016. The documents are to be redacted to exclude personal identifying information of the buyer(s)/owner(s). 39. Documents reflecting all repurchases or replacements by YOU of 2012 BMW 328i vehicles,...

Excerpt: ...tion, the costs requested are proper and the undertaking is to be scaled to Bounds' resources. Defendant New Albertson's, Inc. Motion to File an Undertaking pursuant to Code of Civil Procedure §1030 is DENIED. Defendant has not shown a reasonable possibility of obtaining a judgment in its favor. Even if it had, it has not adequately stated the nature and the amount of the costs requested. Documentation of past costs should be provided. Anticipat...

Excerpt: ...895671) filed 1/05/17 5. Palatinus v. Casa Apts. (2017-932144) filed 7/18/17 CCP 1048 (a) provides that: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” The court DENI...

Excerpt: ...red to provide full, complete, and verified responses, without objection, to Special Interrogatories, Set One, Special Interrogatory Nos. 7-21, to the offices of counsel for moving party, within 20 days. Defendant Robert Payne is also ordered to provide full, complete, and verified further responses, without objection, to Special Interrogatories, Set One, Special Interrogatory Nos. 2, 4 and 5, to the offices of counsel for moving party, within 20...

Excerpt: ...within 15 days of service of the notice of ruling. Baum Vision did not meet its burden to justify its objections. Plaintiff's request for sanctions against Baum Vision, LLC is granted in the amount of $2,170.92, which shall be paid to Plaintiff within 30 days. Motion to Compel Further Responses and Production to Second Set of RFPs (Shane Baum) The unopposed Motion by Plaintiff Barton Perreira LLC to Compel Further Responses and Production to Seco...

Excerpt: ...dants. Both of these causes of action also include, respectively, a conclusory allegation that (i) Defendants' conduct “was the result of willful and wanton acts or omissions and/or done with a conscious disregard for the safety of the users of the Product involved in the ACCIDENT,” FAC ¶ 37, and (ii) Defendants' acts were done “willfully, wantonly and/or with a conscious disregard of others.” Id. ¶ 47. In order to survive a motion to s...

Excerpt: ...o amend; 5 th cause of action [CC§2923 et seq]: Ruiz is not a borrower; Pltfs do not allege materiality of any purported violation; Has Trustee's deed been recorded? If not, Pltfs may only obtain an injunction; Sustain with 10 days leave to amend; 6 th cause of action [quiet title]: Pltfs have not paid the debt so this remedy is not available; Sustain with 10 days leave to amend; Strike Portions of Complaint Moot based on above. ...

Excerpt: ......

Excerpt: ......

Excerpt: ...nds of uncertainty; Pltf failed to allege facts showing that Deft published a defamatory statement of fact; Sustain with 10 days leave to amend; Strike Portions of Complaint Grant as to Item 1 [page 1, line 25 to page 2, line 2]; Grant as to Item 2 [page 2, lines 2-5] specifically the word ‘similarly'; Deny balance of Item 2; Deny as to Item 3 [page 3, lines 25-26]; Moot as to Item 4 [page 16, line 1]; Deny as to Item 5 [page 16, lines 3-4]; Gr...

Excerpt: ......

Excerpt: ...ook steps reasonably calculated to apprise Pltfs of the existence of the program at the time of warranty disputes; Deny. ...

Excerpt: ...Wholesalers of California dba Seemo Cars at the same location as the Notice of Default was served. As with any proceeding, the court cannot proceed unless the complaint, moving papers, and all the supporting documents are timely served (Code Civ. Proc., § 1005). Any TRO already issued will be dissolved if the hearing is thwarted due to lack of service. (Code Civ. Proc., § 527(d)(3).) Accordingly, Writ of Attachment and Writ of Possession is tak...

Excerpt: .... . . .” Code of Civil Procedure section 576 provides, “Any judge, at any time before or after the commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading . . . .” “A court, at any time before or after commencement of trial, may allow an amendment to a pleading in furtherance of justice. [Citation.] Where no prejudice is shown to the adverse party, the liberal rul...

Excerpt: ...his litigation and prepare the case for trial. Client has also failed to assist counsel in the litigation and there is currently a breakdown of the attorney-client relationship.” The declaration submitted in support of this Motion supports withdrawal under Rules of Professional Conduct, rule 3-700, subdivisions (C)(1)(d) and (C)(1)(f). Moving Counsel will remain the attorney of record for Mr. Lee until Moving Counsel files proof of service of t...

Excerpt: ...s or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense ther...

Excerpt: ...iable issue of material fact. Plaintiffs having not filed any opposition hereto, fails to sustain their burden and the motion is granted. MP to give notice. MP has sustained its burden of establishing it had no ownership or possessory interest in the vehicles involved in the accident. As such, it could not give permission to Defendant Stine to use the vehicle and thus, there was no duty owed by MP. Plaintiffs fail to sustain their burden to creat...

Excerpt: ...essional Conduct, rule 3-700, subdivisions (C)(1)(d) and (C)(1)(f). Moving Counsel will remain the attorney of record for Air802, LLC until Moving Counsel files proof of service of the signed order upon Air802, LLC. The order will become effective upon the filing of the proof of service upon Air802, LLC. Moving counsel to give notice. Moving Counsel's (Law Offices of Thomas F. Nowland) unopposed Motion to be Relieved as Counsel for Defendant—Mi...

Excerpt: ...es, “(a) If a deponent fails to . . . produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in . . . a deposition subpoena, the party seeking discovery may move the court for an order compelling that . . . production. [¶] (b) The motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declar...

Excerpt: ...eglect.” “Section 473 is often applied liberally where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted. [Citation.] In such situations ‘very slight evidence will be required to justify a court in setting aside thre default.' [Citation.]” (Elston v. City of Turlock (1985) 38 Cal.3d 227, 233; see also, Fasuyi v. Permatex, Inc. (Fasuyi) (2008) 167 Cal.App.4 ...

Excerpt: ...e judgment, dismissal, order, or proceedings was taken.” Here, a copy of the proposed answer was not attached to the application. Further, the Proof of Service does not comply with Code of Civil Procedure section 1013a, subdivision (a), because the affidavit did not contain “. . . the name and address of the person served as shown on the envelope . . . .” Defendant is to file a proper Proof of Service of the moving papers no later than Febr...

Excerpt: ...ests for mandatory injunctive relief that Plaintiff is simply not entitled to. With respect to request to prohibit Defendant from using corporate funds to pay its attorney fees, the harm lies in Defendant's favor. Essentially, Defendant Corporation may only appear by way of counsel (i.e., it cannot appear in pro per), and as a separate legal entity, it should be able to hire and pay for an attorney to defend itself from Plaintiff's lawsuit. At mi...

Excerpt: ...ng party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without merit or too general.” Code of Civil Procedure section 2030.220, provides, “(a) Each answer in a response to interrogatories shall be as complete and straight forward as the information re...

Excerpt: .... Guide Civ. Pro. Before Trial Ch. 8F-3 [The Rutter Group] at 8:956.1.) The objection based on “burdensome and oppressive” will not lie solely on the basis of the number of questions asked; other reasons must be shown. (Id. at 8:1099.) Plaintiff is ordered to respond to the discovery within 45- days. Trial scheduled for March 12, 2018 will be continued, and counsel should come prepared to discuss a future trial date. All discovery and motion ...

Excerpt: ...ow that there are triable issues of material fact on whether the parties entered into a contract. In the County's Separate Statement, it listed only eight facts These facts do not established that a contract was never formed. The Union representatives were consulted on the job sharing agreement. (UMF 28). Ms. Kiddy signed on behalf on the County. (UMF 30). After Plaintiff signed the agreement, the County implemented it. (UMF 31). Plaintiff was ne...

Excerpt: ... above reason and because defendant's/cross-complainant's Separate Statement of Undisputed Material Facts does not comply with California Rule of Court Rule 3.1350(b). The issues specifically stated in the Notice of Motion are not repeated verbatim in the Separate Statement. Moving party to give notice. ...

Excerpt: ...erent facts, circumstances, or law are claimed to be shown.” CCP § 1008 CCP § 1008 allows the trial court to reconsider and modify, amend, or revoke its prior order where the moving party show different facts exist. Mink v. Superior Court (1992) 2 Cal.app. 4th 1338, 1342. The moving party "'must provide not only new evidence but also a satisfactory explanation for the failure to produce that evidence at an earlier time." Id. Application: Prio...

Excerpt: ...on. Id. at 270 (emphasis in original). Appellate courts have underscored the high threshold set by Walker: “[The plaintiff] may well not prevail on the factual disputes regarding the extent of his injuries . . . . But a [Walker] hearing is not to be perceived as a minitrial or an opportunity for a trial judge to put forth a well-educated guess of a verdict. The unlikeliness of a judgment in excess of $25,000 is not the test. The trial court rev...

Excerpt: ...ppeal, and the Commercial Guaranty signed by Defendant provides for the recovery of reasonable attorney's fees. (Civ. Code § 1717(a); ComputerXpress, Inc. v. Jackson (2001) 93 Cal.App.4th 993, 1020.) Plaintiff does not provide evidence to establish the reasonableness of counsel's rates. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084.) The court, thus, reduces the recoverable hourly rate for counsels Hurwitz and Lallas to $450 per hour. Based on t...

Excerpt: ... the decedent, and to assert a cause of action for wrongful death. The proposed First Amended Complaint is attached to the moving papers. The motion is not opposed. Plaintiff is ordered to file and serve on all counsel of record and any new parties the First Amended Complaint within (5) five days from notice of this hearing. Plaintiff to give notice. 2. Case Management Conference To be continued by Court. ...

Excerpt: ...Plaintiff shall file and serve a clean, non-redlined version of the proposed FAC attached to counsel's declaration as Exhibit A within 10 days of this order. Plaintiff shall give notice. ...

Excerpt: ...fer. Lawyers' Escrow is ordered to comply with the Subpoena within 15 days after service of notice of this order. Monetary sanctions in the amount of $560 are awarded against Lawyers' Escrow and in favor of Plaintiffs. Code Civ. Proc., § 2025.480; see also Cal. Prac. Guide Civ. Pro. Before Trial Ch. 8E-6 at ¶ 8:617.5 (“Monetary sanctions (as well as contempt) are available against nonparties who ‘flout the discovery process.'”). Plaintiff...

Excerpt: ... mediation provisions, to whatever extent those provisions condition an attorney fee award on completing pre- dispute mediation. It would be unreasonable to discount the attorney fee award because PatentRatings did not prevail on its declaratory relief claim. It did prevail on other claims addressing inextricably intertwined issues. (See Reynolds Metals Co. v. Alperson (1979) 25 Cal. 3d 124, 129- 130; Thompson Pacific Construction. Inc. v. City o...

Excerpt: ......

Excerpt: ...amend as to the first through fourth causes of action and sustained without leave to amend as to the fifth cause of action. The motions to strike are moot. Plaintiffs' request for judicial notice of Exhibits “A” through “E” is granted. Actions. Evid. Code §§ 425(c)-(d), 453. The Court takes judicial notice of the court records, but not the truth of the contents of the matters therein. Fremont Indem. Co. v. Fremont General Corp. (2007) 1...

Excerpt: ...ill dismiss this case. The Court notes that Civil Code § 55.54 appears to only apply to attorneys, not plaintiffs who are in pro per. However, the Court finds that Plaintiff is a high frequency litigant, defined as a plaintiff or attorney who has filed 10 or more construction-related complaints within past 12 months. He is therefore required to pay a $1,000 supplemental high- frequency litigant filing fee. (Code Civ. Proc. § 425.55(b); Gov. Cod...

Excerpt: ...nted as to Issue Nos. 2, 3, 4, and 5 and denied as to Issue Nos. 1 and 6. Cross-Defendants' requests for judicial notice are granted. Cross-Complainants' objections to evidence submitted in support of Cross-Defendants' motion for summary judgment/adjudication are overruled. “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entit...

Excerpt: ...e also ¶4 and ¶53-¶56 of FAC, ¶2 and ¶5 of Makemson Declaration and ¶3 and ¶6 of Walden Declaration). As a nominal defendant the corporation stands in conflict with the insider defendant who is being accused of fraud. Court issues no order regarding outside counsel for the corporation but notes that the Court in Forrest concluded that outside counsel for the corporation is the better approach while the corporate attorney represents the ins...

Excerpt: ...terrogatory No. 3 and DENIED, as to Special Interrogatory No. 4. The Court finds Plaintiff's response to Special Interrogatory No. 3 was evasive and incomplete and orders a further verified response, absent objections, within 15 days-notice of this order. No order of sanctions. Moving party to give notice. ...

Excerpt: ...lance footage at issue. Thus, Plaintiff's motion is moot as to the video. Defendants have met their burden to establish the incident report at issue is protected from disclosure by the attorney-client privilege. (Evid. Code § 405; D.I. Chadbourne, Inc. v. Super. Ct. (1964) 60 Cal.2d 723, 736; Soltani-Rastegar v. Super. Ct. (1989) 208 Cal.App.3d 424; Payless Drug Stores, Inc. v. Superior Court (1976) 54 Cal.App.3d 988.) Here, the incident report ...

Excerpt: ...ndant has identified two groups of documents to which the subject requests pertain: (1) documents relevant to pricing and payment arrangements between Miracle Mile and plaintiff in the past, and (2) documents reflecting plaintiff's cost for durable medical equipment issued to the various defendants. It appears that the documents sought would be directly relevant to defendants' unclean hands and unjust enrichment defenses, as well as to the reason...

Excerpt: ......

Excerpt: ...on 11/24/15. It sought a judicial declaration “as to whether Plaintiff or Defendant have acquired an easement over the other's property based on the location of the boundary line.” Complaint, Prayer at 12. In four separate causes of action – the Eighth through Eleventh – Plaintiff sought the establishment of “an easement across Defendant's property for use of Plaintiff's driveway.” Id. at 13. It does not appear that Plaintiff verified...

Excerpt: ... regarding the use of Doe pseudonyms in court proceedings. “[F]ederal courts “have permitted plaintiffs to use pseudonyms in three situations: (1) when identification creates a risk of retaliatory physical or mental harm [citations] ; (2) when anonymity is necessary ‘to preserve privacy in a matter of sensitive and highly personal nature,' [citations]; and (3) when the anonymous party is ‘compelled to admit [his or her] intention to engag...

Excerpt: ... GRANTED. (CCP § 473(d).) The default judgment against Defendant Laterza is void as a matter of law due to improper service. (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544; Ramos v. Homeward Residential, Inc. (2014) 223 Cal.App.4th 1434, 1443-44.) Plaintiff attempted to serve Defendant by substituted service at Defendant's work, but did not locate or use the correct work address. Within 15 days of service of the notice of ruling, Defendant sha...

Excerpt: ... under Civ. Proc. Code § 473 (b). Leader v. Health Indus. of Am., Inc. (2001) 89 Cal. App. 4th 603, 620. The requirement to submit an answer or other pleading applies to the discretionary portion of the statute. When the court grants a relief under the mandatory portion of Civ. Proc. Code § 473 (b), “[t]he court shall, whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory lega...

Excerpt: ...Pacers Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690 [trial courts have the discretion to stay a civil action when a criminal matter is pending.]) All other discovery as to third party witnesses and documents is not stayed. (Fuller v. Superior Court (2001) 87 Cal.App.4th 299, 310 [the trial court may devise a solution that fairly accommodates the interests of all parties and the judicial system in light of circumstances].) A status hearin...

Excerpt: ... argues that decedent “died instantly,” but this appears to be a mischaracterization of Plaintiff's pleadings, as discussed more fully below under the third point. (Motion to Strike at p. 2, lines 5-6 [citing Complaint at ¶¶ 4-10. 17].) Defendant's argument tacitly imples that decedent's surviving spouse may maintain a wrongful death action, but cannot not bring a survival action because decedent's death was instantaneous. Where a decedent ...

Excerpt: ...dence that the defendant has been guilty of oppression, fraud, or malice. “Malice” means conduct that is intended to cause injury or despicable conduct that is carried on with a willful and conscious disregard of the right and safety of others. Civ. Code § 3294(c)(1). In Taylor v. Superior Court (1979) 24 Cal.3d 890, plaintiff sued to recover compensatory and punitive damages for injuries sustained in an automobile collision with a car drive...

Excerpt: ... to March 19, 2018 at 10:30 a.m. in Department C-26. Paramount is ordered to produce evidence of the costs it incurred in taking the depositions of Steve Martin and Brian Bergmark. No further briefing is permitted. Motion 2: Motion to Tax Costs. Moving Party: Paramount Petroleum Company (“Paramount”). Responding Party: Sully Miller Holding Company (“Sully Miller”). Opposition filed. Ruling Motion 2: Paramount's Motion to Tax Costs is gran...

Excerpt: ...20) days, Plaintiff and her attorney shall pay sanctions in the sum of $1,335.00 [($318.75 per hour x 4 hours) + $60.00 filing fee]. The requested sanctions were reduced by three hours, because there was no Opposition or Reply. Motion No. 2: Defendant's Motion for Terminating Sanctions is DENIED.The court orders Plaintiff to comply with the court's previous orders of previous discovery orders of April 24, 2017 and October 2, 2017. For failure to ...

Excerpt: ...e same terms as the TRO, to remain in effect until the property is seized by the levying officer. [CCP § 513.010(c)]. No undertaking, as Defendant has no interest in the subject vehicles. CCP§515.010(b). Clerk to give notice. ...

Excerpt: ...for trial on 10/24/16 without a biomechanic (see ROA 97, 100), further showing the absence of good cause for the late request. Plaintiff is here now seeking permission to once again add an expert to discuss forces associated with the impact (by way of an accident reconstructionist). Plaintiff also wants to include four additional treating physicians and expand the scope of testimony from economist Enrique Vega. This request is an expansion of pla...

Excerpt: ...y, we deem plaintiffs to have abandoned the issue.”].) In addition, the 1 st cause of action for breach of contract appears to be time-barred (Code of Civ. Proc., § 339.) In addition, for the 3 rd cause of action, it is fatally unclear what “intentional tort” Plaintiff is asserting against Defendants. Assuming Plaintiff is asserting some sort of conversion claim, the conversion claim appears to be time- barred. (Code of Civ. Proc., § 338(...