Excerpt: ...and the Regents as a state record. Wage and Hour Claims: In Kim v. Regents (2002) 80 Cal.App.4th 160, 166,the court held that the Re “Regents are nonetheless exempt from its mandate by virtue of their constitutional status.” The relationship between Plaintiff and the Regents is governed by the union contract. (First to Fifth Causes of Action). Wrongful Termination: As a public entity, the Regents may not be sued for common law torts. Governme...

Excerpt: ..., Alice Haddadin, Theresa Messersmith, and Franco Olmedo's motion to expunge lis pendens is DENIED. The substantive request is moot. Plaintiff removed the disputed notice of lis pendens after defendants filed this motion. The attorney fee request is not moot. But it is DENIED. The court will not allow "recovery of attorney fees for work performed by out-of-state counsel who represented [defendants] in California but who had not been admitted pro ...

Excerpt: ... to state a cause of action. (Para. 10). “Complaints in actions against multiple defendants commonly include conclusory allegations that all of the defendants were each other's agents or employees and were acting within the scope of their agency or employment. Prominent treatises, while recognizing that the Supreme Court has described such allegations as ‘egregious examples of generic boilerplate' . . . still advise that ‘such allegations m...

Excerpt: ...e by the attachment. Code Civ. Proc., § 484.020(b). In addition, plaintiff has not submitted any evidence to show that attachment is proper against the alleged guarantors. Advance Transformer Co. v. Superior Court (1974) 44 Cal.App.3d 127, 144. Plaintiff may serve and file an amended application stating the amount plaintiff seeks to attach and a supplemental declaration showing attachment is proper against the guarantors no later than 4/20/2018....

Excerpt: ...t as to the truth and legal interpretation of the document. Request for Judicial Notice: The initial issue is to what extent should the court take judicial notice of the prenuptial agreement? Since the agreement was recorded, the court will take judicial notice of its existence. However, the court cannot take judicial notice of the truth of the contents and the legal interpretation of the agreement. “Judicial notice may not be taken of any matt...

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

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: ... 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: ...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: ...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: ...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: ...ptcy or there is another restratin that prevents the claimant from commencing an action to enforce the lien. Civil Code § 8484. Moving party to give notice. ...

Excerpt: ...t Amy Lynn Spencer's storage unit, this laptop remains unclaimed by former attorney Amy Lynn Spencer despite notice to respondent's last known business address and last known e-mail addresses. Hence petitioner State Bar is authorized to have the disk drive destroyed in a commercially reasonable manner and that balance of the computer should be destroyed in a commercially and environmentally compliant manner. Any other electronic devices seized fr...

Excerpt: ...Dorman v. DWLC Corp. (1995) 35 Cal. App. 4th 1808, 1813-15. CCP §1033(b) has a similar provision for Limited Civil cases that could have been brought in Small Claims Court. Here, plaintiff obtained a Verdict and Judgment for only $2,000 after using court resources to the extent of a 12½ day jury trial. Plaintiffs were the prevailing parties only technically, but not as a practical matter. The rationale behind CCP §1033(a) is fully at play here...

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: ...�� 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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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...