Excerpt: ...are in Kansas, it has a facility in Sacramento, California, where it repairs and operates aircraft. When a defendant moves to quash service of summons for lack of jurisdiction, the burden of proof is on the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence. Kroopf v. Guffey(1986) 183 Cal.App.3d 1351. Plaintiff contends that the Court has specific personal jurisdiction over the moving defendant. According to a rec...

Excerpt: ...capacity of the person who is signing the Verification on behalf of the responding party and fails to state where the Verification was executed and on what date. (See Exh. C to Saghera Decl.) An unverified response is the equivalent of no response at all. (Appleton v. Superior Court (Cook)(1988) 206 Cal.App.3d 632, 636.) To the extent Cross-Defendant PRELUDE has not already produced responsive documents, the Court ORDERS Cross-Defendant PRELUDE t...

Excerpt: ...9). The Complaint alleges Defendants “were negligent, reckless and careless in their business operations” and were negligent, reckless and careless “in their provision of mail box and mail related services to the plaintiffs.” (Complaint, ¶ 9). The above statements are mere conclusions which do not identify the underlying supportive facts. Plaintiff has failed to sufficiently plead or ordinary duty of care or breach of that duty. (Berkley...

Excerpt: ...irmative defense “fails to state facts sufficient to constitute a defense.” Code of Civil Procedure section 430.20 states, “(a) A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds: [¶] (a) The answer does not state facts sufficient to constitute a defense. [¶] (b) The answer is uncertain. As used in this subdivision, ‘uncertain' ...

Excerpt: ...AMS where the underlying controversy must be arbitrated.” (Motion pg. 7:5-8.) Plaintiffs' “Introduction” to its Opposition states, “because (i) this motion involves, inter alia, the question of whether Defendants waived any right to arbitrate by suing plaintiff Michael Baker in Tennessee without mentioning arbitration, and (ii) that very issue is already pending in Defendants' fully-briefed motion to compel arbitration before the Tennesse...

Excerpt: ...on.) This appears to be a result of Plaintiffs' assertion Defendant failed to serve verifications to the discovery and“[u]nsworn responses are tantamount to no responses at all.” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) Significantly, however, "there is no need to verify that portion of the response containing the objections." (See Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 657.) Taking the...

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Excerpt: ...tions have the same title, the court will identify them based on the date and time Plaintiff filed each of them with the court. Defendant's (Dan Fisher) Motion to Compel Responses to Specially Prepared Interrogatories (filed on 2-2-18 at 10:33 a.m.) is DENIED. The court notes that this motion applies to Defendant's request for a further response to Form Interrogatory 9.1(c). (Holzer Decl., ¶ 5.) Code of Civil Procedure section 2030.220, provides...

Excerpt: ...In addition, this motion is not timely pursuant to CRC 3.110(b) because it was filed after 60 days of the filing of the Complaint. The court schedules a Case Management Conference for 5-15-18, Dept. C11, at 8:45 am. Prevailing Party is to give notice. (2) Plaintiff's Motion for Leave to File a Second Amended Complaint is GRANTED. There does not appear to be any undue prejudice to Defendants in granting Plaintiff leave to file a Second Amended Com...

Excerpt: ...me before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” “Courts must apply a policy of liberality in permitting amendments at any stage of the proceeding, including during trial, when no prejudice to the opposing party is shown. However, even if a good amendment is proposed in proper form, unwarranted delay in presenti...

Excerpt: ...at a student has a privacy interest in these documents. Although the court will not remove Exhibit G—Tab 6 and Exhibit J from the Administrative Record (AR) conditionally filed under seal, the court orders Respondent to file copies Exhibit G—Tab 6 and Exhibit J unsealed. California Rules of Court, rule 2.550(d), states, The court may order that a record be filed under seal only if it expressly finds facts that establish: [¶] (1) There exists...

Excerpt: ...resulting default entered by the clerk against his or her client . . . or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. The court shall whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing c...

Excerpt: ... record that she understood and agreed to the terms of the settlement. (See 11-20-17 Minute Order.) The court retained jurisdiction pursuant to Code of Civil Procedure section 664.6. Court clerk is to give notice. ...

Excerpt: ...ate under Code of Civil Procedure section 415.20. Accordingly, Mr. Abdo's suggestion that he is not linked to that address lacks credibility. RP to give notice. It appears Mr. Abdo must explain why, if the address the entity in which he was an officer was listed as 2213 Ringwood Ave, he claims he has no connection with that address. Because the Court cannot consider evidence with any reply documents, the Court will DENY WITHOUT PREJUDICE. ...

Excerpt: ...008) 167 Cal.App.4th 567, 625; Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal. App. 4th 1171, 1192-1193; Whitlock v. Foster Wheeler, LLC (2008) 160 Cal.App.4th 149, 160. Plaintiff has not shown additur would be appropriate. Defendant shall give notice. ...

Excerpt: ...claim that is not asserted in the Complaint. The facts giving rise to the claim, i.e., the payments totaling $255,000, occurred after Plaintiff filed the initial Complaint. The Complaint frames the issues. Plaintiff did not file an amended or supplemental pleading before bringing this Application. Defendant is ordered to give notice. ...

Excerpt: ...� 2924(a)(6) Plaintiff alleges that Defendant violated Civ. Code § 2924(a)(b) because it really did not have standing to foreclose due to the late assignment of the deed of trust to a trust that allegedly closed in 2006. The doctrine of res judicata, whether it applies as a total bar to further litigation or as collateral estoppel, rests upon the sound policy of limiting litigation by preventing a party who has had one fair adversary hearing on ...

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Excerpt: ... ruling, or his Complaint will be dismissed.” Plaintiff did not appear at the hearing on 1/29/18. Therefore, the Court ordered Defendants to give Notice of the Ruling. There is no evidence, however, that either Defendant gave notice to Plaintiff as they were ordered to do. Defendants must file a Proof of Service prior to the hearing on 3/26/18 showing that they properly served notice of the Court's 1/29/18 Minute Order on Plaintiff. If Defendan...

Excerpt: ...f Joanne H. Tagami. Ruling Motion 1: The unopposed demurrer by Defendants Deutsche Bank National Trust Company Americas, as Trustee for Mortgage Asset-Backed Pass-Through Certificates, Series 2006-QO1 (erroneously sued as “Deutsche Bank National Trust Company, as trustee) and Nationstar Mortgage LLC (erroneously sued as “Nationstar Mortgage, LLC, as loan servicer) to the Second Amended Complaint (“SAC”) is SUSTAINED without leave to amend...

Excerpt: ..., Writ of Attachment, and Temporary Restraining Order. Moving Party Plaintiff Jessica M. Costa. Responding Party Defendant Holden Johnston. Motion 4: Application for Right to Attach Order, Writ of Attachment, and Temporary Restraining Order. Moving Party Plaintiff Jessica M. Costa. Responding Party Defendants Luis Ibarra and Karina Carrillo Ibarra. Ruling Motion 1: Defendants' demurrer to the first cause of action for fraud is SUSTAINED as to Def...

Excerpt: ... economic advantage in the Fourth Amended Complaint filed by Plaintiffs Michael P. Schaefer and MPSCHAEFER, LLC. The Court notes that although Mater Dei High School is a moving party on the Demurrer, it is not a Defendant named in the sixth cause of action. Tortious Interference with Prospective Economic Advantage Defendants correctly argue that, to state a claim for intentional interference with prospective economic relations, Plaintiff must all...

Excerpt: ... to amend. The demurrer to the sixth cause of action for civil conspiracy is overruled. 4th, 5th COA – Fraud and Negligent Misrepresentation To state a claim for fraud or negligent misrepresentation, a plaintiff must allege, among other things, that the defendant represented to plaintiff that a fact was true and defendant's representation was false. CACI no. 1900; Daniels v. Select Portfolio Servicing, Inc. (2016) 246 Cal.App.4th 1150, 1166 (in...

Excerpt: ... but not the truth of statements of fact recited within the documents. Evid. Code § 452(h); Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1116-1118, as modified (July 24, 2007). By her First Amended Complaint, Plaintiff asserts a single cause of action for rescission based on alleged violations of the federal Truth in Lending Act and Regulation Z. Although Plaintiff alleges “DiTech did not supply the fol...

Excerpt: ...d [they] ultimately will prevail on the merits and the relative interim harm to the parties from the issuance or nonissuance of the injunction.'” (Whyte v. Schlage Lock Co. (2002) 101 Cal.App.4th 1443, 1449.) Plaintiffs may have shown some likelihood of prevailing to some extent on their claims. But their alleged losses could be “adequately compensated by a judgment for money damages.” (Abrahms v. St. Johns Hosp. & Health Ctr. (1994) 25 Cal...

Excerpt: ... in California and Nevada that permit out of state depositions. There is no authority for the relief requested in this Motion. Plaintiff to give notice. ...

Excerpt: ...e protected or permissive phase at the time of the accident. If the traffic signal was in the protected phase, then the City's use of a “protected-permissive” signal instead of a “protected-only” signal may not be a substantial factor in causing the accident. Moreover, defendant failed to show no triable issue exists as to all pleaded dangerous conditions. Its motion does not address the contribution of the “roadways” to the accident....

Excerpt: ...able injury. See Jessen v. Keystone Savings and Loan Assoc. (1983) 142 Cal. App. 3d 454, 459. If plaintiff fails to establish either element, a preliminary injunction should be denied. Id. Even if the Court were to assume, for purposes of argument, that Plaintiff had demonstrated a likelihood of prevailing on the merits, Plaintiff here has made no showing that it will be harmed – much less that it will suffer irreparable injury – if the chall...

Excerpt: ...riefing and continued the hearing. The Court incorporates its 1/29/18 Minute Order by reference. The sole remaining issue is whether the Court can consider extrinsic evidence to interpret the location of easements set forth in the parties' Settlement Agreement (the “Agreement”). Shortly after the parties signed the Agreement, Plaintiff filed a “Notice of Settlement of Entire Case.” Now, however, obviously suffering from a case of buyer's ...

Excerpt: ... the merits of the case.'” (Factor Health Management, LLC v. Superior Court (2005) 132 Cal.App.4th 246, 251.) Defendants filed written opposition and appeared at the hearing without stating they were making only a special appearance. Nor did they otherwise contest personal jurisdiction. And they did not file this motion to quash until 21 days after the 10/30/17 hearing. The clerk shall give notice. ...

Excerpt: ...ns are OVERRULED. Good Cause The court finds that the 9/22/17 letter attached as Exhibit 8 to declaration of Mary Tanagho Ross provides a sufficient a good cause showing for RFP Nos. 26-43. Duplicative Requests Plaintiff argues that the requests in Defendant's second request for production are duplicative of Defendant's previous requests. Defendant's prior requests broadly sought all documents relating to Sullivan's billing records, payments made...

Excerpt: ...he court is inclined to continue this hearing, and stay all other discovery in this matter, until the defendants are properly accounted for. On the merits, the court would be inclined to grant plaintiff's Motion to Compel Deposition of David Wetzel and Production of Documents. The deposition subpoena and this motion were personally served on the third party deponent. The third party deponent made no objections to the subpoena, failed to appear fo...

Excerpt: ...s that covers plaintiff's claims. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413.) In fact, the parties seem prepared to stipulate to binding arbitration on these terms:  the arbitrator shall be Judge Russell Bostrom (ret.) with Judicate West  the arbitration will be “conducted in the same manner as a bench trial and the California Code of Civil Procedure shall apply ...

Excerpt: ...acie showing is one that is sufficient to support the position of the party in question.” Id. at p. 851. A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. Code Civ. Proc., § 437c, subd. (p)(2). The scope of this burden is determined by the allegations of the plaintiff's complain...

Excerpt: ...nd if she wishes to assert an individual claim for any alleged violations of Labor Code §§201 and 202, since her pleadings do not allege any such violation as to her personally. However, any such claim would be subject to arbitration pursuant to the parties' written agreement to arbitrate. The court in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal. 4th 348, 381, drew a distinction between civil penalties recovered on behalf of t...

Excerpt: ...vidual settlement. Paragraph 34 of Neil Pedersen's declaration says that counsel is getting 40% and plaintiff is getting the other 60% minus costs. But paragraph 1 of the Settlement Agreement and General Release reflects that counsel is getting 50% for fees, 40% is going toward liens, and plaintiff is getting 10% herself. Plaintiff must clarify, since this information could be relevant to the PAGA settlement. Section 6(d) of the PAGA Settlement A...

Excerpt: ...ill be effective on the filing of the proof of service of the Order upon the client. Motion for Entry of Judgment The Court's current thinking is to GRANT the motion for entry of judgment and ACCEPT Gray1's proposed judgment because it better protects Gray1's right to be paid on its judgment lien before Gulfstream can obtain title and possession to the foreclosed properties. That being said, the Court is considering delaying entry of judgment in ...

Excerpt: ...”) objected to the subpoena at issue - although Daichi did so without stating any grounds. (See 2/15 Russo Decl., Exs. B-F.) MPs attempted to meet and confer to resolve those objections, without success. (Id. at Exs. G-L.) For Motion 2, Mr. Sivongsay objected to the subpoena at issue (See 2/22 Russo Decl., Exs. A-C.) MPs attempted to meet and confer to resolve that objection, without success. (Id. at Exs. E-K.) Potential relevance is clearly sh...

Excerpt: ...f calendar. The court concludes that a valid arbitration agreement exists, that plaintiff's claims of unconscionability are unsupported by the language of the arbitration agreement and the law, and that defendant did not waive its right to arbitrate. Plaintiff has failed to meet her burden of proving the facts of any defense to enforceability. Chin v. Advanced Fresh Concepts Franchise Corp. (2011) 194 Cal. App. 4th 704, 708. The arbitration agree...

Excerpt: ...treated as a procedural statute that does not conflict with the FAA. The parties can agree that the CAA and California law applies. (Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior University (1989) 489 U.S. 468, 470; Cronus Investments, Inc. v. Concierge Services (2005) 35 Cal.4th 376, 386.) Here, ¶ 22 B seems to show that the parties intended for the California Arbitration Act (CAA) and its procedures to have som...

Excerpt: ... class claims set forth in first through seventh causes of action, to allow him to proceed in court with his eighth cause of action for PAGA violations, and to deny the motion to arbitrate as moot. (ROA 271.) Although it is not expressly stated, the Court construes Petersson's request to dismiss the first through seventh causes of action as a request to dismiss the claims in their entirety—both class and individual claims. Petersson is to confi...

Excerpt: ...dow. Judgment creditor has also established that he filed a copy of the application with the levying officer within the 20 day window on 1/8/18 in compliance with CCP § 704.705. However, moving party has not sufficiently addressed the admittedly questionable liens on the property. Even an apparently fraudulent lien must be provided for in the order of sale if it is superior to the judgment creditor's lien. The creditor's only recourse is to file...

Excerpt: ...erlin, M.D., Thomas Nass, M.D., and Lawrence B. Werlin, M.D., Inc dba Coastal Fertility Medical Clinic are Denied. Plaintiffs have not at this time established the required “good cause” under CCP 2031.310(b)(1). The information requested is private, highly sensitive medical information of non-parties. To establish the required good cause, it must be demonstrated that the information sought it “directly relevant” and “essential to the fa...

Excerpt: ...Compant; defendant Equity Funding is the deficiency judgment assignee. This is a motion to quash by MSMC, and a motion to strike by Equity. MSMC's Motion to Quash The motion is Granted. MSMC's motion to quash is based on this Court's putative lack of personal jurisdiction over the entity. As the undisputed evidence shows (per Daste Declaration):  MSMC is a Delaware Limited Liability Company, with its principal place of business in Louisiana; �...

Excerpt: ...m a cause of action for wrongful death under Code of Civil Procedure section 377.” (Grimshaw v. Ford Motor Co. (1981) 119 Cal.App.3d 757, 831.) Where, as here, Plaintiffs have joined a wrongful death claim with survivor causes of action, Plaintiffs can recover punitive damages in connection with the survivor claims. (Rufo v. Simpson (2001) 86 Cal.App.4th 573, 616, fn. 14.) The court declines to consider Defendant's argument that the allegations...

Excerpt: ...bers” 3. Para. 18, p. 4, l. 26: “and the Class Members” 4. Para. 18, p. 4, l. 27: “and the Class Members” 5. Para. 18, p. 5, l. 2: “and the Class Members” 6. Para. 19, p. 5, l. 5: “and the Class Members” 7. Para. 20, p. 5, l. 9: “and the Class Members” 8. Para. 21, p. 5, l. 11: “and the Class Members” [nos. 1-8 have already been deleted and are not found in the Corrected 6AC] 9. Para. 25, p. 5, ll. 25-26: “and is in a ...

Excerpt: ...26-27; Tenzera, Inc. v. Osterman (2012) 205 Cal.App.4th 16, 21. Plaintiff shall present the Court with the interest calculation at this hearing. (See CCP §1287.6; Civil Code §3289.) In addition, Plaintiff shall give notice. ...

Excerpt: ... potential claimants. However, the Notice of Intent to Deposit Surplus Funds was only given to three of the potential claimants; Real Time Solutions, James Robertson as Executor for Trustor, and RHFD Pebble, Inc. (Pet. Attachment 13). Under Civ. Code § 2924j(d), this notice must be provided not only to those entities /individuals who made claims with the foreclosure trustee, but also all parties with a recorded interest in the property as of the...

Excerpt: ...el. Dept. of Transportation v. Superior Court (2003) 105 Cal.App.4 th 39, 46-47; Harrison v. County of Del Norte (1985) 168 Cal.App.3d 1, 7.) Furthermore, counsel's alleged inability to obtain all documentation, and alleged failure to identify the correct entity, do not constitute excusable neglect. (Munoz, supra at 1785; Department of Water & Power v. Superior Court (2000) 82 Cal.App.4th 1288, 1295.) In the reply, moving party argues that he was...

Excerpt: ...ses of action: Violation of Cal. Civil Code § § 2923.55 and 2923.7, Negligence and Unfair Business Practices. However, the second and fourth causes are not pled against the moving defendant. The only causes pled against Trustee Corps are the First Cause of Action for Violation of CC §§ 2923.55 and the Third Cause of Action for Negligence. First Cause of Action - Civil Code §§ 2923.55: The moving party Trustee Corps. has presented evidence t...