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

Excerpt: ...m. The Ci ty moves for summary adjudication of 18 issues against defendant TIG Insurance Company. The City asserts that TIG has a duty to defend the City in three lawsuits under three TIG policies (No. SSP -37391435 for the period July 1, 1996- July 1, 1997; No. SSP-0037510979- 00 for the period July 1, 1997- July 1, 1998; and No. SSP-0037510979- 02 for the period July 1, 1998- July 1, 1999) (Issue Nos. 1 -9), and that TIG breached that duty (Iss...

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

Excerpt: ...to provide dis covery. (Code Civ. Proc., § 2023.010, subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) If a party fails to obey an order compelling answers to discovery, the court may impose whatever sanctions are just, including issue sanctions, evide nce sanctions, terminating sanctions, and monetary sanctions. (Code Civ. Proc., § 2023.030.) Imposition of sanctions for misuse of discovery lies within the trial court's discr...

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

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

Excerpt: ...d 13 parking spaces. The Malarky Parties asserted that the parking spaces are exclusively for their customers of Malarky's Irish Pub. All of their claims were dismissed on summary judgment or voluntarily excepting the declaratory relief and conversion claims. The case then proceeded to a bench trial on 8/16/23 for the first of several issue to be adjudicated in distinct stages. The bench trial determined the legal interpretation of the First Ame...

Excerpt: ...tar figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided.” (Id.) “As the plain wording of section 1794, subdivision (d) makes clear, the trial court is ‘to base th e fee award upon actual time expended on the case, as long as such fees are reasonably incurred —both from the standpoint of time spent and the amount charged.' [...

Excerpt: ...lear.” Plaintiff resubmitted a copy of the declaration with a visible signature. (ROA 248 [Not. of Errata, Exh. B].) In light of the “corrected” declaration, Defendants' evidentiary objections are overruled. The Court may properly consider the Stelzer Declaration and exhi bits attached thereto. (Gall v. Smith & Nephew, Inc. (2021) 71 Cal.App.5th 117, 125.) Plaintiff moves, under Rules 8.278 and 3.1702, for an order fixing the amount of att...

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

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

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

Excerpt: ...on, and application of the economic loss rule to the fourth, fifth, and sixth causes of action. The Court finds Defendants complied with their meet and confer obligations prior to filing the Demurrer. Statement of the Law “The party against whom a complaint or cros s-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: … (e) The pleading does...

Excerpt: ...moot as to paragraphs 56 and 86. It is denied as to paragraph 120 and granted with 15 days leave to amend as to paragraph 73. Demurrer A demurrer can be used only to challenge defects that appear within the “four corners” of the pleading – which includes the pleadi ng, any exhibits attached, and matters of which the court is permitted to take judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) ...

Excerpt: ...ode Ci v. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581(h).) Here, Defendant, a Utah resident, asserts the cou rt lacks personal jurisdiction over him as it relates to Plaintiff's complaint. Defendant submits evidence showing he has been a resident of Utah since 2015, has a Utah driver's license, ...

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

Excerpt: ...ent infliction of emotional distress and one of the two defamatory statements alleged as the basis for the first cause of action for defamation (and the court of appeal affirmed that ruling). The governing analysis for a fee motion regarding a partially successfu l special motion to strike was described in Mann v. Quality Old Time Serv., Inc. (2006) 139 Cal.App.4th 328, 344- 345: “An award of attorney fees to a partially prevailing defendant ...

Excerpt: ...ubstitutions of attorn eys have been filed such that Ms. Maxwell and Mr. Trela no longer represent any of Defendants, after previously representing all Defendants. The motion is made pursuant to Code of Civil Procedure sections 128.5 and 128.7(b). The motion and arguments in support of it are sparse, but it is clear the motion is based on the mistrial declared in this action on September 12, 2023, after Ms. Maxwell and Mr. Trela declared a con�...

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

Excerpt: ...reinafter refer red to as “La Palma Intercommunity Hospital”). La Palma Intercommunity Hospital further seeks reimbursement of costs of motion from Plaintiff in the amount of $2,670.00. This Motion is made pursuant to Code of Civil Procedure section 664.6, et seq. Code Civ. Proc., § 664.6 (a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for set...

Excerpt: ...D. (See Code Civ. Proc. § 2031.300.) As an initial point, plaintiff's points and authorities incorrectly reference a motion to compel responses to interrogatories, not a response to inspection demands. As the error did not prejudice defendant's ability to prepar e a response on the merits, the court is going to treat the motion as one to compel responses to inspection demands. A motion to compel responses to discovery requires the moving party t...

Excerpt: ... her mental examination on 11/17/23 per the parties' agreement. But, this is not supported by the evidence included with the motion. In particular, the Court notes that the last email sent between the parties regarding the proposed 11/17/23 examination date was an email on 11/8/23 from Defense counsel to Plaintiff's counsel stating: “Dr. Lavid is available on Nov. 17th for the IME. Please confirm that date so we can get it on calendar.” (Fel...

Excerpt: ... after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the depositio...

Excerpt: ...not apply to “ any case brought by an employee or applicant for employment against an employer for acts or omissions arising out of or relating to the employment relationship”], 2025.480 [authorizing motion to compel answers at deposition].) Plaintiff's evidentiary obje ction no. 3 to the Thomas Decl. is SUSTAINED [relevance]. Plaintiff's remaining evidentiary objections are OVERRULED. The motion is GRANTED as to a second session of plaintiff...

Excerpt: ...ty se eking arbitration has the “burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its def ense.” The trial court “sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its dis...