Excerpt: ...42, 750.) Thus, the opposition on this ground is overruled. The FAC asserts four causes of action against four defendants (Hernan Orozco, Villa Properties Realty, Bryan Pugh and Tony Nguyen), but fails to adequately identify the defendant affected by each cause of action. This failure causes confusion because it impairs the ability of the Defendants to adequately respond to the FAC. That is, it appears that Defendant cannot reasonably determine w...

Excerpt: ...n conjunction: These paragraphs can be interpreted as indicating, both, an Agreement between Ms. Gulsvig and Distext in May of 2016 and a separate conversation in May or June of 2016, involving either Ms. Gulsvig or Mr. Nichols. The Court must assume the truth of these allegations and read the Complaint in whole. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 317). As a result, the Demurrer is OVERRULED. ...

Excerpt: ...Code Civ. Proc., § 437c, subds. (a), (p)(2); see also, Willard v. Hagemeister (1981) 121 Cal.App.3d 406, 412-414.) Defendants Hassan M. Alkhouli, M.D. and Pathway Medical Group, Inc. shall submit electronically a proposed judgment and serve it on all parties. Defendants Hassan M. Alkhouli, M.D. and Pathway Medical Group, Inc. shall give notice of ruling. ...

Excerpt: ... not performing competently in her position, that there is no evidence that Plaintiff was subjected to an adverse employment action, that there is no evidence that Plaintiff was subjected to an adverse employment action because of her pregnancy/sex and that any adverse employment action taken against her by WFB was for a legitimate, nondiscriminatory reason. FACTS 1-56, 58-59. In response, the plaintiff Elyse Jankans has sustained her resulting b...

Excerpt: ...s the landlord and new owner of the refurbished unit. The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute. A defendant moving for summary judgment may prevail on the motion in one of three ways: (1) by affirmatively negating at least one of plaintiff's essential elements; ...

Excerpt: ... to opt out. The process used in Belaire-West was recently summarized and approved by the California Supreme Court in Williams v. Superior Court (2017) 3 Cal.5th 531, at 553: “The Belaire-West trial court was correct to order disclosure, subject to employees being given notice of the action, assurance they were under no obligation to talk to plaintiffs' counsel, and an opportunity to opt out of disclosure by returning an enclosed postcard.” P...

Excerpt: ...7 as Jesus Galvan Rodriguez, ROA #123], to provide verified responses to each of the defendant's (1) Special Interrogatories (Set One), and (2) Demand for Production of Documents (Set One). The Motion regarding form interrogatories was previously taken off calendar by the moving parties and is therefore not considered. [See Register of Action 143, Notice of Withdrawal]. The underlying discovery was propounded by the movants approximately seven mo...

Excerpt: ... really ought to be treated as moot. On 09/19/17, defendant caused to be served upon plaintiff by regular mail a set of form and special interrogatories. Upon receipt, it was plaintiff's obligation to provide responses which were “as complete and straightforward” as possible. CCP §2030.220. Plaintiff was represented by counsel at the time, and that attorney failed to serve timely responses or secure an extension of time. On 11/02/17, plainti...

Excerpt: ...d,” thus, there is nothing to produce. While Defendants' response is appropriate, it does not fully comply with Code of Civil Procedure section 2031.230 (e.g., affirm that a diligent search and reasonable inquiry and whether the inability to comply is because the particular item or category has never existed, has been destroyed, etc.). Defendants are ordered to provide a further response that complies with the Code. No. 14 Plaintiff requests do...

Excerpt: ...d awarding monetary sanctions in the sum of $1160.00 Plaintiff Oso Valley Greenbelt Association's motions to compel responses to Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents (Set One) from Defendant Lynda L. Chance are all GRANTED. CCP §§ 2030.290 and 2031.300. Defendant is ordered to serve responses, without objections, within 14 days of service of a notice of ruling by Defendant. P...

Excerpt: ... disgruntled class defendant to seek a do-over of its previously unsuccessful opposition to certification. Modifications of an original class ruling, including decertifications, typically occur in response to a significant change in circumstances, and [i]n the absence of materially changed or clarified circumstances ... courts should not condone a series of rearguments on the class issues[.]” Williams v. Superior Court (2013) 221 Cal.App.4th 13...

Excerpt: ...urt 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”]; see also St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 782 [actual compliance not required where the proposed response is facially a good- faith effort to respo...

Excerpt: ...objections to evidence are: Declaration of Brendon Garrison. 1-4 Sustained, hearsay Declaration of Christopher Carmichael. 1. Sustained, lack of foundation. Regarding Ubiquity Broadcasting Corporation, that entity is a tax suspended California corporation, and lacks standing to bring this motion. See Grell v. Laci Le Beau Corp. (1999) 73 Cal.App.4th 1300, 1306. As for Defendant Ubiquity, Inc. defendant failed to meet its burden to show that the c...

Excerpt: ...o the terms of their settlement agreement. “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (CCP § 664.6.) Here, KB Home and Petersen-Dean, Inc. (“Petersen-Dean”) entered into a settlement agreement in which Petersen-D...

Excerpt: ... contrary, as is its burden. (Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1249-1250; Korte Decl. in support of motion, Paras. 2-4, 6.) Responding plaintiff's reliance on the forum selection clause in the subject finance agreement is unavailing, as the forum selection clause here does not give sufficient notice to defendant that it was agreeing to litigate disputes in California. (Hunt v. Superior Court (2000) 81 Cal. App. 4th 901, ...

Excerpt: ...t part: Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or...

Excerpt: .... After full consideration, defendants' Motion to Strike the Complaint pursuant to CCP §425.16 is GRANTED. Anti-SLAPP motions are evaluated through a two-step process. Initially, the moving defendant bears the burden of establishing that the challenged allegations or claims “aris[e] from” protected activity in which the defendant has engaged. CCP [defining protected activity]; Simpson Strong- Tie Co., Inc. v. Gore(2010) 49 Cal.4th 12, 21; Eq...

Excerpt: ...l conferral of benefit or relief from burden when measured against the benchmark condition." Folsom v. Butte County (1982) 32 Cal.3d 668, 685- 686. Here, Plaintiff's lawsuit did not enforce any right as a practical matter. The appeal to the California Coastal Commission was the method and means of enforcing his rights. That very appeal was the reason why Defendants' demurrer was sustained without leave. Thus, Plaintiff was not the “successful�...

Excerpt: .... As set forth in CCP § 387(d)(1)(B), a nonparty shall be allowed to intervene (mandatory intervention) if he/she/it “claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties.” Th...

Excerpt: ...le on the parties' objections. In Opposition, Plaintiffs Matt and Denise Belden maintain that this is unnecessary and that Defendants' citation is insubstantial because it amounts to only 6 out of 190 pages of deposition transcript testimony. The Court is puzzled as to why Defendants submitted an email request to the discovery referee to sit in on the 8/25/17 deposition, without first submitted a motion to him. Furthermore, the Court is also puzz...

Excerpt: ... Court to award them $2,208,512.50 in attorney fees. The Court FINDS that, pursuant to CC § 1717, William Dohr (“Dohr”) is the prevailing party under the Stock Repurchase Agreement (“SRA”) only with respect to the derivative claims brought by Lintz on behalf of Sterling Homes Corporation (“Sterling”) that are based on the SRA. The Court, however, FINDS that the $2.2 million amount to be unreasonable and excessive. As set forth below,...

Excerpt: ...Cal.App.3d 675, 679 to 680. Regarding defendant Just Mortgage Inc., petitioner and this defendant shall meet and confer as to whether petitioner will voluntarily dismiss Just Mortgage, Inc. If the petitioner will not do so voluntarily, the court will entertain a dispositive motion on that issue. Next, at petitioner's request, Eric P. Beatty is appointed as receiver. See, Health & Safety Code § 17980.7(c)(2). In addition, petitioner City of Santa...

Excerpt: ...rd E. Willis could: (1) fully abate the noticed code violations, or (2) retain another real estate agent and present evidence that an agreement to sell the subject Costa Mesa property had been entered into an escrow at least opened. (See, 9-15-17 Minute Order.) Based on the evidence presented, the subject Costa Mesa home has not been brought back into compliance with the code and there is no evidence of entry into a real estate sales agreement fo...

Excerpt: ...S's of Brian Silver, Esq., and Sky High Holistic and Elevated Dreams Collective Inc. Please update the proofs of service to aid the Court moving forward. It is noted that, attorney/trustee, Brian Silver's caption page indicates an appearance “pro se”. However, the introductory language in certain of the papers (see Silver's Opp. f. 1/17/18, at 1:22) indicate that Mr. Silver is appearing as trustee of the Charles Silverstein Trust, and for Tob...

Excerpt: ...ication or motion underlying the Court's 12/18/17 order. Plaintiffs' action was dismissed because their counsel failed to appear for 3 consecutive hearings, resulting in the Court finding that Plaintiffs had failed to prosecute the lawsuit. Instead, and although not specifically raised by Plaintiffs, they appear to be seeking relief under CCP § 473, which permits a party or his or her counsel to seek relief from a judgment, dismissal or order ba...