Excerpt: ...with this clarification regarding the posture of the case. The court makes no determination as to the legal validity of plaintiff's private representation allegations related to the UCL and CRLA claims in light of Proposition 64, passed in 2004, and absent PAGA allegations under the Labor Code. Ruling on Motion The motion is granted in part. A protective order is issued as to plaintiff's requests for admissions and special interrogatories, limiti...

Excerpt: ...allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Defendant challenges the sufficiency of relator's qui tam claim. In her complaint, relator alleges she is a former nurse assistant that was employed by defendant...

Excerpt: ...d discovery that “Kidd Towing”, the entity which filed the prejudgment claim of right to possession and entered into a stipulation for entry of judgment with plaintiff, is a corporation identified as Kidd Automotive & Tow with the California Secretary of State. It is well established that a corporation cannot appear in court with legal representation. Merco Const. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724; Caressa Camille, Inc. ...

Excerpt: ..., who unexpectedly died during the pendency of this action. Following counsel's death, on or about January 25, 2018, no substitution of attorney has been filed. A corporation cannot appear in an action in propria persona, and must be represented in most court proceedings through an attorney. Merco Const. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 731. Nevertheless, the rule requiring representation by an attorney does not mean the c...

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Excerpt: ...ry obligations may lead the court to find an abuse of the discovery process and award sanctions on that basis. Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, overruled on other grounds in Garcia v. McCutchen (1997) 16 Cal.4th 469, 478, fn. 4 ...

Excerpt: ...otice of motion sets forth no statutory authority for the request for sanctions. Self‐represented litigants cannot recover attorney fees as discovery sanctions. Argaman v. Ratan (1999) 73 Cal.App.4th 1173, 1179. Plaintiff fails to establish that the cost of obtaining the transcript of the underlying Labor Board hearing is reasonably related to expenses incurred in filing the instant motion to compel. The court may not impose fines or penalties ...

Excerpt: ...., the evidence submitted by plaintiff establishes that CSUN Solar, Inc. initiated and negotiated terms of the subject contract between plaintiff and defendant China Sunergy (US) Clean Tech, that plaintiff directed payments as required by that contract to CSUN Solar, Inc., and that CSUN Solar, Inc. sent updated invoices reflecting changes in terms to the contract to plaintiff, which reflected the same invoice number as the original contract. (Dec...

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Excerpt: ...n Proposal and Agreement document executed by the parties on January 5, 2016. The agreement includes the following dispute provision: “Disputes: Owner and Contractor shall use their ‘best efforts' to work out any and all disputes that may arise during the course of construction. In the event that an irreconcilable dispute arises, said dispute shall be settled by ‘mediation'. The parties promise to use their ‘best efforts' to select a mutu...

Excerpt: ...ntrywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, 1153.) Defendant has failed to show a sufficient basis to sustain the demurrer as she primarily asserts factual disputes rather than pleading deficiencies. The court must accept all facts pled in the complaint as true. (Blank v. Kirwan, supra, at p. 318.) The complaint complies with Code of Civil Procedure section 1166 as (1) the complaint has been verified, (2) the facts for which recovery i...