Excerpt: ...may subpoena documents or witnesses to be available at the trial for the purpose of establishing the profits or financial condition” of the defendant, to be released to plaintiff if liability for punitive damages in accordance with Civil Code section 3294 is established. In this action, moving defendant is potentially subject to liability for punitive damages and consequently plaintiff is statutorily entitled to subpoena the subject documents t...

Excerpt: ...ommissioner was “vested with the authority to hear any future or further hearings or the trial in this case, whether contested or uncontested, as Judge Pro Tempore.” Upon stipulation of the parties, a court commissioner is empowered to adjudicate a “cause” until its final determination. Cal. Const., art. VI, § 21. The determination of a cause encompasses subsequent proceedings that are its “direct progeny,” but not those considered �...

Excerpt: ...d fifth causes of action in the petition for negligence, intentional misrepresentation, and conversion. A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or accuracy of the described conduct. Picton v. Anderson Union High School (1996) 50 Cal.App.4th 726, 733. All properly pleaded facts are assumed to be true as well as those that are judicially noticeable. Blank v. Kirwan (1985) 39 Cal.3d 311, ...

Excerpt: ...72, 75, 76 and 80‐82 are sustained. The remaining objections are overruled. Ruling on Request for Judicial Notice Defendants' request for judicial notice is granted. With respect to Exhibits 15, 16, 18‐ 25, 28, 30, 32‐34, and 36‐40, the court takes judicial notice of the fact that these documents were filed in a prior action, but not the truth of factual statements made therein. Ruling on Motion Defendant Brookfield Homeowners' Associatio...

Excerpt: ... p. 4.) A proof of service of summons filed April 9, 2010, states that Hoehn was served by substituted service on “Shannon Smith, Girlfriend – Co‐Occupant” on April 1, 2010, after several unsuccessful attempts. A declaration of mailing states that the summons and complaint were mailed to the service address on April 2, 2010. No answer was filed within the time required by law, and Hoehn's default was entered on May 18, 2010. Hoehn moves t...

Excerpt: ... LLC's (“SNP's”) prior motion to enforce, as well as a proposed judgment thereon. The court's ruling did not provide further 3 direction on the contents of the proposed judgment. Subsequent to this action, on March 16, 2020, the court entered a modified ruling on submitted matter and judgment thereon. SNP now moves to vacate the March 16, 2020 judgment (“the Judgment”) pursuant to Code of Civil Procedure section 663. In its reply brief, S...

Excerpt: ...McNally”) moves for summary judgment as to plaintiffs' cause of action for negligent misrepresentation. The party seeking summary judgment bears the burden of showing there is no triable issue of material fact and that the party is entitled to judgment as a matter of law. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production to make a prima facie showing that there are no tria...

Excerpt: ... discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) the likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party; and (4) the length of time elapsed between the date previously set, and the date presently set,...

Excerpt: ...ddresses a conflict between a party's right to choose its counsel and the overall needs of the judicial system to maintain ethical standards of professional responsibility for attorneys. Comden v. Superior Court (1978) 20 Cal.3d 906, 915; People ex rel. Dept. of Corrections v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145 (SpeeDee Oil). “The paramount concern must be to preserve public trust in the scrupulous administration of j...

Excerpt: ...031.300(c). However, repeated conduct of failing to comply with discovery 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. Farmers Insurance Exchange's Motion to Compel Responses to Special Interrogatories Farmers Insurance Exchange's mo...

Excerpt: ...'s motion to compel is granted in part, and denied in part, as follows: 9 Defendant's motion to compel further responses to Form Interrogatories Nos. 6.4, 6.5 and 6.7 is granted. Responses to interrogatories must be “as complete and straightforward as the information reasonably available to the responding party permits. If an interrogatory cannot be answered completely, it shall be answered to the extent possible.” Code Civ. Proc. § 2030.220...

Excerpt: ... may be made on the grounds that a cause of action does not state facts sufficient to constitute a valid cause of action. Code Civ. Proc. § 438. Defendant's motion seeks judgment on the complaint on the grounds that the complaint is not verified. As a preliminary matter, a motion for judgment on the pleadings does not appear to be the proper vehicle to challenge the complaint due to the lack of verification. The proper objection where a party fa...

Excerpt: ...g objections are overruled. Plaintiffs' objections to the declaration of William Flournoy are ruled on as follows: Objection Nos. 3, 7 and 8 are sustained. The remaining objections are overruled. Plaintiffs' objections to the declaration of Frieda Fisher‐Dubois are ruled on as follows: Objection No. 2 is sustained. The remaining objections are overruled. Plaintiffs' objections to other evidence submitted by defendants are ruled on as follows: O...

Excerpt: ...ed the “supplemental opposition” filed by plaintiff on May 8, 2020. The court notes that plaintiff first filed opposition to defendant's motion on August 30, 2019. After the court granted a continuance pursuant to Code of Civil Procedure section 473c(h), plaintiff filed a subsequent opposition on March 6, 2020. The supplemental opposition would be the third responding memoranda to plaintiff's motion, and considering the supplemental oppositio...

Excerpt: ... to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Id. Plaintiff submits evidence establishing an agreement to provide legal services to defendant Paul Nau. (Pltf. SSUMF 1.) During the course of that representation, plaintiff sent defendant monthly billing statements which detailed the services provided, the time expended, the costs incurred, and the balance due. (Pltf. SSUMF 4.) Defendant m...

Excerpt: ...expired. Code Civ. Proc. § 438. The same rules governing demurrers apply. Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999. 5 Tort liability against a public entity requires an authorizing statute or enactment. Gov. Code § 815(a); Searcy v. Hemet Unified School Dist. (1986) 177 Cal.App.3d 792, 802. Plaintiff points to no statutory authority to assert a claim against a public entity for general negligence, or for premises liability...

Excerpt: ...fession. Code Civ. Proc. § 483.010(c). Damages must be measurable by reference to the contract itself, and the basis for computing damages must be reasonable and certain. CIT Group/Equipment Financing, Inc. v. Super DVD, Inc. (2004) 115 Cal.App.4th 537, 541. Based upon review of the plaintiff's application, the court finds pursuant to Code of Civil Procedure section 483.010 that plaintiff has established the probable validity of the claim exceed...

Excerpt: ...to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Id. The motion for summary judgment must be supported by evidence establishing the moving party's right to relief. Regents of Univ. of Cal. v. Superior Court (1996) 41 Cal.App.4th 1040, 1044. “There is no obligation on the opposing party … t...

Excerpt: ...ng, by affidavit, facts establishing every element necessary to sustain a judgment in favor of the party. Consumer Cause, Inc. v. Smilecare (2001) 91 Cal.App.4th 454, 468. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Aguilar v. A...

Excerpt: ...ments which he contends are responsive to these requests, and states that he has produced all responsive documents. Defendant submits no evidence suggesting that plaintiff may have additional documents which are responsive to these requests which have not been produced. The motion is denied as to Request Nos. 13 and 14. Plaintiff did not waive applicable objections as to these requests, as the objections were timely served within the one week ext...

Excerpt: ...conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. Pride's dem...

Excerpt: ... are ruled on as follows: Objection Nos. 4 (as to the last sentence only), 8, 10, 11 (as to the second sentence only), 12, 13, 15, 18, 19, 20, 29, 32, 40, 41 and 42 are sustained. The remaining objections are overruled. 8 Ruling on Request for Judicial Notice Defendants' request for judicial notice is granted. With respect to Exhibits 15, 16, 18‐ 25, 28, 30, 32‐34, and 36‐40, the court takes judicial notice of the fact that these documents ...

Excerpt: ... amount of $810 from plaintiffs' counsel. Code Civ. Proc. § 2033.280(c). Motion to Quash Depositions Subpoenas and for Protective Order As a preliminary matter, the court has considered plaintiffs' untimely reply in ruling on this motion. Plaintiffs move to quash a deposition subpoena for production of business records served on law firm Wells, Small, Fleharty & Weil, and depositions subpoenas served on Steve A. Small, Esq. and Dara Stead. Depos...

Excerpt: ...e ruling on submitted matter issued September 2, 2019, upon which the November 4, 2019 judgment is based, and enter an amended ruling on submitted matter and new and different judgment. Code of Civil Procedure section 663 empowers the trial court to set aside a judgment based on a decision by the court., where there is an incorrect or erroneous legal basis for the 2 decision, not consistent with or not supported by the uncontroverted facts. Glen ...

Excerpt: ... of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of content...