Excerpt: ...approve the requested amount. Similarly, without a detailed explanation of precisely what the investigation entailed, the Court is not inclined to approve that amount. Additionally, the Court is inclined to reduce any service award to plaintiffs to $5,000.00 ...

Excerpt: ... or restitution considerations which are outweighed by the need to protect and limit a public entity's contractual obligations” Katsura v. City of San Buenaventura (2007) 155 Cal.App.4th 104, 109‐ 10. The circumstances in Russell City Energy Company, LLC v. City of Hayward (2017) 14 Cal.App.5th 54 are truly “unique” and the case does not apply to the circumstances in this case. This case would essentially allow a cost overrun to be recove...

Excerpt: ... large part, upon the distinction between a pharmacy, which primarily provides a service, and a retailer, which sells goods. Thus, any theory of strict liability that seeks to treat a pharmacy as a retailer contravenes the reasoning upon which the decision in Murphy is based. For this same reason, a breach of warranty claim does not lie against a pharmacy. (Hector v. Cedars–Sinai Med. Ctr. (1986) 180 Cal.App.3d 493, 508 n. 3; Shepard v. Alexian...

Excerpt: ...correct, how does that affect the estimated value of the claims to be released by the plaintiff? 2. The order continuing this hearing to April 27 stated: “The declaration of counsel states that the defendant produced pay records for other relief sales representatives. How many did the defendant produce? What percentage is that of the total number of such representatives? Do any of those records indicate that there are any other such representat...

Excerpt: ...ummary adjudication. Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code Civ. Proc. § 437c(c).) Page 10 of 12 A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to t...

Excerpt: ...rounds that her counsel formerly represented him in his individual capacity and as attorney‐in‐fact for his grandfather as Trustee of the Franklin Trust and is now representing Plaintiff in this substantially related case. “Before an attorney may be disqualified from representing a party in litigation because his representation of that party is adverse to the interest of a current or former client, it must first be established that the part...

Excerpt: ... to the 2nd cause of action as to these moving defendants. The 4th cause of action is Page 2 of 12 Defendants Cox, Castle & Nicholson LLP, Paul J. Titcher and Adam Englander moved the court to strike all allegations against them as follows: 2 nd Cause of Action: Aiding and Abetting Breach of Fiduciary Duties. 4 th Cause of Action: Aiding and Abetting Constructive Fraud (Fraud by a Fiduciary) 5 th Cause of Action: Intentional Misrepresentations 6 ...

Excerpt: ...007) 154 Cal.App.4th 498, 507‐508. It is irrelevant that more than one person could be the successor in interest and defendants offer no authority to the contrary. The court does not deal here with Defendants' Motion to Strike or Tax set next month. ...

Excerpt: ...s demurrer was originally filed 7/19/17. At the 1/31/18 hearing the court continued the hearing to 4/26/18 to be heard after the motion Re: Guardian ad Litem issue. On 3/22/18 the Court heard the motion for removal of Guardian ad Litem and Dismissal of Complaint by Lydia Brown. The Court vacated the order appointing the Guardian ad Litem and encouraged the parties to attempt to resolve the issue concerning a guardian Page 3 of 3 and/or dismissal ...

Excerpt: ...efore filing a demurrer, the demurring party shall meet and confer in person or by telephone with the party who filed the subject pleading, for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. As part of that meet and confer process, both parties are required to provide legal support for their positions, or amend/answer (§430.41(a)(1)). The cross‐defendants who filed...

Excerpt: ...compliance with CRC 3.1306(c). Even if judicial notice were taken that a contract existed, the court cannot make factual or legal determinations based upon the contents of those documents. Further, the truth of statements made therein and their proper interpretation are not subject to judicial notice if the matters are reasonably disputable: Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a...

Excerpt: ...to this court that would tend to indicate he can plead around the failed allegations of statutory liability or that governmental immunity does not apply here. 1 st Cause of Action for General Negligence and 2nd Cause of Action for Violation of Statute The Complaint alleges that the Riverside County Coroners' Office has a mandatory duty under Govt. Code §27491 “to fully inquire into the circumstances, manner, and cause of all violent, sudden, o...

Excerpt: ...he action as to that defendant. That same ruling applies in Randall v. William Lyon Homes, Inc. RIC1709214 and Escott v. William Lyon Homes, Inc. RIC1515142. Analysis: The plaintiff represents that a global settlement has been reached in this case and in four other related cases. The defendant agrees. However, the defendant asks the Court to proceed with a ruling on the motion to compel arbitration because the parties had previously stipulated th...

Excerpt: ...plain: a. Why Mr. & Mrs. Oliver are named as plaintiffs in both cases. They were amended into the Wilder complaint on 1‐5‐18 but then filed their own action 19 days later on 1‐24‐18. Page 3 of 4 b. Why the consolidated complaint has not been served on the defendant. c. The plaintiffs' reference to “likely up to thirty or more subcontractors” (mtn., p. 2, l. 7), given that the developer has answered without filing any cross‐complaint...

Excerpt: ...tice pursuant to Code of Civil Procedure section 1019.5, forthwith. There is no provision in the Code of Civil Procedure or Rules of Court which provides that a motion is deemed to be meritorious because no opposition was filed. However, "[s]ome courts treat a party's failure to file opposition papers as an admission that the motion is meritorious, and therefore refuse to hear oral argument from such party. The purpose is to prevent intro...

Excerpt: ...submission of new evidence (William Chu's declaration ¶¶ 28‐31). Second cause of action: The law of the case doctrine does not apply and Defendants failed to establish restitution is not applicable. Fourth cause of action: Defendants did not provide evidence that completely disposes of the entire cause of action. Fifth cause of action: Defendants failed to meet their initial burden. Sixth and seventh causes of action: There are triable issues...

Excerpt: ...fendant Red Mule Ranch, Inc. (“Ranch”). According to Defendants the accident occurred while Schriner was making a left hand turn and Waters attempted to pass him while he made the turn. Waters contends that Schriner made an improper left turn causing the collision. Defendants dispute that contention. The CHP officer investigating the accident determined that Waters made an unsafe attempt to pass the tractor and collided with the left front wh...

Excerpt: ...alid in California as the vehicle was purchased outside the State of California. Summary adjudication is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code Civ. Proc. § 437c(c).) A party moving for summary judgment/adjudication bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action can...

Excerpt: ...nts. Plaintiff's attorney Andrew J. Knez failed to respond to a letter inviting the required telephone meet and confer, and failed to provide any legal support for plot's position regarding her Complaint. The defendant who filed the demurrer and motion to strike is ordered to meet and confer in person or by telephone with the plaintiff who filed the complaint for the purpose of determining whether an agreement can be reached that would resolve th...

Excerpt: ...Ruiz DeLeon v. Estate of Vides (BC660530); and other cases as yet not received from Los Angeles County Superior Court. Into that same master file, the State seeks to consolidate three additional cases:  Hernandez v. Guilford (RIC1714082);  Car v. Guilford (RIC1714086); and  Alvarez v. USA Holiday (PSC1801449). Page 3 of 3 The State has failed to comply with the rules governing motions for consolidation in at least two respects. First, th...

Excerpt: ... separate statement until long after the time limit had expired. Filing and serving a notice of the motion only within the 45‐ day time limit is insufficient to meet the requirements for filing a motion. (See Rules of Court, rule 3.1112 and rule 3.1345; CCP, §§ 2030.300(a) and 2031.310(a) [both providing that a party dissatisfied with responses may “move for an order” compelling further responses].) A motion is not sufficient unless the s...

Excerpt: ...atement until long after the time limit had expired. Filing and serving a notice of the motion only within the 45‐ day time limit is insufficient to meet the requirements for filing a motion. (See Rules of Court, rule 3.1112 and rule 3.1345; CCP, §§ 2030.300(a) and 2031.310(a) [both providing that a party dissatisfied with responses may “move for an order” compelling further responses].) A motion is not sufficient unless the supporting me...

Excerpt: ... the interrogatory, and failed to substantiate its objections. RFP Nos. 3‐6, 10, 36. GRANTED. Defendant failed to provide a privilege log and failed to produce sufficient evidence that the dominant purpose of the incident report was for attorney review. Defense Counsel's declaration lacks foundation. Request for Sanctions: DENIED based on the court's mixed ruling. ...

Excerpt: ...romptly serving written objections. (Cal. Code Civ. Pro. §2025.410.) Plaintiff argues that Defendant's objections were not timely served. Pursuant to Cal. Code Civ. Pro. §2025.410(b), if an objection is made three calendar days before the deposition date, the objecting party shall make personal service of that objection. Defendant served its objections to the January 8 deposition on January 4. Therefore, the objection was not made three calenda...

Excerpt: ...) 212 Cal.App.4th 674, 676. Further, Defendants' argument that application of CCP § 1281.2 is barred by FAA is without merit. Nothing in the Arbitration Agreement indicates that it is governed by the FAA, much less subject to the FAA's procedural rules. See Avila v. Southern California Specialty Care, Inc. (2018) 20 Cal.App.5th 835, 840 (“The procedural aspects of the FAA do not apply in state court absent an express provision in the arbitrati...

Excerpt: ...37. However, the plaintiff has now submitted a “second corrected proposed” order, which re‐inserts language to the effect that the participating class members are bound by sections 5.01, 5.02, and 5.05 of the agreement. Unless the Agreement has been modified since the version attached to the declaration of Benowitz filed 3‐7‐18, section 5.02 requires the class members to covenant not to sue the defendants. (Pg. 22, ll. 3‐4.) As pointe...

Excerpt: ...e the judgment. As to the remainder of the motion, regarding bank records of defendants from 2014 to the present, plaintiff has not met its burden to demonstrate that the subpoena is directly relevant to the causes of action and the subpoena is overbroad. Additionally, plaintiff has failed to demonstrate that the information is not available using less intrusive methods of discovery. ...

Excerpt: ...the opposition, the Property was listed on October 4, 2017. With the exception of a short period in February 2018 during which the Property was delisted, it was relisted with a higher price. There is currently nothing for the court to enforce. Further, there is nothing in the current record to indicate that Plaintiff has acted in bad faith or that the price currently listed for the Property is unreasonable. ...

Excerpt: ... and Darryl Clare. Defendants failed to show that the filing of the cross‐complaint against such parties would be in the interest of justice. (CCP § 428.50(c).) ...

Excerpt: ...f $10,000.00 to be posted forthwith. Plaintiff to prepare the order and give notice. Defendant Mark Holt, M.D., Inc. signed two different promissory notes in favor of Plaintiffs Surender Vuthoori, M.D. and Surender Vuthoori, M.D., Inc. To secure payment of the Note Defendant executed Security Agreements. The Security Agreements executed to secure both notes covered all assets, including furniture, fixtures and equipment used in the business of De...

Excerpt: ... Cal. App. 2d 910, 915.) “The allegation that a corporation is the alter ego of the individual stockholders is insufficient to justify the court in disregarding the corporate entity in the absence of allegations of facts from which it appears that justice cannot otherwise be accomplished.” (Leek v. Cooper (2011) 194 Cal. App. 4th 399, 414.) The allegation must “include facts showing a unity of interest and a resultant injustice, prerequisit...

Excerpt: ...aintiff did not plead facts or circumstances that indicate exhaustion would be futile or that an administrative process under IDEA could not provide at least some of the remedies she is seeking. As to the seventh and eight causes of action, the Demurrers are SUSTAINED WITH LEAVE TO AMEND. Government Code section 910 et. seq., identifies several requirements for the contents of a government claim and procedures for filing the claim with a governme...

Excerpt: ... $2,452.15 for a total request of $36,412.15. A verified fee bill is prima facie evidence the costs, expenses, and services listed were necessarily incurred. (Hadley v. Krepel (1985) 167 Cal.App.3d 677, 682.) Furthermore, a declaration attesting to the accuracy of the fee bill is presumed credible. (Horsford v. Board of Trustees of California State University (2005) 132 Cal.App.4th 359, 396.) Civil Code section 1794(d) provides that “[i]f the b...

Excerpt: ...Motion could have been denied at this time. Moving party to give notice. Much information is currently missing, it is difficult to determine whether the Settlement is fair and reasonable. Counsel does not explain the strength of the case and there are few factual allegations contained in the Complaint. Counsel does not provide estimates as to the maximum amount of damages and other relief the class could be awarded if they prevail at trial. Furth...

Excerpt: ...4th 453, 458.) Plaintiff is essentially asking the court to not enjoin any wrong actions by the Defendant to preserve the status quo, but rather, make a determination on the merits and award her full control of Defendant without a trial. This is not a proper preliminary injunction. Damages will not support an injunction, since an injunction is an equitable remedy which will not be granted if there is a remedy at law. (Department of Fish & Game v....

Excerpt: ...on, the vast majority of the documents that would be produced under these subpoenas are not relevant to this matter and protected by privilege. Personnel files from an individual's employer fall within a zone of privacy. Board of Trustees of Leland Stanford J. Univ. v. Sup. Ct. (1981) 119 Cal.App.3d 516, 528‐530. The accident in question occurred on 11/25/14. It is unclear why Defendants would need financial records that date back to 2004, when...

Excerpt: ...nder the circumstances of the case. “To be valid, a section 998 offer must be made in good faith, which requires that the offer of settlement be ‘realistically reasonable under the circumstances of the particular. . .'” A token or nominal offer made with no reasonable prospect of acceptance will not pass the good faith test. Page 2 of 2 “[W]hen a party obtains a judgment more favorable than its pretrial offer, [the offer] is presumed to h...

Excerpt: ... Impac Funding's evidentiary objections are OVERRULED as immaterial. The Motion for Summary Judgment is GRANTED. Impac Funding meets its initial burden to demonstrate that Plaintiff's Loan was not table funded, and Plaintiff fails to raise a triable issue of fact as to whether the sale of his Loan was anything but a bona fide transaction. More importantly, even assuming that the Loan was part of a table‐funded transaction, there is no authority...

Excerpt: ...rty to the first cause of action for cancellation of instruments. BANA has never had an interest in the Note and DOT and is not a successor to any instrument that Plaintiff seeks to cancel. See Miller & Starr, Cal. Real Estate (4th Ed. 2016), § 40:113; Lord v. Luse (1931) 214 Cal. 10, 11; Consolidated Concessions Co. v. McConnell (1919) 40 Cal.App. 443, 444‐45. Moreover, the entire basis for Plaintiff's cancellation claim – that Plaintiff's ...

Excerpt: ... inability to locate Beltz for service. Plaintiff states he has now been able to locate Beltz. Procedurally, this motion is improper per CCP 1005(b) since Beltz was not given notice. Plaintiff has acknowledged that defect and attempted to remedy it with a late service of FedEx mail and a request to continued. Substantively the motion is lacking in stating any legal authority, statutory or case law have would support a granting of the relief he se...

Excerpt: ...il 24, 2018 at 8:30am in Department 6. The defendants who filed the demurrer and motion to strike are ordered to meet and confer with the plaintiffs who filed the complaint for the purpose of determining whether an agreement can be reached that would resolve the objections raised in the demurrer and motion to strike. As part of the meet and confer process, the defendants shall identify all of the specific causes of action that they believe are su...

Excerpt: ...icious prosecution arising out a lawsuit filed against Plaintiff in the case of Sun Salt Sand Inc. v. Tony Cueves, PSC1503692. The prior lawsuit was terminated in Plaintiff's favor on the granting of his motion for summary judgment as to all six causes of action brought by Defendant Sun Salt Sand, Inc. against him. The owners of Sun Salt Sand, Inc. are Defendants Faruk and Salima Nurani. Defendant moves the court to strike Plaintiff's complaint o...

Excerpt: ...the requisite specificity. Among other things, the Complaint fails to set forth any misrepresentations of material fact that were specifically made by Pool Route (and on what authority to bind the corporation) upon which Plaintiff relied when he entered into the Agreement. Further, Pool Route is not a party to the Agreement and is not a proper party to the third cause of action for breach of contract or the fourth cause of action for rescission. ...

Excerpt: ...iff does not dispute or explain Defendant Steele's declaration stating that it was Plaintiff who unilaterally cancelled the contract. Thus, the Motion is DENIED. ...

Excerpt: ...ard Meaning were criminally charged by the Riverside District Attorney on or about February 16, 2017 with several acts of bribery of Pougnet by Meaney in violation of Government Code §§1090 and 1092, including the sale of the Prairie Schooner Parcel by the City. The Complaint alleges that Defendant Meaney was at all relevant times “an agent, employee, officer, director, member, owner and/or shareholder of Defendants O&M, NEXUS and NDC.” Com...

Excerpt: .... California courts have no inherent power to expand the methods of discovery beyond those authorized by the Discovery Act (San Diego Unified Port District vs. Douglas E. Barnhart, Inc. (2002) 95 Cal. App. 4th 1400, 1405). There is no authority within the Discovery Act for ordering a party to sign a release authorization for medical records, and none of the authorities relied on by defendant show otherwise:  CCP §128 lays out the Discovery Ac...

Excerpt: ...efendant. Analysis: The plaintiffs do not dispute the existence or enforceability of the arbitration provision. Instead, they ask the Court to exercise its discretion to “refuse to enforce the arbitration agreement” when “a party to the arbitration is also a party to litigation in a pending court action or special proceeding with a third party,” that other action arises out of the same transaction or series of related transactions as does...

Excerpt: ...in the amount of $31,662.83 following a hearing before hearing Officer Rodell Frick. Petitioner then filed this writ under both CCP section 1085 and 1094.5 seeking “a Peremptory Writ of Administrative Mandamus or Mandate ordering Respondents to set aside Respondent Hearing Officer Fick's decision, or purported decision, allowing Respondent City of Coachella to seek $31,662.83 from Petitioner and issue a new order granting Petitioner's r...

Excerpt: ...b's (“Moreb”) First Amended Complaint. This Court sustained with leave to amend as to the 1st, 2nd, 4th, 5th , 6th, 9th and 10th causes of action for 1) Negligent Misrepresentation, 2) Promissory Estoppel, 4) Breach of Contract, 5) Violation of Civil Code §2923.55, 6) Violation of HBOR, 9) Cancellation of Instrument, and 10) Demand for Accounting. This Court sustained without leave to amend as to the 8th cause of action for Wrongful Foreclos...

Excerpt: ...discrimination, harassment and retaliation with the DFEH on March 1, 2017. The Complaint alleges that the adverse employment actions occurred on or around February 14, 2017. The judicially noticeable documents show that Plaintiff filed his amended DFEH Complaint naming defendant Taft on February 28, 2018. Therefore, the amended complaint was untimely pursuant to Govt. Code §12960. Because the requirement that the DFEH complaint must state the na...