Excerpt: ...s incurred (Regional Steel Corp. vs. Superior Court (1994) 25 Cal. App. 4th 525, 528). Indemnity may arise from either of two general sources: by virtue of express contractual language establishing a duty in one party to save another harmless if specified circumstances occur; or it may find its source in equitable considerations brought into play by contractual language not specifically dealing with indemnification or by the equities of the parti...

Excerpt: ...ef. It should be noted; however, that the notice of motion includes demurrer to the 1st cause of action for nuisance, but thereafter the demurrer is silent as to the 1st cause of action. Defendant asserts that the 3rd, 4th and 10th causes of action should be sustained without leave to amend as Plaintiffs have failed to cure the previously‐adjudicated defects in their Original Complaint after the court granted them leave to amend. Defendant Will...

Excerpt: ...tor of the Estate was issued by the State of Texas. Code of Civil Procedure section 1913(b) states that the authority of a personal representative “does not extend beyond the jurisdiction of the government under which that person was invested with authority, except to the extent expressly authorized by Article 4 (commencing with Section 2011) of Chapter 8 of Part 3 of Division 4 of the Probate Code or another statute.” The disability of a for...

Excerpt: ...l date of June 8, 2018, and at the same time discovery was reopened. The Hamodots have had sufficient time to prepare for trial. (A.N. v. County of Los Angeles (2009) 171 Cal.App.4th 1058, 1068 [defendant named as a Doe defendant approximately one month before trial].) Overruled as to the first, second, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth causes of action, as well as defendants' challenge to the sufficiency of the a...

Excerpt: ...o bring the claim. As plaintiff notes, the Ex. 3 Endorsement establishes that BARCLAY was insured under the Policy, and except for stated conditions, is subject to all of the terms and provisions of the Policy. At Second Amended Complaint (SAC) §61, plaintiff alleges various reasons why it is entitled to coverage under the Policy and Endorsement. Plaintiff has adequately stated sufficient facts to alleged a cause of action for breach of contract...

Excerpt: ...t it is not a party to the CC&Rs it is alleged to have breached by placing a lock on the entry door to the subject property. For the following reasons, the demurrer is granted without leave to amend: MCS is not a party to the CC&Rs. The First amended Complaint (“FAC”) is based upon the following allegations: “After obtaining the Subject Property through an assessment lien foreclosure sale, Plaintiff made substantial repairs and improvements...

Excerpt: ...) as the prevailing parties on their anti‐SLAPP motion. In opposition, Plaintiff asserts that there was no need to file 3 separate motions to strike, rather than just one. Defendants in reply stated they attempted to file a joint motion but it was rejected by the court as an entry of default had been entered against Sun Salt Sand. In addition, Defendants point out that only $985 .00 of the requested total was related to the second motion, which...

Excerpt: ...ongBeverly Act based upon the alleged defective “HVAC, SRS and electrical system.” (Compl. ¶¶ 17, 35, 46.) Now Plaintiff seeks leave to amend to add claims for fraudulent concealment and fraudulent inducement based upon another alleged defect, the Theta II engine. Plaintiff argues that “[a]s a result of Defendant's fraudulent misconduct, Plaintiffs purchased a defective automobile to their detriment. Plaintiffs have since experienced ...

Excerpt: ... of 3 More importantly, the Motion was not supported by declaration containing the information required under Rule 3.1324(b). The Motion is supported by the Declaration of Jessica R. Underwood, who indicates that Plaintiff was deposed on March 16, 2018 and testified as to Hurtado's involvement with the vehicle. However, the declaration does not state that the information was discovered at the deposition or why leave to amend was not sought earlie...

Excerpt: ...rrence. Further, because the County establishes that it is reasonably probable it will prevail on the merits, there is a rebuttable presumption that the potential harm to the public outweighs the potential harm to the defendants. (See City of Corona v. AMG Outdoor Advertising, Inc. (2016) 244 Cal.App.4th 291, 299.) Thus, because neither BPL nor Corral argues that they will suffer any harm through the issuance of a preliminary injunction, there is...

Excerpt: ...tion provision in the operating agreement. For the following reasons, the motion is denied: The parties are involved in litigation with third parties arising out of related transactions that create the possibility of conflicting rulings on a common issue of law or fact. The court may refuse to compel arbitration where “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, aris...

Excerpt: ...revailing party to submit proposed judgement order and to give notice. There are no allegations that WFG owed an independent fiduciary duty to Jeffrey. Hence, this cause of action is based on WFG's alleged conscious decision to participate in tortious activity by assisting Aaron in breaching his fiduciary duty by entering into the various business transaction with Sunset without Jeffrey's knowledge or consent. The business transactions at issue a...

Excerpt: ...s‐Complaint. Thereafter, the notice states that “F.I.R. Affiliates, Inc., a California Corporation dba. Fire Insurance Repair Experts, Juliette Zuccolotto, an Individual, Greg Zuccolotto, an Individual, Sylvia Aden, an Individual, [sic] seek an order sustaining general and special demurrer [sic] to the [sic] all cause [sic] of action in defendant [sic] Guadalupe Puga; Jimmy Meza's 1st Amended Cross Complaint” and then, after setting forth t...

Excerpt: ... present sufficient evidence to show a reasonable probability of success. Indeed, plaintiff's opposition fails entirely to address and distinguish the applicable immunities that prevent him from meeting his burden on the second prong. Additionally, plaintiff's Page 2 of 2 memorandum of points and authorities in opposition to the motion reference exhibits but no such exhibits were attached. ...

Excerpt: ...a “cross‐complaint”) is overruled. Granite shall serve and file its answer the complaint in intervention no later than May 29, 2018. Analysis: The demurrer will not be sustained, because there is no evidence that Granite complied with Code of Civil Procedure section 430.41, subdivision (a), which expressly requires the demurring party to meet and confer “in person or by telephone . . . .” On the merits, the challenge to the first cause ...

Excerpt: ...s of its sixth cause of action are sufficient to support a defamation cause of action. See Quelimane Co., Inc. v. Stewart Title Guar. Co. (1998) 19 Cal.4th 26, 38‐39 (if the essential facts of some valid cause of action are alleged, the complaint is good against a general demurrer). With regard to the remaining causes of action, the allegations of the Complaint are sufficient for pleading purposes to support the causes of action as alleged agai...

Excerpt: ...o the defendant rather than being distributed to the class? (Order, ¶ 6.) 2. The release described in the settlement agreement purports to release all claims arising out of the sale of the property, and thus is considerably broader than the claims described in the complaint, and is broader than the release described in the notice. Why does the proposed release not conform to CMO#2, § H.6.b? 3. Why is the partial SSN sought on the exclusion form...

Excerpt: ...ue burden and expense.” [CCP § 2030.090(b). Plaintiff seeks myriad forms of often inconsistent relief. This motion is brought on the grounds that Defendant's discovery … involves considerable burden requiring additional time to respond; exceeds the permissible scope of discovery by seeking regarding certain personal medical information and documents of the Plaintiff as well as attorney‐client privileged and work product doctrine informatio...

Excerpt: ...ary v. Superior Court (2014) 223 Cal.App.4th 726 for the proposition that an admission eliminates the need for proof. But, St. Mary was a discovery dispute and the court was merely discussing the purpose of a request for admission—not the procedure to how to enforce it. The issues raised here are trial issues. ...

Excerpt: ...attorney Harry Kaladjian. Cross‐Cross‐Defendants Susan Weber, Hrair aka Harry Kaladjian and Hrair Kaladjian dba Kaladjian Law Office are to give notice pursuant to CCP 1019.5, forthwith. Page 2 of 6 Cross‐Defendant/Cross‐Cross‐Complainant Walter Tighe (“Tighe”) filed a Cross‐CrossComplaint against Cross‐Complainant/Cross‐Cross Defendant Susan Tighe Weber (“Weber”) and her attorney Cross‐Cross Defendant Harry Kaladjian al...

Excerpt: ...spects: ¶ E.3.b. Where is the evidence of the estimate of the total number of alleged individual violations? ¶ E.4.c. Where is the evidence of the estimate of the penalties for which the defendant would be likely to be found liable at trial? ¶ E.4.e. Where is the evidence of how the amount of the agreed‐upon penalties was calculated? Page 2 of 5 ¶ E.6.a. Baker appears to say that the maximum value of the plaintiff's wage and hour claims is ...

Excerpt: ...attorney Harry Kaladjian. Cross‐Cross‐Defendants Susan Weber, Hrair aka Harry Kaladjian and Hrair Kaladjian dba Kaladjian Law Office are to give notice pursuant to CCP 1019.5, forthwith. Page 2 of 6 Cross‐Defendant/Cross‐Cross‐Complainant Walter Tighe (“Tighe”) filed a Cross‐CrossComplaint against Cross‐Complainant/Cross‐Cross Defendant Susan Tighe Weber (“Weber”) and her attorney Cross‐Cross Defendant Harry Kaladjian al...

Excerpt: .... Receiver, Eric Beatty, was appointed as a H & S Receiver on December 12, 2011. At the CMC held on September 7, 2017, the court directed Receiver to file and serve a report addressing both the status and feasibility of rehabilitating the mobile home park. On October 27, 2017, Receiver filed a report. A further hearing was held on November 30, 2017, OSC re: Discharge of Receiver at which time the court instructed Receiver to submit a further repo...

Excerpt: ...vides no basis for application of Gov. C. §815.6. Moreover, as discussed in Hoff vs. Vacaville Unified School District (1998) 19 Cal. 4th 925, 939, Ed. C. §44807 requires teachers to hold pupils to a strict account for their conduct, and does not purport to impose a mandatory duty more broadly on any public entity. Ed. C. §44807 merely imposes a discretionary duty to supervise the conduct of pupils. Nothing in Ed. C. §44807 requires that any ...

Excerpt: ...ect.] Portions of HOBRA suggest that foreclosure proceedings need not be pending. For example, under Civil Code §2923.6(a) (both former and current versions), the Legislature declared that mortgage services (working under a pooling and servicing agreement) acts in the best interest to implement a loan modification agreement if the loan is in default or default is reasonably foreseeable and anticipated recovery under a loan modification exceeds t...

Excerpt: ...n is required to be added to the 16 court days required under Code of Civil Procedure section 1005, subdivision (b), when service is done electronically. The joinder was electronically served on 4/23/18. This only provided 16 court days of notice, plus 1 court day for electronic service. Therefore, the notice was shorter than required. However, the plaintiff opposed the motion on the merits without objecting to the insufficient notice. Therefore,...

Excerpt: ...4‐30‐18. The Right to Repair Act describes the exclusive remedy for deficiencies in residential construction, “except as specifically set forth” in the Act. (Civ. Code, § 896.) The exceptions are described in Civil Code section 943, which provides that “[e]xcept as provided in this title, no other cause of action for a claim covered by this title or for damages recoverable under Section 944 is allowed. In addition to the rights under t...

Excerpt: ...location. (Undisputed Material Facts (UMF) Nos. 10 to 11 and declaration of Ned Wolfe at ¶¶ 9 and 12, citing to Exhibits C to E; declaration of Rodney Tidwell at ¶¶ 2 to 3.) Plaintiff sufficiently identified the dangerous condition when she agreed in her deposition testimony that she “stepped on this traffic box and that caused [her] foot to roll.” (UMF Nos. 4‐7; See plaintiff's deposition, pg. 43, lines 19‐21, attached to declaration...

Excerpt: ...o the court's analysis. The motion for summary judgment is DENIED. The motion for summary adjudication is granted in part, and denied in part as follows: 1 st cause of action (breach of oral contract): GRANTED. Defendant met his initial burden that Plaintiffs cannot establish the existence of any contract and that their claim is barred by the statute of frauds. The burden shifts to Plaintiffs, but Plaintiffs failed to produce sufficient evidence ...

Excerpt: ...hen the hearing may be continued to afford the defendants statutory notice. If the defendants do not oppose the motion, then the issue of the length of service is moot, and the court may either deny the motion or continue the hearing to allow the plaintiffs sufficient time to address the following: 1. The notice of motion states that the motion is made pursuant to “this Court's July 6, 2015 Class Action Case Management Order.” But that order ...

Excerpt: ...000 plus interest from November 1, 2010 to present; on the seventh cause of action for breach of loan in the amount of $150,000 plus interest at 5.6% from November 1, 2010 to present; on the tenth cause of action for $20,000…On the twelfth and thirteenth causes of action for partition of real property it was stipulated that plaintiffs own an undivided 50% of each parcel and defendants own an undivided 50% interest of each parcel. The court find...

Excerpt: ...fendant FAC US, LLC is to produce its Person Most Knowledgeable and Custodian(s) of Records within ten (10) days of the date of the Court's order. The proposed order will be signed after being modified to conform to the Court's ruling. Plaintiffs are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. There is no dispute as to whether Plaintiff is entitled to the requested PMK deposition to authenticate documents produce...

Excerpt: ...o be paid to Plaintiff's counsel within ten (10) days of the date of the Court's order. The proposed order will be signed after being modified to conform to the Court's ruling. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This First Amended Complaint (“FAC”) for breach of contract and declaratory relief raises one issue, that is, whether a provision in Defendant Sunrise Racquet Club Owner's Club's...

Excerpt: ...s own attorney do not constitute items for which a motion for relief under CCP 473(b) may be granted. “When a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys [citations]. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attorney…” (Burnete v. La Casa Dana Apartments (2007) 148 Cal. App.4th 1262, 1267.) Mist...

Excerpt: ...on January 25, 2016. King added Defendants Cox, Castle & Nicholson, LLP, Paul Titcher and Adam Englander Page 3 of 7 (collectively “CC&N Defendants”) to his Second Amended Complaint (“SAC”) filed on April 27, 2017. The SAC alleged the causes of action against the CC&N Defendants for RICO violations, Intentional and Negligent Misrepresentation and UCL violations. On June 23, 2017, CC&N Defendants filed their demurrer to the SAC. The court ...

Excerpt: ...ncloud (1997) 56 Cal.App.4th 91, 96‐97.) Page 2 of 2 Second, any demurrer must dispose of the entire cause of action, not merely some of the claims alleged in that cause of action. The defendant ignores that rule. For instance, in the first cause of action, Plaintiff has pled violations of Labor Code §201‐ 202, 226.2, 227, 510 and 1194. (FAC ¶16‐17.) Defendant has attacked sections 201, 202 and 227, but does not address why sections 226.2...

Excerpt: ...st for Judicial Notice is granted pursuant to Evidence. Code § 452(c) and of recorded documents under Evidence. Code § 452(d) and (g). The Complaint is uncertain, ambiguous and unintelligible. It is unclear whether res judicata applies because the facts as alleged in the Complaint are too thin, i.e., whether they arise out of the same facts alleged in the prior action filed by Plaintiff cannot clearly be deciphered. The facts are also insuffici...

Excerpt: ...nature and expected duration of the plaintiff's disability, and shall be filed no later than May 29, 2018. Analysis: When the Court sustained the prior demurrer in part with leave to amend, the Court did not expressly limit the scope of the amendment. Moreover, the court's CMO requires the parties to meet and confer about proposed amendments and directs that consent to amendment shall not be unreasonably withheld. The defendant has not explained ...

Excerpt: ...In exercising its discretion to grant or deny the motion, the court must take into consideration any relevant matter, including the following. The necessity and reasons for the additional discovery sought: • The diligence or lack of diligence by the party seeking discovery, and the reasons why the discovery was not completed or the discovery motion heard earlier; • Whether, permitting the discovery or granting the discovery motion will likely...

Excerpt: ...t belong to them, fraudulently sold it and retained the profits. As stated by the U.S. Supreme Court: Page 2 of 2 [W]hen claims to the property itself are the source of the underlying controversy between the plaintiff and the defendant, it would be unusual for the State where the property is located not to have jurisdiction. In such cases, the defendant's claim to property located in the State would normally indicate that he expected to benef...

Excerpt: ...dence proving an effective service. (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 390.) The request for sanctions is denied for failure to comply with the 21 day waiting period. (Code of Civil Procedure sections 128.5(f) & 128.7(c)(1); Nutrition Distribution, LLC v. Southern Sarms, Inc. (2018) 20 Cal.App.5th 117, 127.) Plaintiff Mireya Arias and her attorney, Rogelio V. Morales, are Ordered to appear and show cause, if any,...

Excerpt: ...n entity that has not been named in this litigation. In addition, the SDT seeks any records provided to the Riverside County District Attorney in connection with the criminal action. Defendant Richard Meaney moves the Court to quash the SDT served on First Republic Bank to obtain documents related to a Union Abbey, Inc. bank account. The court is authorized to order a subpoena quashed, modified, or that compliance be directed, with or without lim...

Excerpt: ...r sustained without leave to amend as to the 2nd cause of action. Demurrer overruled as to remaining causes of action. The foundational premise of this combined second amended petition for: (1) writ of administrative mandate, (2) writ of mandate, and complaint for (3) breach of contractspecific performance of 2004 settlement agreement, (4) breach of implied covenant of good faith and fair dealing, (5) declaratory relief‐Sustainable Groundwater ...

Excerpt: ... cause of action for declaratory relief and damages. The facts alleged in the SAC are as follows: Plaintiffs Scott and Carmella Bryan (“the Bryans”) owned two residences and golf memberships at Citrus Club in La Quinta. In June 2017 the Bryans were in the process of selling the residence at 79760 Citrus and transferring their Heritage Golf Membership to the prospective buyers under the terms and conditions of the Club's membership Page 5 of 8...

Excerpt: ... the contract at issue and fails to plead verbatim the terms alleged to have been breached. As pointed out by Cross‐Complainants, however, the written contract does not necessarily need to be attached to the complaint, and its terms may be pleaded generally “according to its legal intendment and effect.” (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198‐199.) CrossComplainants properly allege tha...

Excerpt: ...moves the court for leave to file a Second Amended Cross‐Complaint (“SACC”) which adds a cause of action for fraud and prayer for exemplary damages, adds five new exhibits to demonstrate the alleged alterations of the Lease, and pleads with specificity the facts previously pleaded in order to allege a fraud cause of action. As opposing party correctly points out, the motion fails to comply with CRC, rule 3.1324 which requires that the motio...

Excerpt: ...tigant. However, there was a question as to whether or not the Court has recognized new counsel Attorney David Wilkirson, who was not served. No opposition was filed, but was due May 1, 2018. To the extent that the minutes from this Court's February 15, 2018 did not make clear, this Court pursuant to its authority under Code of Civil Procedure section 284 recognized Attorney David Wilkirson as Plaintiff's counsel of record. To the extent that thi...

Excerpt: ...was insufficient. Finally, the form interrogatories appear to have been adequately answered. Finally, any clarification can best be dealt with in the form of a PMK deposition and deposition subpoena. ...

Excerpt: ...o the Complaint and filed it on 3/15/18. On 4/17/18 Michler timely filed and served his Anti‐SLAPP Motion to Strike the Complaint. An Anti‐SLAPP motion “may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions o...

Excerpt: ...acle noted in its original opposition some of the work that was solely related to the contract claims. The Court notes other entries such as: (1) July 22, 2016 “Review and analysis re July 21, 2016 Pinnacle's response to Crawford discovery”; (2) August 21, 2016 “Review and analysis re August 17, 2016 letter re agreement re discovery and Crawford claim”; (3) November 11, 2016 “Review and analysis re November 8, 2016 letter from developer...

Excerpt: ... Implied in Fact Contract, 4) Imposition of a Constructive Trust, 5)Promissory Estoppel/Quantum Meruit, 6) False Promise, 7) Fraud and Deceit, 8)Intentional/Negligent Misrepresentation, 9) Intentional/Negligent Infliction of Emotional Distress, 10) Negligence, 11) Slander/Slander Per Se, 12) Libel/Libel Per Se, 13) Invasion of Privacy, 14) Intrusion into Private Affairs, and 15) Declaratory Relief. On March 5, 2018, McQuary filed her First Amende...

Excerpt: ...ount of $291,074.00. This motion and number 3 below, are competing motions, and are therefore, analyzed under the heading of the motion for reimbursement. Plaintiffs initially sued numerous Defendants. Plaintiffs settled with Cessna in the amount of $100,000. Other defendants were dismissed because they had no liability (Aviation Group; Aerohoff), and some were determined to be insolvent or lacked sufficient assets (Buckley; Century; Aircraftsman...

Excerpt: ...power to permit defendant to file or amend a cross‐complaint to avoid forfeiture of defendant's “related” claim. Indeed, the court “shall grant” leave as long as defendant is acting in good faith. (Code Civ. Proc. § 426.50; see Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98‐99—even on “eve of trial,” leave to file compulsory cross‐complaint mandatory absent bad faith.) Because trial on Stabilis's action h...

Excerpt: ... (which entity was subsequently stricken from the complaint on 6/29/17 because Plaintiff Paige Linn opted to pursue the matter in pro per without counsel and could not represent the interest of the corporation as she is not a licensed attorney) and Defendant Heidi Hustedt. In addition, the prior pleadings arose out of a March 28, 2014 fire in the adjacent premises, leased by defendant Armando's Bar and Grill, Inc., as well as an April 23, 2014 pi...

Excerpt: ...equest for a flat fee without any attempt to explain the services rendered is not sufficient to support an award. (Id.) Counsel's original declaration filed with the moving papers merely states they divide the number of case files with the overhead. He provides no information as to how much time spent. Nor does he provide any authority that flat rate billing is sufficient to justify fees. Because moving parties failed to provide evidence to estab...

Excerpt: ...and Lenni Ayres are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. On November 21, 2017, Plaintiff Gail McQuary (“McQuary”) filed her Complaint against Defendants Peter Kirkis and Lennie Ayres alleging 15 causes of action for: 1) Breach of Contract, 2) Breach of Quasi‐Contract, 3) Breach of Implied in Fact Contract, 4) Imposition of a Constructive Trust, 5) Promissory Estoppel/Quantum Meruit, 6) False Promise,...

Excerpt: ...fied by numbers 14 and 15. Defendants Vistana California Management, Inc. and Desert Willow Condominium Association, Inc. are to give notice pursuant to CCP 1019.5, forthwith. Defendants seek to strike paragraphs 20, 32, 41, 42, 47(e), 48, 49, 53, 59, 69, 94 and the phrase “Defendants … deliberate choice not to notify Plaintiffs of the presence of Cimex Lectularius in Room 3111, within paragraph 37 and 55 and prayer for relief for punitive da...

Excerpt: ...n shall be joined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, mu...

Excerpt: ...ive notice pursuant to CCP 1019.5, forthwith. This Court sustained with leave to amend as to the 1st, 3rd, 4th, 6th and 7th causes of action in the First Amended Complaint. The Second Amended Complaint (“SAC”) added the following allegations: ‐ Defendants failed to eradicate prior bedbug infestations in the hotel, including in Room 3111, the room where the Mundts were bitten by bed bugs. (¶18, SAC) ‐ Defendants deliberately chose not to ...

Excerpt: ...) days of the date of the hearing on this motion. The proposed order will be signed after being modified to conform to the terms of the Court's ruling. Defendants Stabilis Fund II, LLC and Indio Funding, LLC are is to give notice pursuant to CCP 1019.5, forthwith. Defendants Stabilis Fund II LLC and Indio Funding LLC move the court for an award of $14,892.27 in attorneys' fees and costs against Plaintiff Valley and Mountain, LLC pursuant to CCP �...

Excerpt: ...ns listed below. Page 5 of 6 Analysis: By an order filed December 18, 2017, the Court preliminarily approved the settlement in this case. That order provides that the “Final Approval Hearing” would be conducted on May 20, 2018, at which the court would decide whether to grant final approval, and would also decide whether to grant any request for attorney's fees and costs, and for enhancements. The court's case management order provides at ¶ ...

Excerpt: ...no more than one month's dues of $10.  Are all memberships terminable without penalty with one month's notice or less?  If so, was that true during the entire class period? 2. The Court had asked whether any evidence supported the plaintiff's assertion that: “Defendant does not possess sufficient assets to pay an award of statutory damages exceeding [$750,000]. Accordingly, there is a 100 percent probability that the defendant could not p...

Excerpt: ...rbitrate her individual claims and to stay prosecution of the class claims pending the result of that arbitration. On 12‐ 1‐11 and 2‐2‐12, the trial court granted the motion to arbitrate as to all claims except for the claims for injunctive relief under B&P Code sections 17200 (unfair competition) and 17500 (false advertising) and Civil Code section 1750 (consumer legal remedies), and stayed those three claims pending the result of the ar...

Excerpt: ...tising) and Civil Code section 1750 (consumer legal remedies). The defendant contends that those claims for injunctive relief are preempted by federal law, and in any event are barred by a consent decree issued by the Office of the Comptroller of the Currency, and are therefore “irrelevant, false, or improper” allegations subject to a motion to strike. As described above, the prosecution of those statutory claims for injunctive relief has bee...

Excerpt: ...chin (“Chernuchin”) arise out of an alleged breach of contract for failure to pay attorney's fees related to different litigation wherein Plaintiff Knez Law Group LLP (“Knez”) provided Chernuchin legal services. Chernuchin asserts that all four causes of action fail as a matter of law because Knez failed to allege that Chernuchin was provided with notice of her right to client fee arbitration. Knez asserts that the notice was served on Ch...

Excerpt: ...ging that he increased the risk to himself and the public by driving while intoxicated and, despite this knowledge, defendant drove the vehicle which plaintiff alleges caused the accident. (Complaint, ¶¶ 11‐ 12.) Prevailing party to give notice. Prevailing party to give notice. ...

Excerpt: ...ndant's right to appear in in the action, and a defendant has no right to participate in the proceedings until either his or her default is set aside or default judgment is entered. See Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385‐86. Thus, the entry of default deprives the court of jurisdiction to consider any motion other than a motion for relief from default. W.A. Rose Co. v. Municipal Court (1959) 176 Cal.App....

Excerpt: ...an male of approximately 50 years of age, 5'8” 150 pounds with salt and pepper hair “Person in Charge” at 290 Broadhollow Road, Suite 301, Melville NY 11747 on 2/23/18 at 10:43 a.m. The Proof of Service (“PoS”) states that it was served by James D. Cozens‐ Sano Attorney Service, P.O. Box 1568, Riverside, CA 92502 and states he is a registered California process server, Registration No. 0847484, but lists County as Suffolk County, whic...

Excerpt: ...ith and Fair Dealing is based upon allegations that after Plaintiff Dreyfus had invested substantial funds and efforts in establishing Coachella Valley Growers, LLC and CV Pharms, Defendant Elsasser took advantage of a severe illness that rendered Dreyfus hospitalized and unable to participate in the business operations; that during this time, Elsasser engaged in a scheme to seize control of their business, exploit the Conditional Use Permit (“...

Excerpt: ...dent. Taylor filed his Answer and Cross‐Complaint on 12/27/17 alleging that he was not the owner of the car and to the extent that his name was on the title, it was the result of elder abuse by Cyress Coast Nissan, Inc. and his son. On February 13, 2018, Dean Taylor passed away before his motion for trial preference could be heard. Dean Taylor's wife, Barbara Taylor substituted in as successor in interest and now moves for a trial preference ba...

Excerpt: ...o authority was provided to the Court that a general allegation of ownership and/or control is insufficient for pleading purposes. A Complaint is not defective because of an allegation of joint ownership and control. (More v. City of San Bernardino (1931) 118 Cal.App. 732, 737. Gov. Code § 830(c).) Less particularity is required where the defendant may be assumed to possess knowledge superior to that possessed by the plaintiff. Finally, the Comp...

Excerpt: ...cates that as of the date of the opposition, no policy is in defendant's possession and that it will produce the policy when in possession of it. Page 2 of 2 Demands 7, 18, and 19 (as to attorney client privilege and/or work product objections): Defendant failed to comply with C.C.P. §2031.240(b) and (c). Defendant did not identify with particularity documents falling within any category of item in the Demands to which the objection is being mad...

Excerpt: ... (“FAC”) alleges two causes of action against Defendant Coachella Valley Water District (“CVWD”) for declaratory relief and inverse condemnation. The FAC alleges that Rancho has approximately 80 mobile home spaces (out of 288 total spaces) which are either vacant or have on them uninhabited mobile homes which do not use sewer services. CVWD charges a monthly sewer fee for each space in the park regardless of whether the space is vacant or...

Excerpt: ......

Excerpt: ... section 1019.5, forthwith. The owners/partners of Saxony Land Company, LP (“Saxony”) are Plaintiff the Estate of Ross Mangano (“Estate”) and Defendant Martec Investments, LP (“Martec”). Defendant Martin Dolemo (“Dolemo”) is the manager of Martec Investments, LP. Saxony's First Amended and Restated Limited Partnership Agreement provided Mr. Mangano with a “Put” right, which is the subject of this case. Each of the parties to p...

Excerpt: ...as discussed at the hearing, that the Court's concern was the necessity of a receivership and whether there is need for determination of the motion for reconsideration in light of the Stipulation and Order filed on 1‐16‐18, paragraph 4: “A City inspection of the Respondent's property on August 15, 2017 revealed that Respondent had sufficiently abated all of the violations identified in the City's Petition and Motion for Appointment of the R...

Excerpt: ...chael's admissions against other parties. While it is possible that there is insufficient evidence for seeking damages in excess of an owner's liability, the issue is not decided since this is a MSJ and not a MSAI. Motion for Summary Judgment denied. ...

Excerpt: ... adjudication denied as to punitive damages. Plaintiffs Tracy Randall, Jamie Macknicki, Andrea Mills and Denise Pierce filed a complaint on 9/30/16 alleging 6 causes of action against Defendants Cambria Company, LLC and Karen Alciatore for: 1) Retaliation in Violation of Government Code section 12940(h), 2) Hostile Work Environment Harassment in Violation of Government Code section 12940(j), 3) Associational Harassment in Violation of Government ...

Excerpt: ...served on 11/18/17. Defendants served their responses on 12/28/17, more than 30 days after the responses were due. Thus, all objections to the Demands for Production were waived by Defendants. (CCP § 2031.300(a).) Plaintiff's Separate Statements indicate that Demand Numbers 2 ‐ 15 and 18 ‐ 21 contained objections. As such, Defendants are Ordered to provide further responses without objections to these Demands within 20 days. Defendants' resp...

Excerpt: ...urance committees and by counsel. Evidence Code section 1157, 1157.6 and attorney client/work product privileges protect from discovery. ...

Excerpt: ...re material and relevant to the case. There appears to be no dispute that Plaintiff has an extensive medical history, some of which may be relevant to her claims of injury. While Plaintiff may not have been required to meet and confer before bringing the present motion, Plaintiff notably provided no guidance to the Defendants or to the court with regard to the injuries for which Plaintiff actually seeks to recover. On or about 2‐19‐18, Plaint...

Excerpt: ...R.S. v. Superior Court, supra, 172 Cal. App. 4th at 1056.) The Juvenile Court previously determined that Defendants could use the subject juvenile case files to defend this litigation. ...

Excerpt: ... of 2 The Supplemental Declaration filed by Plaintiff on April 4, 2018 and by Defendant Jayco, Inc. (Jayco) on April 5, 2018 were not considered on ground of their lack of timeliness. There is no dispute that the warranty included an Indiana State choice of forum provision because manufacturer Jayco, Inc. is located there. The relevant issues here is whether the provision should or should not be enforced because defendants waited too long to enfo...

Excerpt: ...to advance an interest that it and defendant Chambless shared in securing legal advice on a common matter. (OXY Resources California LLC v. Superior Court (2004) 115 Cal.App.4th 874.) The further responses of defendant Chambless shall be served on or before April 30, 2018. No sanctions are awarded in this discovery dispute in which plaintiff Daly and defendant Chambless both acted with substantial justification. The Court will complete and file t...

Excerpt: ...tion as the City's PMQ on a mutually agreeable date no later than April 30, 2018. If the City chooses to produce only Mr. Smith, he shall come prepared with all information reasonably available to him on the topics in the deposition notice to which the defendant did not object. The City shall pay to plaintiffs monetary sanctions in the sum of $3,290. In addition, the City shall bear the cost of court reporter and videographer for the renewed PMQ ...

Excerpt: ...hedral City Police Department via the School's Resource Officers. Case Number 1604C‐3145 reflects the contents of the police investigation based on those reports. On November 22, 2017, Plaintiffs issued a SDT requesting the documents relating to the police investigation. In response the police department responded that the documents were exempt form disclosure pursuant to Welfare and Institutions Code section 15633. In response, Plaintiffs E.G....

Excerpt: ...nd 3) fraud. Plaintiffs' thereafter filed a First Amended Complaint (“FAC”) asserting five causes of action against Defendant Benjamin Sullivan (“Sullivan”) alleging five causes of action for: 1) breach of contract, 2) negligence, 3) negligent misrepresentation, 4) negligent supervision, and 5) return of funds violation of Business and Professions Code section 7031. As to Defendant Benjamin Sullivan the FAC asserts that he is the owner of...

Excerpt: ... Robinson because the facts in Robinson were extreme, unlike the facts here. This argument fails because it was not the extremity of the facts upon which the Robinson court based that part of its opinion that addressed the setting of the hearing date. In fact, the relevant facts here are not as favorable to Defendants as they claim and are more similar to those in Robinson than they are dissimilar. Most notably, if the court were to find good cau...

Excerpt: ...he Fourth Amended Complaint (“FAC”) alleges four causes of action as follows: 1) Breach of Contract, 2) Breach of Contract, 3) Fraud, and 4) Negligent Misrepresentation. The FAC was filed 7/10/14. On 11/19/14, Plaintiff filed a proof of service reflecting personal service on 11/11/14 on Equity Trust Company FBO Scott McKhann Traditional IRA (“Equity”) as to the summons and FAC. On 12/12/14, default was entered as to Equity. On 3/5/15, a c...

Excerpt: ...bers 19, 20 and 21. RFP Number 19: Requests a copy of the Trust of Richard M. Allen. Plaintiff's response was an objection based on invasion of privacy. JFK asserts that as Plaintiff has put her and the decedent's finances in question pertaining to the damages alleged, they are entitled to a copy of the trust to determine how Mr. Allen's assets were distributed at the time of his death. RFP Number 20: Requests a copy of the last will of decedent ...

Excerpt: ...ight of the significant number of administrative claims pending, the notice should expressly advise/warn those with administrative claims pending that if they wish to continue their administrative claim, they must exclude themselves from this class action and/or that if they do not exclude themselves they will lose the right to pursue their administrative claim. Plaintiffs shall submit a new proposed order with the revised forms attached and with...

Excerpt: ...dant Michael Cintas' 2nd, 3rd, 7th, 8th and 14th affirmative defenses. A party may move for summary adjudication of one or more affirmative defenses if the party contends that there is no merit to the affirmative defenses as to any cause of action. (Code Civ Proc. § 437c(f)(1).) “A motion for summary adjudication shall be granted only if it completely disposes of … an affirmative defense.” (Id.) A party moving for summary adjudication bear...

Excerpt: ...taling $68,047.98. Plaintiff's counsel's declaration states that legal services in the amount of $42,912.50 were provided by the firm. In addition, Plaintiff seeks a lodestar enhancement of 1.5 for an additional $21,456.25 in fees, for a total award request of $64,368.75. In the billing summary attached to the declaration it reflects various hour billing rates of $200.00, $225.00, $350.00, $375.00, $400.00 and $500.00 Ford Motor opposes the attor...

Excerpt: ...issues in the case. Further, Plaintiff has asserted a basis for deposing the MERS PMK. Plaintiff alleges the loan resulted from an illegal transaction in which Sea Breeze misrepresented it was the lender when the actual lender was the unlicensed Impac. Plaintiff asserts that this allegation leads to two issues: (1) that MERS was not identified as a beneficiary in violation of California law (10 CCR §1406(b)); and (2) who owns the loan and contra...

Excerpt: ...ges that on 07/29/2015, she injured her ankle when she stepped into an uncovered, unmarked hole while walking her dog at Lake La Quinta. Plaintiff filed this action against the Association and O'Connell Landscape Maintenance, Inc. and later by Doe Amendment named Desert Resort Management, Inc., claiming that Defendants failed to maintain the premises where the incident occurred. The Association filed the subject cross‐complaint for express inde...

Excerpt: ...orney's failure to file a claim constitutes excusable neglect under Government Code section 946.6 excusing the claim presentation requirement under sections 905 and 945.4. Defendant Mount San Jacinto Winter Park Authority demurs to Plaintiff Paula Nuno's Amended First Amended Complaint on the grounds that the complaint fails to allege compliance with the government claims presentation requirement of Government Code sections 905 et seq. Government...

Excerpt: ...raneous time records, does not indicate whether such records were kept, and does not offer any explanation of why those records were not kept. Alternatively, it does not offer a detailed description of the date, nature, and time incurred to perform legal services. b. It does not comply with section H.3.b. 2. The declaration of Beaman does not comply with the CMO#2. a. It does not comply with section H.3.a. Although she admits to having such time ...

Excerpt: ... whether this Court can issue monetary sanctions for, as the Court referred to in its prior tentative ruling, “fees…incurred in the bankruptcy proceeding.” As explained more fully below, after considering the parties' supplemental briefs, the Court concludes that it does have the power to issue the requested sanctions, that the 21‐day “safe harbor” provision does not apply, but that the requested sanctions are not warranted. The Court...

Excerpt: ...lass of persons is made up by all licensed EMTs in the state. It potentially could be even a larger class of persons including all professionally licensed employees. While only a small number of EMTs are disciplined through the administrative hearing process each year, the benefit is available to all licensed EMTs. Cullen incurred significant attorneys' fees in vindicating this important right, and he had no financial gain in pursuing writ relief...

Excerpt: ...hwith. GRANT motion for attorney's fees of $29,730.00 and costs of $3,678.76 for a total award of $33,408.76. After almost two years of litigation, the parties resolved this case via an offer to compromise in the amount of $32,500.00 by Defendant Ford Motor, which was accepted by Plaintiffs. Plaintiffs now move the court for an award of attorney's fees and costs totaling $48,273.76. Plaintiffs' counsel's declaration states that legal services in ...