Excerpt: ...operty. (SAC, ¶¶2‐8.) The SAC alleges that Plaintiffs submitted a loan modification application, which Ocwen received on 10/23/13, and denied. (SAC ¶9.) The SAC alleges that Ocwen denied a second loan modification made on 10/28/14 without proper review. (SAC ¶¶25‐26.) Substantively, this claim is properly alleged. 2COA (UCL): OVERRULED. The SAC alleges that Ocwen informed Plaintiffs that they were approved for a short sale settlement off...

Excerpt: ...st in the Property, (ii) the date I pay the entire Interest Bearing Principal Balance, or (iii) the Maturity Date.” (Home Affordable Modification Agreement § (3)(d).) It provides: “[t]hat all terms and provisions of the Loan Documents, except as expressly modified by this Agreement, remain in full force and effect; nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the obligation...

Excerpt: ...btedly be helpful and necessary to assess the causes of action. Further, the records do not belong to the defendants. The information sought is not Wenda King's personal information. The Exxon Mobil records sought are again not Wenda King's but the decedent's. The time period sought is narrowly tailored. The importance of these records is to one again provide insight into Plaintiff's anticipated inheritance and defendants' actions in connection w...

Excerpt: ...ation of the latter's legal duties, the question remains: what legal duties springing from what contract term? 4COA (Harrassment): For failure to state sufficient facts to the cause of action. Plaintiff provides two instances of conduct to support this theory: first, the disease comment, and second the thong comment. However, these are not enough to establish a pattern of harassment. 5 COA (Harrassment): For failure to state sufficient facts to t...

Excerpt: ...tcy court's ruling on the homestead exemption. (FAC ¶54‐56.) That fails to demonstrate an inadequate price. Based on the granted RJN, in fact the records indicate that Plaintiffs' listed the property as worth $683,680 (RJN, Ex 4) in the bankruptcy court and the property was sold for $775,742.30 (RJN Ex. 7). So there is no evidence that the price was grossly inadequate or that the Defendant took undue advantage of the property. ...

Excerpt: ...lkin's Declaration, ¶6.) He contends that said lines are indicative of a preexisting fracture. (Id.) The x‐ray also revealed that there was a pin in this tooth, which were popular in 1980s and 90s, but have fallen out of favor because they have been found to induce fractures in teeth. (Id.) Plaintiff's expert states that it is his opinion based upon a reasonable degree of medical probability, that as of February 29, 2016, Plaintiff had a pre�...

Excerpt: ...s were stolen. The formation of Advantage is relevant. Further, the privacy concerns raised by the moving party as to No. 3 are outweighed by the importance and relevance of the information. The requesting party is not seeking financial information but rather information as to who owns the company from the onset and afterwards. This information is needed to access the information as to how Advantage was formed and if there was improper informatio...

Excerpt: ... state the responses are true and correct. Therefore, Defendant is to provide further CCP complaint verifications for all discovery. Sanctions as to All Motions: Denied. With the mixed results on the Motions, a reasonable dispute arose not warranting sanctions. The parties did not satisfactorily meet and confer which would have helped reduce the issues or eliminate them all together. 17.1 Granted with Responses due in 30 days. 3. MCC1701229 BROWN...

Excerpt: ...‐open her case. (AR 70‐ 71). At this hearing, the Petitioner did appear and Petitioner's request to re‐open was denied. (AR 77‐ 79). Petitioner filed an appeal of that denial. Respondent affirmed the ALJ's decision. (AR 92‐101). The appropriate standard for the court's review of the administrative record for denial of unemployment insurance benefits is the independent judgment test. (MacGregor v. Unemployment Ins. Appeals Bd. (1984) 37 ...

Excerpt: ...tion and therefore a reasonable time spent on the case. In so doing, the court also considered the difficulty, the amount involved, the skill required, the skills and experience of the attorneys. This SongBeverly case does not appear any more or less complicated than similar actions. The concern with the hours is that 12 attorneys appear to have worked on this average case in this genre. That requires each time an attorney touches the case to get...

Excerpt: ...618, 620, are not sought to be struck. With a singular basis for the prayer surviving, there is no reason to engage in a line by line approach to the attorney's fees, the which could be properly brought posttrial for the first time any way ...

Excerpt: ......

Excerpt: ...tal recovery, nor the settlor's proportionate liability. As to the former issue of approximation of total recovery, there is no analysis in the moving papers or in the reply as to Plaintiffs' estimated recovery. The ultimate determinant of good faith is whether the settlement is grossly disproportionate to what a reasonable person at the time of settlement would estimate the settlor's liability to be.” (City of Grand Terrace v. Sup. Ct. (Boyter...

Excerpt: ...e statements. With the Complaint in that state, it becomes incumbent on the moving party to show that the locations of these statements were only from the courtroom. That failure of proof being the case, the first prong of the motion is not met. A defendant must show the conduct underlying the cause of action fits into one of those four categories. (Century 21 Chamberlain & Associates v. Haberman (2009) 173 Cal.App.4th 1, 7.) And, therefore, the ...

Excerpt: ...he moving party does not meet its burden because it fails to delineate facts to provide guidance. The facts are in the responsive pleadings. ...

Excerpt: ...notice as to the affirmative defenses. That each defense is not fact specifically pled is not a problem. The reality is that the concerns raised here as to the supporting facts are addressed in written discovery. ...

Excerpt: ...es in tort actions. The Attorney's Fees prayer portion of the motion fails because it is predicated on the CCP section 1021.5 surviving ...

Excerpt: ...l of the action. (Cal. Code Civ. Pro. §2024.020(a).) Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate to reopen discovery. (Cal. Code Civ. Pro. §2024.020(b).) The initial trial date was May 25, 2018. Accordingly, the discovery motion cut‐off date was May 10, 2018. Defendants' Motion for Order Compelling Further Responses to Interrogatories, Motion for Order Deeming Admitted Requests for ...

Excerpt: ...case tried before she is either incapacitated or worse. The request is reasonably made to set trial within six to nine months. ...

Excerpt: ...ot catch?” A further shortcoming in this area is that when the plaintiff is asked to make markings which attempted to clarify the situation, Plaintiff's counsel interposed a modification to the question, which made the marking unclear. Next, the photographs are not so demonstrative that one can say that there is a gradual lip. Differing minds can have different opinions of these photos. The court could have benefited from a model or cast of the...

Excerpt: ...is request. The costs of those motions were addressed at the time of those motions and could result in a windfall. Third, it is not abundantly clear why two attorneys were needed for this court trial. Finally, although the case on first review looks straight‐forward, much delay was caused by the defense which increased the overall expense of the litigation. Therefore, the court determines that a more reasonable amount of attorney's fees is $110...

Excerpt: ...t the none responding party of the possibilities of obtaining paralegal help as well as other avenues. Attorney Rasmussen further offered that if time was needed that he would agree to such. Instead, no responses were given. ...

Excerpt: ...rought this action (Deutsche Bank National Trust Company as Trustee for WAMU Mortgage Pass‐Through Certificates Series 2005‐AR2), and the name of the entity assigned the beneficial interests under BLYTHE's Note (Deutsche Bank, N.A. as trustee for WAMU 2005‐AR2). Plaintiff has failed to meet its burden that it (as it named itself when it filed this action) is entitled to the requested judgment of foreclosure, because it is not the entity tha...

Excerpt: ... to cause delay. See for support cases involving youth baseball teams: 1. C.H. v. Hemet Youth Baseball, RIC1512685, filed October 22, 2015. (RJN, Ex. 5.1) This case was dismissed on December 17, 2015 (Ex. 5.9.); 2. Hanna v. Ian Hall et al, U.S. Dist. Court Case No. 5:15‐mmc‐00009‐UA‐DBT, filed August 17, 2015 and dismissed on September 8, 2015d (Ex. 6.1); 3. Hanna v. Hemet Youth Baseball, RIC1513590, filed November 18, 2015 and dismissed ...

Excerpt: ...he fiduciary obligations—not contractual obligations. 2COA (Fraud): Plaintiff asserts that the Listing Agreement was only for one property and Defendants improperly added the second property, but yet, she was aware that she was selling both properties in the sale. (FAC ¶15‐16, 27.) It is unclear if Plaintiff only wanted to sell one property—which she is not yet asserting. 3COA (Implied Covenant): Again, the FAC merely pleads the conclusion...

Excerpt: ...ered analysis under CCP section 1161a. Although Malkoskie dealt with a stipulated judgment, the Court of Appeal did not cite that as a key fact in its holding. Rather, the Court wrote: [w]e therefore hold the unlawful detainer judgment has claim preclusive effect challenging the validity of … title.” Id. at 976. In the instant matter, the UD also necessarily addressed this same issue of title as it too was based on 1161a. Further, in the UD a...

Excerpt: ...ws that after the initial collision James Lee got out of the car. At which point, Lopez took off. James Lee had to get back into the car and catch up. A chase ensued during which the evidence shows that James Lee was driving too fast. In addition, James Lee had a duty not to engage in a chase. Having just been in a car accident with Lopez, how could James Lee not be thinking that Lopez could cause another crash especially when being chased? The c...

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

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: ... 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: ...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: ... 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: .... There are triable issues of fact as to all causes of action and issues. See Plaintiff's Separate Statement. Defendant has not met his burden to show he owed no duty to the decedent under all the circumstances presented which may include recommending the number and type of lifeguards for a possibly district student function. . (Dailey v. Los Angeles Unified School Dist. (1970) 2 Cal.3d 741, 747.) Further, there are material questions of fact reg...

Excerpt: ...of fact. Dr. Auerbach has submitted substantial evidence that he performed no dental work on plaintiff personally and never supervised or reviewed any such work and never met the plaintiff. The moving parties have submitted evidence that all work was performed by independent contractors who were licensed dentists. No evidence has been submitted that would make the corporation liable for the work of the independent contractors. Plaintiff has not s...

Excerpt: ... rights have been vested under the statute, a repeal of the statute without a saving's clause will terminate all pending actions based on the statute. Rakin v. Long Drug Stores California, Inc. (2009) 169 Cal.App.4th 1246, 1256. However, this cause of action may survive if the facts comply with CC2924.11(a). 2COA: Sufficient facts are alleged to contend that the single point of contact was not provided. 3COA: The facts here appear quite similar t...

Excerpt: ...equest to only claimants in California and that are within the Defendant's database is most reasonable. Sanctions are not awarded because the initial RFP was not so narrowly tailored as that which resulted from the meet and confer process. ...

Excerpt: ...pent on these particular motions and this case seems beyond reasonable when one returns to the subject matter of the litigation which, as far as the moving party, is a surrender of money with no claim. Also the number of attorneys working on the case seems high. However, to recognize the efforts of each attorney seems reasonable. Finally, the hourly rate seem reasonable. Therefore, the court reduces the fees to one‐half of the hours prayed for ...

Excerpt: ...ontract. Civil Code §1559 specifically allows a third party beneficiary to enforce the contract. 2COA (Elder Financial Abuse): The complaint only contains conclusory allegations. This COA requires factual allegations to support the assertions. Rice v. Clark (2002) 120 Cal.Rptr.2d 522, 527, as cited by the Plaintiff does not address pleading issues. 3COA (Fiduciary Duty): Plaintiffs fail to cite to any authority to support this assertion. 4COA (C...

Excerpt: ... this litigation is something that would never have been in FCA's control – an aftermarket alteration. Finally, DCH and Wells Fargo correctly assert that a good faith settlement does not preclude their statutory indemnity cause of action under Civil Code §1792. ...

Excerpt: ...gligence per se provides that the negligence of a person is presumed if he violated a statute or regulation of a public entity, if the plaintiff's injury resulted from an occurrence that the regulation was designed to prevent, and if the person injured was within the class for whose protection the regulation was adopted. See Evid. Code § 669; Elsworth v. Beech Aircraft Corp. (1984) 37 Cal.3d 540, 544‐45. Plaintiffs adequately plead that Defend...

Excerpt: ...The pleadings do not make clear what an “endorsement sheet” is. Without defining this term, this court could mistakenly order either more or less than requested. There is no way to know for certain. RFP 2 (“24 hour report”): DENIED. The court cannot order that which is not clearly and unambiguously defined. The pleadings do not make clear what a “24 hour report” is. Without defining this term, this court could mistakenly order either ...

Excerpt: .... §473(b) is not available. If this motion also sought to set aside default as to Fua and SAI, it is untimely too. This motion was filed approximately 10 months, nearly 300 days, after default was entered against Fua and SAI. ...

Excerpt: ...ailed to show how the financial records of the corporation have any relevance to this case given Plaintiff has only made a claim for personal lost earnings. The individual's information can be found elsewhere in this ruling. RFP 38, 39, 40, 42 and 45 is GRANTED. This information deals with the individual and is relevant. For example, any other monetary reimbursement from the corporation may be relevant to her claim of lost earnings, as she has ad...

Excerpt: ...See Undisputed Material Facts Nos. 10 and supporting evidence consisting of Exhibit 6 to plaintiffs' complaint, the declaration of Ron Nielson, ¶¶ 6‐9, and declaration of Kathleen Nielson, ¶ 6.) Even though the Moving Party claims that they were not managing the property, evidence to the contrary exists. For example, they submitted an invoice regarding charges pertaining to attorney services related to the conviction as well as management fe...

Excerpt: ....” (Vournas v. Fidelity National Title Insurance (1999) 73 Cal. App. 4th 668, 677.) “The scope and nature of the trustee's duties are exclusively defined by the deed of trust and the governing statutes. No other common law duties exist.” (Kachlon v. Markowitz (2008) 168 Cal. App. 4th 316, 335.) The trustee acts at the direction of the original beneficiary or its assignee or that entity's agent. (Yvanova v. New Century Mortgage Corp....

Excerpt: ...nd in Flatley v. Mauro (2006) 39 Cal.4th 299 and its progeny. These cases have not required the exchange of money for the COA of Extortion. IIED: The extortion facts presented are sufficient to support this cause of action as well. Litigation Privilege: This is not applicable when the communication is not made in good faith. Here, Defendants threatened to report Plaintiff to the IRS and seek administrative and/or criminal penalties unless he succ...

Excerpt: ...provided accommodation, and was fired because of the disability. ...