Excerpt: ...5, forthwith. There is no provision in the CCP 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 introduction of legal theories without notice to opposing counsel and the court...

Excerpt: ... This complaint for (1) trade libel, (2) tortious interference with business relations, (3) trespass to chattels and (4) conspiracy is based upon allegations that Defendant Melissa Swauger who is involved in a contentious dissolution with Jonathan Swauger, principal of Plaintiff JLS Development Group, Inc., and her parents, Defendants Michael and Cathleen Marmon, have taken actions with the express purpose of ruining JLS and attempting to force J...

Excerpt: ...FPs (Set 1) as to RFP Nos. 28, 29, 30, 31, 32, 34, 40, 41, 42 and 43. The Court denies the motion to produce the Person Most Knowledgeable (“PMK”) for deposition. The Court grants the motion to compel responses to PMK RFP Nos. 6, 7, 8, 14, 15, 16, 17, 18, 19 and 20. In addition, the Court grants the request for sanctions in the amount of $1,150.00 related to the motion to compel production of RFPs related to PMK. Defendant SB Hospitality Palm...

Excerpt: ... was timely served as Proof of Service (“PoS”) says that it was “caused to be delivered by courier,” but there is no PoS signed by the courier reflecting when, or if, it was served. Defendant RMRC Owners' Association, Inc. moves the court for an award of attorney's fees and costs as the prevailing party of an anti‐SLAPP motion. RMRC seeks $46,337.73 for attorney's fees plus $916 in costs. Plaintiff John Glatz (“Glatz”) filed his com...

Excerpt: ...de 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 introduction of legal th...

Excerpt: ...son and Palm Drive Investments, LLC's Complaint on the grounds that Plaintiffs lack the capacity to sue; there is a defect of parties; and that the complaint fails to state a cause of action and/or is uncertain and cannot be maintained as a matter of law. Plaintiffs Adrian Pinson (“Pinson”) and Palm Drive Investments, LLC (“Palm Drive”) filed their complaint against Defendant Wilson Johnson Commercial Real Estate, Inc. (“Wilson”) alle...

Excerpt: ...per separate statement of undisputed facts with references to supporting evidence in support of her argument that there remain triable issues of fact as to the 7th – 10th causes of action. No additional briefing will be accepted from Plaintiff. The separate statement is to be filed and served no later than 08/15/18. Defendant will be afforded a meaningful opportunity to respond to the separate statement. The Defendants' response is to be filed ...

Excerpt: ...o state sufficient facts to state a cause of action and/or is uncertain. On April 6, 2018 this Court heard the demurrer to the Fourth Amended Complaint and sustained with leave to amend as to the 1st, 3rd and 4th causes of action for 1) Breach of Contract, 3) Fraud, and 4) Negligent Misrepresentation. Thereafter, VM Residential, LLC filed a Fifth Amended Complaint (“FAC”) alleging a single cause of action for Breach of Contract. The single ca...

Excerpt: ...his complaint. Plaintiff states he seeks leave to add a new cause of action to specifically address Defendant's turning off his electricity in order to get him to move. The new cause of action is not based on new facts, but rather based on a different statute—Civil Code section 789.3. Civil Code section 789.3(a) provides that “[a] landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, how...

Excerpt: ...h. Defendants Torres Martinez Tribal TANF, Thomas Tortez, Desiree Franco and Mary Resvaloso move the court to quash the service of summons on the grounds of lack of subject matter jurisdiction on the basis of sovereign immunity and exclusive tribal jurisdiction. Plaintiffs James Cisneros and Karen Lake's Complaint alleges 7 causes of action for wrongful discharge and employment discrimination allegations as well as IIED and Negligence. The Compla...

Excerpt: ...Balis moves the Court to enforce the settlement of the parties entered on the record before this Court, pursuant to Code of Civil Procedure section 664.6. In addition, Balis seeks $10,590 in attorney's fees and costs pursuant to Code of Civil Procedure sections 128(a) and 128.5. Defendant Gregg Balis (“Balis”) asserts that the parties participated in court assisted mediation and reached a settlement agreement of the entirety of the case, whic...

Excerpt: ... his face and one hand and was taken to Eisenhower where it was discovered that had dementia. Based upon his injuries and dementia it was decided that upon he discharge he should transferred to a rehabilitation facility; that he was transferred to Defendant CNRC's facility they were advised that McGihon needed a 1 on 1 sitter provided 24/7 to avoid risk of falling. Two days after being admitted McGihon wandered out of his room and fell near the n...

Excerpt: ...meets the following requirements: (1) a “claim for money ... based upon a contract, express or implied”; (2) of a “fixed or readily ascertainable amount not less than $500”; (3) that is either unsecured or secured by personal property; and (4) that is a commercial claim. (Code Civ. Proc. § 483.010; Goldstein v. Barak Const. (2008) 164 Cal.App.4th 845, 852.) To obtain a right to attach order, the plaintiff has the burden of proving (1) th...

Excerpt: ...rious 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 introduction of legal theories without notice to opposing counsel and the court." (Weil & Brown, par. 9:105.10 citing Sexton v. Sup. Ct. (1997) 58 Cal.App.4th 1403, 1410.) Sexton referenced L...

Excerpt: ...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 introduction of legal theories without notice to opposing counsel and the court." (Weil & Brown, par. 9:105.10 citing Sexton v. Sup...

Excerpt: ...n is to give notice pursuant to CCP 1019.5, forthwith. Defendant Robert Bryan moves the court for an order compelling plaintiff to attend a deposition and for sanctions of $728.30. A review of the motion supports granting the unopposed motion. There is no provision in the CCP 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 o...

Excerpt: ...e pursuant to CCP 1019.5, forthwith. Page 4 of 6 Defendants Michael and Cathleen Marmon demur to the 1st, 2nd and 4th causes of action in Plaintiff JLS Development Group, Inc.'s Complaint on the grounds they fail to state facts sufficient to constitute a cause of against them and/or are uncertain. Plaintiff JLS Development Group, Inc. alleges as follows: Defendant Melissa Swauger enlisted the help of her parents Defendants Michael and Cathleen Ma...

Excerpt: ...uger enlisted the help of her parents Defendants Michael and Cathleen Marmon involving her contentious dissolution with Jonathan Swauger, principal of JLS Development Group, Inc. Melissa and her parents have taken actions with the express purpose of ruining JLS and attempting to force Jonathan into settling the divorce on terms favorable to Melissa. Michael and Cathleen aided and assisted Melissa in her attempts to harass and discredit JLS by als...

Excerpt: ...ican Contractors Indemnity Company, and Western Surety Company (the “moving parties”) in the amount of $4,140.00, to be paid to counsel for the moving parties within thirty (30) days of the hearing on this motion. The requested further responses to Interrogatories and Requests for Admissions are to be served within thirty (30) days of the hearing on this motion. The request for the appointment of a discovery referee is denied. The Trial Setti...

Excerpt: ...nes' First Amended Complaint (“FAC”) alleges a single negligence cause of action against Defendant Clubcorp Mission Hills Country Club, Inc., dba Mission Hills Country Club arising out of a trip and fall injury she sustained on April 10, 2015, on tennis court number 7, which was allegedly uneven and unsafe. Jones filed her complaint on 11/15/17 after the running of the two‐year statute of limitations for negligence. However, her FAC alleges...

Excerpt: ...erty Mutual Fire Insurance Company arising out of a trip and fall injury she sustained on 4/10/15, on tennis court number 7, which was allegedly uneven and unsafe. Jones filed her complaint on 11/15/17 after the running of the two‐year statute of limitations for negligence. However, her FAC alleges that Clubcorp's insurer Liberty Mutual (to whom Clubcorp directed Jones to contact about her claims) affirmatively misled her into believing that th...

Excerpt: ... of less than Page 3 of 4 14 days is enforceable against homeowners who, like Romano, purchased their property before enactment of the subject provision. Plaintiff is informed and believes, and thereon alleges, that at the time Plaintiff purchased the property, the CC&Rs provided, under section 5.3.18, that ''[t]he owner of each condominium shall have the right to lease or rent his condominium..." As of the filing of this Complaint, t...

Excerpt: ... 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 introduction of legal theories without notice to opposing counsel and the court." Weil & Brown, par. 9:105.10 citing Sexton v. Sup. Ct. (1997) 58 Cal.App.4th 1403, 1410. S...

Excerpt: ... medical negligence. 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).) 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 that cause of a...

Excerpt: ...nary injunction may issue: “When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual.” The purpose of a preliminary injunction is to preserve the status quo until a final determination of a cause of a...