Excerpt: ...onference in this matter is continued from 06/26/18 to 8:30 a.m., 09/19/18, in Department PS1. Plaintiffs are to give notice pursuant to CCP 1019.5, forthwith. Page 3 of 5 This action arises out Plaintiff Todd Rainey's default on his home loan. The original complaint asserted pre‐foreclosure claims based upon Defendants alleged failure to comply with certain statutory requirements for non‐judicial foreclosure, breach of the covenant of good f...

Excerpt: ..., based on the stipulation of the parties, the punitive damages allegation was stricken from the complaint. On 5/10/17 Diaz filed her Answer. On 3/12/18, Janis deposed Diaz. Janis now alleges that the newly discovered facts from that deposition support a claim for punitive damages and an allegation of gross negligence. Janis now seeks leave to amend her complaint to allege these allegations. Plaintiff Stephanie Janis moves the court for leave to ...

Excerpt: ...1019.5, forthwith. /// /// Page 3 of 3 Applicants Mike Pike, Sandy Palmer and Mike McCarty assert that pursuant to Avondale Homeowners Association's (“HOA”) Bylaws it is to hold its regular annual meeting for the primary purpose of electing directors every February. HOA has historically held the annual February meeting, except in 2018. HOA has yet to hold its required 2018 annual meeting and the HOA has a deadlocked four‐person Board unable...

Excerpt: ...indicated that Plaintiff could file a regularly noticed motion within 10 days to address the issues raised by the Court pertaining to the motion's untimeliness. This motion was filed 5/15/18. Page 2 of 4 A trial setting conference is set for 8/7/18, so there is no current trial date set in this case. Plaintiff Sean Oliver moves the court to reopen discovery to allow the court the ability to hear his motion to withdraw admissions. On motion of any...

Excerpt: ...tion the court for preference, “which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc. § 36(a)(1)‐(2).); Code Civ. Proc. § 36(f).) Pursuant to Code of Civil Procedure section 36.5 “An affidavit submitt...

Excerpt: ...es for “oppression, fraud or malice” by the defendant. (Civ. Code § 3294(a)). “Malice” means conduct intended by the defendant to cause Page 4 of 4 injury to the plaintiff or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others. (Civ. Code § 3294(c)(1).) While the underlying claims may be generally alleged, specific factual allegations are required to support a ...

Excerpt: ...allegedly making deliveries on behalf of a Round Table Pizza franchise, D & N Pizza, that he coowned and operated with his wife, Defendant Nancy Sonneborn. The motion is based upon the grounds that there is no triable issue of fact that the Round Table Defendants are not liable. For the following reasons, the motion should be denied. D & N Pizza has failed to show that there is no triable issue of fact that it is not liable. The moving party bear...

Excerpt: ...is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This action for: (1) intentional interference with prospective economic advantage, (2) negligent interference with prospective economic advantage, and (3) violation of Business and Professions Code section 17200 is based upon allegations that Defendant Environmental Water Management, Inc. Plaintiff Juan Cortez, dba Environmental Rebuild's competitor, sought to dispar...

Excerpt: ... is awarded its costs and reasonable attorneys' fees incurred for filing the response to the notice of errata and for the time and work involved in connection with this motion. The amount of costs and fees to be awarded are to be determined after a hearing pursuant to a motion to be filed by Defendant Ross. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. On 2/8/18, Plaintiffs filed a “Notice of Errata�...

Excerpt: ...a and Hayday Farms, Inc., which alleges that HayDx and Hayday entered into a written Asset Purchase Agreement that provided for the sale to HayDx by Hayday of most of Hayday's assets, including all of the equipment and other tangible assets used by Hayday in conducting its hay processing and sales business. Some of the equipment subject to the purchase agreement was taken by Hayday for its own use and pledged as collateral by Hayday for loans to ...

Excerpt: ...with. Plaintiff Thomas Tedesco seeks an order (1) perpetuating testimony pursuant to Code of Civil Procedure sections 2036.010 et seq., 2035.010 and (2) designating depositions as “Former Testimony” Pursuant to Evidence Code sections 1290, 1291 and 1292. For the following reasons, the motion is denied: Neither section 2036.010 nor section 2035.010 applies. These sections allow for discovery where it would otherwise be prohibited. Section 2036...

Excerpt: ...reasons stated, be presented. A party opposing a motion for summary judgment or adjudication is entitled to a continuance where it shows “that facts essential to justify opposition may exist but cannot, for reasons stated be presented…” (Code Civ. Proc. § 437c(h).) This First Amended Complaint (“FAC”) is for: (1) breach of contract and (2) declaratory relief raises. Romano has filed a motion for summary adjudication of the 2nd cause of...

Excerpt: ...ohnson, Magnesia Falls Plaza, LLC, and Michelle Davidson are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This complaint for breach of contract, fraud and breach of fiduciary duty is based upon Defendant's alleged misrepresentations regarding capital contributions to the subject partnership and falsification of partnership books and records. The motion is based upon the grounds that complaint does not contain a re...

Excerpt: ...LC is entitled to inspect the cart. Defendant Club Car, LLC (“Defendant”) seeks an order permitting visual inspection and non‐ destructive testing of the subject golf cart. Plaintiffs claim that Defendant has already conducted an inspection. This argument has no merit. Plaintiffs did allow Defendant access to the cart before this action was filed. However, the fact that Plaintiffs allowed Defendant access Page 2 of 2 to the cart before this...

Excerpt: ...l Procedure section 1019.5, forthwith. The gravamen of this complaint for: (1) quiet title, (2) violations of Business and Professions Code section 17200, (3) fraud, (4) breach of contract–renovation contract, (5) breach of contract‐quitclaim of property, (6) specific performance, (7) negligence, and (8) declaratory relief is that Defendants took advantage of Plaintiff's mental disability—bi‐polar disorder—by demanding full payment unde...

Excerpt: ...is directed at written discovery requests. It appears, that those requests have been provided. In his reply, Plaintiff shifts to a different topic, a recent PMK deposition in which Plaintiff complains that Defendant's PMK may not be the PMK for certain issues and that the PMK failed to produce certain categories of documents that were requested to be produced at the deposition. The PMK deposition is not, however, the subject of this motion ...

Excerpt: ...sanctions are awarded. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This is an employment harassment suit by Plaintiff Melissa Guzman against her prior employer Renaissance Hotel Management Company, LLC (“Marriott”). As part of Guzman's discovery process she served Requests for Production of Documents. She moves the court to compel further responses to RFPs No. 78 and 79 seeking access to certain ...

Excerpt: ...e deposition went forward on May 1, 2018, but asserts that the Person Most Knowledgeable (“PMK”) failed to produce records requested by Plaintiffs which were identified by Mr. Cho and that Mr. Cho admitted that he had not searched for certain categories of documents. However, the reply states that the deposition of the PMK remains open subject to the production of additional documents and subject to the identification of some other individual...

Excerpt: ...ay or needless increase in the cost of litigation or that Wesco's claims and other legal contentions are not warranted by existing law or by a nonfrivolous argument for the extension or change in existing law. An attorney or unrepresented party who presents a pleading, motion or similar paper to the court makes an implied “certification” as to its legal and factual merit; and is subject to sanctions for violation of this certification. (Code ...

Excerpt: ...longer resides. Section 410.50, subdivision (a) provides in part, “A general appearance by a party is equivalent to personal service of summons on such party.” “The Courts of Appeal have described the scope of actions in the litigation process which constitute a general appearance as follows: A general appearance occurs where a party, either directly or through counsel, participates in an action in some manner which recognizes the authority...

Excerpt: ...e of court. (Code Civ. Proc. § 2030.310(a).) The motion to withdraw admissions is denied for being untimely. A motion for relief from admissions is a discovery motion which must be filed at least 15 days prior to the initial trial date, unless the party has first filed a motion to have his discovery motion heard after the discovery motion cutoff, which Plaintiff has not done. The Court notes that the evidentiary objections and request for discov...

Excerpt: ...d herein. No Sanctions are awarded. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Defendant O & M asserts as an affirmative defense, the defense of unclean hands on the grounds that Plaintiff City of Palm Springs selectively chose only to initiate a Government Code section1090 action involving the Prairie Schooner property at issue in this case and not any of the other potential projects/contracts that...

Excerpt: ...aint alleges that Defendant Tribbett attacked Santighian, kicking, punching and knocking him unconscious resulting in injury. Santighian asserts that his health supports a granting of this motion. In support of his motion, Santighian filed the declaration of his attorney that states that he has reviewed Santighian's medical records related to two surgeries, since 2011, to remove colon cancer and has been assessed as a high fall risk due to both h...

Excerpt: ...ccessfully challenged the City's failure to consider and act on Page 4 of 7 its Application for Class 1 Historic Site Designation of the Schwartz Residence. Foundation asserts that its suit against City was the catalyst for City acting on the Application that was ultimately approved unanimously by the Palm Springs City Council. Foundation further alleges that as a result, Foundation conferred a significant benefit on the public generally and the ...

Excerpt: ...egligence, (2) assault and battery, (3) false arrest, (4) false imprisonment and (5) emotional distress arises out of Plaintiff Tamara Pytel's arrest by Defendant RCSO Nelson while Plaintiff was at home. Plaintiff alleges that she was falsely arrested for being under the influence of an illegal stimulant while she was experiencing withdrawal symptoms caused by not taking her prescription medication for depression and anxiety; that she was transpo...