Excerpt: ...sagree with one another. Their opinions are supported by Plaintiff's medical records. Hence, there are disputed material facts as to whether defendant Dr. Ha's actions fell below the applicable standard of care and whether that alleged failure to meet the applicable standard of care caused or contributed to Plaintiff's injuries. Plaintiff presented evidence (response to Form Interrogatory 2.6) that defendant Dr. Ha was an employee of defendant Ri...

Excerpt: ...ndant Priamos' and defendant Thorson's requests to apportion the remaining costs are DENIED. Item 1e, 1f and 1h‐ Fees Related to Pro Hac Vice Applications: Plaintiff failed to demonstrate, discuss, or explain why the skill and expertise of an out of state attorney were reasonably necessary to the litigation. Item 16a,16c and 16g‐ Mileage to Appear for Hearings and Courtcall: Plaintiff claimed $177 in fees as mileage for its attorney to appear...

Excerpt: ...ned on a Motion for Judgment on the Pleadings. (The Court did note correspondence between Plaintiff and defendant Priamos concerning attorney's fees and that defendant Priamos filed the Motion to Dismiss after the correspondence.) A party who qualifies for a fee award should recover for all hours reasonably spent, including those spent on fee related matters unless special circumstances would render an award unjust. (Serrano v. Unruh (1982) 32 Ca...

Excerpt: ...rogatories 2 ‐ 15, 18 ‐ 20, 22 ‐ 25, 27 ‐ 28, and 31 ‐ 42. Sanctions in the amount of $100.00 are imposed against Plaintiff and shall be payable to Defendant within 30 days. Plaintiff's objections to the Special Interrogatories are largely without merit. With respect to each Special Interrogatory to which Plaintiff actually provided an answer in whole or part, the answer was preceded by the phrase, “to the extent it can be answered,�...

Excerpt: ... that the Opposition is untimely. The Court also notes that Defendant failed to comply with the meet and confer requirements under CCP § 435.5 prior to filing the motion. The hearing on the motion to strike was continued to 8:30 a.m. on April 20, 2018 in Department 7. Defendant is ordered to meet and confer with Plaintiff by phone or in person for the purpose of determining whether an agreement can be reached that would resolve the objections ra...

Excerpt: ...gatory to which Plaintiff actually provided an answer in whole or part, the answer was preceded by the phrase, “to the extent it can be answered,” which renders the response ambiguous, if not entirely meaningless. Plaintiff's responses must consist of answers or objections. (CCP § 2030.210(a).) A response stating an inability to respond is insufficient and legally invalid. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultant...

Excerpt: ... actually provided an answer in whole or part, the answer was preceded by the phrase, “to the extent it can be answered,” which renders the response ambiguous, if not entirely meaningless. Responses must consist of answers or objections. (CCP § 2030.210(a).) A response stating an inability to respond is insufficient and legally invalid. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 406.) F...

Excerpt: ...the end of defendant AMG Property Investment (causing it to be named as AMG Property Investments). Simply put, the service upon defendant AMG Property Investment was in substantial compliance with CCP §412.30. It gave actual notice to defendant AMG Property Investment that it was being sued and needed to defend the action. (Doctrine of “idem sonans”.) ...

Excerpt: ...rms, Inc. (9th Cir. 1987) 836 F.2d 1156, 1160 (interpreting FRCP 11). ...

Excerpt: ...tion 425.16(e)(1)(2)(4) because the Complaint concerns an underlying action between the parties, Hudack v. Siggard, et al., Riverside Superior Court Case No. RIC 450529. Plaintiff fails to meet his burden on the second prong of the analysis. Plaintiff presents no admissible evidence or argument that he has a reasonable probability of prevailing on his contention that the Judgment in Hudack v. Siggard, et al., is void despite the finality of the j...

Excerpt: ... Declaration. There is no indication that District Attorney Hestrin possesses personal knowledge related to any events or issues raised in the Complaint. Any information regarding the criminal investigation which is the subject of the Motion to Quash, including the interview by Detective David Smith of Defendant Rosie Quintana on or about December 11, 2016, is protected and beyond the scope of discovery. (Cal. Code Civ. Pro. § 1987.1(a); 2017.01...

Excerpt: ... the meet and confer Page 2 of 2 process, Defendant shall identify all of the specific causes of action that it believes are subject to Demurrer and identify with legal support the basis of the deficiencies. Plaintiff shall provide legal support for its position that the Third Amended Complaint is legally sufficient or, in the alternative, how it could be amended to cure any legal insufficiency. After meeting and conferring, defendant shall 10 da...

Excerpt: ...ubpoena were properly served. Plaintiffs'/judgment creditors' right to enforce the subject Judgment outweighs any privacy rights of defendant/judgment debtor, his spouse Christene Asbra, or CSJ Services, Inc. Additionally, Christene Asbra (defendant/judgment debtor's spouse) is subject to enforcement of the Judgment because community assets are subject to enforcement. ...

Excerpt: ...onsideration is whether the cause of action is based on the defendant's protected free speech or petitioning activity.” (Navellier v. Sletten, (2009) 29 Cal.4th 82, 89.) Whether the anti‐SLAPP statute applies is determined by the “principal thrust or gravamen” of plaintiff's claim; it cannot be invoked where the allegations of protected activity are only incidental to a cause of action based on nonprotected activity. (Martinez v. Metaboli...

Excerpt: ...uct defect actions and provides that where a purchaser's expectations are frustrated because the product purchased does not function properly, the party's remedy is under the contract alone. (Robinson Helicopter (2004) 34 Cal.4th 979, 988.) ...

Excerpt: ...USTAINED WITH LEAVE TO AMEND. The Demurrer to the seventh cause of action (undue duress) is SUSTAINED WITHOUT LEAVE TO AMEND because there is no recognized cause of action for undue duress. The Court rejects the arguments by defendant that: the litigation privilege bars the action; collateral estoppel bars the action; and, Bank of America is an indispensable party. ...

Excerpt: ... of the action yet fails to appear, unless he or she was prevented from participating in the action. (Kulchar v. Kulchar (1969) 1 Cal.3d 467, 472.) Moreover, the motion does not set forth the essential elements to obtain relief for extrinsic fraud/mistake. It does not Page 2 of 2 indicate: (1) a meritorious defense; (2) a satisfactory excuse for not presenting a defense to the demurrer; and (3) diligence in seeking to set aside the order once it ...

Excerpt: ..., she asked and received a two‐week extension to provide responses to the discovery at issue. She states that her practice was to confirm all said extensions by email. She declares that she forgot to send out the email confirming the extension. While Attorney Ahn cannot identify why she forgot to send the email, the Court rules that this is sufficient to support inadvertence or mistake. As such, the motion for relief under C.C.P. §§2030.290 a...

Excerpt: ...n for Violation of RFDCPA The transaction is alleged to be a car rental where, even though the vehicle was returned, Enterprise claims Plaintiff owes additional money. (FAC,¶15.) To the extent that Plaintiff obtained the vehicle on credit, this transaction fits within the RFDCPA definition. The FAC alleges that Defendant claims Plaintiff owes additional monies, which is a consumer debt. (FAC, ¶¶9, 15.) The FAC alleges that Defendant is engaged...