Excerpt: ...14/23, and filed a late claim on 7/24/23. They inadvertently missed the deadline as counsel mistakenly filed the claim with the City of Riverside rather than the City of Beaumont. Respondents oppose. The court continued this hearing for further briefing on 1/25/24 after review of Petitioner's initial petition and reply; and Respondent's opposition and objections to the declarations filed in reply. In supplemental opposition, Respondents conte...

Excerpt: ...ffice manager. The complaint sets forth claims for breach of contract and common counts based upon a written contract for collection services (the “Contract”). Plaintiff seeks $5,828.02 in alleged unpaid fees. The Contract includes a forum selection clause requiring that any dispute be litigated in Superior Court of California for Los Angeles County, Riverside County or Orange County. Defendant now moves to dismiss for lack of personal jurisd...

Excerpt: ...ified in the requests, deeming any such requests as admitted, and establishing the genuineness of any document. Here, Plaintiff served Requests for Admissions (Set One) on Defendant MARILYN V SAINZ via mail on October 31, 2023. Defendant MARILYN V SAINZ response to Requests for Admissions (Set One) was, therefore, due on or before December 5, 2023. According to Plaintiff's attorney's declaration, on December 7, 2023, a meet and confer letter was...

Excerpt: ...ceived to date. The proofs of service filed December 18, 2023 indicate that the Defendants were personally served with the summons and complaint, Notice of Application and Hearing, and a copy of the application and any affidavit in support thereof as required by California Code of Civil Procedure, section 512.030. California Code of Civil Procedure, section 512.060(a) requires that the Court issue a writ of possession where both of the following...

Excerpt: ... basis, Defendant argues in very short measure that the court does not have personal jurisdiction and that the forum selection provision does not amount to a consent to personal jurisdiction and is otherwise unenforceable. Defendant further argues that service of the complaint was improper. In opposition, Plaintiff argues that there are sufficient contacts with California and that Defendant consented to litigate any dispute in California. Plainti...

Excerpt: ...a, California and on August 24, 2023, Defendants "failed to comply with the terms and conditions of the written inspection agreement," and he was damaged. In their demurrer, Defendants argue there was a misjoinder of parties because Juan and Alex are not parties to the contract, and therefore not proper parties to the action. Defendants also argue Plaintiff fails to sufficiently state his claim for breach of contract because he does not allege: (...

Excerpt: ...ication for conflict of interest based on a prior (successive) or current representation. (Lynn v. George (2017) 15 Cal.App.5th 530, 537.) Generally, the moving party must have or must have had an attorney-client relationship with the attorney. (Great Lakes Construction, Inc. v. Burman (2010) 186 cal.App.4th 1347, 1356; Dino v. Pelayo (2006) 145 cal.App.4th 347, 352; Cornish v. superior court (1989) 209 Cal.App.3d 467, 478.) Some courts, however,...

Excerpt: ...ses of action for breach of contract, common count, claim and delivery, conversion, possession of personal property and declaratory relief. Defendant failed to respond, and a default judgment was entered on May 5, 2021. An amended judgment was entered on September 14, 2022 in the amount of $24,111.25 ("Judgment"). An abstract of judgment was issued on November 1, 2022 and a writ of execution on February 16, 2023. Plaintiff contends the Judgment w...

Excerpt: ... We-ngarten, 6.) It does not appear counsel made any attempt to reach Defendant by telephone or in person to meet and confer in accordance with CCP S 439(a). Accordingly, the hearing on the motion for judgment on the pleadings is continued for 45 days. Plaintiff is ordered to serve an amended notice of hearing on Defendant by mail at the address reflected in the answer and to file an appropriate proof of service. Plaintiff is further ordered to m...

Excerpt: ... a matter of days in bringing her payments current. She claims that she contacted Plaintiffs and made several efforts to cure this shortfall but that Plaintiff erred in refusing to grant her any opportunity to cure. Once Defendant was refused the opportunity to cure, further attempts at negotiation and communicaton appeared futile and Defendant deemed Plaintiffs to be in violation of the terms of the settlement agreement and so she stopped her ef...

Excerpt: ...ersuasion, so the burden shifts to Defendant to show there remain triable issues of material fact. In response, Defendant asserts there are triable issues of material fact regarding whether a contract was formed based on an alleged lack of consideration and does not raise any other grounds for his opposition. First, Defendant's Answer, of which the court may take judicial notice, does not raise lack of consideration as an affirmative defense. "La...

Excerpt: ...mages would appear to fall within Claimant's own knowledge – not Auto Club's. Claimant did not a
©ach the discovery responses showing what informa
Ÿon is within Auto Club or Visessung's knowledge or otherwise explain what possible informa
Ÿon Visessung can provide as to her own damages. Claimant fails to explain why Vissessung's deposi
Ÿon is necessary or why she needs to determine the sources of responses and, notably, Claimant does not co...

Excerpt: ... p. 3 [emphasis in the original].) There is nothing in the Contract that indicates Miller was intended to be or agreed to be a party to the Contract. Further, while Plaintiff indicates Miller initialed the contract approving Paragraph 28 [PERSONAL GURANTOR], Miller did not execute the Contract as a personal guarantor — indeed, the signature block for the personal guarantee is entirely blank. Moreover, Plaintiff concedes Miller is a resident of ...