Excerpt: ...”) is for breach of contract and negligence and arises out of Defendants' alleged failure to develop a website for Plaintiff pursuant to the parties' contract. The demurrer is based upon the grounds that each cause of action fails to state facts sufficient to constitute a cause of action. For the following reasons, the demurrer is sustained with leave thirty (30) days' leave to amend. Plaintiff has failed to plead the breach of any specific con...

Excerpt: ... filings of CMC statement and notice of rulings, which do not require filing fees. Plaintiff infers that the “court filings” fees were attorney service fees. The “court filings” entry is not itemized in the Memo of Costs, so it is impossible to determine what portion of the claimed costs were for filing fees, and what portion were for attorney service fees. Defendant should have itemized these costs ($419.75) because costs for attorney se...

Excerpt: ...r punitive damages claim or entitlement to attorney's fees based upon elder abuse . Plaintiff may seek punitive damages for “oppression, fraud or malice” by the defendant. CC § 3294(a). “Malice” means conduct intended by the defendant to cause 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. CC § 3294(c)(1). While the underlying c...

Excerpt: ...rm Plaintiff that included a document entitled “CourtCall Appearance” and then appeared in court, in pro per, on the date set forth in the email from Plaintiff, 03/29/2018. Prior to that date, Defendant paid his first appearance fee and filed two “declarations.” Defendant states that he believed these declarations were appropriate responses. Aliaopoulios Decl. ¶¶ 2‐3. The motion is based upon the grounds that the default was entered a...

Excerpt: ...40.00, to be paid within thirty (30) days of the date of the hearing on this motion. Plaintiffs are to give notice pursuant to CCP 1019.5, forthwith. The only remaining issue is a further response to interrogatory 12.6 which seeks information regarding any “report” of the incident, defined as "the series of burglaries committed by then‐employee of Las Colinas Senior Apartments Jerod Nielsen, between approximately December 2015 and Febru...

Excerpt: ...uire that Martec purchase all of Mr. Mangano's interests…in the company for the Put Purchase Price and that "[u]nder Section 21.14 Mr. Dolemo: (i) has direct guaranty obligations of (y) $2,350.00 of the Put Purchase Price until such time as there is a disposition of the Indio Property and (z) the entire Put Purchase Price of$4,700,000 at all times thereafter disposed of in any fashion…" FAC, ¶¶ 13, 16. Plaintiff further alleges that...

Excerpt: ...(2) Conversion; (3) Intentional Infliction of Emotional Distress (“IIED”); (4) Negligence; (5) Negligent Supervision/Failure to Warn; (6) Negligent Hiring/Retention; (7) IIED, (8) Negligent Infliction of Emotional Distress (“NIED”) and (9) Financial Elder Abuse is based upon allegations that Plaintiffs entered into separate, yet identical, Lease Agreements (Agreement). FAC, ¶¶ 15‐17; Exhs. A‐C; that Defendants hired Defendant, Jarod...

Excerpt: ...ns, is appropriate and reasonable in the amount of $600 (2 hours at $300/hour) plus $60 filing fee. 2. RIC1711304 PETERSEN VS RANCHO SPRINGS MOTION TO/FOR AN ORDER ESTABLISHING ADMISSIONS BY PHILIP SIMMONS M.D., SOUTH WEST HEALTHCARE SYSTEM Tentative Ruling: Granted as to sanctions otherwise denied. Responses were served prior to the hearing that substantially comply with the requirements of CCP2033.220. Sanctions are mandatory under CCP 2033.280...

Excerpt: ...pletion of the Project and promptly apply the Construction Fund to the payment of vouchers to be issued and signed by Contractor and/or Owner, of such costs as are properly allocated to the construction of said Project and such payments to be made in accordance with the terms and conditions of the Construction Agreement and the Construction Loan Agreement.”], emphasis added.) Alternatively, even if defendant met the initial burden, there are tr...

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: ...costs memo on the grounds that because the complaint is still pending against Cross‐Defendants The Yardley Protected Limited Partnership and Sohail Ahman, and Cross Defendants have not apportioned the costs incurred among the Cross‐Defendants no costs can yet be awarded. Page 2 of 4 For the following reasons, the motion is denied: Costs are only being claimed on behalf of Sanin and Desert Gate Real Estate. Cross‐Defendants filed two costs m...

Excerpt: ...s for admissibility of the statements in, and exhibits attached to, Flores' declaration. Flores states that he is employed by Plaintiff in its Collection Department and has “personal knowledge of the manner in which Plaintiff's account records relating to the matter herein are compiled,” and that he has “custody and control of the business file and records relating to the account of the Defendants.” (Flores Dec., ¶¶ 1, 2.). However, Flo...

Excerpt: ... Pro, Inc. demur to the 1st – 6 th causes of action in Plaintiff Dade Shields' First Amended Complaint (“FAC”) on the grounds they failed to Page 2 of 4 state sufficient facts to state a cause of action against Defendant Goldenvoice, LLC (1st , 2 nd, 3rd, 4th, 5th, and 6th causes of action) and Defendant Staff Pro, Inc. (4th , 5 th and 6th causes of action). The FAC alleges Staff Pro and Does 1‐40 were the agents or employees of Goldenvoi...

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: ...econd Amended Complaint (“SAC”) that deletes the gross negligence, negligent infliction of emotional distress and intentional infliction of emotional distress causes of action, adds certain factual allegations, and names as The Roundtable Franchise Corporation as a defendant. For the following reasons the motion is granted: Plaintiff was genuinely unaware of The Roundtable Franchise Corporation's liability. The only issue on this motion is wh...

Excerpt: ...a, who has a contract with the River Estates HOA, from “performing landscaping and weed abatement services without a valid C‐27 Contractor's license…” McAndrew holds a C‐27 license. For the following reasons, the motion is denied: McAndrews has not demonstrated a possibility of prevailing. Most injunction motions require the court to balance (1) the harm to plaintiff if the injunction does not issue with, (2) the harm to defendant if th...

Excerpt: ...t discrimination case, the employer, as the moving party, has the initial burden to present admissible evidence showing either that one or more elements of plaintiff's prima facie case is lacking or that the adverse employment action was based upon legitimate, nondiscriminatory factors.” (Hicks v. KNTV Television, Inc. (2008) 160 Cal.App.4th 994, 1003.) “If the employer meets its initial burden in this manner, the plaintiff then has the b...

Excerpt: ...an injury of sufficient magnitude to reasonably assure the relevant facts and issues will be adequately presented.” (City of Irvine v. Irvine Citizens Against Overdevelopment (1994) 25 Cal.App.4th 868, 874.) Where a party is trying to stop enforcement of a state law, he/she must show the invasion of a legally protected interest that is: concrete and particularized; and actual or imminent. (Cornelius v. Los Angeles County Metropolitan Transp. Au...

Excerpt: ...is client's advanced age and lack of mobility there is a strong likelihood that Bud would not survive an additional six months. Plaintiff moves the court for trial preference based on his age and health conditions. Code of Civil Procedure section 36(a) provides that a party who is over 70 years of age may petition the court for preference, “which the court shall grant if the court makes both of the following findings: (1) The party has a substa...

Excerpt: ......

Excerpt: ...r setting aside a default. [Citation.]' ” (Purdum v. Holmes (2010) 187 Cal.App.4th 916, 922.) Defendant Waters and defendant County of Riverside shall file a response to the Complaint within 30 days. ...

Excerpt: ...f a mistaken fact material to its failure to timely respond. However, monetary sanctions shall be imposed against Defendant and its attorney of record in the amount of $1,590. Prevailing party to give notice. ...

Excerpt: ......

Excerpt: ...uling on a motion to strike, the allegations in the complaint are considered in context and presumed to be true. (Clauson v. Sup. Ct. (Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255.) The same liberal policy regarding amendment of pleadings applies as on sustaining demurrers. Therefore, as long as the defect is correctible, an amended pleading will usually be allowed. (Code Civ. Proc. § 576; Grieves v. Sup. Ct. (Fox) (1984) 157 Cal.App.3...

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: ...�3, where one person, employed by a lender but authorized by MERS, signed the assignment and substitution. Here, O'Connell was designated as a signing officer for MERS. (Dec.O'Connell, ¶9, Ex. “4”, Corp. Resolution.) The Bogosian Court noted that no legal authority was presented prohibiting such an arrangement. (Id.) Here, Plaintiff does not challenge this arrangement. In addition, Plaintiff agreed to allow MERS to act as the nominee accordi...

Excerpt: ...t to be heard on 6/28/17. The motion was continued to 7/5/17. On 7/5/17 it was continued again to 7/10/17. On 7/10/17 the Court heard the matter and on its own motion continued the hearing to 9/18/17 and ordered the parties to submit briefs. The Court also granted the motion to stay discovery served on Richard Meaney. The Court continued the motion pertaining to whether or not Meaney could propound discovery. On 9/18/17 the Court continued the he...

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: ...d after being modified to correspond with the Court's ruling. Defendant Textron, Inc. is to give notice pursuant to CCP 1019.5, forthwith. Defendants Textron Inc. and Textron Specialized Vehicles Inc. move the court to compel further responses to Special Interrogatories, Set Two No. 16, and to order sanctions in the amount of $4,980.99. Responses to interrogatories are to be “as complete and straightforward as the information reasonably availab...

Excerpt: ... time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” A review of the attorney's fees billed reflect that they were reasonable and necessary. Plaintiff asserts that a multiplier should be awarded when the lodestar amount is low. Plaintiff alleges that her lodestar fees of $13,232.50 are low for the amount of work completed and the successful set...

Excerpt: ... the personal guaranty of this lease (this issue will be discussed below), Plaintiff does not allege that Kallman is a party to the written lease agreement and Kallman did not execute the lease on his own personal behalf (he signed it as Chase's secretary). A cause of action for breach of contract cause of action requires a contract between the parties, plaintiff's performance or excuse of performance, breach by the defendant and damages. Oasis W...

Excerpt: ...t. In response, Plaintiff filed a First Amended Complaint, presumably in reliance on CCP 472. However, Defendant elected her right, pursuant to CCP 430.30(c), to concurrently file an answer and a demurrer; thereby cutting off Plaintiff's right to file a FAC. The Court on its own strikes the improperly filed FAC. The Plaintiff filed an opposition on 6/15/18. The Court continues the hearing on this matter in order to allow Defendant to file a reply...

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

Excerpt: ...acts upon which the injunction was granted, that the law upon which the injunction was granted has changed, or that the ends of justice would be served by the dissolution. “A preliminary injunction is a provisional remedy, and the trial court possesses the inherent power to modify its preliminary injunction which is of a continuing or executor nature. (Huntingdon Life Sciences, Inc. v. Stop Huntingdon Animal Cruelty USA, Inc. (2005) 129 Cal. Ap...

Excerpt: ...takes notice of the filing of the items but not their contents. In this unlawful detainer matter, Plaintiff, The Bank of New York Trust Co., NA (“Plaintiff”), is the owner of the property in question (1850 State St. in Corona. This is the third attempt to evict defendant Ernesto Daniel Gyurec (“Defendant”), the prior owner of the property at issue. Plaintiff served a notice to quit on June 14, 2017. Defendant has allegedly failed to vacat...

Excerpt: ...e Court reflects that Jeff Wallin, a nonregistered process server, personally served Defendant JinyIng Xie on 1/11/18 at 79151 Starlight Ln., Bermuda Dunes. Defendant asserts that the PoS was not signed by Jeffrey Wallin and therefore there was no valid service and service should be quashed. Further, the motion states that Defendant Jinying Xie was not personally served as reflected in the PoS. The motion asserts that Jeffery Wallin is Defendant'...

Excerpt: ...ow Cause hearing is scheduled for 8:30 a.m., 09/14/18, in Department PS1. Plaintiff is to give notice pursuant to CCP 1019.5, forthwith. Plaintiff seeks an order striking Defendant's answer because Defendant, a corporation, is no longer represented by counsel. On 03/23/2018 the Court granted Defendant's Attorney's motion to be relieved as counsel. Although it has capacity to sue and defend, a corporation is not a natural person, and therefore can...

Excerpt: ...inue the trial date was granted on April 26, 2018 with the court noting that “defense is opposed to re‐opening discovery at this time.” The Ex Parte Application did not request that discovery be reopened. The April 26, 2018 Minute Order did not set forth a ruling on reopening discovery. Therefore the request to reopen may be considered on its merits. After the filing of the motion, the parties agreed to and scheduled a deposition for Marc C...

Excerpt: ...ern title to and partition of the subject real property. Statutory provisions authorizing attorney fees to the “prevailing party” are not subject to the definition of “prevailing party” in the general costs statute, CCP § 1032, or CC § 1717. Galan v. Wolfriver Holding Corp. (2000) 80 CA4th 1124, 1128‐1129. Normally, the prevailing party is the one in whose favor a net judgment is entered. See Smith v. Rae‐ Venter Law Group (2002) 29...

Excerpt: ... J. Bankard and IE Business Solutions Foreclosures are to prepare a proposed order and give notice pursuant to CCP 1019.5, forthwith. Defendants move to expunge the lis pendens on the grounds that Plainitiffs cannot establish the probable validity of their real property claim. The lis pendens claimant (plaintiff) bears the burden of establishing the existence of a “real property claim” and that it is “probably valid.” CCP § 405.32. “�...

Excerpt: ...ic interrogatory is improper. The causes of action cover actions over a significant period of time. Under C.C.P. §2030.030, a propounding party is limited to 35 special interrogatories, unless he or she has provided a declaration in compliance with C.C.P. §2030.050. The declaration must indicate more interrogatories are needed based on one or more of the following grounds: the complexity of the case, depositions would be too financial burdensom...

Excerpt: ... granted. Page 2 of 4 The request for judicial notice filed by Cooper on 6‐1‐18 is denied. The motion for leave to intervene by filing the proposed complaint in intervention lodged on 4‐19‐18 is granted, provided that (1) it is amended to state the correct court and case number and the current name of the corporate defendant, and (2) it is filed and served no later than June 22, 2018. Prosecution of that complaint in intervention is staye...

Excerpt: ...itations for fraud is three years. Cansino, supra, 224 Cal.App.4th at 1472. The statute of limitations for conversion is three years. Creditors Collection Service v. Castaldi (1995) 38 Cal.App.4th 1039, 1043. The statute of limitations for violation of Business & Professions Code §17200 is four years. Business & Professions Code §17208. At the latest, the statute of limitations in this matter would begin to run in 2012. This lawsuit was filed i...

Excerpt: ...scriminatory practices. (Gov. Code § 12965(c); Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 211.) The Supreme Court noted that “proof of an adverse employment decision was substantially motivated by discrimination may warrant a judicial declaration of employer wrongdoing. Declaratory relief, where appropriate, may serve to reaffirm the plaintiff's equal standing among her coworkers and community, and to condemn discrimination employme...

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: ...eave to file its Answer. Counsel states that it was his mistake that the Answer was not filed within the 5 day period. Upon realizing his mistake, he states that he attempted to file an Answer on 2/26/18, but it was rejected by the court because another default had been taken by Scarcello. Thereafter, counsel states that he attempted to get Scarcello to consent to a stipulation to set aside the second default. Scarcello's counsel stated that stip...

Excerpt: ...ronic service of the document is not authorized unless a party or other person has agreed to accept electronic service in that specific action or the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d). While CCP § 1010.6(d) allows the court to adopt local rules requiring electronic filing and service and Local Rule 3118 makes “electronic filing” mandatory, filing is currently ...

Excerpt: ...when it denied the first motion: a. This motion fails to comply with §E.6.c, regarding how the payments to the named plaintiffs were calculated. b. This motion violates §E.8.a of the CMO by failing to state whether counsel has informed any of aggrieved employees about the lawsuit. c. This motion violates § E.8.b of the CMO, by proposing that the action would be dismissed with prejudice. Page 2 of 5 d. This motion violates §E.9 by purporting t...

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...