Excerpt: ...R.S. v. Superior Court, supra, 172 Cal. App. 4th at 1056.) The Juvenile Court previously determined that Defendants could use the subject juvenile case files to defend this litigation. ...

Excerpt: ...as discussed at the hearing, that the Court's concern was the necessity of a receivership and whether there is need for determination of the motion for reconsideration in light of the Stipulation and Order filed on 1‐16‐18, paragraph 4: “A City inspection of the Respondent's property on August 15, 2017 revealed that Respondent had sufficiently abated all of the violations identified in the City's Petition and Motion for Appointment of the R...

Excerpt: ...chael's admissions against other parties. While it is possible that there is insufficient evidence for seeking damages in excess of an owner's liability, the issue is not decided since this is a MSJ and not a MSAI. Motion for Summary Judgment denied. ...

Excerpt: ... adjudication denied as to punitive damages. Plaintiffs Tracy Randall, Jamie Macknicki, Andrea Mills and Denise Pierce filed a complaint on 9/30/16 alleging 6 causes of action against Defendants Cambria Company, LLC and Karen Alciatore for: 1) Retaliation in Violation of Government Code section 12940(h), 2) Hostile Work Environment Harassment in Violation of Government Code section 12940(j), 3) Associational Harassment in Violation of Government ...

Excerpt: ...served on 11/18/17. Defendants served their responses on 12/28/17, more than 30 days after the responses were due. Thus, all objections to the Demands for Production were waived by Defendants. (CCP § 2031.300(a).) Plaintiff's Separate Statements indicate that Demand Numbers 2 ‐ 15 and 18 ‐ 21 contained objections. As such, Defendants are Ordered to provide further responses without objections to these Demands within 20 days. Defendants' resp...

Excerpt: ...urance committees and by counsel. Evidence Code section 1157, 1157.6 and attorney client/work product privileges protect from discovery. ...

Excerpt: ...re material and relevant to the case. There appears to be no dispute that Plaintiff has an extensive medical history, some of which may be relevant to her claims of injury. While Plaintiff may not have been required to meet and confer before bringing the present motion, Plaintiff notably provided no guidance to the Defendants or to the court with regard to the injuries for which Plaintiff actually seeks to recover. On or about 2‐19‐18, Plaint...

Excerpt: ...to advance an interest that it and defendant Chambless shared in securing legal advice on a common matter. (OXY Resources California LLC v. Superior Court (2004) 115 Cal.App.4th 874.) The further responses of defendant Chambless shall be served on or before April 30, 2018. No sanctions are awarded in this discovery dispute in which plaintiff Daly and defendant Chambless both acted with substantial justification. The Court will complete and file t...

Excerpt: ... of 2 The Supplemental Declaration filed by Plaintiff on April 4, 2018 and by Defendant Jayco, Inc. (Jayco) on April 5, 2018 were not considered on ground of their lack of timeliness. There is no dispute that the warranty included an Indiana State choice of forum provision because manufacturer Jayco, Inc. is located there. The relevant issues here is whether the provision should or should not be enforced because defendants waited too long to enfo...

Excerpt: ...nd 3) fraud. Plaintiffs' thereafter filed a First Amended Complaint (“FAC”) asserting five causes of action against Defendant Benjamin Sullivan (“Sullivan”) alleging five causes of action for: 1) breach of contract, 2) negligence, 3) negligent misrepresentation, 4) negligent supervision, and 5) return of funds violation of Business and Professions Code section 7031. As to Defendant Benjamin Sullivan the FAC asserts that he is the owner of...

Excerpt: ...hedral City Police Department via the School's Resource Officers. Case Number 1604C‐3145 reflects the contents of the police investigation based on those reports. On November 22, 2017, Plaintiffs issued a SDT requesting the documents relating to the police investigation. In response the police department responded that the documents were exempt form disclosure pursuant to Welfare and Institutions Code section 15633. In response, Plaintiffs E.G....

Excerpt: ...tion as the City's PMQ on a mutually agreeable date no later than April 30, 2018. If the City chooses to produce only Mr. Smith, he shall come prepared with all information reasonably available to him on the topics in the deposition notice to which the defendant did not object. The City shall pay to plaintiffs monetary sanctions in the sum of $3,290. In addition, the City shall bear the cost of court reporter and videographer for the renewed PMQ ...

Excerpt: ...he Fourth Amended Complaint (“FAC”) alleges four causes of action as follows: 1) Breach of Contract, 2) Breach of Contract, 3) Fraud, and 4) Negligent Misrepresentation. The FAC was filed 7/10/14. On 11/19/14, Plaintiff filed a proof of service reflecting personal service on 11/11/14 on Equity Trust Company FBO Scott McKhann Traditional IRA (“Equity”) as to the summons and FAC. On 12/12/14, default was entered as to Equity. On 3/5/15, a c...

Excerpt: ... Robinson because the facts in Robinson were extreme, unlike the facts here. This argument fails because it was not the extremity of the facts upon which the Robinson court based that part of its opinion that addressed the setting of the hearing date. In fact, the relevant facts here are not as favorable to Defendants as they claim and are more similar to those in Robinson than they are dissimilar. Most notably, if the court were to find good cau...

Excerpt: ...ges that on 07/29/2015, she injured her ankle when she stepped into an uncovered, unmarked hole while walking her dog at Lake La Quinta. Plaintiff filed this action against the Association and O'Connell Landscape Maintenance, Inc. and later by Doe Amendment named Desert Resort Management, Inc., claiming that Defendants failed to maintain the premises where the incident occurred. The Association filed the subject cross‐complaint for express inde...

Excerpt: ...issues in the case. Further, Plaintiff has asserted a basis for deposing the MERS PMK. Plaintiff alleges the loan resulted from an illegal transaction in which Sea Breeze misrepresented it was the lender when the actual lender was the unlicensed Impac. Plaintiff asserts that this allegation leads to two issues: (1) that MERS was not identified as a beneficiary in violation of California law (10 CCR §1406(b)); and (2) who owns the loan and contra...

Excerpt: ...ight of the significant number of administrative claims pending, the notice should expressly advise/warn those with administrative claims pending that if they wish to continue their administrative claim, they must exclude themselves from this class action and/or that if they do not exclude themselves they will lose the right to pursue their administrative claim. Plaintiffs shall submit a new proposed order with the revised forms attached and with...

Excerpt: ...dant Michael Cintas' 2nd, 3rd, 7th, 8th and 14th affirmative defenses. A party may move for summary adjudication of one or more affirmative defenses if the party contends that there is no merit to the affirmative defenses as to any cause of action. (Code Civ Proc. § 437c(f)(1).) “A motion for summary adjudication shall be granted only if it completely disposes of … an affirmative defense.” (Id.) A party moving for summary adjudication bear...

Excerpt: ...bers 19, 20 and 21. RFP Number 19: Requests a copy of the Trust of Richard M. Allen. Plaintiff's response was an objection based on invasion of privacy. JFK asserts that as Plaintiff has put her and the decedent's finances in question pertaining to the damages alleged, they are entitled to a copy of the trust to determine how Mr. Allen's assets were distributed at the time of his death. RFP Number 20: Requests a copy of the last will of decedent ...

Excerpt: ...taling $68,047.98. Plaintiff's counsel's declaration states that legal services in the amount of $42,912.50 were provided by the firm. In addition, Plaintiff seeks a lodestar enhancement of 1.5 for an additional $21,456.25 in fees, for a total award request of $64,368.75. In the billing summary attached to the declaration it reflects various hour billing rates of $200.00, $225.00, $350.00, $375.00, $400.00 and $500.00 Ford Motor opposes the attor...

Excerpt: ...lass of persons is made up by all licensed EMTs in the state. It potentially could be even a larger class of persons including all professionally licensed employees. While only a small number of EMTs are disciplined through the administrative hearing process each year, the benefit is available to all licensed EMTs. Cullen incurred significant attorneys' fees in vindicating this important right, and he had no financial gain in pursuing writ relief...

Excerpt: ... whether this Court can issue monetary sanctions for, as the Court referred to in its prior tentative ruling, “fees…incurred in the bankruptcy proceeding.” As explained more fully below, after considering the parties' supplemental briefs, the Court concludes that it does have the power to issue the requested sanctions, that the 21‐day “safe harbor” provision does not apply, but that the requested sanctions are not warranted. The Court...

Excerpt: ...raneous time records, does not indicate whether such records were kept, and does not offer any explanation of why those records were not kept. Alternatively, it does not offer a detailed description of the date, nature, and time incurred to perform legal services. b. It does not comply with section H.3.b. 2. The declaration of Beaman does not comply with the CMO#2. a. It does not comply with section H.3.a. Although she admits to having such time ...

Excerpt: ...hwith. GRANT motion for attorney's fees of $29,730.00 and costs of $3,678.76 for a total award of $33,408.76. After almost two years of litigation, the parties resolved this case via an offer to compromise in the amount of $32,500.00 by Defendant Ford Motor, which was accepted by Plaintiffs. Plaintiffs now move the court for an award of attorney's fees and costs totaling $48,273.76. Plaintiffs' counsel's declaration states that legal services in ...

Excerpt: ...orney's failure to file a claim constitutes excusable neglect under Government Code section 946.6 excusing the claim presentation requirement under sections 905 and 945.4. Defendant Mount San Jacinto Winter Park Authority demurs to Plaintiff Paula Nuno's Amended First Amended Complaint on the grounds that the complaint fails to allege compliance with the government claims presentation requirement of Government Code sections 905 et seq. Government...