Excerpt: ...fessional negligence through the testimony of her two expert witnesses, Plaintiffs satisfy their burden in opposition to demonstrate the existence of triable issues of fact with respect to both the alleged breach of the standard of care and causation. Plaintiffs' expert, Jack Sills, M.D. is properly qualified and opines that the standard of care required that the twins be subject to parallel evaluations and antibiotic treatment and that if Joshua...

Excerpt: ...ners Association is to give notice pursuant to CCP 1019.5, forthwith. This court granted Defendant Tri Palms Unified's Motion to Strike pursuant to C.C.P. §425.16 (Anti‐SLAPP) and awarded it attorney's fees and costs of $35,225.77 on May 26, 2016. Additional fees were awarded to Tri Palms on July 27 2016 in the amount of $6,750 after the court heard and denied Plaintiff's Motion for Reconsideration of the Anti‐SLAPP motion. Tri Palm's total ...

Excerpt: ...derlying complaint is an interpleader action by SBS with named defendants Monica Carranza, County of Riverside Code Enforcement Department and Ford Motor Credit Company. The interpleader action is the result of a foreclosure that resulted in excess funds of $8,041.63 (less attorney's fees and costs). The Trustee's Sale Guaranty indicated that Carranza, County and/or Ford Motor may be “next in line” and entitled to a portion of the surplus fun...

Excerpt: ...rt construes the absence of a memorandum as an admission that the motion is not meritorious and good cause for the denial of the motion. (Rule 3.1113(a).) Page 2 of 2 The factual representations in the motion are not supported either by any declaration or other evidence or by any request for judicial notice. The absence of either demonstrates that the motion is meritless. The absence of both, coupled with the moving party's insistence on May 17, ...

Excerpt: ...ion is that Plaintiff's supervisor, Defendant Matt Juline, made sexual comments that were offensive and demeaning to Plaintiff, that AMC did nothing to stop Juline when made aware of his conduct and that AMC retaliated against Plaintiff when she complained. More specifically, Plaintiff alleges in some detail the graphic sexual remarks made by Juline in her presence; that when Plaintiff told Juline his comments were inappropriate, he told Plaintif...

Excerpt: ... not say that prosecutors are free of any limits on their financial conflicts of interest. To the contrary, the Court said: “We do not suggest . . . that the Due Process Clause imposes no limits on the partisanship of administrative prosecutors. Prosecutors are also public officials; they too must serve the public interest. [Citation.] In appropriate circumstances the Court has made clear that traditions of prosecutorial discretion do not immun...

Excerpt: ...aining Order was in place. Hence, Plaintiff County of Riverside established the operation of a cannabis business at the subject property, in violation of Riverside County Ordinance numbers 348 and 725. Operating or allowing the operation of a cannabis business or a marijuana dispensary is an illegal use of the subject property under the Riverside County Ordinance. The proposed Preliminary Injunction prohibits defendants from operating or allowing...

Excerpt: ...right to exercise an option to renew a commercial lease between International Apparel and Accessories, Inc. (IAAA) (which entity was subsequently stricken from the complaint on 6/29/17 because Plaintiff Paige Linn, president of IAA opted to pursue the matter in pro per without counsel and could not represent the interest of the corporation as she is not a licensed attorney) and Defendant Heidi Hustedt. In addition, the prior pleadings arose out o...

Excerpt: ... Moving party to give notice. 42 U.S.C. § 1395x, 45 CFR § 164.512 and Cal. Civ. Code § 56.10 are completely inapplicable to Defendant. The definition of “provider of services” under 42 U.S.C. § 1395x applies for purposes of payments to physicians and funds of medical schools. The restricted disclosures under HIPAA, 45 C.F.R. § 164.512, apply only to “covered entities” which include 1) health plans; 2) health care clearinghouses; and ...

Excerpt: ... agency knew or should have known of the existence of this case before April 24, 2018, and the agency's commitment that it will be prepared to participate in trial without any continuance, intervention is appropriate ...

Excerpt: ...618, 620, are not sought to be struck. With a singular basis for the prayer surviving, there is no reason to engage in a line by line approach to the attorney's fees, the which could be properly brought posttrial for the first time any way ...

Excerpt: ...n an ordinary negligence case. Evans v. Hood Corp. (2016) 5 Cal.App.5th 1022, 1050. “With respect to professionals, their specialized education and training do not serve to impose an increased duty of care but rather are considered additional ‘circumstances' relevant to an overall assessment of what constitutes ‘ordinary prudence' in a particular situation. . . Since the standard of care remains constant in terms of ‘ordinary prudence,' i...

Excerpt: ...n 473, subdivision (b). A second declaration was filed and served on June 22, 2018, but that declaration is disregarded because it was served less than 16 court days before the hearing. ...

Excerpt: ...eanne Foxx, D&R Foxx, Inc., and Sterling Ridge Lot 1, LLC. After dismissing the 2nd and 9th causes of action, the complaint now alleges 13 causes of action for: 1) Breach of Contract, 3) Declaratory Relief, 4) Breach of Fiduciary Duty, 5) Constructive Trust, 6) Conversion, 7) Unjust Enrichment, 8) Injunctive Relief, 10) Intentional Interference with Contractual Relations, 11) Intentional Interference with Contractual Relations, 12) Aiding and Abe...

Excerpt: ...mandate, denial. (See Mills v. U.S. Bank (2008) 166 C.A.4th 871, 893; Neary v. Regents of University of California (1986) 185 Cal.App.3d 1136, 1145.) Plaintiff's substantive opposition shows that Plaintiff is aware of both the items in dispute and the nature of the dispute. Plaintiff's substantive arguments in opposition are not persuasive. For example, despite providing an answer to special interrogatory No. 2, Plaintiff now claims that this int...

Excerpt: ...eir health is “such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc. § 36(a), (c)(2).) (Emphasis added.) Trial priority is not mandatory and absolute merely because one of the parties is age 70. The court has discretion to determine the extent of that party's interest and find as a matter of fact the risk posed of that party's death or incapacity if trial is delayed. ...

Excerpt: ...hin: 75 miles from their residence; or, at the option of the deposing party, in the county where the action is pending at a place within 150 miles of the deponent's residence. (Code Civ. Proc. § 2025.250(a).) However, for “good cause shown,” the court can make whatever orders are appropriate to protect any party from “undue burden and expense.” (Code Civ. Proc. § 2025.420(b).) More specifically, the Discovery Act provides: “The co...

Excerpt: ...related cases described in the declaration of Wall? 2. Is the execution date on the declaration of Wall accurate? 3. Why no notice of related case has been filed in this case regarding RIC1809267 or in Martinez Rodriguez concerning this case? 4. ¶ 11 of the order, at lines 20‐23: The Court will not speculate as to whether statements made in the Agreement might be relevant in some other proceeding between other parties, and will not decide what...

Excerpt: ... to state fact sufficient to state a cause of action and each is uncertain (except for the 3rd cause of action). To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc. § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proo...

Excerpt: ...ties regarding new service of the Summons, Complaint, etc., on Defendant. In that event, no personal appearances will be necessary at the hearing. The Court does not rule on whether service was proper. It finds that Defendant is entitled to relief under CCP §473.5. Service of the summons on Defendant, if any, did not result in actual notice to Defendant in time to defend the action. Moreover, the Judgment is void. Plaintiffs served the Statement...

Excerpt: ...be excusable, i.e., relief must be granted even where the default resulted from inexcusable neglect by the defendant's attorney. (Standard Microsystems Corp. v. Winbond Electronics Corp. (2009) 179 Cal.App.4th 868, 897.) GRANT $1,000 sanctions—the Law Office of Charlene Baillie shall be ordered to pay $1,000 in sanctions to Plaintiff within 30 days. (CCP § 473(b) and 473(c)(1).). Moving party to give notice. Counsel for defendant, Charlene Bai...

Excerpt: ...te discovery. See Weil & Brown, ¶ 8:1804.5. The trial court, rather than a referee, should hear discovery disputes whose outcome may affect the rights of other parties. The court is best able to identify such parties and ensure they receive adequate notice and protection. Taggares v. Sup.Ct. (Mitchell) (1998) 62 Cal.App.4th 94, 106. Arguments regarding the length of Tom Tedesco's deposition are premature. Plaintiff states that his questioning wi...

Excerpt: ..., 50, 51, 53, 54, 55, 57, 58, 59, 61, 62, 63, 65, 66, 67, 69, 70, 71, 73, 74, 75, 77, 78, 79, 81, 82, 83, 85, 86, 87, 89, 90, 91, 93, 94, and 95. Form Interrogatories: GRANT motion to compel further responses to Form Interrogatory Nos. 9.2, 17.1(d), 50.5, and 50.6. Requests for Production (“RFP”): GRANT motion to compel further responses to RFP Nos. 1‐ 58, 63, 70 and 71. Request for Admissions (“RFA”): GRANT motion to compel further res...

Excerpt: ...he FAC. 2. The agreement provides for the entry of judgment that would purport to bind all aggrieved employees. The parties rely on the Supreme Court's statement that “the judgment in [a PAGA action brought by an aggrieved employee] is binding not only on the named employee plaintiff but also on government agencies and any aggrieved employee not a party to the proceeding.” (Arias v. Superior Court (2009) 46 Cal.4th 969, 985.) However, as expl...

Excerpt: ......

Excerpt: ...ective order is not sufficiently narrow. In its current form, the phrase “or any of the subject matter contained therein” includes the bank account event. (Proposed Order filed 5/10/18.) Therefore, the protective order is granted as to the TRO declaration itself and facts concerning Burkholder's intimate sexual relations with her ex‐husband as well as issues of domestic violence and medical issues, which shall be protected in the context of...

Excerpt: ...te discovery. See Weil & Brown, ¶ 8:1804.5. The trial court, rather than a referee, should hear discovery disputes whose outcome may affect the rights of other parties. The court is best able to identify such parties and ensure they receive adequate notice and protection. Taggares v. Sup.Ct. (Mitchell) (1998) 62 Cal.App.4th 94, 106. Arguments regarding the length of Tom Tedesco's deposition are premature. Plaintiff states that his questioning wi...

Excerpt: ...ubpoena on the Department of Social Services for the following documents: “All unredacted incident reports, accident reports and unusual incident reports produced by Brookdale Rancho Mirage between the dates of March 1, 2015 and April 1, 2017.” Defendants seek an order quashing the subpoena on the grounds that disclosure would violate third‐party privacy rights, the confidentiality of reports of elder abuse pursuant to Welfare and Instituti...

Excerpt: ...proving that 420 and AMG violated municipal ordinance and have created a public nuisance, there is a presumption of public harm and the City need not produce evidence of harm. Neither of the Defendants Page 2 of 2 presented evidence of harm to rebut this presumption. Defendants cannot establish that they will suffer harm if prevented from operating or permitting an unlawful marijuana dispensary in violation of local ordinances. ...

Excerpt: ...tal recovery, nor the settlor's proportionate liability. As to the former issue of approximation of total recovery, there is no analysis in the moving papers or in the reply as to Plaintiffs' estimated recovery. The ultimate determinant of good faith is whether the settlement is grossly disproportionate to what a reasonable person at the time of settlement would estimate the settlor's liability to be.” (City of Grand Terrace v. Sup. Ct. (Boyter...

Excerpt: ...reen Co. demurs to the 1st and 2nd causes of action in Plaintiffs' Complaint for medical negligence and Loss of Consortium. Walgreen demurs to the consortium cause of action (2nd) on the grounds that they fail to state facts sufficient to constitute causes of action and demurs to the medical negligence cause of action (1st) on the grounds it fails to state sufficient facts to state a cause of action and/or is uncertain and/or fails for failure to...

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: .../Cross Defendant Joanna Lents demurred to the Second Amended Cross‐Complaint (“SACC”) of Blake Dunlap, an individual and as Executor of the Estate of Jerry Dunlap. The demurrer was based on the grounds that each cause of action failed to state facts sufficient to constitute a cause of action; that Dunlap individually and as Executor of the Estate did not have the legal capacity to sue; there is a defect or misjoinder of parties in the fourt...

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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ......

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...�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: ...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: ...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: ...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: ...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: ...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: ...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: ...dramatically windy day and was significantly injured when a tree fell on the golf cart he was riding in and later died four days later after he underwent surgery related to the injuries. The allegations are that defendants were negligent in the maintenance of the golf resort, specifically failing to maintain the trees on the golf course and the failure to properly prune the trees. That defendants were aware that the trees were suffering from a la...

Excerpt: ...he fiduciary obligations—not contractual obligations. 2COA (Fraud): Plaintiff asserts that the Listing Agreement was only for one property and Defendants improperly added the second property, but yet, she was aware that she was selling both properties in the sale. (FAC ¶15‐16, 27.) It is unclear if Plaintiff only wanted to sell one property—which she is not yet asserting. 3COA (Implied Covenant): Again, the FAC merely pleads the conclusion...

Excerpt: ...0(c) where the responses are untimely, as here. Appleton v. Superior Court (1988) 206 Cal. App. 3d. 632. An award of sanctions to moving party payable by Plaintiff Blake Peterson on all two motion, is appropriate and reasonable in the amount of $900 (2 hours at $300/hour) plus $120 filing fees. An award of sanctions to moving party payable by Eric Petersen on the motions, is also appropriate and reasonable in the amount of $780 (2 hours at $300/h...

Excerpt: ...en filed. That plaintiff's counsel was not working at his office and did not know that he had received the responses by the time that he filed his motion explains why the motion was filed, but does not change the fact that the motion to compel was no longer necessary. When plaintiff's counsel discovered that the responses had been received, he should have granted the defendant's request to withdraw the motion and to spare the defendant from the e...

Excerpt: ...ply are granted as to objections ## 4, 5, 15 & 16, but otherwise overruled. The motion for summary judgment is denied. The alternative motion for summary adjudication is denied. Analysis: Judicial notice: Judicial notice of the unrelated trial court rulings is denied because an isolated “trial court ruling has no precedential value.” (Santa Ana Hospital Medical Center v. Belshé (1997) 56 Cal.App.4th 819, 831.) Evidence: Facts asserted on inf...

Excerpt: ... medical negligence. Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code Civ. Proc. § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of a...

Excerpt: ...nary injunction may issue: “When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual.” The purpose of a preliminary injunction is to preserve the status quo until a final determination of a cause of a...

Excerpt: .... When an action is voluntarily dismissed, recovery of costs does not depend on an entry of judgment. (Fries v. Rite Aid Corp. (2009) 173 Cal.App.4th 182, 183.) As to Item 4 for deposition costs, the court has exercised its discretion and considered evidence submitted with the reply regarding the standard charge for the court reporter used by defendants for the deposition of plaintiff. Plaintiff sufficiently challenged the necessity for an expedi...

Excerpt: ...val of a proposed class action settlement were denied. The plaintiff reserved a hearing for a third motion for preliminary approval to be conducted on May 23, 2018. She filed the notice of motion on May 1, 2018. However, no other documents were filed in support of that motion except for a declaration from defendant's counsel filed May 3, 2018. The notice of motion refers to a memorandum of points and authorities, the settlement agreement, other u...

Excerpt: ...petitioner only requested a hearing date on 04/18/2018, almost two months after the last date to request a hearing date, after real party in interest filed its motion to dismiss. The motion is based upon the grounds that the failure to timely request a hearing date was the result of excusable neglect. For the following reasons, the motion is granted: The failure to timely request a hearing date was a result of excusable neglect. When a petition f...

Excerpt: ...element, the defendant must establish that plaintiff's claims fail as a matter of law. (Eriksson v. Nunnick (2011) 191 Cal.App.4th 826, 849.) To demonstrate that the plaintiff lacks evidence, the defendant must show that the plaintiff does not possess and cannot reasonably obtain needed evidence. (Aguilar v. Atlantic Richfield Company (2001) 25 Cal.4th 826, 855.) A defendant may not simply point to an absence of evidence, but must show that the p...

Excerpt: ...ws that after the initial collision James Lee got out of the car. At which point, Lopez took off. James Lee had to get back into the car and catch up. A chase ensued during which the evidence shows that James Lee was driving too fast. In addition, James Lee had a duty not to engage in a chase. Having just been in a car accident with Lopez, how could James Lee not be thinking that Lopez could cause another crash especially when being chased? The c...

Excerpt: ...by section I of the CMO#2, dated 6‐4‐18, one line for each requirement in each paragraph or sub‐paragraph. The other column shall describe – by document name and by page and line numbers ‐‐ where in the moving papers each requirement is satisfied. Analysis: The motion fails to comply with the case management order #1, filed 1‐19‐17, in at least the following respects:  Counsel's declaration fails to comply with §G.1.c., the po...

Excerpt: ...d must be based on a showing of mistake, inadvertence, surprise or excusable neglect. (Id.) The problem is that defense counsel is not taking the blame—he instead blames Plaintiff for bad faith tactics during settlement negotiations. Nor does Defendant provide a declaration from Defendant as to why it did not forward the complaint to its insurance carrier or failed to provide a response. However, Plaintiff did take default immediately without w...

Excerpt: ...d number 3 below, are competing motions, and are therefore, analyzed under the heading of the motion for reimbursement. Page 2 of 4 The court has reviewed the Supreme Court's decision in Associated Construction & Engineering Co. v. Workers' Comp. Appeals Bd. (1978) 22 Cal.3d 829, 832‐833 and finds it inapplicable because there is no evidence that the decedents' employer was negligent, so there is no need for an evidentiary hearing. As such, the...

Excerpt: ...ered analysis under CCP section 1161a. Although Malkoskie dealt with a stipulated judgment, the Court of Appeal did not cite that as a key fact in its holding. Rather, the Court wrote: [w]e therefore hold the unlawful detainer judgment has claim preclusive effect challenging the validity of … title.” Id. at 976. In the instant matter, the UD also necessarily addressed this same issue of title as it too was based on 1161a. Further, in the UD a...

Excerpt: ...walking along the dirt shoulder of a road. At the time, Labuen was making deliveries on behalf of a Round Table Pizza franchise, D & N Pizza, that he co‐owned and operated with his wife, Defendant Nancy Sonneborn. Labuen also named as Defendants Round Table Pizza, Inc. ("RTP") and Round Table Development Company ("RTDC") (collectively as "the Round Table Defendants"), alleging that the Round Table Defendants were vicario...

Excerpt: .... Analysis: By an order filed December 18, 2017, the Court preliminarily approved the settlement in this case. That order provided that the “Final Approval Hearing” would be conducted on May 20, 2018, at which the court would decide whether to grant final approval, and would also decide whether to grant any request for attorney's fees and costs, and for enhancements. The court's case management order provides at ¶ H.1 that, promptly after th...

Excerpt: ...e. In reviewing a disqualification motion, the court balances competing interests to ensure the parties are not denied substantial justice. (People ex rel. Dept. of Corps. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1144‐1145.) “Depending on the circumstances, ‘a disqualification motion may involve such considerations as a client's right to chosen counsel, an attorney's interest in representing a client, the financial burden...

Excerpt: ...deposition, as duly scheduled for April 11, 2018, at a conference room less than two miles from the dealership location. FCA US states it will make arrangements for the depositions of the dealership personnel, “so long as those depositions take place at the dealership.” Plaintiffs Doreen Kent and Donald Mead move the court to compel the deposition attendance and production of documents by FCA US LLC's Dealership personnel (PMQ, Technicians an...

Excerpt: ...ing party has met satisfied this requirement and the burden has been shifted to the Plaintiff to demonstrate the falsity of the purported agreement. (Condee, supra, 88 Cal.App.4th at 218‐219.) Plaintiff has not meet this burden. There is sufficient evidence of interstate commerce such that the FAA applies. Defendant provides the declaration of Carmen Lainez that it provides bail bonds to customers in California and out of state, including co‐...

Excerpt: ...of the requirements prescribed by section G of the CMO#1, filed 3‐17‐17, one line for each paragraph or sub‐paragraph. The column on the right shall describe – by document name, page, and line numbers ‐‐ where in the moving papers each requirement is satisfied. Analysis: The motion violates the Court's CMO. Specifically, it fails to comply with the following portions of section G of the order:  ¶ 1.f. re fee splitting agreements. ...