Excerpt: ...unsel at the time of the request which of the issues and/or causes of action discussed below will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** *** If oral argument is requested in an attempt to obtain leave to amend, plaintiffs shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to ...

Excerpt: ...sel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4). Factual Background This action was commenced in 2014 and alleges that the named defendants conspired with Steve Samra dba Steve Samra Farms (against whom plaintiff had previously obtained a judgment in 2010) to defraud plaintiff and hinder its collection of the 2010 judgment against Steve Samra. In November 2016 the parties to the present action entered into a stipulation wh...

Excerpt: ...ially filed an answer with a general denial and raising affirmative defenses but later responded to Plaintiff's requests for admissions and admitted all of the elements of Plaintiff's claim and that she had no defense to the complaint. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendan...

Excerpt: ...ary judgment may demonstrate that the plaintiff's cause of action has no merit and the defendant is entitled to judgment as a matter of law by showing that the plaintiff cannot establish one or more elements of the cause of action. (Code Civ. Proc., § 437c, subd. (p)(2); Wiener v. Southcoast Childcare Centers, Inc. (2004) 32 Cal.4th 1138, 1142.) This showing must be supported by admissible evidence, such as affidavits, declarations, admissio...

Excerpt: ...tee of the Ortiz Family Living Trust (erroneously sued as Ortiz Family Living Trust), Frank A. Wolfe as Trustee of the 2000 Wolfe Family Trust (erroneously sued as 2000 Wolfe Family Trust), Beverly A. Smallfield, and Stan Kurz' (collectively, “Defendants”) motion for summary judgment or, in the alternative, summary adjudication is ruled upon as follows. Although Defendants have not captioned this motion as a “renewed” motion for summary j...

Excerpt: ...and private, all of which is now viewable by the public. Should any party desire to limit the public's access to such medical and personal information, a motion to seal same should be filed promptly. This is a medical malpractice action against Dr. Kaplon, who now moves for summary judgment/adjudication on the grounds that he complied with the applicable standard of care and that plaintiff's malpractice claim is barred by the applicable statute o...

Excerpt: ...equired by the Court order. Defendant then moved for terminating sanctions. On November 16, 2018, the Court denied Defendant's unopposed request for terminating sanctions but imposed monetary sanctions in the amount of $775 and again ordered Plaintiff to appear for her deposition by December 21, 2018. The Court also warned Plaintiff that her failure to comply with the Court's orders could lead to terminating sanctions. Plaintiff again failed to a...

Excerpt: ...rors, and to vacate or amend judgments as the result of accident, surprise and excusable neglect on the part of the parties or their counsel. (Bastajian v. Brown (1941) 19 Cal.2d 209, 214.) It bears noting that this statutory authority codifies the court's inherent power "'after final judgment, and regardless of lapse of time, to correct clerical errors or misprisions in its records, whether made by the clerk, counsel or the court its...

Excerpt: ...onses to requests 4‐6, 11‐13, 15, 18, 28, 40, 42, 46 and 49. The Court rejects Defendant's argument that Plaintiff has failed to adequately meet and confer. The efforts were sufficient. No. 4‐6 Granted. These requests ask Defendant to produce Plaintiff's pay records for the period of her employment with Defendant, documents regarding Plaintiff that Defendant is required to maintain pursuant to Labor Code § 226, and documents that conce...

Excerpt: ... to Form Interrogatories Nos. 12.2, 12.3, 12.6 and 15.1. Defendant interposed a laundry list of boilerplate objections to the interrogatories and did not provide any substantive response. The Court rejects Defendant's argument that Plaintiff has failed to adequately meet and confer. The efforts were sufficient. Defendant first argues that Plaintiff failed to set forth good cause for further responses. Defendant argues that Plaintiff must “s...

Excerpt: ...on provided notice of the court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. Factual Background This action arises out of a series of loans extended by CCL to plaintiff Phoenix Logistics Supply Chain Solutions, Inc. (“PLSCS) in 2015 and 2016. Plaintiff's First Amended Complaint (“1AC”) admits that CCL is headq...

Excerpt: ...judice on the basis that Defendant failed to adequately comply with CRC Rule 3.1324. Defendant has brought the motion again, now in compliance with the Court Rule. “Trial courts are vested with the discretion to allow amendments in the furtherance of justice… That Trial courts are to liberally permit such amendments, at any stage of the proceeding, has been established policy in this state…resting on the fundamental policy that cases should...

Excerpt: ...018, 12/28/2018 and 1/2/2019 notices relating to plaintiff Daniel Gonzalez's status as a vexatious litigant subject to a prefiling order which prohibits him from filing any new litigation in the courts of this state in propria persona without first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be filed. Code of Civil Procedure §391.7(c) provides in its entirety: (c) The clerk may not...

Excerpt: ...ers on January 4, 2019, by mail and electronic mail, which, counting backward from the date of hearing pursuant to Code of Civil Procedure § 1005, was only 14 court days prior to hearing. Pursuant to Code of Civil Procedure § 1005(b), moving party was required to mail‐serve the moving papers 16 court days plus five additional calendar days prior to the date of hearing if mail‐served or two additional calendar days if served by overnight del...

Excerpt: ...fendant DiTech Financial, LLC's demurrer to Plaintiff Paulette Hacker's complaint is ruled upon as follows. Defendant's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; Kalnoki v. First American Trustee Servicing Solutions LLC (2017) 8 Cal....

Excerpt: ...Signature Stock Transfer's (“SST”) demurrer to Defendant/CrossComplainant in pro per Kenneth Maciora's (“Maciora”) Cross‐Complaint (“XC”) is ruled upon as follows. Overview This case presents a multi‐party business dispute. Plaintiff MyECheck, Inc. ("MEC") alleges its former CEO, defendant Zalunardo, falsified an employment agreement purportedly entitling him to MEC shares and that he purported to transfer these shares to ...

Excerpt: ...( American Indian Health & Services Corp. (2018) 24 Cal.App.5th 772). For present purposes, it is sufficient to note the following. Petitioners are 23 federally‐qualified health centers (FQHCs) or rural health clinics (RHCs) providing adult dental, chiropractic and podiatric services to Medi‐Cal patients. The Department reimbursed them for such services until July 1, 2009, when Welfare and Institutions Code section 14131.10 went into effect. ...

Excerpt: ...nt credit account. Defendant incurred charges on a credit account with Plaintiff in the sum of $1,268.15, plus costs and minus payments made by Defendant. Plaintiff's counsel contacted Defendant via telephone on December 28, 2018, to meet and confer regarding this motion. Defendant did not answer and Plaintiff's counsel left a message. Defendant did not return the phone call. The Court finds the foregoing is sufficient pursuant to CCP 439...

Excerpt: ... addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant PDQ Automatic Transmission Parts, Inc.'s (“PDQ”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. 1. Overview This action arises from a motor vehicle accident which resulted in the death of two pe...

Excerpt: .... (“RKU”) is ruled on as follows. Requests for Judicial Notice: RKU and DGS's Requests for Judicial Notice are unopposed and granted. In taking judicial notice of court documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Departme...

Excerpt: ...ri Aguilar (“Lori”)(collectively “Plaintiffs”). On 2/29/2016, Jose was stopped in traffic when he was rear‐ended by Defendants' bus, causing Jose's vehicle to collide with the vehicle in front of it. Plaintiffs allege that Jose “was hurt and injured in his health, strength and activity, sustaining injuries to his body and shock and injury to his nervous system and person, all of which said injuries have caused and continue to cause Pl...

Excerpt: ...subpoenas to Dignity Health Medical Foundation, Mercy Medical Group/Dignity Health, and Patsy Zike, CSW, is ruled upon as follows. By way of backdrop, Plaintiff was employed by the Assembly as a photographer. His position was eliminated in 2015 as part of a reorganization. Plaintiff filed his complaint on August 25, 2016. The operative First Amended Complaint, filed December 28, 2018, alleges causes of action for, among other things, retaliation,...

Excerpt: ...or insurance premiums. Defendant filed an answer on May 29, 2018, alleging a general denial and 23 affirmative defenses. Defendant now seeks to add two affirmative defenses for fraud and mistake. Defendant contends it believes there may have been a prior agreement with Plaintiff that contradicts the terms of the policy or that Plaintiff mistakenly billed Defendant for amounts that should have been excluded from the policy. Defendant contends it h...

Excerpt: ...th of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) The Court refers counsel to the historical antecedents in the related matter on this day's calendar. The First Amended Complaint (“FAC”) alleges that Garvey and real party...

Excerpt: ...aintiffs”) complaint is SUSTAINED without and with leave to amend as set forth below. Plaintiffs' request for judicial notice is granted as to item (1), but denied as to item (2). In taking judicial notice of item (1), the court accepts the fact of its existence, not the truth of its contents. As to item (2), “Simply because information is on the Internet does not mean that it is not reasonably subject to dispute.” (Huitt v. Southern Califo...