Excerpt: ... counsel is directed to contact Respondent's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Petitioner's counsel is unable to contact Respondent's counsel prior to the hearing, Petitioner's counsel shall be available at the hearing, in person or by telephone, in the event Respondent's counsel appears without following the procedures set forth in Local Rule 1.06(B). This matter arises out of ...

Excerpt: ...unable to contact Plaintiff's prior to the hearing, defense counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendant's demurrer to the seventh (intentional or negligent misrepresentation) and eighth (fraud‐concealment) causes of action alleged in the First Amended Complaint is UNOPPOSED and SUSTAINED for the reasons ...

Excerpt: ...suant to the Song‐Beverly Consumer Warranty Act “shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code § 1794(d).) “[E]xpenses” includes items beyond the “costs...

Excerpt: ...act and (2) common counts. Plaintiff's Separate Statement sets forth the following facts: On February 13, 2006, in response to Defendant's request, Plaintiff issues a credit card and line of credit to Defendant. (CC (“common counts”) UMF 1.) The card was mailed to Defendant with a card holder agreement provided in the Credit Card Application and Agreement. (Id.) By accepting and using the credit card, pursuant to the terms of the Consumer Cre...

Excerpt: ...2018, the Court entered judgment for Plaintiff (the “Judgment”). On May 29, 2019, the Judgment was assigned to Sommers. Sommers asserts that Allurent is a suspended corporation and therefore cannot defend itself. Sommers further asserts that Will Claren (“Claren”) is listed as the CEO, secretary, and CFO on the Secretary of State's statement of information. As a result, Sommers argues that Claren is the alter ego of Alurent, because (1) t...

Excerpt: ...* If oral argument is requested in an attempt to obtain leave to amend, plaintiff shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Defendants Ocwen Loan Servicing, LLC (“Ocwen”), Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust 2004‐3, Asset‐Backed Certificates, Series 2004‐ 3 (“Deutsche as Trustee...

Excerpt: ...her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Overview Plaintiff Martin Straznicky, M.D. was a member of defe...

Excerpt: ...welve causes of action against numerous parties based on allegations that she was injured after undergoing electric shock therapy at Defendant's hospital. With respect to Defendant Plaintiff alleges the ninth cause of action for negligence, the tenth cause of action violation of Business & Professions Code § 17200, and the twelfth cause of action for injunctive relief. Ninth Cause of Action (Negligence) Defendant's demurrer is overruled. Defenda...

Excerpt: ...a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App. 3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 12...

Excerpt: ...Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers...

Excerpt: ...Johnson and Matt Carrol's joinder is denied. Pursuant to Local Rule 2.09, a party desiring the same relied as another must comply with all procedural requirements for filing of motions, including proper notice, format etc. The joinder does not comply with these requirements. The joinder was served on November 5, 2019. Service on November 5, 2019, for a November 12, 2019, hearing date only provided four Court days' notice which is insufficient pur...

Excerpt: ...ty in support of such a motion. Plaintiff voluntarily dismissed this action with prejudice in April 2017. Here, “[t]he dismissal with prejudice of the lawsuit deprived the superior court of subject matter jurisdiction. Absent a pending lawsuit, a court cannot issue judgments or orders.” ( Hagan Engineering, Inc. v. Mills (2003) 115 Cal.App.4th 1004, 1007.) While CCP § 664.6 provides a mechanism for the Court to retain jurisdiction over the p...

Excerpt: ...th the care and treatment provided to his spouse Linda Novotny (the “Decedent”). The demurrer is sustained with leave to amend for failure to state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) With respect to the first cause of action, there are no allegations regarding what either of the Defendants did or did not do that was improper and/or how their conduct caused the Decedent's death. In addition, Plaintiff has bro...

Excerpt: ... Street, and was "holding or controlling funds from which to pay costs due or to become due to the general contractor, Davis Reed. (RJN, Exh. 1, ¶ 45.) When Cemco was not paid, Cemco asserts that it "served by first class mail pre‐paid on [the Bank] a stop payment notice signed and verified by Cemco." (RJN, Exh. 1, 46.) Cemco does not allege that any bond equal to 125 percent of its claim, accompanied the stop payment notice. (See RJN, Exh. 1,...

Excerpt: ...result of the contractual waiver of subrogation provision contained in the contract between Plaintiff the general contractor, Davis/Reed Construction, Inc. and RJA. Davis/Reed contends RJA breached and negligently performed its HVAC sub‐contract for work on the Ice Block Project ("Project") both of which have resulted in damage to Davis/Reed. Indian Harbor filed its Complaint In Intervention, containing a single cause of action for Subrogation,...

Excerpt: ...ne or more claims for damages, or one or more issues of duty..." CCP 437c(f)(1). In this case, the parties presented a signed stipulation pursuant to CCP 437c(t) that the court may determine the issue of whether non‐economic damages may be recovered in this case. The court signed the order on stipulation permitting this motion before the motion was filed pursuant to CCP 437c(t). In this action arising out of an automobile accident, plaintiff se...

Excerpt: ... of the Summons did not result in actual notice (CCP §473.5); that service of the Summons did not result in actual notice in time to defend action brought by a debt buyer (Civ. §1788.61); and under the inherent equitable powers of the court to craft a remedy. Defendant was served by substitute service on April 5, 2019 at 3835 Breuner Place, Sacramento. Default was entered on May 28, 2019 and Default Judgment was entered on July 1, 2019. Defenda...

Excerpt: ... defendants' Answer was prepared September 17, 2019 and sent to the court for filing. However, counsel received a notice on October 3, 2019 that the Answer was rejected from filing because default had been entered on September 20, 2019. (Declaration of Jared Walker). Counsel, who also represents plaintiff, never received a phone call from cross‐defendant, an attorney, prior to the entry of default. Whenever an application for relief is made no ...

Excerpt: ...d appropriately inform Plaintiff that he was diagnosed with a specific communicable disease, which then resulted in a one week delay in diagnosis of an additional medical condition which resulted in harm to Plaintiff. Defendants thus requested the Plaintiff in special interrogatory No. 42 to identify any and all facilities where he had undergone a specific form of testing that could have discovered the communicable disease during the 10 years pri...

Excerpt: ...MSC December 18, 2019. The case was previously set to start trial on June 19, 2019, but the parties obtained a stipulated continuance in May 2019, based upon the plaintiff's then recent neck surgery in February 2019. Plaintiff had already had an initial neck surgery in May 2018. Defendants represented that they needed more to time to obtain plaintiff's medical records for her recent surgery, provide them to their experts and then to take expert d...

Excerpt: ...98 offer had provided that the amount of restitution would be determined by the Court if the parties could not agree. The CCP § 998 offer also indicated that FCA would pay Plaintiff's fees and expenses pursuant to Civil Code § 1794(d) in an amount to be determined by the Court if the parties could not agree. Ultimately the parties resolved the amount of restitution but were unable to resolve the amount of fees and costs. Plaintiff seeks $27,070...

Excerpt: ...Court also granted Plaintiff's motion to deem matters in its requests for admissions admitted and awarded $260 in monetary sanctions. Plaintiff seeks terminating sanctions on the basis that Defendant has not provided the Court ordered responses. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating sanction by one of the following: an order striking ou...

Excerpt: ... appointing Plaintiff Donald Wright as class representative for purposes of settlement; 3. Preliminarily appointing the Shimoda Law Corp. as class counsel for purposes of settlement; 4. Preliminarily approving the proposed $350,000.00 class action settlement, which is incorporated herein by reference; 5. Preliminarily approving the application for payment to class counsel of attorneys' fees in the amount of $122,500.00 (35% of the Gross Settlemen...

Excerpt: ...days after service of the notice of motion to file an opposition to the motion. No opposition has been filed. Plaintiff's Complaint contains allegations that deficient flooring work was performed in the kitchen area of a Black Bear Diner restaurant which resulted in flooring defects. This action was originally filed with the Court over five years ago on July 25, 2014. Moving defendant Huff Construction was formally added to the Superior Court act...

Excerpt: ...mber 6, 2018. On April 25, 2019, the Sacramento District Attorney's office filed felony charges against Dana Berry related to this incident, Case Number 19‐FE‐007262. (See Meyers Decl. at ¶10.) There was an arraignment on September 4, 2019 and on November 18, 2019 there will be a hearing to either enter a plea or set the case for trial. (See Meyers Decl. at ¶11) The moving papers seek a seek a stay of all civil discovery as to Dana Berry un...