Excerpt: ...ber 6, 2022, pursuant to the subject arbitration agreement, Anthem designated JAMS as the dispute resolution organization. (Pytel Decl. 5.) Plaintiff made a demand for arbitration with JAMS on December 12, 2022. (ld. 6.) Plaintiff contends that JAMS sent Anthem an invoice for the fees to initate arbitration on December 22, 2022, and that the invoice stated that the fees were due upon receipt of the invoice. (ld. 7, 8.) The invoice was directed to...

Excerpt: ...nly opposes the request for sanctions. No declaration was submitted. No later than May 10, 2023, Plaintiff shall serve verified responses, without objections, to Defendant's form and special interrogatories (sets one). To the extent responses were served after the motion was filed comply with the above, they need not be reserved. Defendant's request for sanctions is denied as the motion was unopposed on the merits. Although California Rules of Co...

Excerpt: ...or judgment on the pleadings. Plaintiff opposes the request for reconsideration. A party may seek reconsideration of an order "based upon new or different facts, circumstances, or law." (Code Civ. Proc. S 1008(a).) A motion for reconsideration under this statute must be filed within 10 days of service of written notice of entry of the order. (Ibid.) The moton must be supported by an affidavit identifying "what application was made before, when an...

Excerpt: ...J. Smith within 48 hours. The litigation coordinator is directed to have Plaintiff Delbert J. Smith available at oral argument. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568- 8864 and enter 1514650 6749#. Appearance is required. Defendants California Department of Corrections and Rehabilitation ("COCR") and Kathleen Allison ("Allison") (collectively "Defendants") demurrer to incarc...

Excerpt: ...n order from the Court allowing it to file an oversized memorandum. Nevertheless, the Court considered the entirety of the memorandum. In the future, Defendant shall conform to the applicable page limits or obtain an order from the Court allowing it to exceed those limits in accordance with the Rules of Court. In this foreclosure action, Plaintiffs allege causes of action for (1) negligence; (2) Violation of Civil Code SS 2924.12/2924.17; (3) Fra...

Excerpt: ...are and treatment of Lawrence Moody resulted in a spinal cord injury. At issue on the instant motion are Plaintiff Ann Downs' responses to Defendants' request for production No. 36 and special interrogatory No. 40. Request for production No. 36 asked Plaintiff for all documents in their possession from a legal proceeding in which Picetti testified. Special interrogatory No. 40 asked Plaintiff to identify all document in their possession from a le...

Excerpt: ...ŸN. (FAC, 55; Todd Decl., 1.) On May 16, 2022, Plaintiffs filed the First Amended Complaint, which added a claim by Plaintiff Gill for conversion of $18,758.91 in cryptocurrency. (FAC, '1 18.) On January 30, 2023, Plaintiffs brought the instant motion to reclassify the action as an unlimited civil case. Before the deadline to amend the initial pleading, a plaintiff may move to reclassify an action upon a showing the case has been classified in an...

Excerpt: ..."Plaintiff") failure to prosecute. The Court will address the motion to dismiss pursuant to Code Civ. Proc. S 583.360 first as it is dispositive. "[A]n action shall be brought to trial within five years after the action is commenced against the defendant." (Code Civ. Proc. S 583.310.) "[A]n action shall be dismissed... after notice to the parties, if the action is not brought to trial within the time prescribed in this article." (Code Civ. Proc. ...

Excerpt: ...rica, LLC (9th Cir. 2022) 23 F.4th 942. This is a lemon law action. Plaintiff alleges causes of achon against Defendant Ford Motor Company ("Defendant") for violations of the Song-Beverly Consumer Warranty Act (SongBeverly) in connection with his purchase of a 2021 Lincoln Aviator ("Vehicle") from Defendant. Plaintiff alleges he received warranties through the sale of the Vehicle, including a bumper- tobumper and a powertrain warranw. (Comp. 9.) ...

Excerpt: ...f action, affrmative defense, or claim for damages. (Code Civ. Proc. S 437c(f)(1); Hindlin v. Rust (2004) 118 Cal.App.4th 1247, 1255.) When a party seeks summary adjudication, "the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts." (Cal. Rules of Court, rule 3.1350(b).) Plaintiff...

Excerpt: ...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; steed v. Department of consumer Affairs (2012) 204 cal.App.4th 112, 120- 121.) Procedural History Plaintiff filed the initial complaint in this action on October 8, 2021, against Defendants Western Dental Services, Inc. ("Western Dental") and Jooyoung Oh ("Oh"). In the original complaint, Plai...

Excerpt: ...ay take judicial notice of the existence of judicial opinions and other court documents, but does not take judicial notice of the truth of hearsay statements in other decisions or court files or of the truth of factual findings made in another action. (Johnson & Johnson v. Superior Court (2011) 192 Cal.App.4th 757, 768; see also sosinksy v. Grant (1992) 6 cal.App.4th 1548, 1566; Kilroy v. state of california (2004) 119 cal.App.4th 140.) Responden...

Excerpt: ...encies noted below. *** The opposition was not timely filed or served and was not served in conformity with the express requirements of Code of Civil Procedure S1005(c) but it was nevertheless reluctantly considered. Plaintiff's counsel failed to comply with CRC Rule 3.1110(b)(3)-(4). Factual Background This is a legal malpractice action which arises from the legal services defendant attorney performed for plaintiff's grandmother, Alice Ruzir ("D...

Excerpt: ...ed Material Facts, which of opposing plaintiffs 15 Additional Material Facts and/or which of moving defendants' 21 objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non-existence of a triable issue of material fact. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)-(4). Both moving and opposin...

Excerpt: ...nce the Court continued the matter to this date from April 4, 2023. The parties' Requests for Judicial Notice filed prior to April 4, 2023 are granted for the purposes of which judicial notice may be properly taken. For instance, the Court may take judicial notice of the existence of judicial opinions and other court documents, but does not take judicial notice of the truth of hearsay statements in other decisions or court files or of the truth o...

Excerpt: ...oving counsel is directed to contact opposing counsel and advise him/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 by Zoom or by telephone. Plaintiff failed to comply with CRC Rule 3.1110(f)(3), requiring exhibits to be ...

Excerpt: ...disputes relative to the subject discovery requests and (2) to identify prior rulings by this Court on essentially identical requests for production served on GM in other pending case. The Court now rules as follows. * If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded ...

Excerpt: ..."), et al.'s moton to dismiss this action pursuant to Code of Civil Procedure and CRC Rule 3.1342 for plaintiffs' failure to bring it to trial within three years of commencement is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling proce...

Excerpt: ...s Register of Actions. Pursuant to the Court's directive, plaintiff refiled its opposition and filed its related declaration. Having considered plaintiff's opposition, the Court now rules defendants' motion as follows. Factual Background This is a declaratory relief action wherein plaintiff seeks to challenge defendants' "erroneous interpretation of Section 1516(b) of the [Unclaimed Property Law]." (Compl., p.1:20-24; p.2:10-11.) Defendants filed...

Excerpt: ...d to contact opposing counsel and advise him/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, by Zoom or by telephone. Moving counsel failed to comply with CRC Rule 2.111(3) The opposition papers were not timely ...

Excerpt: ... in a foreclosure related matter. Palmieri alleges she had a contingency fee agreement allowing for a percentage of the gross recovery and also provided her a charging lien for any sums ovvng for unpaid fees and costs. The Second Amended Complaint ("SAC") alleges Palmieri associated with Defendants in 2016 and recommended that Gilliland follow her. The SAC alleges Defendants agreed to a division of fees pursuant to which Palmieri would be paid a ...

Excerpt: ...omplainant M&A's motion for summary adjudication as to its first, second, and third cross-claims is DENIED. Plaintiffs Stephen W. Wheatcraft, Ph.D. ("Dr. Wheatcraft"), Wheatcraft and Associates, LTD ("W&A," collectively "Cross- Defendants"), and Catherine Benton ("Benton," collectively "Plaintiffs") allege multiple causes of achon stemming from expert witness work Plaintiffs performed for Defendants on three lawsuits - the Clovis, Fresno, and Ora...

Excerpt: ... declaratory relief. Plaintiff has since dismissed the declaratory relief cause of action. Plaintiff's causes of action arise from allegations that he had agreements with certain parties ("DPG parties") which prov-ded that he would have a first position security interest as to money that he lent/invested which was collateralized by the DPG parties' assets, including an automobile sub-prime loan portfolio titled in the name of Spring Tree Lending,...

Excerpt: ...ss $3,778.50 for salvage) plus rental costs of $586.47 and a $1A)O deductible. Plaintiff seeks to recover that amount from Defendant Albin Abarquez alleged to have been responsible for vehicle accident causing the loss. Plaintiff's motion to have its request for admissions to Defendant deemed admitted was granted on November 24, 2020. When the moving party is the plaintiff, there is only one ground for a moton for judgment on the pleadings: "the ...

Excerpt: .... The subject complaint alleges causes of action for breach of contract, foreclosure of deed of trust, and fraudulent inducement. Defendants moves for judgment on the pleadings as to the third cause of action for fraudulent inducement on the basis that it is barred by the statute of limitations, the statute of frauds and otherwise fails to state facts sufficient to state a cause of action. On April 5, 2023, this Court granted co- defendant Twin R...