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: ...�N. (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: ...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: ...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: ...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: ...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...

Excerpt: ...ng to Scott R. Price within 48 hours. The litigation coordinator is directed to have Scott R. Price available at oral argument on April 20, 2023, at 1:30 pm. Appearance will be by ZOOM. Department 53's Zoom ID is: 1614650 6749. To appear on Zoom by phone, call (833) 568-8864 and enter 1614550 6749#. Appearance is required. Plaintiff Scott R. Price's ("Plaintiff") motion for appointment of counsel is DENIED as follows. The Court notes that it did ...

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: ... 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: ...tract. (Complaint.) Plaintiff Helexo PTE Limited ("Plaintiff") is a Singapore company. (Complaint, 4.) Defendant Comcopious Limited ("iCanPay") is a Hong Kong shell company that does business under the name ICanPay through various subsidiaries. (Complaint, 5 and 17-19; Shimogori Decl., '1 1.) Plaintiff alleges Comcopious' principal place of business is the home of its director and controlling shareholder, Defendant Kotaro Shimogori ("Shimogori") ...

Excerpt: ...es in opposition is 20 pages in length, and exceeds 15-page limit as specified in California Rules of Court rule 3.1113(d). The Court's record does not reflect Plaintiffs sought leave to file an oversized brief pursuant to California Rules of Court rule 3.1113(e). "A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper." (Cal. Rules of Court, Rule 3.1113 (g).) The Court has d...

Excerpt: ...uled upon as follows. Sutter opposes the motion. Defendant Mindy Shapiro, MD ("Dr. Shapiro") filed a joinder to Sutter's opposition. This is a medical malpractice action in which Plaintiffs allege the wrongful death of Hardeep Kaur Bains ("Decedent"). Plaintiffs commenced this action by filing their Complaint on September 29, 2021, alleging causes of action for negligence wrongful death against Defendants Caroline Nguyen, MD; Dr. Shapiro; and Sut...

Excerpt: ...ired by Local Rule 1.06(D). Moving counsel is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). FACTS In this lemon law achon involving a 2018 Chevrolet Silverado 1500 ("the Silverado"), Plaintiffs allege GM was aware of a certain transmission defect ("the...

Excerpt: ...ing their Complaint on December 12, 2022. (ROA 1.) On January 18, 2023, Plaintiffs filed the operative First Amended Complaint ("FAC") alleging causes of achon for elder neglect, custodial negligence, constructive fraud, and negligent infliction of emotional distress against Defendants. (ROA 10.) Plaintiffs allege Ms. Ritter is a 95-year-old woman who was living at the residential care facility for the elderly known as The Pines, a Merrill Garden...

Excerpt: ...Plaintiff filed the instant action on October 8, 2020. (ROA 1.) Trial is set for June 20, 2023. (ROA 26.) Defendant served an initial set of discovery documents on Plaintiff on March 26, 2021 to which Plaintiff responded. (Declaration of Kimberly A. Millington (Millington Decl.) 92.) Defendant also noticed Plaintiffs deposition for December 1, 2021. (Millington Decl. 94.) On November 29, 2021, Plaintiff's counsel informed Defendant that counsel w...

Excerpt: ...becca Rickett ISO Defendant's motion to compel (Rickett Decl.) 2.) The deposition was taken off calendar per Plaintiff's counsel's request as counsel was unable to locate their client. (Rickett Decl. 93.) Plaintiff failed to respond to an attempt to meet and confer for other available dates of deposition. (Rickett Decl. 94.) Defendant subsequently moved to compel the deposition, which the Court granted on December 1, 2022. (ROA 35.) Shortly there...

Excerpt: ...ts for Production of Documents, Set One is ruled upon as follows. This is a medical malpractice action in which Plaintiffs allege the wrongful death of Hardeep Kaur Bains ("Decedent"). Plaintiffs commenced this achon by filing their Complaint on September 29, 2021, alleging causes of action for negligence wrongful death against Defendants Caroline Nguyen, MD; Mindy Shapira, MO; and Sutter. Pertinent here, Sutter indicates that on December 20, 202...

Excerpt: ... of action for breach of contract and two causes of action for common counts. Camrock alleged Defendant Security Paving Company, Inc. ("Security Paving") failed to make payment to it within 30 days of its final invoices for the two jobs, job numbers 06-0H2504 ("06 and 07-266404 ("07 Subcontract"). Following a court trial before the Honorable Trena H. Burger-Plavan, the Court issued a tentative decision in favor of Camrock on May 31, 2019. (ROA 11...

Excerpt: ... Department 53 Zoom ID is: 1614650 6749. To appear on Zoom by phone, call (833) 568-8864 and enter 161 4550 5749#. Appearance is required. Defendants California Department of Corrections and Rehabilitation ("CXR") and Kathleen Allison ("Allison") (collectively "Defendants") demurrer to incarcerated pro per Plaintiff Delbert J. Smith's ("Plaintiff") Complaint is ruled upon as follows. Plaintiff commenced this acton by filing his Complaint on July ...

Excerpt: ...ng. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and . *** Plaintiff's opposition was not timely filed or served and the proof of service attached motion matters thereto is not signed. Additionally, the opposition does not comply with CRC Rule 3.1113(d) and (f) and plaintiff failed to seek or obtain leave of court to file an oversized brief as required by Rule 3.1113(e). Plaintif...

Excerpt: ...that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's opposition papers were not timely filed and the "Certificate of Service" on the final page does not in several respects comply with Code of Civil Procedure S1013a. This is particularly troubling since plaintiff's opposition to the prior demurrer suffered from the same defects, resulting in the Court declining to consider his oppo...

Excerpt: ...ate/time of this hearing if she attends Court in person. As stated therein, such order as to Defendant Trieu 's counsel applies REGARDLESS of whether any party requests oral argument on this motion. *** Factual Background Plaintiff commenced this action in 2018, alleging against defendants Trieu and Phan causes of action for fraud, embezzlement, conversion, breach of contract, breach of fiduciary duty, negligence, etc. in connection with a reside...

Excerpt: ... bottom of the page" (so the Court need not unnecessarily expend time locating individual exhibits). Factual Background This litigation was commenced against defendant Mission Linen Supply in October 2019 with a putative class action complaint alleging violations of various wage-andhour provisions of the Labor Code as well as a claim for unfair business practices. In December 2019 an amended complaint was filed, adding claims for penalties under ...

Excerpt: ...her "hard paper or plastic tabs extending below the bottom of the page" (so the Court need not unnecessarily expend time locating individual exhibits). Factual Background This is a personal injury action arising from the malfunction of an elevator in which plaintiff was riding in February 2019. It is alleged the elevator "dropped approximately three floors and then suddenly stopped. Trial is currently scheduled to commence on 6/20/2023. In Februa...

Excerpt: ...rril Kofi a.k.a Zeke Layman, Mrs. Miller's brother, was also living at Bush Way on the date of the fire. The home was insured by Mid-century Insurance Company, which paid out claims by the other plaintiffs to have the house repaired and for damages to contents of the home following the fire loss incident. Mid-century is appearing in a subrogee capacity. Plaintiff Chris and Edith Miller, as well as Mr. Layman, are inwlved as additional individual ...

Excerpt: ...s able to file a complete reply. Defendant's counsel also filed a "supplemental" declaration on April 11, 2023, only two Court days prior to the hearing. The declaration attached exhibits which counsel attempted to attach to the papers filed on April 7, 2023. The basis for the opposition is that verified responses were served after the motion was filed. The motion was filed on January 11, 2023. There is no dispute that Defendant served verified r...

Excerpt: ...d, Samuel Fong (deceased) ("Sam") operated the family businesses for the personal benefit of his mistress, Yimin Dai and himself. Defendant is the trustee of the Samuel B. Fong Trust and Executor of Samuel 8. Fong's estate. At issue on the instant moton is Jason's claimed failure to produce a United States Estate Tax Return, Form 706 ("Tax Return") for Sam. The Siblings contend the Tax Return was responsive to the request for production of docume...

Excerpt: ...lowing: [T]hat the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either: (a) A negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or (b) The public entity ...

Excerpt: ... to provide verified further responses to Defendant's request for production (set one), without objections other than those based on privilege, and an appropriate privilege log, no later than February 28, 2023. Defendant contends Plaintiffs failed to comply with the orders and now seeks evidentiary and monetary sanctions. The Court also imposed a modest amount of monetary sanctions against each Plaintiff in the amount of $310. Defendant indicate ...

Excerpt: ...the memorandum. In the future, Cross-Defendants shall conform to the applicable page limits or obtain an order from the Court allowing it to exceed those limits in accordance with the California Rules of Court. The Court also reluctantly considered Cross-Defendants' untimely supplemental opposition and supplemental declaration filed on April 4, 2023, seven court days prior to the hearing. There is no explanation for these late filings. Plaintiffs...

Excerpt: ...22, alleged causes of action for violation of Business & Professions Code S 809, negligence, and wrongful termination in violation of public policy. Plaintiff was granted leave to file an amended complaint and filed the FAC on September 29, 2022. In the FAC, Plaintiff alleges causes of action against Defendant for violation of Business & Professions Code S 809, negligence, violation of Labor Code S 1102.5, wrongful termination in violation of pub...

Excerpt: ...d served by March 20, 2023. However, where a motion is served via electronic mail, the notice period is extended by 2 court days. Thus, the deadline for service was March 16, 2023. Here, the motion was filed on March 17, 2023 and the proof of service indicates it was served February 17, 2023 via electronic mail. Even assuming the date on the prtnf of service is not an error, the motion was untimely filed for purposes of this hearing date. However...

Excerpt: ...cle to Defendant for repairs on numerous occasions and that Defendant failed to use ordinary care and skill to store, prepare and repair the Vehicle in accordance with industry standards. (Complaint, 40-42.) Defendant moves to compel Plaintiffs' claims against it to arbitration pursuant to an arbitration provision located in the subject Retail Installment Sales Agreement ("RISC") Plaintiffs signed when they purchased the vehicle. The subject prov...