Excerpt: ... (Form Interrogatories, Requests for Production of Documents, Requests for Admission, and Special Interrogatories) is denied. This motion is continued to January 4, 2018 at 2:00 p.m. in this department to allow for the in‐custody plaintiff to receive a copy of the tentative ruling. The Clerk shall fax a copy of this minute order to the litigation coordinator, who shall deliver a copy to plaintiff forthwith. An appearance is required by all part...

Excerpt: ...roduction to Plaintiff, Set One. A request for sanctions shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. CCP 2023.040. The notice of motion does not comply with this section in that it does not specify the type of sanction sought. However, because plaintiff has responded to the requests made for specific sanctions such as terminating, evidence...

Excerpt: ...h Causes of Action, for negligent misrepresentation and breach of contract respectively. Plaintiff alleges that he reached a “tentative agreement” with Defendants wherein he would “be allowed to purchase” a parcel of Defendants' real property (the “Golden Gate Property”) “over a period of months.” (Comp. ¶ 8.) Plaintiff paid $4,000 earnest money into an escrow account with Stewart Title. (Compl. ¶ 9.) The “Beechum Defendants�...

Excerpt: ...that he fell down in his home, was taken by ambulance to “the Defendants,” and that during his stays at various hospital‐ and skilled nursing‐facilities, he developed multiple pressure ulcers, infections, and experienced malnourishment and dehydration arising from the acts and omissions of various “Defendants,” including but not limited to the Defendant demurring here. The demurring Defendant was substituted in as “Doe 1” on Novem...

Excerpt: ...ossDefendant Sean Hu (Hu) (collectively “Cross‐Defendants”) to dismiss the crosscomplaint on grounds of inconvenient forum is DENIED. Cross‐Defendants' alternative motion for a discretionary stay of the entire action while a parallel federal action proceeds is GRANTED. Overview DBI commenced this landlord/tenant dispute on 9/11/17. DBI is the alleged tenant, and Defendant and Cross‐Complainant CSPC Dophen Corporation (CSPC) is the alleg...

Excerpt: ...equests for admissions deemed admitted is DENIED; monetary sanctions GRANTED. Franock's request for judicial notice of court documents is GRANTED. Plaintiff Shelisa Kay Turner (Turner) did not respond timely to the requests. Franock filed this motion, and Turner did not timely oppose. The court treated the motion as unopposed and on 11/27/17 posted a tentative ruling deeming the requests admitted. Although Turner did not request oral argument...

Excerpt: ... Cities as a subcontractor on the Contra Costa Project, and alleges that the directors and officers of CCMI participated in the diversion of funds. Plaintiff alleges that the defendants, including Janco, knew that monies were owed to Bay Cities, but knowingly consented to the diversion of progress payments from Bay Cities for their own benefit. On Oct. 26, 2017 Janco's counsel served a Notice of Taking Deposition of the Person Most Qualified ...

Excerpt: ..., unopposed joint Motion For Preliminary Approval Of Class Action Settlement is GRANTED. (Code of Civil Procedure § 382, California Rules of Court, Rule 3.769.) The instant coordinated case involves three separate actions: Colvin v. Graphic Packaging International, Inc., Orange County Superior Court, Case No. 2015‐ 00781730‐ CU‐OE‐CXC filed on April 8, 2015 (the "Colvin Action"), Zasonski v. Graphic Packaging International, Inc.,...

Excerpt: ...ULED. Kristi's request for judicial notice is GRANTED. Plaintiffs' request for judicial notice is GRANTED. Overview This case presents a business dispute among investors and would‐be filmmakers. The plaintiffs are Paul Counts (Counts), Scott Bennett, Kristen Counts and Unbelievers Movie, LLC, a Washington limited liability company (UM LLC) (collectively “Plaintiffs”). The defendants are Kristi, Trevor Smith and Usherance Studios, LLC, a Cal...

Excerpt: ...f and the imminent trial date, reluctantly GRANTED but to afford defendants an opportunity to challenge the sufficiency of the new cause of action, to conduct discovery on the new cause of action and/or to file dispositive motions, the current trial date of 1/16/2018 is VACATED, as follows. Opposing counsel failed to comply with CRC Rule 3.1110(b)(4). This action filed in 2016 arises out of plaintiff's personal injury in 2015. Trial is currently ...

Excerpt: ... involving a motor vehicle accident. On December 3, 2014, Mr. Kitay was temporarily suspended from practicing law, and Plaintiffs retained a new attorney ‐ defendant Lora Grevious (“Ms. Grevious”) ‐ who substituted into Plaintiffs' case shortly thereafter. (UMF nos. 5, 6, 7.) On December 30, 2014, Plaintiffs moved to continue the trial date, and the motion was granted. (UMF nos. 8, 9.) On May 19, 2015, the Court issued a tentative ruling ...

Excerpt: ...the Pleadings is DENIED in part and GRANTED with leave to amend in part. In May 2004, Plaintiffs Brian T. Maley and Terese Weber‐Maley (together, “Plaintiffs”) executed a promissory note (“Note”) in favor of Wells Fargo in the amount of $343,200 secured by a deed of trust (“DOT”) recorded against the property located at 181 Briggs Ranch Drive, Folsom California (the “Property”). (Compl. ¶9, Ex. 1.) In March 2016, the DOT was as...

Excerpt: ...o complaint on or before 2/3/2018. Plaintiff contends that its complaint states facts sufficient constitute a cause of action against defendant and that defendant's answer fails to state facts sufficient to constitute a defense to the complaint. The Court agrees. The complaint states facts sufficient to establish that defendant is indebted to plaintiff. However, the answer filed by defendant on 10/27/2017 fails to sufficiently deny any of the com...