Excerpt: ...ntrary to the weight of the evidence. The evidence shows that Mendoza agreed to submit to a breath test but failed to complete the test when, on each of three attempts, he refused to place his lips completely over the mouthpiece, causing an error. (See Cole v. Department of Motor Vehicles (1983) 139 Cal.App.3d 870, 875 [compliance with the implied consent law consists of completing, not merely attempting the test offered].) Mendoza's failure to c...

Excerpt: ...ecember 30, 2019, Line 1, PLAINTIFF FRED LARSEN Motion To Compel Defendant Top Dog Pet Care LLC (Dba Top Dog Sf) To Produce Its Person(S) Most Qualified And Custodian Of Records To Appear For Deposition And Production Of Documents And Request For Monetary Sanctions. Pro Tem Judge Bruce Highman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this m...

Excerpt: ...nt is denied. Although Plaintiff did not timely serve the second amended complaint in compliance with the court's order, Defendants did not seek entry of judgment pursuant to Code Civ. Proc., § 581(f)(2) before Plaintiff served the second amended complaint. Further, Defendants do not show that they met and conferred with Plaintiff before filing their motion to strike, as required by Code Civ. Proc., § 435.5. Any party who contests a tentative r...

Excerpt: ...brief. As the court previously noted, petitioner had the information that it needed to assert this issue prior to filing his moving papers, but he failed to do so. The reply brief was not rebutting an argument that respondent raised. Petitioner therefore waived the matter. Petitioner's citation to and reliance on an unpublished Court of Appeal decision is improper. (Cal. R. Ct. 8.1115(a).) The court rejects Petitioner's res judicata argument, whi...

Excerpt: ...its initial burden. (See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849 [a defendant moving for summary judgment "bears the burden of persuasion that one or more elements of the cause of action in question cannot be established, or that there is a complete defense thereto."].) Morrow‐Meadows has not established there are no triable issues of fact as to whether it is liable to Plaintiff. Morrow‐Meadows owed a duty of care to Plai...

Excerpt: ..., PETER YORKE, SHAUN SAMUELS Motion In Support Of Motion To Compel Deposition Of Person Most Knowledgeable Of Defendant And Cross‐Complainant Confluent Medical Technologies, Inc.; Memorandum Of Points And Authories; Declaration Of Kirk B. Freeman; Request For Judicial Notice Plaintiff Endovention, Inc.'s motion to compel deposition of person most knowledgeable of Defendant and Cross‐Complainant Confluent Medical Technologies, Inc. is granted ...

Excerpt: ...roceeding." Plaintiff's request for the court to exercise "discretion" under § 1032(a)(4) is misplaced. A prevailing party includes a "defendant in whose favor a dismissal is entered" such as Defendant in this matter, in whose favor judgment was entered on November 20, following its successful motion for summary judgment. (Code Civ. Proc. § 1032(a)(4).) A court may not consider the paying party's financial resources or inability to pay. (See Ne...

Excerpt: ...To Impose Monetary Sanctions On Defendants Patrick Foy, Franklin Loffer, Np Sand And Sea Partners, Llc, Nphss, Llc, And North Point Ocean Partners, Llc Pro Tem Judge Robert Kane, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion ma...

Excerpt: ... loan agreement contains a mandatory forum selection clause, selecting San Francisco County for all disputes. (Compl., Ex. A, 6.) Thus, Defendant has contracted away his right to choose the forum. (Berg v. MTC Electronics Tch. (1998) 61 Cal.App.4th 349, 358 ["The factors that apply generally to a forum non conveniens motion do not control in a case involving a mandatory forum selection clause."]; Cal-State Bus. Prod. & Servs. (1993) 12 Cal.App.4t...

Excerpt: ...re Sanctions. Plaintiff's motion to seal is denied. Both parties' requests for sanctions are denied. "Unless confidentiality is required by law, court records are presumed to be open." (Cal. Rules of Court, Rule 2.550(c).) Records may be sealed only if the court "expressly finds" that "(1) There exists an overriding interest that overcomes the right of public access to the record; [] (2) The overriding interest supports sealing the record; [] (3)...

Excerpt: ... And Or Vacate Judgment Of Dismissal Of Action With Prejudice, After Sustaining Of Demurrer To Complaint Without Leave To Amend And Order Granting Defendants Demurrer To Complaint, If Entered. (Part 2 Of 2 For Tentative Ruling). After the six-month period for statutory relief has passed, the court may still grant relief on equitable grounds, including extrinsic fraud or mistake. (Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 47.) There ...

Excerpt: ...at Daniel Akhromtsev has been using CHH's funds to make questionable expenditures, including monthly car payments, credit card payments, gasoline, grocery shopping, dining, food delivery, and other personal expenses; and generally that Defendants have been managing CHH without the full knowledge or consent of Plaintiffs, although CHH's operating agreement provides that it "shall be controlled by its Members, acting unanimously." Defendants summar...

Excerpt: ...oss‐complaint is granted on the following specified conditions which Geo‐Cell must agree to either orally at the hearing or in writing sent to counsel for cross‐defendant Maxxon Corporation prior to the hearing. The conditions that Geo‐ Cell must agree to are: 1) Geo‐Cell must serve verified code‐compliant responses without objection other than privilege no later than December 16, 2019 to the following deem‐served discovery: a) stat...

Excerpt: ...[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void. Under section 473, subdivision (d), the court may set aside a default judgment which is valid on its face, but void, as a matter of law, due to improper service." (Ellard v. Conway (2001) 94 Cal.App.4th ...

Excerpt: ...ely concede that they have failed to exhaust administrative remedies. (See Contractors' State License Board v. Sup. Ct. (2018) 28 Cal.App.5th 771, 778‐79.) Plaintiffs nonetheless urge me to bypass the administrative proceedings using a "public policy exception" that appellate courts sometimes invoke, usually without calling it that. However, I believe a factual record developed in the administrative proceedings would be beneficial to reasoned a...

Excerpt: ...n for attorneys' fee per CCP 425.16 is denied. The unsuccessful arguments made by defendant Twitter, Inc. why the claims alleged by plaintiffs were not covered by the public interest exception to the activity protected by the anti‐SLAPP statute were neither totally and completely without merit nor solely intended to delay this case. Twitter's arguments fall well within the broad range of permissible and non‐ sanctionable arguments tha...

Excerpt: ...es In Support; Declaration Of Timothy H. Stearns; Proposed Order Defendant Mary Franus' amended motion for an award of mandatory attorney's fees and costs is granted in part. Ms. Franus is awarded $10,044.54 in fees and costs, the amount she sought in her initial motion. It is undisputed that, by her attorney, Ms. Franus agreed not to pursue further efforts to seek fees and costs for the services rendered in her successful anti‐SLAPP mo...

Excerpt: ...ded Notice Of Hearing On General And Special Demurrers To Plaintiffs Superseding Third Amended Complaint Defendants Station House C1, LLC, VC Multifamily Portfolio Venture GP, LLC and VC Fund C-1, LLC's demurrer to the first, second and fourth causes of action in the superseding third amended complaint filed by plaintiff Mint Collection - 410-418 Jessie Street Condominium Owners' Association is sustained without leave to amend as to all t...

Excerpt: ...nsel for defendants Eric Smith and Berman Skin Institute Medical Group, Inc. prior to the hearing. The conditions that Mr. Perez must agree to are: 1) after the first amended complaint is filed, defendants may withdraw their current motion for summary judgment and file one or more motions for summary judgment and/or adjudication on 30 days instead of 75 days' notice; 2) Mr. Perez must serve verified code‐compliant responses without objectio...

Excerpt: ...nia State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Cou...

Excerpt: ...y with the money deposited into Wells Fargo Bank accounts xxxxxx4046 and xxxxxx4826 until entry of final judgment in this action is granted. The motion is unopposed and Thermo Energy has shown that it is likely to prevail on the merits of its fraud claims against Doe defendants based on evidence that Thermo Energy has been the victim of a fraudulent phishing scheme. (Collard Decl. Exh. A‐ E 12). Thermo Energy has also shown that it is likely to...

Excerpt: ...is necessary for his support. Woo fails to cite a statutory basis to exempt the excess and fails to meet his burden under CCP 704.080(e)(4). If Woo is relying on the necessary for support exemption of CCP 706.051(b), that exemption does not apply as this case does not involve an earnings withholding order. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, wit...

Excerpt: ...ONG's Motion For Reconsideration And Revocation Of Order Granting Motion To Set Aside Default And Default Judgment. Plaintiffs' motion for reconsideration and revocation of order granting motion to set aside default and default judgment is DENIED. Plaintiffs lacked reasonable diligence in adducing their "new evidence," which was in any event duplicative of an insurer's declination they apparently already knew about. Further, a...

Excerpt: ...e Section 437c. Plaintiff The People of the State of California, by and through the Commissioner of Business Oversight's motion for summary judgment is GRANTED. Defendant Douglas R. Hanson does not dispute that the court had the authority to amend the duties of the Special Master and the interlocutory judgment and to issue the stay on the litigation against the LLCs. Moreover, the court has inherent power to amend existing orders and to issue...

Excerpt: ...2019, 2018, Line 17, DEFENDANT THE CANADA LIFE ASSURANCE COMPANY, COMPUTER SCIENCES CORPORATION, SWISS RE LIFE & HEALTH AMERICA, INC. MOTION FOR SUMMARY JUDGMENT Or In The Alternative, Summary Adjudication Of Issues.(part 1 of 2) Defendant Canada Life Assurance Company's motion for summary adjudication is denied as to issues 1, 2, and 3. There are triable issues of material fact regarding whether Canada Life breached the contract, breached th...