Excerpt: ...ot deemed filed merely by virtue of the Court granting leave to amend. A proposed amended pleading must be separately filed with the Clerk's office after leave to amend has been granted. Here, the “First Amended Cross‐Complaint” (FACC) at issue in this Motion to Strike has not been properly filed with the Court. The Court's 12‐5‐19 Order merely granted the Hogans leave to file it. However, notwithstanding this procedural defect, under t...

Excerpt: ...written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement. (c) A party to the arbitrati...

Excerpt: ...and then has taken the motion offcalendar, refiled it and continued the hearing date due to Plaintiff's counsel's medical issues. On January 17, 2020, this motion was set for hearing. Plaintiff filed no opposition, but after the date the opposition was due, Plaintiff's counsel requested a continuance for medical reasons. Over defense objections on the basis that the hearing had been continued previously and defense counsel did not want to incur u...

Excerpt: ...e liability. The Moving Defendants have submitted only the declaration of their attorney, Daniel Cribbs. The declaration provides no facts, based on discovery or otherwise, relating to Plaintiff's anticipated recovery or Defendants' proportionate liability. As a result, the motion must be denied. Greshko v. County of Los Angeles (1987) 194 CA3d 822, 834; Mattco Forge, Inc. v. Arthur Young & Co. (1995) 38 CA4th 1337, 1351.” At the hearing, Movin...

Excerpt: ...e Civ. Proc. § 187. On 1‐29‐19, Plaintiff Homma, Inc. filed a Motion to Amend Judgment to Add Mr. Yoshiro Mikumo as an additional Judgment Debtor, pursuant to Code Civ. Proc. § 187. The initial 3‐14‐ 19 hearing date was thereafter continued multiple times, in part to allow Yoshiro Mikumo additional time to retain counsel to represent him in his personal capacity. On 6‐19‐19, the Court published a Tentative Ruling indicating its inte...

Excerpt: ...gree, an action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first.” Code of Civ. Proc. § 340.6(a)....

Excerpt: ...iscloses that she currently owns and/or has a potential beneficial interest as of February 28, 2020 of about $2,700 in Travelers Cos., Inc. Further, she discloses that she has a niece and nephew that work for Travelers Insurance Company, which may be a related company to plaintiff. The motion for entry of judgment, filed by Plaintiff Travelers Property Casualty Company of America is DENIED. To qualify for enforcement or entry of judgment under Co...

Excerpt: ...ment, the Court continued the matter to March 12, 2020 and allowed Defendants to respond to the objections. After further review of the application and all documents, the Court rules as follows. Plaintiff's evidentiary objections to the Declarations of Laurie Morgan and Andrew Engler are OVERRULED. The declaration of Laurie Morgan is based upon her personal review of nonhearsay materials and expert opinion; the Court finds she satisfies the requi...

Excerpt: ...in, and Christopher Mader, is DENIED. The gist of this action is that Defendants engaged in “overly aggressive” litigation (FAC para. 59) in order to avoid or delay paying the amounts due under the Settlement Agreement. Some of the acts supporting the claims are the filing of a cross‐complaint, four appeals, motion to stay and compel arbitration, motion for sanctions, appeal of an anti‐SLAPP order, and appeal of order granting summary adj...

Excerpt: ... wall inside the premises to create a dwelling unit.” The notice clearly informed Defendants that both (1) erecting a wall, and (2) subletting the premises, were violations of the lease. The notice was not ambiguous, irrespective of the fact that Plaintiff elected to call Defendants' activities a public nuisance. Defendants also contend the notice is defective because it was not served on the purported subtenants, and because the notice did not...

Excerpt: ... Evidence are ruled upon as follows: Obj. Nos. 1‐9. OVERRULED. Obj. No. 10. SUSTAINED. The article speaks for itself. Obj. Nos. 11‐28. OVERRULED. SUMMARY ADJUDICATION OF CAUSES OF ACTION FOR DEFAMATION AND TRADE LIBEL. Plaintiffs motions for summary adjudication on their causes of action for defamation and trade libel are DENIED. A plaintiff has met the burden of showing that they are entitled to judgment on a cause of action if they have pro...

Excerpt: ...ernative motion for summary adjudication of the open book account and account stated claims is GRANTED. Plaintiff is entitled to judgement on these claims of $23,863.82. An open book account is: 1) a detailed statement entered during the regular course of business by the creditor, which constitutes the principal record of one or more transactions between a debtor and creditor arising out of a contract or some fiduciary relations that 2) shows the...

Excerpt: ...30 p.m. The Court reminds all parties that, going forward, Law & Motion matters will be heard at 1:30 p.m. This case arises from a construction/remodel project on a residential property in Hillsborough, Ca. In this motion, the Higgins (homeowners) argue that a Mechanic's Lien recorded on 6‐15‐19 by Plaintiff/contractor Abbott + Avelar Associates, Inc. (“A+A”) should be expunged because A+A did not serve a “Preliminary Notice” on the p...

Excerpt: ...must be brought no later than “60 days after the completion of the record of the deposition.” (Code of Civ. Proc. § 2025.480, subd. (a).) The 60‐day deadline applies not only to oral depositions, but also records‐only subpoenas. (Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 131.) Respondent argues, citing no authority, that a records‐only deposition is “complete” on the date that the records are to be produced. This i...

Excerpt: ... County's 2‐28‐20 correspondence requesting that the Court vacate Plaintiff's Dismissal and grant Defendant's motion. 2‐ 28‐20 letter, citing While the Court agrees with Defendant that a Plaintiff's right under § 581(c) to voluntarily dismiss a case prior to trial is not absolute, and that this Court has the power to vacate the Dismissal and rule on Defendant's motion under the circumstances, the Court declines to do so here. The Cravens...

Excerpt: ...alifornia. Cione v. Foresters Equity Servs., Inc., 58 Cal. App. 4th 625, 642 (1997). A party may move to compel arbitration pursuant to Code of Civ. Proc. Section 1281.2. Here, there is no disagreement that the dispute arises out of the CBA (Collective Bargaining Agreement) or that the CBA contains an agreement to arbitrate. Therefore, an agreement to arbitrate the controversy exists, and the Petition to compel arbitration should be granted, unle...

Excerpt: ...“could reasonably infer that defendants acted in callous disregard of plaintiffs' rights, knowing that their conduct was substantially certain to vex, annoy, and injure plaintiffs. Such behavior justifies the award of punitive damages.” Farmy v. College Housing, Inc. (1975) 48 Cal.App.3d 166, 176 (italics in original omitted). “Oppression for which punitive damages may be awarded ‘means subjecting a person to cruel and unjust hardship in ...

Excerpt: ...PARTY BUSINESS RECORDS SUBPOENA The Petition/Motion to Compel Compliance with Third Party Business Records Subpoena is GRANTED IN PART. First, to the extent that Third Party Exponent, Inc. (“Exponent”) objects that this Petition/Motion is untimely under C.C.P. section 2025.480(b), the court finds this argument unpersuasive. C.C.P. section 2025.480(b) provides that a motion under this section shall be made no later than 60 days after the compl...

Excerpt: ...“No [] special relationship exists . . . that can impose a duty on Defendants to prevent any harm that may befall the Plaintiffs in this type of situation, where a simple employee, while off the clock, goes on to commit a personally motivated criminal act.” MPA, p.13‐14. This characterization of events is contrary to Plaintiffs' allegations in the complaint that “Defendants gave access to their employee to a private home which said employ...

Excerpt: ...ng evidence to show that discovery as to matters occurring from 2006 through 2009 are not relevant or likely to lead to any jurisdictional evidence. Since Continental has failed to show that that the design of the engine did not occur before 2010, then it has not shown Topics 1 and 2 cannot cover the prior years (as early as 2006). Further to show specific jurisdiction, the plaintiff must show that the cause of action “arises out of” or is �...

Excerpt: ... interest of about $55,000 of JP Morgan Chase & Co. stock. Plaintiff/Cross‐Defendant U.S. Bank National Association's Demurrer to Defendants/CrossComplainants Jennifer and Frank Rosenblum's 11‐21‐19 Cross‐Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Code Civ. Proc. § 430.10(e). Without chronicling the parties' extensive litigation history regarding this property (located at 35 Echo Lane in Woodside, Ca.), the Rosenblums' 11‐21‐19 C...

Excerpt: ...dvertence or excusable neglect.” CCP § 2033.300(b); see New Albertsons, Inc. v. Sup.Ct. (Shanahan) (2008) 168 CA4th 1403, 1418. While newly discovered evidence can meet this standard, Defendants have not shown that their admission resulted from “mistake, inadvertence or excusable neglect.” The evidence shows that Defendants were on notice of the existence of the French drain since March 2017. Miller decl., Ex. F, H. In fact, it was defense...

Excerpt: ... diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party; and (4) the length of time tha...

Excerpt: ...e and his proposed order was used to grant the motion. Accordingly, the Court finds proper notice. The unopposed motion for summary judgment by Defendant JOSEPH J. ALBANESE, Inc. is GRANTED. Defendant's request for judicial notice is granted as to Exhibit A (Complaint) and Exhibit I (Request for Dismissal). Defendant's request for judicial notice of Exhibits K, L, M, N, and O (Google Maps) is DENIED. The distances between two points is not part o...

Excerpt: ...se of action for declaratory relief “concerning the real party in interest on the lease.” Separate Stmt. of Amendments. Plaintiff claims it “mistakenly used the wrong legal name for the corporation in the complaint,…” Notice of Motion filed December 23, 2019 at 1:10‐12. Trial was originally set for December 2, 2019, assigned a trial judge, and trial was continued so that the Law and Motion department could decide this matter. Trial is...