Excerpt: ...the order to arbitration or until such earlier time as the court specifies. (C.C.P. sec. 1281.4.) The court previously ordered that the parties submit Plaintiff's non‐PAGA claims to arbitration after Defendant Binary Capital Management, LLC (“Binary”) moved to compel arbitration. (See Baker Decl., Exhs. 2, 3.) Plaintiff then proceeded to pay AAA's arbitration filing fee. (Baker Decl., paras. 5, 6, and Exhs. 5, 6.) Binary apparently became i...

Excerpt: ...d the omission, but expressly directed Defendant BSI, “In the future, Defendant must comply with the meet and confer requirement prior to filing a motion to strike. (See Code of Civ. Proc. 435.5.)” (Minute Order, April 11, 2018 (last paragraph). Instead of meeting and conferring in person or by telephone, Defendant BSI merely sent a letter. The supporting declaration does not indicate any attempt to meet in person or by phone, as specified by...

Excerpt: ...is interrogatory, limited to prior incidents (dating back three years before Plaintiff's alleged incident) in the women's department of the Macy's in question. “PREMISES” is defined in the interrogatories to mean the entire Macy's store, which is overbroad given that the alleged incident occurred in the women's department, which itself is sizeable. Defendant's relevance argument lacks merit. Evid. Code § 210 (broadly defining relevant eviden...

Excerpt: ...ndants concede they have no breach of fiduciary duty claim against Plaintiff and do not intend to assert one, appears outside the scope of permissible discovery as to this responding party. Code Civ. Proc. § 2017.010. Plaintiff's request for monetary sanctions is DENIED. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal o...

Excerpt: ...) Defendant's Motion to Compel Documents Responsive to Defendant's requests for production of documents (set one and two), is GRANTED. Plaintiff is to produce all responsive documents, to the extent any exist, as to these requests. Alternatively, as Defendant proposed, Plaintiff may instead provide a signed verification that the documents provided by CrossDefendant Nordeman are the only documents that exist responsive to Defendant's requests. (3)...

Excerpt: ...ers, Inv. v. Municipal Court (1978) 21 Cal.3d 724. Therefore, on the court's own motion, the complaint is stricken with 30 days' leave to file an amended pleading if plaintiff retains an attorney. The demurrer is moot. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is re...

Excerpt: ...ntially completed on September 19, 2007. (5th Am. Complaint ¶ 51.) Therefore, the deadline was September 18, 2017. Plaintiff named the AC&H for the first time in the Third Amended Complaint, which was filed October 24, 2017, one month after the 10‐year deadline. Plaintiff contends that AC&H was timely named in June 22, 2017, when Plaintiff substituted AC&H for Doe 16. The argument lacks merit. “Even if a plaintiff meets the other requirement...

Excerpt: ...t the scope of these requests to information pertaining to conduct similar to the allegations in Plaintiff's Complaint. Plaintiff also agreed to limit the timeframe from January 1, 2010 to the present. (Decl. Loh ¶ 7, Exhibit 3.)  GRANTED as to Request for Production (Set One), Request No. 18 and Request for Production (Set Two), Request No. 57. Defendant iPASS, INC. is ordered to serve full and complete, verified responses to the foregoing d...

Excerpt: ... the subject property. Thus, the two year statute of limitations under Code of Civil Procedure section 339(1) does not apply to Defendant. Although section 339(1) “generally” applies to claim for professional negligence (Thomson v. Canyon (2011) 198 Cal. App. 4th 594, 606), the limitations periods of sections 337.1 and 337.15 are specific to claim for design defects in the construction of real property. Sections 337.1 and 337.15 apply to a cl...

Excerpt: ...tion of plaintiff's total recovery nor defendant's proportionate share of that liability. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...

Excerpt: ...version for the Court's signature. Defendant correctly notes that cases should normally be prosecuted under the parties' true names. Code Civ. Proc. § 367. However, this rule is not absolute. Courts have authority to permit the use of pseudonyms in various circumstances, such as where doing so is necessary to protect against harassment, injury, embarrassment, and social stigmatization. See, e.g., Does I thru XXIII v. Advanced Textile Corp. (9th ...

Excerpt: ...August 31, 2018 at 9:00 a.m. in the Law and Motion Department so that the parties may meet and confer. Defendant is required to file, no later than 7 days prior to the new hearing date, a code‐compliant declaration stating either (1) the parties have met and conferred in person or by telephone and (a) the parties have resolved the objections raised in the motion, which shall be taken off calendar or (b) the parties did not reach an agreement re...

Excerpt: ...for “Wrongful Trustee Sale,” the claim lacks merit for multiple reasons, first because Eagle Vista played no part in the trustee's sale. Plaintiff contends the banking entities that foreclosed upon and sold Plaintiff's home, whom Plaintiff has dismissed from the case with prejudice, lacked the authority to foreclose and failed to comply with various statutory requirements pertaining to a non‐judicial foreclosure sale. This argument/cause of...

Excerpt: ...LEAVE TO AMEND. Plaintiff has not established that he is entitled to recover punitive damages. (See Gov. Code § 818 [“Notwithstanding any other provision of law, a public entity is not liable for damages awarded under Section 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant.”.) The motion to strike the relief sought in paragraphs 2, 3 and 4 of the Relief Sought & Compensa...

Excerpt: ...les of Court, Rule 2.112, including by separately listing each cause of action, its nature, and the defendant to whom it is directed. The demurrer based on failure to comply with the claims presentation requirement in the Government Claims Act (Gov. Code §§ 900, et seq.), is SUSTAINED WITH LEAVE TO AMEND for Plaintiff to allege facts to support such compliance. Although Plaintiff generally alleges he complied with the claims presentation requir...

Excerpt: ...ubstantive allegation is that Old South performed services for which it received payment from Crosscomplainants. The allegations, if proven, could support a jury's finding that Old South was a party to the implied‐in‐fact contract with Cross‐complainants. Demurrer to the fourth cause of action (unfair business practice) is overruled. A corporate plaintiff may not bring a representative suit under the Unfair Competition Law. (Linear Technolo...

Excerpt: ...mplaint (TAC). On 2‐8‐18, when Defendants filed the motion, the operative Complaint was Plaintiff Ryce's First Amended Complaint (FAC), filed 3‐17‐17. Thereafter, on 3‐18‐18, Plaintiff filed a Second Amended Complaint (SAC), and then on 6‐13‐18, filed a Third Amended Complaint (TAC), which currently serves as the operative pleading. Defendants have filed a Demurrer to the TAC, which is set for a hearing on 8‐21‐18. The TAC sup...

Excerpt: ...vice of the verified responses, or any supplemental verified response, or on or before any specific later date to which the parties agree in writing, or the propounding party waives any right to compel further response. (C.C.P. sec. 2030.300(c).) The court lacks jurisdiction to order further response where a motion to compel is not timely filed. (Vidal Sassoon, Inc. v. Sup. Ct. (1983) 147 Cal.App.3d 681, 685.) There is no dispute that Plaintiff s...

Excerpt: ...bd. (a).) Further, NICOLOSI does not specify in the Notice of Motion or Points and Authorities that the motion is based on any judicially noticeable matter. (Id. section. 437, subd. (b.)) Even if the Court were to consider the matters set forth in the moving Declaration of Franck, the Court would find that the Roe amendment is not necessarily improper. Although L & J possibly knew the name “Axalta” when filing the cross‐complaint, the oppos...

Excerpt: ...urt previously ruled on Defendant's motion to tax costs, the judgment had not been satisfied as of the time Plaintiff claimed costs. Plaintiff filed the present motion on June 26, 2018. There is no evidence before the court that Defendant satisfied the judgment before Plaintiff filed the present motion. Therefore, the motion is timely. Plaintiff's motion sets forth a prima facie showing of hours incurred for enforcement of judgment, as well as ea...

Excerpt: ...ation was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (See Code of Civ. Proc. § 1008(a).) Further, notwithstanding this procedural defect, Plaintiff has not presented any new or different facts, circumstances or law to warrant reconsideration of the Order. Defendant's request for judicial notice is GRANTED. If the tentative ruling is un...

Excerpt: ...ired by Code Civ. Proc. § 439, which requires that the parties (or their attorneys, if represented) actually speak to each other, or make a genuine attempt to speak to each other, either in‐person or by phone, regarding the substance of the motion. An exchange of correspondence does not suffice. Attorney Pappas' 5‐ 15‐18 declaration (filed 5‐17‐18) does not comply with this requirement. It refers only to two emails, and provides no ind...

Excerpt: ...even if it did, the FAC would still state a cause of action for unlawful detainer. Defendant shall Answer the Complaint within five (5) days of Notice of Entry of this Order. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords suffi...

Excerpt: ...o comply with CRC Rule 3.1350. Defendants set forth 109 facts that they contend are material for disposing of the entire complaint. (See Moving Separate Statement at pp.1‐22.) Defendants then repeat the same 109 facts and same evidence in support of summary adjudication as to the second through tenth causes of action (but not the first cause of action). This style of Separate Statement, while convenient for the moving party, violates the requir...

Excerpt: ...n May 4, 2018 as payment for the judgment. In support, Defendant relies on Gray1 CPB LLC v. SCC Acquisitions, Inc. (2015) 233 Cal.App.4th 882 (“Gray”). In Gray, the debtor tendered a cashier's check for more than the amount owed on the judgment, and the creditor proceeded to file a Memorandum of Costs After Judgment and then cashed the cashier's check. The Gray court held that if the judgment creditor is presented with a check for the full am...

Excerpt: ...on. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...

Excerpt: ...was filed on July 12, 2018, there was insufficient time to consider the matter prior to the current hearing date. As a result, the hearing on the demurrer is continued to July 26, 2018. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling af...

Excerpt: ...ge log, and the hearing on Defendant PriceWaterhouseCoopers' Joinder in the same motion, is continued to Aug. 3, 2018 at 9 a.m. in the Law & Motion Dept. In part due to documents being filed under seal, the Court has not had sufficient time to review LocusPoint's Reply papers. No later than July 25, 2018, each party may (but is not required to) file an additional brief not exceeding two pages, further addressing the following issues: (a) how many...

Excerpt: ...5 lodestar enhancement, for a total of $56,895.00. Of the $37,930.00 attorneys' fees, Plaintiff seeks $10,155.00 for work performed by the Knight Law Firm (“Knight firm”) and $27,775.00 for work performed by Hackler Daghighian Martino & Novak, P.C. (“HDMN”). In opposition, Defendants FCA US LLC and KTP Cars, Inc. (“Defendants”) object to both the hourly rates and the claimed time spent by the attorneys. 1. THE KNIGHT FIRM a. Hourly ra...

Excerpt: ...or breach of contract is SUSTAINED WITH LEAVE TO AMEND. Code Civ. Proc. §430.10(e). Separate and apart from Plaintiff's third‐party beneficiary claim (see Second Cause of Action), the FAC does not properly allege the existence of any written or oral contract between Plaintiff and Manor. Plaintiff argues the HOA's CCRs and/or Bylaws constitute a “three‐party contract” between Plaintiff, the HOA and Manor because they reference the HOA's r...

Excerpt: ...f Civ. Proc. §§2030.300, subd. (b) [interrogatories], 2033.290, subd. (b) [admissions] and 2031.310, subd. (b)(2) [documents].) Failure to comply with this requirement constitutes a “misuse of discovery.” (Id. §2023.010, subd. (i).) Defendant's motion fails to comply with this requirement. The correspondence between Defendant Goldbeck and Plaintiff do not satisfy the meet‐andconfer requirement because Defendant Goldbeck is not the party ...

Excerpt: ... Friday, June 15, 2018, instead of Monday, June 18, 2018. Plaintiff still had time to timely file and serve an opposition though, and has not established any prejudice from the shortened notice. Nevertheless, Plaintiff did not substantively oppose the motion, and therefore the motion is continued to allow Plaintiff time to file a substantive opposition. Plaintiff's supplemental opposition is to be filed and served by August 3, 2018. Defendant's s...

Excerpt: ...fendant HASKEW, the Complaint alleges, or at least strongly implies, that a portion of damages caused by Clark might have been avoided or mitigated if Defendant HASKEW had discovered Clark's wrongful acts and reported them to the Plaintiff's Board sooner than Plaintiff eventually learned of Clark's acts. To this extent, at least some of the losses litigated in the Clark Litigation were possibly avoidable and are alleged to flow from the alleged n...

Excerpt: ...the hearing date. If the notice is served by overnight delivery, the notice period shall be increased by two court days. The court cannot cure a notice defect by continuing the hearing. Instead, the notice period must begin anew. Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1268‐1268. Although plaintiff has not objected to the lack of statutory notice, a waiver of the notice period should not be inferred from silence. Urshan v. Musicians' Cre...

Excerpt: ... described Contract was, and is, subject to the provision of the Rees – Levering Motor Vehicle Sales and Finance Act (ASFA), Civil Code Section 2981—2984.4. (See Paragraph 8 at Pg. 2 of Complaint). Defendant, in answering the complaint, raises five (5) affirmative defenses directly related to ASFA. At no point in time during the course of the litigation did Plaintiff ever amend its complaint to remove or strike the contention that the contrac...

Excerpt: ...zi in Support of Motion to Enforce Settlement Agreement, filed March 15, 2018.) Plaintiff's motion for attorney's fees is granted in the amount of $64,142.50. Defendant shall pay said amount to Plaintiff on or before 8‐13‐18. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to Ca...

Excerpt: ...lished the service. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...

Excerpt: ...weighs James Jin Qing Li's (“Li”) privacy objection. J.P. Morgan Chase Bank is ordered to provide the records requested in Plaintiffs' subpoena that was issued on February 14, 2018. (See Plaintiffs' Revised Exh. 1.) (2) The motion as to the subpoena to Wells Fargo is DENIED. Plaintiffs have not established that the subpoena was served on all of the individuals and/or entities identified in the subpoena. Plaintiffs served a “Notice to Consum...

Excerpt: ...ani Decl., on 3‐14‐16, Plaintiff Cassidy signed an agreement requiring the arbitration of employment‐related disputes. Plaintiff's asserted claims here fall within the parties' agreement, which is enforceable. Armendariz, supra, 24 Cal.4th 83. Accordingly, the motion is granted, and the case is STAYED pending resolution of the arbitration. Code Civ. Proc. Sect. 1281.4. Plaintiff's Opposition disputes defense counsel's contention that Plaint...

Excerpt: ...eparate Statement of Requests and Responses at issue. (See CRC Rule 3.1345.) No later than 14 calendar days after Plaintiff files and serves the Separate Statement, Defendant Quality shall serve a privilege log in compliance with Code of Civil Procedure section 2031.240, subdivisions (b) and (c), identifying every document withheld under privilege. The log shall set forth sufficient information to disclose the factual and legal basis of the claim...

Excerpt: ...onsequently, the hearing on the motion is continued to August 20, 2018 at 9:00 a.m. in the Law and Motion Department so that the parties may meet and confer. The moving party is required to file, no later than 7 days prior to the new hearing date, a code‐compliant declaration stating either (1) the parties have met and conferred in person or by telephone and (a) the parties have resolved the objections raised in the motion, which shall be taken...

Excerpt: ...loy indicates only that def attempted to meet and confer with respect to a prior demurrer. Consequently, the hearing on the demurrer is continued to August 9, 2018 at 9:00 a.m. in the Law and Motion Department so that the parties may meet and confer. The demurring party is required to file, no later than 7 days prior to the new hearing date, a codecompliant declaration stating either (1) the parties have met and conferred and (a) the parties have...

Excerpt: ...ee 4‐12‐18 Minute Order), MERS is not a party to the case. Because this appears to have been a typographical error in the Notice and was not raised in the Opposition, however, the Court will address BANA's Demurrer to the SAC on the merits. The Court notes that following the Court's 4‐12‐ 18 Order sustaining BANA's Demurrer to the FAC, Plaintiff filed the present SAC, which differs from the FAC only with respect to two sentences (the last...

Excerpt: ...ilders.” Moreover the facts alleged by Plaintiff support that Defendant Mohammad Mortazavi is liable as a builder. Plaintiff alleges that it provided written notice of the defects to Defendant Mortazavi pursuant to section 895 et seq., and further provided an additional list of defects following additional investigation and testing. (Comp. para. 18.) Also, despite a comprehensive investigation by both Plaintiff and Defendant Mortazavi, Defendan...

Excerpt: ...tzah states only that he wrote a meet and confer letter to plaintiff's counsel. Consequently, the hearing on the demurrer is continued to August 10, 2018 at 9:00 a.m. in the Law and Motion Department so that the parties may meet and confer. The demurring party is required to file, no later than 7 days prior to the new hearing date, a code‐compliant declaration stating either (1) the parties have met and conferred and (a) the parties have resolv...

Excerpt: ...hem, are enjoined from 1) withdrawing, transferring or using any funds in Wells Fargo Bank Account Nos. 6403387514 and 4155001278 for any purpose other than for the sole benefit of GICC per a request made by a board member of GICC; and 2) taking any action to sublease, license or occupy any space currently occupied by the GICC under the terms of the GICC license granted by the California Department of Social Services. Plaintiffs have shown that t...

Excerpt: ...s) Demurrer to Plaintiffs John and Carolyn Booth's First Amended Complaint (FAC), filed 4‐30‐18, is SUSTAINED WITH LEAVE TO AMEND on grounds the FAC does not sufficiently identify/specify which factual allegations are directed against which Trustee Corps. The FAC asserts claims against the loan servicer (Shellpoint), the foreclosure trustee (Trustee Corps), and the alleged beneficiary of the loan and buyer of the property (Bank of New York Me...

Excerpt: ... Fourth Causes of Action (“To Set Aside Illegal Foreclosure,” “Elder Financial Abuse,” and “Unfair Business Practices”), the Demurrer is SUSTAINED WITH LEAVE TO AMEND on grounds the FAC does not sufficiently identify which factual allegations are directed against each named Defendant. The FAC asserts claims against the loan servicer (Shellpoint), the foreclosure trustee (Trustee Corps), and the alleged beneficiary of the loan and buye...

Excerpt: ...ion against Defendant. The claims in the FAC appear to be based on the allegations that: (1) Defendant's lacked standing to record or transfer and convey any interest in Plaintiffs' property because the original lender, SCME Mortgage Bankers, Inc., did not assign any rights or interest in Plaintiffs' note and Deed of Trust, and (2) Defendant failed to contact Plaintiffs to explore options to avoiding foreclosure 30 days prior to recording the Oct...

Excerpt: ...st the “disentitlement doctrine” properly should have been raised in the appellate court, not in opposition to a motion to set attorney's fees after the Court of Appeal granted them. Plaintiff Renee Glover CHANTLER shall recover from Defendant RAMIN YEGANEH and his attorney William E. Gilg jointly and severally the amount of $8,120.00. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plai...

Excerpt: ...(2014) 59 Cal.4th 602, 608.) Where a statute provides for attorney fees, they are generally available both at trial and on appeal. (Morcos v. Board of Retirement (1990) 51 Cal.3d 924, 927.) In this case, prior awards of attorney's fees have been granted by statute under Code of Civil Procedure section 1021.5. Accordingly, Judgment Creditor is also entitled to an award of attorney's fees on appeal based on section 1021.5. Defendant Ramin Yeganeh i...

Excerpt: ...s to be misfiled, and it was not given a hearing date. Upon transfer from Contra Costa Superior Court, the case of Rael & Letson v. Cassano was assigned case number 18 CIV 02671. Defendant Cassano, however, filed his motion in the case of Rael & Letson v. Haskew (17 CIV 05483) at a time when the two cases had not been consolidated. The motions by both Defendants seek to strike attorney's fees and costs damages. In addition, the motion by Defendan...

Excerpt: ...Environmental Services, Inc., Langan Engineering Environmental Surveying and Landscape Architecture DPC dba Langan Engineering Environmental Surveying and Landscape Architecture, Treadwell & Rollo, Inc. and T&R Consolidated, Inc. (collectively “Defendants”) to the First Amended Complaint of Plaintiff KB Home South Bay, Inc. (“Plaintiff”) is ruled on as follows: Demurrer to the Fourteenth Cause of Action for Successor‐in‐Interest Corpo...

Excerpt: ...such as oversight, inadvertence, neglect, mistake or other cause, are insufficient grounds to deny the motion unless accompanied by bad faith.” (Silver Organizations Ltd. v. Frank (1990) 217 Cal. App. 3d 94, 99 [permitting crosscomplaint on “eve of trial”].) The provision for allowing of compulsory cross‐complaints “shall be liberally construed to avoid forfeiture of causes of action.” (CCP § 426.50.) A “strong showing of bad faith...

Excerpt: ...e time for service is increased by “two court days.” (Code of Civ. Proc. § 437c, subd. (a)(2).) The 75th calendar day before the July 6, 2018 hearing date was April 22, 2018, a Sunday. Adding “two court days” extends the service deadline to Thursday, April 19, 2018. Defendant served this motion on Friday, April 20, 2018, one day too late. “The statutory language regarding minimum notice is mandatory, not directive.” (Urshan v. Musici...

Excerpt: ...onic service. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...

Excerpt: ...o less restrictive means to protect the privacy interest. Absent sealing, the private information would be publicly available. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...

Excerpt: ...use of Action for Equitable Contribution is OVERRULED. Defendant argues that equitable contribution does not apply because Plaintiff and Defendant are not coobligors, focusing on the allegation that Plaintiff never had, and does not have a duty to defend CrossChannel in the underlying suit. (See Comp. ¶ 30.) However, Plaintiff also alleges that both Plaintiff and Defendant issued policies to CrossChannel, that Plaintiff agreed to provide a defen...

Excerpt: ...ation on the Merits. In the First Action (Case No.16 CIV 02108), the Court sustained demurrer without leave to amend. Judgment, however, was never entered. Regardless, Plaintiff filed a Dismissal with Prejudice on August 29, 2017. The voluntary Dismissal with Prejudice satisfies the “judgment in prior action” requirement. (Roybal v. Univ. Ford (1989) 207 Cal. App. 3d 1080, 1085.) 2. The Parties Between the Two Actions Are “Identical.” Alt...

Excerpt: ...ld be promoted by the change of venue. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...

Excerpt: ...t INTERSTATES VANLINES, LLC. (Decl. Kutsevol, Exhibits A‐F.) They are non‐signatories to the Forum Selection Clause contained in Exhibits C and D, and thus have no standing to enforce it against Plaintiff. Moreover, the Forum Selection Clause expressly states that it applies only as between INTERSTATES VANLINES, LLC and Plaintiff, and not to any “agents, contractors, employees, and representatives”. (Decl. Kutsevol, Exhibits C and D at Se...

Excerpt: ...e insufficient to support disqualification under Calif. Rule of Professional Conduct 3‐310. First, the evidence does not sufficiently demonstrate the formation of an attorney‐client relationship. The Court acknowledges that meeting with a potential client can, in some circumstances, create an attorney‐client relationship. Here, the motion is based on a 30‐minute meeting held over three years ago, in May 2015, between Plaintiff Vida's mana...

Excerpt: ...GROUP, INC. TENTATIVE RULING: The hearing on this motion is continued to August 13, 2018 at 9:00 A.M. to set. This order supersedes the Stipulation and Order filed 06‐25‐18. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords su...

Excerpt: ...acts to constitute a defense. CCP §438(c)(1)(A). Judgment shall be entered in favor of Plaintiff in the amount of $3,394.22. Costs may be sought pursuant to applicable post judgment procedures. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ...

Excerpt: ...led to take the property by eminent domain, that it has deposited the amount of probable compensation with the State Treasurer and that it will suffer substantial harm if possession is delayed until judgment is entered. In contrast, Defendant's objection does not provide any facts to show that it will suffer harm as a result Plaintiff's prejudgment possession. If the tentative ruling is uncontested, it shall become the order of the Court, pursuan...

Excerpt: ...urden of demonstrating the Court has personal jurisdiction over Mr. Peterson. As to Mr. Peterson, this is not a breach of contract case. The Second Amended Complaint (SAC) asserts claims against Peterson for conversion and conspiracy. In their Opposition papers, Plaintiffs point to evidence that (a) Peterson signed a “contract” (a “Scope Letter”) on co‐Plaintiff Black Pine Group, LLC's letterhead showing a Black Pine company address in ...

Excerpt: ...hird Amended Complaint of Plaintiff Jane Doe #2 (“Plaintiff”), is ruled on as follows: (1) Defendant's motion to the Seventh Cause of Action for Negligence Per Se and Eighth Cause of Action for Negligent Infliction of Emotional Distress is DENIED. Both the Seventh and Eighth Causes of Action allege that Defendant breached its mandatory duty to report child sexual abuse of Plaintiff when it had knowledge and information sufficient to create a ...

Excerpt: ...lt Judgment Is Void. If the complaint fails to state a claim against a defendant, then a default judgment is erroneous. Relief awarded in a default judgment is limited to the prayer and “by the substantive allegations of the complaint. . . . [I]t is error to enter a default judgment on a complaint that fails to state a cause of action against the defaulting defendant.” (Ferraro v. Camarlinghi (2008) 161 Cal. App. 4th 509, 539.) “If the comp...

Excerpt: ...��producing conduct that is the foundation for the claim. If the injury‐producing conduct on which the claim is based does not rest on protected speech or petitioning activity, then “collateral or incidental allusions” to protected activity will not invoke the anti‐SLAPP statute. The claim must be based on “an act in furtherance of” the defendant's right of petition or free speech. (Hunter v. CBS Broadcasting, Inc. (2013) 221 Cal. App...

Excerpt: ...s of the April 27, 2017 is GRANTED in an amount to be determined by subsequent noticed motion. There is no dispute that the parties entered into a confidential settlement agreement on April 27, 2017 which provided in part that “This Agreement shall be binding and final whether or not a formal agreement is executed.” There is no dispute that the April 27, 2017 Agreement does not expressly state that the Settlement includes an Indemnification p...

Excerpt: ... entirety. The Court finds that these causes of action are sufficiently stated. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...

Excerpt: ...dum of Points and Authorities a “Matrix of Targeted Allegations and Legal Authorities” that is 24‐pages long identifying the portions it is seeking to strike as well as the legal basis for striking each portion. While Defendant may have intended for this Matrix to be helpful in light of the numerous provisions it is seeking to strike, the court notes that Defendant includes arguments in the Matrix that are not in the Memorandum of Points an...

Excerpt: ...rceable, for failure to comply with Code of Civil Procedure section 2032.320, subdivision (d). Before this motion was filed, Plaintiff never offered this as an explanation for her failure to appear. Regardless, the Minute Order is enforceable under Bittle v. Superior Court (1976) 55 Cal.App.3d 489 and Carpenter v. Superior Court (2006) 141 Cal.App.4th 249, 269‐270, both of which Plaintiff relies on. All of the requisites of Section 2032.320(d) ...

Excerpt: ...ted duration of the appeal. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.. ...

Excerpt: ...to allow Plaintiff's counsel time to address the fact that Plaintiff is deceased, either through appointment of a personal representative, a successor‐in‐interest, or otherwise. Code Civ. Proc. § 377.31. Prior to the continued hearing date, either party may file additional documents/evidence with the Court, should they choose to do so. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(...

Excerpt: ...ff and interested party Irlanda Fuentes‐Perez by Nationwide Legal LLC. However, there is no declaration from the individual at Nationwide Legal as to the actual delivery of the motion. The court also notes that PV Holding Corp. was not served with the motion. Although it has been dismissed by plaintiff, the settling party needs to show that its rights would not be affected by the good faith determination. Indemnity claims by other joint tortfea...

Excerpt: ...ourth Causes of Action are barred by the statute of limitations is OVERRULED. The one‐year statute of limitations begins to run “after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission….” (C.C.P. sec. 340.6.) Although Plaintiff alleges a number of wrongdoings and/or omissions by Defendant, Plaintiff alleges at least in part that she did not disco...