Excerpt: ...al., Defendant. ELIZABETH KARNAZES; Cross‐Complainant, v. DAVID MELCHNER, JOHN J. HARTFORD, et al., Cross‐Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CIV458258 Assigned For All Purposes to Hon. Danny Y. Chou ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR ATTORNEY'S FEES AND COSTS Cross‐Defendant and Judgment Creditor John Hartford's Motion for Attorney's Fees and Costs (Motion) originally came for hearing ...

Excerpt: ...ursuant to a Code of Civil Procedure section 998 offer (Section 998 Offer). There is, however, a dispute over the amount of fees that may be recovered by Defendant. Defendant contends she is entitled to recover $25,337.50 in fees. Plaintiff Midland Credit Management Inc. counters that Defendant should be awarded no more than $4,147.50. Using the lodestar method, the Court awards Defendant $11,450 in attorney fees. 1. Hourly Rates Defendant claims...

Excerpt: ...n from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Guerrero v. Pacific Gas & Electric Co. (2014) 230 Cal.App.4th 567, 571.) Fraud must be pled �...

Excerpt: ...als. In entering a judgment, the Court must find in favor of one party. Kosta, Practice Under the California Environmental Quality Act §§ 23.117 et seq. The Court finds that Plaintiffs are the prevailing party and judgment should be entered in their favor. This finding includes taking into consideration that the parties have stipulated to dismiss the second cause of action. Plaintiffs and respondent City of Pacifica apparently agree that the Co...

Excerpt: ...��) demurs to the First Amended Complaint (the “FAC”) and each cause of action therein on the grounds of (1) uncertainty and (2) failure to state facts sufficient to constitute a cause of action. As a preliminary matter, Defendant did not offer any argument or authority regarding any uncertainty in the FAC, and thus the Court overrules the portion of the demurrer made on those grounds. (See Quantum Cooking Concepts, Inc. v LV Assocs., Inc. (2...

Excerpt: ..., or alternatively, a stay of Plaintiff's action on grounds of forum non conveniens. Defendants have not met their burden of demonstrating “extraordinary circumstances” justifying dismissal of this action. Plaintiff is a California resident and Defendants have their principal places of business in California. Defendants have provided no authority supporting dismissal of an action on grounds of forum non conveniens where all parties reside in ...

Excerpt: ...tion asserts three grounds to challenge testimony that consists of multiple statements. The Court cannot discern which statements are subject to which objection. Further, Objections 2 and 3 challenge evidence supporting Bomel's Material Facts 29 and 30, which Plaintiff responds as “undisputed.” Further, the objections appear to have been waived. The challenged testimony repeats much of the material that Plaintiff moving papers submitted into ...

Excerpt: ...tion is DENIED. Defendants seek to compel a portion of this PAGA action to arbitration, pursuant to the an arbitration agreement set forth in Field Nation, LLC's “Provider Terms and Conditions.” Agreements to arbitrate are valid, irrevocable, and enforceable. (9 U.S.C. § 2.) And, when litigating parties have agreed to arbitrate a dispute, either party may petition for an order compelling the dispute to arbitration and staying judicial procee...

Excerpt: ...IE WONG. Plaintiff properly served Defendants B. CLAIRMONT, M. CLAIRMONT, and DENISE RUBEY by electronic service, pursuant to Code of Civil Procedure section 1010.6(e).) Each of these defendants is represented by counsel, and Plaintiff's counsel confirmed the validity of their respective attorneys' email addresses. Defendant YANNIE WONG is self‐represented. Section 1010.6 is silent on the subject of e‐service on unrepresented parties, other t...

Excerpt: ... PORTFOLIO SERVICING, INC. TENTATIVE RULING: Defendants' Demurrer to Plaintiff's Complaint is SUSTAINED as to each Cause of Action (“COA”) with leave to amend pursuant to Cal. Code of Civ. Proc. § 430.30(e). 1st COA – Negligence Plaintiff alleges that “On or around the year, 2007, Plaintiff via Elizabeth B. Shoaga, was approved and accepted to purchase the same property subject to the existing loan or liens or the alternative pursue a �...

Excerpt: ...e prevailing party on his anti‐SLAPP motion,” “is entitled to reasonable attorney's fees and costs incurred in establishing his entitlement to fees and costs under [Code of Civil Procedure] section 425.16, subdivision (c) and in defending the validity of his judgment for those fees and costs.” (Nov. 18, 2021 Order, at p. 6.) Thus, Hartford is entitled to recover his reasonable attorney fees and costs incurred in protecting the validity an...

Excerpt: ...n the complaint and the reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Guerrero v. Pacific Gas & Electr...

Excerpt: ...ve two opportunities to do so, the Court ADOPTS its October 6, 2022 tentative ruling. The Court reproduces its October 6, 2022 tentative ruling below: Plaintiff's Motion to Seal Certificates of Merit, Permit Service on Doe Defendants, Permit Plaintiff to file an Amended Complaint, and Permit Plaintiff to Proceed Under a Fictitious Name is DENIED IN PART AS MOOT and DENIED IN PART WITHOUT PREJUDICE. Plaintiff's request to seal the Certificates of ...

Excerpt: ...und in Part 2 of the Code of Civil Procedure—does not apply to this conservatorship proceeding. As this Court previously explained, “the California Supreme Court, over 80 years ago, held that a conservatorship proceeding under Insurance Code sections 1010 to 1062 is a special proceeding that is not subject to the provisions of Part 2 of the Code of Civil Procedure. (See Carpenter v. Pacific Mutual Life Ins. Co. of Cal. (1937) 1.0 Cal.2d 307, ...

Excerpt: ...h 279, 293.) However, the right depends on a timely demand; the failure to demand a jury trial t in a timely manner may constitute a waiver of the right. (Code Civ. Proc., § 631; Grafton Partners L.P. v. Superior Court (2005) 36 Cal.4th 944, 955.) Further, even if a timely demand has been made, the demanding party's failure to post jury fees before “the initial case management conference” constitutes a waiver of the right to jury trial. (Cod...

Excerpt: ...ree that the arbitration provision states that “[a]ll disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association” (AAA). As explained below, the Court denies the Motion because Petitioner has not made proper demand for arbitration as required by the parties' written agreement. A party seeking to compel arbitration pursuant to Code of Civil Procedure section 1281.2 must “p...

Excerpt: ...or before November 1, 2022. Defendants contend, first, that Plaintiff's claim is barred by the applicable statute of limitations. According to Defendants, Plaintiff's claim is subject to a 6‐month statute of limitations under CCP § 473, and a 2‐year statute of limitations under CCP § 473.5. Defendants further contend that Plaintiff's claim is subject to a 3‐year statute of limitations applicable to “An action for relief on the ground of...

Excerpt: ... a duty to meet‐and‐confer in good faith. “The statute requires that there be a serious effort at negotiation and informal resolution. . . . Argument is not the same as informal negotiation; that attempting informal resolution means more than the mere attempt by the discovery proponent to persuade the objector of the error of his [or her] ways; and that a reasonable and good faith attempt at informal resolution entails something more than b...

Excerpt: ...pon the facts of this case. Costs of partition include “[r]easonable attorney's fees incurred or paid by a party for the common benefit.” (Code of Civ. Proc. § 874.010(a).) The Court can award attorneys' fees to a defendant who opposes partition. (Orien v. Lutz (2017) 16 Cal.App.5th 957, 967 citing Riley v. Turpin (1960) 53 Cal.2d 598, 601‐603.) The motion is properly brought post‐judgment. (Code of Civ. Proc. §§ 874.010, 1033.5(b).) P...

Excerpt: ...ndant seeks to tax various costs identified in Plaintiff's memorandum of costs. If items on their face appear to be proper charges, the verified memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to tax costs to show they were not reasonable or necessary. Citing Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774‐776, Defendant notes that “Items that are properly objected to...

Excerpt: ...the arbitration fee provision is enforceable is immaterial because nothing in the arbitration clause suggests that attorney's fees are recoverable by either party in a civil action. The provision states, “Any arbitration award” shall include an award of reasonable attorney's fees and costs to the prevailing party. It is silent on whether fees are recoverable in a civil action. The arbitration provision has nothing to do with entitlement to at...

Excerpt: ...ty or Second Cause of Action for Negligence pursuant to Cal. Code of Civ. Proc. § 437c(p). Plaintiff's Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code §452(a), (b). Defendant's Objections Nos. 2 and 3 to the Wong Decl., ¶6, and Rencher Decl., ¶9, respectively, each relating to Exh. E in Defendant's Compendium of Evidence are SUSTAINED. Defendant's remaining objections are OVERRULED. Plaintiff's objections presented only ...

Excerpt: ...fore November 14, 2022. Defendant establishes that it properly noticed Plaintiff's deposition for August 16 and 17, 2022 at the San Mateo County Attorney's Office in Redwood City, and that Plaintiff failed to appear for her deposition. (See Cruz Decl., ¶¶ 1, 15, and Exs. A and N.) Plaintiff does not dispute that Defendant is entitled to take her deposition for two additional days, but instead argues that Defendant should only be permitted to ta...

Excerpt: ...ovision in the Retail Installment Sales Contract (“RISC”) entered between Plaintiff and Napa Ford Lincoln on grounds of equitable estoppel. Napa Ford Lincoln is not a party to this lawsuit. The arbitration provision states, in pertinent part: Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you an...

Excerpt: ... attorney's fees). Having reviewed the parties' briefing and supporting evidence, the Court finds that Plaintiff's Application satisfies the requirements of Sect. 483.010(a). Plaintiff has met its burden of showing (1) the claim upon which the attachment is based is one upon which an attachment may be issued (Defendant Li's alleged breach of the guarantee agreement), (2) Plaintiff has established the probable validity of its claim (see Code Civ. ...