Excerpt: ...his order. Defendant Siatuu seeks to set aside the default and default judgment pursuant to CCP § 473(d). Defendant contends that she “was never served” with the summons and that the judgment is void because, without proper service, the court had no jurisdiction to issue judgment. Defendant states in her declaration that “I believe I was never served with the Summons and Complaint in the Unlawful Detainer Matter. Nobody ever handed them to...

Excerpt: ... 2.6 (Kelly Dinger). Granted. The supplemental response shall indicate all titles and lines of work. 2.7 (Kelly Dinger). Granted. Even if Kelly Dinger did not attend high school or other American educational institutions, she must respond as to any “other academic or vocational institutions,” as stated in the interrogatory. 3.7 (Kelly Dinger, Bruce Dinger, and BKD). Denied as to Kelly Dinger, who responded fully and unambiguously, “No.” D...

Excerpt: ...d cause of action for breach of contract (third party beneficiary) and Third cause of action for breach of the implied covenant of good faith and fair dealing. The Court takes judicial notice of certain party admissions made by Plaintiffs and their counsel in their prior Motion for Leave to File First Amended Complaint, specifically that Plaintiff ELITE was only recently found to be a third party beneficiary in this action following “formal and...

Excerpt: ...e/exemplary damages is GRANTED WITH LEAVE TO AMEND. The FAC's allegations of “malice,” “fraud,” and “oppression” are conclusory and unsupported by specific factual allegations. Further, the facts that are alleged are not specific as to each Defendant. Instead, Plaintiff groups all Defendants together, leaving each specific Defendant guessing as to which allegation(s) pertain to it. As to each Defendant, the Complaint must plead specif...

Excerpt: ...e the general practice is to hear a motion to seal concurrently with the motion that is the subject of that request. Plaintiffs believed that the Court was indicating that no order to seal was required, when the Court was actually explaining that an ex parte order was not necessary and that the motion to seal could be calendared with the present motion to enforce settlement. There is no order permitting the sealing of documents related to this mo...

Excerpt: ...DENIED‐IN‐PART, as set forth below. The Ladnier‐Singal Family Trust is Revocable The parties dispute whether the Ladnier‐Singal Family Trust (Trust) is revocable, and thus subject to Probate Code § 18200 (creditors may reach its assets), or irrevocable. Based on the evidence submitted, the Court finds the Trust is revocable. See 5‐22‐19 Request for Judicial Notice, Ex. AB (Sacramento County Superior Court reaching the same conclusion...

Excerpt: ... allegations against Defendant JP Morgan Chase. Further, where an action is based on an alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written instrument must be attached and incorporated by reference. Otworth v. S. Pac. Transportation Co., 166 Cal.App.3d 452, 459 (1985). Plaintiff has not attached or set forth the terms of any alleged agreement with Defendant JP Morgan. The ...

Excerpt: ..., 2015 form EJ‐190 Application for and Renewal of Judgment and October 16, 2015 Amended Application for and Renewal of Judgment constituted the unauthorized practice of law to the extent that the application was made on behalf of the seventeen other judgment creditors who were included on Attachment “A” to that Application and Amended Application. Timberline Inc. v. Jaisinghani (1997) 54 CA 4th 1361, 1367; People v. Landlords Professional S...

Excerpt: ...ed in bad faith or without substantial justification.” (Code of Civ. Proc. § 1987.2, subd. (a).) There is no showing that Debtor opposed the motion in bad faith or without substantial justification. Section 708.170 permits awarding sanctions or fees for this motion, but the Motion states expressly that the request is pursuant to only section 1987.2. (Moving P&A at 3:22‐25.) The request for sanctions, therefore, is denied for lack of notice. ...

Excerpt: ...RRULED. Defendant argues the breach of contract claim fails to state a cause of action (Code Civ. Proc. § 430.10(e)) because (a) if § 8.1 is properly construed, the Complaint does not allege a breach; (b) § 8.1 is an unenforceable non‐compete provision; and (c) the liquidated damages clause is unenforceable. The Court addresses each argument in turn. First, the Court finds that the Complaint sufficiently alleges a breach of § 8.1. Defendant...

Excerpt: ...ready been conclusively established by Defendant's default, and Plaintiff may seek a judgment against Defendant. The court notes that the requirements for issuance of a writ of possession – that a plaintiff's claim have “probable validity” and that the plaintiff obtain an undertaking – have no meaning or purpose where a pre‐trial writ of possession is sought after the defendant's default. Further, even if Defendant had submitted an oppo...

Excerpt: ...t base this motion on the premise that Attorney Eassa presently represents Fox Bayshore on one side and Steven Porter on the other, and their respective positions are adverse. Fox Bayshore is named only as a nominal defendant, whose interests are not adverse to Plaintiff Stephen Porter. In the complaint, Attorney Eassa is not representing any interest that is adverse to Fox Bayshore. 2. The Cross‐complaint. The Cross‐complaint alleges that th...

Excerpt: ... WITH LEAVE TO AMEND. As noted in the moving papers, the FAC does not allege that Plaintiff performed under the contract or was excused from performance. Further, where an action is based on an alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written instrument must be attached and incorporated by reference. Otworth v. S. Pac. Transportation Co., 166 Cal.App.3d 452, 459 (1985)....

Excerpt: ...intervention is GRANTED. BBSI shall separately file and serve its complaint in intervention as set forth in CCP § 387(e) within 14 days of this order. Intervention of a nonparty in an action or proceeding is governed by CCP § 387. That section provides in pertinent part: (d)(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision ...

Excerpt: ...idence are OVERRULED. Cross‐Defendant Michelle Charles's Motion for Summary Judgment, or in the Alternative, Summary Adjudication is DENIED pursuant to Code of Civ. Proc. Section 437c. A reasonable trier of fact could find that Cross‐Complainant Danwen's evidence of online wire transfers from MAD's Chase bank account to Cross‐Defendant Michele Charles, as well as the testimony contained in Cross‐Defendant Charles's Exhibit 28 to her Compe...

Excerpt: ... the authority cited by Plaintiff states only that a claim for spoliation may arise if a “duty based on contract” exists. (Cooper v. State Farm Mut. Auto. Ins. Co. (2009) 177 Cal. App. 4th 876, 894) Plaintiff does not allege or contend that any contractual relationship exists between Plaintiff and Defendant. Negligent Infliction of Emotional Distress “is not an independent tort, but the tort of negligence.” (Burgess v. Superior Court (199...

Excerpt: ...eir counsel, can properly meet and confer further and, in good faith, attempt to resolve this dispute without Court intervention. The Court notes that on May 9, 2019, Plaintiff Tom Gehman, Jr. (Junior) obtained new counsel, Peter Myers. It does not appear Mr. Myers has had a chance to participate in a meet and confer. From the papers, it is unclear exactly which provisions/terms in the proposed irrevocable trust Junior finds objectionable, aside ...

Excerpt: ...the time for Oasis's response to January 31. On that date, Oasis submitted a declaration pursuant to CCP 430.41(2), extending the time to file a responsive pleading by 30 days. However, Oasis filed the present demurrer and motion to strike on March 6, after the time to file a responsive pleading expired. Accordingly, Oasis's motion is untimely. Because Oasis has provided no explanation for its untimely filing, the court overrules the demurrer on ...

Excerpt: ...the time for Oasis's response to January 31. On that date, Oasis submitted a declaration pursuant to CCP 430.41(2), extending the time to file a responsive pleading by 30 days. However, Oasis filed the present demurrer and motion to strike on March 6, after the time to file a responsive pleading expired. Accordingly, Oasis's motion is untimely. Because Oasis has provided no explanation for its untimely filing, the court overrules the demurrer on ...

Excerpt: ...ART and DENIED‐IN‐PART, as set forth below. The Motion for Summary Judgment is DENIED. West Ridge's Complaint seeks both possession of the property and damages. The moving papers state: “For purposes of this motion, Plaintiff has reserved its claim for money damages.” The meaning of the above statement is unclear. Both West Ridge's proposed Order and proposed Judgment ask the Court to determine the amount of damages owed. West Ridge has n...

Excerpt: ...e first cause of action. 1. A Triable Issue Exists About Whether Plaintiff Knew or Should Have Known of the Damage Before March 2015. The statute of limitations is 3 years. Plaintiff filed his complaint on March 2, 2018. The issue is whether Plaintiff knew or should have known of the damage no earlier than March 2, 2015. CITY's argues that Plaintiff admitted that the Google Images accurately depict his house “at all relevant times.” (UMF 1.) ...

Excerpt: ...ervice of the moving papers, (2) a copy of the filed judgment, or (3) a proposed order. The court granted leave to file an amended motion to cure these defects. The court's prior ruling also indicated that Defendant had failed to provide authority for the relief sought; i.e. enforcement of a non‐money judgment. Now that the parties have provided a copy of the filed judgment, it is clear that the court must deny the present motion for the same r...

Excerpt: ...mains and a dental bridge that were supposed to be from David Seid but which did not come from or belong to David Seid, a mix‐up that Plaintiffs have repeatedly sought to be corrected and acknowledged by Defendants, so far to no avail. 27. Repeated demands that the defendants help correct the mixed up remains issues have failed to result in cooperation and failed, to date, to result in defendants working to correct the mix up. [SAC, ¶¶ 3, 27]...

Excerpt: ...y dismissed from this action without prejudice. (See court's August 21, 2018 order.) The proposed First Amended Complaint includes additional allegations to support that Grecu is the alter ego of Defendant Interstates Vanlines, LLC (“IVL”). However, the court, in ruling on Grecu's prior motion to quash/dismiss for lack of personal jurisdiction, found that Plaintiff failed to meet her burden of establishing by a preponderance of the evidence t...

Excerpt: ...robable dangerous consequences of his conduct, and that he willfully and deliberately failed to avoid those consequences. Pacific Gas and Electric Company v. Superior Court, (2018) 24 Cal.App.5th 1150, 1159. The allegations in the complaint are not sufficient to establish that Defendant was aware of the probable consequences of his conduct and that Defendant willfully and deliberately failed to avoid those consequences. If the tentative ruling is...

Excerpt: ...Complaint (TACC) alleging, inter alia, fraud and extortion, is DENIED. Code Civ. Proc. § 437c. Goguen's alternative Motion for Summary Adjudication (see 11‐21‐18 Notice of Motion, identifying Issues Nos. 1‐4), is also DENIED, for the reasons explained below. As a preliminary matter, Goguen's Reply brief argues that because Baptiste's 1‐25‐19 responsive Separate Statement does not cite to any evidence, as a matter of law, it cannot rais...

Excerpt: ...parties. The Motion to Compel the Request for Production of Documents in the Notice of Deposition is DENIED as to Request nos. 1 and 2, except as to copies of checks to or from Defendant, McDonald's Restaurants, and Travel Faire, Inc. that Plaintiff has agreed to produce. The requests for the remaining checks and deposits are denied because Defendant failed to provide a separate statement in compliance with CRC Rule 3.1345(a)(5). These requests a...

Excerpt: ...covery requests that may not impinge on Defendant's 5th Amendment right against self‐incrimination, the court finds no benefit in permitting only some limited discovery to proceed against Defendant Li. The piecemeal determination of which particular discovery requests or categories of information are discoverable will necessarily result in additional expenditure of judicial resources, as well as the resources of both parties. Further, the near ...

Excerpt: ... the forum state is such that the exercise of jurisdiction does not offend “traditional notions of fair play and substantial justice.” International Shoe Co. v. State of Wash. (1945) 326 US 310, 316. Jurisdiction is proper where the contacts proximately result from actions by the defendant himself or herself that create a substantial connection with the form state. Burger King Corp. v. Rudzewicz (1985) 471 U.S. 462, 475. California has the br...

Excerpt: ...ry, Plaintiffs fail to establish that Defendant HOLTZMAN both purposefully availed himself of forum benefits with respect to the matter in controversy, and that the controversy is related to or arises out of Defendant's contacts with California. Accordingly, the motion to quash is GRANTED. 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 immediatel...

Excerpt: ... Release of All Claims,” Plaintiff appears to be entitled to a judgment in the amount of $50,000.00. Plaintiff, however, seeks only $33,333.64. Defendants contend their performance under the agreement is excused because Plaintiff materially breached the settlement agreement as a result of the fact that “Plaintiff's fiduciary simply had Plaintiff rubber stamp [the declaration identified in the agreement], which Plaintiff neither read for under...

Excerpt: ...ry Adjudication is DENIED. Based on the declarations of the parties, a genuine dispute of material fact exists with regard to the impact of the dispute between the LLC members on Plaintiff's membership interest such that dissolution would be reasonably necessary to protect the rights or interests of Plaintiff. A genuine dispute of material fact also exists with respect to whether management of the LLC is subject to internal dissention such that d...

Excerpt: ...ell as third party privacy rights. (See Defendant's Exh. A; see also Board of Trustees v. Sup. Ct. (1981) 119 Cal.App.3d 516, 528‐530 (disapproved on other grounds in Williams v. Sup. Ct. (2017) 3 Cal.5th 531, 557).) Privacy rights are not absolute, but rather the court must balance whether such privacy rights are outweighed by the relevance of the information sought to the subject matter in the pending action. Discovery will not be ordered if ...

Excerpt: ...e of limitations had not yet run at the time of the filing of the complaint on July 27, 2016. The first amended complaint adequately identifies which of the Plaintiffs were minors at the time of the decedent's death. With respect to the adult Plaintiffs, Defendants have the burden of proving that Plaintiffs discovered or should have discovered the facts alleged to constitute Defendants' wrongdoing more than one year prior to filing this action. S...

Excerpt: ... Cal.App.3d 327, 335 [“the prevailing view is that it is only in the truly exceptional case involving a single, simple issue with minimal evidentiary support that a court will consider the merits of a motion unaccompanied by a separate statement”].) The Complaint alleges three causes of action to which Plaintiff is seeking summary judgment. Plaintiff's Memorandum of Points and Authorities discusses the elements of each cause of action, but th...

Excerpt: ... its claim to possession of the collateral identified in the 3‐28‐19 Declaration of Karen Tennant. The evidence indicates Defendant breached the parties' “Master Promissory Note and Security Agreement” (Note) by failing to make the required payments, giving Plaintiff the right to take immediate possession of the collateral. Defendant has not opposed the application. Because Defendant appears to owe more on the Note than the collateral's c...

Excerpt: ...LC did not seek leave to amend First American's answer, and First American is not seeking leave to amend Elevation's pleadings. Nonetheless, considering that there is no opposition to the request, First American's request is GRANTED to the extent it seeks leave to file its proposed amended answer. First American shall file and serve the amended answer within 10 days of this order. First American's request to bifurcate the trial, which is also not...

Excerpt: ...r Summary Judgment is DENIED. The Complaint seeks both possession of the property and damages. West Ridge's moving papers state that “[fo]r purposes of this motion, Plaintiff has reserved its claim for money damages.” However, Plaintiff has not dismissed, or stated its willingness to dismiss from this case, its damages claim. The moving papers do not establish the amount of damages owed. Further, Plaintiff's proposed Order and proposed Judgme...

Excerpt: ...t Grand Century Secured Investments, LLC. Peak Foreclosure Services, Inc. and DOES 1‐50),” and not specifically against Defendant Migdal. However, paragraphs 55‐57 specifically refer to Defendant Migdal, and make allegations against him. Additionally, Plaintiff's prayer for relief requests relief against all Defendants, including Migdal, as to all causes of action. Also, as Defendants have pointed out, Plaintiff has alleged that Defendant M...

Excerpt: ...efendant Migdal. However, paragraphs 55‐57 specifically refer to Defendant Migdal, and make allegations against him. Additionally, Plaintiff's prayer for relief requests relief against all Defendants, including Migdal, as to all causes of action. Also, as Defendants have pointed out, Plaintiff has alleged that Defendant Migdal is Defendant Grand Century. Therefore, on the face of the pleading, Defendant Migdal has standing to contest the Fourth...

Excerpt: ... seek documents regarding any loans or loan applications with respect to the property at issue. Defendants have asserted that such documents are privileged pursuant to their constitutional right to privacy, and that the documents are therefore not discoverable. According to Plaintiff, the documents are “directly relevant to Defendants' efforts to obtain financing to pay their outstanding balance to NOLAN. Indeed, it was the promise of financing...

Excerpt: ...ue. A. Rough approximation of plaintiffs' recovery and settlor's proportionate liability. “The ultimate determinant of good faith is whether the settlement is grossly disproportionate to what a reasonable person at the time of settlement would estimate the settlor's liability to be.” (City of Grand Terrace v. Sup.Ct. (1987) 192 Cal.App.3d 1251, 1262.) That the settlement was 1.16 percent of the claimed damages does not, by itself,...

Excerpt: ...of Labor v. Chimes District of Columbia, Inc., U.S. District Court for the District of Maryland, Case No. 1:15‐cv‐03315‐RDB (“Chimes”). That case has since concluded. Thus, the stated basis for the stay no longer exists. Heffernan argues another recently‐filed case against Plaintiff militates in favor of extending the stay, namely, Abraha, et. al. v. Colonial Parking, Inc., U.S. District Court for the District of Columbia, Case No. 16...

Excerpt: ...ablishing that plaintiff is entitled to the relief sought. Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255. In establishing a claim for punitive damages, plaintiff must show by “clear and convincing” evidence that the defendant is guilty of oppression, fraud or malice. Civil Code § 3294(a). Plaintiffs fail to do so here, and fail to demonstrate how they may amend their Complaint to properly state a punitive damages claim. Accordin...

Excerpt: ...tiff has failed to set forth specific facts demonstrating malice or oppression by Defendant, as those terms are defined in Civ. Code § 3294. Further, although Plaintiff has attempted to add allegations relating to Defendants' ratification of the actions of their employees, Plaintiff has nonetheless failed to set forth specific facts demonstrating authorization of wrongful conduct or advance knowledge of the likelihood of wrongful conduct by Defe...

Excerpt: ...e, however, involved a dispute over the petitioner's claim to an easement. No easement is at issue in this case. Plaintiff does not allege that Defendant has presented any right to possession or title to Plaintiff's property. Plaintiff's first amended complaint asserts that “Defendant's conduct will eventually interfere with Plaintiff's possession of the Scott Property through the imposition of a servient easement in favor of Defendants across ...

Excerpt: ...es only that he is not seeking compensation “at this time.” Defendant shall supplement his response to indicate whether he incurred any injuries or damage, and describe the injuries or damage, regardless of whether he is seeking compensation at this time. Form Interrogatory 115.2. Granted. Even without discovery, Defendant highly likely has knowledge of some facts to support his general denial and affirmative defenses. Signing a paper filed w...

Excerpt: ...h, fifth, and sixth causes of action on the ground that the Court previously issued a tentative ruling in a different action is overruled. A tentative ruling is not a ruling. Plaintiffs dismissed the prior action before the Court ruled on the demurrer. Demurrer to the first cause of action (breach of contract) is sustained with leave to amend. The claim alleges that “Defendants failed to perform its duties” and “cancelled Plaintiff's loan m...

Excerpt: ...d. SUSTAINED WITH LEAVE TO AMEND as to the Seventh cause of action for intentional infliction of emotional distress. A cause of action for intentional infliction of emotional distress requires (1) extreme and outrageous conduct by the defendant; (2) intention to cause or reckless disregard of the probability of causing emotional distress; (3) severe emotional suffering; and (4) actual and proximate causation of the emotional distress. Heller v. P...

Excerpt: ...not provided a copy of the stipulated judgment with the moving papers. Further, Defendant has not provided a proposed order. Most significantly, however, Defendant provides no authority for the relief that he seeks; i.e. enforcement of a non‐money judgment. The court notes that lack of compliance with a non‐money judgment is generally enforced through contempt proceedings. CCP § 1209(a)(5). Further, the court notes that the merits of Defenda...