Excerpt: ...ight to “withdraw” a jury waiver. This case involves a dispute for breach of contract and fraud based upon an alleged agreement to purchase and “flip” a residential property and then divide the profits. The Complaint was filed January 3, 2019; and a First Amended Complaint was filed on March 13, 2019. The case was set for Case Management Conference on May 3, 2019. No jury fees were posted by either side. On April 19, 2019, Defendant Han f...

Excerpt: ...s and complaint. The Court agrees. On a motion to quash that alleges improper service, the plaintiff bears the burden of proving effective service. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) The return of a registered process server establishes “a presumption , affecting the burden of producing evidence, of the facts stated in the return.” (Evid. Code, § 647.) Where this statutory presumption applies, the defendant must produce...

Excerpt: ...urt (rule 3.1113(d)) provides that, except for motions for summary judgment, no opening or responding memorandum may exceed 15 pages. Because Plaintiff Brian Munneke's opposition filed on November 5—which is 25 pages long‐‐violates this rule, the Court STRIKES it. Plaintiff, however, submitted an amended opposition on December 9 that complies with rule 3.113(d). Because Defendants have not been prejudiced by this amended opposition— which...

Excerpt: ..., as no Default Judgment has yet been entered against him. Defendant Thomas P. Davies' Motion to Set Aside Default entered March 24, 2020 is DENIED for the following same reasons: (1) Defendant is not entitled to relief under Code of Civil Procedure Section 473(b) as more than six months have passed since entry of the default; (2) Defendant is not entitled to relief under Section 473(b) due to his failure to comply with the statutory requirement ...

Excerpt: ...�10; Issue No. 3, Fact Nos. 1, 2, 3, & 5. Plaintiff's request for a hearing continuance pursuant to Code Civ. Proc. Sect. 437c(h) is DENIED AS MOOT. Notice of Motion As an initial matter, the Court notes that Defendant's motion seeks summary judgment, but does not properly seek summary adjudication. See 9‐ 24‐21 Notice of Motion, which seeks “summary judgment,” but which makes no reference whatsoever to “summary adjudication.” Code Ci...

Excerpt: ...st not use the information produced in this case in any other proceeding. The issue for the Court to resolve is whether the stipulated protective order, signed by the Court on October 19, 2021, allows Plaintiffs to use the information produced by Lei in this case to file cases in other jurisdictions to freeze her assets. A court may in its discretion enter a protective order to prohibit the disclosure of confidential information. See Raymond Hand...

Excerpt: ...s initial, 1‐3‐19 Complaint has not been previously amended. On 7‐12‐21, the Court denied, without prejudice, Plaintiff's previously‐filed motion for leave to amend the Complaint, on grounds that Plaintiff had not complied with CRC 3.1324. The Court's 7‐12‐21 Order stated in part: Subsection (a) of Rule CRC 3.1324 states that a motion to amend must … state what allegations are proposed to be added and where, by page, paragraph and...

Excerpt: ...ritten settlement agreement (AGREEMENT) providing LIU/AN pay IMUSIC a total of $53,767.33 in 20 monthly payments of $2,688.37 starting in January 2015.” Cross‐Complaint, p.8. The Cross‐Complaint further alleges that Cross‐Defendants Xiao Chen Liu and Peide An breached the settlement agreement by failing to make any payments following the first two installment payments. Id. As a result, the Cross‐Complaint indicates that the settlement a...

Excerpt: ...and seeks damages from Defendant. It asserts no allegations pertaining to Defendant Nash. The attached Police Report does not cure this defect because the Police Report merely contains statements by a third party. Because the Complaint contains/sets forth no allegations pertaining to Defendant (or anyone for that matter), the Demurrer is sustained with leave to amend. Plaintiff shall file and serve her First Amended Complaint on or before January...

Excerpt: ...aim for false or fraudulent misrepresentation under Bus. & Prof. Code § 7160, he is entitled to attorney's fees as the “prevailing party.” The Court, however, has previously rejected this argument, asserted in Mr. Paycheck's opposition to Defendants' motion for attorney's fees. (9/30/21 Opposition, p.4) As noted in the Court's October 26, 2021 tentative ruling, which was incorporated in the Court's November 16 Order: Only one of Paycheck's f...

Excerpt: ...ing papers also contend that there are no facts in the FAC to support an award for punitive damages. In Mr. Duong's reply, he contends that Plaintiff does not have standing to assert a claim under the FDCPA because Plaintiff is not a “consumer” within the meaning of the Act. Mr. Duong also contends that he “cannot be liable for any of LEC's alleged misconduct because LEC is a California corporation and as such it bears its own liabilities, ...

Excerpt: ...unts based on: (1) an open book, (2) an account stated, and (3) goods sold and delivered. However, Plaintiff's MPA in support of the motion attempts to demonstrate that Plaintiff has established claims for (1) an open book, and (2) an account stated. (MPA, p.5‐7) Accordingly, because Plaintiff has addressed only two of its claims, Plaintiff has not demonstrated it is entitled to summary judgment. Nonetheless, the Court finds that Plaintiff has ...

Excerpt: ... the California Rules of Court, would have expired in March 2021 absent further tolling. Plaintiff Capital One Bank has not, however, established that this time period was further tolled. The only ground for tolling cited by Plaintiff is Code of Civil Procedure section 583.340, subdivision (c). But the critical factor in applying this exception is “whether the plaintiff exercised reasonable diligence in prosecuting his or her case” (Bruns v. ...

Excerpt: ...ion of an Informal Discovery Conference. 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. December 2, 2021 Law and Motion Calendar PAGE 4 Judge: HONORABLE DANNY CHOU Y. CHOU, Department 22 ______...

Excerpt: ...483.010 et seq. The Attachment Law requires strict construction; unless specifically provided for by the Attachment Law, no attachment procedure may be ordered by the court. Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1106. As the moving party, Plaintiffs have the burden of proving a proper basis for Attachment. C.C.P. 484.090. Plaintiffs assert claims for money had and received, conversion, and imposition of a ...

Excerpt: ...in the property. California law requires the rights of all parties in the subject property be determined before the partition of said property. Summers v. Superior Court, 24 Cal. App. 5th 138, 142‐143 (2018); Bacon v. Wahrhaftig, 97 Cal. App. 599, 603 (1950) (“No partition can be had until the interests of all the parties have been ascertained and settled by a trial.”); see also C.C.P. § 872.620 (“To the extent necessary to grant the rel...

Excerpt: ...nal infliction of emotional distress. In order to state a cause of action for defamation, Plaintiff must allege publication of a false, unprivileged and defamatory statement about him. The statement must be communicated to at least one person other than plaintiff who understands its defamatory meaning and that it refers to plaintiff. Shively v. Bozanich (2003) 31 C4th 1230, 1242. Plaintiff's FAC asserts that “Defendants have made false and defa...

Excerpt: ...ING COMPANY; INEGRAL GROUP, INC., a California corporation; SC BUILDERS, INC., a California corporation; PERFORMANCE MECHANICAL, INC., a California corporation; RODDA ELECTRICAL, INC., a California corporation; BAY POINT CONTROL, INC. dba MARINA MECHNICAL, a California corporation; MYSON, INC./RETTIG USA, a Vermont corporation; and DOES 1‐50, inclusive, Defendants. AND ALL RELATED CROSS‐ACTIONS ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ...

Excerpt: ... ) ) ) ) ) ) ) ) ) Case No.: CIV458258 Assigned For All Purposes to Hon. Danny Y. Chou ORDER DENYING ELIZABETH KARNAZES'S FURTHER REQUEST FOR AMERICANS WITH DISABILITY ACT CONTINUANCE OF HEARING AND GRANTING IN PART AND DENYING IN PART JUDGMENTCREDITOR/CROSS‐DEFENDANT JOHN J. HARTFORD'S MOTION FOR ATTORNEY FEES AND COSTS; Judgment‐Creditor/Cross‐Defendant John J. Hartford's Motion for Attorneys' Fees and Costs Incurred from April 1, 2017 to...

Excerpt: ...ANDRADA'S FOUR FAMILY MEMBERS IN SBC CASE #18‐1724, MOTION FOR DEFENDANT SBC TO REOPEN ANDRADA'S COMPLAINTS AGAINST DEFENDANT PATRICK METERING FOR INVESTIGATION AND MURDERS OF ANDRADA'S FOUR FAMILY MEMBERS IN SBC CASE #14‐22198, AND MOTION TO STRIKE ON THE DEMURRER FILED BY DEFENDANT VIVIAN QUE‐AZCONA TENTATIVE RULING: 1. Demurrer The unopposed demurrer of Defendant Vivian Que‐Azcona is SUSTAINED WITH LEAVE TO AMEND. On August 5, 2020, th...

Excerpt: ...tiff) is OVERRULED IN PART and SUSTAINED IN PART WITH LEAVE TO AMEND. 1. Plaintiff's First Cause of Action for Breach of Contract Against CSMC The demurrer to the first cause of action for breach of contract against CSMC is OVERRULED. The SAC alleges facts sufficient to establish that CSMC breached the Collaboration Agreement through its nonperformance. “[F]acts alleging a breach, like all essential elements of a breach of contract cause of act...

Excerpt: ...ember 17, 2021. First, the Complaint is uncertain. Code Civ. Proc. Sect. 430.10(f). Although uncertainty demurrers are generally disfavored (Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616), here, the Complaint alleges so few comprehensible facts that its leaves Defendant guessing as to the factual basis for the asserted claims. Plaintiff appears to allege Defendant law firm represented Plaintiff in a 2001 Worker's Compensation Ap...

Excerpt: ... because the challenged evidence is not deemed material to disposition of the motion. (Code of Civ. Proc. § 437c, subd. (q).) TCLC alleges claims of damages arising from being constructively evicted after Defendant De Ritz (“LANDLORD”) failed to make tenant improvements that were required by the Lease. LANDLORD's motion argues that (1) its obligation to perform never arose because TCLC failed to fulfill a condition precedent of providing pro...

Excerpt: ...mplant Dentistry Institute LLC to Active Status is DENIED. BAII seeks reconsideration on the ground that the Court erred in granting relief on the basis of Government Code section 12261(a)(2), but a section 1008 motion is not the proper vehicle for correcting judicial errors. Glob. Protein Prod., Inc. v. Le (2019) 42 Cal.App.5th 352, 364. Nonetheless, the Court has broad and inherent powers to reconsider its rulings (see, e.g., Marriage of Bartho...

Excerpt: ...s”) to defendant BBV, Nos. 24‐52, is GRANTED‐IN‐PART. The motion for protective order is GRANTED. In the Court's discretion, the sanctions requests are DENIED. The intrusiveness of Plaintiff's discovery requests clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. Code Civ. Proc. Sect. 2017.020(a). Discovery rights are broad, but not limitless. The information/documents sought mus...