Excerpt: ... parties have agreed that the court's rulings on lines 4 and 6 of today's calendar shall act as exemplars for this matter and the parties will use the exemplar rulings in resolving this matter between themselves. 2. MOTION FOR AN ORDER COMPELLING FURTHER RESPONSES TO PLAINTIFF CONSUMER ADVOCACY GROUP, INC.'S REQUESTS FOR ADMISSION, SET ONE, FROM DEFENDANT BURLINGTON COAT FACTORY OF TEXAS, INC. AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $...

Excerpt: ...Cause as to why the Mechanic's Lien filed by Respondent Bakirman Development Group (“Respondent”) should not be stricken and released. Instead of issuing the Order to Show Cause at that time though, the court issued an Order for a hearing on noticed motion. (See court's July 10, 2018 order.) Pursuant to Code of Civil Procedure section 765.010, “[a] person or entity whose property is subject to a lien or encumbrance in violation of this sect...

Excerpt: ...imeliness (Code Civ. Proc. § 438(e)) and failure to meet and confer (Code Civ. Proc. § 439(a)). The motion fails on its merits. The Court finds that Defendant / Cross‐ Complainant TORA HOLDINGS, INC.'s First Cause of Action for Breach of NDA and Second Cause of Action for Breach of Settlement Agreement and Release are sufficiently pled. With respect to the First cause of action for breach of the NDA, Plaintiff asserts that it was relieved of ...

Excerpt: ...g whether an agreement could be reached to resolve the objections to be raised in the demurrer. Consequently, the hearing on the demurrer is continued to September 11, 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 ...

Excerpt: ...oint venturers, and shareholders owe fiduciary duties, as do corporate officers/directors, to shareholders. See, generally, CACI 4100. The Complaint here alleges, in a conclusory manner, that Micha and Dalit Lewis owed fiduciary duties to Plaintiff as “majority and controlling shareholders, business partners, principals, joint venturers, or corporate officers or directors.” This conclusory allegation, however, does not appear supported by the...

Excerpt: ...is expected to explain, at the 8‐2‐17 hearing, why granting leave to amend as to Fidelity would not be futile. First, as to all asserted claims, the FAC is uncertain by failing to specifically identify what conduct defendant Fidelity, as distinct from the other named defendants, purportedly engaged in. Code Civ. Proc. Sect. 430.10(f); Moore v. Regents of Univ. of Cal. (1990) 51 Cal.3d 120, 125. As set forth in Code Civ. Proc. Sect. 425.10(a),...

Excerpt: ... a claim or issue litigated in the prior proceeding; (2) the prior proceeding resulted in a final judgment on the merits; and (3) the party against whom the doctrine is being asserted was a party or in privity with a party to the prior proceeding. Tobin v. Nationstar Mortgage, Inc. (2016) 2016 WL 1948786, at *5 (citing Boeken v. Phillip Morris USA, Inc. (2010) 48 Cal. 4th 788, 797. Plaintiff filed a prior action, San Mateo County Superior Court C...

Excerpt: ...�Application”), or whether Mr. Carroll intended for this hearing to be treated as the Order to Show Cause re: Contempt hearing. On the same day Mr. Carroll filed the Application, he also filed an Order to Show Cause re: Contempt purporting to give Ms. Carter notice of this hearing as a contempt hearing. No Order to Show Cause re: Contempt was ever signed by the court. Thus, to the extent that Mr. Carroll intended this hearing as a contempt hear...

Excerpt: ...pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...

Excerpt: ...0, 2018, no declaration had been filed. Consequently, the demurrer is stricken. 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: ...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: ...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: ...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: ...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: ...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: ...) 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: ...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: ...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: ...��76, 82, 93‐94, 99, 105‐106, 111‐112, 117‐118, 129‐130, 135, 147‐148 and for sanctions is GRANTED‐IN‐PART and DENIED‐IN‐PART. The 27 interrogatories at issue are sufficiently relevant to the asserted claims. Although not the primary basis of its Opposition papers, the County argues the 27 disputed interrogatories here have only marginal relevance to “whether Mr. Sedillo was having improper relationships with his clients.”...

Excerpt: ... that dismissal should be vacated under Code of Civil Procedure section 473. (See Declaration of Dubowski, para. 11.) Therefore, the ground for this motion is that dismissal was entered by “mistake, inadvertence, surprise, or excusable neglect.” (Code of Civ. Proc. §473, subd. (b).) The motion shows no “mistake, inadvertence, surprise, or excusable neglect.” The parties stipulated in writing to entry of dismissal, and the Court entered t...

Excerpt: ...fs to file the motion. (Minutes, January 10, 2018.) No trial date was pending, and Plaintiffs' motion was for the purpose of setting a trial date. Therefore, the motion also was not filed for the purpose of delay. The grounds for the motion to reset trial date were not asserted in bad faith or frivolously. At the time of the motion, this case had not been included in the coordinated action, and no trial date was set in this Court. Presently, the ...

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. ...