Excerpt: ...ute of limitations defense bars this Cause of Action as a matter of law. Additionally, triable issues of material fact exist pursuant to Code of Civ. Proc. Section 437c as to the substantial nature of alleged stream diversions, including with regard to SSUMF numbers 2, 4, 6, 9, 15, and 16. Plaintiffs' dispute of these facts are supported by the depositions of Deleon, Leicester, Lt. Ober and Randi Adair and the declaration of Crystal Chau. As to t...

Excerpt: ...pposition brief, filed 9‐30‐19. Defense counsel is reminded to comply with the service requirements set forth in Code Civ. Proc. § 1005(b)‐(c) (Opp. briefs must be served by means of next‐day delivery). Plaintiff seeks leave to file a FAC adding a new Defendant (Fidelity National Title Co., or FNTC) and several new causes of action, all based on the alleged non‐disclosure of an additional easement encumbering the property (the “1954 ...

Excerpt: ...t 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: ...cessary to prove his one‐line allegation that “at all relevant times, LOSK and HDC were alter egos of each other.” (Complaint ¶7.) Under California law, to invoke the alter ego doctrine, a plaintiff must show (1) that there is such a unity of interest and ownership that the separate personalities no longer exist, and (2) if a separate corporate existence is acknowledged, an “inequitable result” will follow. Automotriz v. Resnick (1957)...

Excerpt: ...ncurred a negative balance of $7,583.78 as of 12‐ 27‐16, and breached the agreement by failing to pay the amount owed. The burden shifted to Defendant to come forward with evidence creating a triable issue of fact as to the asserted claims, which Defendant has not done. The motion is unopposed, and none of Plaintiff's asserted material facts is disputed. Plaintiff must seek costs and attorney's fees via a post‐Judgment Memorandum of Costs a...

Excerpt: ...l causes of action alleged against the moving party. As set forth below, the motion does not dispose of all of Plaintiff's claims. B. Objections to Evidence. The Court exercises its discretion to not rule on Safeco's objections. None of the evidence to which Safeco objects was material to disposition of the motion. (Code of Civ. Proc. Sect. 437c, subd. (q) (court need rule “only on those objections to evidence that it deems material to its disp...

Excerpt: ...e years of seizure of the property as required by Health & Safety Code §11488.4(i)(3). As a result of the order deeming facts to be admitted, interested party admitted that Case No. 16‐NF‐ 014461‐A is the underlying and related criminal case within the meaning of Health & Safety Code §11488.4(i)(3). Petitioner offers no evidence of a conviction in that case. While petitioner provides evidence of a conviction in a different case, that conv...

Excerpt: ... sufficient evidence to determine that the settlement is within the range of the settling defendant's proportionate share of liability. There is no evidence as to an approximation of Cross‐complainant TOT's total recovery nor Ruby Plumbing's proportionate share of that liability. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Ruby Plumbing and Electrical Supply, Inc. shall prepare a writt...

Excerpt: ...ablished the existence of an arbitration agreement, and there is no basis to deny enforcement of the agreement under CCP §1281.2. Plaintiffs do not dispute that their claims for breach of fiduciary duty and dissolution of the A Family Affair Elder Care LLC are subject to arbitration under the LLC's operating agreement. They contend, however, that the claims for partition of the Vera and Canyon properties are “non‐arbitrable” and that, as a...

Excerpt: ...d responses have been served, no POS nor any evidence regarding the date or method of service was provided. In addition, the copies of the responses attached to the declaration of Benjamin Graves do not include a verification as to Sets Two and Three. Unverified responses are the equivalent of no response at all. Appleton v. Superior Court (1988) 206 Cal.App.3d 632. The request for sanctions is also GRANTED pursuant to CCP §2033.280(c). Plaintif...

Excerpt: ... the real property identified as San Mateo County Assessor Parcel Nos. 009‐413‐010 and 009‐413‐020, which are more accurately depicted in the legal description and map attached to the City's Complaint filed in this action (“Property”), by eminent domain. The City has deposited, pursuant to Article I of Chapter 6 of Title VII of the Code of Civil Procedure (commencing with Section 1255.010) an amount that satisfies the requirements of ...

Excerpt: ... Sandoval Torres wanted for all of her children is a sufficient allegation that Plaintiffs were recipients of an express testamentary gift, which was denied to them due to the errors of the drafting attorney, when taken as true for purposes of demurrer, to establish that Defendant owed a duty to Plaintiffs. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written ord...

Excerpt: ... to Plaintiff's Request for Production of Documents from Defendants Stephanie Chenevert and Luis Balenko (“Defendants”) and Request for Monetary Sanctions is DENIED as untimely. Any party shall be entitled as a matter of right to have motions concerning discovery heard on or before the 15th day before the date initially set for the trial of the action. (C.C.P. §2024.020(a).) In this case, the hearing on this motion is set 13 days before the ...

Excerpt: ...RUSTEE, JAMES E. SALVEN TENTATIVE RULING: Plaintiff's motion to compel appearance at deposition and to produce documents is GRANTED. Safeco offers four grounds for refusing to appear for deposition. None has merit. A. Duplicative Deposition. Safeco's first objection is that the deposition of Safeco is duplicative, since Plaintiff has already taken depositions of four Safeco employees, Ms. Hoelscher, and three of her attorneys. Deposition of a cor...

Excerpt: ...action. (C.C.P. § 1030(a).) The court shall order the undertaking if the moving defendant establishes through evidence that: (1) the plaintiff is an out‐of‐state resident, and (2) that there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding. (C.C.P. § 1030(b).) If the court determines that the grounds for the motion have been established, the court shall order that the plaintiff f...

Excerpt: ...es. Mr. Gross's declaration states that “The timekeepers listed [in the summary sheet of fees incurred] include attorneys Daniel Tobin, Elisabeth Connell, Tanya Taylor, myself and paralegal Karen Miller. The billing rates charged for each timekeeper are reasonable rates for lawyers and paralegals with commensurate experience litigation similar actions in California.” Gross Decl., ¶ 6. Plaintiff, however, has not submitted declarations from t...

Excerpt: ...s not reasonable. As with the defendant in Hopkins v. Carley, 200 Cal. App. 4th 1401 (2011), Defendant did not exercise reasonable diligence in arranging for his defense. As the court noted in that case: . . . Before a defendant can secure relief under section 473(b) based on a failure to adequately defend himself, he must show that “‘in arranging for his defense ... he has exercised such reasonable diligence as a man of ordinary prudence usu...

Excerpt: ...d in April 2018 and that Darren Wallace has been named Executor of Plaintiff's estate. A probate estate is not a legal entity; it has no capacity to sue. Any litigation for the decedent must be maintained by the executor, administrator, or trustee of the estate. (Galdjie v. Darwish (2003) 113 Cal.App.4th 1331, 1344; Code of Civ. Proc. Sect. 368.5 (decedent's estate may substitute executor or other representative into action as party).) Plaintiff,...

Excerpt: ...or coordination under Code of Civil Procedure section 404.1; and the cases are “not complex” under guidelines established by the Judicial Council. (See Code of Civ. Proc. § 403.) The motion does not meet the criteria for transfer and consolidation. A. The Motion Does not Demonstrate Common Questions of Fact. The motion does not show that common questions of fact exist. In the present action, Plaintiff alleges that he was injured when the bus...

Excerpt: ...RY HALTEH, TRUSTEES OF THE HALTEH SI & MS 2000 TRUST TENTATIVE RULING: Plaintiff's request for judicial notice that on August 6, 2018 the Agent for Service of Process for PROGRESSLY, INC., resigned and filed a resignation with the California Secretary of State is GRANTED pursuant to California Evidence Code Section 453 as the information is not subject to reasonable dispute. Plaintiff's remaining requests for judicial notice are DENIED. Plaintiff...

Excerpt: ...ot that it will obtain a judgment against the defendant. Daiho claims Defendant AWD breached the parties' Master Transaction Agreement by failing to pay hundreds of invoices issued to AWD from December 2016 to May 2018. Daiho claims the total principal amount owed under the invoices is $11,502,014.21. Daiho's claim is supported by the declaration of Toru Hosoi, general manager of Daiho's Overseas Division. AWD claims that it made $9,182,517.74 in...

Excerpt: ...otion is denied. 1. The Motion Is Procedurally Defective. To coordinate actions that are in different courts, a party may file a Petition for Coordination. The petition for coordination must be submitted to the “Chairperson of the Judicial Council.” (Code of Civ. Proc. §404.) The present motion, even if deemed a “petition,” does not satisfy this requirement. Instead of serving the petition on the Judicial Council, Plaintiff filed it with...

Excerpt: ...D in its entirety. Summary judgment “shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Code Civ. Proc. §437c(c). Summary judgment in favor of a defendant is proper if (1) the defendant shows that one or more elements of a cause of action cannot be established or there is a complete defense to it; and (2) the plaintiff...

Excerpt: ...case, the dismissal was not entered against plaintiff. However, the declaration of Kenneth Freed states that plaintiff never intended to dismiss the entire action. Plaintiff inadvertently submitted a request for dismissal of the entire action when plaintiff only intended to dismiss the DOE defendants. As a result, it appears the dismissal which was signed by Freed, was entered without plaintiff's consent. For that reason, it should be set aside. ...

Excerpt: ... have been a relatively minor automobile collision that caused about $750 in property damage to Plaintiff's bumper. Although the exact amount is disputed, it appears Plaintiff's claimed medical specials to date are in the area of $9,000. There is a dispute as to liability as between the parties. CCP 403.040(b) states: (b) If a party files a motion for reclassification after the time for that party to amend that party's initial pleading or to ...