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: ...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: ...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: ...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: ...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: ...Plaintiffs fail to allege compliance with the Government Claims Act. The court sustained Defendants' prior demurrer to the First Amended Complaint on this ground, and gave Plaintiffs leave to amend. In the Second Amended Complaint, Plaintiffs still fail to complete paragraph 9 of the Second Amended Complaint by alleging that they complied with the Government Claims Act by filing a claim before bringing this action, or that Plaintiffs are excused ...

Excerpt: ... to permit amendment of pleadings. Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939. If discovery and investigation develop factual grounds justifying a timely amendment to a pleading, leave to amend must be liberally granted. Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596. Indeed, a court may properly grant leave to amend “at any stage of proceedings, up to and including trial.” Atkinson v. Elk Corp (2003) 109 Cal.App.4th 739, 761. Plaintiffs'...

Excerpt: ...circumstances make the imposition of attorney's fees and costs unjust”. . Under the circumstances of this case, the Court is satisfied that Intervenor FRED SLIGHTAM's motion to expunge was brought with substantial justification such that an award of attorney's fees and costs is not warranted. While Intervenor FRED SLIGHTAM's motion to expunge Plaintiffs' lis pendens was ultimately denied (and said denial was upheld on appeal), it appears from t...

Excerpt: ...orth below. As to the Eighth Cause of Action for “Conspiracy to Deny Due Process Rights,” the motion is GRANTED. First, this new cause of action exceeds the scope of the Court's 05‐ 30‐ 18 Order granting leave to amend the Eighth Cause of Action in Plaintiff's Second Amended Complaint, which was entitled “Judicial Declaration Concerning Employment of General Manager Maxey”. The prior claim, which was asserted only against the District...

Excerpt: ... deny the motion on this ground alone. However, even if the court assumes that service was proper, judgment debtor seeks to vacate renewal of the judgment based on defenses to the original underlying unlawful detainer action. She cites no authority indicating that such defenses would apply in an independent action on the judgment. A motion to vacate a renewal of judgment must go to the renewal itself and not the underlying judgment. If the tentat...

Excerpt: ... Archdiocese of San Francisco (“Defendant”) to Compel Plaintiff to Sign Record Release Authorizations for Production of VA Records is DENIED. Defendant has not provided any authority to support that a motion may be brought to compel a party to sign a record release authorization. Although Defendant cites to Code of Civil Procedure section 2031.010 as authority for this motion, this section addresses production of documents from a party that h...

Excerpt: ...l.'s Motion to Compel Mental Examination of Plaintiff, and for Sanctions. There appears to have been some confusion as to the date of this hearing and, as a result, a late response was filed by Plaintiff. The evidence demonstrates Plaintiff has placed her mental condition at issue/in controversy, thus warranting the requested mental examination. Code Civ. Proc. § 2032.020. Plaintiff has conceded this fact by agreeing to undergo a mental examinat...

Excerpt: ...s v. Pacific States Auxiliary Corp. (193 5) 4 Cal.2d 103. To gain that possession, the purchaser may bring an unlawful detainer action against any occupant. CCP § 1161a(b)(3). The law is longstanding that the only issues present in an unlawful detainer action are possession and damages for unlawful possession. Old National Financial Services, Inc. v. Seibert (1987) 194 Cal.App.3d 460, 464. Here, Plaintiff seeks only possession. The elements to e...

Excerpt: ...bjected to production of any and all documents from Feldman based on attorney‐ client privilege and/or work product. Feldman also stated that all documents in his possession are protected by the attorneyclient privilege. (See Feldman Decl. ¶ 10.) Thus, the court continued this motion for Feldman to provide Defendant with a privilege log with respect to these documents. (See court's June 25, 2018 Minute Order.) The court further ordered the par...

Excerpt: ...because all asserted claims hinge on a 2006 trust deed signed only by decedent, Plaintiff was required to file the lawsuit within one year of decedent's 2014 death, and thus all claims are now time‐barred. Citing Probate Code § 13550, 13551, and 13554; Code Civ. Proc. § 366.2. The merits of this defense cannot be resolved on Demurrer. A demurrer lies where the dates alleged in the complaint show clearly and affirmatively that the action is ba...

Excerpt: ...performed by the Knight Law Firm (“Knight firm”), and $27,775.00 for work performed by Hackler Daghighian Martino & Novak, P.C. (“HDMN”). In opposition, Defendants FCA US LLC and KTP Cars, Inc. (“Defendants”) object to both the hourly rates and the claimed time spent by the attorneys. Plaintiff provided additional declarations at the prior hearing, and the court continued the motion to consider this evidence and to give Defendants an ...

Excerpt: ...specific requirements of Code Civ. Proc. § 2031.030, which includes a designation of the land or property to be inspected, tested or sampled by “specifically describing each individual item or by reasonably particularizing each category of item”; and a specification of “any inspection, copying, testing, sampling, or related activity that is being demanded, as well as the manner in which that activity will be performed, and whether that act...

Excerpt: ...31.320, subd. (a).) In response to Categories 1, 2, 3, 4, 6, and 7, Plaintiff responded that it would produce certain documents, but the motion offers no evidence that Plaintiff has refused to actually produce them. The motion states, “June 20 came and went with no production or any response from plaintiff's counsel. (Nelson Decl. ¶ 10.)” (Moving P&A at 4:22‐23.) Paragraph 10 to the Nelson Declaration states merely that Attorney Nelson did...

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: ...is for binding arbitration. When arbitration is pursuant to Code of Civil Procedure section 1280 et seq., the resulting arbitration award is, in substance, binding. Judicial arbitration is nonbinding; a party dissatisfied with the award may reject the award by requesting trial de novo. In contrast, when arbitration is under Section 1280 et seq., such as what the present motion seeks, the arbitration award may be attacked only on limited grounds. ...

Excerpt: ...fraud. Further, it does not allege facts that can reasonably support a finding of malice or oppression, as defined by Civ. Code § 3294. The allegations lump defendants together, without specifying what acts/conduct Fidelity allegedly engaged in that constitutes fraud, oppression, and/or malice. Further, the allegations of wrongdoing appear directed at the lender and/or servicer of the loan. There is no allegation Fidelity was the lender or servi...

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. ...