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: ... 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...