Excerpt: ..., 2015 form EJ‐190 Application for and Renewal of Judgment and October 16, 2015 Amended Application for and Renewal of Judgment constituted the unauthorized practice of law to the extent that the application was made on behalf of the seventeen other judgment creditors who were included on Attachment “A” to that Application and Amended Application. Timberline Inc. v. Jaisinghani (1997) 54 CA 4th 1361, 1367; People v. Landlords Professional S...

Excerpt: ...ed in bad faith or without substantial justification.” (Code of Civ. Proc. § 1987.2, subd. (a).) There is no showing that Debtor opposed the motion in bad faith or without substantial justification. Section 708.170 permits awarding sanctions or fees for this motion, but the Motion states expressly that the request is pursuant to only section 1987.2. (Moving P&A at 3:22‐25.) The request for sanctions, therefore, is denied for lack of notice. ...

Excerpt: ...RRULED. Defendant argues the breach of contract claim fails to state a cause of action (Code Civ. Proc. § 430.10(e)) because (a) if § 8.1 is properly construed, the Complaint does not allege a breach; (b) § 8.1 is an unenforceable non‐compete provision; and (c) the liquidated damages clause is unenforceable. The Court addresses each argument in turn. First, the Court finds that the Complaint sufficiently alleges a breach of § 8.1. Defendant...

Excerpt: ...ready been conclusively established by Defendant's default, and Plaintiff may seek a judgment against Defendant. The court notes that the requirements for issuance of a writ of possession – that a plaintiff's claim have “probable validity” and that the plaintiff obtain an undertaking – have no meaning or purpose where a pre‐trial writ of possession is sought after the defendant's default. Further, even if Defendant had submitted an oppo...

Excerpt: ...t base this motion on the premise that Attorney Eassa presently represents Fox Bayshore on one side and Steven Porter on the other, and their respective positions are adverse. Fox Bayshore is named only as a nominal defendant, whose interests are not adverse to Plaintiff Stephen Porter. In the complaint, Attorney Eassa is not representing any interest that is adverse to Fox Bayshore. 2. The Cross‐complaint. The Cross‐complaint alleges that th...

Excerpt: ...idence are OVERRULED. Cross‐Defendant Michelle Charles's Motion for Summary Judgment, or in the Alternative, Summary Adjudication is DENIED pursuant to Code of Civ. Proc. Section 437c. A reasonable trier of fact could find that Cross‐Complainant Danwen's evidence of online wire transfers from MAD's Chase bank account to Cross‐Defendant Michele Charles, as well as the testimony contained in Cross‐Defendant Charles's Exhibit 28 to her Compe...

Excerpt: ...intervention is GRANTED. BBSI shall separately file and serve its complaint in intervention as set forth in CCP § 387(e) within 14 days of this order. Intervention of a nonparty in an action or proceeding is governed by CCP § 387. That section provides in pertinent part: (d)(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision ...

Excerpt: ... the authority cited by Plaintiff states only that a claim for spoliation may arise if a “duty based on contract” exists. (Cooper v. State Farm Mut. Auto. Ins. Co. (2009) 177 Cal. App. 4th 876, 894) Plaintiff does not allege or contend that any contractual relationship exists between Plaintiff and Defendant. Negligent Infliction of Emotional Distress “is not an independent tort, but the tort of negligence.” (Burgess v. Superior Court (199...

Excerpt: ... WITH LEAVE TO AMEND. As noted in the moving papers, the FAC does not allege that Plaintiff performed under the contract or was excused from performance. Further, where an action is based on an alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written instrument must be attached and incorporated by reference. Otworth v. S. Pac. Transportation Co., 166 Cal.App.3d 452, 459 (1985)....

Excerpt: ...eir counsel, can properly meet and confer further and, in good faith, attempt to resolve this dispute without Court intervention. The Court notes that on May 9, 2019, Plaintiff Tom Gehman, Jr. (Junior) obtained new counsel, Peter Myers. It does not appear Mr. Myers has had a chance to participate in a meet and confer. From the papers, it is unclear exactly which provisions/terms in the proposed irrevocable trust Junior finds objectionable, aside ...

Excerpt: ...the time for Oasis's response to January 31. On that date, Oasis submitted a declaration pursuant to CCP 430.41(2), extending the time to file a responsive pleading by 30 days. However, Oasis filed the present demurrer and motion to strike on March 6, after the time to file a responsive pleading expired. Accordingly, Oasis's motion is untimely. Because Oasis has provided no explanation for its untimely filing, the court overrules the demurrer on ...

Excerpt: ...the time for Oasis's response to January 31. On that date, Oasis submitted a declaration pursuant to CCP 430.41(2), extending the time to file a responsive pleading by 30 days. However, Oasis filed the present demurrer and motion to strike on March 6, after the time to file a responsive pleading expired. Accordingly, Oasis's motion is untimely. Because Oasis has provided no explanation for its untimely filing, the court overrules the demurrer on ...

Excerpt: ...ART and DENIED‐IN‐PART, as set forth below. The Motion for Summary Judgment is DENIED. West Ridge's Complaint seeks both possession of the property and damages. The moving papers state: “For purposes of this motion, Plaintiff has reserved its claim for money damages.” The meaning of the above statement is unclear. Both West Ridge's proposed Order and proposed Judgment ask the Court to determine the amount of damages owed. West Ridge has n...

Excerpt: ...e first cause of action. 1. A Triable Issue Exists About Whether Plaintiff Knew or Should Have Known of the Damage Before March 2015. The statute of limitations is 3 years. Plaintiff filed his complaint on March 2, 2018. The issue is whether Plaintiff knew or should have known of the damage no earlier than March 2, 2015. CITY's argues that Plaintiff admitted that the Google Images accurately depict his house “at all relevant times.” (UMF 1.) ...

Excerpt: ...ervice of the moving papers, (2) a copy of the filed judgment, or (3) a proposed order. The court granted leave to file an amended motion to cure these defects. The court's prior ruling also indicated that Defendant had failed to provide authority for the relief sought; i.e. enforcement of a non‐money judgment. Now that the parties have provided a copy of the filed judgment, it is clear that the court must deny the present motion for the same r...

Excerpt: ...robable dangerous consequences of his conduct, and that he willfully and deliberately failed to avoid those consequences. Pacific Gas and Electric Company v. Superior Court, (2018) 24 Cal.App.5th 1150, 1159. The allegations in the complaint are not sufficient to establish that Defendant was aware of the probable consequences of his conduct and that Defendant willfully and deliberately failed to avoid those consequences. If the tentative ruling is...

Excerpt: ...mains and a dental bridge that were supposed to be from David Seid but which did not come from or belong to David Seid, a mix‐up that Plaintiffs have repeatedly sought to be corrected and acknowledged by Defendants, so far to no avail. 27. Repeated demands that the defendants help correct the mixed up remains issues have failed to result in cooperation and failed, to date, to result in defendants working to correct the mix up. [SAC, ¶¶ 3, 27]...

Excerpt: ...y dismissed from this action without prejudice. (See court's August 21, 2018 order.) The proposed First Amended Complaint includes additional allegations to support that Grecu is the alter ego of Defendant Interstates Vanlines, LLC (“IVL”). However, the court, in ruling on Grecu's prior motion to quash/dismiss for lack of personal jurisdiction, found that Plaintiff failed to meet her burden of establishing by a preponderance of the evidence t...

Excerpt: ...Complaint (TACC) alleging, inter alia, fraud and extortion, is DENIED. Code Civ. Proc. § 437c. Goguen's alternative Motion for Summary Adjudication (see 11‐21‐18 Notice of Motion, identifying Issues Nos. 1‐4), is also DENIED, for the reasons explained below. As a preliminary matter, Goguen's Reply brief argues that because Baptiste's 1‐25‐19 responsive Separate Statement does not cite to any evidence, as a matter of law, it cannot rais...

Excerpt: ...parties. The Motion to Compel the Request for Production of Documents in the Notice of Deposition is DENIED as to Request nos. 1 and 2, except as to copies of checks to or from Defendant, McDonald's Restaurants, and Travel Faire, Inc. that Plaintiff has agreed to produce. The requests for the remaining checks and deposits are denied because Defendant failed to provide a separate statement in compliance with CRC Rule 3.1345(a)(5). These requests a...

Excerpt: ...covery requests that may not impinge on Defendant's 5th Amendment right against self‐incrimination, the court finds no benefit in permitting only some limited discovery to proceed against Defendant Li. The piecemeal determination of which particular discovery requests or categories of information are discoverable will necessarily result in additional expenditure of judicial resources, as well as the resources of both parties. Further, the near ...

Excerpt: ... the forum state is such that the exercise of jurisdiction does not offend “traditional notions of fair play and substantial justice.” International Shoe Co. v. State of Wash. (1945) 326 US 310, 316. Jurisdiction is proper where the contacts proximately result from actions by the defendant himself or herself that create a substantial connection with the form state. Burger King Corp. v. Rudzewicz (1985) 471 U.S. 462, 475. California has the br...

Excerpt: ...ry, Plaintiffs fail to establish that Defendant HOLTZMAN both purposefully availed himself of forum benefits with respect to the matter in controversy, and that the controversy is related to or arises out of Defendant's contacts with California. Accordingly, the motion to quash is GRANTED. 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 immediatel...

Excerpt: ...t Grand Century Secured Investments, LLC. Peak Foreclosure Services, Inc. and DOES 1‐50),” and not specifically against Defendant Migdal. However, paragraphs 55‐57 specifically refer to Defendant Migdal, and make allegations against him. Additionally, Plaintiff's prayer for relief requests relief against all Defendants, including Migdal, as to all causes of action. Also, as Defendants have pointed out, Plaintiff has alleged that Defendant M...

Excerpt: ...efendant Migdal. However, paragraphs 55‐57 specifically refer to Defendant Migdal, and make allegations against him. Additionally, Plaintiff's prayer for relief requests relief against all Defendants, including Migdal, as to all causes of action. Also, as Defendants have pointed out, Plaintiff has alleged that Defendant Migdal is Defendant Grand Century. Therefore, on the face of the pleading, Defendant Migdal has standing to contest the Fourth...