Excerpt: ...) the claim upon which the attachment is based is one upon which an attachment may be issued, (2) Petitioner has established the probable validity of her claim (see Code Civ. Proc. § 481.190, “more probable than not…”), (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based, and (4) the amount to be secured is greater than zero. Code Civ. Proc. § 483.090(a). Based on the alle...

Excerpt: ... CONTINUED to January 17, 2020 at 9 a.m. in the Law & Motion Department to allow Plaintiff time to conduct jurisdictional discovery. Defendants' alternative Motion to Dismiss on grounds of inconvenient forum (forum non conveniens) is DENIED, for the reasons stated below. Personal jurisdiction is determined by evidence, not allegations Without belaboring the issue, the Court notes that when a Defendant challenges the Court's personal jurisdiction ...

Excerpt: ...tive ruling, Plaintiffs served a “partial joint response” to Defendants' requests for production. In conjunction with that response, Plaintiffs produced approximately 600 pages of documents. Subsequent to the filing of this motion, Plaintiffs produced approximately 1900 electronic files. In this motion, Defendants emphasize that Plaintiff's production was deficient. According to Defendants, “[Plaintiffs] have disobeyed [the court's July 23]...

Excerpt: ...tani et. al.'s express request. See 8‐16‐19 Minute Order. Dattani et. al. has repeatedly represented that this civil case should follow the criminal case. See 8‐22‐19 Wood Decl., ¶6 (“In Dec. 26, 2018 Defendants moved to continue trial, in accord with Defendants understanding that everyone agrees the criminal matter must proceed before the civil matters.”). The criminal case has not yet resolved. Further, Dattani et. al. has not iden...

Excerpt: ...low, the Court cannot resolve these disputed issues as a matter of law. First, the record contains sufficient evidence of negligence to withstand summary judgment/adjudication. The underlying facts appear largely undisputed. Defendants represented Plaintiffs/sellers in two 2012 real estate transactions, the first of which fell through. In the first transaction (involving potential buyer McLaughlin), Defendants received and reviewed a preliminary ...

Excerpt: ...CrossComplainant McLean's contention, the mandatory provision of § 473(b) does not require a showing of excusable neglect. Further, even had there been no attorney declaration, Abaunza's own neglect/failure to timely respond to the Cross‐Complaint after his attorney withdrew was excusable. After Mr. Hecht substituted out of the case on 10‐25‐18, Abaunza obtained new counsel within about four months, who promptly sought relief from the defa...

Excerpt: ... petitioning activity. Plaintiff's complaint alleges an unlawful detainer cause of action based on failure to pay rent and failure to cure following notice of default. Defendant's declaration asserts that “this lawsuit is a retaliatory eviction lawsuit for expressing my First Amendment right for free speech in connection with the public interest after I called the police and reported Mr. Victor Scheff for yelling into my face from a close dista...

Excerpt: ...asserted in Raval v. Wells Fargo Bank, San Mateo County Superior Court case number 18 CIV 00308, or are based on the same primary rights that were asserted in case number 18 CIV 00308. The plaintiffs and the demurring defendants in this action are identical to the parties in the prior action. The prior action ended with Judgment of Dismissal against Plaintiffs after demurrer was sustained without leave to amend. The judgment in that action is fin...

Excerpt: ...wing that the relevant portions of the complaint arise from protected freedom of petition or free speech activity under the United States Constitution or the California Constitution in connection with a public issue pursuant to Code of Civ. Proc. Section 425.16(b)(1). If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court's ruling fo...

Excerpt: ...rsuant to Code Civ. Proc. §664.6. The motion appears to have merit. The Opposition only argues the Court lacks jurisdiction because Plaintiffs filed a 10‐29‐18 Request for Dismissal without requesting that the Court retain jurisdiction to enforce the Settlement Agreement. That issue, however, is now moot because the Court is granting Plaintiffs' related Motion for Relief from Dismissal under Code Civ. Proc. §473(b). The Opposition does not ...

Excerpt: ...al, filed 02‐14‐19, is GRANTED. Code Civ. Proc. §473(b); Basinger v. Rogers & Wells (1990) 220 Cal.App.3d 16, 21; see also The Rutter Group: Civ. Proc. Before Trial, §12:982 (“Where a settlement agreement provides the court may retain jurisdiction to enforce the settlement, but the dismissal fails to provide for retained jurisdiction, plaintiff's remedy is to move to vacate or modify the dismissal under CCP §473(b) for ‘mistake, inadve...

Excerpt: ...usiness owners policy].” [Opposition, p.11] AMCO notes that “TDIC concedes that its BOP Policy does cover ‘Tenant Improvements and Betterments,'” and asserts that a portion of the sums AMCO paid were for improvements covered by the business owners policy issued by TDIC to Endodontics Associates. TDIC responds that AMCO “has failed to produce admissible evidence supporting such a claim.” [Reply, p.9] It also contends that “the partie...

Excerpt: ... state facts sufficient to support a cause of action. The First Amended Complaint fails to allege any facts with respect to Plaintiffs Marquetta Benton and Marquel Benton. Also, the First Amended Complaint attaches the form for one cause of action for general negligence. The elements of a negligence claim are: (1) a legal duty of care toward the plaintiff; (2) a breach of that duty; (3) legal causation; and (4) damages. (Century Sur. Co. v. Crosb...

Excerpt: ... Dec. 2015 notifying them of an address change and thereafter had no further interaction with Plaintiff or the court until after judgment was entered against him in early 2018. Defendant concedes he did not notify the court of a change of address, as required by CRC 8.32. By his own account, Defendant intermittently monitored the case on the court's website/docket in 2016 and 2017, but thereafter stopped. Defendant admits he could have contacted ...

Excerpt: ...e section 435.5 is based on an incorrect reading of the Code of Civil Procedure. Moving party's Reply brief contends that the meet/confer requirement is inapplicable because the motion is pursuant to sections 128(a) and 436. Section 128(a) merely identifies the court's general powers; it has nothing to do with a motion to strike. Section 436 authorizes a motion to strike. However, section 435.5 provides that the moving party must meet and confer ...

Excerpt: ...nder CCP §1632. That section provides, in pertinent part, as follows. (b) Any person engaged in a trade or business who negotiates primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, orally or in writing, in the course of entering into any of the following, shall deliver to the other party to the contract or agreement and prior to the execution thereof, a translation of the contract or agreement in the language in which the contract o...

Excerpt: ...th interests materially adverse to those of a prospective client in the same “or a substantially related matter” if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter.” (Rules of Prof. Conduct, Rule 1.18(b), (c).) Plaintiff contends that Defendant Chew failed to close escrow on the sale of Chew's property after consulting with Perkins Coie. Plaintiff contends that cer...

Excerpt: ...o the settlement, or (2) had no intention of honoring the terms of the settlement, or (3) allowed the motion to be filed because it intended to cause a delay of the trial or delay performance on the settlement causing additional damage to Elevation.” [MPA, p.3] Elevation, however, has failed to set forth sufficient facts to establish that Terrace acted for the sole purpose of harassment or delay. Counsel for Terrace asserts in his declaration t...

Excerpt: ...ing KW's Demurrer to the fraud cause of action in Plaintiffs' original Complaint, on grounds Plaintiffs had alleged no underlying facts supporting their conclusory allegation that KW ratified/authorized Defendant Yu's conduct (Civ. Code § 2339), and had alleged no facts supporting employer liability under the doctrine of respondeat superior. The 12‐6‐18 Order granted Plaintiffs leave to amend to allege, if they could, a fraud claim against K...

Excerpt: ...1) Defendant entered into an account with Bank of America, (2) Defendant authorized all transactions on the account, (3) the present balance is $5,005.59, and (4) Defendant's last payment on the account was on April 16, 2017. These admissions are sufficient to establish amount of a debt, but not sufficient to entitle Plaintiff to judgment on the pleadings. B. The Motion Fails to Dispose of Any Cause of Action. The complaint alleges three common c...

Excerpt: ... to Evidence Code Sections 403, 702, 1401, and 1402, and California Rules of Court Rule 3.1110(g). The assertion that the March 17, 2015 agreement, including both the English translation and the Chinese language version, was prepared by SUE is not supported by the evidence currently before the court. The remainder of Defendant's evidentiary objections are OVERRULED. Plaintiff's Motion for Summary Adjudication is DENIED pursuant to Code of Civ. Pr...

Excerpt: ...1, is ruled on as follows: The motion to Request nos. 12‐16 is GRANTED. The County establishes good cause for production of these documents. (See C.C.P. § 2031.310(b)(1).) Once good cause is shown, the burden shifts to the responding party to justify the objection. (Kirkland v. Sup. Ct. (2002) 95 Cal.app.4th 92, 98.) Here, Jane Doe #1 failed to oppose this motion, and therefore has not justified her objections. The motion to Request no. 17 is ...

Excerpt: ...detect the wrongful acts of Clark. A. The Proposed Cross‐Complaint Appears to State a Cause of Action. Generally, whether a pleading states a cause of action should be decided by demurrer, not on a motion for leave to file the pleading. For purposes of this motion only, the Court declines to apply the case of Jaffe v. Huxley Architecture (1988) 200 Cal.App.3d 1188. The same court that decided Jaffe later limited that case to its facts. (See Pla...

Excerpt: ...ion to Compel Arbitration and Stay Action is DENIED. Plaintiff waived his right to compel arbitration. Plaintiff complied with Code of Civil Procedure section 1281.5 by alleging that he does not waive the right to arbitrate and intends to move, within 30 days after serving the Complaint, to compel arbitration. (Code of Civ. Proc. Sect. 1281.5, subd. (a); see Complaint at 12:13‐20.) Section 1281.5 requires that “within 30 days” after serving...

Excerpt: ...sufficient evidence to establish that Judgment Debtor has the right to any payment from Momentum Auto Group, Inc. and Fairfield CJD, LP. The declaration of Plaintiff's account manager, Pliny Jones, states that declarant is informed and believes that Defendant is entitled to receive income from these entities as an independent contractor based on an internet search performed. However, declarant fails to set forth any facts to support how declarant...