Excerpt: ...or O'Keefe‐Mikumo Co., Inc. (OKM) and Mr. Mikumo such that the separate personality of the corporation no longer exists, and that an inequitable result would follow if the corporate separateness were recognized. Sonora Diamond Corp. v. Superior Court (2000) 83 Cal.App.4th 523, 538‐ 9. The Court finds the following facts/factors to be relevant and persuasive. First, the evidence suggests a unity of interest between OKM and Mr. Mikumo, which re...

Excerpt: ...UEN CHENG WONG TRUST. Code Civ. Proc. § 437c. On its merits, the motion is denied due to the existence of multiple triable issues: (1) whether the relationship between Plaintiffs and Defendant YASUO ITO was fiduciary in nature (UMF No. 8); (2) whether any Defendant failed to diligently pursue a Certificate of Occupancy (UMF Nos. 13, 15, 16, 17, 18, 19, 28, 34, 35); (3) whether any Defendant misrepresented the status of the project (UMF Nos. 29, ...

Excerpt: ...articular interpretation of the document. Cross‐Defendant's Demurrer to AW Distributing Inc.'s First Amended Cross‐Complaint is SUSTAINED without leave to amend as to the Third Cause of Action for Breach of the Implied Covenant of Good Faith and Fair Dealing, and as to the Fourth Cause of Action for Equitable Indemnity. Cross‐Defendant's Demurrer is OVERRULED as to the Second Cause of Action for Breach of Contract. Second COA Reading the pl...

Excerpt: ... burden in moving for summary judgment. (See C.C.P. § 437c(p)(1).) Plaintiff's Memorandum of Points and Authorities and Separate Statement address the open book account and account stated claims. However, the Complaint also alleges a claim for goods, wares and merchandise sold and delivered to Defendant Jeffrey Chen (“Defendant”) and for which Defendant promised to pay Plaintiff. (See Complaint, p.3, ¶ CC‐1(b)(3).) Plaintiff also appears ...

Excerpt: ...f's motion for costs, expenses and attorney fees. OVERRULED. 2. ¶7 – Speculation, Relevance, Prejudicial, Lacks Foundation, Argumentative/Conclusory The language objected to describes a Bill of Costs filed in another case. The speculation and relevance objections are not well‐taken. The language is laying foundation for the document. OVERRULED. 3. ¶9 – Argumentative, Inadmissible Opinion, Speculative, Relevance, Prejudicial The paragraph ...

Excerpt: ...” (CRC Rule 3.1320(a).) Cross‐defendant's demurrer is embedded within the Notice. It states none of the grounds set forth in Code of Civil Procedure section 430.10. Since the Notice does not identify any specific cause of action, the Court deems the demurrer to be on the ground that the entire crosscomplaint fails to state a cause of action. The supporting points and authorities, however, argue that only the first cause of action for indemnit...

Excerpt: ...r conditions or covenants alleged to have been violated.” The court disagrees. The 3‐day notice, which is attached to the complaint as “Exhibit 3,” clearly advised Defendant that he was in violation of Section 19A of the parties' lease agreement, and the notice quotes that lease provision in full. Defendant further contends that “the complaint fails to state a cause of action for unlawful detainer in that the complaint fails to allege t...

Excerpt: ... documents is GRANTED, in part, and DENIED, in part. The motion to compel Mr. Lopez's deposition is GRANTED. Defendant is ordered to appear for deposition within 14 days of this order. The motion to compel production of documents is DENIED. Plaintiff is entitled to take Mr. Lopez's deposition pursuant to CCP § 2025.010. Plaintiff noticed Mr. Lopez's deposition for April 10. Defendant asserted a general objection to the deposition notice on the g...

Excerpt: ...rtinent part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding...” The power of the courts to allow amendment of pleadings is to be liberally exercised so that cases may be decided on their merits. Desny v. Wilder (1956) 46 Cal. 2d 715, 751. Courts are bound to permit amendments to the complaint “at any stage of the proceedings, up to and including trial”, and ...

Excerpt: ...r Code Civ. Proc. § 1008. Plaintiff failed to serve timely responses to Defendant's discovery requests, and thus waived all objections. See Code Civ. Proc. §§ 2030.290(a); 2031.300(a); 2033.280(a). Plaintiff then did not oppose any of Defendant's underlying motions to compel. Plaintiff's attempted service of belated responses on 2‐1‐19 was ineffective because they were unverified and included objections, which had been waived. Appleton v. ...

Excerpt: ...as not reasonably necessary or helpful. (The motion is not supported by any declaration.) The Motion to Tax costs for electronic filing (Item 14) is granted in the amount of $1,404.00. This Court does not require and did not order electronic filing. (Code of Civ. Proc. §1033.5, subd. (a)(14).) The Motion to Tax costs of hotels (Item 16) is granted. Counsel's explanation for staying at a hotel and for the room rates is accepted. (Decl. of Becker ...

Excerpt: ...re it is proven by clear and convincing evidence that a defendant is guilty of “oppression, fraud, or malice”. Punitive damages may not be pled generally, but must be pled with specificity. Brousseau v. Jarret (1977) 73 Cal.App.3d 864, 872. Both sides here cite to Taylor v. Superior Court (1979) 24 Cal.3d 890, in which punitive damages were permitted against an intoxicated driver. Taylor involved a defendant who had a history of prior arrests...

Excerpt: .... As indicated in the declaration of Plaintiff's counsel, Plaintiff contends that the disclosure sought is material to the litigation because it is relevant to Officer McAlindon's credibility and to establish a “pattern of practice”: Officer McAlindon's discovery answers regarding the facts surrounding the incident differs materially from Plaintiff's version of the events in that it is claimed that [Plaintiff] was not cooperating, yet [Plaint...

Excerpt: ...his order. Defendant Siatuu seeks to set aside the default and default judgment pursuant to CCP § 473(d). Defendant contends that she “was never served” with the summons and that the judgment is void because, without proper service, the court had no jurisdiction to issue judgment. Defendant states in her declaration that “I believe I was never served with the Summons and Complaint in the Unlawful Detainer Matter. Nobody ever handed them to...

Excerpt: ...d cause of action for breach of contract (third party beneficiary) and Third cause of action for breach of the implied covenant of good faith and fair dealing. The Court takes judicial notice of certain party admissions made by Plaintiffs and their counsel in their prior Motion for Leave to File First Amended Complaint, specifically that Plaintiff ELITE was only recently found to be a third party beneficiary in this action following “formal and...

Excerpt: ... 2.6 (Kelly Dinger). Granted. The supplemental response shall indicate all titles and lines of work. 2.7 (Kelly Dinger). Granted. Even if Kelly Dinger did not attend high school or other American educational institutions, she must respond as to any “other academic or vocational institutions,” as stated in the interrogatory. 3.7 (Kelly Dinger, Bruce Dinger, and BKD). Denied as to Kelly Dinger, who responded fully and unambiguously, “No.” D...

Excerpt: ... allegations against Defendant JP Morgan Chase. 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). Plaintiff has not attached or set forth the terms of any alleged agreement with Defendant JP Morgan. The ...

Excerpt: ...e the general practice is to hear a motion to seal concurrently with the motion that is the subject of that request. Plaintiffs believed that the Court was indicating that no order to seal was required, when the Court was actually explaining that an ex parte order was not necessary and that the motion to seal could be calendared with the present motion to enforce settlement. There is no order permitting the sealing of documents related to this mo...

Excerpt: ...e/exemplary damages is GRANTED WITH LEAVE TO AMEND. The FAC's allegations of “malice,” “fraud,” and “oppression” are conclusory and unsupported by specific factual allegations. Further, the facts that are alleged are not specific as to each Defendant. Instead, Plaintiff groups all Defendants together, leaving each specific Defendant guessing as to which allegation(s) pertain to it. As to each Defendant, the Complaint must plead specif...

Excerpt: ...DENIED‐IN‐PART, as set forth below. The Ladnier‐Singal Family Trust is Revocable The parties dispute whether the Ladnier‐Singal Family Trust (Trust) is revocable, and thus subject to Probate Code § 18200 (creditors may reach its assets), or irrevocable. Based on the evidence submitted, the Court finds the Trust is revocable. See 5‐22‐19 Request for Judicial Notice, Ex. AB (Sacramento County Superior Court reaching the same conclusion...

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: ..., 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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...reement to extend the 90‐day period for initiating an action to enforce the lien, Respondent failed to file an action in this court prior to the agreed upon deadline of February 15, 2019. As a result, the lien is unenforceable. Cal. Civ. Code § 8460; CCP § 392; Automatic Sprinkler Corp. v. S. Cal. Edison Co., 216 Cal. App. 3d 627, 634–35 (Ct. App. 1989). Respondent's opposition to the Petition relies on authority holding that “the grant o...

Excerpt: ...eccato and Beatrice Ceccato (“Ceccatos”) for Reconsideration of the March 1, 2019 Order (filed on March 5, 2019) Granting the Application of Cross‐Defendants Mansa Construction Corporation dba Era Green Banker Realty, Stanley Lo, and Mirna Gonzales (“Cross‐Defendants”) for Determination of Good Faith Settlement (hereinafter “Order”), the court rules as follows: By order of the Presiding Judge, this matter is assigned for hearing t...

Excerpt: ... of Court. Plaintiff shall comply with the California Rules of Court in all other respects. Plaintiff bears the burden of pleading and proving timely filing of a sufficient complaint with the DFEH and obtaining a right‐to‐sue notice. See Holland v. Union Pac. R.R. Co., 154 CA4th at 945; Jumaane v. City of Los Angeles (2015) 241 CA4th 1390, 1402; Kim v. Konad USA Distribution, Inc., 226 CA4th at 1345‐1346. Plaintiffs' complaint appears to at...

Excerpt: ...e of limitations had not yet run at the time of the filing of the complaint on July 27, 2016. The first amended complaint adequately identifies which of the Plaintiffs were minors at the time of the decedent's death. With respect to the adult Plaintiffs, Defendants have the burden of proving that Plaintiffs discovered or should have discovered the facts alleged to constitute Defendants' wrongdoing more than one year prior to filing this action. S...

Excerpt: ...LC did not seek leave to amend First American's answer, and First American is not seeking leave to amend Elevation's pleadings. Nonetheless, considering that there is no opposition to the request, First American's request is GRANTED to the extent it seeks leave to file its proposed amended answer. First American shall file and serve the amended answer within 10 days of this order. First American's request to bifurcate the trial, which is also not...

Excerpt: ... Cal.App.3d 327, 335 [“the prevailing view is that it is only in the truly exceptional case involving a single, simple issue with minimal evidentiary support that a court will consider the merits of a motion unaccompanied by a separate statement”].) The Complaint alleges three causes of action to which Plaintiff is seeking summary judgment. Plaintiff's Memorandum of Points and Authorities discusses the elements of each cause of action, but th...

Excerpt: ... its claim to possession of the collateral identified in the 3‐28‐19 Declaration of Karen Tennant. The evidence indicates Defendant breached the parties' “Master Promissory Note and Security Agreement” (Note) by failing to make the required payments, giving Plaintiff the right to take immediate possession of the collateral. Defendant has not opposed the application. Because Defendant appears to owe more on the Note than the collateral's c...

Excerpt: ...r Summary Judgment is DENIED. The Complaint seeks both possession of the property and damages. West Ridge's moving papers state that “[fo]r purposes of this motion, Plaintiff has reserved its claim for money damages.” However, Plaintiff has not dismissed, or stated its willingness to dismiss from this case, its damages claim. The moving papers do not establish the amount of damages owed. Further, Plaintiff's proposed Order and proposed Judgme...

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...

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...