Excerpt: ...rder requires that Plaintiff meet and confer with Defendants and attempt to resolve the present dispute informally, and if unsuccessful, to then participate in a mediation with Defendants prior to filing a motion in Court to enforce the Agreement. Thus, the parties contractually agreed, and the Court ordered, that the § 9 ADR procedure constitutes a prerequisite to either party seeking Court intervention to enforce the Agreement. See 7‐6‐20 ...

Excerpt: ...t aside a default under § 473(b) “shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted …”). To the extent Defendant seeks relief under § 473(d), the moving papers provide no persuasive argument or authority indicating the Judgment is somehow “void.” Further, and as independent grounds for denying the motion, it lacks sufficient evidentiary support. ...

Excerpt: ...FS LUIS B. CABRERA AND NORMA CABRERA (“PLAINTIFFS”). TENTATIVE RULING: Defendants Select Portfolio Servicing, Inc., Deutsche Bank National Trust Co., and JPMorgan Case Bank, N.A.'s demurrer to Plaintiffs' first amended complaint is SUSTAINED without leave to amend. The claims asserted by Plaintiffs against Defendants Select Portfolio Servicing, Inc., Deutsche Bank National Trust Co., and JPMorgan Case Bank, N.A. are barred by the doctrine of ...

Excerpt: ...e of the evidence that “minimum contacts” exist between defendant and the forum state to justify the imposition of personal jurisdiction. (Mihlon v. Sup. Ct. (1985) 169 Cal.App.3d 703, 710; Ziller Electronics Lab GmbH v. Sup. Ct. (1988) 206 Cal.App.3d 1222, 1232.) Here, Plaintiffs Jeffrey C. Poetsch and JC Poetsch Advisors, Inc. (“Plaintiffs”) have not established that the court has either general or specific jurisdiction over Defendants....

Excerpt: ...f”), is ruled on as follows: (1) Defendant's Request for Judicial Notice Defendant's Request for Judicial Notice is GRANTED as to Exhibits A, B, C, E, F, G, J and K. Defendant's Request for Judicial Notice is GRANTED as to Exhibits D, H, I, and L, but the court does not take judicial notice of the truth of the matters asserted in any of these documents. (See Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 8...

Excerpt: ...ation”), is DENIED. Suntrek contends that it only manufactured the solar system installed at the property, and therefore has no liability for the claims alleged in Plaintiff Tremin Corporation's (“Tremin”) Complaint (and therefore no liability on Warm Corporation's Cross‐Complaint seeking equitable contribution, indemnity and apportionment) because Tremin's claims do not allege the solar system was defective. However, Warm Corporation sho...

Excerpt: ...ration states “I was not contacted by counsel for Plaintiffs prior to the filing and service of this Motion to Compel. The only communications I had with counsel regarding the issues in this Motion were my repeated requests for production by Plaintiffs of a list of all patients Plaintiffs allege Defendants ‘stole' from Advance Male Medical, Viceroy Health and/or Dr. Shah.” Because the declaration required by CCP §§ 2016.040 and 2031.310(b...

Excerpt: ...sed in the briefing, even where requested documents are relevant, in assessing discoverability, the Court considers both the requesting party's discovery rights and the corresponding burden imposed on the responding party. Given the asserted claims here, the Court generally agrees that the requested documents are reasonably calculated to lead to the discovery of admissible evidence. Code Civ. Proc. § 2017.010. It also appears, however, that a co...

Excerpt: ...aim that the matters raised in Plaintiffs' Petition are not reviewable because they do not fall within the grounds identified in CCP § 1286.2. The Court disagrees. The Court finds the parties expanded the scope of review under the following provision of the arbitration agreement: . . . The determination of the arbitrator shall be accompanied by written findings of fact and conclusions of law of the arbitrator and the decision shall be reviewable...

Excerpt: ...llegations, if proven, are sufficient to permit a jury to find that Defendant's actions were malicious or fraudulent. The Complaint need not allege approval or ratification by an officer, director, or managing agent. The allegation of corporate approval or ratification is necessary only when punitive damages are sought against an “employer,” based on the wrongful acts of an employee. (See Civ. Code sect. 3294, subd. (b).) The allegations for ...

Excerpt: ...ice of responses to his RFA's. The request is therefore DENIED: Plaintiff's Motion to Deem Facts Admitted and request for sanctions are DENIED. Plaintiff did not demonstrate that his Request for Admissions was properly served. Motion to Compel Defendant has stipulated to an order compelling responses to Plaintiff's Request for Production of Documents and Interrogatories. This portion of the Motion is therefore GRANTED: Plaintiff's Motion to Compe...

Excerpt: ...erials were publicly “scattered, spread widely, broadcast or disperse[d]” to a significant number of persons in California. But paragraph 15 (quoted above) alleges that the false material was “distributed” to Defendant's “existing and prospective customers . . . .” (para. 15.) 2. On demurrer, the Court must construe the complaint liberally in the plaintiff's favor. The allegation that Defendant “distributed to . . . existing and pro...

Excerpt: ... limitations defect, which appears clearly and affirmatively on the face of the FAC. McMahon v. Republic Van & Storage Co., Inc. (1963) 59 Cal.2d 871, 874. Plaintiff admits that he waited nineteen years to assert a claim to the Subject Property, despite his claim allegedly accruing in November 1999, and despite having had, at all times, the right to be placed on title to the Subject Property “upon his request”. (FAC ¶¶ 22‐23.) The demurre...

Excerpt: ...T LEAVE TO AMEND. Code Civ. Proc. § 430.10(e). Plaintiff has filed four versions of the Complaint. In response to the Court's 2‐25‐19 Order sustaining Defendants' Demurrer to the Second Amended Complaint (SAC), Plaintiff filed the operative TAC, which is virtually identical to the SAC, with the exception of minor additions to ¶¶ 36‐37. These minor changes, however, do not cure the defects raised in Defendants' Demurrer to the SAC. For th...

Excerpt: ...t to “postpone stressful, prolonged legal proceedings, until a course of treatment has been established,” (2) that she was in the process of hiring an assistant to help search documents to respond to the request for production, and (3) she was willing to participate in a deposition when medically able. In the intervening month, Defendant has not offered any evidence updating her medical status, has not responded to document requests, has not ...

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: ...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: ...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: ...Opposition, p.1, 2] Plaintiff misunderstands the burden of proof. On a motion to expunge lis pendens, it is the duty of the party opposing the expungement motion to defeat the underlying bases for the motion by establishing the existence of a real property claim, and the probable validity of the underlying real property claim, by a preponderance of the evidence. CCP §§ 405.30, 405.32. Plaintiff has presented no evidence, in the form of declarat...

Excerpt: ...ninth and tenth causes of action. A. Procedural Issues. 1. The Present Motion is Permissible. The minute order from Defendant's previous motion that the Court “declines the request to make these rulings either specifically with or without prejudice” is not a ruling that Defendant may not bring the present motion. A party may not “move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the ...

Excerpt: ...which would seek only the following documents: [Plaintiff's] personnel file, documents pertaining to [Plaintiff's] earnings, documents pertaining to any charges, complaints or lawsuits by [Plaintiff] against Advanced Medical Personnel and documents pertaining to the termination of her employment if applicable. Given the generally broad scope of discovery rights, the proposed narrowed subpoena above is reasonable and permissible and does not undul...

Excerpt: ...OSSFELD LLP TENTATIVE RULING: The Motion of Michael G. King and Hennelly & Grossfeld, LLP (“Plaintiffs' counsel”) for Reconsideration is GRANTED. Plaintiffs' counsel provides new or different facts and circumstances to warrant reconsideration of the Court's April 8, 2019 orders denying Plaintiffs' counsel's Motions to be Relieved as Counsel for Plaintiffs. The Court notes that Plaintiffs Napean Capital Group, LLC and Frederic Shih‐Hsing Yan...

Excerpt: ...tified grounds upon which punitive damages are recoverable. As noted in the court's ruling on Defendants' demurrer, Plaintiff's claim for fraud is unsupported by specific factual allegations. The motion to strike all claims for attorney's fees is GRANTED WITH LEAVE TO AMEND. Attorney's fees must be authorized by contract, statute, or law. Code Civ. Proc. §§ 1021; 1033.5(a)(10). Plaintiff's complaint contains no allegations supporting the reques...

Excerpt: ...e a cause of action for fraud. Committee on Children's Television, Inc. v. General Foods Corp. (1983) 35 C3d 197, 216; Philipson & Simon v. Gulsvig (2007) 154 CA4th 347, 363. Further, although Plaintiff has named multiple defendants in this suit, Plaintiff has not identified the party or parties to whom this cause of action is directed pursuant to CRC 2.112. The Demurrer to the Second Cause of Action for negligent representation is SUSTAINED ...

Excerpt: ... required by Section 2025.450(a). However, they did appear at an earlier‐scheduled, and then canceled, deposition and requested alternative dates for the rescheduled depositions based on medical need. Defendants are in agreement that the depositions should take place. Plaintiff's counsel's insistence on particular documentation regarding the medical excuse before agreeing to reschedule was made without legal support, but the short time for tria...