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 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: ...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 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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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...