Excerpt: ...action. (C.C.P. § 1030(a).) The court shall order the undertaking if the moving defendant establishes through evidence that: (1) the plaintiff is an out‐of‐state resident, and (2) that there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding. (C.C.P. § 1030(b).) If the court determines that the grounds for the motion have been established, the court shall order that the plaintiff f...

Excerpt: ...es. Mr. Gross's declaration states that “The timekeepers listed [in the summary sheet of fees incurred] include attorneys Daniel Tobin, Elisabeth Connell, Tanya Taylor, myself and paralegal Karen Miller. The billing rates charged for each timekeeper are reasonable rates for lawyers and paralegals with commensurate experience litigation similar actions in California.” Gross Decl., ¶ 6. Plaintiff, however, has not submitted declarations from t...

Excerpt: ...s not reasonable. As with the defendant in Hopkins v. Carley, 200 Cal. App. 4th 1401 (2011), Defendant did not exercise reasonable diligence in arranging for his defense. As the court noted in that case: . . . Before a defendant can secure relief under section 473(b) based on a failure to adequately defend himself, he must show that “‘in arranging for his defense ... he has exercised such reasonable diligence as a man of ordinary prudence usu...

Excerpt: ...d in April 2018 and that Darren Wallace has been named Executor of Plaintiff's estate. A probate estate is not a legal entity; it has no capacity to sue. Any litigation for the decedent must be maintained by the executor, administrator, or trustee of the estate. (Galdjie v. Darwish (2003) 113 Cal.App.4th 1331, 1344; Code of Civ. Proc. Sect. 368.5 (decedent's estate may substitute executor or other representative into action as party).) Plaintiff,...

Excerpt: ...or coordination under Code of Civil Procedure section 404.1; and the cases are “not complex” under guidelines established by the Judicial Council. (See Code of Civ. Proc. § 403.) The motion does not meet the criteria for transfer and consolidation. A. The Motion Does not Demonstrate Common Questions of Fact. The motion does not show that common questions of fact exist. In the present action, Plaintiff alleges that he was injured when the bus...

Excerpt: ...RY HALTEH, TRUSTEES OF THE HALTEH SI & MS 2000 TRUST TENTATIVE RULING: Plaintiff's request for judicial notice that on August 6, 2018 the Agent for Service of Process for PROGRESSLY, INC., resigned and filed a resignation with the California Secretary of State is GRANTED pursuant to California Evidence Code Section 453 as the information is not subject to reasonable dispute. Plaintiff's remaining requests for judicial notice are DENIED. Plaintiff...

Excerpt: ...ot that it will obtain a judgment against the defendant. Daiho claims Defendant AWD breached the parties' Master Transaction Agreement by failing to pay hundreds of invoices issued to AWD from December 2016 to May 2018. Daiho claims the total principal amount owed under the invoices is $11,502,014.21. Daiho's claim is supported by the declaration of Toru Hosoi, general manager of Daiho's Overseas Division. AWD claims that it made $9,182,517.74 in...

Excerpt: ...otion is denied. 1. The Motion Is Procedurally Defective. To coordinate actions that are in different courts, a party may file a Petition for Coordination. The petition for coordination must be submitted to the “Chairperson of the Judicial Council.” (Code of Civ. Proc. §404.) The present motion, even if deemed a “petition,” does not satisfy this requirement. Instead of serving the petition on the Judicial Council, Plaintiff filed it with...

Excerpt: ...D in its entirety. Summary judgment “shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Code Civ. Proc. §437c(c). Summary judgment in favor of a defendant is proper if (1) the defendant shows that one or more elements of a cause of action cannot be established or there is a complete defense to it; and (2) the plaintiff...