Excerpt: ...e as to any material fact and the moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). A defendant has met the burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action cannot be established, or that there is a complete defense to that cause of action. Code Civ. Proc. § 437c(p)(2). Once the defendant has met that burden, the burden shifts to plai...

Excerpt: ...t's duty of loyalty, which if proven would be a fiduciary breach. This claim would be subject to a 4‐ year statute of limitations. Plaintiff knew of the dual agency in October 2015 (Moving P&A at 16; FAC para. 58), which is less than four years before the Complaint filed. Since at least one alleged claim is not time‐barred, the demurrer fails to dispose of the causes of action. 2. Second, Third and Fourth Causes of Action. Demurrer is SUSTAIN...

Excerpt: ...Interrogatory No. 12.1 (Set One). Although the motion is not captioned as a motion to compel a further response per Code Civ. Proc. § 2030.300, that is the motion's clear intent, and both parties treat the motion as such, and thus the Court deems the motion as seeking to compel a further response to Plaintiff's Form Interrogatory No. 12.1. The motion is GRANTED. The LLC members' names and contact information is discoverable A civil litigant's ri...

Excerpt: ... motion earlier. However, under Rule 2.21, any response to an in limine motion may be filed as late as the first appearance in the Department of the Presiding Judge “for trial assignment.” Rule 2.21 implies that in limine motions are brought to the trial judge, not the Law & Motion Department. Plaintiff's argument that an early ruling would eliminate the need of conducting discovery (Reply at 2:26‐28) lacks merit. A plea of nolo contendre �...

Excerpt: ...on. If Plaintiff does not comply, then the Court will strike the motion instead. (Code of Civ. Proc. Sect. 128.7 (“unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party”).) If Plaintiff cures the omission, then the Court will rule as set forth below. 2. Regarding Defendant's citation to People v. Investco Mgmt. & Dev. the Court reminds Defendants' c...

Excerpt: ...hey repeatedly refer to the moving Defendants collectively, despite the fact that Defendants are alleged to have different roles in causing the incident in question. Any differences in the analysis with respect to each Defendant is noted below. Gross Negligence The moving Defendants contend, first, that Plaintiff's causes of action for gross negligence must fail “as there is insufficient evidence as a matter of law to establish any triable issu...

Excerpt: ...ct and the moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). A defendant has met the burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action cannot be established, or that there is a complete defense to that cause of action. Code Civ. Proc. § 437c(p)(2). Once the defendant has met that burden, the burden shifts to plaintiff to show that a tr...

Excerpt: ...riginally named as a defendant in the Complaint, was dismissed from this action without prejudice after he brought a Motion to Quash based on lack of personal jurisdiction. (See court's August 21, 2018 order.) Plaintiff then sought leave to amend to file a proposed First Amended Complaint to add allegations to support that Grecu is the alter ego of Defendant Interstates Vanlines, LLC (“IVL”). Plaintiff's motion was denied without prejudice. (...

Excerpt: ...Defendant expressly agreed in writing that he would pay the County for the treatment and services in accordance with the regular rates and terms of the Medical Center. UMF #3, 4. The County performed its obligations pursuant to the written agreements. UMF # 2. Defendant failed to pay for the medical treatment and services rendered to him, and the County has been damaged in the amount of 22,041.06. UMF # 5‐11. With respect to the claim for servi...

Excerpt: ...y finds this matter involves confidential business plans, valuation and financing strategies, negotiation and collaboration tactics, internal market research, and private corporate structure and financial information. The overriding interest supports sealing the record. The Court expressly finds there is an overriding interest in protecting Defendant's information from public disclosure. A substantial probability exists that the overriding intere...

Excerpt: ...Defendants contend the motion is moot because they provided signed verifications on September 3rd and 4th. Defendants, however, cite no authority in support of their contention that the motion is moot. There is, however, authority to the contrary. In Sinaiko Healthcare Consulting, Inc. v. Pac. Healthcare Consultants, 148 Cal. App. 4th 390, 408 (2007), the court concluded that untimely service of discovery responses does not deprive the trial cour...

Excerpt: ...Civ. Proc. § 1008(b). On 10‐10‐18, Plaintiff dismissed its entire case against BJ Interstate. Thereafter, on 4‐5‐ 19, BJ Interstate moved for sanctions against Plaintiff under Code Civ. Proc. § 128.5, asserting the same arguments it now rehashes here. BJ Interstate argued in the prior motion, inter alia, that Plaintiff knew or should have known from the day he filed this case, and certainly from the time Plaintiff filed his First Amende...

Excerpt: ...r, have not filed an opposition to Defendant's motion. Accordingly, based on Defendant's moving papers, the motion is granted. If Plaintiffs' papers in support of their request to continue the hearing is to be believed, Defendant has sales representatives based in California, and sells more of the subject airplane to buyers in California than to any other state. These facts, however, were not included in Plaintiffs' declaration in support of the ...

Excerpt: ...nt Christian Giguiere's (“Defendant”) motion to set aside sister state judgment is UNOPPOSED and GRANTED. On March 28, 2019, Judgment was entered against Defendant in the Supreme Court of the State of New York, County of Kings, as Defendant had executed an Affidavit of Confession of Judgment. The Confession of Judgment was signed by one person, Christian Robert Giguiere, on behalf of “Christian Robert Giguiere” and “Christian Giguiere.�...

Excerpt: ...cessary to prove his one‐line allegation that “at all relevant times, LOSK and HDC were alter egos of each other.” (Complaint ¶7.) Under California law, to invoke the alter ego doctrine, a plaintiff must show (1) that there is such a unity of interest and ownership that the separate personalities no longer exist, and (2) if a separate corporate existence is acknowledged, an “inequitable result” will follow. Automotriz v. Resnick (1957)...

Excerpt: ...ncurred a negative balance of $7,583.78 as of 12‐ 27‐16, and breached the agreement by failing to pay the amount owed. The burden shifted to Defendant to come forward with evidence creating a triable issue of fact as to the asserted claims, which Defendant has not done. The motion is unopposed, and none of Plaintiff's asserted material facts is disputed. Plaintiff must seek costs and attorney's fees via a post‐Judgment Memorandum of Costs a...

Excerpt: ...l causes of action alleged against the moving party. As set forth below, the motion does not dispose of all of Plaintiff's claims. B. Objections to Evidence. The Court exercises its discretion to not rule on Safeco's objections. None of the evidence to which Safeco objects was material to disposition of the motion. (Code of Civ. Proc. Sect. 437c, subd. (q) (court need rule “only on those objections to evidence that it deems material to its disp...

Excerpt: ...e years of seizure of the property as required by Health & Safety Code §11488.4(i)(3). As a result of the order deeming facts to be admitted, interested party admitted that Case No. 16‐NF‐ 014461‐A is the underlying and related criminal case within the meaning of Health & Safety Code §11488.4(i)(3). Petitioner offers no evidence of a conviction in that case. While petitioner provides evidence of a conviction in a different case, that conv...

Excerpt: ... sufficient evidence to determine that the settlement is within the range of the settling defendant's proportionate share of liability. There is no evidence as to an approximation of Cross‐complainant TOT's total recovery nor Ruby Plumbing's proportionate share of that liability. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Ruby Plumbing and Electrical Supply, Inc. shall prepare a writt...

Excerpt: ...ablished the existence of an arbitration agreement, and there is no basis to deny enforcement of the agreement under CCP §1281.2. Plaintiffs do not dispute that their claims for breach of fiduciary duty and dissolution of the A Family Affair Elder Care LLC are subject to arbitration under the LLC's operating agreement. They contend, however, that the claims for partition of the Vera and Canyon properties are “non‐arbitrable” and that, as a...

Excerpt: ...d responses have been served, no POS nor any evidence regarding the date or method of service was provided. In addition, the copies of the responses attached to the declaration of Benjamin Graves do not include a verification as to Sets Two and Three. Unverified responses are the equivalent of no response at all. Appleton v. Superior Court (1988) 206 Cal.App.3d 632. The request for sanctions is also GRANTED pursuant to CCP §2033.280(c). Plaintif...

Excerpt: ... the real property identified as San Mateo County Assessor Parcel Nos. 009‐413‐010 and 009‐413‐020, which are more accurately depicted in the legal description and map attached to the City's Complaint filed in this action (“Property”), by eminent domain. The City has deposited, pursuant to Article I of Chapter 6 of Title VII of the Code of Civil Procedure (commencing with Section 1255.010) an amount that satisfies the requirements of ...

Excerpt: ... to Plaintiff's Request for Production of Documents from Defendants Stephanie Chenevert and Luis Balenko (“Defendants”) and Request for Monetary Sanctions is DENIED as untimely. Any party shall be entitled as a matter of right to have motions concerning discovery heard on or before the 15th day before the date initially set for the trial of the action. (C.C.P. §2024.020(a).) In this case, the hearing on this motion is set 13 days before the ...

Excerpt: ... Sandoval Torres wanted for all of her children is a sufficient allegation that Plaintiffs were recipients of an express testamentary gift, which was denied to them due to the errors of the drafting attorney, when taken as true for purposes of demurrer, to establish that Defendant owed a duty to Plaintiffs. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written ord...

Excerpt: ...RUSTEE, JAMES E. SALVEN TENTATIVE RULING: Plaintiff's motion to compel appearance at deposition and to produce documents is GRANTED. Safeco offers four grounds for refusing to appear for deposition. None has merit. A. Duplicative Deposition. Safeco's first objection is that the deposition of Safeco is duplicative, since Plaintiff has already taken depositions of four Safeco employees, Ms. Hoelscher, and three of her attorneys. Deposition of a cor...