Excerpt: ... Friday, June 15, 2018, instead of Monday, June 18, 2018. Plaintiff still had time to timely file and serve an opposition though, and has not established any prejudice from the shortened notice. Nevertheless, Plaintiff did not substantively oppose the motion, and therefore the motion is continued to allow Plaintiff time to file a substantive opposition. Plaintiff's supplemental opposition is to be filed and served by August 3, 2018. Defendant's s...

Excerpt: ...the hearing date. If the notice is served by overnight delivery, the notice period shall be increased by two court days. The court cannot cure a notice defect by continuing the hearing. Instead, the notice period must begin anew. Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1268‐1268. Although plaintiff has not objected to the lack of statutory notice, a waiver of the notice period should not be inferred from silence. Urshan v. Musicians' Cre...

Excerpt: ...fendant HASKEW, the Complaint alleges, or at least strongly implies, that a portion of damages caused by Clark might have been avoided or mitigated if Defendant HASKEW had discovered Clark's wrongful acts and reported them to the Plaintiff's Board sooner than Plaintiff eventually learned of Clark's acts. To this extent, at least some of the losses litigated in the Clark Litigation were possibly avoidable and are alleged to flow from the alleged n...

Excerpt: ...ani Decl., on 3‐14‐16, Plaintiff Cassidy signed an agreement requiring the arbitration of employment‐related disputes. Plaintiff's asserted claims here fall within the parties' agreement, which is enforceable. Armendariz, supra, 24 Cal.4th 83. Accordingly, the motion is granted, and the case is STAYED pending resolution of the arbitration. Code Civ. Proc. Sect. 1281.4. Plaintiff's Opposition disputes defense counsel's contention that Plaint...

Excerpt: ...weighs James Jin Qing Li's (“Li”) privacy objection. J.P. Morgan Chase Bank is ordered to provide the records requested in Plaintiffs' subpoena that was issued on February 14, 2018. (See Plaintiffs' Revised Exh. 1.) (2) The motion as to the subpoena to Wells Fargo is DENIED. Plaintiffs have not established that the subpoena was served on all of the individuals and/or entities identified in the subpoena. Plaintiffs served a “Notice to Consum...

Excerpt: ...lished the service. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...

Excerpt: ...zi in Support of Motion to Enforce Settlement Agreement, filed March 15, 2018.) Plaintiff's motion for attorney's fees is granted in the amount of $64,142.50. Defendant shall pay said amount to Plaintiff on or before 8‐13‐18. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to Ca...

Excerpt: ... described Contract was, and is, subject to the provision of the Rees – Levering Motor Vehicle Sales and Finance Act (ASFA), Civil Code Section 2981—2984.4. (See Paragraph 8 at Pg. 2 of Complaint). Defendant, in answering the complaint, raises five (5) affirmative defenses directly related to ASFA. At no point in time during the course of the litigation did Plaintiff ever amend its complaint to remove or strike the contention that the contrac...

Excerpt: ...ilders.” Moreover the facts alleged by Plaintiff support that Defendant Mohammad Mortazavi is liable as a builder. Plaintiff alleges that it provided written notice of the defects to Defendant Mortazavi pursuant to section 895 et seq., and further provided an additional list of defects following additional investigation and testing. (Comp. para. 18.) Also, despite a comprehensive investigation by both Plaintiff and Defendant Mortazavi, Defendan...

Excerpt: ...ee 4‐12‐18 Minute Order), MERS is not a party to the case. Because this appears to have been a typographical error in the Notice and was not raised in the Opposition, however, the Court will address BANA's Demurrer to the SAC on the merits. The Court notes that following the Court's 4‐12‐ 18 Order sustaining BANA's Demurrer to the FAC, Plaintiff filed the present SAC, which differs from the FAC only with respect to two sentences (the last...

Excerpt: ...loy indicates only that def attempted to meet and confer with respect to a prior demurrer. Consequently, the hearing on the demurrer is continued to August 9, 2018 at 9:00 a.m. in the Law and Motion Department so that the parties may meet and confer. The demurring party is required to file, no later than 7 days prior to the new hearing date, a codecompliant declaration stating either (1) the parties have met and conferred and (a) the parties have...

Excerpt: ...eparate Statement of Requests and Responses at issue. (See CRC Rule 3.1345.) No later than 14 calendar days after Plaintiff files and serves the Separate Statement, Defendant Quality shall serve a privilege log in compliance with Code of Civil Procedure section 2031.240, subdivisions (b) and (c), identifying every document withheld under privilege. The log shall set forth sufficient information to disclose the factual and legal basis of the claim...

Excerpt: ...onsequently, the hearing on the motion is continued to August 20, 2018 at 9:00 a.m. in the Law and Motion Department so that the parties may meet and confer. The moving party is required to file, no later than 7 days prior to the new hearing date, a code‐compliant declaration stating either (1) the parties have met and conferred in person or by telephone and (a) the parties have resolved the objections raised in the motion, which shall be taken...

Excerpt: ...hem, are enjoined from 1) withdrawing, transferring or using any funds in Wells Fargo Bank Account Nos. 6403387514 and 4155001278 for any purpose other than for the sole benefit of GICC per a request made by a board member of GICC; and 2) taking any action to sublease, license or occupy any space currently occupied by the GICC under the terms of the GICC license granted by the California Department of Social Services. Plaintiffs have shown that t...

Excerpt: ...tzah states only that he wrote a meet and confer letter to plaintiff's counsel. Consequently, the hearing on the demurrer is continued to August 10, 2018 at 9:00 a.m. in the Law and Motion Department so that the parties may meet and confer. The demurring party is required to file, no later than 7 days prior to the new hearing date, a code‐compliant declaration stating either (1) the parties have met and conferred and (a) the parties have resolv...

Excerpt: ... Fourth Causes of Action (“To Set Aside Illegal Foreclosure,” “Elder Financial Abuse,” and “Unfair Business Practices”), the Demurrer is SUSTAINED WITH LEAVE TO AMEND on grounds the FAC does not sufficiently identify which factual allegations are directed against each named Defendant. The FAC asserts claims against the loan servicer (Shellpoint), the foreclosure trustee (Trustee Corps), and the alleged beneficiary of the loan and buye...

Excerpt: ...s) Demurrer to Plaintiffs John and Carolyn Booth's First Amended Complaint (FAC), filed 4‐30‐18, is SUSTAINED WITH LEAVE TO AMEND on grounds the FAC does not sufficiently identify/specify which factual allegations are directed against which Trustee Corps. The FAC asserts claims against the loan servicer (Shellpoint), the foreclosure trustee (Trustee Corps), and the alleged beneficiary of the loan and buyer of the property (Bank of New York Me...

Excerpt: ...s to be misfiled, and it was not given a hearing date. Upon transfer from Contra Costa Superior Court, the case of Rael & Letson v. Cassano was assigned case number 18 CIV 02671. Defendant Cassano, however, filed his motion in the case of Rael & Letson v. Haskew (17 CIV 05483) at a time when the two cases had not been consolidated. The motions by both Defendants seek to strike attorney's fees and costs damages. In addition, the motion by Defendan...

Excerpt: ...(2014) 59 Cal.4th 602, 608.) Where a statute provides for attorney fees, they are generally available both at trial and on appeal. (Morcos v. Board of Retirement (1990) 51 Cal.3d 924, 927.) In this case, prior awards of attorney's fees have been granted by statute under Code of Civil Procedure section 1021.5. Accordingly, Judgment Creditor is also entitled to an award of attorney's fees on appeal based on section 1021.5. Defendant Ramin Yeganeh i...

Excerpt: ...st the “disentitlement doctrine” properly should have been raised in the appellate court, not in opposition to a motion to set attorney's fees after the Court of Appeal granted them. Plaintiff Renee Glover CHANTLER shall recover from Defendant RAMIN YEGANEH and his attorney William E. Gilg jointly and severally the amount of $8,120.00. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plai...

Excerpt: ...ion against Defendant. The claims in the FAC appear to be based on the allegations that: (1) Defendant's lacked standing to record or transfer and convey any interest in Plaintiffs' property because the original lender, SCME Mortgage Bankers, Inc., did not assign any rights or interest in Plaintiffs' note and Deed of Trust, and (2) Defendant failed to contact Plaintiffs to explore options to avoiding foreclosure 30 days prior to recording the Oct...

Excerpt: ...GROUP, INC. TENTATIVE RULING: The hearing on this motion is continued to August 13, 2018 at 9:00 A.M. to set. This order supersedes the Stipulation and Order filed 06‐25‐18. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords su...

Excerpt: ...acts to constitute a defense. CCP §438(c)(1)(A). Judgment shall be entered in favor of Plaintiff in the amount of $3,394.22. Costs may be sought pursuant to applicable post judgment procedures. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ...

Excerpt: ...lt Judgment Is Void. If the complaint fails to state a claim against a defendant, then a default judgment is erroneous. Relief awarded in a default judgment is limited to the prayer and “by the substantive allegations of the complaint. . . . [I]t is error to enter a default judgment on a complaint that fails to state a cause of action against the defaulting defendant.” (Ferraro v. Camarlinghi (2008) 161 Cal. App. 4th 509, 539.) “If the comp...

Excerpt: ...urden of demonstrating the Court has personal jurisdiction over Mr. Peterson. As to Mr. Peterson, this is not a breach of contract case. The Second Amended Complaint (SAC) asserts claims against Peterson for conversion and conspiracy. In their Opposition papers, Plaintiffs point to evidence that (a) Peterson signed a “contract” (a “Scope Letter”) on co‐Plaintiff Black Pine Group, LLC's letterhead showing a Black Pine company address in ...