Excerpt: ...�FAC”), Plaintiff purchased an automobile with financing from Patelco and insurance from FLIA. At the time of purchase, FLIA provided assurances that it would pay for repairs falling within the scope of the insurance. Subsequently, the vehicle needed repairs and Plaintiff contacted FLIA to determine which repair shop would be covered by his insurance. FLIA stated Plaintiff could take the vehicle to a servicer of his choice and it would cover th...

Excerpt: ...n Santa Clara County Superior Court, case number 1‐11‐CV‐193356 (“Underlying Action”). (Second Amended Complaint (“SAC”), ¶6.) Deer Crest owned a condominium project in Utah. (Id.) Pursuant to a July 1, 2005 construction contract between Deer Crest and Silver Creek Development Group, LLC (“Silver Creek”), Silver Creek agreed to perform certain construction of the condominium project. (Id.) Granum Partners executed a written gua...

Excerpt: ...at this late date, to add a wholly new cause of action for alleged violation of Labor Code §1197.5 (the California Equal Pay Act). Plaintiff's supporting declaration does not fully and satisfactorily address any of the factors enumerated in California Rules of Court, rule 3.1324(b). Defendants' Request for Judicial Notice is granted. The Court agrees with defendants' arguments that the proposed new cause of action would add significant new factu...

Excerpt: ...ty property – where the Second Amended Complaint is not verified, and plaintiff fails to present any admissible evidence from which the court can determine the probable validity of any real property claim. §405.38 commands “the court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney's fees and costs of making or opposing the motion...”. (Emphasis added.) As the court does not find on...

Excerpt: ... objections are therefore waived. As the court has been provided with no evidence that plaintiff has since served responses to the Requests for Admission which substantially comply with §2033.220, the law directs the court that it shall make the order deeming the requests admitted (§2033.280(c).) The Court also finds that no substantial justification has been provided for the failure to timely serve responses, nor for the substance of the oppos...

Excerpt: ...ank”) to the First Amended Complaint (“FAC”) of Plaintiff Guy Cavicchia (“Plaintiff”), current Administrator of the Estate of Decedent Patricia Lynn Hairston. The FAC states three causes of action for Negligence, against Defendant Jeanette Taggart (“Taggart,” the attorney for the former administrator of the estate Tracy Infante), Fidelity and U.S. Bank respectively. The other two demurrers are separately brought by Fidelity and U.S....

Excerpt: ...sitions and replies have been filed in each of the four motions originally noticed for May 22. The court notes that the motion concerning the document requests was filed on April 2, that the notice of motion references both requests for admission and requests for production, and that the separate statement – although entitled a separate statement in support of further responses to requests for admission – addresses only requests for productio...

Excerpt: ...�the Property”), after which they obtained a revolving line of credit from Cathay Bank secured by the Property via a deed of trust (“Cathay Bank DOT”). Subsequently, the Changs obtained a loan secured by the Property via a deed of trust, which was eventually assigned to Defendant (“Defendant's DOT”). A foreclosure sale was conducted pursuant to the Cathay Bank DOT, and Trustway Investments, LLC purchased the Property. Trustway Investmen...

Excerpt: ...adford Baugh (“Defendant Baugh”), Plaintiff's former attorney in a marital dissolution action and the only named defendant remaining in this action as a prior demurrer by Defendant Jeanne Schmidt was sustained without leave to amend and a prior motion to quash service of summons for lack of personal jurisdiction brought by Defendant Thomas Kenefick was granted Requests for Judicial Notice A precondition to judicial notice in either its permis...

Excerpt: ...��) whereby Nano was granted the right to purchase and resell Plaintiff's products. 1 Nano agreed to pay Plaintiff set prices, with 20 percent paid upon placement of the order and the remaining 80 percent within 150 days of shipment or a correct invoice. Nano placed a purchase order with Plaintiff for four machines for a total price of $298,140 and paid 20 percent of the total price up front. The machines were shipped and invoiced correctly, but ...

Excerpt: ...t or stipulation of the parties.” (Cal. Rules of Court, rule 2.551(a).) “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4...