Excerpt: ...sh filed by Defendants NWPS Holdings, Inc. and Northwest Holdings, Inc. (the “Holding Companies”). The motion to quash is premised on the court's lack of personal jurisdiction as to the Holding Companies. The documents at issue in this motion to compel fall into two categories: (1) the schedules to the purchase agreement by which Defendant Northwest Investment Consulting, Inc. d/b/a Northwest Plan Services (“NWPS”), a wholly owned Califor...

Excerpt: ...complaint; and (2) that the affirmative defenses are insufficient to state defenses to the complaint. The court rejects the first ground, as it appears to misconstrue the record. Although the Defendants originally filed an unverified answer on January 5, 2022, the Defendants were granted leave by the court to amend their answer, and the amended answer that was filed on May 5, 2022 was verified. Therefore, Taylor's claim that Defendants' answer is...

Excerpt: ...Defendants Northwest Investment Consulting, Inc., NWPS Holdings, Inc., Northwest Holdings, Inc., Kaufmann and Goble Associates, Inc., Sidney T. Kaufmann, and various Does. Consistent with the parties, the court refers to all defendants collectively as “Defendants”; to NWPS Holdings, Inc. and Northwest Holdings, Inc. collectively as the “Holding Companies”; to Northwest Investment Consulting, Inc. as “NWPS”; to the Holding Companies an...

Excerpt: ...unty (Case No. 17CV307717). The Complaint alleges a breach occurred in September 2020. (See Complaint at ¶¶ 7‐21 generally.) Defendants filed an answer on August 11, 2021. The case was originally assigned an October 24, 2022 trial date, after an April 12, 2022 trial setting conference. (See April 12, 2022 Minute Order.) The matter is now set for trial on February 21, 2023. (See December 13, 2022 Minute Order.) Currently before the court is a ...

Excerpt: ... recoverable by statute or by contract in this case, the motion is denied. This case arises out of an earlier dispute between Defendant Lundy Center Association (“LCA”), a condominium owners' association, and C Cube Investment, LLC (“C Cube”), the owner of four units in LCA's office condominium project. The dispute related to assessments that had been imposed by LCA on C Cube. Chen was not a unit owner, but she was a minority owner of C C...

Excerpt: ...ich the court has taken judicial notice. The court may not consider extrinsic evidence. The following recitation of facts is derived solely from the FAC, which the court accepts as true for the purposes of this hearing only. I. FACTS Plaintiff and Defendant are not married or otherwise related to each other, but they began dating in May 2018 through an online dating website. (FAC, ¶ 8.) On May 2, 2018, Plaintiff and Defendant had their first in�...

Excerpt: ...gence b. Count 2: Willful Failure to Warn Defendant filed this Motion to Strike on September 20, 2022, seeking to strike Count Two of the Premises Liability cause of action: Page 1 of 1 ‘Attachment to Complaint', Second Cause of Action Premises Liability, Paragraph Prem. L‐3, Count Two – Willful Failure to Warn [Civil Code section 846]. Plaintiff filed an Opposition on January 3, 2023, to which Defendant replied on January 9, 2023. II. MOTI...

Excerpt: ...vember 12, 2021 by Defendants Juan Galan Ramirez and Genoeva Martinez, was unverified. An amended answer filed on November 22, 2021 was also unverified. On February 23, 2022, Wawanesa Insurance Company filed a limited civil action (case no. 22CV395264) against Defendant Ramirez, and that action was consolidated with this one by order of the Court (Hon. Kirwan) on April 13, 2022. The limited civil action was subsequently dismissed with prejudice o...

Excerpt: ...a left medial pterygium removal with amniotic grafting surgery under the advice of Defendant Ellis. (Complaint, ¶ 11.) Plaintiff felt pain in her eye during the procedure and heard Defendant Ellis or his assistant state that she was bleeding. (Id. at ¶¶ 12‐13.) Immediately after hearing the comment, Plaintiff saw a bright flash of light, smelled something burning, and felt a painful burning sensation in her left eye. (Id. at ¶ 13.) On March...