Excerpt: ...cal examination of Souza is directly relevant to her claim of damages and that good cause exists to GRANT the motion under Code of Civil Procedure section 2032.320. Souza raises a number of arguments in opposition to the motion, none of which alter the court's decision. First, Souza argues that Jepson did not adequately meet and confer before filing this motion. The court finds otherwise. Although the correspondence and discussions on March 21 an...

Excerpt: ...udgment and a motion to quash a deposition subpoena. In the lead case, plaintiff Chang Long Realty Development LLC ("CLRD") filed the original and still operative complaint on January 18, 2019. The complaint states seven causes of action against Sun and Zhu: (1) Quiet Title; (2) Partition; (3) Accounting; (4) Breach of Fiduciary Duty; (5) Conversion; (5) Trespass to Chattels; and (7) Imposition of Constructive Trust. On April 22, 2019 Sun and Zhu...

Excerpt: ... that make a preference necessary to prevent prejudicing her interest in the case. The court finds that Getty has satisfied the statutory requirements for a trial preference and GRANTS the motion. Defendants Villa Verde, Dominica Oliva, Sequoia Home Health & Hospice, Cornerstone Healthcare, Inc., Pennant Services, Inc. have filed four separate oppositions to the motion, raising several overlapping and needlessly repetitive arguments. 4 The court ...

Excerpt: ... also named James T. Stroud, the Chu Defendants' attorney of record, as a defendant. According to the complaint, in 1993, Plaintiffs, the Chu Defendants, Chi Chu, and Lan Chu purchased the Property; the eight of them agreed to share equally in the management costs and ownership of the Property. (Complaint, 9-10.) Only the Chu Defendants were named on the title of the Property, however, because they suggested that it was faster for two owners to r...

Excerpt: ...cuments (on August 22 and 23, 2023), and Jones's reply brief, filed on August 30, 2023, indicates that an order compelling compliance is no longer necessary. Instead, Jones reserves only his request for monetary sanctions ($2,872.50) for having had to bring this motion. Plaintiffs oppose the imposition of sanctions on multiple grounds. First, they argue that Jones has been "impatient" and failed to provide reasonable allowances for John Pilling t...

Excerpt: ... l. Background This achon arises from a dispute over the leadership of a now-dissolved limited liability company, RS Enterprise, LLC ("RS"), formed to process and sell cannabis products in Santa Cruz, California. Plaintiff William Sump ("Sump") alleges that he was improperly deprived of his voting and membership interest in Rs—including three pieces of real property owned by RS in Santa Cruz—by defendants Nathaniel Ready, John Vitale, Trevor ...

Excerpt: ...Moore, and K&K Confidential Investigations (collectively, "Defendants") relating to an inc:ident that occurred at Plaintiffs' place of business in Missouri in 2010. Currently before the court is Travelers' demurrer to the tenth, eleventh, and twelfth causes of acton in the third amended complaint. A. Background Plaintiffs filed their original complaint on October 18, 2018. The complaint attached two exhibits: (1) a copy ofa "Water Tank Lease with...

Excerpt: ...n. On September 15, 2022, this court (Judge Kirwan) granted Gargano's motion for judgment on the pleadings, finding, among other things, that Plaintiffs' causes of action were an "apparent attempt to evade" the mandatory ADR provisions of the operating agreements between the parties. On February 2, 2023, Judge Kirwan denied Plaintiffs' motion for reconsideration. Gargano then moved for an award of attornevs fees and costs. On April 25, 2023, this...

Excerpt: ...so been narrowed in scope, as Balfour has produced about 20WJ more documents. Based on the opposition, filed August 18, and the reply, filed August 24, it appears that the remaining items in dispute are: (1) job cost reports, and (2) "key letters" between Balfour and the Santa Clara Valley Water District (aka the "Project Owner"). Job cost reports: Balfour argues that its job cost reports are not responsive to Neal's first set of document request...

Excerpt: ...plaint, 1.) In the fall of 2019, White, Wall, Thompson, Harris, and White's girlfriend, "S.V.," formed a cover band. (ld. at '127.) In the fall of 2020, White, Wall, and Thompson lived as friends and roommates in an apartment near Stanford. (ld. at '1 26.) White had a close but platonic relationship with Wall, Thompson, and Harris. (ld. at 33-34.) From the fall of 2019 to early 2020, White was a residential advisor who lived in the same dorms as ...

Excerpt: ...nal and still operative complaint is a form complaint filed on September 24, 2021. It states causes of action for: (1) Premises Liability/Dangerous Condition of Public Property, and (2) General Negligence. Three of the several defendants are the City of San Jose (the "City"), the 1939 Monterey Road Owners Association (the "Association"), and Verity Properties, Inc. ("Verity"). The complaint makes little distinction between the defendants and has ...

Excerpt: ...g papers and $3,665 for the reply. Apart from a brief answer or two, Omega has admittedly failed to prov-de responses to nearly all of these interrogatories and requests, serving only objections. Omega offered to serve substantive responses to Ahedo by September 15, 2023, in exchange for Ahedo's willingness to take the motion off calendar. Ahedo declined. Notwithstanding the lack of any meaningful responses to date, Omega now seeks $5,649.20 in m...

Excerpt: ...de provisions, the court GRANTS the motion. 1. Factual Background For some reason, it dæs not appear that anything substantive happened in this case between August 3, 2020 and December 2, 2022, the time period between this court's (Judge Barrett's) order compelling arbitration and the date on which plaintiffs finally submitted a demand for arbitration to JAMS. Nevertheless, once that occurred, JAMS sent an invoice for a $6mo retainer to defendan...

Excerpt: ...C&Rs") to maintain the common areas—specifically, the swimming pool and spa—caused him injury in the form of lung disease. Hudspeth filed his original complaint on April 22, 2022. This was a form complaint alleging a single cause of action for "General Negligence" with an "Exemplary Damages Attachment" seeking punitive damages. Also attached was a copy of the Association's CC&Rs. The Association brought a motion to strike the request for puni...

Excerpt: ...tion In this case, plaintiff Jain Family Investments, LLC ("JFI") seeks to ræover an alleged loan to defendant Pawan Agrawal ("Agrawal"). After JFI sent a demand letter to Agrawal seeking repayment, Agrawal conducted an online search for a business litigation attorney and found the Structure Law Group, LLP ("SLG"). He called SLG and to Robin Ratner about a possible response to the demand letter, and he claims that he disclosed confidential infor...

Excerpt: ...that plaintiffs' purchased. This motion is functionally identical to another moton filed by plaintiffs' counsel against GM in another case in this court (Case No. 22CV396285), except that other case involved a 2016 Chevrolet Silverado 1500, instead of a GMC Terrain. In that other case, the document requests at issue were identically numbered 37-41, and they likewise called for OBDII, vehicle symptom, vehicle component repair, customer complaint, ...

Excerpt: ...to lead to admissible evidence. The phrase "relating to" is particularly extreme in its unbounded scope. Shojaee argues that he needs these documents in order to determine the total amount of vehicle sales while he was employed by MEI, so that he can properly calculate the commissions to which he believes he is entitled. MEI counters that it has already produced documents from its "Dealer Management Software" (DMS) system, including "gross sales ...

Excerpt: ...ff's Motion to Set Aside the Dismissal This case will be five years old in tweve days. It was originally calendared for a trial setting conference over a year ago, on July 12, 2022, at which plaintiff's counsel failed to ap#ar. The matter was then set for an order to show cause hearing regarding that failure to appear on December 1, 2022. Plaintiff's counsel failed to appear again, and the court (Judge Kirwan) dismissed the case without prejudice...

Excerpt: ...tive pleading and alleges that Kim and Lee were in a committed relationship from 1991 to 1997. (FAC, 8-9.) In 1997, Kim and Lee separated but reconciled in November 1999. (ld. at '1 11.) Lee moved in with Kim in November 1999, and Lee's minor children from a separate relationship moved in as their primary residence the following year. (ld. at 11-12.) On August 18, 2006, Kim and Lee held a wedding ceremony in Hawaii but did not file a marriage cer...

Excerpt: ...r on August 27, 2021. He filed the operative first amended complaint ("FAC") on October 18, 2022. The FAC states three causes of action: (1) Breach of Contract (in reliance on Corporations Code secton 16801(3)); (2) Dissolution (pursuant to Corporations Code section and (C)); and (3) Accounting (pursuant to Corporations Code section 16403). Defendants filed an answer ("General Denial") to the FAC on November 9, 2022. Currently before the court is...

Excerpt: ...se' working with defendant David Howard Lichtenger ("Lichtenger") in April 2011. (Complaint, 13.) Weisel managed CA Residential Opportunity Fund LP ("CROF l"), a real estate investment fund, and was working to establish CA Residential Opportunity Fund II LP ("CROF II"), another such fund. (Ibid.) In Spring 2011, Weisel became a second "Manager" for Integrity Homes, LLC, a company founded by Lichtenger in (Ibid.) Weisel and Lichtenger subsequently...

Excerpt: ...case back to "limited," and an order vacating the grant of the anti-SLAPP motion. Plaintiff Midland Credit Management, Inc. ("MCM") now brings four motions to compel further discovery responses from defendant/cross- complainant Merciditas Vergonio ("Vergonio"), all filed on the same date. For the most part, these motions and their four supporting memoranda are nearly identical, with the majority of the text in each document simply cut and paste f...

Excerpt: ...ecember 16, 2022 opinion reversing the judgment in this case, including its instructions on remand, this court agrees with plaintiffs. Accordingly, the court DENIES the motion to compel and GRANTS the motion for protective order. GBR's motion and its opposition to plaintiffs' motion are premised on the notion that because the Court of Appeal did not explicitly direct an entry of judgment of liability in fawr of plaintffs after the retrial that it...

Excerpt: ... was dismissed on December 27, 2022, after the parties executed a settlement agreement ("Agreement") on July 29, 2022. Plaintiffs filed the complaint in this action on January 17, 2023. It states three causes of action, all based on the Agreement: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (3) Restitution (alleging that Defendants have "unfairly benefited" and been "unjustly enriched" as a resul...

Excerpt: ...lic Health Department's public health order, dated December 28, 2021, requiring public employees in "Higher-Risk Settings" to receive COVID-19 vaccines and any available boostersl in order to continue working. Plaintiffs do not dispute that they fall within the category of public workers in "Higher-Risk Settings." A. The Original Complaint Plaintiffs filed their original complaint on May 27, 2022, stating two causes of acton: (1) Violation of the...