Excerpt: ...405.22. He has also failed to file a proof of service showing service in compliance with CCP §405.22. Therefore, pursuant to CCP §405.23, the lis pendens is void and invalid and must be removed. The Conservatorship Estate of Carl Lindow is awarded $5,670.00 in attorneys' fees and costs. ...

Excerpt: ...Court declines to consider the arguments advanced by Plaintiffs in their untimely filed papers. The demurrers are sustained without leave to amend. Plaintiff's SAC is uncertain and unintelligible. It cannot be determined from the allegations made by Plaintiffs what the claimed basis is for the imposition of liability against the State of California. Further, Plaintiffs do not identify any statutory basis for their claim (see Harshbarger v. City o...

Excerpt: ...ot contest the authenticity of, or anything about or related to the U4, U5 and the amendments it produced. Responding party is bound by this stated position in future proceedings in this case. RFP 9: Granted in part, denied in part, documents must be produced subject to protective order. Only social security numbers or other highly personal information (e.g. driver's license numbers) may be redacted. Names, addresses, substantive information, etc...

Excerpt: ...& Brown, California Procedure Before Trial (TRG), §§10:51.1, 10:257. Plaintiff's unverified FAC challenges the validity of the March 2017 election of officers of CUTA. Only a director, a member, or a person who has a right to vote has standing to challenge an election of corporate officers. Corps. Code §7616. In November 2016 the Executive Committee of CUTA removed Plaintiff from his office as President, and suspended his membership in CUTA fo...

Excerpt: ..., and the skill displayed in presenting them; (2) the extent to which the nature of the litigation precluded other employment by the attorneys; (3) the contingent nature of the fee award; (4) the fact that an award would ultimately fall upon the taxpayers; (5) the results obtained; (6) the public interest value of the case; and (7) delay in payment. Serrano v. Priest, 20 Cal. 3d 25 (Cal. Oct. 4, 1977). The court will continue the matter to allow ...

Excerpt: ...ent on the pleadings. Plaintiff is instructed to appear at the hearing prepared to (1) provide the court with the status of any stay issued by the Bankruptcy Court; and (2) explain why the Bankruptcy Trustee is not the proper party to pursue this action. ...

Excerpt: ...e of the contract containing the arbitration clause, the petition must be denied for other reasons. Code of Civil Procedure § 1292.4 provides: “If a controversy referable to arbitration under an alleged agreement is involved in an action or proceeding pending in a superior court, a petition for an order to arbitrate shall be filed in such action or proceeding.” Another action concerning the same facts was pending when the present petition wa...

Excerpt: ...xecution of a public statute by officers of the law for the public benefit. (6) To prevent the exercise of a public or private office, in a lawful manner, by the person in possession (7) To prevent a legislative act by a municipal corporation.” The court finds that the Ordinances are public statutes for the benefit of the public; and that they were validly adopted by a legislative act of the City, based on the on following: The Ordinances were ...

Excerpt: ... of the date selected. Plaintiff's supplemental briefing shall be filed at least five court days before the continued hearing. ...

Excerpt: ...erns the Agreement, the choice of law provision in the Agreement governs the procedural aspects of the arbitration, not whether the Agreement is enforceable. (See, Rosenthal v. Great Western Fin. Securities Corp., (1996) 14 Cal. 4th 394, 409). Finally, as to whether the arbitration agreement is a contract of adhesion or unconscionable, the contract here complies with Civ. Proc § 1295 and Cal Health & Safety Code § 1599.81, therefore it is not a...

Excerpt: ...nity, based on comparative negligence or comparative fault are barred. (Cal Code Civ Proc § 877.6) ...

Excerpt: ...s motion may have been avoided if defense counsel had met and conferred with Plaintiff's counsel after discovering the emails concerning a collection action against American Solar Direct in documents produced by Plaintiff. Plaintiff's failure to refer to the collection action against ASD in its discovery responses, while producing documents that disclosed the collection action, suggests that Plaintiff was not attempting to hide this action from D...

Excerpt: ... jury and Plaintiff is granted a trial by jury ...