Excerpt: ...ritance fails to state sufficient facts and is uncertain. Specifically, Wells argue both causes of action are based on an oral contract and both fail because they do not provide the necessary terms and are barred by both the statute of frauds and by the applicable statute of limitations. Wells also claim the bad faith denial cause of action is also only recognized in the insurance context and is therefore an inappropriate cause of action. Standar...

Excerpt: ...tion. This is a medical malpractice action relating to a hysterectomy procedure. Among other things, plaintiff is claiming emotional distress relating to the incident. Defendant submits that plaintiff has placed her therapy sessions with Ms. Zinn at issue, by claiming them as damages relating to alleged emotional distress. Ms. Zinn has also been mentioned repeatedly in plaintiff's responses to Form Interrogatories, Special Interrogatories, and de...

Excerpt: ...Amended Complaint. Standard of Review: A motion for judgment on the pleadings may be brought when the complaint does not state facts sufficient to constitute a cause of action. CCP § 438(c)(1)(B)(ii). A motion of this nature is similar to a demurrer and tests the sufficiency of a pleading. Elliott v. City of Pacific Grove (1975) 54 Cal.App.3d 53. The rules governing demurrers therefore apply. Cloud v. Northrop Grumman Corp (1998) 676 Cal.App.4th...

Excerpt: ...Defendant alleges it fails to state sufficient facts to constitute a claim under the Consumer Legal Remedies Act. Standards of Demurrer: A demurrer should be sustained if the complaint fails to “state facts sufficient to constitute a valid cause of action.” CCP § 430.10(e). A demurrer can be used to challenge defects that appear on the fact of the complaint or from matters that may be subject to judicial notice. Blank v. Kirwan (1985) 39 Cal...

Excerpt: ...477. The demurrer to the original complaint is therefore OVERRULED as moot. ...

Excerpt: ...for a hearing on the issue of whether a settlement has been made in good faith. A good faith determination bars any other joint tortfeasors or coobligors from any further claims for indemnity, comparative fault or equitable contribution. CCP § 877.6(c). The settlement must be within the reasonable range of the settling tortfeasors' share of liability taking into consideration the facts and circumstances of the case. Tech‐Bilt, Inc. v. Woodward...

Excerpt: ...Plaintiff moves for an order amending the judgment nunc pro tunc, to list the proper party names. Trial courts retain the inherent power to amend and control their orders so as to make them conform to law and justice. See Code Civ. Proc. § 128. In addition, the Court may, upon motion of an injured party or its own motion, correct clerical mistakes in judgments or orders as entered, so as to conform to the judgment or order directed. Code Civ. Pr...

Excerpt: ...ician, but the physician's assistant. There is no statement by the physician that the contents of the letter are true and correct or that the physician has personal knowledge of the facts. Additionally, even if were to accept the attached letter as a statement by the physician, it still fails to provide the physicians license or certificate number and fails to provide a statement that the physician is licensed for this jurisdiction. Otherwise, th...

Excerpt: ...had granted him an extension to file his appeal based upon an error of the Labor Commissioner. The Court continued the hearing to today's date for Plaintiff to submit evidence in support of his contentions and to establish compliance with the Notice of Appeal requirements under Labor Code section 98.2. Plaintiff has not submitted any evidence or formal filing in response to the Order to Show Cause, therefore the Court intends to DISMISS this matt...

Excerpt: ...d as counsel is brought instead of filing a consent under CCP § 284(1). Mr. Cogan has established in general terms that there has been a breakdown in the relationship. The information provided in the declaration is sufficient to establish a need to be relieved provided all procedural requirements have been met. CRC 3.1362(d) specifically requires service of the motion, supporting declaration and proposed order. The proof of service on file refle...

Excerpt: ...ed to redactions and provided definitions. The Court finds that the meet and confer efforts were sufficient and made in good faith. Objections: Plaintiff has provided various objections to statements made by the Defendant. The statements do not related to the substance of this motion; specifically, whether the discovery responses are adequate. The statements are irrelevant and were not considered by the Court related to the merits of this motion....

Excerpt: ...er spouse before or during the marriage. Family Code § 910. Community property is subject to the enforcement of a money judgment. CCP § 695.020. Judgment Creditor holds a judgment against the Judgment Debtor only but now seeks an order permitting the garnishment of the spouse's wages. CCP § 706.109 expressly authorizes a wage garnishment to proceed against a spouse after a noticed motion is granted. No opposition has been filed despite service...

Excerpt: ...e cross‐ complaint was dismissed on April 13, 2018. On May 15, 2018, Plaintiff filed a motion to compel discovery responses which was originally set to be heard on June 11, 2018. On May 25, 2018, the present special motion to strike was filed setting a hearing date of July 2, 2018. The special motion to strike is brought pursuant to California's anti‐SLAPP statute, codified as Code of Civil Procedure section 425.16. The discovery motion heari...

Excerpt: ...iffs believe they cannot proceed with the default prove‐up hearing until the matter is resolved with the insurance company. The Court notes that there is no proof of service of the Complaint on Ms. Nieves and Mr. Fulkerson, and no recent status has been provided over plaintiffs' settlement efforts. An appearance is necessary on today's calendar to provide the Court with a status regarding settlement efforts. An appearance on the law and motion ...

Excerpt: ...lt in the interests of good faith negotiations and speedy resolution of the matter. The Court notes that there is still no answer on file, and that no request for entry of default has been filed. Given counsel's response, today's matter is continued to Monday, August 13, 2018 at 8:30 a.m. in Department 8 for further proceedings on the OSC. Counsel is ordered to require the filing of an answer, or request entry of default of the parties, by the co...

Excerpt: .... Lee was named in the original complaint. Despite the two year delay, Lee still has not been served nor has he been dismissed. No response to the Order to Show Cause has been filed. The Court imposes sanctions in the amount of $250 against Plaintiff and her counsel for failure to comply with CRC 3.110(b). The clerk is instructed to prepare a separate Order for Sanctions. The Court will issue an Order to Show Cause re Dismissal of Plaintiff's com...

Excerpt: ... summons was also granted on June 11, 2018, permitting service of summons on Small Equity Initiative, LLC and ISG Illumination Systems, LLC, by delivery to the Secretary of State. In light of the current service efforts of plaintiffs and counsel, the Court declines issuing sanctions at this time. However, in order to make certain that the case is brought to issue in the near future, hearing on today's Order to Show Cause re Monetary Sanctions is ...

Excerpt: ...s response, and declines from issuing sanctions. The Court notes that defendant Shree Shiva, LLC's default has been taken, and that defendants Bhupendrasinh Thakor and Sudhaben Thakor have only just recently been named in the action. As such, this case does not appear to be at issue. The trial date of July 10, 2018 is hereby VACATED and the matter set for review regarding status of service and trial re‐ setting on Monday, July 23, 2018, at 9:00...

Excerpt: ...d. Neither party informed the Court of the federal dismissal. Plaintiff did not dismiss this action. For these reasons, the Court required an appearance at the May 14, 2018 review hearing. In the future, counsel are advised to keep the Court apprised of the status of the federal action to avoid wasting judicial resources in issuing an OSC when the 3 federal action has been dismissed. No sanctions will be imposed. The clerk is instructed to admini...

Excerpt: ... property held in a trust. The Court determined that the matter was improperly filed as an unlimited civil action. The matter was set for review on May 14, 2018, to determine whether the matter could be transferred to the probate court. Plaintiff failed to provide any authority that would permit for such a transfer, and the instant Order to Show Cause re Dismissal (“OSC”) issued for lack of subject matter jurisdiction. No response to the OSC ...

Excerpt: ... faith pursuant to CCP § 877.6. The motions are nearly identical and will be addressed together in one ruling. Richardson seeks to settle this matter for their policy limit of $1,000,000. Brown seeks to settle this matter for their policy limit of $100,000. CCP § 877.6(a)(1) provides that a party may move by noticed motion for a hearing on the issue of whether a settlement has been made in good faith. A good faith determination bars any other j...

Excerpt: ...nd 2031.300(b). The Court will order Plaintiff to provide responses to the above discovery without objection. Defendant has also requested sanctions in the amount of 8.5 hours at the rate of $185 for Plaintiff's failure to timely respond. Given that this motion is unopposed and availability of CourtCall, the requested hours are reduced from 8.5 to 3. Sanctions will be awarded in the amount of $555. The motion is GRANTED. Plaintiff shall have 30 d...

Excerpt: ...le income is automatically exempt (i.e. the maximum that can be withheld is 25% of disposable income). 15 USC § 1673(a). Section 1672(b) of Title 15 of the United States Code defines “disposable earnings” as “that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld.” CCP section 706.011 provides an almost identical definition. Under California law, even mo...