Excerpt: ...provided the required “Claim of Exemption” mandatory Judicial Council Form but it fails to identify any code section that would apply. Further, the facts alleged simply state that the proof of service was incomplete and that it was never actually filed or stamped by the clerk's office. It is unclear to which proof of service he is referring. The original complaint was personally served on December 10, 2010 according the proof of service filed...

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 3 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 ref...

Excerpt: ...ion Code § 44808 and design immunity pursuant to Gov. Code § 830.6. Defendants' Objections to Evidence: Objection No. 1: OVERRULED Objection No. 2: SUSTAINED Objection No. 3: OVERRULED Objection No. 4: OVERRULED Factual Background: In May of 2016, Plaintiff was a second grade student at Boulder Creek Elementary School, part of the Enterprise Elementary School District. On May 16, 2016, at 1:56 p.m., the school bell rang and Plaintiff was dismis...

Excerpt: ...st 13, 2018 and therefore the opposition was due on July 31, 2018. The opposition was filed on August 7, 2018. The proof of service shows that the opposition was not served until August 7, 2018 and was therefore untimely. Even if the Court were to consider the closure from July 30‐August 3 due to the Carr Fire there is no excuse why the opposition was not timely served on the opposing parties. The Court will exercise its discretion and consider...

Excerpt: ...thority to represent Reed or file a motion on his behalf. On this basis alone, the motion is denied. Counsel should be prepared to address this issue at the hearing of this matter. Out of an abundance of caution, and in order to promote economy and convenience to the parties, the Court issues the following “tentative” tentative ruling indicating how it would rule if Peter Dubrawski properly appeared. Plaintiff, Robert Reed and non‐parties r...

Excerpt: ...“general demurrers.” A general demurrer lies when the allegations of the complaint show that the action is barred by the statute of limitations. Iverson, Yoakum, Papiano & Hatch v. Berwald (1999) 76 Cal.App.4th 990, 995. Merits of Motion: Plaintiff's form complaint for personal injury alleges two causes of action arising from the same incident. The first cause of action is for “Motor Vehicle” which is a type of negligence cause of action....

Excerpt: ...dge. When and if the Defendant is served, the moving party may have more certain information upon which to base this motion, and/or the parties may wish to stipulate to a different venue. Otherwise, this motion is denied at this time, without prejudice. The motion is DENIED without prejudice. A proposed order was lodged with the Court which will be modified to reflect the denial. ...

Excerpt: ... five calendar days if the notice is served by mail. CCP § 1005(b). The motion was served by mail on July 12, 2018. The last day to serve by mail was actually July 8, 2018. The motion is therefore untimely. Plaintiff has filed an opposition which addresses this procedural defect and which addresses the underlying merits of the demurrer. Opposing a motion on the merits waives any irregularities in the notice. Carlton v. Quint (2000) 77 Cal.App.4t...

Excerpt: ...thority to represent Reed or file a motion on his behalf. On this basis alone, the motion is denied. Counsel should be prepared to address this issue at the hearing of this matter. Out of an abundance of caution, and in order to promote economy and convenience to the parties, the Court issues the following “tentative” tentative ruling indicating how it would rule if Peter Dubrawski properly appeared. Plaintiff, Robert Reed and non‐parties r...

Excerpt: ...“general demurrers.” A general demurrer lies when the allegations of the complaint show that the action is barred by the statute of limitations. Iverson, Yoakum, Papiano & Hatch v. Berwald (1999) 76 Cal.App.4th 990, 995. Merits of Motion: Plaintiff's form complaint for personal injury alleges two causes of action arising from the same incident. The first cause of action is for “Motor Vehicle” which is a type of negligence cause of action....

Excerpt: ...at 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 more than 75% can be exempt, if the income is sufficient...

Excerpt: ...“general demurrers.” A general demurrer lies when the allegations of the complaint show that the action is barred by the statute of limitations. Iverson, Yoakum, Papiano & Hatch v. Berwald (1999) 76 Cal.App.4th 990, 995. Merits of Motion: Plaintiff's form complaint for personal injury alleges two causes of action arising from the same incident. The first cause of action is for “Motor Vehicle” which is a type of negligence cause of action....

Excerpt: ...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 more than 75% can be exempt, if the income is sufficie...

Excerpt: ...thority to represent Reed or file a motion on his behalf. On this basis alone, the motion is denied. Counsel should be prepared to address this issue at the hearing of this matter. Out of an abundance of caution, and in order to promote economy and convenience to the parties, the Court issues the following “tentative” tentative ruling indicating how it would rule if Peter Dubrawski properly appeared. Plaintiff, Robert Reed and non‐parties r...

Excerpt: ...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 more than 75% can be exempt, if the income is sufficie...

Excerpt: ...thority to represent Reed or file a motion on his behalf. On this basis alone, the motion is denied. Counsel should be prepared to address this issue at the hearing of this matter. Out of an abundance of caution, and in order to promote economy and convenience to the parties, the Court issues the following “tentative” tentative ruling indicating how it would rule if Peter Dubrawski properly appeared. Plaintiff, Robert Reed and non‐parties r...

Excerpt: ...“general demurrers.” A general demurrer lies when the allegations of the complaint show that the action is barred by the statute of limitations. Iverson, Yoakum, Papiano & Hatch v. Berwald (1999) 76 Cal.App.4th 990, 995. Merits of Motion: Plaintiff's form complaint for personal injury alleges two causes of action arising from the same incident. The first cause of action is for “Motor Vehicle” which is a type of negligence cause of action....

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: ...cy rights, and for otherwise violating a June 14, 2018 agreement between plaintiffs' counsel and defense counsel. Counsels' agreement limited the scope of any subpoenas in the case to the parts of the body that plaintiffs have alleged to be injured. The subject subpoenas were issued to Anthem Blue Cross on or about May 25, 2018, as part of a bundle of 33 separate subpoenas issued to plaintiffs' medical and insurance providers. The subpoenas appar...

Excerpt: ...ssues an Order to Show Cause re Dismissal pursuant to Gov't Code § 68608(b). The hearing on the OSC re Dismissal is set for Monday, October 1, 2018 at 8:30 a.m. in Department 3. The clerk is instructed to prepare a separate Order to Show Cause re Dismissal. Today's review hearing is continued to Monday, October 1, 2018 at 9:00 a.m. in Department 3. ...

Excerpt: ...018 and by Plaintiff on June 28, 2018. Mr. Smith was therefore the attorney of record in this case and remained the attorney for Plaintiff at the time the OSC issued. No response has been provided by either Plaintiff or Mr. Smith. Sanctions are therefore imposed in the amount of $250 against Plaintiff and Mr. Smith. The clerk is directed to prepare a separate Order of Sanctions. ...

Excerpt: ...pear that the parties' failure to appear was inadvertent. As such no sanctions will be imposed. The 5 parties are reminded that the Court will continue to schedule review hearings and order the filing of status conference statements until the Federal Action is remanded or dismissed. No appearance is necessary on today's calendar. ...

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: ...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: ...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: ...action on the last page of their Memorandum of Points and Authorities appears to be in error as a demurrer on that cause of action was neither noticed nor argued. 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 ...

Excerpt: ...ith the Court. A Claim of Exemption has an unusual procedure. Most of the documents are “filed” by the parties with the levying officer. The only document filed directly with the Court by the Judgment Creditor is the “Notice of Hearing” which sets a hearing date. This document is served on both the levying officer and the Judgment Debtor. The service of this document triggers the levying officer to file with the Court the original Claim o...

Excerpt: ...e motion was granted on September 25, 2017, and Ms. Salas was given leave to file a verified answer. When no verified answer was filed, Ms. Salas' default was taken on October 23, 2017. Proof of service relating to Vint Stevenson was next filed in December 2017. It demonstrated substituted service on May 4, 2017, and his default was taken on January 8, 2018. Nevertheless, an Order to Show Cause (OSC) re Monetary Sanctions issued from this Court i...

Excerpt: ...resentation, and declaratory relief. Part of their complaint also makes reference to a lawsuit filed by two of the Defendants (Amrit and Ruby Gill) on April 19, 2017 in Orange County (Orange County Superior Court Action No. 30‐2017‐00915449‐CU‐FR‐CJC). The Orange County complaint alleges similar causes of action pertaining to the same transaction, but also includes different causes of action and different parties. It appears both compla...

Excerpt: ...t. Decker opposes the motion but Plaintiff does not. 4 Objections: Decker's Objection No. 1: SUSTAINED Ginno's Objection No.1: SUSTAINED Ginno's Objection No. 2: SUSTAINED Factual Background: In 2015 Plaintiff was employed by the National Veterinary Associates (“NVA”) as the managing veterinarian at the Westside Pet Hospital (the “Hospital”). NVA leased the Hospital from the Ginno Family Trust. On January 29, 2015, Plaintiff was injured w...

Excerpt: ...ated that the action will proceed to a default prove‐up hearing. Plaintiff Federal National Mortgage Association (FNMA) now moves for an order substituting MTGLQ Investors, L.P. (MTGLQ) as plaintiff in place of FNMA. The motion is brought because FNMA has transferred its beneficial interest in the property to MTGLQ. Following transfer of an interest in an action or proceeding, the action or proceeding may be continued in the name of the origina...

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: .... 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: ...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: ...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: ...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: ... 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...