Excerpt: ...rial. The failure to file earlier must have been in good faith. Id. Leave to file a cross‐complaint must be liberally construed to avoid forfeiture of causes of action. Id. Defendant has established that the failure to file the cross‐ complaint earlier was based on good faith efforts to settle this litigation. This matter is set for trial in October 2019 which will provide Plaintiff ample time to conduct discovery on the cross‐complaint. Fu...

Excerpt: ... § 435.5(a). A motion to strike must also be supported by a meet and confer declaration. CCP § 435.5(a)(3). No meet and confer declaration was provided with the demurrer and motion to strike. It appears 2 moving party has submitted the Declaration of Damon Booth with its reply in an effort to cure this defect. This declaration indicates nothing more than the fact counsel apparently had a single telephone conversation on November 6, 2018 wherein...

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