Excerpt: ...evaluate two interrelated factors when ruling on a request for a preliminary injunction: (1) the likelihood that the plaintiff will prevail on the merits at trial and (2) the interim harm that the plaintiff would be likely to sustain if the injunction were denied as compared to the harm the defendant would be likely to suffer if the preliminary injunction were issued.” Smith v. Adventist Health System/West (2010) 182 Cal. App. 4th 729, 749. In ...

Excerpt: ...ust grant that party leave to file the cross‐complaint so long as the party acted in good faith and has given proper notice to the adverse party. CCP § 426.50. The Court finds that the proposed cross‐complaint is compulsory as it “arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.” CCP § 426.10(c). Specifically, the cross‐complai...

Excerpt: ...ction is based upon a contract, fails to make ascertainable whether the contract is written, oral, or implied by conduct (CCP § 430.10(g)). A demurrer is treated “as admitting all material facts properly [pled], but not contentions, deductions or conclusions of fact or law.” Hood v. Hacienda La Puente Unified School District (1998) 65 Cal.App.4th 435, 438. For purposes of ruling on a demurrer. the plaintiff's allegations must be accepted...

Excerpt: ...Defendant alleges that the clerk improperly exceeded his or her authority in entering default judgment against defendant and cites to CCP § 473(d) and the Court's inherent equitable powers to set aside a void judgment or order in support. Under CCP § 473(d), the court may, “on motion of either party after notice to the other party, set aside any void judgment or order.” Defendant alleges that the Revolving Loan Agreement relied upon by Plai...

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