Excerpt: ...nce of billable records disclosing efforts supporting such a fee and the sum amount of the recovery. Further, the court is unable to approve a stipulation to seal court files absent a compelling reason which would permit the court to make findings that such sealing is necessary in light of the public's interest in access to court files. The parties have failed to make such a showing. The information that is sought to be redacted is not highly sen...

Excerpt: ... good faith settlement, accompanied by the declaration of plaintiff's attorney, would have been sufficient if the application had not been contested. A “barebones motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case, is sufficient.” (The Rutters Group, California Procedure Before Trial, section 12:871, citing The City of Grand Terrace v. Superior Court (1987) 192 Cal.Ap...

Excerpt: ...waived and the requests for admissions are deemed admitted, is denied in its entirety. Defendant brought this motion under CCP Sections 2030.290(a), 2031.300(a), 2033.280(a), and 2033.300(a). However, defendant did not satisfy either of the two conditions for relief set out in these statutes. First, defendant did not provide discovery responses “in substantial compliance” with the statutes, as required. The responses that were finally provide...

Excerpt: ...18, 930 [the nature of a motion is determined by the relief sought, not the label used by the party]; Sole Energy Co. v. Petrominerals Coro. (2005) 128 Cal.App.4th 187, 193 [same].) Plaintiffs admit that Defendants served responses to their discovery requests and claim that the untimeliness resulted in a waiver of objections. (Decls. of McCann, ¶ 6.) The court notes that, notwithstanding any objections, Defendants provided substantive responses ...

Excerpt: ... Production, Set One. On July 31, 2019, HSBC BANK served verified supplemental responses to all of these discovery requests. Yet plaintiffs never filed a new motion based on these supplemental responses or amended the present motion to include the supplemental responses. Therefore, the court will not rule on the sufficiency of either the original responses or the supplemental responses. The court notes that plaintiffs did not file a separate stat...

Excerpt: ...18, 930 [the nature of a motion is determined by the relief sought, not the label used by the party]; Sole Energy Co. v. Petrominerals Coro. (2005) 128 Cal.App.4th 187, 193 [same].) Plaintiffs admit that Defendants served responses to their discovery requests and claim that the untimeliness resulted in a waiver of objections. (Decls. of McCann, ¶ 6.) The court notes that, notwithstanding any objections, Defendants provided substantive responses ...

Excerpt: ...ity itself [must be] the wrong complained of, and not just evidence of liability or a step leading to some different act for which liability is asserted.” (Wilson v. Cable News Network, Inc. (2019) 7 Cal.5th 871, 884; Park v. Bd. of Trs. of Cal. State Univ. (2017) 2 Cal.5th 1057, 1061.) Cross‐complainants' allegation that they “were forced to retain the services of attorneys to defend them [due to a complaint filed with the Bureau of Real E...

Excerpt: ...and as required by the Court's order granting preliminary approval. Having considered the unopposed motion for final approval and the supporting declarations and evidence, the court finds that the settlement was entered into good faith, is fair, reasonable and adequate, and satisfies the standards for final approval under California law. (Civil Code §1781; Code Civ. Proc. §382; Cal. Rules of Ct., rule 3.769.) Good cause appearing to the satisfa...

Excerpt: ...v. Superior Court (2004) 32 Cal.4th 771, 790 [citing “the general rule that statutory causes of action must be pleaded with particularity”]; Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795 [the same]. Under Civil Code §2920.7(d), status of a devisee, heir or trust beneficiary does not automatically convey a right to assume and/or modify an existing loan. One must submit an application to the mortgage servicer, who “may...

Excerpt: ... for conversion is sustained without leave to amend. Plaintiff's allegations fail to establish that any alleged violation of Civil Code sections 2923.55 and 2923.7 were material. (Civ. Code § 2924.12, subds. (a)‐ (b).) Plaintiff does not allege any facts demonstrating that any failure to provide a single point of contact or the fact that Plaintiff initiated the contact with Defendant constituted material violations of the statutes. (See, Astur...

Excerpt: ...missed the seventh cause of action for negligence, ninth cause of action for fraudulent misrepresentation, 10th cause of action for negligent misrepresentation, and 17th cause of action for intentional infliction of emotional distress. Defendant's motion has been rendered moot with respect to all dismissed claims. The Court takes judicial notice of the grant deed presented as Exhibit 1 of Defendant's request for judicial notice showing that title...

Excerpt: ...efers to NEW DESSERTS and the agreement is not ambiguous given its execution in connection with Plaintiff's onboarding process for employment with Defendant. The arbitration agreement is not procedurally and substantively unconscionable, and is capable of being enforced. (See Fittante v. Palm Springs Motors, Inc. (2003) 105 Cal.App.4th 708, 723). Only the cost‐splitting provision is unenforceable; however, this term may be properly severed unde...

Excerpt: ...e the administrative agency”]. C.C.P. §1094.5(e) provides an exception to this rule, authorizing the court to also consider relevant evidence which was either improperly excluded from the administrative record, or that could not have been produced in the exercise of reasonable diligence, by the party now attempting to rely upon it. Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not ha...

Excerpt: ...ons are uncertain. The complaint also does not state facts sufficient to constitute a cause for fraud based on intentional or negligent misrepresentation or concealment. Allegations of fraud must be specific. The allegations regarding the alleged misrepresentations of an “attrition of 33 employees” are not sufficiently specific. Also, the allegations are uncertain. The court notes that co‐defendant CALIFORNIA MENTOR FAMILY HOME AGENCY, LLC,...

Excerpt: ...or this reason, discovery in a CEQA case is unusual. Pomona Valley Hospital Medical Center v. Superior Court (1997) 55 Cal.App.4th 93, 102 [limited discovery Page 2 of 3 available upon a showing that it is “reasonably calculated to lead to evidence admissible under section 1094.5”]. Limited areas of discovery can be proper in a CEQA case, as acknowledged by a statute which requires setting of a CEQA hearing briefing schedule that can be exten...

Excerpt: ...g that defendant Mericle actually received actual notice of the summons and complaint, and Mericle's declaration states and/or implies that he did not receive them. Mericle further states that he continued to use his former Union City address until June 2014, then moved to Burlingame from June 2014 until June 2017, then to Fresno for about two years. Plaintiff's application for an order for published summons includes declarations of diligence sho...

Excerpt: ...ESS to 1st Amended Complaint; and (4) Motion by Defendants PONTUS MAG FAIRFIELD, LLC; PONTUS MAG MANAGING MEMBER, LLC; PONTUS NET LEASE ADVISORS, LLC; PONTUS CAPITAL, LLC; and MICHAEL PRESS to Strike Portions of 1st Amended Complaint TENTATIVE RULING The demurrer by Defendant PONTUS MAG FAIRFIELD, LLC (“PONTUS MAG”) to the 3rd , 8th and 11th causes of action is denied. The demurrer by PONTUS MAG to the 5th, 6th, 7th, 9th and 12th causes of ac...

Excerpt: ...s order granting preliminary approval. Having considered the unopposed motion for final approval and the supporting declarations and evidence, the Court finds that the settlement was entered into good faith, is fair, reasonable and adequate, and satisfies the standards for final approval under California law. (Civil Code §1781; Code Civ. Proc. §382; Cal. Rules of Ct., rule 3.769.) Good cause appearing to the satisfaction of the Court, the propo...

Excerpt: ... by Mr. Garcia's prior law firm (the Damrell Firm) to Petitioner David Duke's counsel herein. (The Court has already established that Petitioner, as decedent's personal representative, currently holds decedent's claims of privilege.) The parties submitted simultaneous briefing on the question presented to the Court and the Court has had an opportunity to review the parties' pleadings. Upon that review, the Court answers the question presented as ...

Excerpt: ...nt has presented sufficient evidence to meet her burden of establishing that there is a complete defense to Plaintiff's cause of action and that one or more elements of Plaintiff's negligence claim cannot be established. (Code Civ. Proc. § 437c(p)(2); Lyle v. Warner Bros. Television Prods. (2006) 38 Cal.4th 264, 274.) Defendant presents evidence that Plaintiff neither paid the required $25 filing fee nor submitted a proper request for a fee waiv...

Excerpt: ...ories for recovery may require amendment. Counsel proposes to substitute Plaintiff's minor son through his guardian ad litem and to amend the Complaint to allege a cause of action for wrongful death as a basis for recovery. It also appears counsel's intent is to dismiss Plaintiff as a named party to the suit and not to substitute her estate. The motion to amend was unopposed. A suit could be separately filed on behalf of Plaintiff's minor son for...

Excerpt: ...ors and health plan providers. In its First Amended Complaint (FAC), CVMG alleges that ALLCARE's business practices have crossed the line from allowable marketplace competition into civilly actionable wrongdoing. The FAC alleges eleven (11) causes of action. ALLCARE has filed a demurrer and motion to strike as to CVMG's FAC. Demurrer: In general, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordina...

Excerpt: ...e was injured on August 20, 2016. (Complaint, ¶ 13.) Plaintiff did not commence this action until March 29, 2019. Consequently, Plaintiff must specifically plead facts that would establish some legal theory why the action is not barred by the statute of limitations. (Mills v. Forestex Co. (2003) 108 Cal.App.4th 625, 641.) The court is mindful that Plaintiff has been on notice of the need to specifically plead facts to establish tolling of the st...

Excerpt: ...une 24. C.C.P. §2025.450(a) authorizes a party to file a motion to compel deposition, when the party served with a notice of deposition fails to appear for deposition. Under C.C.P. §2023.030(a), monetary sanctions can be imposed against any party engaged in the misuse of the discovery process, or attorney advising that conduct, for the “reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct”. C.C.P. �...

Excerpt: ...orneys' fees; 3) Cross‐complainants Owen and Silvermark's motion (and amended motion) to strike and tax costs claimed by Cross‐defendant BME; 4) Plaintiff BME's motion to strike or tax costs of Defendants Owen and Silvermark; 5) Defendant Owen's motion for contractual attorneys' fees set August 30; 6) Defendant Owen's motion for attorneys' fees pursuant to the California Uniform Trade Secrets Act and Membership Agreement; and 7) Plaintiff BME...