Excerpt: ...a need and good reason to extend the discovery cut‐off with respect to certain discovery in this case, and that doing so will not result in any delay of trial or prejudice to SEENO CONSTRUCTION or ASPEN INSURANCE. DGC has established a need to extend the discovery cut‐off so that DGC may file motions to compel with respect to the verified discovery responses that were recently provided by SEENO, to the extent such motions are permitted under ...

Excerpt: ... by Defendants to Plaintiff that was breached by Defendants' conduct. But, Defendants have failed to meet their initial burden of establishing that the element of duty cannot be established. (Code Civ. Proc. § 437c(p)(2); Lyle v. Warner Bros. Television Prods. (2006) 38 Cal.4th 264, 274.) Defendants' own evidence establishes that they meet the definition of an automobile dismantler as a buyer or seller of the component materials of a vehicle req...

Excerpt: ...laint alleged compliance with C.C.P. §377.32, and attached a copy of Plaintiff's declaration pursuant to C.C.P. §377.32. CRESTWOOD initially argued that Plaintiff's complaint failed to allege recovery for her decedent mother's pain and suffering within her elder abuse cause of action, based upon Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256. In Quiroz, like in the present case, a dependent adult died in a skilled nursing facility. H...

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: ... 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: ... 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: ...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: ... explore options to avoid foreclosure (FAC, ¶¶ 18, 28, 38), no actual contact is required by the statute and Plaintiff fails to allege specific facts demonstrating that Defendant failed to exercise due diligence in its attempts to contact Plaintiff. (Civ. Code § 2923.5(e); Rossberg v. Bank of Am. (2013) 219 Cal.App.4th 1481, 1494.) Although Plaintiff does state that Defendant did not attempt to contact him, he provides no factual support for h...

Excerpt: ...HE. The second amended complaint alleges sufficient facts to indicate that FORSYTHE was on duty as a security officer in the area in front of the Six Flags park at the time of the incident, and his alleged conduct was incident to his duties or could have been reasonably foreseen by defendants. (Martinez v. Hagopian (1986) 182 Cal.3d 1223, 1228). The demurrer to the third cause of action for conversion is sustained to the extent it is based on the...

Excerpt: ...oner here filed a request for hearing on September 12, within 90 days after filing the petition on June 18. Real party in interest SOLANO COUNTY WATER AGENCY (“SCWA”) did not contest the timeliness of the filing of this request, but argued that it was a hollow request if the administrative record was not ready, or soon to be ready. Public Resources Code §21167.6(a) requires the petitioner to request the respondent public agency prepare the r...

Excerpt: ...b Group v. Wertin (1997) 59 Cal.App.4th 1022, 1028 [a borrower is legally obligated to repay her loans].) Judgment shall be entered for Plaintiff and against Defendant for the principal balance of $3,109.65 and costs of $374.50 for a total of $3,484.15. ...

Excerpt: ...prevent her from participating in trial if it is set beyond the next 120 days. Under CCP Section 36.5, a declaration regarding plaintiff's medical condition may be signed by an attorney. However, the records attached to the declaration of attorney Thomas Mitchell do not clearly support the statements he made in his declaration. The emergency room report attached to the declaration does not indicate that plaintiff suffered a traumatic brain injury...

Excerpt: ... under CCP Section 128.7(b)(1); they have not established that plaintiff's claims are not warranted by existing law under CCP Section 128.7(b)(2); and they have not established that plaintiff presented the complaint with knowledge that the claims in the complaint lack evidentiary support under CCP Section 128.7(b)(3). Defendants did not submit sufficient evidence in support of the motion. Although they submitted the transcript of the deposition o...

Excerpt: ...ent, or compel a party to sign any document related to the settlement. The court notes that no transcript of the MSC proceeding of July 16, 2018, was submitted in support of the motion. Therefore, the court is left to rely only on the terms of the settlement reflected in the minute order for the MSC in determining what settlement terms should be included in the judgment to be entered under CCP Section 664.6. The minute order clearly reflects the ...

Excerpt: ...he demurrer to the first cause of action for breach of contract and the second cause of action for fraud, which plaintiff states in his opposition are not directed to defendant SLACK, is sustained WITHOUT leave to amend. The demurrer to the fourth cause of action for unjust enrichment is also sustained WITHOUT leave to amend. The first amended complaint does not allege any facts to suggest that defendant SLACK may be liable for unjust enrichment....

Excerpt: ... service by mail on Defendants' counsel on that same date. Plaintiff's motion, also bearing the name and address of this new counsel of record, was served by mail on Defendants' counsel, again on January 22. Defendants' opposition, filed one month later, attached a proof of service by mail, listing only Plaintiff, and not her new counsel, as being served. The court therefore could not consider the arguments raised in those improperly served oppos...

Excerpt: ...cy interest, 2) a reasonable expectation of privacy by the plaintiff under the circumstances, and 3) a serious invasion of the privacy interest. (Hill v. Nat'l Collegiate Athletic Ass'n (1994) 7 Cal.4th 1, 39‐40; Strawn v. Morris, Polich & Purdy, LLP (2019) 30 Cal.App.5th 1087, 1098.) All that is alleged against Defendant is that it carried out the nonjudicial foreclosure of Plaintiffs' home. There was no serious invasion of any legally protect...

Excerpt: ...tity liability is for an injury caused by the dangerous condition of public property. Government Code §835. Thus, absent a statute prescribing a particular immunity, a public entity can be held liable if it created the dangerous condition, or had actual notice of a dangerous condition that it could have fixed or warned about. Government Code §831.4 prescribes immunity to public entities from an injury caused by an unpaved road, trail, path or s...

Excerpt: ...s or businesses. California Practice Guide (Hogoboom & King), Family Law, §§20:20 through 20:27. Plaintiff's 1st amended complaint alleged agreements, “orally and/or implied by contract”, to (1) share equally all of the property accumulated by the parties, including the real property [1st cause of action]; and (2) upon separation, to provide adequate means of support sufficient to provide for the reasonable living expenses of a party unable...

Excerpt: ...ta County [Contra Costa County Case RSC16‐0264]. This action was also dismissed, in August 2016, as “Plaintiff already had a hearing on same issues in Solano County”. In November 2016, Plaintiff in propria persona (“pro per”) filed a new unlimited jurisdiction action against Defendant, as Case No. FCS048007, again based upon the same claim of legal malpractice. Back in 2017, the court sustained a demurrer to the operative complaint, in ...

Excerpt: ...service on the State Bar of California at its San Francisco office (CRC rule 9.40(c)(1)), and for failure to pay the $50.00 fee to the State Bar (CRC rule 9.40(e)). Further, it appears that the applicants are intending to make repeated appearances in two (2) other California actions. 2) C.C.P. §387 authorizes a non‐party to an action to file seek to intervene. However, any such request, by way of noticed motion or ex parte application, must in...

Excerpt: ...aintiffs conclude that Defendants breached the representation agreement by failing to “market and attempt to sell [the business] with the requisite skill, care, and diligence”, but fail to allege any facts supporting this conclusion. (Complaint, ¶ 34.) Conspicuously absent from the complaint are any factual allegations concerning what Defendants did or failed to do to market and attempt to sell the business and how Defendants' conduct fell b...

Excerpt: ...C. to Provide Further Responses to Amended Requests for Admissions, Set One, and for Sanctions TENTATIVE RULING When a party upon whom written discovery is propounded serves responses raising objections which are too general or without merit, instead of providing substantive responses, the propounding party may, after informal attempts to resolve the disputes, move to compel further responses. C.C.P. §2030.300(a)(3) [interrogatories]; §2031.310...