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: ...port Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal.5th 637, 645 [anti‐SLAPP motion permitted against an amended complaint only if it could not have been brought earlier].) The motion was not filed until July 15, 2019. Defendant fails to provide the court with good cause to consider the untimely motion. Defendant claims that it held off on filing the motion in the hopes of settling the action at a mediation on April 23, 20...

Excerpt: ...guilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850). SEENO did not meet either of these burdens on this motion. In contending that cross‐defendant DESILVA GATES CONSTRUCTION has a present duty to defend SEENO in this construction defect action, SEENO relies on the indemnity provisions in SEENO'S subcontracts with DESILVA, specifically, paragraph 2.13.1 of these subcontracts, which are virtually identical. However, these indemnity provi...

Excerpt: ...(1996) 42 Cal.App.4th 1746, 1750 [the court may take judicial notice of the records and files of a state entity].) Plaintiff's claim, received by the Government Claims Program on May 24, 2017, states only a claim against “California Department of Correction [sic] and Rehabilitation”. (Decl. of Rivera, Exh. A, ¶ 16.) Nothing in the claim purports to identify any claim against, wrongful conduct by, or liability of Defendant Valdez. (Id., Exh. ...

Excerpt: ...eding as a witness in litigation in a matter regarding an event or transaction that he or she perceived or investigated in the course of his or her duties, to which that local agency is not a party, shall receive the salary or other compensation to which he or she is normally entitled from that local agency during the time that he or she prepares for his or her response and appearance, during the time that he or she travels to and from the place ...

Excerpt: ...5th 1131, 1150.) This also supports causes of action under the Consumer Legal Remedies Act and for declaratory relief. (Id. at 1152‐1153.) Motion to Strike Defendant's motion to strike Plaintiff's prayer for public injunctive relief is denied. Private plaintiffs are not precluded from seeking public injunctive relief in an action claiming a violation of the UCL or the CLRA. (McGill v. Citibank (2017) 2 Cal.5th 945, 961.) Motion to Compel Furthe...

Excerpt: ...ured, as required for liability under Labor Code Section 4558. (CONCO'S Separate Statement of Undisputed Material Facts, Nos. 34, 37‐43, 47 and evidence cited therein). In fact, according to the evidence submitted, there was a “cover guard” on the press, which plaintiff himself opened so that he could work on the inside of the press just prior to the accident. (CONCO'S Separate Statement of Undisputed Material Facts, Nos. 12‐ 18 and evide...

Excerpt: ...sh Subpoena to David Grant USAF Med Center filed by Plaintiff Motion to Quash Subpoena to Rohit's Cleaning Service filed by Plaintiff TENTATIVE RULING The court notes that the meet and confer efforts were inadequate. Plaintiff's counsel's emails, which did not begin until April 19, 2018, simply reiterate her objections to the subpoenas and argue that none of the documents sought in the subpoenas is discoverable. This is not the law. Clearly, some...

Excerpt: ...n and Regina Yin are compelled to attend their depositions scheduled on July 23 and July 24. Plaintiffs are awarded reasonable attorneys' fees and costs from Defendants as monetary sanctions in the amount of $1,040, payable within 30 days of the date of service of the order awarding sanctions. The Court does not consider any matters that are not stated in Plaintiffs' notice of motion and raised for the first time in Plaintiffs' reply. (Kinda v. C...

Excerpt: ...ARTNERS, LLC, and PACIFIC SECURITY CONSULTANTS (“PSC”), PSC has a duty to defend and indemnify cross‐complainants in the underlying action filed by RANDALL LEE SHERWOOD and ALBERTA LATORRES. The court's ruling is based on the undisputed evidence that: (1) The services contract between STARWOOD and PSC requires PSC to defend, indemnify, protect, and hold harmless the “Manager” and “Owner” of the shopping center property known as “S...

Excerpt: ...e period of the decedent's alleged exposure from 1970 to 1973. Plaintiffs' expert, Sean Fitzgerald, indicates that according to certain tests, there was some asbestos in the talc, and that tests indicating no evidence of asbestos in the talc were not conclusive in this regard. Fitzgerald establishes that the decedent's asbestos exposure from Emtal talc was more than a mere possibility, and that this exposure may have been a substantial factor in ...

Excerpt: ...ction 2030.210 governing responses to interrogatories and CCP Sections 2031.210 and 2031.280 governing responses to requests for production. Plaintiff is to provide further responses to Special Interrogatories, Set One, Nos. 3, 7, 11, 15, 19, 23, 27, 31, 35, 39, 43, 46, 50, 54, 58, 61, and 62, in compliance with CCP Section 2030.210; and to provide a further response to Request for Production, Set One, No. 1, in compliance with CCP Sections 2031....

Excerpt: ......

Excerpt: ...eration of the December 2017 order), but not the grounds for issuance. A memorandum of points and authorities “must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases and textbooks cited in support of the position advanced.” CRC 3.1113(b). Plaintiff here combined her notice of motion with the points and authorities. However, she did not state in any coherent ...