Excerpt: ...ons, within ten days of this order. Further, the Plaintiff is entitled to $560.00 in sanctions. (See Code Civ. Proc., §§ 708.020(c), 708.030(c), 2030.290(c) and 2031.300(c).) Accordingly, the Plaintiff's motion is granted. The Plaintiff is to draft an order consistent with this ruling. ...

Excerpt: ... Compel Further Responses to Special Interrogatories Granted<004a000300530044005500 00480003> <000300520045004d004800 0051004700030047004c>d not provide <005700480050000f000300 00520045004d00480046>tions appear invalid on their face. Absent a declaration of necessity, a responding party still must respond to the first 35 such interrogatories and Norcal did not do <0046000c00110003003a00 0046004f004400550044>tion of necessity, as Plaintiffs provid...

Excerpt: ...'s complaint. Further, the Defendant argues that there was no ostensible authority over the dentists involved. The only services the Defendant provided to Defendant Boseovski pertained to: (1) Office Space, Furnishing, and Equipment, (2) In-Center Laboratory Services, (3) Staffing and Human Resources Assistance, (4) Inventory and Supplies, (5) Legal Services, (6) Marketing, (7) Financial Services, (8) Insurance, and (9) Information Technology. Th...

Excerpt: ...are not well-taken. The Plaintiff accuses the Defendant of issuing “boiler-plate” objections, and asserting privileges (attorney client/work-product, privacy) without providing a privilege log. The Plaintiff accuses the Defendant of requiring a higher bar for discovery, i.e. admissibility, versus the actual standard, i.e. could potentially lead to admissible evidence. The Plaintiff avers that he and the Defendant met and conferred, which resu...

Excerpt: ...ndant to submit a <00030057004b004c005600 0057004c005200510003>will be considered a waiver of those fees and costs. The court will reset the OSC re dismissal to September 25, 2018 at 3:30 p.m. in Courtroom 18. The Plaintiffs shall draft an order consistent with this ruling. ...

Excerpt: ...itten Discovery.”) The Plaintiff states that no response to this discovery was received. The Plaintiff also contends that he served a notice of deposition on the Defendant for a deposition to occur on March 29, 2018. The Plaintiff asserts that the Defendant did not appear, nor provide any indication of unavailability. In response to the Defendant's failure to provide responses or to appear at deposition, the Plaintiff filed the instant motion t...

Excerpt: ...relevant from discovery. That being said, the court is sensitive to the claimed confidentiality, and will order the parties to meet and confer in good faith in an attempt to enter into a protective order to shield these documents. Further, as to the claims of privilege, the court will order any asserted privilege to be noted in a privilege log. Accordingly, the Plaintiff is ordered to provide a code compliant response, and to produce all non-priv...

Excerpt: ...�� but fails to provide in what capacity the Plaintiff is acting with respect to the claims in the Complaint. The Defendant also contends that the entire Complaint is uncertain. The Defendant also demurrers to each of the causes of action as discussed below. The demurrer has not drawn opposition, however, on July 10, 2018, the Plaintiff filed an amended complaint. If a demurrer is filed a plaintiff only has a right to amend the complaint up to th...

Excerpt: ... to stay the present civil action pending a resolution of the arbitration. Plaintiff has not opposed the motion. For good cause shown, Defendant's unopposed motion to compel arbitration and for a stay of the present action is GRANTED. For calendar control purposes, a Case Management Conference is scheduled for July 11, 2019 at 3:00 pm in Department 19. Both federal and California law embrace a liberal policy favoring arbitration. (Armendariz v. F...

Excerpt: ...ause of action for false promise and Sunhill clearly and specifically alleges that Cross‐defendants falsely promised to comply with the new contractual terms in order to induce Sunhill to enter into the new Lease, expend large sums of money on improving the premises, and release the personal guaranty of Steve Maass. Sunhill has leave to amend within 20 days of the service of the notice of entry of this order. Cross‐Defendants are to serve the...

Excerpt: ...l parties. 2. District's Motion for a Preliminary Injunction The second motion is the District's motion for a preliminary injunction enjoining the Bordessas from interfering with the District's rights under its “Trail Easement.” As an initial matter, the Court notes the confused and contradictory representations in the District's motion as to whether this motion relates to the “Trail Easement,” the “Conservation Easement,” or both. Fo...

Excerpt: ...ion arises out of the Sonoma County Fires in October 2017 and allegations by multiple Plaintiffs that Defendant United Services Automobile Association (“USAA”) underinsured many of their policy holders. The First Amended Complaint alleges that USAA used a home valuation software called “Xactware” (produced by Defendant Xactware Solutions Inc.) that systematically under-estimated the replacement cost of its policyholders' homes, despite it...

Excerpt: ...l misrepresentation; and (3) breach of implied covenant of good faith and fair dealing. Defendants' unopposed request for judicial notice is granted. The court notes that while the apparent stipulation attached as Exhibit B to Mr. Kawar's declaration may ultimately severely restrict Plaintiff's recovery, the court is bound by the allegations of the SAC and matters subject to judicial notice in deciding the demurrer and motion to strike. (Blank v....

Excerpt: ...e Net Settlement Amount), and an award to the Class Representative for his service as a representative in the amount not to exceed $15,000. The Plaintiffs argue that the settlement is fair in light of the arms- length negotiations which included mediation. No objections have been lodged. A party to the settlement agreement may bring a noticed motion for preliminary approval. CRC Rule 3.769(c) states, in full, “[a]ny party to a settlement agreem...

Excerpt: ...s motion is GRANTED and the judgment entered against Defendant on March 18, 2015 shall be vacated and the case is dismissed without prejudice. The Code provides that “[t]he court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment...

Excerpt: ...an and Brady Schalich's property (‘Upper Fitzpatrick Lane').” Plaintiff proposes that “[i]f Upper Fitzpatrick Lane is public or Plaintiff has prescriptive easement rights, then Plaintiff would also present evidence of damages caused by the Schalich's blocking of Upper Fitzpatrick Lane.” (See, Notice at 2:8-15; see also, MPA at 3:14-26.) Plaintiff brings this motion pursuant to Code of Civil Procedure section 598 and on the grounds that th...

Excerpt: ...cludes $2,790 in attorneys' fees based on 6.5 hours of attorney time, billed at $450 an hour, plus a $90 filing fee. Thus, although Defendants represent that their fees are $450 an hour and their attorneys billed 6.5 hours related to this motion, which amounts to $2,925; Defendants are apparently only seeking $2,790 in sanctions related to this motion. Plaintiffs oppose the motion on several grounds. First, Plaintiffs state that they served verif...

Excerpt: ...int is unpersuasive. Although Fairfax involved medical malpractice and expert testimony as to the standard of care for doctors, in the instant case for professional negligence by a real estate agent, the complaint clearly puts at issue the standard of care applicable to real estate agents. It should have been no surprise to Arshi that Plaintiff disclosed an expert who would testify as to this standard of care. The court by its ruling does not add...

Excerpt: ...s, notes, mortgages, and deeds of trust included in the acquisition[;]” and (2) “the original promissory note, and original deed of trust and the original 2046 Balance Sheet for Loan #0044773 703 World Savings Bank Loan which was signed on December 22, 2006 by Mel Harold and Rena Harold.” (See, Motion at 2:7-12; Armstrong Dec. at ¶3; Sep. St. at 2:5-8 and 5:21-23.) In subsequent correspondence, Plaintiffs clarified that “[w]e are not ask...

Excerpt: ... T. Auman, which is how the original Complaint was filed. Additionally, Plaintiff argues that the demurrer should be sustained because the causes of action in the Cross-Complaint do not arise out of the same “transaction or series of transactions” as the underlying complaint to justify adding the new parties. Further, Plaintiff argues that Defendant has brought her claim in the incorrect forum because Defendant's claims relate to trust admini...