Excerpt: ...nce Code (“EC”) section 723, and the Court's inherent authority, to preclude or limit Plaintiffs' designation of the following experts: Rene A. Castaneda (mechanical engineer); V. Paul Herbert (commercial vehicle safety); Jason Fries (forensic animation/3D laser scanning, video analysis, line of site, and trajectory analysis); and Mariusz Ziejewski (human dynamics/kinematics/biomechanical engineering); and 2) Plaintiffs' motion for leave to a...

Excerpt: ...prevailing” party is the party who recovered greater relief in the action on the contract. Here, plaintiff recovered greater relief and achieved his litigation objectives by reducing the May 2016 promissory note amount, cancelling the April 2016 promissory note, expunging the short form deed of trust and assignment of rents recorded against the Spring Street property and expunging the notice of default recorded against the County Manor property...

Excerpt: ...prevailing” party is the party who recovered greater relief in the action on the contract. Here, plaintiff recovered greater relief and achieved his litigation objectives by reducing the May 2016 promissory note amount, cancelling the April 2016 promissory note, expunging the short form deed of trust and assignment of rents recorded against the Spring Street property and expunging the notice of default recorded against the County Manor property...

Excerpt: ... second, third, fourth and sixth causes of action on the grounds the claims are barred by the respective statutes of limitations. The parties appear to agree that the statute of limitations applicable to these causes of action is 3 years, except for the second cause of action which is five years from the act or transaction or 2 years after discovery. In order to get around the respective statutes of limitations, Plaintiff attempts to plead the di...

Excerpt: ...nnot be supported by a claim for reformation. (Citing R&B Auto Ctr., Inc. v. Farmers Group, Inc. (2006)140 Cal.App.4th 327, 353.) Further, Defendants argue that the 5AC's allegations that Defendants withheld express benefits of their insurance contracts contradict their earlier statements that Defendants did not withhold benefits. Further Defendants assert that the allegations supporting the wrongful withholding of benefits are conclusory in natu...

Excerpt: ... out that the Complaint fails to allege whether Plaintiff owns the property. Moreover, Defendant argues that several statutes preclude Plaintiff from maintaining an action against him. (Citing Rev. & Tax. Code, § 4807, Gov. Code, §§ 860.2 and 810 et seq.) Defendant's demurrer has not drawn opposition. The Complaint details a series of discrete and separate incidents that Plaintiff unfairly affected himself and the real property located at 100 ...

Excerpt: ...according to proof” which is specifically directed at the “[p]roceeds of sale of real property for Lynda Maye in control of Stephen Olson Partition Referee arising out of May v. Rangel; Sonoma County Superior Court Action No.: SCV-260596.” The Application is DENIED without prejudice, for failure to demonstrate the amount to be secured by the attachment. “Attachment is an ancillary or provisional remedy to aid in the collection of a money ...

Excerpt: ...prevailing” party is the party who recovered greater relief in the action on the contract. Here, plaintiff recovered greater relief and achieved his litigation objectives by reducing the May 2016 promissory note amount, cancelling the April 2016 promissory note, expunging the short form deed of trust and assignment of rents recorded against the Spring Street property and expunging the notice of default recorded against the County Manor property...

Excerpt: ...authority to do so, by health-care directive or any other method. Flores v. Evergreen at San Diego, LLC (2007) 148 Cal.App.4th 581; Paparigan v. Libby Care Center, Inc. (2002) 99 Cal.App.4th 298, 302; Hogan v. Country Villa Health Services (2007) 148 Cal.App.4th 259. Defendants refer to a “durable power of attorney” attached to the Murray declaration, but the declaration includes no such exhibit and does not even refer to such an exhibit, ins...

Excerpt: ...itten. ¶BC-1. It includes a copy of the agreement. Defendant argues that the complaint is untimely, but nothing in the complaint shows any cause of action to be untimely. Plaintiff shows that the parties entered into the contract in September 2010 but states that Defendant has breached the contract from 2016 through the present. Claims for breach of written contract fall under the four- year statute of limitations of Code of Civil Procedure sect...

Excerpt: ...ith the Rinaldis at mediation, which was reduced to a signed writing. Ms. Mills contends that the settlement between her and the Rinaldis is enforceable, and precludes any further action, including the elder abuse claims against Ms. Mills, that have been recently raised in an amended petition field by the Rinaldis and Beneficiary Annette Van Lare. The Rinaldis oppose, arguing that the purported settlement is unenforceable and invalid. The Rinaldi...

Excerpt: ...posed requests for judicial notice are granted. [1] Cross-complainant Sunderland McCutchan, LLP (“McCutchan”) represented Abel and other plaintiffs in Sonoma County Superior Court case no. SCV-245738. Abel later filed this legal malpractice action against McCutchan. McCutchan then filed a cross-complaint against Abel alleging that plaintiffs in SCV-245738 failed to pay McCutchan $75,136.82 in attorney fees plus 15% of all amounts collected on...

Excerpt: ... the Insurer Defendants); and 3) negligence (against Delaney). This matter is on calendar for the demurrer by Fire Insurance Exchange (“FIE”) pursuant to Code of Civil Procedure (“CCP”) section 430.10(e) to the first cause of action on the grounds that Plaintiffs failed to attach the subject policy or otherwise properly plead their claim and to the second cause of action on the grounds that Plaintiffs do not allege an express breach of th...

Excerpt: ...on the same subject: 13. During or about August of 201 5, RAMOS requested a written agreement in furtherance of the oral agreement, and to memorialize the terms of the Option Agreement in writing. The parties drafted a written agreement signed by JONATHAN RAMOS and WALLAHAN hereinafter referred to as the LEASE OPTION; WALLAHAN kept the only copy, saying that before delivery to Plaintiffs, he would need to have his CPA and Attorney look it over. F...

Excerpt: ...costs related to the instant motion. The motion has not drawn opposition. A party who brings a successful motion to strike under CCP § 425.16 is entitled to attorney fees. (Ketchum v. Moses (2001) 24 Cal.4th 1122,1131; § 425.16(c).) Here it is undisputed that Medstar successfully brought an Anti-SLAPP motion against the Plaintiff's complaint. (See Medstar RJN.) Therefore, Medstar is entitled to its fees. “[T]he fee setting inquiry in Californ...

Excerpt: ...,000.00 cash deposited into court,” under Code of Civil Procedure section 391.1; and (3) that the Court enter a “pre-filing Order prohibiting the filing of any new litigation by [Plaintiff] against any Defendant(s) herein in propria persona without first obtaining leave of the presiding judge for the county in which the suit is to be filed” under Code of Civil Procedure section 391.7. Plaintiff has not filed an opposition to the motion. Def...

Excerpt: ...plaints for indemnity. This matter is on calendar for the motion by Cross-Defendant/Cross-Complainant RE West Builders, Inc. for leave to file an amendment to its cross-complaint to substitute South County Plumbing, Inc. for FOE 1 and Griffin Soil as Foe 2 (the “RE West Motion”). It is also on calendar for the joinder by Defendant/Cross- Defendant/Cross-Complainant John Carlisle Construction, Inc. (continued by the Court from 4/10/19)which se...

Excerpt: ...ether Plaintiffs' September 20, 2018 appeal (and their September 21, 2018 Notice of Automatic Stay of ‘all trial court proceedings on the challenged claims') divests the Court of subject matter jurisdiction to rule on TWC's current motion for summary adjudication, in whole or in part.” The parties submitted their supplemental briefs on April 3, 2019. On the threshold issue of the Court's jurisdiction to hear this motion with the appeal pendin...

Excerpt: ...jections, to the form interrogatories, special interrogatories, and requests for production of documents by May 1, 2019.CSI's request for monetary sanctions is DENIED. This matter was referred to the discovery facilitator program and assigned to discovery facilitator David King. Mr. King filed a report on April 11, 2019 which thoroughly summarizes the issues and the parties' respective positions, states that the parties met and conferred in good ...

Excerpt: ...a conditional Notice of Settlement of Entire Case on May 9, 2018, indicating that a request for dismissal would be filed no later than June 30, 2018. The minutes from most recent OSC on December 13, 2018 indicate that Plaintiff's counsel informed the Court that the parties have settled but that there are disputes as to performance under the settlement and that he seeks to file a motion to enforce the settlement and that jurisdiction was not retai...

Excerpt: ...lability, the court must declare a mistrial, and retry the entire matter. (*Given that the Reed parties share the same last name, the court will refer to the parties by their first name for convenience; no disrespect is intended.) Petitioner and Successor Personal Representative Shelley Ocana (Ocana) argues that William's request for mistrial is untimely and without merit. Ocana contends that Judge Shaffer's statement of decision is final and bin...

Excerpt: ...t payable to Plaintiff for services which she provided in this litigation, which notice must not set forth any claimed amount owed and must not indicate that Kyrias is a judgment creditor against Plaintiff or that Plaintiff is a judgment debtor, or that there has been any judgment in favor of Kyrias or against Plaintiff. Kyrias may file a lien notice but the lien notices she has filed improperly claim that she is enforcing a judgment against Plai...

Excerpt: ...rmation of the arbitration award and entry of judgment are necessary for Petitioners to enforce the award. Additionally, Petitioners seek an award of attorneys' fees and costs, in addition to those included in the arbitration award, for $10,165.00, which includes $8,265.00 in fees and costs incurred to bring this motion and $1,900.00 in fees anticipated to be incurred to prepare a reply and appear at any hearing. Petitioners contend they are enti...

Excerpt: ...on multiple grounds, most of which are untimely or would not justify the relief sought. For one, Defendant's Motion contends that a default judgment may not be entered against Defendant pursuant to California Insurance Code section 1063.2(g). (Motion at 3:21-4:20.)That section merely defines “covered claims” as excluding default judgments against an insolvent insurer or the insured of such an insurer. And what that definition means is that un...

Excerpt: ...) from offering any testimony, evidence, or argument at trial that it had conducted an inquiry or investigation into whether or not Plaintiff's vehicle qualified for repurchase or that Plaintiff is a qualified customer for purposes of the Warranty Act, and for monetary sanctions (“RFA Motion”); and 2) for an order compelling even further supplemental responses to Form Interrogatory (“FROG”) Nos. 1.1, 12.1, 12.2, 12.3, 15.1 and 17.1 and fo...