Excerpt: ... form interrogatories, special interrogatories and requests for production. In the opposition, petitioner agreed to amend his responses to Form Interrogatories, Nos. 2.1, 2.2 and 2.6. As to the remaining, disputed discovery responses, the court rules as follows: Form Interrogatories Petitioner objected to form interrogatories, nos. 12.1 (witnesses), 12.4 (photographs, films, videotapes), 12.5 (diagrams, reproductions, or models) & 12.7 (scene ins...

Excerpt: ...t Defendant Cervantes contracted with the Fanucchi Defendants for the removal of trees on property owned or leased by the Fanucchi Defendants. It alleges that during the course and scope of Decedent's employment, Defendant Cervantes cut off a portion of the top of a tree, which fell on Decedent, causing fatal injuries and resulting in the losses and damages claimed by Plaintiffs. After Plaintiffs filed a motion to stay, the parties stipulated to ...

Excerpt: ...to prevail Plaintiff must show not only that it paid the Loss but that it had a legal duty to do so. The court in Fireman's Fund did, in fact, hold that where an insurer paid a claim as a “volunteer” without any obligation to do so, it has no right to seek subrogation under equitable principles. It also noted that there was no evidence of a contractual basis for recovery since no evidence showed an appropriate contractual relationship on whic...

Excerpt: ... written responses to Plaintiff's meet and confer efforts came after the deadline to file a motion to compel further responses. RPDs 26-27 Defendant contends that these RPDs had a supplemental response, but that is not reflected in this separate statement. The RPD itself is not clear what the “Ministri documents” include. Plaintiff contends that Defendant “undoubtedly possesses additional documents responsive to the above-listed Requests be...

Excerpt: ...ed, or explanation of how section 340.6 applies in fact to each cause of action. Based on the apparent gravamen of the claims, the causes of action for conversion, fraud, and breach of fiduciary duty are based on conduct other than mere professional negligence, i.e., legal malpractice, but instead on the allegation that Defendants breached fiduciary duties to Plaintiff by obtaining and keeping funds belonging to Plaintiff. The court cannot conclu...

Excerpt: ... because of her intoxication lost control of her vehicle, causing Plaintiffs' damages. The pleadings are sufficient to support the prayer for punitive/exemplary damages. Plaintiffs shall draft an order consistent with this ruling. ...

Excerpt: ... also be specific, not general, to allege fraud against the corporation. Second Cause of Action This cause of action fails to comply with the statute of frauds and allege a signed writing regarding the alleged review of modification of loan terms and postponement of foreclosure sale. No associated damages are pled. Third Cause of Action Defendant argues that Plaintiff has failed to allege sufficient facts to support the violation of the Homeowner...

Excerpt: ... the declaration of Defendants' counsel acknowledges that “[o]n January 10, 2019, Plaintiff's counsel (Rick O'Hare) and I met and conferred by telephone to attempt to resolve issues, including the failure to produce documents, Plaintiff's objections to Requests, and amendment to Responses.” (See, Mervis Dec. at ¶12.) Accordingly, Defendants' “meet and confer” argument lacks merit. The requested documents clearly contain confidential fina...

Excerpt: ...“CCP”) section 2031.310 and for monetary sanctions. The Motion is GRANTED. Defendant served a CCP section 2031.030 Request for Vehicle Inspection (the “Request”) on April 23, 2018, noticing the inspection for June 11, 2018 in Healdsburg and indicating what Defendant intended to do, including a “test drive.” (Nassirian Decl. ¶ 3 & Ex. A.) Plaintiff served an objection to the Request via overnight mail on June 6, 2018, which objects to...

Excerpt: ...fenses (the “Answer”). This matter is on calendar for Plaintiff's motion to strike the Answer pursuant to Code of Civil Procedure (“CCP”) sections 435-437 on the basis that it is unverified and on the basis that the affirmative defenses are all irrelevant and therefore constitute immaterial allegations. Plaintiff's Motion is GRANTED with leave to amend due to the lack of verification but it otherwise DENIED. Defendant is required to file ...

Excerpt: ...r attorneys' fees pursuant to CCP section 425.16(c)(1) as the prevailing party on the anti-SLAPP motion, and the Court awarded Defendants $5,319.82 in attorneys' fees and costs. The Court also denied Plaintiff's motion to tax costs. Plaintiffs appealed the order granting Defendants' motion for attorneys' fees and costs and the order denying their motion to tax costs. MAC filed a request to dismiss its appeal and the order of dismissal was entered...

Excerpt: ... (1998) 18 Cal.4 th 739, 748, fn.6) In its opinion on the most recent consolidated appeal in this case, the Court of Appeal stated in part that “[t]he developer defendants shall recover their costs on appeal.” (See, 2018 WL 2252622 at *12, citing Cal. Rules of Court, rule 8.278(a)(1).) California Rule of Court 8.278 provides “[e]xcept as provided, the party prevailing in the Court of Appeal in a civil case…is entitled to costs on appeal.�...

Excerpt: ...who was handling the matter did not file a CMC and quit a day before the hearing, he was never made aware that his associate had not scheduled the court call, and that he missed the hearing because it was not scheduled on his calendar. (Shemtoub Decl. ¶¶ 4-7.) He contends that the failure to appear and to file a CMC statement was due to “mistake, inadvertence, mistake [sic] or excusable neglect” within the meaning of CCP section 473(b) and ...

Excerpt: ...rce the right to the fees. (Lindelli v. Town of San Anselmo (2006) 139 Cal.App.4 th 1499, 1505.) Thus, as Lindelli explained, an attorney who has an interest in obtaining attorney's fees pursuant to CCP section 1021.5 satisfies the factors for permissive intervention. One may also obtain a sufficient interest in an action, and a timely basis therefore, when a party to the action fails to prosecute or defend it. (Continental Vinyl Products Corp. v...

Excerpt: ...004c00510003005700 00480057004c00520051[ of the Superior Court. Here Plaintiff's original claim of $22,000 was awarded plus $5,412.60 in interest. Additional claims have also been asserted which are contested by Defendant. Exercising its discretion, the Court allows discovery. Plaintiff's Motion to Compel Plaintiff filed a motion to compel compliance with a notice of deposition and corresponding request for documents; responses to requests for pr...

Excerpt: ...would result in an award that is unjust, arbitrary and oppressive, or confiscatory.” The court also will require the notice packets to include a final hearing date that is at least 10, but not more than 20, days after the deadline for objecting or opting-out. The proposed notice, attached to the moving papers, is mostly clear yet detailed, with a full explanation of the lawsuit, and what to do in order to opt out or object to the settlement. Ho...

Excerpt: ...insurance company. However, the statements about Defendant's expertise are basically described as part of standard advertising materials and the like, Defendant seems sufficiently more likely to know the statements origin than Plaintiffs, and these are not the real alleged fraud, which Plaintiffs allege was the representations about the policy limits. As for those representations, the specific statements which Defendant challenges are only part o...

Excerpt: ...t no appearances had been made by any defendant prior to entry of the dismissal on October 4. The first Case Management Conference was set for August 23, 2018. The minutes from the August 23 CMC show that no CMC Statement was filed and that although the tentative ruling required an appearance, no appearance was made at the CMC by Plaintiff. The Court imposed sanctions against Plaintiff and its then-counsel Ralph Pollard of $150 for failure to fil...

Excerpt: ...der abuse. (See, Rambo v. Blain (1968) 263 Cal.App.2d 158, 163 [“a promise made with intent to deceive or induce a person to enter into a contract, without any intention of performing it, is actual fraud”], citing, Civ. Code §1572(4); see also, Civ. Code §1710.) “[B]ecause the real intent of the parties and the facts of a fraudulent transaction are peculiarly in the knowledge of those sought to be charged with fraud, proof indicative of f...

Excerpt: ...nal distress alleged arising from the acts of the Defendants. On October 3, 2018, the subject subpoenas were served on Hiner by Defendant Wright Realty. Defendant avers that Hiner did not serve any written objections to these subpoenas, nor did he return any documents sought in the subpoena. The Defendant did receive a communication from the subpoena service indicating that Hiner “required a HIPAA-compliant authorization.” This motion followe...

Excerpt: ...brother, defendant Bowen. Bowen filed a cross-complaint claiming he is entitled to more than half the sale and insurance proceeds based on his claims for reimbursement of expenses and for alleged offsets. Bowen seeks to compel further responses to form interrogatories nos. 2.12, 2.13, 6.1-6.7, 7.1-7.3, 9.1, 9.2, 10.2, 12.1-12.7, 13.1, 13.2, 14.1, 14.2 and 16.1. Weeks' responses to these form interrogatories were primarily objections based on Bowe...

Excerpt: ...est (hereinafter, “RPI”) Lytton Rancheria of California (hereinafter, “the Tribe”) to comply, or not comply, with the Forest Practices Act (hereinafter, “FPA”), Forest Practice Rules (hereinafter, “FPR”), California Environmental Quality Act (hereinafter, “CEQA”), the Porter-Cologne Water Quality Act (hereinafter, “WQA”), or the Fish & Game Code regarding Non-Industrial Timber Management Plan (hereinafter, “NTMP”), spe...

Excerpt: ...and granted on October 17, 2018. According to this court's order, Plaintiff's responses were to be served by December 19, 2018. Plaintiff was also ordered to pay $810 in sanctions. Defendant asserts that no responses have been forthcoming, nor has Plaintiff paid the $810 in sanctions. Defendant has now filed this motion seeking another order commanding responses and deeming the requests for admission admitted. Defendant also seeks terminating san...

Excerpt: ...e parties' respective insurable interests in the property. The home owners insurance proceeds have been deposited with the court and are awaiting court determination of how much shall be distributed to plaintiff and defendant. The real property has already been deemed by the family court to be defendant's separate property. Therefore, plaintiff has no ownership interest in the real property. Consequently, the SAC does not state a real property cl...

Excerpt: ... an imposition of punitive damages. The underlying Complaint alleges that Plaintiff purchased certain real property with a mobile home attached. The Complaint alleges that the mobile home is uninhabitable due to mold and mildew. The Complaint alleges a failure to disclose the true condition of the property on the part of Plaintiff's agent, the seller, and the seller's agents. The Defendants are alleged to have acted as the seller's agents in the ...