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: ... 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: ...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: ...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: ...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...

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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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 ...

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...