Excerpt: ...e court held that Plaintiffs/Cross-Defendants were the prevailing parties and “may file a timely Memorandum of Costs.” The Memorandum of Costs was timely filed and served by mail on May 17, 2019. Defendants/Cross-Complainants move to strike or tax certain elements of the costs on the ground that costs are either inappropriate in their amount or that they are not entitled to claim specific costs. Code of Civil Procedure section 1032, subdivisi...

Excerpt: ...tation; Fifth Cause of Action for Reformation of Contract; and Sixth Cause of Action for Violation of Bus. & Prof. Code section 17200 (Unfair Business Practices). Plaintiffs Michael Cantarutti and Carolyn Cantarutti (together “Plaintiffs”) allege Defendant State Farm and its agents have failed to pay money due and owing under a homeowners' insurance policy number 57-CV-B458-6, underinsured Plaintiffs' property, and failed to properly inspect ...

Excerpt: ...ettlement and Plaintiff Counsel's application for an award of fees and litigation costs (“Final Fairness Hearing”) at which Class Members may be heard. The motion is GRANTED. The Final Fairness Hearing will be held on December 18, 2019 at 3:00 p.m. in Courtroom 17. Plaintiff shall file a motion for final approval by December 6, 2019. The total settlement is for $250,000.00, which can be broken down as follows: up to $83,333.33 as attorney's f...

Excerpt: ...he original complaint and its amendments allege an injury based upon defective roofing and water intrusion into Plaintiffs' residence. The proposed Third Amended Complaint alleges personal injury based upon a fall from a ladder and property damage based upon the removal of a tarp and other materials from the plaintiffs' roof. As the proposed new causes of action do not relate back to the original complaint, they are barred by the statute of limit...

Excerpt: ...26, 2018. Defendant's answer generally denied each statement in the complaint and raised affirmative defenses that the complaint is barred by the statute of limitations, that the complaint fails to state facts sufficient to allege any valid cause of action, that plaintiff has no admissible evidence, and that any income defendant has is exempt from all levy, garnishment, or other collection action. In addition to the facts pleaded, this court may ...

Excerpt: ......

Excerpt: ...ontain 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.” (See CRC 3.1113(b); see Quantum Cooking Concepts, Inc. v. LV Assocs., Inc. (2011) 197 Cal.App.4th 927, 934 [a trial court is not required to “comb the record and the law for factual and legal support that a party has failed to identify or provide”].) ...

Excerpt: ...owed to perform the IME. The Plaintiff relies on the opinion of Dr. Mary Ann Yael Kim, who asserts that the contacts between the Plaintiff and Dr. Frankel amounts to “multiple relationships” that create a conflict of interest. Further, the Plaintiff contends that Dr. Frankel is acting as a member of the defense team, in his capacity as an attorney, raising additional questions about Dr. Frankel's independence. In the alternative, the Plaintif...

Excerpt: ...e Trustee. The Defendant and Judgment Debtor, Louie I. Mughannam (the Defendant) has filed an opposition, arguing that he was never served with the complaint. Further, the Defendant argues that the Plaintiffs have failed to demonstrate (under the cited authority) that the Trustee should be added as an additional judgment debtor. Further, the Defendant contends that the Trust assets are not subject to execution, and that the Plaintiffs were aware ...

Excerpt: ...correspond to the new trial date. The matter is set for a Case Management/Trial Setting Conference on August 30, 2018, at 3:00 p.m., in Department 17 of this court. Defendants' counsel shall draft an order consistent with the court's ruling. Motion for Summary Judgment: The parties are ordered to appear to discuss continuance of the Defendants' Motion for Summary Judgment. Motion for Order to Appoint Decedent's Successor in Interest to Continue A...

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: ...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: ...'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: ...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: ...he document relied on by Fay to demonstrate that the subject loan was not assumable only states that the loan is not assumable upon sale. The Plaintiff argues that because she assumed the loan on the death of her parents that provision is not applicable. The Plaintiff argues that snice she provided Fay with the necessary documentation regarding the death of her parents, it was obligated to allow her to apply to assume the loan. The Plaintiff cont...

Excerpt: ... they had “actual knowledge” of the dangerous propensities of the dog. The Defendants argue that the undisputed evidence establishes that they had no actual knowledge and therefore cannot be found to have had duty to the Plaintiff. The Plaintiff opposes, arguing that the Defendants have not met their burden. The Plaintiff argues that the Defendants are not providing all of the facts and therefore “have not met their burden of establishing a...

Excerpt: ...try of judgment was served on April 10, 2018. The court further notes that no notice of appeal has been field in this matter. Accordingly, since the only reason presented by the Plaintiff for strike or holding in abeyance, and no appeal having been made, the court will deny this request. The Plaintiff also seeks to tax certain costs, specifically, $60 filing fee associated with the Defendant's demurrer, $60 filing fees associated with a motion to...

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: ...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...