Excerpt: ...19, this court entered a judgment quieting title and granting declaratory relief on the action filed by Michael B. Kuimelis and Lorene Kuimelis. In the order, the 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 ...

Excerpt: ...e court cannot tell if the further responses are adequate. Form Interrogatories Form Interrogatory Number 15 is a basic form interrogatory. It is not overly broad, unduly burdensome, or oppressive. Defendant did not provide the information requested by Form Interrogatory 17.1. A response stating “inability to respond” is legally insufficient. If the responding party lacks personal knowledge sufficient to respond, he or she may so state, but o...

Excerpt: ... conversion range from August 15, 1994, through May 13, 2011. The statute of limitations on the latest transaction, which occurred on May 13, 2011, expired on May 13, 2014. (Code Civ. Proc., § 338.) The complaint was not filed until June 12, 2019. Therefore, the causes of action are barred by the statute of limitations. Plaintiff argues that paragraphs 8 through 10 and 15 of the complaint allege concealment of the material facts and infer a lack...

Excerpt: ...icient to constitute a cause of action for the three causes of action at issue herein. The court notes that Respondents have not demurred to the current 4 th cause of action for writ of mandate based on failure to provide a fair hearing and this order accordingly does not affect that claim. All requests for judicial notice are granted. Background After Petitioners filed this action, Respondents demurred to each cause of action the ground that it ...

Excerpt: ...endant Libeu Cleaning Equipment, LLC, is GRANTED. Defendants' request for judicial notice of plaintiff's complaint in this action is granted. Defendants' objection number one is sustained. Plaintiff has not laid a proper foundation for the police report. In light of this ruling, the remaining objections to the report are moot. This case arises out of a motor vehicle accident that occurred on May 26, 2016, in Santa Rosa, California between plainti...

Excerpt: ...ilure to participate in the meet and confer process. Timeliness Defendant argues that plaintiff's motion is untimely as CCP section 2025.480 requires a motion to be filed within 60 days after the completion of the record of the deposition. Defendant argues that the date it served its objections is equivalent to the record of deposition. Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, provides that “under the plain meaning rule, the A...

Excerpt: ...of agency or employment at the time of the subject accident. For the reasons stated below, the motion is DENIED. Defendants' objection, number 1 is overruled. The statement that a true and correct copy of the Traffic Collision Report is attached is not hearsay. The declaration states that the declarant has personal knowledge of the report, which is likely as an associate at the firm representing the plaintiff. Defendant's objection, number 2 is s...

Excerpt: ...nse to her discovery request, Plaintiff discovered that Defendant failed to disclose material facts about the Property to buyer KS Manson Partners, LP (“KSMP”) that, if appropriately disclosed, would likely substantially affect any potential purchaser's valuation of the property. Plaintiff has also received two appraisals of the Property which indicate values significantly below the pending KSMP offer and provide significant new information w...

Excerpt: ...ial notice is granted. A court shall limit the scope of discovery “if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence” (Code Civ. Proc., §2017.020, subd. (a)) or if it determines the discovery sought “is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenie...

Excerpt: ... 425.16(e)(1) and (2) respectively make the anti-SLAPP statute applicable to causes of action arising from “any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law;” and to “any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official...

Excerpt: ...t all times mentioned in this complaint, [defendant] GUEN as a professional acupuncturist, treated plaintiff as a patient for which such treatment on May 18, 2016 the State of California Department of Consumer Affairs Acupuncture Board disciplined GUEN for “having sexual relations with a patient.” The issue of duty in a negligence action is a question of law and may be determined on a motion for summary judgment. (J.L. v. Children's Institute...

Excerpt: ...�� (“GLV”) and Percy Miller, aka Master P (together “Plaintiffs”). For the reasons discussed below, the motion for summary adjudication is DENIED. 1. First Cause of action for Breach of Oral Contract; Second Cause of action for Breach of Implied Contract Defendants argue Privateer is entitled to summary adjudication on GLV's causes of action for breach of an oral and implied contract because the alleged contract is invalid under the statu...

Excerpt: ...y judgment or summary adjudication Defendant Kalene Birdsall moves for summary judgment or, in the alternative, summary adjudication of plaintiff's sixth cause of action for violation of business and professions code section 17200. Plaintiffs have filed notice of non-opposition to this motion. From July 2016 to April 2017, Kalene Birdsall worked for Christine Cline, a State Farm insurance agent. Ms. Birdsall had no employment relationship with St...

Excerpt: ...�� (“GLV”) and Percy Miller, aka Master P (together “Plaintiffs”). For the reasons discussed below, the motion for summary adjudication is DENIED. 1. First Cause of action for Breach of Oral Contract; Second Cause of action for Breach of Implied Contract Defendants argue Privateer is entitled to summary adjudication on GLV's causes of action for breach of an oral and implied contract because the alleged contract is invalid under the statu...

Excerpt: ...ondie and/or defense counsel and Plaintiffs Joan Coke and Helen Straessle; prohibiting Defendants and their current counsel, or any newly appointed counsel, from utilizing at trial or in any other manner any communications from Plaintiffs Joan Coke and/or Helen Straessle; and prohibiting Defendants or their counsel, current or newly appointed, from obtaining or using any testimony from Plaintiff Helen Straessle in any manner whatsoever. On Septem...

Excerpt: ...f other insureds may be discoverable if relevant to the subject matter of the action or reasonably calculated to lead to admissible evidence. (See CCP § 2031.010(a); (Colonial Life & Accident Ins. Co. v. Sup.Ct. (Perry) (1982) 31 Cal. 3d 785, 790.) Discovery is allowable, for example, to clarify an ambiguity in a policy (see Carey-Canada, Inc. v. California Union Ins. Co. (D DC 1986) 118 FRD 242, 244—how “asbestosis” was interpreted in fil...

Excerpt: ...198); third cause of action for Failure To Provide Rest Periods (Cal. Lab. Code §§ 226.7 & H98); fourth cause of action for Failure To Furnish Accurate Itemized Wage Statements (Cal. Lab. Code § 226); fifth cause of action for Failure to Timely Pay Final Wages at Termination (Cal. Labor Code §§ 201- 203); sixth cause of action for Failure to Reimburse Expenses (Cal. Lab. Code § 2802); seventh cause of action for Unfair Competition (Cal. Bus...

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: ...x rel. Gow v. Mitchell Brothers' Santa Ana Theater (1981) 118 Cal.App.3d 863, 870-871. In the context of CEQA, the court in County of Inyo v. City of Los Angeles (1976) 61 Cal.App.3d 91, at 100, stated that “[w]e draw a distinction between the relatively limited scope of the main action and the effective range of an interim injunctive order. A court exercising injunctive power may do so upon conditions that protect all—including the public—...

Excerpt: ...pecified deposition notice. This Motion was set for hearing pursuant to the July 30, 2019 order granting Plaintiff's ex parte application for leave to file this Motion. Discovery closed on June 21, 2017 and this case is set for trial on October 15, 2019. The basis for the Motion is Cal. Code Civ. Proc. (“CCP”) § 2024.050, which provides that the Court may grant leave to complete discovery or reopen discovery following the discovery cut-off. ...

Excerpt: ...� Breach of Implied Covenant of Good Faith and Fair Dealing While some of the allegations are based upon the same allegations as the breach of contract claim, the complaint also alleges that plaintiffs promptly reported their losses to CSAA which then spent months investigating, evaluation, and deciding on their claims. (FAC ¶48.) The claims are alleged to still be open without a final written denial or statement that no further payment would be...

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: ...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: ...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: ... 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: ...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: ...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: ...“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: ...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: ...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: ...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: ...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: ...as Secretary of State of the State of California (“Respondent”), contended in his October 29, 2018 Opposition to Petitioner's Petition to Disqualify Sen. Dianne Feinstein that the Petition was filed in the incorrect venue under Elections Code (“EC”) section 13314(b). That statute provides in relevant part that venue for a proceeding under EC section 13314(a)(1), which allows an elector to seek a writ of mandate in connection with certain ...

Excerpt: ...�) Motion for Summary Judgment, or in the Alternative, Summary Adjudication. The Notice of Hearing solicited briefing on this issue, stating that parties wishing to be heard on the issue of “the propriety of including prejudgment interest in the judgment and, if proper, the amount of prejudgment interest” shall file their papers on or before March 4, 2019. No briefing was received. However, the Court is in receipt of, and has reviewed and con...

Excerpt: ...�) required that the OST “be served on all counsel by 3 pm on 3-1-19.” A proof of service filed on March 7 shows that Plaintiff timely served the OST. The unopposed Motion is GRANTED, except that sanctions are not awardable. Defendant is required to appear at a deposition at Plaintiff's counsel's offices at 10:00 am on Wednesday, March 20, except if March 20 is not convenient for Plaintiff, on another mutually convenient date on or before Mar...

Excerpt: ...nd 7) injunctive relief. This matter is on calendar for a motion by Defendant pursuant to Code of Civil Procedure (“CCP”) section 428.50 for leave to file a cross-complaint against Plaintiff for: 1) breach of equitable servitudes; 2) trespass to land; 3) injunction; and 4) declaratory relief (the “Proposed Cross-Complaint”). The Zimmerman Declaration filed in support of the Motion explains that the failure to timely file a cross-complaint...

Excerpt: ...n by defendant Chanate Property Owners Association (“Moving Defendant”) for leave to file an amended answer to the Complaint to include the affirmative defense of “recreational immunity” pursuant to Code of Civil Procedure (“CCP”) sections 473(a) and 576(a). The unopposed Motion is GRANTED. This matter is also on calendar for Moving Defendant's Motion for Summary Judgment on the grounds that Moving Defendant owed no duty to Plaintiff ...

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: ...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: ...l infliction of emotional distress (against defendant Drew); and 3) negligent infliction of emotional distress (against defendant CSAA). This matter is on calendar for the demurrer by CSAA and Drew pursuant to Code of Civil Procedure (“CCP”) sections 430.10(d) and 430.10(e) on the basis that they have been misjoined and that Plaintiff has failed to set forth facts sufficient to constitute a cause of action. That Demurrer is SUSTAINED without ...

Excerpt: ...d] over twelve years before the request to renew of the judgment has been filed.” Plaintiffs refer to their Exhibit A to support this argument, which is a December 9, 2008 “Modified Judgment” entered in Defendant's favor following a remittitur from the Court of Appeal, which affirmed the trial court's prior award of expert fees and litigation costs but reversed the trial court's award of attorneys' fees to Defendant. Alternatively, Plaintif...

Excerpt: ...igence; 2) breach of contract; 3) breach of implied warranties; 4) – 5) breach of express warranty; and 6) – 7) claim on contractor's license bond (against the sureties). The Complaint alleges that Plaintiffs entered into an Owners Contract Agreement with Defendant Ken Medrano, individually and dba Kendell Brook Builders (“Defendant Medrano”), and that as part of the work to be completed, Defendant Medrano retained Jack Shapiro and Shapir...

Excerpt: ...ith the court a verified application together with proof of service by mail in accordance with Code of Civil Procedure section 1013a of a copy of the application and of the notice of hearing of the application on all parties who have appeared in the cause and on the State Bar of California at its San Francisco office. The notice of hearing must be given at the time prescribed in Code of Civil Procedure section 1005 unless the court has prescribed...

Excerpt: ...on Insurance Fund's unopposed motion to consolidate its Subrogation Action with this case pursuant to Code of Civil Procedure (“CCP”) section 1048(a). CCP section 1048(a) provides: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning procee...

Excerpt: ...ges that on or about January 25, 2016, the defendants and their agents obtained x-rays and then the next day, January 26, 2016, extracted all 20 of her remaining teeth and that they were negligent and careless in their diagnosis, treatment planning, and treatment. (Compl. ¶ 6.) The grounds for the Motion are that Moving Defendant provided business support services to Dr. Boseovski and the undisputed evidence precludes an agency theory of liabili...

Excerpt: ...ED. This case arises out of allegations of defects in fiber cement panels installed at plaintiff Timothy Mott's (“Plaintiff's”) home located at 1861 Hale Road, Sonoma (the “Panels”). According to USAP's Motion, the Panels were purchased by Ryan from USAP who had in turn purchased them from Plycem USA, Inc. (USAP had contended that Plycem USA, LLC (“Plycem”) assumed Plycem USA, Inc.'s liabilities in a merger.) Plaintiff sued general co...

Excerpt: ...plaint The presently operative First Amended Complaint (“FAC”) alleges that Defendant failed to pay overtime compensation as required by the California Labor Code (“LC”) and applicable wage orders because it calculated overtime based on employees' base hourly wages and did not take into account all applicable non-discretionary bonuses earned during the applicable pay period; non-discretionary bonuses paid during the applicable pay period ...

Excerpt: ...is OVERRULED. The DA brings this action under Business & Profession Code section 17200 et seq. (the “UCL”) to “enjoin [Defendant] from engaging in the unlawful business practices and violations of worker safety laws as alleged herein, and seeks civil penalties, injunctive relief, and restitution.” (SAC ¶ 7.) The SAC alleges that within four years preceding the filing of the complaint Defendant violated, and continues to violate, the UCL ...

Excerpt: ...hat the damages awardable to Plaintiff from Defendant Mejia on the first cause of action for breach of contract are $600,000 plus allowable interest and costs, as evidenced by the undisputed facts (the “Notice”). The Notice indicated that the Court intends to issue a new order which is the same as the MSA Order except that page 5, lines 8-9 would read: “Accordingly, the Plaintiff is entitled to summary adjudication on its breach of contract...

Excerpt: ......

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: ...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: ...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...