Excerpt: ...ns under CCP section 473(b), which must be filed within 6 months of the entry of the order or default or judgment, whichever is at issue. Section 473.5 provides relief where service may have been proper but did not result in actual notice in time to defend the action. See Randall v. Randall (1928) 203 Cal.462, 464-465. The defendant or respondent is thus entitled to relief as long as the party did not receive actual notice, and imputed or constru...

Excerpt: ...r an insurance policy in December 2016, Defendants promised to provide a policy with enough coverage and Defendants' agent promised that the policy provided would be sufficient to cover the Property “so that it all gets rebuilt”; Plaintiffs relied on Defendants and their agent to determine the proper amount of insurance coverage needed; Defendants knew of Plaintiffs' needs and reliance; Defendants were aware of the large number of homes which...

Excerpt: ...st 2007 until October 2014, when CVHA terminated Defendant's contract. (UMF Nos. 7, 15, 23 and AUMF No. 1.) Plaintiff purchased a residential property that was part of CVHA in December 2015, i.e., approximately 14 months after Defendant was terminated. (UMF Nos. 1-4, 8-10, 16-19.) Subsequent to the purchase, Plaintiff alleges that he discovered “extensive problems with the Property that were known to defendant Seller, but not disclosed to Plain...

Excerpt: ...in declarations filed no later than December 20, 2019. Wirtz was also ordered to file a code-compliant supplemental separate statement. Wirtz filed an amended separate statement (406 pages long) as well as a meet and confer declaration on December 20, 2019. (1) Defendant served significantly amended discovery responses (to all but the requests for production) on December 23, 2019, and he invited a meet and confer response regarding the adequacy o...

Excerpt: ...lleges Szostak knew of but failed to disclose the condition of the roof during the sale. Per plaintiff, had he known the facts regarding the condition of the property, he would not have purchased it for $328,000. The complaint alleges the following causes of action: (1) fraud and deceit – intentional misrepresentation; (2) fraud and deceit – concealment, suppression, nondisclosure; (3) negligent misrepresentation; (4) negligence; and (5) brea...

Excerpt: ...Smith-Wahl's shares. Christensen acted as the personal accountant for the parties long before the 2013 sale but he was implicated by the parties regarding the purported value the business in relation to the buyout. According to Christensen, he is a nominal defendant in this action, which was recently settled. Christensen was not a party to the settlement agreement. Christensen seeks $44,838.50 in attorney fees from plaintiffs. He asserts he incur...

Excerpt: ...e tide of hate crimes.” Jones v. Kmart Corporation (1998) 17 Cal.4th 329, 338. Plaintiffs claim that Defendants are liable for violating civil rights under Civil Code section 52.1. Conduct violating, and thus exposing one to liability under, this statute must be “more egregious than mere negligence” and there will be no liability under this statute for conduct based on mere error. Shoyoye v. County of Los Angeles (2012) 203 Cal.App.4th 947,...

Excerpt: ...ent pursuant to Cal. Code of Civ. Proc. (“CCP”) § 437c on the grounds that there is no triable issue of material fact and Plaintiff is entitled to judgment as a matter of law. The unopposed Motion is GRANTED. The elements of Plaintiff's cause of action for breach of contract are “(1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintif...

Excerpt: ...v. Proc. (“CCP”) 473(a)(1). Plaintiff shall file and serve the [Proposed] Fourth Amended Complaint (Russo Decl. Ex. A) within five (5) days of entry of the order granting this Motion. Plaintiff's discovery motion is GRANTED in part and DENIED in part. The Notice of Motion states that it seeks to compel further responses to Plaintiff's first set of form interrogatories. The Separate Statement filed pursuant to Cal. R. Ct. 3.1345 makes clear th...

Excerpt: ...heets incurred permanent injuries as a result of the drug's “unreasonably dangerous and defective characteristics” and defendants' “failure to warn” potential users, including the U.S. Navy, of these known side effects. Ms. Sheets asserts a cause of action for loss of consortium based on allegations that she “has been, and will continue to be, deprived of the consortium, society, comfort, protection, and service” of Mr. Sheets. Plaint...

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: ...,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: ...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: ...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: ...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: ...on by Defendant to compel further responses from Plaintiff to its requests for admission, requests for admission of genuineness of documents, form interrogatories, special interrogatories, and requests for production of documents, and for monetary sanctions. The unopposed Motion is GRANTED as set forth below. The Court finds that sanctions are warranted, but because the Motion was unopposed, the Court will award Defendant its attorneys' fees and ...

Excerpt: ...ine” or attempting to litigate by “surprise” are not valid bases for refusing to comply with the deposition notices. While strategic considerations may have dictated Defendant's conduct, there was nothing improper about its decision to make a general appearance and serve deposition notices after it was served with Plaintiffs' written discovery. The Discovery Act explicitly allows a defendant to conduct any and all discovery as soon as it ap...

Excerpt: ... 2) intentional interference with contractual relations; and 3) misappropriation of trade secrets. In essence, the Complaint alleges that while employed by Plaintiff in positions of confidence, and using Plaintiff's resources, the Individual Defendants formed their own company, defendant HOA LLC, and solicited Plaintiff's clients in an effort to take them away from Plaintiff and to HOA LLC. This matter is on calendar for a motion by Defendants to...

Excerpt: ...rably” to the recovery by class members who are receiving “as much as $10,000 each.” Plaintiff argues that he worked “extensively” with class counsel over the course of five years, appeared for deposition twice, responded to numerous requests, searched for documents, and worked with class counsel on discovery and reviewing settlement documentation. He is providing a more comprehensive release than the class as a whole, and he put the in...