Excerpt: ...preclude RCBSR from raising the issue of order of proof with the trial judge. Plaintiffs' objections 1-5 are sustained and the objection 6 is overruled. The allegations of the Complaint do not base all of RCBSR's purported liability on HBC's employee's conduct or HBC's claimed negligent supervision. It is also alleged that Thorpe and the other individual Defendants were RCBSR's own agents or employees, e.g. John M.R. Doe Comp. ¶¶ 4, 63 (allegin...

Excerpt: ... of Jeffrey Lewis,” one of their attorneys. Lewis' declaration sets forth Lewis' time spent on the appeal. The declaration does not opine, as an expert, on the reasonableness of Defendants counsel's time or fees for bringing the anti-SLAPP motion or litigating the appeal. However, based on the Court's experience, the time shown in the request is excessive. Additionally, the Court is concerned with inexplicable repeated billing entries of hundre...

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: ... 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: ... 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: ... (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: ... 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: ...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: ...f 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. (See,Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 193- 196 [the perfecting of an appeal divests the trial court of subject matter jurisdiction over any matter “embraced in” or “affected by” the appeal during the pend...