Excerpt: ...ainst Plaintiff, Todd M. Roloff (“Roloff”), Scott A. Norgren (“Norgren”), and Suretec Insurance Company (“Suretec”, tog e t h e r w it h P la in t if f , Ro lo f f , a n d N o r g r e n , “Vanquish”). This matter is on calendar for Vanquish's motion to strike punitive damages and their demurrer to the second cause of action for fraud within the Cross -Co m p la in t pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 430.10(e) for f...

Excerpt: ...f e n d a n t s ”) and Does 1 -100. This matter is on calendar for the motion by Ledwith, Ishmael, Ch ild , SRAS, a n d SSM C (“ Moving Defendants”) to require Plaintiff to furnish security as a vexatious litigant under Code of Civil Procedure (“CCP”) § 391.1. The m o t io n is GRAN TED in p a r t . I. Underlying Procedural Facts On June 17, 2021, Plaintiff filed the original complaint in this action, along with a Request to File New L...

Excerpt: ...ment in the case in the amount of $10,471.00, as Defendant has defaulted on the agreement. There is no opposition t o the motion. The Motion is GRAN TED . CCP § 6 6 4 .6 (a ) p r o v id e s : “If p a r t ie s t o p e n d in g lit ig a t io n s t ip u la t e , in a w r it in g signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judg...

Excerpt: ...o lid a t e t h is c a s e w it h Scot t sda le insura nce Compa ny v. Nort h Ba y Pressure Wa shing, Inc. , SCV-273302, also pending in Department 19 (the “Associated Action”) pursuant to Cal. Code Civ. Proc. (“CCP”) §1048, for all purposes. The M o t io n is GRAN TED . The Associated Action is filed by plaintiff Scottsdale Insurance Company (“Consolidation Plaintiff”) against Defendant. Thereafter, in the Associated Action, ST Hosp...

Excerpt: ...ess warranty under the Song-Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”) (against Manufacturer); 2) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair(against Dealer). This matter is on calendar for the motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection served to Manufacturer (the “RPODs”). Th...

Excerpt: ...ny (“Amerihome”), BW Re a l Es t a t e (“BW ”), W e s t e r n Allia n c e Bank (“Western”, together with Amerihome and BW, “Additional Cross-Defendants”) and Roes 1 -10. Thereafter, Plaintiff dismissed the FAC. There are two matters on calendar covered in this ruling. First, is Plaintiff's special motion to strike (“Anti -SLAPP motion”) brought pursuant to Cal. Code Civ. Proc. (“CCP”) § 425.16 to strike the First, Second,...

Excerpt: ... Evide nt iary and Proce dural Issue s The Court notes that Defendant's reply is over length, presenting 12 pages of substantive argument, where the page limit for replies is 10 pages. Cal. Rule of Court Rule 3.1113(d). The Court, on its own motion, strikes pages 12 -1 3 fo r f a ilin g t o c o m p ly w it h the Rules of Court. II. Procedural Hist ory Plaintiff brought this action against Defendant on or about August 5, 2020, alleging she suffere...

Excerpt: ...nd Does 1 -50 arising out of alleged misconduct in representing Plaintiffs in a real estate transaction (the “Complaint”). The Complaint contains causes of action for: 1) breach of contract; 2) negligence; 3) negligent misrepresentation; 4) fraud; 5) failure to disclose; 6) violations of Business and Professions Code § 17200 (“UCL Claim”); 7) rescission; and 8) b r e a c h o f f id u c ia r y d u t y . This matter is on calendar for Buye...

Excerpt: ... Inc. (“Eno”) (all together “Defendants”), as well as Does 1- 40, arising out of alleged breach of contract and construction defects. Cross- complaints from Wahidi, Eno, and SR Iron have each followed. This matter is on calendar for a motion by the Plaintiff to designate the matter complex under Cal. Rule of Court (“CRC”) Rule 3.400. The Court has also continued the Case Management Conference (“CMC”) from February 1, 2024, to the ...

Excerpt: ...ht surety companies and insurers, relating to breach of contract, construction defects, and negligence (the “DXC”). The Hollys have thereafter filed a cross-complaint for indemnity and breach of contract against the ten subcontractors named in the DXC, along with eleven more subcontractors not named therein (the “HXC”). This matter is on calendar for the motion by the Hollys to designate the case complex under Cal. Rules of Court (“CRC�...

Excerpt: ...arranty Act, Civ. Code § 1790 et seq. (the “Act”); 2) breach of implied warranty under the Act; and 3) violation of §1793.2 under the Act. This matter is on calendar for the motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection (the “RPODs”). The Motion is GRANTED. I. Governing Law Regarding RPODs, a party to whom a document demand is directed must respon...

Excerpt: ...regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was erroneous, as the appropriate relief would be to appeal the erroneous order, not to ignore the efforts to enforce it. In re Marriage of Niklas (1989) 211 Cal.App.3d 28, 35-36. CCP § 2025.450(g)(1) provides that a monetary sanction “shall” be imposed against the party losing a motion to compel deposition unless the court finds “...

Excerpt: ... TRVFD, “Defendants”), arising initially out alleged violations of the Court's orders in another case, SCV- 266225. This matter is on calendar for demurrers to all causes of action within the SAC by TRVFD, the County and Thompson pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, that there is another action proceeding between the same parties, and for misjoinder of...

Excerpt: ...a (the "Property"). Defendant has filed the instant motion for issuance of an order to show cause ("OSC") re: contempt against the receiver, Mark Adams ("Receiver"). The motion is DENIED. Judicial Notice As a preliminary matter, the Court takes permissive judicial notice of the docket within this case, including the orders therein, and the filings of the Receiver in this case. Judicial notice of official acts and court records is statutorily appr...

Excerpt: ...tions to compel answers to special interrogatories ("Sl") against Defendant under Code of Civil Procedure ("CCP") S 2030.300, and to compel compliance with Plaintiff's request for production of documents ("RPOD") under CCP S 2031.310. The motions are GRANTED. Governing Law A. Special interrogatories A party may propound up to 35 special interrogatories to another party. (CCP S 2030.030(a).) If the party propounds more than 35, it must attach to e...

Excerpt: ...his matter is on calendar for Defendant's motion to strike pun-tive damages. The motion to strike is DENIED. Governing Law A. Motion to Strike Punitive Damages A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 435(b). However, "falsity," must be demonstrated by reference to the pleading its...

Excerpt: ...ez, "Defendants"), and Does 1-100. The Complaint alleges a variety of causes of action derived from work contracted to be performed by Defendants. Grape Land has filed a cross- complaint alleging further contract actions ("Cross-complaint"). This matter is on calendar for Plaintiffs' motion to strike particular claims from the Cross-complaint, or in the alternative, to require a bill of particulars under Code of Civil Procedure ("CCP"), S 454. Pl...

Excerpt: ...ar for the moton by Corporate Defendant seeking to compel further responses to requests for production of documents set one ("RPODs"), Nos. 4, 24, 27, 36, 48, and 58, and request for sanctions in the amount of $5,510.00, from Plaintiff under Code of Civil Procedure ("CCP") S 2031.310. Governing Law Regarding the RPODs, a demand for production may request access to "documents, tangible things, land or other property, and electronically stored info...

Excerpt: ...t has filed the instant motion for issuance of an order to show cause ("OSC") re: contempt against the receiver, Mark Adams ("Receiver"). The motion is DENIED. Judicial Notice As a preliminary matter, the Court takes permissive judicial notice of the docket within this case, including the orders therein, and the filings of the Receiver in this case. Judicial notice of official acts and court records is statutorily appropriate. See Cal. Evid. Code...

Excerpt: ...mplaint, Plaintiff alleges that 275 and Walden are the lessors of the Property. 275 and Plaintiff entered into a lease agreement on February 8, 2020. Plaintiff filed the Complaint based on Defendants' alleged violations of the lease agreement, particularly as it pertained to issues of the parking lot and other common areas on the Property. Plaintiff thereafter moved the Court for a preliminary injunction, which was heard on July 26, 2023. The Cou...

Excerpt: ...cuments ("RPODs"), Set One, Nos. 2, 4, 6, 8, 10, 12, 14, 15, 18, 20, 22, 32, 34, 36, and 39, against Defendant under Code of Civil Procedure ("CCP") S 2031.310. The motion is GRANTED. Governing Law Regarding the RPODs, a demand for production may request access to "documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control" of another party. A party to whom a document demand is...

Excerpt: ...or Code violations, and civil penalties thereon(the "Complaint"). This matter is on calendar for the petition (styled as a "motion") by the Defendant to compel arbitration pursuant to Federal Arbitration Act ("FAA"), 9 USC SS 1-15. Defendant's petition to compel arbitration and stay proceedings is DENIED. Facts and Procedure This matter arises out of an employment relationship between the parties. Defendant avers that Plaintiff, as part of his on...

Excerpt: ...cedure ("CCP") S 418.10(a)(1) on the grounds that the Court lacked personal jurisdiction over Laird because the summons and complaint were never properly served. Governing Law The Code of Civil Procedure states that "[a] defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion [tlo quash service of summons on the ground of lack of jur...

Excerpt: ...ount. The motion is DENIED. CCP S 664.6(a) provides: "If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance...

Excerpt: ...d to compel production of documents ("RPODs") from Defendants under CCP SS 708.030 & 2031.300. The unopposed Motion is GRANTED. Defendants shall serve verified code-compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $60 in sanctions to Plaintiff within thirty (30) days of notice of entry of the order on this Motion. Governing Law A judgment creditor generally has the...