Excerpt: ...iled to meet its burden of submitting admissible evidence to this Court to establish its prima facie entitlement to judgment as a matter of law. As pointed out in the opposition, Defendant is required to submit admissible evidence to support its purportedly undisputed facts. Here, Defendant fails to do so, and therefore the burden of producing any evidence to show that there are disputes of material fact was never passed to Plaintiff. Even if the...

Excerpt: ...laintiff's Motion to Compel Further Responses to Discovery Propounded on Defendants – Given the Court's ruling on the Defendants' Motion for Judgment on the Pleadings and the fact that the discovery at issue in this motion relates almost entirely to the current Fourth Cause of Action in Plaintiff's First Amended Complaint, it seems appropriate to wait to resolve the issues related to the discovery until the Fourth Cause of Action is sufficientl...

Excerpt: ...laintiff's Motion to Compel Further Responses to Discovery Propounded on Defendants – Given the Court's ruling on the Defendants' Motion for Judgment on the Pleadings and the fact that the discovery at issue in this motion relates almost entirely to the current Fourth Cause of Action in Plaintiff's First Amended Complaint, it seems appropriate to wait to resolve the issues related to the discovery until the Fourth Cause of Action is sufficientl...

Excerpt: ...int adequately alleges four causes of action for professional negligence, breach of fiduciary duty, fraud and breach of contract. Further, the Defendant and Cross-Complainant's amendment of the cross- complaint to allege “delayed discovery” was entirely appropriate and does not constitute a “sham pleading” nor “bad faith” filing. Liberally construed and assuming the truth of the matters alleged therein, the causes of action are suffic...

Excerpt: ...y, has failed to demonstrate adequate efforts to meet and confer as required by Code Civ. Proc. §430.41. Moreover, the Court's review of the papers suggests that the potential exists for the parties to narrow the issues raised herein with additional time and effort expended in good faith. Accordingly, the hearing is continued on that basis. Defendant's counsel shall file a supplemental declaration describing such efforts and the issues remaining...

Excerpt: ...2014) 223 Cal.App.4 th 762, 777- 778; Allen-Pacific Ltd. V. Superior Court (Chan) 57 Cal.App.4 th 1546, 1551, disapproved on unrelated grounds by Wilcox v. Birtwhistle (1999) 21 Cal.4 th973.) Therefore, the motion is GRANTED, and the matters contained in Request for Admissions, Set One, are admitted. Plaintiff is awarded monetary sanctions against Defendant in the amount of $310, to be paid to Plaintiff's counsel. ...

Excerpt: ...berg) (2014) 223 Cal.App.4 th 762, 777-778.) Therefore, the motion is GRANTED, and the matters contained in Request for Admissions, Set One, are deemed admitted. Defendant is awarded monetary sanctions against Plaintiff in the amount of $235, to be paid to Defendant's counsel. ...

Excerpt: ...p with the other defendants.” (Emphasis the Court's.) For reasons that are not pertinent here, the Court continued the Plaintiffs' motion for leave to file an amendment, but did note in its Order from the January 3, 2018, hearing that Plaintiffs were authorized to conduct “discovery related to the subject matter of the proposed Amendment to the First Amended Complaint” if leave to amend was ultimately granted. On April 18, 2018, the Court c...

Excerpt: ...ndant shall provide the Plaintiff with a courtesy copy of the Requests for Production of Documents (Set Number One) along with a copy of the Court's Minute Order requiring her responses not later than August 3, 2018, and provide the Court with proof of service of same by mail to Plaintiff's address as set forth in the Court's file. The Defendant's request for an award of sanctions is DENIED at this time as Plaintiff did not oppose the motion to c...

Excerpt: ...urt has not received another request for entry of default. Plaintiff shall request entry of default as soon as possible so that the matter will be at issue as of the date of the continued hearing on the motion for discharge. ...

Excerpt: ...following findings: 1. Under the Preliminary Approval Order, the Notice of Class Action Settlement (hereinafter referred to as the "Notice") was mailed to all members of the Class by first-class U.S. mail. The Notice informed the Class of the terms of the Settlement, of their right to receive their proportional Settlement Payment, of their right to request exclusion from the Class and the Settlement, of their right to comment upon or obje...

Excerpt: ...son entitled to make a claim as to the property – but does not discuss the disposition of Ms. Rios's estate and the possibility of other heirs, etc. This uncertainty was the exact reason the trustee determined a need to deposit these surplus funds with the Court in the first place. For the Court to issue an Order granting Mr. Rios's claim, he must first prove that he is who he says he is – counsel's inarticulate verification of that fact is i...

Excerpt: ...tion is five calendar days. Here the motion was allegedly served on Mr. Zepeda by mail at his last known address on June 28, 2018. For a hearing date of July 17, 2018, service by mail should have been accomplished not later than June 20, 2018. ...

Excerpt: ...o other special defense is sustained) an interlocutory judgment shall be entered in favor of the defendant pleading the same to the effect that no trial of other issues shall be had until the final determination of that other action.” Defendant shall prepare the interlocutory judgment for the Court's signature. The Court notes that the Declaration of Mr. Jorge Coss is not present in the Court's file and therefore the Defendant's request that it...

Excerpt: ... Cal.App. 4 th 615, at page 625: “The rights and duties of the parties spring from the lease. So, too, liabilities arising from breach of the lease are creatures of the agreement. There is no reason to impose extra-contractual liability for breach, simply because the breaching party is a governmental entity. To say that a breach of contract or lease implicates the Fifth Amendment … or article I, section 19 of the California Constitution, stre...

Excerpt: ... in this context. 2. The request is denied as premature. The Fifth Amendment cannot be invoked by a non-party deponent as blanket protection against discovery in a civil proceeding. The affected deponent must claim the privilege with specific reference to particular questions or documents requested, at which time the trial court is required to undertake a particularized inquiry. The burden rests on the witness claiming the privilege to demonstrat...

Excerpt: ...ed, Set One and Request for Monetary Sanctions ($360) – Plaintiff's Motions to Compel Discovery Responses and Deem Admissions Admitted are GRANTED in part and DENIED in part, as follows: a) Plaintiff's Motion to Compel Responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Supplemental Interrogatories, Set One, and Request for Monetary Sanctions is GRANTED in Part and DENIED in part as follows. Although in his “Oppo...

Excerpt: ... July 19, 2018 hearing. ...

Excerpt: ... the motion as being served, and only on the Plaintiff. ...

Excerpt: ... Act's requirements does not constitute excusable neglect. Instead, a claimant asserting that their failure was a result of excusable neglect bears the burden of affirmatively demonstrating that the claimant's failure to timely present a claim was “objectively reasonable and occurred despite reasonable diligence on the claimant's part.” Petitioner fails to bear that burden here. Her failure to even consult an attorney until eleven (11) months...

Excerpt: ...bmits a judgment dated March 3, 2008, as the basis for its claim. However, that judgment has expired, pursuant to Code of Civil Procedure section 683.020, and therefore, it cannot be enforced. Both Claimants may file supplemental pleadings addressing these issues not later than July 13, 2018. ...

Excerpt: ...lacks standing to appear. In addition, the opposition brief submitted on behalf of Mr. Epps was untimely. (Code Civ. Proc. §1005(b).) ...

Excerpt: ...e SUSTAINED, without leave to amend, for failure to state facts sufficient to constitute a cause of action. Therefore, the Court is sustaining Defendant Kuhn's Demurrers No. 1, 2, and 4. Defendant's other demurrers are therefore MOOT. Plaintiff has been granted several opportunities to state a cause of action against Defendant Kuhn under any theory and has failed to do so. The facts here are not in dispute – and of course the Court assumes them...

Excerpt: ...s) and that was entered into by and between an Association (defined as “a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development as defined in Civil Code section 4080) and any Developer(s) involved in the development and/or construction of the common interest development managed by the Association. Further, only settlement agreements meeting this definition and dated after 1/1/09 ar...

Excerpt: ...oes not factually dispute the first issue addressed in Defendant's motion – which the Court may therefore address as a matter of law. However, the Court remains of the opinion that “trail immunity” as set forth in Government Code section 831.4 does not apply to the dangerous condition Plaintiff alleges here – which is the “washout hole” in the lawn near the sidewalk. As in Toeppe v. City of San Diego (2017) 13 Cal.App.5th 921, the Cou...