Excerpt: ...reement to narrow down the number of disputed Special Interrogatories and Plaintiff's service of supplemental responses), the Court finds no evidence that the parties continued to engage in meet-and-confer discussions in the 2-week period prior to Defendants' filing the instant motion. The Court believes that continued efforts, carried out in good faith, may resolve the remaining issues. Therefore, the matter is continued and counsel are instruct...

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: ...ts are awarded to Plaintiff in the amount of $3,342.37. The Court notes that the cost for the Manheim SDT, which Plaintiff believed he had inadvertently left off the Memorandum of Costs, was actually included at page 2 of 6, item 5(c). The Court also notes that the Plaintiff's opposition to the Defendants' motion to tax and/or strike contains an obvious error in terms of the argument related to the costs at page 12, footnote 5, and the Court choo...

Excerpt: ...ient to constitute causes of action for Recovery of Community Property Interest, Breach of Contract, Declaratory Relief and Unjust Enrichment, and while the allegations are not a model of certainty, they are not fatally uncertain. Defendant's Demurrers No. 7 and 14 are OVERRRULED as they fail to state any statutory grounds for demurrer and to the extent they might be construed to state general demurrers, the Court has already overruled general de...

Excerpt: ...y in Interest is MOOT. The People's request for removal of the Court's order imposing sanctions for failure to appear is DENIED. The Court notes that the People failed to appear for two consecutive proceedings (on 4-8-18 and 5-21-18); the Court's file demonstrates that appropriate notice to appear was served on the People in both instances. Therefore, the People have not established good cause for removal of the sanctions award. ...

Excerpt: ...his responses had already passed. Therefore, Plaintiff shall serve a copy of the Court's May 7, 2018, order on the Defendant at his address of record in this matter. Plaintiff shall inform the Defendant that the Court has ordered him to respond to the discovery and provide him with at least two weeks' window of opportunity to do so. If Defendant fails to respond thereafter, the Plaintiff may renew its motion. ...

Excerpt: ... and the underlying discovery requests are deficient and fail to accurately identify the subject discovery requests in a way that distinguishes them from previous discovery and resultant orders. Moreover, the notice refers to request for production, set one, while the document attached as Exhibit C to counsel's declaration is entitled “Request for Production of Documents, Set Two.” Counsel's meet-and-confer letter, attached to his declaration...

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: ...uant to Code Civ. Proc.§ 877.6, a dismissal with prejudice is entered in favor of SPIRIT HEATING & AIR, INC. as to any Complaints or Cross-Complaints presently on file, or deemed filed, against it. All existing or future claims by any party, joint tortfeasor, or co-obligor against SPIRIT HEATING & AIR, INC. for implied indemnity, equitable indemnity, equitable comparative contribution, partial or comparative indemnity, implied contractual indemn...

Excerpt: ...fforts on the disputed issues in good faith by either party. Moreover, the Court notes that the parties have engaged in settlement discussions which, if continued in good faith, may result in resolution of the matter. Therefore, the matter is continued and counsel are instructed to meet and confer in person or by telephone, particularly with regard to those items of outstanding discovery which may further assist the parties in their attempts to r...

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: ...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: ..., is fair, reasonable and adequate, and satisfies the standards for final approval under California law. (Civil Code §1781; Code Civ. Proc. §382; Cal. Rules of Ct., rule 3.769.) Good cause appearing to the satisfaction of the Court, the proposed settlement and the associated fees and costs are approved as set forth in the motion and supporting papers. In addition, the Court orders that Notice of the Court's Order Granting Final Approval and Jud...

Excerpt: ...minimum, the issues set forth in Defendant's Separate Statement of Undisputed Material Facts 30, 31, 34, 36, and Plaintiff's additional Disputed Material Facts 53, 63, 65, 66, 77, 78, and 79. With regard to the issue of the application of the statute of limitations, the Court finds that Plaintiff has demonstrated the existence of disputed factual issues that are material to the determination of when the attorney-client relationship ended. (See e....

Excerpt: ......

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: ...intiff on 7-13-18, fails to reflect the Defendant's Second Supplemental Responses, served on July 11, 2018, as to the following: Form Interrogatory 15.1, as concerns Defendant's responses to the allegations of the Complaint at paragraphs 7 and 13, and; Form Interrogatory 17.1, as concerns Defendant's responses to Request for Admissions 3 and 4. The Court recognizes that the timing of Defendant's service of her Second Supplemental Responses likely...

Excerpt: ...rtence, surprise, or excusable neglect,” within the meaning of Code Civ. Proc. §473(b). ...

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: ...rtence, surprise, or excusable neglect,” within the meaning of Code Civ. Proc. §473(b). ...

Excerpt: ...intiff on 7-13-18, fails to reflect the Defendant's Second Supplemental Responses, served on July 11, 2018, as to the following: Form Interrogatory 15.1, as concerns Defendant's responses to the allegations of the Complaint at paragraphs 7 and 13, and; Form Interrogatory 17.1, as concerns Defendant's responses to Request for Admissions 3 and 4. The Court recognizes that the timing of Defendant's service of her Second Supplemental Responses likely...

Excerpt: ...minimum, the issues set forth in Defendant's Separate Statement of Undisputed Material Facts 30, 31, 34, 36, and Plaintiff's additional Disputed Material Facts 53, 63, 65, 66, 77, 78, and 79. With regard to the issue of the application of the statute of limitations, the Court finds that Plaintiff has demonstrated the existence of disputed factual issues that are material to the determination of when the attorney-client relationship ended. (See e....

Excerpt: ......

Excerpt: ..., is fair, reasonable and adequate, and satisfies the standards for final approval under California law. (Civil Code §1781; Code Civ. Proc. §382; Cal. Rules of Ct., rule 3.769.) Good cause appearing to the satisfaction of the Court, the proposed settlement and the associated fees and costs are approved as set forth in the motion and supporting papers. In addition, the Court orders that Notice of the Court's Order Granting Final Approval and Jud...

Excerpt: ...004) 32 Cal.4 th. 771, 790; Country Villa Claremont Healthcare Center v. Superior Court (2004) 120 Cal.App.4 th 426, 433-434.) ...

Excerpt: ...ANTED, and the matters contained in Request for Admissions, Set One, are deemed admitted. The Court finds that Plaintiff is entitled to an award of monetary sanctions for Defendant's failure to respond to the above-described discovery requests. (Code Civ. Proc. §§2023.010 et seq.; 2033.280(c); Cal. Rules of Ct., rule 3.1348(a).) Plaintiff's motion for monetary sanctions is GRANTED in the amount of $260, to be paid to Plaintiff's counsel within ...

Excerpt: ...he undertaking requirement is waived as to Plaintiff and to require Defendant(s) to file an undertaking in the amount of $31,516.53 as a redelivery bond. (Code Civ. Proc. §§515.010(b), 515.020.) Subject to those terms, the Court is inclined to order that the writ shall issue and Defendant NBS Auto of California shall be directed to transfer possession of the subject property to Plaintiff; failure to do so may subject said Defendant to being hel...

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: ...ly construed so that parties may ascertain the strength of their case and truth may be determined at trial. (Williams v. Superior Court (2017) 3 Cal.5 th 531, 538.) Nevertheless, the Court recognizes that discovery of employee contact information serves a different purpose in the context of an individual discrimination case, as here, than in cases involving class action or PAGA claims, where “sweeping disclosures” have generally been approved...

Excerpt: ...is GRANTED, and the matters contained in Request for Admissions, Set One, are deemed admitted. The Court finds that Plaintiff is entitled to an award of monetary sanctions for Defendant's failure to respond to the above-described discovery requests. (Code Civ. Proc. §§2023.010 et seq.; 2033.280(c); Cal. Rules of Ct., rule 3.1348(a).) Plaintiff's motion for monetary sanctions is GRANTED in the amount of $260, to be paid to Plaintiff's counsel wi...

Excerpt: ...JULIA SINGHMEDINA is ordered to appear on July 20, 2018 at 8:30 a.m. at the Stanislaus County Law Library, 1101 13 th Street, Modesto, California. (Code Civ. Proc. §2025.450(a).) The Court further finds that Cross-Complainants are entitled to an award of monetary sanctions pursuant to Code Civ. Proc. §§2025.450(g)(1) and 2023.010 et seq. in the amount of $2,305.00 against Cross-Defendant JULIA SINGHMEDINA, to be paid to Cross-Complainants' cou...

Excerpt: ...scovery and settlement negotiations more efficient and effective. Therefore, the motion to consolidate is GRANTED and the controlling case number will be 2024005. All further papers/pleadings shall be filed under the controlling case number. The Case Management Conference will remain on calendar for the consolidated actions on August 6, 2018 at 9:00 a.m. in Department 23. ...

Excerpt: ...s before the continued hearing date. The Joint Status Statement should explain the parties' further efforts to meet and confer in good faith. If necessary, Plaintiff shall also provide an amended Separate Statement of Disputed Discovery identifying only those responses remaining in dispute. ...

Excerpt: ...The Court further finds that Plaintiffs' theory of alter ego liability was common to all causes of action alleged against the moving defendants, such that defense counsel's work need not be apportioned in this instance. (Reynolds Metals Co. v Alperson, supra, at 129-130.) Having reviewed the declarations and evidence submitted with the moving papers, the Court finds that the evidence supports the lodestar amount for each biller as reflected in th...

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: ...s void. The Court declines to award monetary sanctions to either party. ...

Excerpt: ...ties' arbitration agreement, as set forth in “Section 21. DISPUTES” of the Partnership Agreement clearly provides for “final and binding arbitration” of “all disputes concerning the interpretation or enforcement of rights and duties under this Agreement.” Despite having agreed to mediate the parties' dispute pursuant to Section 21() and having agreed to arbitrate certain of the causes of action contained in the complaint, Plaintiff st...

Excerpt: ...e submitted with Defendants' Requests for Judicial Notice, the Court finds that the Complaint fails to state facts sufficient to state the subject causes of action against the moving Defendants. (Code Civ. Proc. §438.) As Plaintiffs' opposition appears to suggest the existence of additional facts which may support certain of the subject causes of action, Plaintiffs are granted 20 days' leave to file an amended pleading ...

Excerpt: ... of action herein. (Saks v Damon Raike & Co. (1992) 7 Cal.App.4 th 419, 427.) Further, the Court notes that the evidence submitted in connection with Defendants' Request for Judicial Notice discloses the existence of a co-obligor on the subject mortgage loan. This evidence raises a significant issue with regard to whether the action could proceed, assuming Plaintiff's ability to establish proper standing, without joinder of the co-obligor as an i...

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: ...de upon the exercise of the Court's discretion, the Court notes the following: The sales price from the property is $856,000. From that amount, the property closing costs of $83,754.02 and the additional referee fees of $1,525.00 shall be deducted. The resulting sum of $770,720.98 is divided by 3 interests, one for each of the sisters. Nancy is entitled to one share at $256,906.99. Marsha, because of her arrangement with her other sister, is enti...

Excerpt: ......

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: ...ation of Case No. 2019417. (Code Civ. Proc. §597.) The Court notes, however, that the Amended Complaint in the instant action names an additional defendant, Independent Note & Contract Services, LLC, which is not a party to the earlier action; the Court has no authority to order that the instant action abate as to said defendant. (See Wulfjen v. Dolton(1944) 24 Cal.2d 891.) ...

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

Excerpt: ...g defendants “stood in the shoes” of PVC as its successors-in interest, and if Plaintiffs had prevailed on such causes they would have been entitled to seek attorney's fees from Defendants herein under the contractual provisions. (Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d 124, 128.) However, the Court finds that the moving defendants have not provided sufficient information for the Court to calculate the lodestar figure, which is funda...

Excerpt: ...en on the “eve of trial”, leave to file compulsory cross-complaint mandatory absent bad faith). There is no bad faith alleged (let alone proved) here, so Defendant's motion is granted. Defendant shall file his cross-complaint on or before July 17, 2019. ...

Excerpt: ...ant is required to respond to all outstanding discovery within 14 days of service of notice of this order. If Defendant has questions regarding the discovery, an attorney or other legal professional should be consulted immediately. Defendant's continued failure to respond to the subject discovery may result in the Court striking Defendant's Answer and entering judgment by default, which is the equivalent of finding in favor of Plaintiff on the cl...

Excerpt: ...o promote judicial efficiency or avoid jury confusion. Where liability is disputed, there is much greater reason to bifurcate the phases of the trial. A jury in this case would be presented with evidence by plaintiffs relating to the dynamics of the collision, their injuries and other elements of damages, as is necessary to prove their case. Any singular issues could be addressed in motions in limine. Bifurcation is not useful or appropriate here...

Excerpt: ...ys of the hearing of this matter. The Court further orders that the hearing date on the Court's Motion to Dismiss is continued, on the Court's own motion, to August 22, 2018 at 8:30 a.m. in Department 23. ...

Excerpt: ...additional documents were produced by Defendant after the instant motion was filed. Under the circumstances, it appears to the Court that, with additional time and effort, the disputed issues may be resolved by mutual good faith. Therefore, the matter is continued and the parties are instructed to file a Joint Status Statement no later than 5 court days before the continued hearing date. The Joint Status Statement should explain the parties' furt...

Excerpt: ... action has the power to bring before it all necessary parties, to litigate all issues, and to grant all relief to which any parties might be entitled. (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 786- 788.) Therefore, an interlocutory judgment shall be entered in favor of Defendant WIS International herein to the effect that no trial of other issues shall be had until final determination of Case No. RIC 1801185. (Code Civ...

Excerpt: ... action has the power to bring before it all necessary parties, to litigate all issues, and to grant all relief to which any parties might be entitled. (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 786- 788.) Therefore, an interlocutory judgment shall be entered in favor of Defendant WIS International herein to the effect that no trial of other issues shall be had until final determination of Case No. RIC 1801185. (Code Civ...

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...