Excerpt: ...ms related to the buyers' purchase of the property, including those against the broker; (2) all claims related to the deposits/holdbacks that were part of the purchase of the property; and (3) all claims related to the purchase contract and SIP (“Seller License to Remain in Possession Addendum”) between the Trust and the buyers pursuant to the Court‐approved settlement agreement. Motion, page 12, lines 6 – 9. Plaintiff argues that the Com...

Excerpt: ...arty, the court may grant leave to complete discovery closer to the initial trial date or to reopen discovery after a new trial date has been set. The date initially set for trial was October 4, 2022, so discovery originally closed on September 4, 2022, and the last day to hear a discovery motion was September 19, 2022. However, plaintiff filed an ex parte application to continue the trial date and “related dates thereto”. In the ex parte app...

Excerpt: ...September 9, 2022 minute order requiring Plaintiff to retain a lawyer and file a First Amended Complaint by November 7, 2022, in the absence of which Plaintiff was required to provide a declaration under penalty of perjury explaining the basis of said failure. Plaintiff has failed to retain a lawyer, failed to file a First Amended Complaint and failed to provide an explanatory declaration. Accordingly, Defendants' Motion to Dismiss is hereby GRAN...

Excerpt: ...o be premature for failure to participate in mediation and for failure to demonstrate good faith participation in the arbitration ordered by the Court in its minute order of January 3, 2022. (Weiler v. Marcus & Millichap Real Estate Investment Services, Inc (2018) 22 Cal. App. 5th 970, 981.) Should Plaintiff subsequently elect to refile the instant application, the Court will require Plaintiff to demonstrate the inability of Plaintiff's estate to...

Excerpt: ...e service payment of $10,000.00. The average payment to participating class members is estimated to be $4,603.25, with the highest payment being $9,830.46. The attorney's fees of $166,666.67 are reasonable. This represents one third of the gross settlement amount, which is a standard benchmark in California for class action settlements. Chavez v. Netflix, Inc. (2008) 162 Cal. App. 4th 43, 66, fn. 11. One‐third of the total settlement amount is ...

Excerpt: ...iew of Estrada, supra, in June 2022, explicitly allowing the opinion to continue to be cited both for persuasive value and for the limited purposed of establishing the existence of a conflict in authority which supports the exercise of the trial courts' discretion under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456 to choose between sides of such a conflict. (See Standing Order Exercising Authority Under California Rules of ...

Excerpt: ... considered sanctioning Plaintiff's counsel for its efforts to put before this court the unpublished rulings from other trial courts in clear violation of Rule of Court 8.1115. The Court has an affirmative obligation to deter rules violations and will be dismayed if this effort to do so is unheeded. (See TBG Ins. Service Corp. v. Superior Court (2002) 96 Cal.App.4th 443, 447, fn2.) The Court has authority to determine arbitrability. (Sargon Enter...

Excerpt: ...o not apply to page length restrictions, that pages 5‐21 are a one‐page overage. In fact, they are a two‐page overage, as 17 pages is two pages more than 15 pages. I note that simply subtracting the page numbers – like subtracting days or other countable numbers – gives an answer that is one off. I intend the sanction as educational. I would surely have granted additional pages had I been asked to do so. Flouting the Rules of Court is n...

Excerpt: ...al facts are in dispute. The fact that World International is no longer represented by counsel is not a reason for the Court to delay in making its ruling, because the Court has given World International sufficient warning and time to obtain new counsel and/or to request a continuance of the hearing. On October 6, 2022, the Court granted defendant World International's counsel's Motion to be Relieved as Counsel. Carmen Millan, an accountant for W...

Excerpt: ...the Court granted Plaintiff's Motion to Deem Requests for Admission Admitted as to Angels Crossing. As a result of the Court's ruling Angels Crossing is deemed to have admitted that as the owner of the subject properties it is obligated to pay the special taxes, that it has not paid any of the special taxes, that the special taxes for tax years 2018/2019 and 2019/2020 have not been paid, and that the special taxes are delinquent. There are no Iss...

Excerpt: ...d severally. The fact that World International is no longer represented by counsel is not a reason to cause the Court to delay in making its ruling, because the Court has given World International sufficient warning and time to obtain new counsel and/or to request a continuance of the hearing. On October 6, 2022, the Court granted defendant World International's counsel's Motion to be Relieved as Counsel. Carmen Millan, an accountant for World In...

Excerpt: ... a material factual dispute preventing judgment thereon. Plaintiff has failed to carry this burden. Specifically, Plaintiff has failed to demonstrate that the additional insured endorsement for completed operations coverage in the 2010‐2012 policies covered Plaintiff's insured, since the definition of an additional insured under that endorsement and the related schedule requires reference to the terms of the subcontract between the parties' ins...

Excerpt: ... Southwest made a global settlement proposal on March 8, 2021. Cohen Declaration, Exhibit A, pages 7 and 22. In an e‐mail dated March 9, 2021, Alamo and APMI agreed to the amounts, and proposed that there be a time limit to receive the settlement checks and an enforcement mechanism under CCP Section 664.6. Id. at page 19. Southwest agreed to this in an e‐mail of March 9, 2021, but then stated that Mr. Goldstein had to confirm his clients' (Dr...

Excerpt: ... Defendant Lodi Memorial Hospital Association Inc dba Adventist Health Lodi Memorials' Motion to Strike Portions of the Complaint – MOOT. a) The Court finds the allegations of the First Cause of Action for Elder Abuse are insufficient at the pleading stage to state the challenged cause of action. In addition, the First Cause of Action for Elder Abuse is uncertain in that the Complaint does not distinguish between the two named defendants with r...

Excerpt: ...properly propounded Form Interrogatories, Set One and Requests for Production of Documents Set One constitutes misuse of the discovery process and warrants discovery sanctions. (Miranda v. 21st Century Ins. Co. (2004), 117 Cal.App.4th 913). The Court also finds, considering the length of time over which Defendant has willfully failed to comply with the Court's order (5 months), that lesser sanctions would be ineffective. (Department of Forestry &...

Excerpt: ...) The liability of a public entity established by this part (commencing with Section 814) is subject to any immunity of the public entity provided by statute, including this part, and is subject to any defenses that would be available to the public entity if it were a private person. Government entity liability for premises liability and the dangerous condition of public property is governed by Government Code Section 835, which provides as follo...

Excerpt: ... submit admissible evidence demonstrating the existence of a material factual dispute preventing judgment thereon. Cross‐Complainant has failed to carry this burden. Specifically, the undisputed evidence demonstrates that Cross‐Defendants complied with the requirements of the parties' agreement with regard to the provision of general liability insurance covering Cross‐Complainant as an additional insured. Therefore, Cross‐Complainant cann...

Excerpt: ...sition Testimony and Request for Sanctions – DENIED, without prejudice; d) Cross‐Defendants Staffing Solutions, Inc. and Balance Staffing Workforce LLC's Motion to Compel Attendance of Deposition and Testimony of Gailann Stargardter – DENIED. (a) The motion demonstrates insufficient efforts to meet and confer with opposing counsel in good faith toward an informal resolution of the stated issues. (Code Civ. Proc. §2025.420(a).) Discovery is...

Excerpt: ...errupted possession, hostile to the true owner and under a claim of title for 5 years. (Sevier v. Locher (1990) 222 Cal App. 3d 1082 citing Gilardi v. Hallam (1981) 30 Cal. 3d 317, 321). The Court further finds that the defects in Plaintiff's pleadings are incurable at present as Plaintiff is no longer in possession of the subject property and the delinquent property taxes have been paid by Defendant. Defendant's demurrer is hereby accordingly su...

Excerpt: ...urt explicitly finds that Plaintiff Harpreet Dhaliwal's opposition to this motion to compel was unjustified. As evidenced by Plaintiff's provision of further responses to the requests for production on October 12, 2022, it is clear that Plaintiff's original responses were inadequate and not code‐ compliant. While the Court appreciates Plaintiff's willingness to admit as much and provide supplemental responses, where a motion to compel is necess...

Excerpt: ...five years of the seizure of the property. On October 19, 2021, the Court granted the People's discovery motions, including the Motion to Deem Requests for Admission admitted. Motion, Exhibit B. Pursuant to this Order, Mr. Cruz has admitted that the money at issue was furnished or intended to be furnished by a person in exchange for a controlled substance within five years of the date of its seizure, that the money is proceeds traceable to an exc...

Excerpt: ...ourt's jurisdiction with regard to party applications for reconsideration or renewal. (Code Civ. Proc., § 1008(c).) Second, the Court's inherent power to reconsider its own rulings and decisions sua sponte does not survive entry of judgment and finality. (APRI Ins. Co. v. Superior Court (1999) 76 Cal.App.4th 176, 181 [court loses jurisdiction to rule on a pending motion for reconsideration after entry of judgment and it is immaterial that the mo...

Excerpt: ...es a non‐ parent. …a trial court has the responsibility to protect the rights of a minor who is a litigant in court, and in this role the court has the inherent authority to make decisions in the best interests of the child, even if the parent objects. This judicial protection of minors encompasses a court's authority to select a guardian ad litem who is not the parent or general guardian. Williams v. Superior Ct. (2007) 147 Cal. App. 4th 36,...

Excerpt: ... contain new or different facts which could not with reasonable diligence have been presented at the trial of the action. The moving party must provide a satisfactory explanation for the failure to produce the evidence at an earlier time. CCP Section 1008; Shiffer v. CVS Corp. (2015) 240 Cal. App. 4th 246, 255. Mr. Orozco states that the new evidence and facts include 15 confirmed documented instances of false and contradictory trial testimony, n...

Excerpt: ...g proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. The Motion was not timely filed by Project‐Mate, Inc. On September 13, 2021, Project‐Mate, Inc. filed a Request for Dismissal of the Cross‐Complaint it had filed on March 10, 2021. Even if Project‐Mate, Inc. could show tha...