Excerpt: ...tice of termination of the agreement. Moreover, even if the Court were to find Plaintiff's evidence sufficient on the above issues, Defendant has submitted controverting evidence and additional facts which demonstrate the existence of disputed material issues, including but not limited to the nature of the consideration for the parties' agreement (see Plaintiff's Fact 14 and Defendant's Additional Facts 20, 21, 25, and 26); the question of whethe...

Excerpt: ...tice of termination of the agreement. Moreover, even if the Court were to find Plaintiff's evidence sufficient on the above issues, Defendant has submitted controverting evidence and additional facts which demonstrate the existence of disputed material issues, including but not limited to the nature of the consideration for the parties' agreement (see Plaintiff's Fact 14 and Defendant's Additional Facts 20, 21, 25, and 26); the question of whethe...

Excerpt: ...regard to Requests for Admissions, Set One, the Court finds that Plaintiffs' responses to #3 and 24 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to Form Interrogatories, Set One, the Court finds that Plaintiffs' responses to #8.7, 8.8, 9.1 and 9.2 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to #12.1-12.6, 13.1 and 13.2, the C...

Excerpt: ...regard to Requests for Admissions, Set One, the Court finds that Plaintiffs' responses to #3 and 24 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to Form Interrogatories, Set One, the Court finds that Plaintiffs' responses to #8.7, 8.8, 9.1 and 9.2 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to #12.1-12.6, 13.1 and 13.2, the C...

Excerpt: ...tice of termination of the agreement. Moreover, even if the Court were to find Plaintiff's evidence sufficient on the above issues, Defendant has submitted controverting evidence and additional facts which demonstrate the existence of disputed material issues, including but not limited to the nature of the consideration for the parties' agreement (see Plaintiff's Fact 14 and Defendant's Additional Facts 20, 21, 25, and 26); the question of whethe...

Excerpt: ... including the declaration of Will Harris and the exhibits thereto, the Court finds that no material disputes of fact exist with regard to Plaintiff's entitlement to judgment on the sole cause of action for breach of contract herein. Specifically, the Court finds that there is no evidence of a valid amendment or extension of the fixed lease term as provided in the governing lease agreement. Therefore, Defendant is liable, as the guarantor on the ...

Excerpt: ...garding the lodestar fees calculation, the Court finds on the basis of Counsel's declarations and supporting exhibits, including time records, that the majority of the hours claimed were reasonably incurred and substantially contributed to the ultimate successful result. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132; Horsford v. Board of Trustees of Calif. State University (2005) 132 Cal.App.4th 359, 394.) However, the Court declines to award th...

Excerpt: ...garding the lodestar fees calculation, the Court finds on the basis of Counsel's declarations and supporting exhibits, including time records, that the majority of the hours claimed were reasonably incurred and substantially contributed to the ultimate successful result. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132; Horsford v. Board of Trustees of Calif. State University (2005) 132 Cal.App.4th 359, 394.) However, the Court declines to award th...

Excerpt: ... including the declaration of Will Harris and the exhibits thereto, the Court finds that no material disputes of fact exist with regard to Plaintiff's entitlement to judgment on the sole cause of action for breach of contract herein. Specifically, the Court finds that there is no evidence of a valid amendment or extension of the fixed lease term as provided in the governing lease agreement. Therefore, Defendant is liable, as the guarantor on the ...

Excerpt: ...in Civ. Code §47(b)(1) does not apply, as the subject “allegation or averment” concerning BEST was made by an officer of the court under penalty of perjury and appeared on its face to be relevant and material to the issues in the matter wherein it was made. Therefore, the First Amended Complaint fails to state facts sufficient to constitute the subject causes of action. (Code Civ. Proc. §430.10(e).) Due to the application of the privilege, ...

Excerpt: ...ounts, and/or reasonableness of such costs, thereby shifting the burden to Defendant to show that the items charged were for matters necessarily relevant and material to the issues involved in the action. (Nelson v. Anderson (1999) 72 Cal.App.4 th111, 131; Oak Grove School Dist. V. City Title Ins. Co. (1963) 217 Cal.App.2d 678, 698.) The Court further finds that Defendant has offered adequate substantiation as to certain of the challenged costs b...

Excerpt: ..., and plaintiffs did not need to meet and confer about the responses before filing this motion. (Cf. Code Civ. Proc., § 2031.300[no meet and confer needed if no response] with Code Civ. Proc., § 2031.310, subd. (b)(2) [meet and confer declaration required for motion to compel further responses to discovery].) Because defendant is obligated to provide responses that are as “as complete and straightforward as the information reasonably availabl...

Excerpt: ...Where the conditions of compensation set forth in Section 3600 concur, the right to recover such compensation, pursuant to the provisions of this division is, except as specifically provided in this section, the exclusive remedy for injury or death of an employee against any other employee of the employer acting within the scope of his or her employment. . .”].) Here, plaintiff argues Labor Code section 3601 cannot bar his claim for negligence ...

Excerpt: ...Where the conditions of compensation set forth in Section 3600 concur, the right to recover such compensation, pursuant to the provisions of this division is, except as specifically provided in this section, the exclusive remedy for injury or death of an employee against any other employee of the employer acting within the scope of his or her employment. . .”].) Here, plaintiff argues Labor Code section 3601 cannot bar his claim for negligence ...

Excerpt: ...have demonstrated material disputes of fact concerning, at a minimum, the issues set forth in Defendant's Separate Statement of Undisputed Material Facts 13-16, 19, 29-30, 36-40 and Plaintiffs' Additional Material Facts 16(a)-(y) and 19(a)-(t). The parties' objections to the expert declarations of Richard Haygood and Dale Dunlap are OVERRULED. ...

Excerpt: ...laintiff has established the probable validity of the claim and is entitled to the relief requested. Therefore, the Court is inclined to order that default judgment be entered and the writ of possession issued as requested in the moving papers. The above information is provided as a general description of the Court's view of the matter based on the papers submitted. However, the law requires a hearing on the application before the writ can be iss...

Excerpt: ... for the purpose of establishing an official record or evidentiary fact by law, such as the court records and documents evincing title. (Code Civ. Proc. § 430.70; Cal. Rules of Ct., rule 3.1113(l); Ross v. Creel Printing & Publishing Co., Inc. (2002) 100 Cal.App.4th 736, 743; Day v. Sharp (1975) 50 Cal.App.3d 904, 914.) Regarding the first cause of action, for violation of Civil Code section 2937, the Court's judicial notice of the existence of ...

Excerpt: ...ary injunction at this time. Therefore, the preliminary injunction shall issue, enjoining the Defendant Gina Bosio from the actions enumerated in the notice of the instant motion. The injunction shall remain in effect until final resolution of this action. Further, the issuance of the preliminary injunction is conditioned upon the Plaintiff's filing of an undertaking in the amount of $2,500 and filing proof thereof, in order to protect Defendant ...

Excerpt: ... for the purpose of establishing an official record or evidentiary fact by law, such as the court records and documents evincing title. (Code Civ. Proc. § 430.70; Cal. Rules of Ct., rule 3.1113(l); Ross v. Creel Printing & Publishing Co., Inc. (2002) 100 Cal.App.4th 736, 743; Day v. Sharp (1975) 50 Cal.App.3d 904, 914.) Regarding the first cause of action, for violation of Civil Code section 2937, the Court's judicial notice of the existence of ...

Excerpt: ... were for matters necessary relevant and material to the issues involved in the action. (Nelson v. Anderson (1999) 72 Cal.App.4 th 111, 131; Oak Grove School Dist. v. City Title Ins. Co.(1963) 217 Cal.App.2d 678, 698.) The Court acts within its discretion in determining whether costs are excessive and should be reduced. (Levy v. Toyota Motor Sales, U.S.A., Inc. (1992) 4 Cal.App.4 th 807, 816-817.) Therefore, after considering the arguments and ev...

Excerpt: ...59(h); se e.g. Maldonado v. Superior Court (2002) 94 Cal.App.4 th 1390, 1398.) As no subpoena was issued, the Court is without the ability to compel his attendance in this instance. Moreover, the court notes that the parties are continuing to meet and confer with regard to Mr. Hampton's deposition and believes it is likely that the issues herein will be resolved through additional good faith efforts on the part of counsel. Lastly, the Court notes...

Excerpt: ...iv. Proc. §2033.280(c); St. Mary's v. Superior Court (Schellenberg) (2014) 223 Cal.App.4 th 762, 777-778.). Therefore, the matters contained in Request for Admissions, Set One, are deemed admitted. Further, the Court finds that Plaintiff is entitled to an award of monetary sanctions in the amount of $220 against Defendant, to be paid to Plaintiff's counsel within 30 days. (Code Civ. Proc. §§2023.010 et seq.; 2033.280(c); Cal. Rules of Ct., rul...

Excerpt: ...ore, future failures to oppose dispositive motions could result in Plaintiff losing the right to amend her pleading to attempt to allege additional facts to support her stated causes of action. ...

Excerpt: ...l.App.4 th 762, 777-778.). Therefore, the matters contained in Request for Admissions, Set One, are deemed admitted. b) Plaintiff's Motion for Evidence and Issue Discovery Sanctions – GRANTED, and unopposed. The Court finds that Defendant Roberto Chavez Alvarez has failed to comply with the Court's order dated 3-4-19 compelling discovery responses. Defendant's failure, coupled with the lack of any opposition to the instant motion, leads the Cou...

Excerpt: ...ause they lack standing, the Court should grant leave to amend the complaint to redefine the class or add a new class representative. (In re Tobacco II Cases (2009) 46 Cal.4th 298, 328). Accordingly, the Court deems filed the First Amended Complaint (1) alleging a PAGA claim; (2) naming Robert Moyes as PAGA representative; (3) re-defining the class to include PAGA employees; and (4) adding a cause of action for declaratory relief from settlement ...