Excerpt: ...th the Court's Minute Order of December 19, 2019, which did not confirm the tentative ruling but instead set the matter for contested long-cause hearing which has yet to occur. Consequently, moving party's motion to compel response to the subject discovery is hereby GRANTED. Opposing party shall serve complete, verified responses without objection within fifteen (15) days of this Order. That said, moving party does not dispute that the opposing p...

Excerpt: ...the causes of action set forth in Plaintiff's Complaint by producing evidence of each element of the respective causes of action asserted therein. (Code Civ. Proc. §437c(p)(1).) Therefore, Plaintiff is entitled to judgment as a matter of law. The Court notes that Plaintiff submitted a proposed order which includes a provision for awarding costs. However, no Memorandum of Costs or other description of the claimed costs has been filed to date. Mor...

Excerpt: ... duplication and unnecessary costs and to make discovery settlement negotiations more efficient and effective. The motion to consolidate is GRANTED and the controlling case number will be #2016283. All further papers/pleadings shall be filed under the controlling case number. Parenthetically, the Court requests counsel appear, at least, via CourtCall to address a scheduling issue which is likely to impact the looming trial. ...

Excerpt: ...present hearing. The Court considers that rejection on this purely procedural basis would be a substantial waste of judicial resources. Even worse, denial for this reason would simply result in additional subpoenas for the identical records being directed to the actual custodians, the most important of whom are in fact under the auspices of Defendant County, whose counsel would then interpose the exact evidentiary privilege raised in this proceed...

Excerpt: ...of material fact regrading whether Robert intended for his son, Joe, to receive trust distributions without the consent of the independent trustee.All evidentiary objections by either party are overruled, either on the merits or because they do not pertain to evidence that was essential to the court's analysis of MID's MSJ/MSA. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532 [encouraging parties and trial courts to focus only on “important...

Excerpt: ...of material fact regrading whether Robert intended for his son, Joe, to receive trust distributions without the consent of the independent trustee.All evidentiary objections by either party are overruled, either on the merits or because they do not pertain to evidence that was essential to the court's analysis of MID's MSJ/MSA. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532 [encouraging parties and trial courts to focus only on “important...

Excerpt: ...ed Complaint – DENIED. The Court finds that the prayer for attorney's fees is supported by the statutory provisions governing the First Cause of Action. (Civ. Code §56.35.) ...

Excerpt: ...ition fees, or $4,328.10 * All of the mediation fees, or $2,925, because these costs do not appear “reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (Code Civ. Proc., § 1033.5, subd.(c)(2).) The court finds Borra's November 7, 2018 offer under section 998 was timely because subdivision (b)(3) of section 998 states: “A trial shall be deemed to actually commence at the beg...

Excerpt: ...l to the determination of the amount to be awarded and therefore mandatory. (Serrano v. Priest (Serrano III) (1977) 20 Cal.3d 25, 48; Press v. Lucky Stores, Inc. (1983) 34 Cal.3d 311, 322-324.) Specifically, the Court finds a substantial discrepancy between the number of hours Plaintiff's counsel claimed in Mr. Romano's correspondence to defense counsel on 12-18-18 and the number of hours counsel now claims for the same time period, based on the ...

Excerpt: ...re, Plaintiff is entitled to an order compelling Defendants to provide answers, without objection, to the subject discovery and to produce the requested documents within 14 days from service of entry of the Court's order. Further, the Court finds that Plaintiff is entitled to an award of monetary sanctions in the amount of $610 against Defendants and their counsel herein, to be paid to Plaintiff's counsel within 14 days. (Code Civ. Proc. §§2030...

Excerpt: ...llful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules.' ” (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 994.) Plaintiff is to appear to update the court on his efforts to comply with his discovery obligations. The court grants the request for judicial notice of the complaint, minute orders dated August 23, 2018 and September 10, 2018, defendan...

Excerpt: ...eaningful interactions as to issues, such as Defendant's claims of privilege as to certain categories of documents, which might narrow the scope of the requested materials. The Court believes that with additional efforts expended in good faith, the potential exists for the parties to narrow or resolve the issues raised herein. Therefore, the matter is continued and counsel are instructed to meet and confer in person or by telephone with regard to...

Excerpt: ...does not permit him to impair or destroy the client's cause of action or defense. (Seacall Develop. Ltd. v. Santa Monica Rent Control Bd. (1999) 73 Cal.App.4 th 201; Orange Empire Nat. Bank, (1968) 259 Cal.App.2d 347.) Defendant shall file her answer within 20 days. ...

Excerpt: ...fically as it concerned the discovery of electronically stored information in Defendants' HourTrack and current, cloud-based UltiPro systems. Therefore, the instant motion is DENIED as it concerns Defendants' conduct in that regard. As to the recently discovered electronically stored information contained within Defendant's former UltiPro system, the Court finds that with additional efforts expended in good faith, the potential exists for the par...

Excerpt: ... admission numbers 23, 37 and 38, especially when the court considers the definition of, “YOU,” that Plaintiff used in the discovery requests, cannot be answered with enough accuracy to justify subjecting the Souzas to cost of proof sanctions should they decline to admit an act of which they may be unaware. Similarly, form interrogatory numbers 9.1 and 9.2 ask the Souzas to respond to a multitude of allegations, over many years, involving num...

Excerpt: ...claim against Defendant Rodriguez. The Court further finds that Plaintiff's evidence indicates that Defendant has no equity in the property. Therefore, the Court is inclined to order that the undertaking requirement is waived as to Plaintiff and to require Defendant to file an undertaking in the amount of $32,420.31 as a redelivery bond. (Code Civ. Proc. §§515.010(b), 515.020.) Subject to those terms, the Court is inclined to order that the wri...

Excerpt: ...r[s embraced by requests for admission asking him to admit he caused damage to defendant's property]” (Code Civ. Proc., § 2033.420, sub. (b)(3)), since the jury found plaintiff had been negligent but no causation was present. In addition, even if the evidence shows plaintiff should have admitted that he broke and/or removed from the ground some of defendant's vines, the court finds these particular admissions were “of no substantial importan...

Excerpt: ...thout objection, to Defendant's Form Interrogatories – Set Two, Supplemental Interrogatories – Set One, and Supplemental Request for Production of Documents – Set One within 10 days of the instant hearing date. In addition, Plaintiff is again ordered to comply with the Court's previous order awarding monetary sanctions to Defendant on 2-6-19. ...

Excerpt: ...ms of evidence which are not set properly forth in a declaration. (Code Civ. Proc. §2015.5; Cal. Rules of Ct., rule 3.1306.) Even setting these deficiencies aside and assuming arguendo that the Court is authorized to entertain Defendants' request here, the Court finds that Defendants have not made a sufficient showing that the matter is appropriate for complex case designation pursuant to Cal. Rules of Ct., rule 3.400. ...

Excerpt: ...s that the allegations supporting the First and Fourth Causes of Action, when liberally construed, sufficiently state the subject claims. As to the Second Cause of Action, the Court finds that the demurrer is barred by the provisions of Code Civ. Proc. §430.41(b) based on Defendant's failure to challenge the sufficiency of the pleading (on grounds other than the statute of limitations) in her previous demurrer. Therefore, the demurrer to the abo...

Excerpt: ...aintiff's “discovery abuses were ‘willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules.' ” (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 994.) Should the court make this order at the hearing as intended, defendant's request for issue, evidentiary and/or contempt sanctions is denied as moot. Finally, the court denies defendant's request ...

Excerpt: ...ement agreement. Of course, the Court has discretion to approve a reversionary settlement (one that provides that unpaid residual funds will be returned to defendant), but such settlements are difficult to evaluate for fairness. If a reversionary settlement is negotiated, the parties should articulate the reasons it is in the class' best interests and the trial court's order should address that issue. (See In re Microsoft I-V Cases (2006) 135...

Excerpt: ...ement agreement. Of course, the Court has discretion to approve a reversionary settlement (one that provides that unpaid residual funds will be returned to defendant), but such settlements are difficult to evaluate for fairness. If a reversionary settlement is negotiated, the parties should articulate the reasons it is in the class' best interests and the trial court's order should address that issue. (See In re Microsoft I-V Cases (2006) 135...

Excerpt: ...he trust in Santa Clara County by virtue of his June 2016 “Petition for Settlement of Final Account” filed in Case No. 1-15-PR-177570; and the fact that Ms. Webb in her capacity as the current successor co-trustee plans to continue administration of the trust in Santa Clara County Case No. 1-15-PR-177570 by preparing an additional accounting of the trust and filing it in Santa Clara County. The motion to dismiss the petition is DENIED. Additi...

Excerpt: ...If the parties, through counsel, are unable to agree on 3 potential appointees, then each party shall separately submit 2 such recommendations. Such recommendations for potential appointees, together with a statement of each individual's qualifications, shall be submitted to the Court within 20 days. b) Defendant's Motion for Stay of Civil Proceedings – GRANTED, in part. The Court has considered the nature and extent of the competing interests ...