Excerpt: ...finds that Plaintiff has failed to meet her burden in this regard. Specifically, Plaintiff has failed to produce evidence of a factual dispute with regard to the issue of whether Defendant exercised ownership, possession, or control of the subject property at the time of the alleged injury. (See, e,g. Preston v. Goldman (1986) 42 Cal.3d.108). In fact, the undisputed evidence confirms that Plaintiff cannot establish this element. (UMF 13, 14.) The...

Excerpt: ...roduce the corporate records for inspection under Corp. Code §1602. However, the Court has the ability to impose just and proper conditions on the inspection (Corp. Code §1603(a)) if the corporation is able to demonstrate, by an evidentiary showing, that a protective order is necessary due to the presence of egregious circumstances, i.e. to prevent a tort against the corporation. (Saline v. Superior Court (2002) 100 Cal.App.4 th 909, 914-915.) ...

Excerpt: ...ving papers, the Court sustains the Demurrer in its entirety. Plaintiff acknowledges discovery of the facts underlying her alleged causes of action no later than 2007; therefore, the action is time-barred for Plaintiff's failure to comply with the requirements of the Government Claims Act. Despite the lack of opposition, the Court has reviewed the allegations of the Plaintiff's untimely-filed First Amended Complaint and finds no allegations there...

Excerpt: ...of $383 and Plaintiff has not submitted a cost bill or otherwise substantiated such items by declaration in connection with the motion. Therefore, Plaintiff's counsel shall submit a revised form of order and judgment without reference to the specific amount of the claimed costs. Plaintiff may pursue the recovery of same through the statutory procedures for submission of a cost bill. ...

Excerpt: ...er, the Court finds that Plaintiff is entitled to an award of monetary sanctions in the amount of $360 against Plaintiff and her counsel herein, to be paid to Plaintiff's counsel within 14 days. (Code Civ. Proc. §§2030.290(c), 2023.010, 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) b) Plaintiff's Motion to Compel Responses to Demand for Production of Documents and Things and Request for Monetary Sanctions – GRANTED, and unopposed; The Cour...

Excerpt: ... and that Nichols has failed to meet his burden in opposition. 1. First cause of action for injunctive relief “Injunctive relief is a remedy, not a cause of action.” (City of South Pasadena v. Department of Transportation (1994) 29 Cal.App.4th 1280, 1293.) Because all causes of action fail as described below, there is no valid claim on which the base an injunction. 1. Second cause of action for inverse condemnation The first amended complaint...

Excerpt: ...lludes to in his Cross-Complaint. Therefore, Defendant Thomas Trombetta has leave to file an Amended Cross-Complaint not later than February 14, 2019. b) Plaintiff Sherry Trombetta's Motion to Strike Defendant Thomas Trombetta's Unverified Answer to Verified Complaint - GRANTED, with leave to amend, and unopposed. An Answer to a verified Complaint must itself be verified. Code of Civil Procedure section 446. Defendant Thomas Trombetta's Answer to...

Excerpt: ...y the Court. Moreover, the Court further finds that the Complaint fails to allege facts sufficient to state any cause of action against the demurring defendants and the Court does not believe that amendment of these causes of action is possible. Therefore, the Complaint is dismissed with prejudice. ...

Excerpt: ...ovides otherwise, the rules of civil procedure must apply equally to parties represented by counsel and those who forgo attorney representation.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984–985.)” The Court is not unsympathetic to the fact that Plaintiff is attempting to represent himself in this matter – which is undoubtedly difficult for someone without a legal background. However, the law requires the Court to hold a self-represen...

Excerpt: ...y successful, the Court DENIES the Plaintiff's request for an award of monetary sanctions. b) Plaintiff's Motion to Compel Further Responses to Special Interrogatories, Set One, From Defendant Valley Subacute & Rehabilitation Center, LLC dba Valley Subacute & Rehabilitation Center and Request for Sanctions ($1,000) – (Continued from 12/28/18) - GRANTED, in part and DENIED, in part as follows. Defendant has now identified over 50 employees (both...

Excerpt: ... or anything else. Therefore, on the face of the pleadings, the City of Modesto states a cross-claim for Equitable Indemnity, Apportionment of Fault and Contribution and Indemnity as against Cross-Defendant Honeywell International Inc. Cross-Defendant's answer to the Cross-Complaint shall be filed not later than February 8, 2019, pursuant to California Rules of Court, rule 3.1302(g). ...

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: ...n award of monetary sanctions against Plaintiff and his counsel in connection with the issues represented in the instant motion, as well as the failure to meet and confer regarding the issues presented herein. (Code Civ. Proc. §§2030.300(d); 2023.010(f); 2023.020; 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Therefore, Defendant's request for monetary sanctions is GRANTED in the amount of $500, to be paid to Defendant's counsel within 14 da...

Excerpt: ......

Excerpt: ...'s alternative arguments do not provide sufficient grounds for granting the motion. Leave of court is not required before filing an amendment pursuant to Code Civ. Proc. §474 in Stanislaus County. Under the circumstances, Defendant has not demonstrated sufficient prejudice to justify denial of Plaintiffs' ability to pursue their cause of action against Mr. Bauman on the basis of delay. ...

Excerpt: ...Request for Admissions, Set One, are deemed admitted. ...

Excerpt: ... set forth appropriate material facts and states only allegations and legal conclusions, which are insufficient to support summary adjudication. Moreover, the Separate Statement fails to demonstrate the absence of material factual issues bearing on the existence of a contractual relationship between the parties. As to the Third Cause of Action for Breach of Fiduciary Duty, the Court finds that Defendants, as the moving parties, have met the burde...

Excerpt: ...'s alternative arguments do not provide sufficient grounds for granting the motion. Leave of court is not required before filing an amendment pursuant to Code Civ. Proc. §474 in Stanislaus County. Under the circumstances, Defendant has not demonstrated sufficient prejudice to justify denial of Plaintiffs' ability to pursue their cause of action against Mr. Bauman on the basis of delay. ...

Excerpt: ... set forth appropriate material facts and states only allegations and legal conclusions, which are insufficient to support summary adjudication. Moreover, the Separate Statement fails to demonstrate the absence of material factual issues bearing on the existence of a contractual relationship between the parties. As to the Third Cause of Action for Breach of Fiduciary Duty, the Court finds that Defendants, as the moving parties, have met the burde...

Excerpt: ...laintiff's counsel. Under the circumstances, the Court finds that all matters currently on calendar for August 10, 2018 shall be continued to October 16, 2018. In order for Defendant's motion to be heard, however, proper service must be accomplished and proof service filed with the Court. (Code Civ. Proc. §1005; Cal. Rules of Ct., rules 1.21 and 3.1300.) ...

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: ...q Inc. dba Simons Auto Sales had no notice of it. Additionally, the terms of the parties' agreement as set forth in the operative complaint contain nothing about the award of attorneys' fees and costs in the event of litigation between them, so it would appear that the general rule that each party bear its own costs and fees should apply. ...

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: ...�2030.290(a). Therefore, Defendants are entitled to an order compelling Plaintiff to provide answers, without objection, to Judicial Interrogatories, Set One within 14 days. Further, the Court finds that Defendants are entitled to an award of monetary sanctions. (Code Civ. Proc. §§2030.290(c), 2023.010, 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Plaintiff is ordered to pay $265.00 in monetary sanctions to Defendants' counsel within 14 day...

Excerpt: ...�2030.290(a). Therefore, Defendants are entitled to an order compelling Plaintiff to provide answers, without objection, to Judicial Interrogatories, Set One within 14 days. Further, the Court finds that Defendants are entitled to an award of monetary sanctions. (Code Civ. Proc. §§2030.290(c), 2023.010, 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Plaintiff is ordered to pay $265.00 in monetary sanctions to Defendants' counsel within 14 day...