Excerpt: ...berg) (2014) 223 Cal.App.4 th 762, 777-778.) Therefore, the motion is GRANTED, and the matters contained in Request for Admissions, Set One, are deemed admitted. Defendant is awarded monetary sanctions against Plaintiff in the amount of $235, to be paid to Defendant's counsel. ...

Excerpt: ...ithin the applicable statute of limitations based on delayed discovery, the Complaint contains only conclusory allegations in that regard, which are insufficient to withstand demurrer. (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4 th 797, 809; Cansino v. Bank of America (2014) 224 Cal.App.4 th1462, 1472.) However, the Court must grant leave to amend if the plaintiff demonstrates a reasonable possibility that the defect might be cured. (Fox, ...

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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...'s motion to compel responses given that Defendants have now served responses to all of the pending discovery. The Court notes that Defendants served those responses pursuant to their representation made during the parties' “meet and confer” process that they would do so as soon as the Court issued a ruling on the Defendants' petition to compel binding arbitration. There is no information contained in the Court's file as to the sufficiency of...