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: ...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: ...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: ...tion. The employer may rebut the presumption by producing evidence that its action was taken for a legitimate, nondiscriminatory reason. If the employer discharges this burden, the presumption of discrimination disappears. The plaintiff must then show that the employer's proffered nondiscriminatory reason was actually a pretext for discrimination, and the plaintiff may offer any other evidence of discriminatory motive. The ultimate burden of ...

Excerpt: ...y, has failed to demonstrate adequate efforts to meet and confer as required by Code Civ. Proc. §430.41. Moreover, the Court's review of the papers suggests that the potential exists for the parties to narrow the issues raised herein with additional time and effort expended in good faith. Accordingly, the hearing is continued on that basis. Defendant's counsel shall file a supplemental declaration describing such efforts and the issues remaining...

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: ...2014) 223 Cal.App.4 th 762, 777- 778; Allen-Pacific Ltd. V. Superior Court (Chan) 57 Cal.App.4 th 1546, 1551, disapproved on unrelated grounds by Wilcox v. Birtwhistle (1999) 21 Cal.4 th973.) Therefore, the motion is GRANTED, and the matters contained in Request for Admissions, Set One, are admitted. Plaintiff is awarded monetary sanctions against Defendant in the amount of $310, to be paid to Plaintiff's counsel. ...

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: ...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: ...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: ... 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: ...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: ...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: ...moving defendants “stood in the shoes” of PVC as its successors-in interest, and if Plaintiffs had prevailed on such causes they would have been entitled to seek attorney's fees from Defendants herein under the contractual provisions. (Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d 124, 128.) Having reviewed the declarations and evidence submitted with the moving papers, as well as the supplemental declarations of Lewis Soffer, Amy Mathews,...

Excerpt: ... in this context. 2. The request is denied as premature. The Fifth Amendment cannot be invoked by a non-party deponent as blanket protection against discovery in a civil proceeding. The affected deponent must claim the privilege with specific reference to particular questions or documents requested, at which time the trial court is required to undertake a particularized inquiry. The burden rests on the witness claiming the privilege to demonstrat...

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...

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...