Excerpt: ...o other special defense is sustained) an interlocutory judgment shall be entered in favor of the defendant pleading the same to the effect that no trial of other issues shall be had until the final determination of that other action.” Defendant shall prepare the interlocutory judgment for the Court's signature. The Court notes that the Declaration of Mr. Jorge Coss is not present in the Court's file and therefore the Defendant's request that it...

Excerpt: ...JULIA SINGHMEDINA is ordered to appear on July 20, 2018 at 8:30 a.m. at the Stanislaus County Law Library, 1101 13 th Street, Modesto, California. (Code Civ. Proc. §2025.450(a).) The Court further finds that Cross-Complainants are entitled to an award of monetary sanctions pursuant to Code Civ. Proc. §§2025.450(g)(1) and 2023.010 et seq. in the amount of $2,305.00 against Cross-Defendant JULIA SINGHMEDINA, to be paid to Cross-Complainants' cou...

Excerpt: ...scovery and settlement negotiations more efficient and effective. Therefore, the motion to consolidate is GRANTED and the controlling case number will be 2024005. All further papers/pleadings shall be filed under the controlling case number. The Case Management Conference will remain on calendar for the consolidated actions on August 6, 2018 at 9:00 a.m. in Department 23. ...

Excerpt: ...s before the continued hearing date. The Joint Status Statement should explain the parties' further efforts to meet and confer in good faith. If necessary, Plaintiff shall also provide an amended Separate Statement of Disputed Discovery identifying only those responses remaining in dispute. ...

Excerpt: ...The Court further finds that Plaintiffs' theory of alter ego liability was common to all causes of action alleged against the moving defendants, such that defense counsel's work need not be apportioned in this instance. (Reynolds Metals Co. v Alperson, supra, at 129-130.) Having reviewed the declarations and evidence submitted with the moving papers, the Court finds that the evidence supports the lodestar amount for each biller as reflected in th...

Excerpt: ...ties' arbitration agreement, as set forth in “Section 21. DISPUTES” of the Partnership Agreement clearly provides for “final and binding arbitration” of “all disputes concerning the interpretation or enforcement of rights and duties under this Agreement.” Despite having agreed to mediate the parties' dispute pursuant to Section 21() and having agreed to arbitrate certain of the causes of action contained in the complaint, Plaintiff st...

Excerpt: ...s void. The Court declines to award monetary sanctions to either party. ...

Excerpt: ... Cal.App. 4 th 615, at page 625: “The rights and duties of the parties spring from the lease. So, too, liabilities arising from breach of the lease are creatures of the agreement. There is no reason to impose extra-contractual liability for breach, simply because the breaching party is a governmental entity. To say that a breach of contract or lease implicates the Fifth Amendment … or article I, section 19 of the California Constitution, stre...

Excerpt: ...ed, Set One and Request for Monetary Sanctions ($360) – Plaintiff's Motions to Compel Discovery Responses and Deem Admissions Admitted are GRANTED in part and DENIED in part, as follows: a) Plaintiff's Motion to Compel Responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Supplemental Interrogatories, Set One, and Request for Monetary Sanctions is GRANTED in Part and DENIED in part as follows. Although in his “Oppo...

Excerpt: ... July 19, 2018 hearing. ...

Excerpt: ......

Excerpt: ...de upon the exercise of the Court's discretion, the Court notes the following: The sales price from the property is $856,000. From that amount, the property closing costs of $83,754.02 and the additional referee fees of $1,525.00 shall be deducted. The resulting sum of $770,720.98 is divided by 3 interests, one for each of the sisters. Nancy is entitled to one share at $256,906.99. Marsha, because of her arrangement with her other sister, is enti...

Excerpt: ... the motion as being served, and only on the Plaintiff. ...

Excerpt: ... Act's requirements does not constitute excusable neglect. Instead, a claimant asserting that their failure was a result of excusable neglect bears the burden of affirmatively demonstrating that the claimant's failure to timely present a claim was “objectively reasonable and occurred despite reasonable diligence on the claimant's part.” Petitioner fails to bear that burden here. Her failure to even consult an attorney until eleven (11) months...

Excerpt: ...bmits a judgment dated March 3, 2008, as the basis for its claim. However, that judgment has expired, pursuant to Code of Civil Procedure section 683.020, and therefore, it cannot be enforced. Both Claimants may file supplemental pleadings addressing these issues not later than July 13, 2018. ...

Excerpt: ...o promote judicial efficiency or avoid jury confusion. Where liability is disputed, there is much greater reason to bifurcate the phases of the trial. A jury in this case would be presented with evidence by plaintiffs relating to the dynamics of the collision, their injuries and other elements of damages, as is necessary to prove their case. Any singular issues could be addressed in motions in limine. Bifurcation is not useful or appropriate here...

Excerpt: ...ant is required to respond to all outstanding discovery within 14 days of service of notice of this order. If Defendant has questions regarding the discovery, an attorney or other legal professional should be consulted immediately. Defendant's continued failure to respond to the subject discovery may result in the Court striking Defendant's Answer and entering judgment by default, which is the equivalent of finding in favor of Plaintiff on the cl...

Excerpt: ...g 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.) However, the Court finds that the moving defendants have not provided sufficient information for the Court to calculate the lodestar figure, which is funda...

Excerpt: ...en on the “eve of trial”, leave to file compulsory cross-complaint mandatory absent bad faith). There is no bad faith alleged (let alone proved) here, so Defendant's motion is granted. Defendant shall file his cross-complaint on or before July 17, 2019. ...

Excerpt: ...lacks standing to appear. In addition, the opposition brief submitted on behalf of Mr. Epps was untimely. (Code Civ. Proc. §1005(b).) ...

Excerpt: ...ation of Case No. 2019417. (Code Civ. Proc. §597.) The Court notes, however, that the Amended Complaint in the instant action names an additional defendant, Independent Note & Contract Services, LLC, which is not a party to the earlier action; the Court has no authority to order that the instant action abate as to said defendant. (See Wulfjen v. Dolton(1944) 24 Cal.2d 891.) ...

Excerpt: ...ys of the hearing of this matter. The Court further orders that the hearing date on the Court's Motion to Dismiss is continued, on the Court's own motion, to August 22, 2018 at 8:30 a.m. in Department 23. ...

Excerpt: ...additional documents were produced by Defendant after the instant motion was filed. Under the circumstances, it appears to the Court that, with additional time and effort, the disputed issues may be resolved by mutual good faith. Therefore, the matter is continued and the parties are instructed to file a Joint Status Statement no later than 5 court days before the continued hearing date. The Joint Status Statement should explain the parties' furt...

Excerpt: ... action has the power to bring before it all necessary parties, to litigate all issues, and to grant all relief to which any parties might be entitled. (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 786- 788.) Therefore, an interlocutory judgment shall be entered in favor of Defendant WIS International herein to the effect that no trial of other issues shall be had until final determination of Case No. RIC 1801185. (Code Civ...

Excerpt: ... action has the power to bring before it all necessary parties, to litigate all issues, and to grant all relief to which any parties might be entitled. (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 786- 788.) Therefore, an interlocutory judgment shall be entered in favor of Defendant WIS International herein to the effect that no trial of other issues shall be had until final determination of Case No. RIC 1801185. (Code Civ...