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: ...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: ......

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: ...rtence, surprise, or excusable neglect,” within the meaning of Code Civ. Proc. §473(b). ...

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: ...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: ...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: ...004) 32 Cal.4 th. 771, 790; Country Villa Claremont Healthcare Center v. Superior Court (2004) 120 Cal.App.4 th 426, 433-434.) ...

Excerpt: ...ANTED, and the matters contained in Request for Admissions, Set One, are deemed admitted. The Court finds that Plaintiff is entitled to an award of monetary sanctions for Defendant's failure to respond to the above-described discovery requests. (Code Civ. Proc. §§2023.010 et seq.; 2033.280(c); Cal. Rules of Ct., rule 3.1348(a).) Plaintiff's motion for monetary sanctions is GRANTED in the amount of $260, to be paid to Plaintiff's counsel within ...

Excerpt: ...he undertaking requirement is waived as to Plaintiff and to require Defendant(s) to file an undertaking in the amount of $31,516.53 as a redelivery bond. (Code Civ. Proc. §§515.010(b), 515.020.) Subject to those terms, the Court is inclined to order that the writ shall issue and Defendant NBS Auto of California shall be directed to transfer possession of the subject property to Plaintiff; failure to do so may subject said Defendant to being hel...

Excerpt: ...is GRANTED, and the matters contained in Request for Admissions, Set One, are deemed admitted. The Court finds that Plaintiff is entitled to an award of monetary sanctions for Defendant's failure to respond to the above-described discovery requests. (Code Civ. Proc. §§2023.010 et seq.; 2033.280(c); Cal. Rules of Ct., rule 3.1348(a).) Plaintiff's motion for monetary sanctions is GRANTED in the amount of $260, to be paid to Plaintiff's counsel wi...

Excerpt: ...ly construed so that parties may ascertain the strength of their case and truth may be determined at trial. (Williams v. Superior Court (2017) 3 Cal.5 th 531, 538.) Nevertheless, the Court recognizes that discovery of employee contact information serves a different purpose in the context of an individual discrimination case, as here, than in cases involving class action or PAGA claims, where “sweeping disclosures” have generally been approved...

Excerpt: ...tion is five calendar days. Here the motion was allegedly served on Mr. Zepeda by mail at his last known address on June 28, 2018. For a hearing date of July 17, 2018, service by mail should have been accomplished not later than June 20, 2018. ...

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...