Excerpt: ...preliminary approval. Having considered the unopposed motion for final approval and the supporting declarations and evidence, the Court finds that the settlement was entered into good faith, 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 of...

Excerpt: ...ces, Inc. v. TAT Capital Partners, Ltd. (2016) 5 Cal.App.5 th 69, 92; Sidney v. Superior Court (1988) 198 Cal.App.3d 710, 717; Trindade v. Superior Court (1973) 29 Cal.App.3d 857, 860.) Therefore, leave to amend is GRANTED as to Boer & Sons, Inc. However, there is no tolling or “relation back” to save cross-complaints against third parties brought into the action by the defendant. (Boyer v. Jensen (2005) 129 Cal.App.4 th 62, 70; Sidney v. Sup...

Excerpt: ...19-000641 – In re Bosio Revocable Trust Dated September 15, 1993 (Filed 6/14/19); and UD-19-000830 – Richard Bosio v Gina Bosio, et al. (Filed 6/28/19). Upon review, the Court intends to GRANT the motion to consolidate these three matters as it appears that consolidation would avoid repetitive trails of the same “common issues” and thus avoid “unnecessary costs and delays” to the Court and to the parties; as well as avoiding the subst...

Excerpt: ... compliance with the law and as required by the Court's order granting preliminary approval. Having considered the unopposed motion for final approval and the supporting declarations and evidence, the Court finds that the settlement was entered into good faith, 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...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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. ...