Excerpt: ...nfidence and when the client suspects and questions the good faith of his attorney the attorney should be permitted to withdraw from the case unless some very compelling reason exists for forcing him to continue with the ungrateful task.” (Heple v. Kluge (1951) 104 Cal.App.2d 461, 462.) While the court is sympathetic to plaintiff's predicament, his inability to find substitute counsel is not a “very compelling reason” to deny counsel permis...

Excerpt: ...� GRANTED, in part; DENIED, in part, subject to evidentiary hearing. The Court find that Plaintiffs have demonstrated entitlement to entry of default against the unknown parties designated in the Complaint as “the testate and intestate successors of Barbara Plant, deceased, and all persons claiming by, through, or under such decedent; and all persons unknown, claiming any legal or equitable right, title, estate, lien or interest in the property...

Excerpt: ...garding the lodestar fees calculation, the Court finds on the basis of Counsel's declarations and supporting exhibits, including time records, that the majority of the hours claimed were reasonably incurred and substantially contributed to the ultimate successful result. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132; Horsford v. Board of Trustees of Calif. State University (2005) 132 Cal.App.4th 359, 394.) However, the Court declines to award th...

Excerpt: ...garding the lodestar fees calculation, the Court finds on the basis of Counsel's declarations and supporting exhibits, including time records, that the majority of the hours claimed were reasonably incurred and substantially contributed to the ultimate successful result. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132; Horsford v. Board of Trustees of Calif. State University (2005) 132 Cal.App.4th 359, 394.) However, the Court declines to award th...

Excerpt: ...in Civ. Code §47(b)(1) does not apply, as the subject “allegation or averment” concerning BEST was made by an officer of the court under penalty of perjury and appeared on its face to be relevant and material to the issues in the matter wherein it was made. Therefore, the First Amended Complaint fails to state facts sufficient to constitute the subject causes of action. (Code Civ. Proc. §430.10(e).) Due to the application of the privilege, ...

Excerpt: ...ounts, and/or reasonableness of such costs, thereby shifting the burden to Defendant to show that the items charged were for matters necessarily relevant and material to the issues involved in the action. (Nelson v. Anderson (1999) 72 Cal.App.4 th111, 131; Oak Grove School Dist. V. City Title Ins. Co. (1963) 217 Cal.App.2d 678, 698.) The Court further finds that Defendant has offered adequate substantiation as to certain of the challenged costs b...

Excerpt: ...iv. Proc. §2033.280(c); St. Mary's v. Superior Court (Schellenberg) (2014) 223 Cal.App.4 th 762, 777-778.). Therefore, the matters contained in Request for Admissions, Set One, are deemed admitted. Further, the Court finds that Plaintiff is entitled to an award of monetary sanctions in the amount of $220 against Defendant, to be paid to Plaintiff's counsel within 30 days. (Code Civ. Proc. §§2023.010 et seq.; 2033.280(c); Cal. Rules of Ct., rul...

Excerpt: ...l.App.4 th 762, 777-778.). Therefore, the matters contained in Request for Admissions, Set One, are deemed admitted. b) Plaintiff's Motion for Evidence and Issue Discovery Sanctions – GRANTED, and unopposed. The Court finds that Defendant Roberto Chavez Alvarez has failed to comply with the Court's order dated 3-4-19 compelling discovery responses. Defendant's failure, coupled with the lack of any opposition to the instant motion, leads the Cou...

Excerpt: ...ause they lack standing, the Court should grant leave to amend the complaint to redefine the class or add a new class representative. (In re Tobacco II Cases (2009) 46 Cal.4th 298, 328). Accordingly, the Court deems filed the First Amended Complaint (1) alleging a PAGA claim; (2) naming Robert Moyes as PAGA representative; (3) re-defining the class to include PAGA employees; and (4) adding a cause of action for declaratory relief from settlement ...

Excerpt: ... 1131, 1135.) Any significant departure from the procedural requirements on new trial motions deprives the trial court of power to grant the motion. Strict literal compliance is required. (Telefilm, Inc. v. Superior Court (1949) 33 Cal.2d 289, 294; Sanchez-Corea v. Bank of America (1985) 38 Cal.3d 892, 899.) Here, Plaintiff has failed to file any supporting memorandum as required. (Code Civ. Proc. § 657; Cal. Rules of Ct., rule 3.1600.) While th...

Excerpt: ...hth Causes of Action herein, to the effect that no trial of such issues shall be had until final determination of the family law action. (Code Civ. Proc. §597.) The Court notes, however, that the First Amended Complaint in the instant action asserts claims on behalf of an additional plaintiff, Behavioral & Educational Strategies & Training (“BEST”), which is not a party to the earlier action; the Court has no authority to order that the inst...

Excerpt: ...rmit him to impair or destroy the client's cause of action or defense. (Seacall Develop. Ltd. v. Santa Monica Rent Control Bd. (1999) 73 Cal.App.4 th201; Orange Empire Nat. Bank, (1968) 259 Cal.App.2d 347.) Defendant shall file her answer within 20 days. ...

Excerpt: ...ration both relate to the substantive merits of the motion, and are not akin to the sort of blatant procedural mistakes that have been found tantamount to an involuntary dismissal or default. To the contrary, the attorney omissions in the case at bar—taken at face value—involve at best a misapprehension or misunderstanding as to the evidentiary rules, burdens and merits raised by the Defendants' motions for summary judgment. Accordingly, the ...

Excerpt: ... of Entry of Judgment. There is no extension of the deadline where service of the Notice of Entry of Judgment was by mail. (Code Civ. Proc. § 659(b).) As this is a jurisdictional requirement, the trial court has no power to entertain or act on the untimely motion; any purported grant of the new trial would be void. (Douglas v. Janis (1974) 43 Cal.App.3d 931, 936.) (b) The motion is untimely. A motion to vacate judgment requires filing of Notice ...

Excerpt: ...ntal Declaration of Mark Romano) and supporting exhibits, including time records, that the majority of the hours claimed were reasonably incurred and substantially contributed to the ultimate successful result. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132; Horsford v. Board of Trustees of Calif. State University (2005) 132 Cal.App.4th 359, 394.) However, the Court declines to award the time claimed for hours not expended at the time of the fili...

Excerpt: ...h on Civ. Code §2100, pertaining to common carriers, as well as under Civ. Code §1714 and the common law principles articulated in Rowland v. Christian(1968) 69 Cal.2d 108, 113.) While the Court notes that the existence of a statutory duty under Pen. Code §11164 et seq. is asserted in this matter, it appears that neither party was able to provide additional authority clarifying Defendant's status under that statute. Therefore, the Court looks ...

Excerpt: ...ed Complaint – DENIED. The Court finds that the prayer for attorney's fees is supported by the statutory provisions governing the First Cause of Action. (Civ. Code §56.35.) ...

Excerpt: ...re, Plaintiff is entitled to an order compelling Defendants to provide answers, without objection, to the subject discovery and to produce the requested documents within 14 days from service of entry of the Court's order. Further, the Court finds that Plaintiff is entitled to an award of monetary sanctions in the amount of $610 against Defendants and their counsel herein, to be paid to Plaintiff's counsel within 14 days. (Code Civ. Proc. §§2030...

Excerpt: ...l to the determination of the amount to be awarded and therefore mandatory. (Serrano v. Priest (Serrano III) (1977) 20 Cal.3d 25, 48; Press v. Lucky Stores, Inc. (1983) 34 Cal.3d 311, 322-324.) Specifically, the Court finds a substantial discrepancy between the number of hours Plaintiff's counsel claimed in Mr. Romano's correspondence to defense counsel on 12-18-18 and the number of hours counsel now claims for the same time period, based on the ...

Excerpt: ...ms of evidence which are not set properly forth in a declaration. (Code Civ. Proc. §2015.5; Cal. Rules of Ct., rule 3.1306.) Even setting these deficiencies aside and assuming arguendo that the Court is authorized to entertain Defendants' request here, the Court finds that Defendants have not made a sufficient showing that the matter is appropriate for complex case designation pursuant to Cal. Rules of Ct., rule 3.400. ...

Excerpt: ...ue of material fact. (Code Civ. Proc. §437c(p)(2).) The Court finds that Plaintiff has failed to meet his burden in this regard. Specifically, the undisputed facts establish that the written lease agreement and subsequent amendment set forth specific terms and conditions for Plaintiff's effective exercise of the purchase option at issue, that the parties agreed thereto, and that Plaintiff failed to fulfill such terms with regard to the subject p...

Excerpt: ...r burden in this regard. Specifically, Plaintiffs have failed to demonstrate facts establishing that Defendant had actual or constructive knowledge of the alleged latent defect on the premises. Moreover, the law does not support Plaintiffs' theory that notice was imputed to Defendant in connection with alleged defects in the original design and/or construction of the premises under the circumstances in this case. (RSB Vineyards, LLC v. Orsi (2017...

Excerpt: ...r burden in this regard. Specifically, Plaintiffs have failed to demonstrate facts establishing that Defendant had actual or constructive knowledge of the alleged latent defect on the premises. Moreover, the law does not support Plaintiffs' theory that notice was imputed to Defendant in connection with alleged defects in the original design and/or construction of the premises under the circumstances in this case. (RSB Vineyards, LLC v. Orsi (2017...

Excerpt: ... appropriately submitted within the timeline established by the agreement, subject to the agreed modification by the parties in the interest of allowing for extended informal discussions. Respondent's argument with regard to the viability of Petitioners' underlying claim is akin to a statute of limitations defense requiring inquiry into the substantive merits of the matter. Such determination falls within the purview of the arbitrator, not the co...

Excerpt: ... appropriately submitted within the timeline established by the agreement, subject to the agreed modification by the parties in the interest of allowing for extended informal discussions. Respondent's argument with regard to the viability of Petitioners' underlying claim is akin to a statute of limitations defense requiring inquiry into the substantive merits of the matter. Such determination falls within the purview of the arbitrator, not the co...