Excerpt: ...state cannot bring suit on its own but must proceed through the appropriate trustee, executor, or administrator. (See, e.g. Galdjie v. Darwish (2003) 113 Cal.App.4th 1331, 1344.) Moreover, as to the claims based on the subject contract (deed of trust), the Homeowner's Bill of Rights, and the foreclosure sale, the individual plaintiffs have failed to allege sufficient facts demonstrating their capacity to assert these claims herein. As Plaintiffs ...

Excerpt: ...rovided. Therefore, the request for an order compelling the same is DENIED, as MOOT. With regard to the request for sanctions, however, it appears that Plaintiffs' failure to comply with the statutory provisions for responding to the subject discovery necessitated the instant motion and Plaintiffs have not demonstrated substantial justification for their failures in that regard. Therefore, the Court finds that Defendant is entitled to an award of...

Excerpt: ...bridge's Further Responses Requests for Admissions, Set One and Request for Sanctions – GRANTED, in part; DENIED, in part, as MOOT. 1. The Court finds the substance of the dispute over Plaintiff's responses to be moot, based on Plaintiff's service of verified further responses herein. To the extent that Defendant believes such further responses remain insufficient, meet and confer efforts should be undertaken and Defendant may seek judicial int...

Excerpt: ...r, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.” (Emphasis added.) See also Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 190 (an appeal from the denial of a motion to compel arbitration automatically stays all further trial court proceedings on the merits). Based on the Court's review of the facts here, the appeal involves “matters embraced in or affe...

Excerpt: ... to meet his burden herein. His proffered evidence fails to identify any material factual disputes as to whether the defendant facility had a duty to prevent Plaintiff's voluntary departure from the premises or to prevent his apparent suicide attempt on the night in question. Therefore, Plaintiff has not demonstrated a material factual dispute sufficient to overcome the moving defendants' evidence on these issues. Plaintiff's objections to Defend...

Excerpt: ...its, the Court finds that Defendants, as the moving parties, met the initial burden of establishing prima facie entitlement to judgment based on the submitted evidence. The burden then shifts to Plaintiff to produce admissible evidence demonstrating the existence of a triable issue of material fact. (Code Civ. Proc. §437c(p)(2).) The Court finds that Plaintiff has failed to meet his burden herein. His proffered evidence fails to establish any po...

Excerpt: ...o sufficiently state the elements of intentional infliction of emotional distress to support Nataley's claim. In addition, it appears to the Court that Plaintiffs' claims for harassment and Ryta's claim for intentional infliction of emotional distress are not viable as a matter of law. If, however, Plaintiffs believe the pleading can be amended to state viable claims in this regard, they shall also be prepared to advise the Court of the authoriti...

Excerpt: ...ount of $1,050.00 – GRANTED, and unopposed; c) Defendant, United Parcel Service's Motion to Compel Responses, without Objections, to Requests for Production of Documents (Set One); Request for Sanctions against Plaintiff Christine Cole as Guardian Ad Litem for Tanner Cole and Sierra Cole in the Amount of $1,050.00 – GRANTED, and unopposed. a) The Court finds that Plaintiff entirely failed to respond to the subject discovery and all objections...

Excerpt: ...tration under CCP §1281 et seq, the moving party has the burden to demonstrate (1) an arbitration agreement covering the controversy, (2) a demand for arbitration consistent therewith, and (3) a refusal by the other party to arbitrate. Thereafter, the burden shifts to the opposing party to show (a) the right to compel arbitration has been waived, (b) grounds exist for rescission of the agreement, or (c) some overriding California policy justifyi...

Excerpt: ...eclaration is insufficient to authenticate the subject agreement. In addition to the deficiencies noted above, the Court finds that an order compelling arbitration in this instance would create the possibility of conflicting rulings on common factual and/or legal issues involved in Plaintiffs' action against the other defendants, as the allegedly arbitrable claim arises out of the same transaction(s) as the non‐arbitrable claims. Therefore, ass...

Excerpt: ... by Plaintiff herein. Therefore, Defendant has failed to demonstrate the absence of disputed factual issues with regard to the elements of Plaintiff's claim. (Code Civ. Proc. §437c(c).) Assuming arguendo that Defendant had submitted sufficient evidence to shift the burden to Plaintiff to produce admissible evidence demonstrating the existence of a triable issue of material fact (Code Civ. Proc. §437c(p)(2)), the Court finds that Plaintiff has m...

Excerpt: ...tempted to identify additional available sources of information (such as family members, co‐workers, neighbors, property records, etc.) for use in accomplishing service by another method. (See, e.g. Watts v. Crawford (1995) 10 Cal.4 th 743, 749, fn. 5.) ...

Excerpt: ... Complaint – GRANTED, and unopposed. (a) With regard to the single cause of action set forth in the First Amended Complaint, the Court finds that the factual allegations are sufficient, at this stage, to state a cause of action based on the negligence of school personnel and resultant vicarious liability on the part of the District pursuant to Gov't. Code §815.2. (See, e.g. C.A. v. William S. Hart Union High Sch. Dist. (2012) 53 Cal.4th 861.) ...

Excerpt: ...ction with the Third Cause of Action for Breach of Due Process Rights arises out of protected activity, i.e. the exercise of their constitutional rights in connection with their participation in the writ proceedings previously before this Court. The burden then shifts to Plaintiff to demonstrate the probability that he will prevail on the merits of the subject cause of action. The Court finds that Plaintiff has failed to meet that burden with reg...

Excerpt: ...ngh – GRANTED, and unopposed; d) Defendant's Motion for Order Establishing Admissions and Monetary Sanction to Plaintiff Bikrant Singh ‐ GRANTED, and unopposed; e) Defendant's Motion to Compel Responses to Special Interrogatories, Form Interrogatories, and Monetary Sanction to Plaintiff Sati Singh ‐ GRANTED, and unopposed; f) Defendant's Motion for Order Establishing Admissions and Monetary Sanction to Plaintiff Sati Singh ‐ GRANTED, and ...

Excerpt: ...c)(1)(B)(ii).) Therefore, the motion is GRANTED on that basis at this juncture, without reference to Defendants' additional arguments about the sufficiency of the allegations supporting the asserted claims, and without prejudice to such arguments being asserted in connection with any future challenges to the same, if appropriate. The Court grants Plaintiffs leave to amend the pleading to attempt to assert additional facts supporting their allegat...

Excerpt: ...38(c)(1)(B)(ii).) Moreover, the Court does not believe that any reasonable possibility for amendment exists which would result in viable claims being asserted with regard to these issues. Therefore, the Motion is GRANTED without leave to amend as to the Second, Third, and Seventh causes of action in the Complaint. The Court also finds that the Complaint fails to state facts sufficient to constitute the First, Fourth, Fifth, Sixth, Eighth and Nint...

Excerpt: ...elling Plaintiff, Thomas Monaco to (1) Respond to Demand for Production, Set No. One; and (2) Pay Costs and Sanctions in the Amount of $504.00 –GRANTED, and unopposed. a) The Court finds that Plaintiff entirely failed to respond to the subject discovery and all objections are waived. (Code Civ. Proc. §§2030.290(a).) Therefore, Defendant is entitled to an order compelling Plaintiff to provide verified responses, without objection, within 15 da...

Excerpt: ...approval and the subsequent order revising the same pursuant to the parties' stipulation. 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 ap...

Excerpt: ...�778.). The matters contained in Request for Admissions, Set One, are deemed admitted. The Court further finds that Defendants are entitled to an award of monetary sanctions in connection with Plaintiff's failure to respond to the subject discovery. (Code Civ. Proc. §§2033.280(c), 2023.010(d), 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Therefore, Defendants are awarded monetary sanctions in the amount of $230 against Plaintiff and her att...

Excerpt: ... Esq. and Hinshaw & Culberston LLP – GRANTED; c) Plaintiff's Motion to Compel Responses to Demand for Production of Documents and Things; Request for Sanctions in the amount of $1,100.00 against Defendant David Greer and his Attorney of Record Attorney Bradley M. Zamczyk, Esq. and Hinshaw & Culbertson LLP – GRANTED; d) Plaintiff's Motion to have Request for Admissions Deemed Admitted or in the Alternative for an Order Compelling Answers; Requ...

Excerpt: ...lement to judgment on the Plaintiffs' Complaint. Specifically, Defendant's evidence demonstrates that liability is barred by the immunity provisions of Gov. Code §831.8 and that Defendant did not own or control the subject drain, roadway, or the shoulder separating the two. The burden then shifts to Plaintiffs to demonstrate the existence of disputed issues of material fact that defeat judgment in Defendant's favor. While Plaintiffs have provide...

Excerpt: ...ses that are the subject of the instant motion. The failure to comply with this requirement constitutes a sufficient ground for denial of the motion, in the Court's discretion. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 892.) Nevertheless, Defendants have acknowledged that supplemental responses and production of documents are necessary and indicates that the same are in the process of being provided. Therefore, the hearing is continued and ...

Excerpt: ...TED. Judgment shall be entered on the underlying debt in the amount of $65,872.40. In addition, Plaintiff has established entitlement to costs, but no admissible evidence of the amount of costs has been submitted. Therefore, Plaintiff may submit a cost bill within the time prescribed by statute. The Court will sign the proposed order submitted by Plaintiff. Counsel shall submit a revised form of judgment consistent with the Court's ruling herein....

Excerpt: ...uirements of the Code of Civil Procedure, and the moving party has not demonstrated that any substantive responsive information has been withheld. Moreover, the cases cited by the moving party do not demonstrate its entitlement to an order compelling further responses in the context of allegedly unmeritorious objections that are nevertheless accompanied by complete and substantive responsive information. Therefore, it appears there is nothing fur...