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: ...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: ... of action herein. (Saks v Damon Raike & Co. (1992) 7 Cal.App.4 th 419, 427.) Further, the Court notes that the evidence submitted in connection with Defendants' Request for Judicial Notice discloses the existence of a co-obligor on the subject mortgage loan. This evidence raises a significant issue with regard to whether the action could proceed, assuming Plaintiff's ability to establish proper standing, without joinder of the co-obligor as an i...

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: ...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.) ...