Excerpt: ...lludes to in his Cross-Complaint. Therefore, Defendant Thomas Trombetta has leave to file an Amended Cross-Complaint not later than February 14, 2019. b) Plaintiff Sherry Trombetta's Motion to Strike Defendant Thomas Trombetta's Unverified Answer to Verified Complaint - GRANTED, with leave to amend, and unopposed. An Answer to a verified Complaint must itself be verified. Code of Civil Procedure section 446. Defendant Thomas Trombetta's Answer to...

Excerpt: ...ovides otherwise, the rules of civil procedure must apply equally to parties represented by counsel and those who forgo attorney representation.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984–985.)” The Court is not unsympathetic to the fact that Plaintiff is attempting to represent himself in this matter – which is undoubtedly difficult for someone without a legal background. However, the law requires the Court to hold a self-represen...

Excerpt: ... or anything else. Therefore, on the face of the pleadings, the City of Modesto states a cross-claim for Equitable Indemnity, Apportionment of Fault and Contribution and Indemnity as against Cross-Defendant Honeywell International Inc. Cross-Defendant's answer to the Cross-Complaint shall be filed not later than February 8, 2019, pursuant to California Rules of Court, rule 3.1302(g). ...

Excerpt: ...q Inc. dba Simons Auto Sales had no notice of it. Additionally, the terms of the parties' agreement as set forth in the operative complaint contain nothing about the award of attorneys' fees and costs in the event of litigation between them, so it would appear that the general rule that each party bear its own costs and fees should apply. ...

Excerpt: ...q Inc. dba Simons Auto Sales had no notice of it. Additionally, the terms of the parties' agreement as set forth in the operative complaint contain nothing about the award of attorneys' fees and costs in the event of litigation between them, so it would appear that the general rule that each party bear its own costs and fees should apply. ...

Excerpt: ...tion. The employer may rebut the presumption by producing evidence that its action was taken for a legitimate, nondiscriminatory reason. If the employer discharges this burden, the presumption of discrimination disappears. The plaintiff must then show that the employer's proffered nondiscriminatory reason was actually a pretext for discrimination, and the plaintiff may offer any other evidence of discriminatory motive. The ultimate burden of ...

Excerpt: ...ts are awarded to Plaintiff in the amount of $3,342.37. The Court notes that the cost for the Manheim SDT, which Plaintiff believed he had inadvertently left off the Memorandum of Costs, was actually included at page 2 of 6, item 5(c). The Court also notes that the Plaintiff's opposition to the Defendants' motion to tax and/or strike contains an obvious error in terms of the argument related to the costs at page 12, footnote 5, and the Court choo...

Excerpt: ...ient to constitute causes of action for Recovery of Community Property Interest, Breach of Contract, Declaratory Relief and Unjust Enrichment, and while the allegations are not a model of certainty, they are not fatally uncertain. Defendant's Demurrers No. 7 and 14 are OVERRRULED as they fail to state any statutory grounds for demurrer and to the extent they might be construed to state general demurrers, the Court has already overruled general de...

Excerpt: ...his responses had already passed. Therefore, Plaintiff shall serve a copy of the Court's May 7, 2018, order on the Defendant at his address of record in this matter. Plaintiff shall inform the Defendant that the Court has ordered him to respond to the discovery and provide him with at least two weeks' window of opportunity to do so. If Defendant fails to respond thereafter, the Plaintiff may renew its motion. ...

Excerpt: ...de upon the exercise of the Court's discretion, the Court notes the following: The sales price from the property is $856,000. From that amount, the property closing costs of $83,754.02 and the additional referee fees of $1,525.00 shall be deducted. The resulting sum of $770,720.98 is divided by 3 interests, one for each of the sisters. Nancy is entitled to one share at $256,906.99. Marsha, because of her arrangement with her other sister, is enti...

Excerpt: ...o promote judicial efficiency or avoid jury confusion. Where liability is disputed, there is much greater reason to bifurcate the phases of the trial. A jury in this case would be presented with evidence by plaintiffs relating to the dynamics of the collision, their injuries and other elements of damages, as is necessary to prove their case. Any singular issues could be addressed in motions in limine. Bifurcation is not useful or appropriate here...

Excerpt: ...en on the “eve of trial”, leave to file compulsory cross-complaint mandatory absent bad faith). There is no bad faith alleged (let alone proved) here, so Defendant's motion is granted. Defendant shall file his cross-complaint on or before July 17, 2019. ...