Excerpt: ...convenient Forum — a, b and c- DENIED. California favors contractual forum selection clauses so long as they are entered into freely and voluntarily, and their enforcement would not be unreasonable. (Smith, Valentino & Smith, Inc. v. Superior Court (1976) 17 Cal.3d 491, 496.) However, a forum selection clause will not be enforced if doing so would bring about a result contrary to the public policy of this state. (Smith, supra, at pp. 496-497; C...

Excerpt: ...y in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts." The issues as stated in the notce of motion and moton do not duplicate the issues set forth in the separate statement. Because they are different, Defendants did not have fair notice of which issues to address, and the Court is unclear on what issues it should be deciding. Assuming the issues as set forth in the separate statement are the...

Excerpt: ...the statutory limits placed on motions for summary adjudication in this instance. Additionally, Plaintiff's previous motion for summary adjudication was denied on the merits— thus she is not entitled to a second bite at the apple. In determining the previous motion, the Court properly applied the statutory limits set forth in Section 437c and found that the issue on which the Plaintiff was attempting to secure summary adjudication would not com...

Excerpt: ...ight to li
Ÿgate this ma
©er to the extent of Defendant Gary Lee Cooksey dba Cooksey Construc
Ÿon's “available” insurance proceeds – the Court Þnds that the ques
Ÿon of “availability” is not fully and fairly resolved such that the Court can approve the se
©lement as it currently stands. Here, the non-se
©ling party is arguably en
Ÿtled to conduct discovery in order to fully answer the ques
Ÿon of what insurance proceeds are “...

Excerpt: ...ood faith meet and confer herein. As set forth in Plaintiffs' counsel's reply in support of the motions, Defendant has served supplemental responses to the Plaintiffs' Requests for Production of Documents, Set One, and Plaintiffs anticipate "meeting and conferring on these issues." Counsel are encouraged to engage in substantive meet and confer efforts prior to the next hearing date and are reminded that civil discovery is intended to be self-exe...

Excerpt: ...ration is that Plaintiff is worried about Defendants' financial stabil-ty. There is no indication that Defendant is in a precarious financial situation or has refused without explanation to pay a disputed claim. To support a writ of attachment Plaintiff needs to allege more than that Defendant owes it money and hasn't paid Plaintiff should submit evidence of Defendant's "past dishonesty, failure to meet obligations, or concealment of assets." Wes...

Excerpt: ...days of the Court's order. The responses shall conÞrm that Pe
Ÿ
Ÿoner will produce all non-privileged documents responsive to Respondent's demands that are in his possession, custody, or control. Pe
Ÿ
Ÿoner shall also produce all non-privileged documents responsive to Respondent's Demand for Produc
Ÿon of Documents Nos. 1-25 and 27-46 that are in his possession, custody, or control within ten (10) days of the Court's order. Pe
Ÿ
Ÿoner sha...

Excerpt: ...When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notce of entry of the order and based upon new or different facts, circumstances, or law make application to the same judge or court that made the order, to reconsider the matter and modify, amend, re...

Excerpt: ...e to Mr. Broderick-villa's supplemental declaration on August 4, 2023. The Court has decided to consider Mr. Broderick-villa's supplemental declaration because Mr. Eighmey has had time to file a responsive pleading on the merits and because the Court wishes to rule on the merits. Ms. Vega claims that Strategic Legal Group's fees are being paid by adverse party Miguel Duran Jr., which constitutes a violation of California Rule of Professional Cond...

Excerpt: ...1, 2022, or January 1, 2023, and the action was filed on January 11, 2023. Defendant is mistaken as to the time when the action was filed. The Complaint, naming only Doe's, was filed on December 19, 2022, which was within the three-year statutory revival period as set forth in 340.1(q). Ten days later, on December 29, 2022, the Certificate of Merit required by Code Civ. Proc. section 340.1(g)(3) was filed, which was well within the 50 days allowe...

Excerpt: ...ication for an order has been made to a judge, or to a court, and granted ...any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The Motion does not comply with Code Civ. Proc. secton...

Excerpt: ... newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion. Defendant claims that since the first motion for summary judgment was filed, new facts have emerged which show that Mr. Amin did not exercise control over phases of the construction of the building, and the Court of Appeal has established a new standard for constructive notice of dangerous defects. However, the "newly disco...

Excerpt: ...rties to the marriage, and the Family Code does not address real property disputes involving third parties, as does this dispute. Therefore, a declaratory relief cause of achon involving not only the parties to the marriage but also a third party is properly before this Court. The Fourth Cause of Action for Breach of Fiduciary Duty This cause of action is asserted against Adam Vanderpool, but not Diane Neufeld. Family Code section 1101(a) provide...

Excerpt: ...rs, including, but not limited to, appointment notices, diagnoses, doctor's notes, bills, and correspondence, for pur physical, mental damage or emotional distress, since January 1, 2012. RFP No. 43 — For the health care practitioners identified in Interrogatory No. 5, a fully executed HIPAA Authorization for Release of Medical, Psychiatric, and/or Psychological Records, by you for all medical and associated billing records for visits and treat...

Excerpt: ...he status of the arbitration. Plaintiff Entered Into the Arbitration Agreement, and the Agreement Covers the Dispute A valid and enforceable agreement requiring the resolution of employment-related disputes through arbitration precludes the employee's right to pursue claims in the judicial context. Circuit City Stores, Inc. v. Adams (2001) 532 U.S. 105, 123. The only prerequisite for a court to order arbitration is a determination that the partie...

Excerpt: ...shall state the specific ground upon which the objection is taken and, if the objection is taken by answer, the specific facts upon which the objection is based. An objection may be taken on more than one ground, and the grounds be inconsistent. Defendant has not stated specific facts in support of any of its affirmative defenses. The defendant makes factually unsupported allegations, such as the County has not established a right to take the Pro...

Excerpt: ...fails to survive the statute of frauds, because the FAC is based on an alleged oral contract to purchase real property, which under Civil Code secton 1524(a)(3) is required to be in writing. However, an exception to the statute of frauds is the doctrine of partial performance, pursuant to which an oral agreement for the transfer of an interest in real property is enforceable when the buyer has taken possession of the property, and either makes a ...

Excerpt: ... by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The Motion does not comply with Code Civ. Proc. secton 1008(a), because plaintiff has not shown any new or different facts, circumstances or law. Pla...

Excerpt: ...ferred the three parcels to his daughters, and petitioner has not shown that Arnaldo did not have the authority to do so. As a result of Arnaldo recording the Affidavit of Surviving Spouse, the daughters' parcels were arguably Mr. Avila's separate property as a matter of law pursuant to Probate Code section 13540 (the property shall be free of the rights of the state of the deceased spouse or of the devisees or creditors of the deceased spouse to...

Excerpt: ...that interest accrues at the rate of 10% per year through December 31, 2022, and thereafter interest accrues at the rate of 5% per year. Thus, the judgment only accrued interest at the rate of 5% per year between January 1, 2023, and March 22, 2023. Therefore, the total interest is $7,831.46, not $7,861.41, and the total renewed judgment is $15,819.58, not $15,834.53. Plaintiff asks that the Court use a 10% interest rate through the date of the r...

Excerpt: ...f Tree Guys, would cut and/or trim some palm trees on certain real property in lieu of a cash payment so Tree Guys could store some tree cutting equipment at a yard owned by defendant Eagle Valley Investment. Declaration of Larry Buehner, paragraphs 2 and 3. Thus, it cannot be determined as a matter of law that Tree Guys did not owe a duty to plaintiff Brandon Garcia. Allis-Chalmers Corp. v. Superior Court (1985) 168 Cal. App. 3d 1155, dæs not m...

Excerpt: ...inistrator reports that all the distributions under the Settlement are complete and, if needed, an Amended Judgment is submitted to address distribution of any unclaimed funds in compliance with Code Civ. Proc. section 384. The settlement terms are as follows: (1) The settlement class is composed of all persons who are or were employed in California by defendant as non-exempt employees at any tme from March 5, 2017 through September 30, 2022 (app...

Excerpt: ...s not considered plaintiff's unauthorized Supplemental Reply filed on June 22, 2023. Code Civ. Proc. section 1048(a) provides for the consolidation of actions: When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to...

Excerpt: ...conference for Thursday, August 24, 2023, at 8:30 a.m. in Department 22. Clerk to give notice of the Court's ruling. Due to the amount of time which has elapsed since the entry of default judgment, the Court cannot grant relief pursuant to Code Civ. Proc. section 473(b), Code Civ. Proc. section 473.5, or Civil Code secton 1788.61. However, Civil Code section 1788.61(e) prov-des that 1788.61 shall not limit the equitable authority of the court or ...

Excerpt: ...hursday, July 13, 2023. a) Ms. Vega filed a Reply at 5:22 p.m. on Friday, June 16, 2023. According to the proof of service attached to the Reply, it was served by electronic mail and regular mail on June 15, 2023. On June 20, 2023, Ms. Yciano filed an objection to the Court considering the Reply because it was filed and served three days after the final day to file and serve as set by the Court on May 12, 2023. The Court was very clear at the hea...