Excerpt: ... case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. Mr. Salazar requests that the Court not enforce the settlement agreement because he did not sign it, and because he has now changed his mind. However, changing one's mind about a...

Excerpt: ...4, 2023. Defendant is ordered to prepare a Judgment of Dismissal. On January 5, 2023, the Court continued the hearing on defendant's Motion for Issue, Evidence and/or Terminating Sanctions and for Monetary Sanctions to March 2, 2023, and ordered plaintiff to serve verified responses to the discovery requests without objections by no later than Friday, February 4, 2023, or the Court may dismiss the action and impose additional monetary sanctions. ...

Excerpt: ...e counsel has shown that he met and conferred with plaintiff's counsel prior to filing the Demurrer, as required pursuant to CCP Section 430.41, but that counsel were unable to reach an agreement. Declaration of Jack D. Polales, paragraphs 3 and 4. Pursuant to CCP Section 430.41(e)(1), a complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable pos...

Excerpt: ...hat party from this waiver on its determination that the party has subsequently served a response that is in substantial compliance with CCP Sections 2033.210, 2033.220, and 2033.2030, and the party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. Pursuant to CCP Section 2033.280(b), the requesting party may move for an order that the genuineness of any documents and the truth of any matters spec...

Excerpt: ...tness fees) $175.00 (out of claimed costs of $8,520.69) Item No. 11 (court reporter fees) $17,007.38 Item No. 12 (models, photocopies) $1,402.20 Total Costs Allowed: $32,791.38 Pursuant to CCP Section 1033.5(c)(2)&(3), allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. Item No. 1 – Filing and Motion Fees If the court determines that CCP Section 1033.5 ex...

Excerpt: .... Fischer seeks summary judgment or, in the alterative, summary adjudication concerning respondents' Objection to First Account and Report as to the following issues: 1. Whether Mr. Fischer has expended funds from the Morgan Stanley account without an order of the Court thereby being in violation of the September 27, 2016 Order, which allegedly requires that the funds of the Trust held by Morgan Stanley shall remain blocked until a further order ...

Excerpt: ...well Shaw & Garcia, jointly and severally; b) Defendants' Motion to Compel Plaintiff's Responses to Supplemental Request for Production of Documents, Set One, Request for Sanctions – is GRANTED as to the request to compel production, and GRANTED IN PART as to the request for sanctions. Plaintiff Alicia Espinoza Hernandez is ordered to serve defense counsel with verified responses with no objections, and copies of the requested documents, by no ...

Excerpt: ...s ordered to appear and show that, as ordered by the Court on January 31, 2023, he gave notice of this continued hearing. Also, Mr. Bravo is ordered to explain the status of plaintiff Avishak Davoud, as to whom Mr. Bravo has not moved to be relieved as counsel. The court admonishes counsel and the parties to refrain from making unnecessary derogatory and inflammatory comments about each other and possible witnesses. Motions to be Relieved as Coun...

Excerpt: ...to trial is suspended, with the result that less than six months remains of the five-year period when the suspension ends, the action shall not be dismissed if the action is brought to trial within six months after the end of the suspension period. At the time the appeals were filed on September 17, 2020, the five-year deadline was set to expire on October 22, 2020, just over a month later. The remittiturs were issued on December 20, 2022, which ...

Excerpt: ...can compel arbitration as a third‐party beneficiary of the Sales Contract under the doctrine of equitable estoppel, pursuant to which a nonsignatory defendant may invoke an arbitration clause to compel a signatory plaintiff to arbitrate its claims when the causes of action against the nonsignatory are intimately founded in and intertwined with the underlying contract obligations. Felisilda v. FCA U.S. LLC (2020) 53 Cal. App. 5th 486, 495. In Fe...

Excerpt: ...relieved as counsel. Motions to be Relieved as Counsel are governed by Rule of Court 3.1362. Plaintiffs' counsel has complied with all the requirements of this Rule. Plaintiffs' counsel has filed the completed mandatory judicial council forms for a Notice of Motion and Declaration, and has submitted a Proposed Order. Plaintiff's counsel has confirmed plaintiffs' address within the past 30 days by conversation and has timely served plaintiffs at t...

Excerpt: ...ides as follows: Whenever a party in a civil action knows or learns that the action or proceeding is related to another action or proceeding pending, dismissed, or disposed of by judgment in any state or federal court in California, the party must serve and file a Notice of Related Case. Pursuant to CRC 3.300(e), the Notice of Related Case must be served and filed no later than 15 days after the facts concerning the existence of related cases bec...

Excerpt: ...n agreement can be reached that would resolve the objections to be raised in the demurrer. Defense counsel did not attempt to contact plaintiff's counsel until the day before the Demurrer was filed. Amaral Declaration, page 2, paragraph 3. While this was not timely, there was a good reason for this delay in that plaintiff's counsel had filed ex parte applications attesting to his medical issues. Id. at paragraphs 2 and 3. In any event, counsel we...

Excerpt: ... County, the Court is not prepared to conclude that Defendant has carried its burden under Code Civ. Proc. §397(b) at this time. Therefore, the Court chooses to follow the procedure which was approved by the appellate court in People v. Mackey (2015) 233 Cal.App.4th 32, deferring ruling on the instant motion until voir dire has commenced and the Court is able to assess whether the responses of potential jurors confirm the defense's assertions wi...

Excerpt: ...ms 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 time from March 5, 2017 through September 30, 2022 (approximately 2,615 persons); (2) The maximum settlement amount is $1,900,000.00; (3) Attorney's fees of $665,000.00 (35% of the maximum settlement amount); (4) $20,000.00 for costs and expenses; (5) An enhancement payment to the class repres...

Excerpt: ...6. Therefore, the Court finds that the pleading does not state facts sufficient to support a claim pursuant to Penal Code §496(c). Moreover, in light of the applicable law, the Court finds that the Plaintiff has failed to demonstrate that he is capable of amending the pleading to assert a viable claim in this context. Therefore, leave to amend is denied. ...

Excerpt: ...nsel Lawrence Knapp and defendant's counsel David Johnston are ordered to meet and confer in good faith by no later than Friday, January 21, 2023, to choose a date, time, and location for the taking of the deposition of Kevin Amin. CCP Section 2025.450(a) provides, in pertinent part, as follows: If, after service of a deposition notice, a party to the action… without having served a valid objection under Section 2025.410, fails to appear for ex...

Excerpt: ...on within 10 days after service of entry of the order granting relief from dismissal, pursuant to CCP Section 1008, instead of a demurrer. However, the Court is not limited to the restrictions of CCP Section 1008 but can reconsider its own rulings sua sponte. The language [of Section 1008] chosen by the Legislature strongly suggests it intended to restrict the actions of parties in bringing motions to reconsider, but did not contemplate restricti...

Excerpt: ...public sale of the Mobilehome. The Court enters judgment in the amount of $5,279.00 plus costs of $225.00, for a total judgment of $5,504.00 in favor of petitioner Country Western Mobile Home and RV Park LLC and against respondents Jerry Elmore, Gloria Keeney, Thomas Snow, and Neoma Snow, jointly and severally. Petitioner will be awarded attorney's fees according to proof submitted at the hearing. Petitioner has satisfied the requirements of Civi...

Excerpt: ...aken against a party based on mistake, inadvertence, surprise, or excusable neglect. The pertinent provisions of the statute provide as follows: (b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied b...

Excerpt: ...l Defendant to Provide Responses to Special Interrogatories, Set One, and Request for Monetary Sanctions in the Amount of $5,040.00 Against Defendant – GRANTED; d) Plaintiff's Motion to Compel Defendant to Provide Written Responses and Documents to Request for Production of Documents, Set One, and Request for Monetary Sanctions in the Amount of $5,040.00 Against Defendant – GRANTED. a‐c) The Court finds that the requests were properly elect...

Excerpt: ...s, orders, or other proceedings based on mistake, inadvertence, surprise or excusable neglect. The pertinent statutory language is as follows: (b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by ...

Excerpt: ...lidate must list all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record, contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first, and be filed in each case sought to be consolidated. The notice of motion does not list the caption of the two cases with the lowest numbered case listed first, and the notice of motion has not been f...

Excerpt: ... substance of the objection, and whether the objection relates specifically only to allegations made in the supplement. In fact, respondent does not indicate when the supplement was even filed. It appears that no actual “supplement” was filed. An attorney declaration was filed on March 16, 2022, attaching Exhibits A through D, which were missing from the original petition. The objection is as to several paragraphs of the “supplement” (i.e...

Excerpt: ...inancial information is only discoverable when such information is directly relevant to the issues of the ongoing litigation or essential to the fair resolution of the lawsuit. Britt v. Superior Court (1978) 20 Cal. 3d 844, 859. Specifically, as to Special Interrogatories 87 – 119, Requests for Admission 14 and 15, and Requests for Production 51 – 59, which concern loans between Moody and the Sandhu defendants, this information is not directl...