Excerpt: ...ck Trust Note, Judy Trust Note and Security Agreement, as well as an undertaking. (Code of Civil Procedure §512.060.) With regard to the issue of valuation as it pertains to the amount of the undertaking required by Code of Civil Procedure §515.010 et seq., the information presented in the application demonstrates that the sum claimed by Plaintiffs from Defendants is less the value of the collateral by an estimated $289,904.00. Plaintiffs are t...

Excerpt: ...hat a jury trial is a matter of right in a civil action at law, but not in equity. (Cal. Const. Art. 1, § 16, Caira v Offner (2020) 126 Cal.App.4th, 12. In addition, a minority shareholder's action for damages for the breach of fiduciary duties of the majority shareholder is one in equity, with no right to a jury trial. (Nelson v. Anderson, (1999), 72 Cal. App. 4th 111). Furthermore, there is no state constitutional right to jury trial of shareh...

Excerpt: ...blished the absence of a triable issue of material fact regarding Defendant's said indebtedness to Plaintiff. Therefore, Plaintiff is entitled to entry of summary judgment in its favor herein in the sum of $7,489.76 being principal of $666.26 and costs of $823.50 (Code of Civil Procedure §473 (c)). Accordingly, the Court hereby GRANTS judgment in favor of Plaintiff American Express National Bank. and against Defendant Iris Saberola in the instan...

Excerpt: ...rial fact on the issue of whether Defendant/Cross Defendant, California Materials Inc., has an express contractual duty to defend Teichert Construction, and by extension CALTRANS, against the claims being asserted in this action in Plaintiff's Second Amended Complaint. (Code of Civil Procedure §437c(f)(1), Code of Civil Procedure, §§ 2772 & 2778. In the absence of any opposition by Defendant, California Materials Inc., the Court finds that no ...

Excerpt: ...tillo, Moriarty, Tran and Robinson – a) The Court finds that Plaintiff may elect to have her deposition held remotely. Further, any party or Counsel may, but is not required to be physically present at the location of the deponent. (Cal. Civ. Proc. Code § 2025.310). The Court further finds that due to Plaintiff's use of oxygen, her general health, her doctor's recommendations for a remote deposition to preserve her health as well as the Execut...

Excerpt: ...Court further finds that no meet and confer was required between the parties where, at the time of filing the motion, no responses had been provided by Plaintiff/Cross Defendant. (See Dmyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395; St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 777‐778). Since the filing and service of the instant motion Plaintiff/Cross Defendant has filed and served Responses to said Request for...

Excerpt: ...l originated from Plaintiff's work as an anesthesiologist with Memorial Medical Center. The Court also finds that Plaintiff's employment with Memorial Medical Center is so interwoven with his employment contract with Gould Medical Group that Plaintiff cannot be reinstated with Memorial Medical Center without being reinstated with Gould Medical Group. Accordingly, the Court finds that Plaintiff's claim for reinstatement with Gould Medical Group is...

Excerpt: ...ne's December 2019 decision includes a finding that MID's 2016 rates were “unlawful” – “the Court has not determined whether MID's electric rates exceeded its costs”. Obviously, both statements cannot be true. In the Court's view, Judge Beauchesne's decision did conclude that MID's rates were unlawful – and constitute an improper tax. While Judge Beauchesne mentioned two specific facts in support of this conclusion – a reported $2.6...

Excerpt: ...n (15) days of signing same but failed to do so thereby breaching said agreement. The Court further finds that Plaintiff waived said breach by subsequently arranging with Defendant to retrieve said items on 9/15/22 (Whitney Inv. Co. v. Westview Dev. Co, (1969) 273 Cal. App. 2d 594). Accordingly, on 9/15/22 P should have delivered all items agreed upon in 2.e.1‐8 of said Settlement Agreement to Defendant. The Court also finds that under said Set...

Excerpt: ...in respect of Lara 1, as well as in respect of the Dismissal with Prejudice subsequently filed therein. (Probate Code § 50, Garcia v. Rehrig Int'l, Inc., (2002) 99 Cal. App. 4th 869). The Court further finds that Plaintiff's claims herein are precluded by the Settlement Agreement and dismissal with prejudice entered in Lara 1. Plaintiffs herein cannot state facts sufficient to constitute a case of action as they are estopped from doing so. As it...

Excerpt: ...September 9, 2022 minute order requiring Plaintiff to retain a lawyer and file a First Amended Complaint by November 7, 2022, in the absence of which Plaintiff was required to provide a declaration under penalty of perjury explaining the basis of said failure. Plaintiff has failed to retain a lawyer, failed to file a First Amended Complaint and failed to provide an explanatory declaration. Accordingly, Defendants' Motion to Dismiss is hereby GRAN...

Excerpt: ...o be premature for failure to participate in mediation and for failure to demonstrate good faith participation in the arbitration ordered by the Court in its minute order of January 3, 2022. (Weiler v. Marcus & Millichap Real Estate Investment Services, Inc (2018) 22 Cal. App. 5th 970, 981.) Should Plaintiff subsequently elect to refile the instant application, the Court will require Plaintiff to demonstrate the inability of Plaintiff's estate to...

Excerpt: ... Defendant Lodi Memorial Hospital Association Inc dba Adventist Health Lodi Memorials' Motion to Strike Portions of the Complaint – MOOT. a) The Court finds the allegations of the First Cause of Action for Elder Abuse are insufficient at the pleading stage to state the challenged cause of action. In addition, the First Cause of Action for Elder Abuse is uncertain in that the Complaint does not distinguish between the two named defendants with r...

Excerpt: ...properly propounded Form Interrogatories, Set One and Requests for Production of Documents Set One constitutes misuse of the discovery process and warrants discovery sanctions. (Miranda v. 21st Century Ins. Co. (2004), 117 Cal.App.4th 913). The Court also finds, considering the length of time over which Defendant has willfully failed to comply with the Court's order (5 months), that lesser sanctions would be ineffective. (Department of Forestry &...

Excerpt: ...errupted possession, hostile to the true owner and under a claim of title for 5 years. (Sevier v. Locher (1990) 222 Cal App. 3d 1082 citing Gilardi v. Hallam (1981) 30 Cal. 3d 317, 321). The Court further finds that the defects in Plaintiff's pleadings are incurable at present as Plaintiff is no longer in possession of the subject property and the delinquent property taxes have been paid by Defendant. Defendant's demurrer is hereby accordingly su...

Excerpt: ...urt explicitly finds that Plaintiff Harpreet Dhaliwal's opposition to this motion to compel was unjustified. As evidenced by Plaintiff's provision of further responses to the requests for production on October 12, 2022, it is clear that Plaintiff's original responses were inadequate and not code‐ compliant. While the Court appreciates Plaintiff's willingness to admit as much and provide supplemental responses, where a motion to compel is necess...

Excerpt: ...ourt's jurisdiction with regard to party applications for reconsideration or renewal. (Code Civ. Proc., § 1008(c).) Second, the Court's inherent power to reconsider its own rulings and decisions sua sponte does not survive entry of judgment and finality. (APRI Ins. Co. v. Superior Court (1999) 76 Cal.App.4th 176, 181 [court loses jurisdiction to rule on a pending motion for reconsideration after entry of judgment and it is immaterial that the mo...

Excerpt: ...ce of Motion, was filed on August 23, 2022. Counsel for Defendants declaration attaches exhibits that only unilaterally confirm an extension on the forty‐five (45) time limit to compel further responses applicable to both motions through July 28, 2022. Even then, a stipulation to extend the 45 day time limit “on or before any specific later date to which the propounding party and the responding party have agreed in writing.” (Code Civ. Proc...

Excerpt: ...1, Defendant shall accordingly provide further substantive responses to same. Plaintiff's request for further responses to Form Interrogatory 17.1 is hereby denied for failure to comply with California Rule of Court 3.1345(c)(5) Plaintiff did not include in the accompanying separate statement, Defendant's verbatim responses to Plaintiff's request for admissions. Monetary sanctions of $1460 are awarded against Defendant and his Counsel of record G...

Excerpt: ... for Admission, Set One, within the next ten (10) days. The Court explicitly finds that Plaintiff Pauline Doan's opposition to this motion to compel was unjustified. If Plaintiff is indeed incapacitated and unable to respond to discovery (a fact which was not established by the evidence Plaintiff submitted in opposition to the motion), it is Plaintiff's counsel's duty to determine how best to advance Plaintiff's claims herein. But if Plaintiff ch...

Excerpt: ... Inc. v. Moriana upon the Court's finding of a valid enforceable arbitration agreement between the parties. (Viking River Cruises Inc. v. Moriana (2022)142 S.Ct. 1906). Accordingly, Plaintiff's individual PAGA claim is hereby ordered to arbitration. However, the Court finds that the issue of whether Plaintiff retains any ability to pursue a representative PAGA claim despite the existence of the arbitration agreement appears to be an open question...

Excerpt: ...e names of and information related to Defendant's former pupils and employees. Defendant's students are further protected from the disclosure of said information by the California Education Code §§ 49075 and 49077. Plaintiff's motion for further responses to Form Interrogatories, Set 1, is GRANTED as to 12.2, 12.3, 12.6, 12.7, 14.2 and 17.1, and DENIED as to 12.4 and 12.5 on the grounds of work product and attorney client privilege. Further, an...

Excerpt: ...etween Plaintiffs and Central Valley Nissan that Defendant may rely on the doctrine of equitable estoppel to compel arbitration between Plaintiffs and Defendant. Proceedings herein are accordingly stayed pending completion of arbitration. Defendant's Request for Judicial Notice is GRANTED. The Court acknowledges that Defendant did not demand arbitration pursuant to code, however, resolving the motion based on this point would be a fruitless endea...

Excerpt: ...ended Cross‐Complaint of Nirmal Singh and Ks Chandi; b) Defendants Nirmal Singh, Prabhjot Singh, Matthew Bradford, Marc Robinson & Robinson Bradford LLP's Special Demurrer to Causes of Action 1 Through 8; c) Plaintiffs Kevin Doan, Pauline Doan and Harpreet Dhaliwal's Motion to Quash Subpoena to First American Title – This is an action for corporate mismanagement brought by the majority shareholders against a corporate officer (and minority sh...

Excerpt: ...lure to meet and confer in good faith; Request for Monetary Sanctions in the Amount of $690.00; c) Plaintiff Doctors Medical Center of Modesto, Inc.'s Motion to Compel Further Responses from Defendant, Tiger Lines, LLC to Special Interrogatories, Requests for Admission, Requests for Production of Documents, and Form Interrogatories, Set One; Request for Monetary Sanctions in the Amount of $6,200.50 – DROPPED on the Court's own motion due to the...