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: ......

Excerpt: ... Act's requirements does not constitute excusable neglect. Instead, a claimant asserting that their failure was a result of excusable neglect bears the burden of affirmatively demonstrating that the claimant's failure to timely present a claim was “objectively reasonable and occurred despite reasonable diligence on the claimant's part.” Petitioner fails to bear that burden here. Her failure to even consult an attorney until eleven (11) months...

Excerpt: ...bmits a judgment dated March 3, 2008, as the basis for its claim. However, that judgment has expired, pursuant to Code of Civil Procedure section 683.020, and therefore, it cannot be enforced. Both Claimants may file supplemental pleadings addressing these issues not later than July 13, 2018. ...

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. ...

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.) ...

Excerpt: ...lacks standing to appear. In addition, the opposition brief submitted on behalf of Mr. Epps was untimely. (Code Civ. Proc. §1005(b).) ...

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: ...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: ...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: ...ys of the hearing of this matter. The Court further orders that the hearing date on the Court's Motion to Dismiss is continued, on the Court's own motion, to August 22, 2018 at 8:30 a.m. in Department 23. ...

Excerpt: ...additional documents were produced by Defendant after the instant motion was filed. Under the circumstances, it appears to the Court that, with additional time and effort, the disputed issues may be resolved by mutual good faith. Therefore, the matter is continued and the parties are instructed to file a Joint Status Statement no later than 5 court days before the continued hearing date. The Joint Status Statement should explain the parties' furt...

Excerpt: ... action has the power to bring before it all necessary parties, to litigate all issues, and to grant all relief to which any parties might be entitled. (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 786- 788.) Therefore, an interlocutory judgment shall be entered in favor of Defendant WIS International herein to the effect that no trial of other issues shall be had until final determination of Case No. RIC 1801185. (Code Civ...

Excerpt: ... action has the power to bring before it all necessary parties, to litigate all issues, and to grant all relief to which any parties might be entitled. (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 786- 788.) Therefore, an interlocutory judgment shall be entered in favor of Defendant WIS International herein to the effect that no trial of other issues shall be had until final determination of Case No. RIC 1801185. (Code Civ...

Excerpt: ...e SUSTAINED, without leave to amend, for failure to state facts sufficient to constitute a cause of action. Therefore, the Court is sustaining Defendant Kuhn's Demurrers No. 1, 2, and 4. Defendant's other demurrers are therefore MOOT. Plaintiff has been granted several opportunities to state a cause of action against Defendant Kuhn under any theory and has failed to do so. The facts here are not in dispute – and of course the Court assumes them...

Excerpt: ...s) and that was entered into by and between an Association (defined as “a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development as defined in Civil Code section 4080) and any Developer(s) involved in the development and/or construction of the common interest development managed by the Association. Further, only settlement agreements meeting this definition and dated after 1/1/09 ar...

Excerpt: ...oes not factually dispute the first issue addressed in Defendant's motion – which the Court may therefore address as a matter of law. However, the Court remains of the opinion that “trail immunity” as set forth in Government Code section 831.4 does not apply to the dangerous condition Plaintiff alleges here – which is the “washout hole” in the lawn near the sidewalk. As in Toeppe v. City of San Diego (2017) 13 Cal.App.5th 921, the Cou...