Excerpt: ...o response to the motion has been filed. Plaintiff previously obtained an order from the court deeming matters admitted. The prior order and the moving papers are sufficient to establish that Plaintiff's Complaint is sufficient to state a cause of action against Defendant and that Defendant cannot state facts sufficient to assert any viable defense. Accordingly, Plaintiff is entitled to recover judgment on its Complaint against Defendant Claudia ...

Excerpt: ...or personal injury damages arising from an accident on September 11, 2015 (See Complaint, Attachment MV-1.) Defendants demur asserting all of Plaintiffs' claims are barred as a matter of law by the two year statute of limitations under CCP 335.1. Plaintiffs have not made any showing that they can assert facts sufficient to show their claims are not statutorily barred. Accordingly, leave to amend is appropriately denied. If no one requests oral ar...

Excerpt: ...admitted. Mr. Zarabi shall also pay monetary sanctions under CCP § 2023.030 and §2033.280(c) in the amount of $460.00 within thirty days from the notice of this ruling. The Court notes that this discovery motion was timely noticed and served on defendant Zarabi at the address of his counsel as identified in his answer to plaintiff's complaint The Court has not received any response from defendant to this discovery motion. Exhibit “A” to the...

Excerpt: ...following findings: 1. Under the Preliminary Approval Order, the Notice of Class Action Settlement (hereinafter referred to as the "Notice") was mailed to all members of the Class by first-class U.S. mail. The Notice informed the Class of the terms of the Settlement, of their right to receive their proportional Settlement Payment, of their right to request exclusion from the Class and the Settlement, of their right to comment upon or obje...

Excerpt: ... includes the amount of $960.00 as attorneys' fees under CCP 1717.7(c). Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Defendant's moving papers are sufficient to establish Defendant was the prevailing party in this action to recover on an open book account. Defendant is entitled to recover as costs his reasonable attorneys' fees not to exceed $960.00. (CCP 1717.7(c).) Defendant...

Excerpt: ...fficient to show the settlement between Woodside Homes and Talons Landscape Development, Inc. was made in good faith and is reasonable under CCP 877.6 and Tech Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488. If no one requests oral argument, the court is prepared to sign the form of order lodged by Movant. ...

Excerpt: ... when a third party purchased the property through escrow which closed on or about January 3, 2018 shortly after this action was commenced in December of 2017. As a result of the property sale, the only issue remaining between the parties is whether Plaintiff is entitled to recover from Defendants some portion of the amounts Defendants were paid out of escrow for the release of their liens. In no event will any determination by this court in this...

Excerpt: ...ble to locate Respondent to effectuate personal service. Notice has been posted at the subject property in Exeter and notice has been mailed to Respondent's last known address in the People's Republic of China. No response to the petition or to the motion has been filed. Petitioner has not received any contact from Respondent. The petition and motion involve commercial real property in Exeter which appears to have been abandoned. The property has...

Excerpt: ... includes the amount of $960.00 as attorneys' fees under CCP 1717.7(c). Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Defendant's moving papers are sufficient to establish Defendant was the prevailing party in this action to recover on an open book account. Defendant is entitled to recover as costs his reasonable attorneys' fees not to exceed $960.00. (CCP 1717.7(c).) Defendant...

Excerpt: ... when a third party purchased the property through escrow which closed on or about January 3, 2018 shortly after this action was commenced in December of 2017. As a result of the property sale, the only issue remaining between the parties is whether Plaintiff is entitled to recover from Defendants some portion of the amounts Defendants were paid out of escrow for the release of their liens. In no event will any determination by this court in this...

Excerpt: ...ble to locate Respondent to effectuate personal service. Notice has been posted at the subject property in Exeter and notice has been mailed to Respondent's last known address in the People's Republic of China. No response to the petition or to the motion has been filed. Petitioner has not received any contact from Respondent. The petition and motion involve commercial real property in Exeter which appears to have been abandoned. The property has...

Excerpt: ... (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers all matters which properly may be judicially noticed. (Blank v. Kirwan (1985) ...

Excerpt: ...g the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of ...

Excerpt: ... to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading. (1) As part of the meet and confer process, the m...

Excerpt: ...t 10:00 a.m. at 729 N. Medical Center Drive #101-West, Clovis, Ca. 93611. OPERATIVE FACTS This action arises out of injuries sustained in two separate and distinct motor vehicles that occurred on November 6, 2015 and March 10, 2017 respectively. As a result of these two accidents, plaintiff Sabra Galloway claims injuries including a neck injury, 3 fractured ribs, a fractured clavicle, left hand pain, left shoulder pain, and left foot pain. Defend...

Excerpt: ...t 10:00 a.m. at 729 N. Medical Center Drive #101-West, Clovis, Ca. 93611. OPERATIVE FACTS This action arises out of injuries sustained in two separate and distinct motor vehicles that occurred on November 6, 2015 and March 10, 2017 respectively. As a result of these two accidents, plaintiff Sabra Galloway claims injuries including a neck injury, 3 fractured ribs, a fractured clavicle, left hand pain, left shoulder pain, and left foot pain. Defend...

Excerpt: ...g the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of ...

Excerpt: ... to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading. (1) As part of the meet and confer process, the m...

Excerpt: ... (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers all matters which properly may be judicially noticed. (Blank v. Kirwan (1985) ...

Excerpt: ...udicial Notice is granted as to Items 1-6 of plaintiff's Request for Judicial Notice under Evidence Code §452(d). Plaintiff's Request for Judicial Notice is granted as to Item #7 of plaintiff's Request for Judicial Notice only as to the date of filing of the documents on file with the Court for this action and as to minute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that appear in the C...

Excerpt: ... being filed. Plaintiff's Request for Judicial Notice is granted as to Exhibits “JN 1” and “JN 2” under Evidence Code §452(a) and §452(b) OPERATIVE FACTS Plaintiff AEB's complaint alleges that within the last four years Dolan and USI became indebted to AEB for goods, wares, and merchandise obtained from AEB at Dolan and USI's request under a line of credit that Dolan and USI had obtained. Dolan and USI applied to AEB for a credit card a...

Excerpt: ...ion that supports compliance with §430.41(a)(3) as set forth in this ruling. If the moving party has complied with CCP 430.41 as set forth herein, the Court will publish a tentative ruling that addresses the merits of this demurrer on the day before the continued hearing date. In the event of non-compliance, defendant Sepulveda's demurrer will be overruled on those grounds. Any party that demurrers to a pleading must comply with the mandatory pr...

Excerpt: ...m of $3,219.50 from Defendants plus attorneys' fees in the sum of $1,830.00 for a total of $5,049.50. Plaintiff brings this action under the Mobilehome Residency Law. (Civil Code 798 et seq.) Plaintiff seeks an order determining the subject mobilehome abandoned and an order permitting a public auction of the mobilehome as provided in the statute. Proof of service in the file indicates that notice of the Petition has been given by mail and by post...

Excerpt: ...1016. Plaintiff was hit on the head by a baseball thrown by another student. Plaintiffs allege that a negligent failure to supervise the students on the playground resulted in this injury. The matter has been pending since March 22, 2017 and the trial has been continued twice. The minor was examined by Dr. Jacqueline Harris-Groeber on December 3, 2017. She recommended that plaintiff seek further examination from a neurologist. Defense counsel lea...

Excerpt: ...revailing party after court trial in this action. This was an action on a contract containing an attorneys' fees provision and Plaintiff is entitled to recover reasonable attorneys' fees pursuant to Civil Code 1717(a). The declaration filed in support of the motion indicates fees actually billed to Plaintiff amount to $61,140.00. The court finds this represents reasonable attorney's fees for this straight forward collection matter which was heard...