Excerpt: ... penalty of $ 1,000 to the State Bar of California's Client Security Fund. (Code Civ. Proc., § 473, subd. (c)(1)(B).) Counsel is directed to lodge a formal proposed order for the Court's signature. The Court sets a mandatory appearance case management conference/trial s etting conference for A DATE IN DECEMBER in Department 21. Counsel for the moving party to give notice of the Court's ruling. This personal injury action arises from a slip -...

Excerpt: ...ael and Sherri Lazelle sue MVHOA, California HOA Solutions, LLC, WAISBREN, FREEMAN, and Philadelphia Insurance Company, and Does, asserting the following causes of action: (1) Breach of Bylaws & CC&R's, Davis -Sterling Act (2) Breach of Fiduciary Duties (3) Fraud and Dec eit (4) Failure to Allow Inspection of Records (5) Violations of Corporations Code (6) Negligence (7) Discrimination and Retaliation (ADA, Federal Fair Housing Act) (8) Malpracti...

Excerpt: ...tion of Busin ess Records is GRANTED. (Code Civ. Proc., §§ 2025.480.) Defendant's Request for Sanction is GRANTED. AP Construction Group is ordered to pay sanctions to Defendant in the amount of $650.00, payable within 30 days. On July 11, 2024, GAIC issued a Deposition Subpoena for Production of Business Records (“Subpoena”) to AP Construction. GAIC requested categories of documents that were related to the Project and as it related to Sup...

Excerpt: ...gen's First A mended Complaint is SUSTAINED as to all causes of action. As for the first and second causes of action, a general deposit made with a bank cannot, as a matter of law, form the basis for a viable claim of conversion or theft. (See Morse v. Crocker Nat. Bank (1983) 142 Cal.App.3d 228, 232.) As for the third cause of action, the applicable terms of the applicable Consumer Account Agreement afforded Defendant the broad right to freeze a...

Excerpt: ...ollowing Plaintiff Maria Quirino's Supplements Responses as required by Code of Civil Procedure, section 2031.310, subdivision (b)(2), prior to the filing of this motion. The parties are required to file 15 court days before the continued hearing, a Joint Statement informing the Court of the production requests still at issue followi ng the meet and confer. *** This matter is set for an MSJ on October 11, 2024, and a 12 -15 -day Jury Trial on Dec...

Excerpt: ...was filed. H owever, the court notes that RFPs 99 and 100 do not strictly comply with Code Civ. Proc., § 2031.220. GRANT an order for defendants to provide a further responses to RFPs 99 and 100 that state whether the compliance is “in whole or in part.” If the former, then defendants must also state that “all documents or things in the demanded category that are in the possession, custody, or control of that party [] will be included in t...

Excerpt: ...s. If appeari ng by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a si...

Excerpt: ...uired to file an updated [Proposed] Order – Plaintiff's Motion for Attorney's Fees and Costs, which reflects this court order within 10 days of this ruling. On March 19, 2021, Plaintiff Miracle Mile Properties, LP (“Plaintiff”) filed a Complaint for Damages against Def endants Nick Sklavenitis and Kostas Kapnisis (“Defendants”), alleging causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair d...

Excerpt: ...ter than 30 days. Due to Plaintiff's failure to show good cause regarding the document demands contained in the deposition notice, Defendant need not produce any documents at the time of the deposition. Plaintiff's request for monetary sanctions is GRANTED in the full -requ ested amount of $1500.00 to be paid by Defendant within 30 days. Counsel for the moving party to give notice of the Court's ruling. This lemon law action arises from Alejandra...

Excerpt: ...=f appearing by CourtCall, call in no later than 8:30 a.m. =f you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of th e hearing will not be granted. No exceptions will be made. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a simul...

Excerpt: ...t to appear is required. =f you wish to submit on the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all co unsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include...

Excerpt: ...d (2) OVERRULED. Defendant's objections to the moving declaration of Kirk Rodby are ruled upon as follows: (1) OVERRULED; (2) OVERRULED; (3) OVERRULED; and (4) OVERRULED. For the purposes of this Motion only, Plaintiff 's Undisputed Material Facts (“UMFs”) n os. 1, 2, 3, 4, 5, 6, 9, 18, 30, 40, 41, 48, 72, and 73 are undisputed. UMFs nos. 12, 13, 22, 23, 31, 33, 34, 51, 52, 61, and 62 are disputed and established. UMFs nos. 7, 8, 10, 11, 14, ...

Excerpt: ...RRULED; (2) OVERRULED; (3) OVERRULED; (4) OVERRULED; and (5) OVERRULED. For the purposes of this Motion only, Defendant's Undisputed Material Facts (“UMFs”) nos. 1, 2, and 3 are undisputed. UMFs nos. 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 2 2, 23, 24, 25, 26, 27, 28, 29, and 30 are disputed and established. UMFs nos. 31 through 189 are duplicative of UMFs nos. 1 through 30. For the purposes of this Motion only, Plai...

Excerpt: ...tions of Service agreement (“Consent Agreement”); and (ii) Passages fails to satisfy its burden of demonstrating that Plaintiff's purported electronic signature on the Consent Agreement is authentic. (Ruiz v. Moss Bros. Auto. Group, Inc. (2014) 232 Cal.App.4th 836, 845- 846 [the party seeking to compel arbitration bears the burden of proving that a disputed signature on an arbitration agreement is authentic].) In particular, the declaration o...

Excerpt: ...t that by its terms is not to be performed within a year from the making thereof.” (Civ. Code, § 1624, subd. (a)(1); see Bed, Bath & Beyond of La Jolla, Inc. v. La Jolla Village Square Venture Partners (1997) 52 Cal.App.4th 867, 875 [writing must be signed by party to be char ged].) The cases cited by Plaintiff in Opposition do not relate to the Statute of Frauds and are inapplicable. Nevertheless, “[t]he section of the Restatement Second of...

Excerpt: ...il Procedur e section 430.20. Pursuant to Code of Civil Procedure section 430.20, a Plaintiff to file a demurrer on the following grounds: (a) The answer does not state facts sufficient to constitute a defense; (b) The answer is uncertain.; and (c) Where the answer pl eads a contract, it cannot be ascertained from the answer whether the contract is written or oral. The demurrer filed by Plaintiff is not based on any of these permitted grounds. ...

Excerpt: ...OVERRULED; (4) Giaqu into Decl., ¶ 9, Exh. H – SUSTAINED on the grounds of inadmissible hearsay; (5) Giaquinto Decl., ¶ 10, Exh. I – SUSTAINED on the grounds of inadmissible hearsay; (6) Giaquinto Decl., ¶ 11, Exh. J – SUSTAINED on the grounds of inadmissible hearsay; and (7) Giaquinto Decl., ¶ 12, Exh. K – SUSTAINED on the grounds of inadmissible hearsay. The Court rules on Plaintiffs' evidentiary objections to the moving declaration...

Excerpt: ...call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No ex ceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice t...

Excerpt: ... If appearing by CourtCall, call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the he aring will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative...

Excerpt: ...y CourtCall, call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can ...

Excerpt: ...If appearing by CourtCall, call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearin g will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ...

Excerpt: ...aring by CourtCa ll, call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling ...

Excerpt: ...ot equipped for Zoom. If appearing by CourtCall, call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the mor ning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to su...

Excerpt: ...than 8:15 a. m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions wil l be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice to Judge Riley...

Excerpt: ...l be opened before the c alendar is called. The Court allows appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respec...