Excerpt: ...in the amount of $2,714.49. The Motion is GRANTED as to item 8b of the Memorandum of Costs Worksheet. The Court finds that Defendant's section 998 offer in the amount of $0 was but an unreasonable, “token” offer that was not made in good faith. Accordingly, Defendant i s not entitled to recover his expert witness fees against Plaintiff. Thus, this item is taxed in the full amount of $71,127.50. Motion is DENIED as to all remaining items. Def...

Excerpt: ...is GRANTED. Def endant's Motion to Compel Plaintiff's Responses to Requests for Production of Documents, Set Two is GRANTED. Defendant's Motion to Deem Matters Admitted against Plaintiff is GRANTED. Plaintiff Margie Smith is ordered to serve Defendant with her Code -compli ant and objection -free initial responses and document production in response to each and all of the subject interrogatories and requests for production by no later than 30 day...

Excerpt: ...al and Medi cal Center and Sherwood Oaks Post Acute, relating to Plaintiff's claims about the development and exacerbation of pressure ulcers while in defendants' care between December 3, 2021, and February 17, 2022. Heritage Provider Network, Inc. v. Superior Court, (2008) 158 Cal. App. 4th 1146, 1153. The Court exercises its discretion to issue a stay of all proceedings pending completion of arbitration between Plaintiff and Sherwood Oaks, as t...

Excerpt: ...rom this a mount if the award of attorney's fees of $56,680.07 and a 0.1 enhancement of $5,668.00 as the case was on contingency and sought to enforce a statutory right. The court defers ruling on Plaintiff's request for an award of costs and expenses until Defendan t 's Motion to Tax Costs is heard on July 16, 2024. The Complaint was filed on 8/31/20 and the First Amended Complaint (“FAC”) on 1/8/21. The FAC was filed by Plaintiff Jerry Ka...

Excerpt: ...�nds that the mandatory relief provision applies in this instance where the action was dismissed following Plaintiff's failure to oppose the underlying demurrer or file an amended complaint within the time allowed by the Court. (See Pagnini v. Union Bank, N.A. (2018) 28 Cal.App.5th 298.) Plaintiff's counsel, Mainak D'Attaray, has submitted an attorney declaration of fault. However, the Court finds that this declaration lacks credibility. Furthe...

Excerpt: ...e a Notice a s well as the Motion fails to state the basis for the motion and the relief sought. Plaintiff also seeks monetary sanctions of $3,615.00 pursuant to Code Civ. Proc., § 2030.290 (interrogatory 17.1) and § 2033.290 (RFAs). Code Civ. Proc., § 2023.040, provides further: A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanct...

Excerpt: ...erminating Sanction. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 487; Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796- 797.) Plaintiff has failed to comply with the Court's November 6, 2023 Order. In light of Plaintiff's continuing pattern of evasiveness, the Court finds that no less severe sanction would be effective under the circumstances. No additional monetary sanctions will be awarded as a terminating sanction is ...

Excerpt: ...ment. The C OURT'S only reservation in granting approval is that a copy of the proposed Class Notice (“Exhibit A to executed Settlement Agreement”) was not included with the Executed Settlement Agreement. As the Court wants to review the notice, a brief continuance of the hearing is probably appropriate. A hearing on final approval of the class action settlement is set on __________ (most likely set for a 3 -month date the timeframes for not...

Excerpt: ...20 days of the date of the notice of ruling. The Complaint was filed on January 12, 2024, by Plaintiffs Joseph Jimenez and Rosemary Perez (“Plaintiffs”) against Defendant Janell Beck (“Defendant”) for breach of contract. The Complaint alleged that Plaintiffs and Defend ant entered into a Residential Purchase Agreementa and Private Financing Terms Agreement. Following delays with the Probate Court and financing for the purchase, Plaintif...

Excerpt: ... filed on 3/29/24. Trial call is set for 6/4/24. Declaration of attorney Laura D' Anna suggests that phone calls and letter(s) were sent in an attempt to resolve the matter. Plaintiff claims that defendant's answer when combined with the court's order deeming p laintiff's request for admission admitted entitle it to judgment on the pleadings. Plaintiff asks the court to grant the motion and enter judgment against defendant, in the amount of ...

Excerpt: ...e moving pap ers was effectuated on Redapple Digital Health, Inc. in compliance with California Rules of Court, rule 3.1346. Failure to comply with the statutory notice requirements deprives the court of jurisdiction to do anything but deny the requested relief. (See L ee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509- 510.) Second, this Motion fails on its merits. Plaintiff has failed to make any showing of good cause in support of her Motio...

Excerpt: ...tion costs and litigation costs is GRANTED. (Cal. Rules of Court, rule 3.769 et seq. and Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1802.) Order and Judgment signed and filed this date. This action commenced May 10, 2022, as a wage and hour, PAGA action. Defend ant answered on July 13, 2022. A first amended complaint was filed July 13, 2022. The parties reached a settlement agreement after arms -length negotiations facilitated by a med...

Excerpt: ...as a sovereign st ate by the United States Government. A sovereign state is allowed to prosecute any civil claim in United States courts upon the same basis as a domestic corporation or an individual might do. The Swedish Board of Student Finance (“CSN”) is a governmental agency of Plaintiff Kingdom. CSN handles all matters on behalf of Plaintiff Kingdom concerning government -sponsored student loans, including disbursing financial aid and a...

Excerpt: ...nwich Insur ance Company's (“Greenwich”) request for judicial notice is GRANTED in its entirety. Defendant Greenwich's request for an order compelling third- party Marina Reingold's compliance with the subject document subpoena dated October 3, 2024, is GRANTED; and M arina Reingold is ORDERED to serve Greenwich's counsel, by no later than June 20, 2024, with all non- privileged documents responsive to request for production no. 1 (with subpa...

Excerpt: ...;s mistake, inadve rtence, surprise, or neglect” as those terms are used under the mandatory provision of §473(b). Finally, to the extent that defendants seek to have this court exercise its discretion under the permissive provision of §473(b) or its inherent authority, the court finds such relief is not warranted under the circumstances. Complaint filed on 9/23/20. First amended complaint filed on 10/14/20. It asserts causes of action for...

Excerpt: ...ar and convincing evidence. Civil Code §798.88. Moreover, there has been an insufficient showing of great or irreparable harm that would result from the continuance or recurrence of the alleged violations. Instead, it appears that Respondent has taken or attempted to take steps to cure the relatively minor and infrequent violations identified by Petitioner, including by installing self -closing gates, keeping his dog leashed, and explaining why...

Excerpt: ...uestions reg arding the CPA referenced in her fraud cause of action. Cross- Complainant Terry is ordered to pay Cross -Defendant's counsel monetary sanctions in the amount of $560 within 30 days of this ruling. This action arises from a marital dissolution case, i.e., ca se no. D398305, Terry v. Terry. Plaintiff Houghton Law Group, APC (the “Plaintiff”) was retained by Defendant Kellie Terry (the “Defendant”) as her attorney. On June 9, 2...

Excerpt: ...(“Gold Coast”) for (1) fraud and intentional and negligent infliction of emotional distress; (2) assault; (3) elder abuse; and (4) defamation (libel and slander). Defendants Bob Harris and Gold Coast Veterans Foundation (“Gold Coast”) move for an order imposing termin ating sanctions against Plaintiff in pro per Ron Wilber based on Plaintiff's violation of the Court's September 20 and December 19, 2023, discovery orders. On September 20,...

Excerpt: ...legations regar ding the conduct of defendant White which makes her liable. Unspecific and general aiding and abetting allegations are insufficient. Plaintiff has not added sufficient factual allegations. Plaintiff is again admonished that any second amended complaint should include specific allegations regarding the conduct of defendant White which makes her liable. Unspecific and general aiding and abetting allegations will be insufficient. ...

Excerpt: ...the ruling o n the special motion to strike as it is moot. Pro per form complaint filed on 9/15/23. It asserts causes of action for: “Tort, 26 USC 7701(a)(26); 15 USC 1 and 2; 28 USC 1331; [and] 48 CFR Ch 1. 53.228. Section 8 of form complaint. Plaintiff seeks $3,889,152,170.69 in damages. Section 9 of form complaint. Attached to the complaint are what appear to be approximately 100 pages of a brief and exhibits. The current special motion to ...

Excerpt: ...ent motion and a memorandum of costs on 3/12/24. Defendant does not challenge plaintiff's entitlement to fees and costs under the Song -Beverly Act as the prevailing party. Instead, defendant challenges the reasonableness of the fees and costs claimed. With respect to the reasonableness of the costs, the defendant has not filed a motion to tax or strike cost as required by CA Rule of Court, Rule 3.1700. As such, the costs claimed in the memorand...

Excerpt: ...two proposed depositions to the extent that motion is granted. Counsel for the moving party to give notice. Plaintiff is moving to reopen discovery for the limited purpose of having a motion heard to compel the depositions of two trustee members of Defendant CVUSD's B oard of Education. At the outset, it should be noted that the discovery cutoff date in this action will have already passed on March 24, 2024. The discovery motion cutoff date will ...

Excerpt: ...requests for pro duction. 3) Defendant shall provide objection free further responses that comply with all statutory requirements within 20 days. The further responses should either indicate that Defendant will comply with the request in full as provided for in Code Civ. Proc., § 2031.220 or is unable to do so as provided in Code Civ. Proc., § 2031.230. The parties are ordered to meet and confer regarding a proposed stipulated protective order ...

Excerpt: ...r the parties , but in no case later than April 20, 2024. Any objections on the grounds of attorney -client privilege or closed session privilege are to be more properly raised at the time of the depositions. Counsel for the moving party to give notice. Pursuant to Code of Civil Procedure section 2025.010, “[a]ny party may obtain discovery…by taking in California the oral deposition of any person, including any party to the action.” A prope...

Excerpt: ... the underlying discovery order of November 2, 2023, evidence a willful failure to comply so as to warrant nonmonetary sanctions. At the very least, Plaintiff was not unduly prejudiced by Defendant's responses. As for Plaintiff's requested monetary sanctions, the Court notes that no evidence has been provided to support the amount in sanctions claimed in the moving Memorandum of Points and Authorities. As such, monetary sanctions are denied. Coun...