Excerpt: ...memorandum and Code of Civil Procedure, section 1032, 1033.5 and California Rules of Court, rule 3.1700. The FAC by Alejandro Contreras against Defendants Luis Melgar, County Records Service, Siboney A. Monge individually and as trustee of the Kumquat 1340 trust, the Kumquat 1340 Trust, Malibu Reconveyance, LLC, Jenny E. Segovia, Segovia Real Estate Group, and Reney Grace Rodriguez was filed on 9 -15- 17 with 14 causes of action, including viola...

Excerpt: ...inson v. Sup. Ct. (1987) 43 Cal.3d 833, 840.) Here, it cannot be said that Defendant has demonstrated good cause. Accordingly, the motion is denied without prejudice. Counsel for the moving party to give notice of the Court's ruling. This personal injury case where it is alleged plaintiff suffered, among other injuries, traumatic brain injury. Case filed on 9/11/23. Answer filed on 11/28/23. This motion was set by ex parte application on 3/27/2...

Excerpt: ...e depositio n of Defendant's PMK is scheduled for April 10, 2024. The Court orders Defendant to pay Plaintiff's counsel monetary sanctions in the amount of $2,000 within 30 days of this ruling. The Complaint was filed on 6/9/22 by Plaintiff Leticia Villescaz against D efendants Los Robles Regional Medical Center; HCA Health Services of California, Inc.; and CHC Payroll Agent, Inc. alleging causes of action for (1) actual/perceived disability har...

Excerpt: ... single example in support of both of his arguments. In support of his argument that all the affirmative defenses fail to state sufficient facts, plaintiff refers to the first affirmative defense that each cause of action in the complaint fails to state facts sufficient to constitute causes of action. Because this affirmative defense relies solely on the factual allegations of the complaint, it is sufficiently plead. Furthermore, the fifth affi...

Excerpt: ...tems 2, 5, and 14 and all other items not contested by Defendant in this motion. Further, Plaintiff's request for attorney's fees is DENIED. A hearing on the OSC re Dismissal Pursuant to Representation of Settlement SHOULD BE SCHEDULED. The Complaint was filed on 8/ 31/20 and the First Amended Complaint (“FAC”) on 1/8/21. The FAC was filed by Plaintiff Rodolfo Celedon against Defendant General Motors, LLC, and pleads causes of action for (1...

Excerpt: ...ecurity Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371.) The Demurrer is SUSTAINED as to the third cause of action for breach of the Unfair Competition Law (UCL) (Bus. & Prof. Code, § 17200, et seq.). UCL are not permitted to be brought against a homeowners' a ssociation in connection with a nonjudicial foreclosure. (See That v. Alders Maintenance Assn. (2012) 206 Cal.App.4th 1419.) The Demurrer is SUSTAINED as to the eighth cause of ...

Excerpt: ... all five r ecorded documents. (Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal. App. 4th 743, 754– 55, as modified on denial of reh'g (Apr. 16, 2013) The Court also intends to SUSTAIN Defendant's Demurrer to the Second Amended Complaint, with leave to amend. In thei r First Cause of Action of the Second Amended Complaint, Plaintiffs allege Defendant violated Civil Code sections 2923.5 and 2923.6 (Homeowner's Bill of Rights), by failing...

Excerpt: ...s Responses to F orm Interrogatories, Set One is GRANTED. Defendant's Motion to Compel Plaintiff's Responses to Special Interrogatories, Set One is GRANTED. Defendant's Motion to Compel Plaintiff's Responses to Requests for Production of Documents, Set One is GRANTED. Defe ndant's Motion to Deem Matters Admitted against Plaintiff is GRANTED. Plaintiff Margie Smith is ordered to serve Defendant with her Code -compliant and objection -free initial ...

Excerpt: ...d Request for Sanctions is GRANTED. Defendant is required to produce its Person Must Qualified and Custodian of Records for questioning and produce the requested documents for deposition within 20 days of this ruling. Further, Defendant is required to pay Plaintiffs' counsel monetary sanctions in the amount of $1,860 within 20 days of this ruling. Plaintiffs move the court for an order pursuant to Code of Civil Procedure, section 2025.450, subdi...

Excerpt: ...stodian(s) of R ecords; Request for Documents at Deposition served on December 21, 2023, within 20 days of this ruling. Further, Defendant is required to pay to Plaintiff's counsel monetary sanctions in the amount of $1,860 within 20 days of this ruling. On November 7, 2 022, Plaintiff Juan Orozco Ponce aka Juan Orozco (“Plaintiff”) filed a Complaint against General Motors, LLC (“Defendant” or “GM”), alleging causes of action for (1)...

Excerpt: ...etary sanction s is DENIED. The Complaint was filed on June 7, 2022, the First Amended Complaint on August 30, 2022, and the Second Amended Complaint (“SAC”) on December 29, 2022. Plaintiff Andrew Jones (“Plaintiff”) filed the claim against Defendants Southern Californi a Edison (“SCE”) and Jaime Frutos (“Frutos”) alleging causes of action for (1) unfair business practices, (2) negligent hiring and retention, (3) nonpayment of w...

Excerpt: ...d. Defendants are ordered to provide objection free responses to the discovery within 20 days. Plaintiff is awarded $995 in monetary sanctions against defendant and its attorney of record, jointly and severally, for each of the three motions. The motion to deem admitted the requests for admissions is GRANTED as well, unless defendant can demonstrate at the hearing it has already served the plaintiff with a proposed response to the request for adm...

Excerpt: ...It indica tes that D was subserved on 6/17/20 at 226 Orange Ave., Suite 103 Coronado, CA 92118. D's default was taken on 8/26/20. A significant amount of time passed before a default judgment was filed on 6/16/23 in the amount of $200,634. An abstract of judgment was issued on 9/26/23. The current motion was filed on 2/29/24. Notice: Defective. Pursuant to CCP §1005(b) the motion should have been filed no later than 16 court days prior to th...

Excerpt: ...or “PMK”) of Defendant Gen eral Motors, LLC (“Defendant” or “GM”), to produce documents requested in the notice of deposition, and for $2,250 in monetary sanctions against Defendant (opposed). TENTATIVE: GRANT. All objections to the request for documents are overruled, except as fol lows: Attorney-Client Privilege and Attorney Work Product: These objections should be preserved, but do not necessarily warrant denial of discovery. Defen...

Excerpt: ... the Februa ry 9, 2024 dismissal of this action vacated. An Order to Show Cause re: Default Judgment Packet is ordered calendared for April 9, 2024. Notice: OK (There is no proof of service attached to the motion. However, Plaintiff apparently was not required to ser ve its motion on either of the two named Defendants.1) On June 2, 2023, Plaintiff E & N Financial Services & Development, Inc. (“E&N”) filed a Complaint against Defendant Ruther...

Excerpt: ...$3,446.25 is GRANTED in part and is MOOT in part. The motion is moot as to Request for Admission Nos. 12, 17, 21, 23- 26, 28-34, and 48, based on Defendant's representation that further verified responses were served on March 1, 2024. The motion is granted as to the rem aining request for admissions. All objections are overruled with the exception of the attorney -client and work product objections. Defendant is ordered to provide code -complain...

Excerpt: ...roduction of Documents, Set One, and $2,760 in sanctions. (Unopposed) (3) Plaintiffs' Motion to Have Matters Deemed Admitted, and $2,760 in sanctions. (Unopposed) (4) Plaintiffs' Motion to Compel Responses to Special Interrogatories, and $2,760 in sanctions. (Unopposed ) TENTATIVE: ALL GRANTED. Plaintiffs Benjamin R. Candelaria III's and Kimberly M. Thompson's Motion to Compel Defendant FCA US, LLC's Responses to Form Interrogatories (Set One) is...

Excerpt: ...lled. The Co urt allows appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 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 n...

Excerpt: ...e call in at 8:00 a.m. Court Call connects to the Courtroom at 8:15 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at:[email protected]. All counsel and self- represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (...

Excerpt: ...please send an email to the court at:[email protected]. All counsel and self -represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tent...

Excerpt: .... Court Call connects to the Courtroom at 8:15 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The ...

Excerpt: ...the court's tentative decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt...

Excerpt: ...se send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative rul...

Excerpt: ...ase send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ru...

Excerpt: ...e decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt, modify or reject t...