Excerpt: ...osed. (Declaration of Parviz Darabi ¶¶4-6.) The court finds that Defendants are in violation of the court's March 4, 2021 order for failing to provide responses to the discovery responses at issue and for failing to pay monetary sanctions in the amount of $3,222.50. While the Memorandum of Points and Authorities makes reference to issue and evidentiary sanctions, Plaintiff's notice for the present motion requests only monetary and terminating s...

Excerpt: ...ecessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "The standard under subdivision (a), unlike under subdivision (d), which is more specific and more rigorous, includes no requirement of a doctor's declaration." (Fox v. Superior Court (2018) 21 Cal. App. 5th 529, 534.) "An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party ...

Excerpt: ...ollowing findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "The standard under subdivision (a), unlike under subdivision (d), which is more specific and more rigorous, includes no requirement of a doctor's declaration." (Fox v. Superior Court (2018) 21 Cal. App. 5...

Excerpt: ...Plaintiff did not seek or obtain leave of Court to file the 4/19/2021 Amendment although the time for Plaintiff to amend his pleadings of as a matter of right without leave of Court expired no later than 11/30/2016, when Plaintiff filed his First Amended Complaint in this action. However, the Court's ruling immediately above is WITHOUT PREJUDICE TO Plaintiff's right to bring a noticed motion for leave to file an amended pleading, as the Court pre...

Excerpt: ... to Stay Entire Action. MOTION TO STAY ENTIRE ACTION Amcord asks the Court to exercise its discretion under Code of Civil Procedure sections 128 and 187 to stay this entire action pending resolution of another action in the Third Judicial Circuit, Madison County, Illinois, captioned Douglas R. Hite v. Dap, Inc., et al., Case No. 2021L 000634. Amcord contends that both actions are substantially similar because in both actions Plaintiff claims that...

Excerpt: ...ary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal. 4th 1178. Even where a motion to seal is not opposed, the Court has an obligation to review the motion and seal only those documents that meet the requirements of C.R.C. 2.550(d). Under C.R.C. 2.550(d), the Court may order that a court record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to ...

Excerpt: ... . . between you and us or our employees, agents, successor or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) . . . " FCA, alleged to be the manufacturer or distributor of Plaintiff's vehicle (see Complaint, paragraph 9), is not a signatory to the ...

Excerpt: ...tructive termination due to intolerable working conditions.) (See Defendant's Separate Statement Facts ("SSF") Nos. 7-22 and 59-63; Plaintiff's response; Plaintiff's Additional Facts ("AF") Nos. 36-48; and the evidence cited in support.) Defendant does not attempt to proffer a legitimate, nondiscriminatory reason for its alleged treatment of Plaintiff, other than to argue that all three of the corrective actions it issued to Plaintiff were justif...

Excerpt: ... Section 36(a) is DENIED. STANDARD OF LAW "A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "The st...

Excerpt: ... paid Kontech $90,000.00 for shares of Kontech's common stock to become a 40% shareholder of Kontech. In a December 2016 shareholder meeting, Kontech proposed that the loan be converted into new shares of Kontech. Plaintiff rejected that proposal. Plaintiff later discovered that Kontech had cancelled the debt owed on the loan on or about June 28, 2018, without Plaintiff's knowledge or consent. When Plaintiff made demands for repayment of the debt...

Excerpt: ...ideration of the declaration of Dawn Ceizler, the court finds that Defendant made multiple good faith attempts to meet and confer with Plaintiff, but was unable to due to the lack of a direct phone number to reach him. If Plaintiff has a direct phone number or an email address, Plaintiff should provide the contact information to counsel and update his contact information in his pleadings. PLAINTIFF'S COMPLAINT Plaintiff alleges eighteen causes of...

Excerpt: ...causing the vehicle to stall." Plaintiff alleges in paragraphs 11 and 12 that BMW authorized repair facilities could not fix the drivetrain malfunction after several attempts. Plaintiff's original Complaint, filed on January 28, 2020, included claims for breach of express and implied warranties under the Song-Beverly Act. Defendant filed its Answer on May 22, 2020. After Defendant filed a motion for judgment on the pleadings, Plaintiff voluntaril...

Excerpt: ...change v. Superior Court (2004) 116 Cal.App.4th 446, 452; Ponderosa Homes, Inc. v. City of San Ramon (1994) 23 Cal.App.4th 1761, 1767-1768.) The Court may grant leave to amend to remedy any defects identified by a motion for judgment on the pleadings. (Code Civ. Proc., § 438, subd. (h).) The Court may grant leave to amend to remedy any defects identified by a motion for judgment on the pleadings. (Code Civ. Proc., § 438, subd. (h).) "Liberality...

Excerpt: ...on an opportunity to file its own motion to compel arbitration or to give notice that it does not intend to move to compel arbitration. The August 16, 2021 deadline set by the Court in the order passed without CVHCARE Corporation making the required election. CVHCARE Corporation, however, did appear through its attorneys to seek an order allowing Plaintiffs to file a First Amended Complaint by stipulation. As previously indicated, the Court does ...

Excerpt: ... 1 and October 4 because it is now clearly impossible for Plaintiff to vacate the premises by June 1, 2021 as she had agreed in paragraph 4 of the parties' Stipulation for Possession, which is attached to and incorporated into the parties' Settlement Agreement. The Court takes no position on whether any other occupants of the premises (if there are any other such occupants) must vacate the premises. However, Plaintiff herself must vacate the prem...

Excerpt: ...rst Amended Complaint alleges in part that on 11/11/2016, while he was at Defendant's Oakland flea market where he intended to sell merchandise, he was accosted, physically attacked and beaten, sustaining life-threatening injuries. Plaintiff alleges that Defendant owed him a duty to prevent the attack in spite of knowledge of similar prior conduct at the flea market. Plaintiff seeks to discovery information and documents regarding any such allege...

Excerpt: ...P § 437c(a)(1).) "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgment bear...

Excerpt: ...e ASI's Election Code waives Plaintiff's right to challenge the election in court. The court has addressed this deficiency in detail in its prior orders on the other Defendants' demurrers. Plaintiff attached the Candidate Acknowledgement Form as Exhibit 1 to the original Complaint, but he did not attach it to the First Amended Complaint and instead alleges that he was unaware that when he executed the Candidate Acknowledgment Form that ASI and CS...

Excerpt: ...o expunge a lis pendens may be filed at any time after the notice is recorded. (CCP § 405.30.) The Court must order a lis pendens expunged if it finds either (1) that the claimant does not have a real property claim (CCP §§ 405.4, 405.31) or (2) that the claimant has not "established by a preponderance of the evidence the probable validity of the real property claim." (CCP § 405.32.) A real property claim is any cause of action that, if merit...

Excerpt: ... 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel or self-represented parties, that the party is contesting this tentative ruling. The clerk shall provide the hearing date and time, and call information. If a hearing is requested, the hearing will be conducted on Wednesday, August 25, 2021 at 1:30 p.m. or at a subsequent date and time set by the Clerk of Dept. 514. The...

Excerpt: ...pointment at Victorian Edge Salon, located at 1814 Third Street. Plaintiff testified that she left the salon through the main entrance and exit on Third Street, and took a right turn on the sidewalk toward N Street and another right turn on Third Street. As the moving party, Defendant is required to present sufficient evidence to show that one or more elements of Plaintiff's Fifth Cause of Action cannot be established. See CCP § 437c(p)(2). Defe...

Excerpt: ...Ms. Le and cut off Ms. Le. Ms. Ryles again followed Ms. Le and again cut off Ms. Le. When Ms. Ryles cut off Ms. Le the second time Ms. Ryles exited her car and took a photo of Ms. Le. Throughout the incident, Ms. Le's car was recording the incident. (PX 3) The day after the incident, Ms. Le reported the incident to the police. (PX 1, FI response 12.6) The Hayward Police cited Ms. Ryles for reckless driving under VC 23103(A). (PX 1, FI response 14...

Excerpt: ... comply. While many services offered by Big O vary across franchises, the free inspection is invariable. On information and belief, each of the 22 points is likewise invariable across franchises." (par. 11.) On the other hand, the proposed complaint also alleges that "The multipoint inspection required by TBC can be more than 22 points." (par. 13.) A motion to reconsider a demurrer without leave to amend may be made if a proposed amended complain...

Excerpt: ...e during proceedings, including during trial, as long as the amendment is "in the furtherance of justice, and upon such terms as may be proper." (Code of Civil Procedure ["CCP"] § 576; see also CCP § 473(a)(1) [allowing amendments to pleadings after notice to adverse party].) This Court should be "liberal in allowing the amendment of pleadings at any stage of the proceedings where the amendment does not cause prejudice to the rights of other pa...

Excerpt: ...d Stone's prior request for attorney's fees is misplaced. Plaintiff fails to discuss the key difference between the present noticed motion, specifically that Defendants Demo and Stone's prior request for attorney's fees was brought by way of memorandum of costs. The court's prior order for the request for attorney's fees was in response to a motion to tax costs, associated with a memorandum of costs, which fell under Carpenter v. Jack in the Box ...