Excerpt: ... Safety Code section 25249.6; (C) the reimbursement for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; (D) the civil penalty of $1,500.00 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b); and (E) and the allocation of any additional settlement payments to Plaintiff is in the public interest as set forth in Code of Regulat...

Excerpt: ...requests. Defendant failed to appropriately respond to attempts to meet and confer. On July 3, 2019, this Court granted an unopposed motion to compel Defendant's discovery responses. Defendant did not and has not complied with the Court's order. The present motion is unopposed. Accordingly, for the reasons discussed, Plaintiff's motion is GRANTED. LEGAL STANDARDS The Court has discretion to issue terminating sanctions in response to abuses of the...

Excerpt: ...ion alleges that within the last four years Defendant became indebted to Plaintiff on an open book account for money due, and count 2 of the second cause of action alleges that within the last four years Defendant became indebted to Plaintiff because an account was stated in writing between the parties in which it was agreed that Defendant was indebted to Plaintiff. (Complaint, ¶ CC-1(a)(1), (2).) In the instant motion, Plaintiff introduced evid...

Excerpt: ...n for reporting unlawful/unfair business practices which are specified in her complaint and were addressed at length in two days of her deposition and in her written responses to discovery." (Plaintiff's Exh. K.) To the extent necessary, Defendants must provide further responses in good faith using this definition of the word "INCIDENT." In regards to Form Interrogatory No. 12.2, Defendants must clearly, completely, and succinctly provide to Plai...

Excerpt: ...5249.6 and 25249.10(c); (B) the warning required by the CJ is clear and reasonable in compliance with Health & Safety Code section 25249.6; (C) the reimbursement for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; (D) the civil penalty of $100,000.00 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b); and (E) and the allocat...

Excerpt: ...al. 4th 541, 558-559 [discussing indemnity].) On April 11, 2018, this Court confirmed that Safeway had several options in meeting its indemnity obligations, one of which was waiting until a later date to reimburse Kimco its attorney fees and costs. As to Kimco, Safeway, and their dispute with Plaintiff, the litigation has now largely concluded, as both Safeway and Kimco have either been granted judgment in their favor or settled with Plaintiff, o...

Excerpt: ... arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) the right to compel arbitration has been waived by the petitioner; or (b) grounds exist for the revocation of the agreement." (CCP § 1281.2; see also CCP § 1281.7; 9 USC �...

Excerpt: ...ading are deemed to be true, however improbable they may be." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Courts "give the complaint a reasonable interpretation, reading it as a whole and its parts in their context." (Goncharov v. Uber Techs., Inc. (2018) 19 Cal.App.5th 1157, 1165.) Here, Defendants Theodore Pendleton and All County Bay Area Property Management have demurred to three of Plaintiff Antoinette Bre...

Excerpt: ...ions, (FAC, ¶¶ 56, 78). "The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436; see also CCP § 435.) "In order to survive a motion to ...

Excerpt: ...n Defendant Jett and Plaintiffs Marlon Smith and Crystal Kelley ("Plaintiffs") was not made in "good faith" within the meaning of Code of Civil Procedure section 877.6. A party asserting that a settlement agreement was not made in good faith within the meaning of section 877.6 bears the burden of proof on that issue. (See C.C.P. § 877.6(d); Tech-Bilt, Inc. v. Woodward-Clyde & Assocs. (1985) 38 Cal.3d 488, 499.) The challenging party must demonst...

Excerpt: ... insufficiently specific as to the relief requested, stating that Cross-Complainants move "for a finding of misuse of discovery" by Cross-Defendants pursuant to "section 2023.01.310 of the California Code of Civil Procedure." There is no such statute. Further, even if the court were to construe this as section 2023.010, cited in the accompanying memorandum, that statute defines "[m]isuses of the discovery process" but does not authorize a motion ...

Excerpt: ...ee Decl. of John C. Brown, Exh. 1.) The Subpoena seeks: "Annual or Monthly Statements of Account sufficient to show all transactions in the time-periods indicated in any depository accounts maintained at Wells Fargo Bank ["WFB"] ... in any of the following names: ... 2 Blutether Technology Inc. (2013 to present)...." (Id., Attachment 3.) Though the Subpoena also seeks records of accounts of five other parties, BT moves to quash only as to the BT ...

Excerpt: ...though neither the notice of motion nor supporting declaration discloses or explains this, the memorandum states in a conclusory manner that the amendments also include "[r]efinement and clarification of the Breach of Contract and Promissory Fraud allegations." (Memo., p. 3.) The court determines that the motion does not sufficiently comply with Cal. Rule of Court (CRC) 3.1324 and does not demonstrate cause for permission to amend the cross-compl...

Excerpt: ...Complaint ("3ACC") filed by Cross-Complainants Charles P. Sweeney ("Sweeney") and Axxis Financial Group, LLC ("Axxis") (collectively "Cross-Complainants") on November 28, 2016. Gonzalez and Brown move for summary judgment as to the entire 3ACC. All three Cross- Defendants move for summary adjudication as to each of the causes of action in the 3ACC: the First Cause of Action (breach of contract) and the Second Cause of Action (promissory fraud). B...

Excerpt: ...on. Having considered the moving papers and the record on file in this matter, including evidence of Plaintiff's failure to obey the court's order of February 28, 2019, and for good cause shown, IT IS HEREBY ORDERED: 1. The Complaint filed by Plaintiff on June 26, 2018, is hereby STRICKEN and Plaintiff's affirmative action against Defendants is DISMISSED with prejudice. (See C.C.P. §§ 2030.290(c) and 2023.030(d)(1).) 2. Plaintiff and its counse...

Excerpt: ... opposition. Further, the motion makes a sufficient showing for the requested relief. More specifically, the motion seeks reconsideration of the court's order of June 27, 2019, stating as follows: "The Request for Default Judgment is rejected and NOT ENTERED for the following reason(s): NO valid proof of service on file for service of Cross Complaint on Pacific Construction & Design[]. Appears to have been served by mail which is not proper servi...

Excerpt: ...ate facts sufficient to constitute a cause of action against it, for all the reasons discussed in the memorandum of points and authorities. (See C.C.P. § 438(c)(1)(B)(ii).) Such reasons include, without limitation the following. First, although the motion addresses the complaint designated as "Amended (Number): 3," filed on March 11, 2018, in fact the operative complaint appears to be the complaint designated as "Amended (Number): 1," filed on O...

Excerpt: ...f records for: (1) Comcast Corporation ("Comcast"); (2) Pleasanton Garbage Service, Inc. ("PGS"); and (3) Acorn Onsite, Inc. ("Acorn"). (Decl. of Allyssa Villanueva, Exhs. C, D and E.) The Subpoenas to PGS and Comcast seek (in essence) all billing statements and other records pertaining to Kim Johnson from January 1, 2015 to the present. (Id., Exhs. C and E.) The Subpoena to Acorn seeks: "All records regarding the subject property located at 2323...

Excerpt: ...4) Washington Hospital, "Billing DP." (Decl. of William M. Artigliee, Exh. 1.) The Subpoenas were served on behalf of Defendant Fremont Healthcare Operating Company LP, dba Fremont Healthcare Center ("Fremont Healthcare") on or about June 21, 2019. (Id.) All four Subpoenas seek records pertaining to Plaintiff John Ellwanger ("Decedent"), who died on December 8, 2017 (as alleged in the consolidated case). The motion is based on arguments that the ...

Excerpt: ...as addressed in this motion on an item-by-item basis. (See Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1435-1436, 1439; Manzetti v. Superior Court (1993) 21 Cal.App.4th 373, 380, fn.8.) The motion seeks to quash seven Deposition Subpoenas for Production of Business Records ("Subpoenas") served on or about June 24 or June 27, 2019 by Defendants Kilkare Woods Association, Inc. et al. ("Defendants"). This is the third of three motions to ...

Excerpt: ...nt 520. The motion seeks summary adjudication as to nine of the twenty-one affirmative defenses included in the "Answer to Plaintiff's Complaint for Wrongful Death (Case Number HG18929026)" filed on February 4, 2019. The answer is directed to the "Complaint for Damages" filed by Dollarhide, along with co-plaintiff Marcia Ellwanger, on November 19, 2018, in Case No. HG18929026, which was consolidated with Case No. RG18899177 on January 30, 2019. T...

Excerpt: ...emur to Count One, which asserts liability against the City based on Government Code section 835. As to Counts Two and Three, Defendants' demurrer is sustained for all the reasons discussed in the demurrer and supporting memorandum, which cites legal authority supporting Defendants' arguments. Without limitation of the foregoing, the deficiencies in those "counts," as pleaded, include the following. First, Counts Two and Three fail to identify a ...

Excerpt: ...which was directed to Richmond Dental Building ("Dental Subpoena"). Both subpoenas seek records pertaining to decedent Stanley Mitchell ("Decedent"), who died on July 10, 2018. The claims in this case, brought by Decedent's son (of the same name), arise from Defendant's handling of Decedent's remains. The motion is based on two arguments: (1) the subpoenas unreasonably infringe on Decedent's constitutional right to privacy under California law; a...

Excerpt: ...ugust 6, 2019. Further, the parties filed a stipulation on July 19, 2019 (granted on July 25, 2019) which addresses Plaintiffs' concerns about the scheduling of Plaintiffs' contemplated motion for summary adjudication. In the reply, filed on August 1, 2019, Plaintiffs do not seek an order compelling those depositions but instead seek monetary sanctions in connection with those depositions and the Khan deposition. As reflected below, that aspect o...

Excerpt: ...e court notes that Defendants William Tank Lines and Roye Anthony Rodriguez ("Defendants") do not oppose this aspect of the motion. The motion to strike the remainder of the seventh affirmative defense is DENIED. The fact that some of the allegations are duplicative of those in other affirmative defenses is not a sufficient basis to strike them. The fact that Plaintiffs had not demurred to the seventh affirmative defense in the First Amended Answ...