Excerpt: ...Plaintiffs' injuries caused by FastTrack Inc., because the single enterprise/alter ego doctrine dictates that the limited liability protections that usually insulate separate corporations from liability for the other corporation's debts do not apply under the circumstances of the case. Plaintiffs now move for summary adjudication, asking the Court to determine, as a matter of law, that DODG is liable for FastTrack Inc.'s debts under the single en...

Excerpt: ...meda County Superior Court case no. RG16837943 (the "Quiet Title Case"), a suit that involved certain real property the parties generally refer to as "Chase Street." Specially, in this civil action, Plaintiffs alleges seven causes of action, as follows: (1) Adverse Possession, Prescriptive Easement, Implied Easement, Marginal Street Doctrine; (2) Violation of Subdivision Map Act; (3) Declaratory Relief; (4) Unfair Business Practices; (5) Conversi...

Excerpt: ...he demurrer sufficiently demonstrates that Plaintiff's amended complaint, filed on August 19, 2019, does not state facts sufficient to constitute a cause of action and is uncertain, including for the following reasons: First, a complaint must contain "a statement of the facts constituting the cause of action, in ordinary and concise language." (CCP § 425.10(a)(1).) This is not satisfied by merely checking boxes on a Judicial Council form complai...

Excerpt: ...rty 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 §§ 1 et. seq.) Here, Plaintiff filed ...

Excerpt: ...ll parties and their counsel must regard the date set for trial as certain."]; CRC, Rule 3.1322(c) ["[C]ontinuances of trials are disfavored[.]"].) Among other things, Defendants/Cross-Complainants have not demonstrated to the Court's satisfaction that they have been unable, or will be unable, despite diligent efforts, to complete essential discovery prior to the cutoff date or to prepare for trial. (See CRC, Rule 3.1322(c)(6), (7).) Defendants/C...

Excerpt: ...al enforcers, Paradigm Holdings, LLC and Steven F. Hotze, M.D.; or (2) within 90 days of service of notice of entry of this order, as modified for method of service under Code of Civil Procedure section 1013. The FAC must also be appropriately served. This Order takes into account the statutory notice requirements necessary for Proposition 65 cases. "Any judge, at any time before or after commencement of trial, in the furtherance of justice, and ...

Excerpt: ...ion 1008(b). Defendant has not met the procedural requirements for bringing a motion under Code of Civil Procedure section 1008(b), which requires new facts, a satisfactory explanation by the moving party, and reasonable diligence. Defendant asserts that it is a "new fact" that an order of dismissal was entered by the Court in this matter on June 29, 2016. This is not a new fact, because it occurred over three years before Defendant's original mo...

Excerpt: ...he state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to the practice are maintained and administered, or in the county in which the aggrieved person would have worked or would have had access to the public accommodation but for the alleged unlawful practice, but if the defendant is not found within any of these counties, an action may be brought within the county of the defendant's...

Excerpt: ...t DODG Corporation ("DODG"), the landlord of Defendant FastTrack Airport Parking, Inc. ("FastTrack Inc."), is liable for Plaintiffs' injuries caused by FastTrack Inc., because the single enterprise/alter ego doctrine dictates that the limited liability protections that usually insulate separate corporations from liability for the other corporation's debts do not apply under the circumstances of the case. DODG now moves for summary judgment as to ...

Excerpt: ...ndants"), the owners of Defendant FastTrack Airport Parking, Inc. ("FastTrack Inc."), are personally liable for Plaintiffs' injuries caused by FastTrack Inc., because the alter ego doctrine dictates that the limited liability protections that usually insulate owners of corporations from personally liability for corporate debts do not apply under the circumstances of the case. The Mann Defendants now move for summary judgment as to Plaintiffs' ope...

Excerpt: ...fs' entire case with prejudice. On April 24, 2019, Defendant filed its Memorandum of Costs, seeking $9,808.64 in recoverable costs. Defendant now moves the Court for entry of judgment and an order awarding costs of suit as part of that judgment, in the amount of $9,808.64. The right to recover costs of suit is determined by statute. (See CCP §§ 1032 et. seq.) The prevailing party in an action is entitled to recover costs of suit as a matter of ...

Excerpt: ...tion relating to privilege) and otherwise respond fully, including producing responsive documents, as necessary, within 15 days from the date of service of notice of entry of this Order, as modified for method of service under Code of Civil Procedure section 1013. In regards to the request for monetary sanctions, when a motion to compel discovery is granted, a court shall order the party to whom discovery was directed to pay the reasonable expens...

Excerpt: ...calculation of the purchase price of Makenzie Kelly's shares of North Star Emergency Services, Inc., in 2018, including, but not limited to, all electronically stored information." Stegner & Associates produced over two hundred pages of documents in response to the subpoena, but did not produce all documents responsive to the request mentioned above, instead objecting, citing grounds of attorney-client privilege and attorney work product protecti...

Excerpt: ....) "[T]rial courts have broad discretion to determine the order of proof in the interests of judicial economy." (Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504.) "The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial . . . of any . . . issues . . . ." (CCP § 1048(b).) The "court may, when the convenience of witnesses, the ...

Excerpt: ...alth & 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 $5,000.00 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 allocation of any additional settlement payments to Plaintiff is in the public interest as set forth in Code of R...

Excerpt: ...ndants"), the owners of Defendant FastTrack Airport Parking, Inc. ("FastTrack Inc."), are personally liable for Plaintiffs' injuries caused by FastTrack Inc., because the alter ego doctrine dictates that the limited liability protections that usually insulate owners of corporations from personally liability for corporate debts do not apply under the circumstances of the case. The Mann Defendants now move for summary judgment as to Plaintiffs' ope...