Excerpt: ...ession, custody or control within twenty-one (21) days from the date of this Order. Defendant's Request for Sanctions is DENIED. MOTION TO COMPEL PRODUCTION OF DOCUMENTS "If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it . . . [the party] waives any objection to the demand, including one based on privilege or on the protection for work product[.]" (CCP § 2031.300 (a).) "T...

Excerpt: ...tentative is uncontested. STANDARD OF LAW A court may only award attorney's fees where authorized by contract, statute or law. (CCP § 1033.5(10).) "If the buyer prevails in an action under [the Song-Beverly Consumer Warranty Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to ...

Excerpt: ...o which the documents respond. Shelby's Request for Sanctions Against Plaintiff Lawrence Chaudhary ("Lawrence") and His Counsel in the Amount of $1,110.00 is GRANTED. IT IS FURTHER ORDERED THAT sanctions in the amount of $1,110.00 is payable by Lawrence and his counsel to Shelby no later than thirty (30) days from the date of this Order. MOTION TO COMPEL On July 21, 2020, Shelby served Request for Production on Lawrence, with responses due August...

Excerpt: ...atewide policy throughout California, knowingly and intentionally failed to provide "all working employees with suitable seats when the nature of the work reasonably permits the use of seats." (First Am. Compl. ¶ 9.) Plaintiff's Special Interrogatories seek information regarding the total number of potentially aggrieved employees in California as well as Citistaff's policies in regards to providing suitable seating to California employees. Plain...

Excerpt: ...party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." (CCP § 1008(a).) "The party making the application shall state by affidavit what application was made before, when and to what judge,...

Excerpt: ...D IN PART. IT IS FURTHER ORDERED THAT sanctions in the amount of $1,500.00 is payable by Bridger to Plaintiffs no later than thirty (30) days from the date of this Order. Plaintiff served Form Interrogatories (General) upon Bridger on July 27, 2020. Bridger served its responses on August 27, 2020. After this Motion was filed and after filing its opposition, Bridger has since provided a supplemental response to Form Interrogatory No. 17.1. Thus, t...

Excerpt: ... a threshold matter, Plaintiff's opposition to this Motion was untimely filed on October 30, 2020, when it was required to be filed no later than October 27, 2020. (CCP § 437c(b)(2).) Further, Plaintiff failed to provide a memorandum of points and authorities in support of her opposition. However, as SPI Defendants were able to substantively respond to Plaintiff's opposition, the Court shall consider the evidence presented by Plaintiff. Plaintif...

Excerpt: ... a threshold matter, Plaintiff's opposition to this Motion was untimely filed on October 30, 2020, when it was required to be filed no later than October 27, 2020. (CCP § 437c(b)(2).) Further, Plaintiff failed to provide a memorandum of points and authorities in support of her opposition. However, as SPI Defendants were able to substantively respond to Plaintiff's opposition, the Court shall consider the evidence presented by Plaintiff. Plaintif...

Excerpt: ...ntiff shall produce a copy of the banking documents to Tang Defendants at Plaintiff's expense, or (2) Tang Defendants shall send a copy service to Plaintiff's counsel's office to make copies at Tang Defendants' expense, but Plaintiff shall not charge for Plaintiff's counsel's time to supervise the copy service. Plaintiff's Request for Monetary and Evidentiary Sanctions is DENIED. As a threshold issue, Tang Defendants' opposition brief was untimel...

Excerpt: ...n conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense; or (3) a demand for judgment requesting relief not supported by the allegations of the complaint or cross-co...

Excerpt: ...D IN PART. IT IS FURTHER ORDERED THAT sanctions in the amount of $1,500.00 is payable by Bridger to Plaintiffs no later than thirty (30) days from the date of this Order. Plaintiff served Form Interrogatories (General) upon Bridger on July 27, 2020. Bridger served its responses on August 27, 2020. After this Motion was filed and after filing its opposition, Bridger has since provided a supplemental response to Form Interrogatory No. 17.1. Thus, t...

Excerpt: ...whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable...

Excerpt: ... complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a...

Excerpt: ...uest for Monetary Sanctions is GRANTED. IT IS FURTHER ORDERED that sanctions in the amount of $1,170.00 is payable by Plaintiff to Safe Auto no later than thirty (30) days from the date of this Order. MOTION TO COMPEL Plaintiff filed this action on March 24, 2017, arising from a vehicle accident that took place on March 30, 2017. Plaintiff began proceeding in pro per on April 16, 2019, and Plaintiff served Defendants with the Complaint on Novembe...

Excerpt: ...eadlines in any future filings or the Court may not consider Plaintiff's papers in the future. STANDARD OF LAW "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 orde...

Excerpt: ...hall file and serve any amended complaint. STANDARD OF LAW "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be...

Excerpt: ... and may, on motion of either party after notice to the other party, set aside any void judgment or order." (CCP § 473(d).) MOTION TO VACATE ENTRY OF DEFAULT Plaintiff Hong Kong Longhigh Industrial Investment Co. Ltd. ("Plaintiff") filed this action against Samuel and Kontech USA, Inc. ("Kontech")-alleging that Samuel managed and operated Kontech-on February 5, 2020, asserting claims against Samuel for fraud - no intention to perform, fraud - co...

Excerpt: ...uding assault, battery intentional infliction of emotional distress), general negligence, and punitive damages. While the allegations are unintelligible in parts, the Court discerns the following: Plaintiff alleges that Defendant Robert Burns McCullough ("Robert Burns") was under the influence of Defendant William McCullough ("William"), Defendant's son, who allegedly physically and mentally abused Defendant, and his other son, Robert Joseph, who...

Excerpt: ...ccess to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) [t]he proposed sealing is narrowly tailored; and (5) [n]o less restrictive means exist to achieve the overriding interest." (Cal. Rules of Court, Rule 2.550(d).) MOTION TO SEAL Plaintiff seeks to seal confidential portions of its Answer to California...

Excerpt: ... complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a...

Excerpt: ...h of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest." (CCP § 377.31.) "The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent's successor in interest . . . shall execute and file an affidavit or a dec...

Excerpt: ... is a defendant's "burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds." (Id.) "In opposing the motion to change venue, '[t]he plaintiff may bolster his or her choice of venue with counter affidavits consistent with the complaint's theory of the type of action but amplifying the allegations relied upon for venue.'" (Id.) "The presumption is, in the absence of an affirmative showing in that p...

Excerpt: ...fenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs." (CCP § 437c(f)(1).) "A motio...

Excerpt: ...t." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading...

Excerpt: ...order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense; or (3) a demand for judgment requesting relief not supported by the allegations of the complaint or cross-complaint. (CCP § 431.10(b).) MOTION TO STRIKE On December 20, ...