Excerpt: ... defendant owes plaintiff $26,898.10 for the personal loan to defendant on an open book account and account stated; inability to pay is not a defense; and the answer that was filed fails to state facts sufficient to constitute a defense. The proof of service declares that on March 28, 2019 the notice of motion and moving papers were served by mail on defendant to his address of record. There is no opposition to the motion in the court's file. “...

Excerpt: ...rs to all causes of action of the 1st amended complaint on the following grounds: plaintiffs failed to allege sufficient facts to establish that defendant breached the agreement; plaintiffs failed to adequately allege damages for breach of contract; plaintiffs failed to allege sufficiently specific facts to establish the elements of the fraud and negligent misrepresentation causes of action; the promissory fraud and rescission causes of action ar...

Excerpt: ...n filing and motion fees on the ground that none of costs are court filing fees and they are unrecoverable courier fees; $575.80 out of the amount of $887.61 claimed as deposition costs can not be recovered, because transcription costs associated with subpoenas duces tecum are not deposition transcription costs by a court reporter; and mileage costs for depositions is limited to $10.21 representing the travel between defense counsel's office and ...

Excerpt: ...very propounded from defendant Ronald Sheckler. Attached to counsel's declaration is a copy of requests for production, set one and the proof of service, which declares the requests for production were served by mail to defendant Ronald Sheckler's then counsel of record on January 8, 2019. The moving papers were filed on April 30, 2019. Plaintiff moves to compel production of documents without objections and further requests an award of monetary ...

Excerpt: ...al marijuana dispensary in the City. On November 30, 2018 the Third District deemed the petition for writ of supersedeas as a request for issuance of a stay of the Superior Court judgment during the pendency of the appeal and granted the stay. In March 2019 the parties apparently reached a settlement of the case. Petitioner agreed not to oppose a motion to approve the agreement under Government Code, § 1091(b)(15) and further agreed to dismiss t...

Excerpt: ...form interrogatories—general (set one). 1. BACKGROUND In May 2018 TKPOA moved to compel responses from TK Marina to these same discovery demands, in addition to a motion to deem matters admitted. On June 15, 2018, the court granted TKPOA's motion in its entirety and ordered TK Marina to pay $1,000 as a sanction under the Discovery Act. In August 2018 TKPOA moved for terminating sanctions, monetary sanctions, and contempt sanctions for TK Marina...

Excerpt: ...aintiff's claimed salary, and waiting time penalties. Plaintiff moves to disqualify the law firm of Lewis, Brisbois, Bisgaard and Smith, which represents defendants in this action, on the following grounds: disqualification is mandated, because the law firm undertook to represent an “adverse party” without securing informed written consent of their client, the plaintiff; the law firm owes a continuing duty of confidentiality and loyalty to pl...

Excerpt: ..., ¶ 2.) On March 26, 2019, when no discovery responses had been served, plaintiff's attorney contacted defendant's attorney in an attempt to meet and confer about the issue. (Id., ¶ 3.) On April 23, 2019, the attorneys discussed the overdue discovery. (Id., ¶ 4.) Defendant's attorney promised that responses would be served within two weeks of their conversation. (Ibid.) As of May 17, 2019, plaintiff's counsel had not received any responses. (I...

Excerpt: ...iff's motion for summary judgment or, alternatively, summary adjudication, against defendant Simms. 1. STANDARD OF REVIEW “A plaintiff … has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff … has met that burden, the burden shifts to the defendant … to show that a triable iss...

Excerpt: ...iff Tousely was driving his motorhome on the freeway. Arden High Tech Auto Repair, Inc. (Arden) was named as defendant Doe 9 on September 27, 2018. Defendant Arden moves for entry of summary judgment against plaintiffs on the following grounds: plaintiffs can not establish that defendant Arden breached a duty of due care related to the subject propane tank that exploded and cannot prove defendant Arden was a substantial factor in causing plaintif...

Excerpt: ...f's property, preventing defendants from obstructing or interfering in any manner with use of the alleged driveway, preventing defendants from creating any obstructions or erecting encroachments on plaintiff's property, and preventing defendants from trespassing and vandalizing plaintiff's property. Plaintiffs argue: they have a long‐existing right to the driveway acquired through prescriptive use and defendants can not unreasonably interfere w...

Excerpt: ...icia alleges that Mark violated two provisions of the Agreement: (1) he did not make the Shroud of Turin casting available to Alicia to take photographs and to make copies of available documents, and he has not coordinated its sale; and (2) he did not honor her irrevocable right of first refusal to purchase, at 92% of market price or third party offer, with at least 4 months' notice when Mark or Jonathan decided to sell the residence at 1230 Marg...

Excerpt: ...auses of action on the following grounds: plaintiff failed to adequately allege two elements of a trademark infringement cause of action – that the purported trademark is protectable and there was a likelihood of confusion between plaintiff's purported trademark and defendant's registered trademark; plaintiff's trademark is generic and not protectable; if the trademark is descriptive, plaintiff has not adequately alleged the trademark has secon...

Excerpt: ... (HOA) on behalf of all current and past owners of property within the HOA during the period of 2006‐ 2018, except defendant Serrano Associates, LLC, who overpaid assessments as a result of the HOA's alleged overcharging developed property owners above the amount allowed by the C,C,&Rs. (Third Amended Complaint, paragraph 37 and Exhibit 4.) Plaintiff also seeks to include in the class all persons who owned developed property in cost centers 2 a...

Excerpt: ...t Amended Verified Complaint that the parties entered into a written agreement in 2012, which provided that it had an interest in Defendant, and the property of Defendant. In its moving papers, Defendant admitted that Plaintiff and Defendant formed a company “to own and operate” the Hotel Property (Motion, page 10, line 16). Defendant further admits that it “exercised its contractual right in December 2017 to purchase” Plaintiff's interes...

Excerpt: ...ary 6, 2019 plaintiff filed a motion for an award of sanctions against both defendants and their attorneys pursuant to Code of Civil Procedure, § 128.7. Plaintiff moves for sanctions against defendants and their counsels in an undisclosed amount on the following grounds: the petitions to vacate the arbitration award contain false statements of fact related to the scope of the arbitration, the personal claims against defendant Furia, the arbitrat...

Excerpt: ...d costs were reasonably incurred and reasonable in amount; the additional attorney fees and costs were incurred, because defendant delayed payment and impeded collection efforts; and the amount of fees sought are justified under the lodestar method of determining reasonable attorney fees. Defendant opposes the motion on the following grounds: the fees and costs were unreasonable and unnecessarily incurred; the court should deny all costs and fees...

Excerpt: ...manufacturing and designing the subject motorhome, which allegedly resulted in an explosion and flames coming up the side of the motorhome while plaintiff Tousely was driving his motorhome on the freeway. Manchester Tank and Equipment Co. (Manchester) was named as defendant Doe 3 on May 20, 2018. On January 17, 2019 defendant/cross‐complainant Arden High Tech Auto Repair, Inc. filed a cross‐ complaint against defendant/cross‐defendant Manch...

Excerpt: ...hlin was denied on May 7, 2019. As such, there is no basis to stay any matters pending resolution of that motion. Additionally, Code of Civil Procedure § 404.5 pertains to the coordination of cases, which is not applicable here. Defendant's Motion to Expunge Lis Pendens Pending is a motion to expunge lis pendens by defendant California Department of Veteran Affairs. The motion is opposed. 1. LEGAL PRINCIPLES RE: LIS PENDENS A lis pendens is a re...

Excerpt: ...from defendants' conduct after Ms. Crowley admittedly defaulted on loan payments at the beginning of 2016 as a result of her household income being drastically reduced when she was laid off from her employment. (See Complaint in Case Number PC‐20180623, paragraph 12.) Defendants allegedly failed to discuss alternatives to foreclosure, failed to assess her financial situation, failed to advise her of a right to request a meeting with defendants ...

Excerpt: ... defendants' conduct after Ms. Crowley admittedly defaulted on the loan payments at the beginning of 2016 as a result of her household income being drastically reduced when she was laid off from her employment. (See Complaint in Case Number PC‐20180623, paragraph 12.) Defendants allegedly failed to discuss alternatives to foreclosure, failed to assess her financial situation, failed to advise her of a right to request a meeting with defendants ...

Excerpt: ...nd the common counts causes of action of open book account and account stated. The proofs of service declare that notice of the hearing was served by mail to defense counsel on January 7, 2019 and the moving papers were served on January 2, 2019 by overnight delivery to defense counsel. There is no opposition to the motion in the court's file. “For purposes of motions for summary judgment and summary adjudication: ¶ (1) A plaintiff or cross‐...

Excerpt: ...int with ten days leave to amend and denied the motion as it sought to strike the prayer for attorney fees and certain costs. Defendant/Cross‐Complainant Altoonian did not amend the cross‐complaint. On January 14, 2018 defendant/cross‐complainant Altoonian filed a motion for leave to file a 1st amended cross‐complaint to add allegations and prayers for an award of attorney fees and costs under the legal theories set forth in Code of Civil...

Excerpt: ...sts for admission, to provide further responses to form interrogatories, to provide a privilege log related to documents sought to be produced that defendant claims are privileged, and to provide further responses and production of those documents requested to be produced, with the exception of those documents identified in the privilege log; defendant was also ordered to provide the further responses and production within ten days and pay moneta...

Excerpt: ...ited to, insect and rodent infestation, mold, fungus, and asbestos. Pending is defendant Realogy Holdings' (“Realogy”) demurrer to the fourth, fifth, sixth, eleventh, and twelfth causes of action. 1. Standard of Review A demurrer is directed at the face of the complaint and to matters subject to judicial notice. (Code of Civ. Proc. § 430.30, subd. (a).) “It is not the ordinary function of a demurrer to test the truth of the plaintiff's all...