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: ...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: ...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: ...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: ...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: ...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: ...suant to Code of Civil Procedure, § 36(b) on the following grounds: minor plaintiff Dylan B. is four years old and has a substantial interest in the action. Notice of the March 14, 2019 hearing on the motion for preference and the moving papers were served by mail to defendant Select Property Management, Inc. There was no opposition to the motion in the court's file and the motion was granted. Therefore, trial must be set to commence within 120 ...

Excerpt: ... is a fatal defect as a misjoinder of parties within the meaning of Code of Civil Procedure, 430.10(d); the fraud based causes of action are fatally defective, because plaintiffs have failed to allege damages as a result of the alleged fraudulent conduct; the fraud based causes of action are vague, ambiguous, and uncertain in that they fail to plead facts with the required specificity to establish each of the elements of those causes of action; t...

Excerpt: ...UCC filings to send acknowledgments to the Angela Kim Carleton Trust and Deryl C. Zeleny. Default was entered against the respondents on February 26, 2019. On March 28, 2019 the court granted a default judgment striking and releasing the UCC liens and awarding petitioners attorney fees and costs in the amount of $12,835.50. Respondent Zeleny filed a motion to vacate and dismiss the complaint for fraud upon the court on behalf of both respondent Z...

Excerpt: ...nt would not release the vehicle to him without payment of an undisclosed amount by cashier's check. On April 5, 2019 the court reviewed plaintiffs' ex parte application for a temporary restraining order and preliminary injunction to prevent defendant Orchid Management from selling the vehicle to obtain payment for the purported disputed debt and to prevent the defendant DMV from transferring title pursuant to any such sale. The court granted the...

Excerpt: ...nment Code, § 815, because promissory estoppel is a common law claim and there is no specific statutory authority alleged in the complaint that declares governmental entities are liable for promissory estoppel; defendant County is immune from liability for the alleged misrepresentation related to leave coverage under Government Code, § 818.8; the failure to accommodate cause of action is fatally defective in that plaintiff admits her doctor adv...

Excerpt: ...e motion, ordered that venue be changed to the Los Angele County Superior Court, and ordered plaintiff to pay defendant $2,490 in attorney fees and costs incurred to pursue this motion. On January 9, 2019 plaintiff filed this motion to vacate the order pursuant to the provisions of Code of Civil Procedure, § 473(b). Plaintiff contends the order granting the motion was due to mistake, inadvertence, surprise, or excusable neglect due to the follow...

Excerpt: ... of the Board as mandated by Public Resources Code, § 21167.6(a) and Code of Civil Procedure, § 416.50. Respondent County also moves to dismiss the action with prejudice on the grounds that petitioner failed to properly serve respondent County within ten days of filing the petition as required by Public Resources Code, § 21167.6(a); and/or the action is barred by the applicable statute of limitations as it was not timely filed. Petitioner oppo...