Excerpt: ... or the truth of any matter when requested to do so under this chapter, and if the party requesting that admission thereafter proves the genuineness of that document or the truth of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees.” (Ibid.) Plaintiff has provided s...

Excerpt: ...ry to the conduct of the litigation. (Code Civ. Proc., § 1033.5, subd. (a)(3), (c)(3) & (4); Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131; Segal v. Asics America Corporation (2020) 50 Cal.App.5th 659, 668.) Plaintiff has voluntarily withdrawn $958.40 of these costs. 2. The motion to tax deposition costs as to room rental for taking depositions ($5,500.00) is DENIED. Plaintiff has demonstrated that the amended cost of $3,115.00 was reasonabl...

Excerpt: ...rmane to the disposition of the instant motion. (Code Civ. Proc., § 437c, subd. (q).) Gillette, as trustee's motion for summary adjudication on plaintiff Protech Services, Inc.'s (“Protech”) sixth and fourteenth causes of action for fraud/concealment and computer hacking against the trust in the Yolo County Superior Court action (“Yolo action”) is DENIED. (Code Civ. Proc., § 437c, subd. (f)(1).) Res judicata and collateral estoppel cann...

Excerpt: ...480‐ 8488.) It also strikes $1,882.50 of the attorneys' fees for Sims, Lawrence and Arruti not related to the preparation and prosecution of the petition to release mechanic's lien and awards a total of $6,180.00 in attorney's fees. (Ibid.) The attorneys' fees shall be paid by Defendant to Plaintiff by December 31, 2019. The Court taxes the cost the of $32.85 for the certified copy to United Bakery and awards $786.15 in costs to Plaintiff. Defe...

Excerpt: ...ndant's request for monetary sanctions against plaintiff is GRANTED in the amount of $400.00. (Code Civ. Proc., §§ 2023.010, subd. (i) & 2023.020; Lafayette decl., ¶ 13.) The Court declines to award monetary sanctions for time not yet incurred. Further, sanctions are only awarded for Mr. Lafayette's time spent on the opposition because Ms. Garcia and Mr. Chun have not filed declarations substantiating their time. Mr. Lafayette's statements abo...

Excerpt: ...de of Civil Procedure section 2025.280, subdivision (a) a deposition notice can only be served on a party to the action. The District Attorney is not a party to the action. The motion to quash the deposition subpoena for personal appearance and production of documents of the person most knowledgeable, Yolo County District Attorney's Office is GRANTED IN PART. The deposition of the Yolo County District Attorney, and all of its agents, employees, o...

Excerpt: ...s not allege that he exhausted administrative remedies as required. (Yamaha Motor Corp. v. Superior Court (1987) 195 Cal.App.3d 652, 657; cf. Plantier v. Ramona Municipal Water District (2019) 7 Cal.5th 372, 376.) The first amended complaint is also uncertain, as its allegations are not sufficient for defendant to reasonably determine what issues must be admitted or denied. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Th...

Excerpt: ...all required elements for both causes of action against defendant. (Code Civ. Proc., § 337a; H. Russell Taylor's Fire Prevention Service, Inc. v. Coca Cola Bottling Corp. (1979) 99 Cal.App.3d 711, 726‐727; Trafton v. Youngblood (1968) 69 Cal.2d 17, 25; Zinn v. Fred R. Bright Co. (1969) 271 Cal. App. 2d 597; UMF 1‐5, 12‐ 16.) Pursuant to the terms of the cardmember agreement, defendant agreed to be jointly and severally bound to the terms o...

Excerpt: ... be determined at trial. The plaintiff's complaint states a cause of action and is not legally uncertain. If no hearing is requested, this tentative ruling is effective immediately. No formal order pursuant to California Rule of Court 3.1312, or further notice is required. ...

Excerpt: ...able precision and with particularity sufficient to acquaint a defendant with the nature, source, and extent of his causes of action. (Youngman v. Nevada Irrigation Dist. (1969) 70 Cal.2d 240, 245.) Plaintiff has also pled sufficient facts to establish the existence of an ascertainable and sufficiently numerous class, a well‐ defined community of interest, and substantial benefits from certification that render proceeding as a class superior to...

Excerpt: ...r discovery despite reasonable diligence. (McKelvey v. Boeing North Am., Inc. (1999) 74 Cal.App.4th 151, superseded by statute on another point.) If no hearing is requested, this tentative ruling is effective immediately. No formal order pursuant to California Rule of Court 3.1312 or further notice is required. ...

Excerpt: ...D IN PART. (Cal. Rules of Court, rule 3.1348(a) [“The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.”].) Defendant served further responses to plaintiff's first set of requests for production of docume...

Excerpt: ...atic stay is not revived when the case is reopened.”].) Plaintiff Rakesh Vij's request for judicial notice is GRANTED. (Evid. Code, § 452, subd. (c).) Defendant's requests for judicial notice are GRANTED. (Evid. Code, § 452, 453.) Plaintiff's unopposed motion for summary judgment is GRANTED. (Code Civ. Proc., § 437c, subd. (a)(1).) Plaintiff has established all required elements for his unlawful detainer claim against defendant Gavin Mehl. (...

Excerpt: ...correct summons was used as Ms. Brewer has submitted to the personal jurisdiction of this Court. (Code Civ. Pro., §§ 418.10, 1014.) Ms. Brewer is ordered to answer the first amended complaint within 5 calendar days. (Cal. Rules of Court, rule 3.1320(g).) Defendant Charles Brewer's motion to set aside default is DENIED. (Code Civ. Pro., § 473, subd. (b).) Mr. Brewer did not attach a copy of his proposed pleading to the motion to set aside defau...

Excerpt: ...st, and defendant has not shown that such costs are reasonable and necessary to the conduct of the litigation. (Code Civ. Proc., § 1033.5, subd. (c)(4); Nelson v. Anderson (1999) 72 Cal.App.4th 111, 132.) 2. The motion to tax deposition costs is DENIED. This is an allowable cost, and plaintiff fails to demonstrate that the costs incurred were not reasonable and necessary to the conduct of the litigation. (Code Civ. Proc., § 1033.5, subd. (a)(3)...

Excerpt: ...en the Court's order granting the motion to compel arbitration and stay the action. (Code Civ. Proc., § 1281.4.) Plaintiff Ron Prasad cites no legal authority supporting a right to conduct discovery after arbitration has been compelled and the action has been stayed. (Titan/Value Equities Group, Inc. v. Sup. Ct. (1994) 29 Cal.App.4th 482.) Proceedings on defendant J.W. Logistics, LLC's demurrer to plaintiff's complaint are STAYED pending complet...

Excerpt: ... first amended complaint is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e).) In order to rely on the discovery rule for delayed accrual of a cause of action, “[a] plaintiff whose complaint shows on its face that his claim would be barred without the benefit of the discovery rule must specifically plead facts to show (1) the time and manner of discovery; and (2) the inability to have made earlier discovery despite reasonab...

Excerpt: ... nos. 1, 6‐13, 18‐21, 23, 24, 26, 29‐31, 34, 37, 41 & 42 to the declaration of Alma Ponce are SUSTAINED. The remainder of the objections are OVERRULED. The Court does not consider any evidentiary objections made within plaintiffs' response to defendant's separate statement, as they do not comply with California Rule of Court 3.1354. The Court also disregards any disputes to defendant's separate statement which do not cite the evidence relie...

Excerpt: ...ablished if answers are not received by a specified date, often accompanied with costs and fees to the moving party. It is only when a party persists in disobeying the court's orders that the ultimate (“doomsday”) sanctions of dismissing the action or entering default judgment, etc. are justified. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796; Lopez v. Watchtower Bible & Tract Soc. of New York, Inc. (2016) 246 Cal.App.4th 566, 604.) Defend...

Excerpt: ...ity to support the requirement that discovery responses must include evidentiary facts. (See Cal. Rules of Court, rule 3.1345.) Plaintiff's objections to the reply declarations in support of defendants' motion to quash are SUSTAINED, and the declarations attached to defendants' reply are STRICKEN. Defendants may not include new evidence not included in plaintiff's original moving papers in a reply. (Code Civ. Proc., § 1005, subd. (b).) Defendant...

Excerpt: ...(San Diego Watercrafts, Inc. v. Wells Fargo Bank, N.A. (2002) 102 Cal.App.4th 308, 316.) Defendant's request for judicial notice is GRANTED. (Evid. Code, § 452, subd. (d).) Defendant's motion to compel the joinder of third party Amy Edwards is DENIED. (Code Civ. Proc., § 389, subd. (a).) Defendant fails to show in Ms. Edwards's absence, complete relief cannot be accorded among those already parties, or that she claims an interest relating to th...

Excerpt: ... (a).) On a motion to compel, the burden is on the objecting party to sustain the objection by detailed evidence showing precisely how much work is required to answer; conclusionary statements are not sufficient. (West Pico Furniture Co. of Los Angeles v. Sup. Ct. (1961) 56 Cal.2d 407 [declaration by manager that search of 78 branch offices would be required was insufficient; should show hours required].) Because defendants do not supply supporti...

Excerpt: ...tice is DENIED. (Evid. Code, § 452.) The subject documents are extra‐record documents. Petitioner did not give all parties notice of her intention to cite or rely upon any extra‐record documents. (Stipulation and Order, October 22, 2018, ¶ 6.) Petitioner's first amended verified petition for writ of mandate is DENIED. (Pub. Resources Code, §§ 21168, 21168.5.) The Court finds as follows: A. The Project is not exempt from the California Env...

Excerpt: ... court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.”) Plaintiff states in his “non‐opposition” that “[t]here is correspondence not before this Court stating that Plaintiff was and is cooperating with...

Excerpt: ...de “only material facts and not any facts that are not pertinent to the disposition of the motion.” (Cal. Rules of Court, rule 3.1350(d)(2), emphasis added.) If a triable issue is raised as to any of the facts in a separate statement, the motion must be denied. (Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252.) Plaintiff has shown that a triable issue of one or more material facts exists as to this cause of action. (UMF 7, 8, &...