Excerpt: ...ENIED AS MOOT. Defendant Kennedy states that he served responses April 7, 2016. No motion to compel further responses to special interrogatories, set five, is before the Court. Monetary sanctions against defendant Kennedy are DENIED. Defendant Kennedy served responses within 30 days, excluding the stay of litigation from February 4, 2016 through March 24, 2016. (Code Civ. Proc. §§ 391.6, 2030.260, subd.(a).) Monetary sanctions against plaintiff...

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: ...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files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.”].)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: ...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 (McKelvey v. Boeing North Am., Inc. (1999) 74 Cal.App.4th 151, superseded by statute on another point.)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: ...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: ...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: ...responsive separate statement, and admitted in his response to Request for Admissions to all the elements of this cause of action for Breach of Line of Credit Agreement, the Court cannot find any dispute of material fact. (Code Civ. Proc., § 437c, subd. (f)(1); Oldcastle Precast, Inc. v. Lumbermans Mut. Cas. Co. (2009) 170 Cal.App.4th 554, 568; Dec. of Tiberi ¶¶ 4 & 5, Exhibits 4 and 5.) The notice of motion does not provide notice of this Cou...

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: ...Code Civ. Proc., § 437c, subd. (q).) Defendant and cross‐complainant Andrew Cody's motion for summary judgment is GRANTED. (Code Civ. Proc., § 437c, subd. (a)(1).) Defendant establishes that plaintiff's action has no merit. It is undisputed that modifications to the Representation Agreement were required to be in writing and signed by all parties, and that Cody did not sign any modification. (Civ. Code, § 1698, subd. (c); UMF 3‐9.) As the ...

Excerpt: ...rs' motion for judgment on their petition for writ of mandate is DENIED. Respondent has shown that petitioners' right to access is clearly outweighed by a specific interest in nondisclosure of the records. (Gov. Code, § 6255; CBS Broadcasting, Inc. v. Sup. Ct. (2001) 91 Cal.App.4th 892, 908.) The notice of motion does not provide notice of this Court's tentative ruling system as required by Local Rule 11.4(b). Counsel for moving party, or the mo...

Excerpt: ...ion. (Code Civ. Proc., § 437c, subd. (q).) Defendant's motion for summary judgment is DENIED. (Code Civ. Proc., § 437c, subd. (p)(2).) There is a triable issue of material fact as to whether defendant failed to inspect the premises within a reasonable period of time. (UMF 5, 8; Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1203 & 1207 [“Whether a dangerous condition has existed long enough for a reasonably prudent person to have discovered it...

Excerpt: ...1085; Pub. Resources Code, § 21166; 14 Cal. Code Regs., § 15162, subd. (a).) The Court finds as follows: 1. The project provides the amount of affordable housing as required by the City's affordable housing ordinance. (Ordinance Nos. 2523, 2525; Resolution No. 18‐023.) Even if Ordinance No. 2525 was effective after the affordable housing plan was approved, petitioner has not shown that the City's action was “arbitrary, capricious or entirel...

Excerpt: ...es not consider defendant Gavin Mehl's motion in limine. Defendant's motion was not served and filed at least 16 court days before the hearing as required. (Code Civ. Proc., § 1005, subd. (b).) To the extent defendant's motion in limine seeks to exclude evidence from plaintiff's motion for summary judgment, defendant has not complied with the required format for written objections to evidence offered in support of a motion for summary judgment. ...

Excerpt: ...anctions have been paid to plaintiff. The Court GRANTS plaintiff's request for an additional $50.00 in monetary sanctions against defendant John Scaccia. (Scaccia Decl., ¶ 5; Code Civ. Proc., § 2023.030, subds. (a) & (d)(1).) If defendant fails to pay all monetary sanctions owed by November 4, 2019, the Court will entertain a motion for a terminating sanction against this defendant. Plaintiff's motion to compel further responses from defendant ...

Excerpt: ...h sufficient evidence regarding each disputed entry in order for the Court to determine the merit of the objections. (Maemorris Sales Corp. v. Kozak (1967) 249 Cal.App.2d 998, 1003‐04.) Petitioner City of Davis's motion for attorneys' fees and costs is GRANTED IN PART. (Health & Saf. Code, § 17980.7(c)(11) & (d)(11).) The Court awards $77,570.20 in attorneys' fees, which reflects a reduction by 20% for excessive time related to the preparation...

Excerpt: ...ction is not mainly local in nature; it is transitory. The Court finds persuasive on this point, Hammon v. American Exploration & Mining Co. (1962) 203 Cal.App.2d 306, a case which neither party cites. As this action is transitory, plaintiff may properly lay venue in this county based on the location in which the contract was entered. (Code Civ. Proc., § 395.) The only admissible evidence before the Court establishes that the lease was entered i...

Excerpt: ...econd cause of action for violation of Civil Code section 1102 et seq. is OVERRULED. (Code Civ. Proc., § 430.10, subds. (e) & (f).) Plaintiff adequately identifies the parties in this cause of action and a breach of the statutory duty to disclose. (Civ. Code, §§ 1102.1, 1102.6.) Defendant's demurrer to the third cause of action for breach of “good faith (written contract)” is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., § 430.10, s...