Excerpt: ...n 15 calendar days of this order. Defendant General Motors' Motion to Compel Defendant's Motion to Compel the Deposition of Plaintiff is DENIED. When a party is served with a deposition notice but fails either to appear for examination or to proceed with it, or to serve a written objection to the notice at least three calendar days before the scheduled date for the deposition, the party giving notice may move for an order to compel the deponent's...

Excerpt: ...leged tort feasors or co- obligors upon giving notice..." (CCP 5877.6 sub (a) (1).) Good faith settlement may be determined by the court based on affidavits served with the notice of hearing, any counter affidavits in response, or the court may receive other evidence at hearing. (CCPS877.6 sub Such a determination bars other joint tort feasors or ccyobligors from further claims against the settling tort feasor or co-obligor for equitable comparat...

Excerpt: ...ursuant to Cal Evidence Code 5452 sub (d) (1) is GRANTED. 8. Defendant's [01/31/2022] Objection No. 1 to the Declaration of M. Gavron in support of motion at 94 on the basis that it provdes incomplete testimony, is irrelevant, and speculative, on the basis that the attached portions of the deposition did not include all corrections to the deposition testimony is SUSTAINED (Incomplete). Objections Nos. 2-15 to EX B - Rogers Deposition 118:2- 119:4...

Excerpt: ...emurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) The court does not look to a plaintiff's ability to prove the allegations in the complaint, or whether they will be able to make such proofs in assessing whether the complaint is legally sufficient. (Alcorn v. Anbro Eng'g, Inc. (1970) 2 Cal. 3rd 493,496.) A complaint "is suffic:ient if it alleges ulti...

Excerpt: ...an Elec. Corp., (2007) 146 Cal.App.4th 1474, 1476 (citations and internal quotation marks omitted).) "Attachment is a harsh remedy because it causes the defendant to lose control of his property before the plaintiffs claim is adjudicated." (Martin v. Aboyan, (1983) 148 Cal. App. 3d 826, 831.) "Since California's attachment law is purely statutory, it must be strictly construed." (VFS Fin„ Inc. v. CHF Express, LLC, (C.D. Cal. 2009) 620 F. Supp. ...

Excerpt: ...sideration Defendant's Motion for Reconsideration is DENIED. A party may seek a reconsideration of a court's order or ruling within 10 days of the issuance of the order, on the basis that reconsideration is warranted by the discovery of new facts or new law. (Cal. Code of Civ. Proc. 51008.) There are no new facts or law presented in this motion, nor should the court exercise discretion to grant relief in the face of Defendant's ongoing failure to...

Excerpt: ...erpreting contract, the court must therefore give ordinary meaning to the words employed in the settlement. The Defendant's CCP 664.6 motion to enforce the settlement by requiring Plaintiff to build such a fence by a date certain or repay the $30,000, plus interest, is DENIED. The initial stipulation was signed by the parties in 2016, agreeing on a survey which resolved their boundary dispute. In it, Defendants agreed to pay Plaintiffs $30,000 in...

Excerpt: ...im, upon which his motion is based, is highly unlikely. In light of the fact that the proposed relief, halting Defendants' operations and management of the facility, is a substantial change in the status quo, the balance of the hardships does not favor the Plaintiffs. The request for a Temporary Restraining Order is DENIED. The Plaintiffs' request for temporary order is grounded in his claim that Defendants are trespassing. The elements of trespa...

Excerpt: ...ndards Enforcement v. Davis Moreno Constr. Inc. (2011) 193 Cal.App.4th 560, 570.) Such a motion may be filed at any time. (See Manson, Inver & York v. Black (2009) 176 Cal.App.4th 36, 42.) However, a judge may deny the moton if the defendant has not exercised diligence in seeking relief after discovering the mistake and if the plaintiff has been prejudiced by the lack of diligence. (See Rappleya v. Campbell (1994) 8 Cal.4th 975, 983-984.) Here De...

Excerpt: ... Documents, Set One, on Caltrans. The requests at issue, generally, seek records and reports involving or occurring near the location of the incident that is subject to the current lawsuit. Caltrans replied to each request that, "despite a diligent search and reasonable inquiry into the requested documents, Defendant is unable to comply because the requested documents are not in Defendant's possession." Plaintiffs rely on the existence of a state...

Excerpt: ...been filed. The motons are GRANTED. Generally speaking, all forms of written discovery are due within thirty days. (CCPSS2030.260, 2031.260, 2033.250(a).) The time to respond is automatically extended by two days based on electronic service, (CCPS1010.6.) or five days based on service by postal mail. (CCPS1005.) A failure to provide a timely response to a discovery request authorizes a motion to compel responses. Service of untimely response does...

Excerpt: ... 4th 758, 768.) Ordinarily, a request for the court to reconsider a prior decision must be made within ten days after the service of notice of the entry of the underlying order (CCPS1008(a).) However, this tme constraint is inapplicable when a party renews a motion or the court, sua sponte, reconsiders an order when there has been a change in law. Therefore, the court determines that based on the announcement of the decision in Garcia v. Superior...

Excerpt: ...04. The building rented to various tenants conducting various businesses on the premises. Plaintiff's father had purchased an insurance policy with Allstate Insurance through a local insurance broker, BishopLusink Insurance Agency which covered the premises. Plaintiff maintained this policy without alteration after the close of escrow and thereafter. Subsequently, on July 12, 2020, Plaintiff's building caught fire resulting in substantial damage ...

Excerpt: ...ially and unilaterally scheduled, for October 13, 2022. Defendant served their objections to the foregoing on Plaintiff one day prior to the date scheduled for the deposition. Defendant objected to all of the areas of inquiry on the bases of relevance, over‐breadth, burdensomeness, privilege (attorney‐client), and trade secret information. On September 27, 2022, Plaintiff served Defendant by email with the Request for Production of Documents,...

Excerpt: ...icial notice pursuant to Ev. Code §§452(h), 453. The Court noted that Defendant, City of Hollister, was the prevailing party, including on appeal. The Defendant's entitlement to prevailing party attorney fees was thus supported by a straightforward analysis based on the clear language of the attorney's fees provision in the subject Annexation Agreement as well as the mandatory reciprocal fees language found at Civ. Code §1717. The Court must l...

Excerpt: ...oore1 was removed as trustee of the Frank Sanchez Living Trust (hereafter, the Trust) in 20172 . Subsequently, Mary filed a new civil complaint on 5‐12‐22 alleging she was not properly compensated for her prior work as the Trustee of the Trust, and raising additional issues relating to the internal administration of the probate trust. Defendant argues that their demurrer to the Plaintiffs causes of action should be sustained because there is ...

Excerpt: ...e Plaintiffs, but entry of the same was stayed to allow the Defendants to complete the terms of the agreement as defined in paragraphs 4‐8, inclusive, of the stipulation. The parties reserved the court's jurisdiction to set aside the dismissal and enter judgment upon a showing that Defendants failed to complete the terms of the settlement. The Plaintiff now asserts that Defendant has defaulted on the parties' written settlement agreement. On Au...

Excerpt: ...tlement agreement. On June 29, 2022, Plaintiff filed its Motion for Enforcement of Settlement Agreement and Award of Costs and Attorney's fees, pursuant to CCP§664.6. There is no Opposition. California Code of Civil Procedure §664.6 invests the court with the power to enforce settlement agreements with summary procedures as defined by the statute. Under the code, if parties to pending litigation stipulate out of court in a writing signed by bot...

Excerpt: ... would be produced, or are otherwise non-complaint. Similarly, Defendant requests monetary sanctions of $1800 pursuant to CCP §2023.010.2023.020. 2023.030, and 2033.290(c), representing the reasonable expenses including fees incurred as a result of non-compliant responses and the failure to meet and confer in good faith to informally resolve the dispute. In general, any party may obtain discovery by inspecting, copying, testing, or sampling docu...

Excerpt: ...e the court issued its order, the Objector has also failed to state new or different laws as a basis for the motion. In the absence of new or different facts, the motion for reconsideration must be denied. The Objector's motion to amend pleadings and set aside the order of May 26, 2022 pursuant to Code of Civil Procedure 473 is also DENIED. While the Objector is correct that the policy of the courts favors disposition of matters on their merits, ...

Excerpt: ...ttlement agreement. On June 29, 2022, Plaintiff filed its Motion for Enforcement of Settlement Agreement and Award of Costs and Attorney's fees, pursuant to CCP§664.6. There is no Opposition. California Code of Civil Procedure §664.6 invests the court with the power to enforce settlement agreements with summary procedures as defined by the statute. Under the code, if parties to pending litigation stipulate out of court in a writing signed by bo...

Excerpt: ...uses of action for both General Negligence, and Premises Liability, alleging negligence and willful failure to warn, and claims that that Van Unen was an employee of the Defendants, that he was intoxicated at the time of the incident, that the golf cart which struck him on was owned by the Defendants, and that they and each of them ratified Van Unen's presence and use of the golf cart on 9‐14‐19. Defendants, except Van Unen, collectively move...

Excerpt: ...iff then attempted to file an Answer on April 26, 2021, which was stricken by court order on 11/09/2021. (Court file, Order Striking Answer file stamped November 9, 2021.) Plaintiff and Cross‐Defendant LCR Asset Management, LLC, has now moved to set aside entry of default. Code of Civil Procedure section 473(b) states there is a six‐month window in which a party may seek to set aside a default or other order entered against a party due to tha...

Excerpt: ...ncluding but not limited to the costs of his medical care, wage loss, and loss of earning capacity. (Complaint ¶¶ 7,8.) Based on the alleged damages Defendant subpoenaed records on February 7, 2022 from Marine Diving Solutions, LLC, the company which Plaintiff is both owner and employee. The subpoena was accompanied by a notice to consumer or employee and for objections. The Defendant received neither objections nor the requested documents by M...

Excerpt: ...earing date on the motion, which defeats the motion to deem admitted. (St. Mary's v. Superior Court (2014) 223 Cal. App. 4th 762, 776‐ 778.) Defendant's motion to be relieved from waiver of all objections for lack of timely response to discovery is GRANTED. Review of the correspondence recounting counsel's communication to extend time to respond to discovery shows an intent to stay formal discovery until thirty days (30) after mediation had occ...