Excerpt: ...tract with Defendant in which Plaintiff agreed to provide storage and maintenance service for Defendant's aircraft —a Boeing 737 -300. Pursuant to the contract, Plaintiff has performed maintenance and stored the aircraft (and is still storing it in San Bernardino). Although Defendant has incurred charges of $124,498.07 for the maintenance and storage fees, it has only paid Plaintiff $4,403.31. That single payment was made on September 13, 2021....

Excerpt: ... attorney's fees pursuant to Code Civ. Proc. § 425.16(c). Plaintiff seeks fees in the amount of $21,600.00 and costs in the amount of $736.71. Defendant/Cross -Complainant opp oses the motion. Plaintiff/Cross -Defendant replies. Anti -SLAPP Attorneys' Fees Discussion Code Civ. Proc. § 425.16(c) states that “a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's attorney's fees and costs ”. “Atto...

Excerpt: ...oduction of Documents, Set No. Three Plaintiffs Roland Schuh, Michaelann Ingraham, Dustin Ingraham, Shenghao He, Leticia Urbina, Yaquelin Flores, Mario Juarez, and Alberto Marquez (“Plaintiffs”) Defendant California D epartment of Transportation (“DOT”) __________ Before the Court are three (3) discovery motions filed by the Plaintiffs against DOT. The Court has reviewed and considered the voluminous moving papers, Oppositions and Replie...

Excerpt: ...vering the engine and transmission in addition to various emissions warranties. (Compl. ¶ 9.) The Subject Vehicle had serious defects and nonconformities to the engine and transmission systems. (Compl. ¶ 10.) On September 21, 2023, Harrison filed her Complaint against defendant Hyundai Motor America (“Hyundai”) alleging the following three causes of action pursuant to the Song -Beverly Act: 1) Breach of Express Warranty; 2) Breach of Imp l...

Excerpt: ...concern Defendant's policies and procedures for handling Song -Beverly Act cases, and requests Nos. 30 to 31 concern similar customer complaints in vehicles of the same year, make, an d model as the subject vehicle. (Counsel Gregory Sogoyan Decl., at ¶ 21; Exhibit 8.) As background, Plaintiffs served these requests around September 15, 2023, and Defendant served responses around October 31, 2023. (Sogoyan Decl., at ¶¶ 14- 15; Exhibits 3 & 4.) ...

Excerpt: ...es both motions, and Luong replies to both as well. The Court finds that the parties have met the meet and confer requirements under Code Civ. Proc., §§ 430.41, subd. (a)(3) an d 435.5, subd. (a)(3). Analysis Luong demurs to the Breach of Contract cause of action in the Cross -Complaint contending that it is a conclusory pleading. He demurs for failure to state a cause of action as well as uncertainty. Namely, Luong states that Frontier fails ...

Excerpt: ...rogatories—was apparently rejected due to a filing irregularity. On January 30, 2024, the Court heard and granted the other six discovery motions. The Court ordered Defendants to resubmit their motion to compel Mauricio's further responses to s pecial interrogatories, which Defendants did that same day. Mauricio filed an opposition (one court day late). Defendants filed a timely opposition. A. Analysis At issue are Mauricio's responses to Sp...

Excerpt: ...e untimely so the objections were stricken but the responses remain. (Aiso Decl. at ¶5, Exh. A; Bergerson Decl. at p. 2:7 -24; 10/5/23 Minute Order.) Since no documents were produced, Plaintiffs Taylor and El la move to compel compliance with the October 5, 2023 Order (“10/5/23 Order”). Defendant Avis opposes. Plaintiffs Taylor and Ella reply. DISCUSSION Plaintiffs are seeking an order to compel Avis to produce documents per the 10/5/23 Orde...

Excerpt: .... He died (¶¶6163, 65, 67-70, 76). Defendant Sigma demurs to the 1st - 3rd causes of action. Plaintiff Michalski opposes. Defendant Sigma replies. DISCUSSIONS Judicial Notice Defendant Sigma requests judicial notice of two Superior Court ruling s from Los Angeles Superior Court and Sacramento Superior Court (Exhs. 1 -2). The Court DENIES the request as no applicable ground exists to judicially notice a superior court ruling. Analysis Procedural...

Excerpt: ...opposition. Plainti
¯ Derek Þled a joint reply. Analysis Procedurally, the parties met and conferred. (Walton Decl. at ¶¶3b-4b, 5-6, Exhs. DG.) Furthermore, the motions are timely in light of the granted 2-week extension. (Walton Decl. at ¶4b, Exh. E.) Substantively, the Þrst issue is the lack of veriÞcations from Defendant ZamÞr. To RFAs #39, 46, 52- 53, and 61-63, ZamÞr either admitted or denied the RFA, and to RFAs #45, 47-48, 57, & 5...

Excerpt: ...llenge to the correctness of the order itself, but Spring Valley's proper course would have been to seek appellate review of the order. (Code Civ. Proc., § 904.1, subd.'s (a)(11)-(12) and (b).) The purported erroneous nature of the order does not excuse a failure to obey with its terms. (Marriage of Niklas (1989) 211 Cal.App.3d 28, 34-35.) The RFA No.'s 79-80, 82-83, 85- 86, 88-89, 91-92, 94-95, 97-98, 100-101, 134, 136, 140, 154, 191, and 296 A...

Excerpt: ... (7) Compel further responses to requests for admission [from Mauricio & Federico / unopposed] Movants: Defendants Valley Transmission and Auto Repair, Inc., Edward Whittingslow, and Robert Larsen Respondents: Plainti
¯s Federico Martinez and Mauricio Martinez I. RELEVANT PROCEDURAL/FACTUAL BACKGROUND At issue are seven discovery motions Þled by Defendants—motions to compel each plainti
¯'s further responses to form interrogatories, special ...

Excerpt: ...e Motion to Strike Þled by Defendants Robertson's Transport, LTD., Robertson's Ready Mix, LTD., Michael R. Howard, RRM Development, and RRM Properties, LTD. (“Defendants”). Defendants seek to strike the allegations concerning the demand for punitive damages within the Shadwick's Complaint. SpeciÞcally, the moving Defendants seek to strike paragraphs 113, 123, 135, and 199215, and paragraph 7 of the prayer for relief. Plainti
¯s Shadwick, e...

Excerpt: ... January 11, 2024, Olmos and Cross-complainant filed his Opposition to Brancato's Special Motion to Strike, along with the declaration of attorney Edward M. Palmer (Decl. Palmer) in support thereof. On January 18, 2024, Brancato filed her Reply to Olmos' Opposition. Discussion and Analysis Brancato moves this Court for an order striking the following causes of achon and specific related allegations in the Cross-complaint filed by Olmos: (1) Secon...

Excerpt: ...ade secrets by all against all. Defendants Penwood, Lee, and Western answered. Defendant Western moves for summary judgment.[l] Plaintiff Comstock opposes. DISCUSSIONS A trade secret[2] is misappropriated if a person either (a) acquires a trade secret knowing or having reason to know that the trade secret has been acquired by improper means,[31 (b) discloses or uses a trade secret the person has acquired by improper means or in violation of a non...

Excerpt: ...Staff of San Antonio Regional Hospital. A first amended complaint ("FAC") was filed on July 7, 2023 asserting the following causes of acton for: (1) violation of Business & Professions Code, 517200, et seq.; (2) retaliation in violation of Health & Safety Code, 51287.5; and (3) intentional interference with Prospective Economic Advantage. On August 25, 2023, Defendants San Antonio Regional Hospital and Medical Staff of San Antonio Regional Hospit...

Excerpt: ...n, Inc. and Plaintiffs Deborah Stevens, Corrie Stevens, Kylee Warnick, and Tammara Mansel Bolthouse's Motion The Court reserves its ruling on the Bolthouse's motion since Plaintiffs indicated it their opposition that 1) the deposition of Bolthouse's PMK has yet to occur, and 2) Bolthouse has purportedly failed to respond to discovery. If the opposing party shows by declaration that essential evidence "may exist but cannot, for reasons stated, be ...

Excerpt: ... was November 6th. Plaintiffs did not file the Reply until the day after on November 7th. The prtnf of service attached to the Reply indicates Plaintiff served the Defendants by e-mail on November 7, 2023. The court, in discretion, may refuse to consider late-filed papers in ruling on a motion. Here, Plaintiff's Reply is one day late due to the court being closed on November 10th in observance of Veteran's Day. As Defendants are not likely to suf...

Excerpt: ...ever, the exact terms of the agreement are unclear and plaintiff merely contends Sauer failed to compensate or reimburse her for any of the services or ex#nditures. Based on these facts, plaintiff commenced suit against Sauer on September 11, 2023, for breach of contract and unjust enrichment. Attached to the complaint are a string of text messages and paperwork related to the short term rental approval process. One of the text messages appears t...

Excerpt: ... of Labor Code section 223; (4) failure to provide meal and rest periods; (5) violation of Labor Code secton 227.3; (6) violation of Labor Code section 246; (7) violation of Labor Code sections 201 and 203; (8) violation of Business and Professions Code section 17200; (9) violation of Labor Code sectons 226 and 1198.5; (10) violation of Labor Code section 233; (11) violation of Labor Code section 1102.5; (12) wrongful termination in violation of ...

Excerpt: ... on May 15, 2017 in The County of San Bernardino Official records attached as Ex.2, Doc# 2017- 0198044. The Court GRANTS judicial notice of the grant deed, RJN #2. With regard to the Complaint in this action, it is part of the Court file. Thus, it is unnecessary for the Court to take judicial notice since it has the power to look at its own case file. The Court therefore DENIES the request as unnecessary. (See Davis v. Southern California Edison ...

Excerpt: ...Witnesses (Motion) and Adhere to CCP 2034.450 (Request). Defendant's Motion and Request are supported by a declaration from counsel, Jeffrey A. Walker (Mr. Walker). Plaintiffs filed their Opposition to the Motion on October 26, 2023, which consists of a declaration from Plaintiffs' counsel, John Girardi (Mr. Girardi). Defendant filed his Reply on October 30, 2023. II. ANALYSIS Procedural Issues Plaintiffs' Untimely Opposition: Plaintiff's Opposit...

Excerpt: ...onsidered. DISCUSSION Improper Inclusion of Facts in Demurrer The function of a demurrer is to test the legal sufficiency of the challenged pleading. (Kendrick, supra, 82 Cal.App.4th at p. 357.) In analyzing the sufficiency, the court assumes the truth of all material facts that have been properly pleaded, of facts that may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be t...

Excerpt: ...dant argues in his Motion that the responses were incomplete or evasive and did not allow Defendant to properly assess Plaintiff's claim for damages. Further, Defendant argues Plaintiff's objections were without merit and too general. In his Opposition, Plaintiff indicates a supplemental response to *cial Interrogatories No. 4, 6 and 7 was served to Defendant on October 20, 2023. Plaintiff argues at this time the only remaining issue is that of s...

Excerpt: ...3, 2023. Defendant filed its Opposition to Plaintiff's Moton (Opposition) on October 19, 2023 II. DISCUSSION Plaintiff's Motion Defendant's cost memorandum, which was submitted on Judicial Council Form MC-OIO, seeks a total of eight thousand and forty-nine dollars and eighty-three cents ($8,049.83). These costs include two thousand and fifty-five dollars and thirty-eight cents ($2,055.38) for filing and moton fees; two thousand two hundred dollar...