Excerpt: ...riffin, effected on October 5, 2023. Request to Enter Default was filed and entered on July 18, 2023 against Adelanto. Adelanto's Motion to Set Aside Default Judgment was denied without prejudice on March 27, 2024. On April 8, 2024, Adelanto filed the instant amended motion to set aside default. Plaintiff opposed. Adelanto replied. DISCUSSION I. Statement of the Law A motion to set aside may be brought pursuant to either Code of Civil Procedure...

Excerpt: ...position, in which it noticed Aust's expert deposition on December 19th. The deposition notice included numerous document requests. (Kenney Decl. ¶3, Ex. B.) On December 14, 2023, Kyle Crossing served objections to the deposition notice, which includ ed an objection that Aust would not be available on the noticed deposition date. (Kenney Decl. ¶5, Ex. C.) On January 23, 2024, Ecosave served an amended notice for Aust's expert deposition. The da...

Excerpt: ...nal pay; (7) main tenance of required records; (8) accurate wage statements; as well as (9) violation of the unfair competition law and (10) civil penalties pursuant to the Private Attorneys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiffs represents all Defendants' current and former non -exempt employees who worked in California from September 6, 2018 to December 31, 2023. (Settlement, ¶2].) The PAGA period wo...

Excerpt: ...equests be deemed admitted….” (Code of Civil Procedure, Page | 1 section 2033.280, subd. (b).) “The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed r esponse to the requests for admission that is in substantial compliance with Section 2033.220.” (Code of Civil Procedure, section 2033.280, subd. (c).) “The law gover...

Excerpt: ...ditions, and Restrictions (CC&Rs) of Defendant Lake Chalet Homeowners Association (HOA). Plaintiffs assert that Defendant HOA violated the CC&Rs and relevant Bylaws by failing to maintain and repair common areas; not maintaining proper financial records; allowing Defe ndants Prine to make unilateral decisions concerning the development without proper meetings or voting; and permitting short term rentals in violation of the CC&Rs and City regulat...

Excerpt: ...ansferring funds from any bank account used in connection with the dispensary, other than for goods and services from existing vendors. Defendant will provide monthly account statements to verify compliance. Case Summary This is a business dispute and breach of contract c ase. The parties are, in essence, partners in a cannabis dispensary business. The individual Defendant Mierau formed and is the principle for Defendant SB Pharma, which owns the...

Excerpt: ...VSB2219102). Now, in anticipation of settlement and pursuant to stipulation, Plaintiff files a First Amended Complaint (FAC) on Case No. CIVSB2214190, and now asserts (1) wage statement violations and (2) civil penalties pursuant to PAGA. In anticipation of mediation, the parties engaged in the exchange of data and documents sufficient to value the case. Plaintiff received a significant documents and data relating to a 4 significant portion of...

Excerpt: ...al properties. CHEI was engaged with a third party to perform subcontractor services but was never paid for the work performed. CHEI subsequently engaged the services of TAA to collect on the debt. TAA indicated to CHEI that it would be able to obtain the monies owed by performing many tasks, including filing a mechanic's lien and seeking enforcement of the lien. The Complaint alleges that the lien was filed on December 1, 2021, but was never e...

Excerpt: ...0.41, subd. (a), 435.5, subd. (a)(1) -(2).) With the demurrer and strike motion, the moving party shall submit a declaration stating (a) how the parties met and conferred Page | 1 and no resolution was reached, or (b) the opposing party failed to respond to the demurring party's meet and confer requests or failed to meet and confer in good faith. (Code Civ. Proc., §§ 430.41, subd. (a)(3), 435.5, subd. (a)(3).) Alexandria O. Pappas submitted a d...

Excerpt: ...hicle Code § 23153(A) -F – DUI Alcohol/Drugs Causing Bodily Injury; (2) Penal Code §12022.7(B)- E – Great Bodily Injury – Brain Damage or Paralysis; (3) Vehicle Code §23153(B) -F – DUI Page | 14 Alcohol/0.08 Percent or More Causing Bodily Injury; and (4) Penal Code §12022 .7(B)-E – Great Bodily Injury – Brain Damage or Paralysis. Mr. Little has also attached copies of written discovery served upon Smith. For every response, Mr. Li...

Excerpt: ...ranties, the manufacturer, General Motors LLC (hereinafter “GM”), was unable to make repairs within a reasonable number of attempts. GM also allegedly failed to make restitution or provide a replacement and had purportedly concealed the defects from Munoz. As a result, Munoz commenced suit against GM on November 2, 2022, for various violations of the Song -Beverly Consumer Warranty Act (the “Act”) and for fraudulent concealment. In respon...

Excerpt: ...severe allerg y to cucumbers that Defendant knew about. Plaintiff unknowingly consumed the meal and suffered an anaphylactic reaction. Defendant has filed the instant Motion for Summary Judgment (Motion), along with a declaration from Marc J. Meth, M.D. (Dr. Meth) and Defendant's counsel, Michael D. Reid. The Motion is further supported by a Separate Statement of Undisputed Material Facts and Defendant's Separately Bound Document Evidence with E...

Excerpt: ...y at 6.) Pag e | 1 Under Code of Civil Procedure section 1005, subdivision (b), all papers opposing a motion shall be filed with the Court and a copy served on each party at least nine court days before the hearing on the motion. Given that the hearing on this motion is scheduled for May 14, Defendant was required to file and serve its opposition by May, but Defendant did not serve its opposition until May 3 and did not file its opposition unt...

Excerpt: ...s the vehi cle developed defects. Although it was taken for repairs, it was not repaired in a reasonable or conformed to its warranty. It alleges Defendant failed to provide a replacement or restitution. Plaintiff, therefore, filed suit on February 14, 2023, alleging breach of express warranty under the Song -Beverly Consumer Warranty Act, as well as negligent repair. Relevant here, Plaintiff propounded her first set of discovery requests, incl...

Excerpt: ...68 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has “broad discretion in making this determination.” (In re Microsoft I- V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the s trength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, ...

Excerpt: ...just enrichmen t as a cause of action). Movant Defendant to provide Order(s) and Notice. Discussion Defendant – VMS International moves the court pursuant to CCP § 430.10 to sustain its unopposed Demurrer on the grounds of wrong party, failure to state sufficient facts t o constitute a cause of action and uncertain pleadings as to all 5 causes of action (COA). Since the Demurrer is unopposed, the court reviewed and based it rulings on the movi...

Excerpt: ...ainst Defend ant Copeland (movant) and others relating to his request to recover funds following a fire on this property. Notably, Defendant Copeland was hired to assist with the insurance claim following the fire. On July 9, 2004, the court entered a significant financial judgment in favor of Plaintiff and against Defendant Copeland. (Plaintiff's Exh. 4.) In the 20 years since the judgment, there have been various attempts by Defendant Copel...

Excerpt: ... with Defendant's re -entry initiative and working with parolees. He alleges, there, he witnessed the center manager engage in inappropriate sexual behavior with one of the parolees. He further asserts that he objected to the behavior. He was terminated on November 10 , 2022, for an alleged violation of HIPAA. On March 22, 2023, Plaintiff filed her complaint against Defendant alleging (1) wrongful termination; (2) hostile work environment; (3) f...

Excerpt: ... a fraudulent trustee's sale; (2) fraudulent conveyances; (3) fraud and conspiracy to commit fraud; (4) declaratory relief; (5) conspiracy to commit fraud; 3 (6) slander of title; (7) intentional misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) c ancellation of false documents; (11) quiet title; (12) intentional interference with economic advantage; and (13) preliminary and permanent injunction. On May 23, 2022, Plaintiff...

Excerpt: ...3.) “On a motion for summary judgment, the issues are framed by the pleadings since it is those allegations to which the motion must respond.” (Scolinos v. Kolts (1995) 37 Cal.App.4th 635, 640- 41.) The analysis required of the trial court consists of three steps: (1) identify the issues framed by the pleadings, (2) determine whether the moving party's showing has established fact that negate the opponent's claim and justify a judgment in mov...

Excerpt: ... (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564 -1569.) Thus, the Court takes note that the documents exist. As Requests 6 & 7, however, the Court also takes note of the rulings set forth therein. As to the Demurrer: The Court would OVERRULE. Case Summary This is, e ssentially, a fraud cause of action predicated on Plaintiff's status as a judgment creditor from another case. Plaintiff allege they are creditors of Defendants by virtue of a civ...

Excerpt: ...hereinafter “Hou se”) and Gustavo Moreno (hereinafter collectively “Defendants”). On November 29, 2023, the Court sustained House's demurrer to the original form complaint on statute of limitations grounds with 10 days leave to amend after Plaintiff failed to file or prese nt an opposition. (Minute Order dated November 29, 2023.) Plaintiff untimely filed his first amended complaint (hereinafter “FAC”) December 14, 20231. 1Ten days ...

Excerpt: .... Plaintiff asked the Defendants, his sister and her husband, to be on the title to the property. However, Plaintiff paid the down payment and all carrying costs such as the mortgage payments, insurance, prop erty taxes, utilities, home improvements and maintenance. Plaintiff rented the property to various tenants and alleges that Defendants never lived on the property or otherwise contributed to the property – other than being on title. On Jan...

Excerpt: ...that all the discovery – and the motions – were served by email. However, movant fails to indicate in any declaration that Defendant consented to service by email. (See Rules of Court, rule 2.251(b).) The Court will inquire at hearing regarding agreement to such servi ce. Presuming proper service, the Court would (1) deem the Requests for Admission, Set One (RFA1) as admitted; and (2) compel responses to Requests for Production, Set One (RFP1...

Excerpt: ...sts Service of process Witness Fees $435.00 $1,556.54 $25,977.70 $845.40 $71,154.75 Models, enlargements, and photocopies of exhibits $30,744.29 13 16 Interpreter fees Other (trial prep, trial transcripts, etc.) $6,200.00 $93,781.22 1 The Cou nty of San Bernardino (hereinafter “County”) moves to tax Items 5, 12,1 13, and 16 on the ground that they are either not recoverable, not reasonable in amount, or were not reasonably necessary to the co...