Excerpt: ...or leave to intervene in Urquidi v. City of Los Angeles, LASC No. 22STCP04044. Should Plaintiffs be denied leave to intervene in Urquidi, the Court will revisit the stay and the pending demurrer. A status conference will take place on August 23, 2024 at 10:30 a.m. The parties shall file a joint status conference statement by August 16, 2024. REQUESTS FOR JUDICIAL NOTICE As to LASC's initial request for judicial notice: the Court GRANTS notice of...

Excerpt: ...ld have discovere d that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever period expires later.” The first part of this provision therefore requires childhood sexual assault lawsuits to be filed by the plaintiff 's 40th birthday. However, the theneffective CCP §340.1(q) extended the statute by up to three years, with the limitations period expiring by no later than January 1, 202...

Excerpt: ...enging the validit y of the Doe amendment, usually the Doe defendant themselves. This can be shown by demonstrating that the plaintiff knew both the defendant's identity and the facts giving rise to liability when the complaint was filed but did not name them. Taito v. Owe ns Corning (1992) 7 Cal.App.4th 698; Oakes v. McCarthy Co. (1968) 267 Cal.Ap.2d 231. Moving Party did not meet this burden. Arguably, plaintiff did know where the fall occurre...

Excerpt: ...tected c onduct of enforcing a judgment. (See Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1052, 1055 -1056 [holding trial court correctly granted anti- SLAPP motion]; Weeden v. Hoffman (2021) 70 Cal.App.5th 269, 286 -287 [obtaining and recording an abstract of judgment is protected conduct].) Plaintiffs fail to show defendant's conduct fell within the narrow anti -SLAPP exception for illegal conduct. (See Flatley v. Mauro (2006) 39 Cal.4th 299.) Def...

Excerpt: ...). Pla intiffs allege that defendants know about the bedbug infestation in their room and failed to completely eradicate it. [Complaint, ¶¶90 -91] From this, the reckless disregard of the probability of emotional injury is alleged. [Complaint, ¶94] These alleg ations are sufficient to state two of the elements. However, defendants have not alleged “severe” emotional distress. “Severe emotional distress [is] emotional distress of substant...

Excerpt: ...lear.” Plaintiff resubmitted a copy of the declaration with a visible signature. (ROA 248 [Not. of Errata, Exh. B].) In light of the “corrected” declaration, Defendants' evidentiary objections are overruled. The Court may properly consider the Stelzer Declaration and exhi bits attached thereto. (Gall v. Smith & Nephew, Inc. (2021) 71 Cal.App.5th 117, 125.) Plaintiff moves, under Rules 8.278 and 3.1702, for an order fixing the amount of att...

Excerpt: ...tar figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided.” (Id.) “As the plain wording of section 1794, subdivision (d) makes clear, the trial court is ‘to base th e fee award upon actual time expended on the case, as long as such fees are reasonably incurred —both from the standpoint of time spent and the amount charged.' [...

Excerpt: ...d 13 parking spaces. The Malarky Parties asserted that the parking spaces are exclusively for their customers of Malarky's Irish Pub. All of their claims were dismissed on summary judgment or voluntarily excepting the declaratory relief and conversion claims. The case then proceeded to a bench trial on 8/16/23 for the first of several issue to be adjudicated in distinct stages. The bench trial determined the legal interpretation of the First Ame...

Excerpt: ...(Id., rule 3.1800(a)(2) -(8); see Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 288 [evidence of damages is required for default judgment]; see also ROA No. 419 – Heidary Decl., in passim [one -page conclusory declaration].) There is also no affidavit of notice. (See Code Civ. Proc., § 587; Bae v. T.D. Service Co. of Arizona (2016) 245 Cal.App.4th 89, 108, fn. 15.) Indeed, there is no proof of service of the motion as to defendan...

Excerpt: ... requirements for re lief under C.C.P. § 1008(a). However, the Motion appears to be timely (see Markow Decl. at ¶ 23, in ROA 574), which the Opposition does not dispute. It is also based on “new or different facts, circumstances, or law” sufficient to support the Motion. (Id. at ¶ 24.) It also would in any event support reconsideration on the Court's own Motion, based on what has been presented. (See Le Francois v. Goel (2005) 35 Cal.4th 1...

Excerpt: ...to provide dis covery. (Code Civ. Proc., § 2023.010, subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) If a party fails to obey an order compelling answers to discovery, the court may impose whatever sanctions are just, including issue sanctions, evide nce sanctions, terminating sanctions, and monetary sanctions. (Code Civ. Proc., § 2023.030.) Imposition of sanctions for misuse of discovery lies within the trial court's discr...

Excerpt: ...t least 21 day s before the motion is filed. Section 128.7(c) reads, in pertinent part: "A motion for sanctions under this section shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). Notice o f motion shall be served as provided in section 1010, but shall not be filed with or presented to the court unless, within 21 days of service of the motion, or any other p...

Excerpt: ...m. The Ci ty moves for summary adjudication of 18 issues against defendant TIG Insurance Company. The City asserts that TIG has a duty to defend the City in three lawsuits under three TIG policies (No. SSP -37391435 for the period July 1, 1996- July 1, 1997; No. SSP-0037510979- 00 for the period July 1, 1997- July 1, 1998; and No. SSP-0037510979- 02 for the period July 1, 1998- July 1, 1999) (Issue Nos. 1 -9), and that TIG breached that duty (Iss...

Excerpt: ...ond cause of action for stri ct products liability. Request for Continuance In the alternative, Valley Forge contends that the hearing should be continued under Code of Civil Procedure section 437c(h) as additional facts regarding the purchase, installation, and failure of the Culli gan System will be revealed through additional discovery including the deposition of Defendant, Morris Inc.'s PMK which has not yet been taken; and which has been rev...

Excerpt: ...nt to C.C. P. §§ 2023.010, 2023.030, 2033.280(b). PLAINTIFF also moves for an Order compelling DEFENDANT HORIZON CONSTRUCTION & REMODELING, INC. to serve verified responses, without objection, to Plaintiff's Form Interrogatories - Employment [Set Three], within ten (10) calendar days of the hearing on this Motion. (ROA 144.) Plaintiff moves for an order that Defendant Horizon and its counsel of record Fred Hayes and Rogers, MacLeith & Stolp, L...

Excerpt: ...on motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” “A court ruling on a motion u nder CCP § 664.6 must determine whether the parties entered into a valid and binding settlement. A settlement is enforceable under section 664.6 only if the parties agreed to all ...

Excerpt: ...s Abraham Cannon and MyMoveBid.com “to provide software development services for the MyMoveBid.com platform,” but that defendants have not paid over $135,000 for services performed. The complaint also alleges that “MyMoveBid.com is a fictitious business name for Abraham Cannon and if it is an entity, he is the alter ego of such entity.” (The court notes the written agreement attached to the complaint is executed by “Abraham Cannon.” ...

Excerpt: ... the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbi tration agreement, is in default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material breach.” Se...

Excerpt: ...by Civ. Proc. Code § § 1032 and 1033.5. Plaintiff was the prevailing party at trial against each of the defendants other than 33D. (ROA #574.) “The mere filing of a motion to tax costs may be a “proper objection” to an item, the necessity of which appears doubtful, or which does not appear to be proper on its face. [Citation.] However, “[i]f the items appear to be proper charges the verified memorandum is prima facie evidence that the...

Excerpt: ...elez [RO A # 1104], are sealed. Statement of Law “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2...

Excerpt: ...ode Ci v. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581(h).) Here, Defendant, a Utah resident, asserts the cou rt lacks personal jurisdiction over him as it relates to Plaintiff's complaint. Defendant submits evidence showing he has been a resident of Utah since 2015, has a Utah driver's license, ...

Excerpt: ...ubstitutions of attorn eys have been filed such that Ms. Maxwell and Mr. Trela no longer represent any of Defendants, after previously representing all Defendants. The motion is made pursuant to Code of Civil Procedure sections 128.5 and 128.7(b). The motion and arguments in support of it are sparse, but it is clear the motion is based on the mistrial declared in this action on September 12, 2023, after Ms. Maxwell and Mr. Trela declared a con�...

Excerpt: ...ent infliction of emotional distress and one of the two defamatory statements alleged as the basis for the first cause of action for defamation (and the court of appeal affirmed that ruling). The governing analysis for a fee motion regarding a partially successfu l special motion to strike was described in Mann v. Quality Old Time Serv., Inc. (2006) 139 Cal.App.4th 328, 344- 345: “An award of attorney fees to a partially prevailing defendant ...

Excerpt: ... of two terms: (1) six months after the person's death, or (2) the limitation period that would have been applicable had the person not died.” Parsons v. Tickner (1995) 31 Cal. App. 4th 1513, 1525; Code Civ. Proc., § 377.30. The two -year statute of limitations, CCP § 335.1, applies to statutory elder abuse and negligence claims. Defendant argues the statute of limitations has run, even with the application of Emergency Rule 9(a), which s...

Excerpt: ...action for breach of contrac t requires pleading of a contract, plaintiff's performance or excuse for failure to perform, defendant's breach, and damage to plaintiff resulting therefrom.” (Munoz v. MacMillan (2011) 195 Cal.App.4th 648, 655.) “A written contract may be pleaded either b y its terms— set out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated therein by reference— or by its lega...