Excerpt: ...e Court partially sustained MCWE's demurrer to the Second Amended Complaint filed by Plaintiffs Newport Harbor Ventures, LLC (“NHV”) and Vertical Media Group, Inc. (“VMG”) (collectively “Plaintiffs”), eliminating two causes of action; that on 6/24/15, Plaintiffs filed a Third Amended Complaint (“TAC”); and that on 6/24/15, the Court granted MCWE's motion for summary adjudication on three of the four causes of action, including all...

Excerpt: ...ndant. In the absence of appearance, mail service of the application is insufficient. Where the defendant has not yet appeared in the action and personal service is required, service must be made in the same manner as a summons. (Code Civ. Proc., § 482.070, subd. (d).) Also, here, the proofs of mail service do not show service on Defendant as opposed to other defendants in this action. The court also notes that on their face, the promissory note...

Excerpt: ... an agent of the tenant in Civ. Code § 1162(b)(2). The terms of the commercial lease agreement between the plaintiff and defendant provides that notices given are effective upon “…the earliest of the following: (i) personal receipt by either party or their agent…” The third amended complaint alleges that personal delivery of the notice to quit was made upon the defendant's officer manager on 03/10/17. The court finds that an allegation t...

Excerpt: ...s required setting forth contact information and plaintiff Crystal Cove's pending motion for attorney's fees. See, Rule 3.1362(e). Third, attorney Peter Holzer and his firm failed to give notice of the continued hearing date of 1-25-18 as ordered. On the merits, assuming the service and other procedural defects are resolved, attorney Peter Holzer and the Law Office of Peter Holzer's motion to withdraw as counsel for defendants Se Yull Oh and Jo J...

Excerpt: ...roper venue. CCP § 395(a). (“Where an individually joined defendant may be genuinely liable on the complaint, it has always been true plaintiff could choose that defendant's residence as the venue even though the corporate defendant was located elsewhere.” Buran Equip. Co. v. Superior Court (1987) 190 Cal.App.3d 1662, 1667.) The Michaels defendants reside in this county and are sued as individuals in the 9 th cause of action for violation of...

Excerpt: ...ause it might be required to satisfy the judgment against its insured. The moving party has attached a copy of the proposed answer to th e motion. Colfer Dec. ¶ 2, Exhibit A. The default was enters on July 5, 2017 and default judgment was entered o n July 14, 2017. Rodriguez Dec. ¶¶ 16. This motion was filed on October 10 , 2017. Therefore, it is timely under CCP § 473(b). The moving party has established its insured's default and de-fault ju...

Excerpt: ...is involved. Plaintiff has also shown a probability of prevailing on the merits of his first cause of action for violation of the Dodd-Frank Act. (15 USC 1602(bb); 15 USC 1639(c)(1); Verified First Amended Complaint at Paras. 16, 17, 21, 29; Ex. A to Verified First Amended Complaint; Romero Decl. in support of Reply, Paras. 4-7.) Plaintiff's evidentiary objections to portions of the Opposition filed by defendant RSA Premium Finance Company are ov...

Excerpt: ...rnational's 10 discovery motions filed in August 2017 and continued per ex parte order for hearing, motions relating to discovery were cutoff based on the August trial date. (8-28-17 Minute Order and Order filed 8-28- 17, as well as the 10-25-17 Minute Order.) Frank Li made no request for leave to bring any further discovery motions at the ex parte hearing on 8-28-17. Prevailing party to give notice 2) Frank Li's motion to compel further Response...

Excerpt: ...bina has been appointed as administrator and successor in interest by the probate court as to the estates of both plaintiff John Gambina and plaintiff's former successor in interest, Johnny C. Gambina. The court's records reflect that Dorothy Gambina has attempted to file a Substitution of Attorney, and has also filed a declaration requesting the court order the Substitution be filed, and recognizing Dorothy Gambina as successor in interest. Howe...

Excerpt: ...rtners, LLC Joinder Motions: Defendant Wailea Property Partners, LLC's (Wailea) joinder to defendant Colliers International Real Estate Management's (Colliers) demurrer to first amended complaint and motion to strike portions of first amended complaint is DENIED as both procedurally and substantively defective. First, the joinder is untimely. A joinder is timely if it is served and filed within the time for noticing the particular motion at issue...

Excerpt: ...aintiff's counsel are ordered in the future to dul y participate in the required meet and confer process, pursuant to CC P §430.41(a). Demurrer to 1st C/A for Breach of Written Contract The First Amended Complaint alleges fairly clearly, there was an ora agreement with specific terms (FAC ¶ 11) but it is less clear about the writte n contract. It alleges, the oral agreement “was later memorialized in variou s writings, together constituting a...

Excerpt: ...preter fees actually incurred for the second session of Mr. Jin's deposition, not to exceed $1,200.00. Plaintiff to pay for the costs for the court reporter. The second session of the deposition shall occur on a date to be agreed between counsel, but no later than two weeks from today's date. The court finds that circumstances exist to make the imposition of other monetary sanctions unjust at this time, however, should Defendant be required to ap...

Excerpt: ...derance of the evidence. (Weil & Brown, Rutter Group, Civil Procedure Before Trial, Chapter 8H-5, Section 8:1454.10, citing Stadish v. Superior Court (1999) 71 Cal.App.4th 1130, 1145.) A party seeking a protective order must also provide a declaration showing a reasonable and good faith attempt to resolve the issue with opposing counsel. (CCP 2025.420(a).) “[T]he issuance and formulation of protective orders are to a large extent discretionary ...

Excerpt: ...'s failure to comply with this court's orders to provide discovery was willful. Because the Plaintiff has failed and refused to comply with her obligations to provide discovery responses, and her failure to comply with this court's orders, Defendant Jamie Rico Olivarez's ability to prepare for trial has been substantially prejudiced. Given the short amount of time available before trial, an order of sanctions short of the requested terminating sa...

Excerpt: ...omplaint responses to the Defendant's discovery requests, and thereby suffer further prejudice in its preparation for trial, the Court reserves the right to revisit the issue of terminating sanctions and shall consider all of the evidence then presented, including the history preceding the date hereof. The Court Orders Plaintiff to serve second further non- evasive, verified responses to Defendant's Special Interrogatories Set No. One, and Inspec...

Excerpt: ...-opposition, stating she does not oppose the motion, and has not presented any evidence showing that moving party was properly served, as is plaintiff's burden. (Ziller, supra at 1232.) Plaintiff to give notice. ...

Excerpt: ...arge a daily fee if the expert is required by the requesting party to be available for a full day and the expert had to forego all business would have otherwise conducted but for the request that the expert be available all day for the scheduled deposition. The Plaintiff's Notice of Deposition for Dr. Haiavy states that: “If the deposition is not completed on the date set out above [01/03/18], the taking of the deposition will be continued from...

Excerpt: ... declaration of Plaintiff's counsel, none of which cite to the actual trial transcripts in this matter. By contrast, moving parties have provided specific cites to the trial record in support of their arguments against the sufficiency of any evidence concerning collectability. This matter is continued to February 1, at 2 p.m. Plaintiff is Ordered to file and serve a supplemental brief by no later than 4:30 p.m. on Monday, January 29, 2018, identi...

Excerpt: ...nst the Ogorzalek Deft; Sustain with 10 daysleave to amend; Special Motion to Strike The Ogorzalek Defts have failed to make a threshold showing that the challenged causes of action arise from protected activity; The gravamen of Pltf's claims are breach of fiduciary duty and elder abuse, not protected activities; Deny. ...

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Excerpt: ...; This showing supports the appointment of a receiver under CCP§564(b)(1); Grant motion as follows: -Deft to change title to the real property to show Pltf and Deft as joint tenants [if this has not already been done]; -Cooperate in the listing marketing and sale of the property; -Hold the sale proceeds in a blocked account pending resolution of the underlying disputes; Unless Deft vacates the property by Saturday, 1/27/18, the Court will appoin...

Excerpt: ...2030.290. Plaintiffs did not serve and have not served responses to these sets of discovery. Plaintiffs also did not file an opposition to Defendant's motions to compel. Defendant served the subject discovery requests by mail on August 17, 2017. Keidel Interrogatory Decl. ¶¶ 2-5; Keidel RFP Decl. ¶ 2. Responses were due September 21, 2017. Plaintiffs did not serve and have not served responses. Keidel Interrogatory Decl. ¶¶ 6-7; Keidel RFP D...

Excerpt: ...m Interrogatory No. 6.4.” Form Interrogatory 6.4 asked Plaintiff whether she received any consultation, examination or treatment from a health care provider for any injury she attributes to the incident at issue in this case, and, if so, to identify the provider, the type of consultation, examination or treatment provided, the relevant dates, and the charges to date. After Plaintiff served her responses to Request Nos. 1-7, 9, 10, 14 and 19, he...

Excerpt: ...Proc. Code § 2032.320 (a). Defendant has shown good cause for the second physical examination with a neurosurgeon. Prior to the first examination with the orthopedic surgeon, Defendant had no medical report indicating that Plaintiff needed surgery. Plaintiff's first neurosurgeon, Dr. Alexander Taghva, did not recommend surgery: “Unfortunately I have no surgery to offer patient, can consider NS second opinion.” Ex. E at 3. In Plaintiff's depo...

Excerpt: ...egarding Requests for Production Nos. 1, 6, 11, 13 and 19, Plaintiff's counsel is ordered to send Defendant's counsel a letter by February 1, 2018 stating whether Plaintiff has withheld any documents responsive to Requests for Production Nos. 1, 6, 11, 13 and 19 on the basis of any of the objections stated in Plaintiff's responses (initial and supplemental, if supplemental responses were served) to those Requests for Production. If Plaintiff has ...

Excerpt: ...gh inadvertence, THE PART DRAWINGS, any portion of THE PART DRAWINGS, and/or any drafts or earlier or later versions of THE PART DRAWINGS.” Plaintiff responded with an objection that the interrogatory is compound and further responded “Responding Party has never made the part drawings publicly accessible through inadvertence or otherwise.” Civil Procedure Code § 2030.060(f) states: “No specially prepared interrogatory shall contain subpa...

Excerpt: ...ant responded to Form Interrogatory No. 209.2 with only objections. Plaintiff's motion is granted, as limited by this ruling. Defendant is ordered to respond to Form Interrogatory No. 209.2 limited as follows: Except for this action, in the past five years has any employee employed in Defendant's Central Business Office or employed in any office overseen or supervised by the Senior Regional Director of Patient Accounting of West Region filed a ci...

Excerpt: ...otion to quash the subpoena to Dr. Stevens is granted. Defendant contends she seeks Dr. Stevens's records to obtain consent forms signed by Plaintiff and photographs of Plaintiff's face, mouth and teeth, and allegedly to prove Plaintiff was dissatisfied with her breast augmentation and “may suffer from body dysmorphic disorder.” None of these purported reasons for seeking Plaintiff's medical records from an unrelated procedure on a different ...

Excerpt: ...rminating sanctions were not served on plaintiff's attorney, Timothy Casey. While Casey's motion to be relieved was granted on 7-5-17 and the court signed the order on 7-6-17, no POS showing the order was served was ever filed. As a result, the order granting the motion to be relieved is, as yet, not in effect, and Casey remains counsel of record for plaintiff. Additionally, the street address used to serve plaintiff was not the address set forth...

Excerpt: ...otion, by setting a date and time for hearing pursuant to Code of Civil Procedure section 1212. The Motion is DENIED. “[T]he filing of a sufficient affidavit is a jurisdictional prerequisite to a contempt proceeding.” (Koehler v. Superior Court (2010) 181 Cal.App.4th 1153, 1169 (“Koehler”).) In indirect contempt proceedings based on a disobedience of a prior court order, a valid judgment must establish the following: (1) facts establishin...