Excerpt: ...d is otherwise DENIED as to all other causes of action. Plaintiff's request for judicial notice of other lawsuits against Defendants is DENIED and Defendants' objection thereto is SUSTAINED. Defendants' Evidentiary Objections, filed 8‐11‐21, are ruled upon as follows:  Obj. No. 1. OVERRULED.  Obj. No. 2. OVERRULED. Defendants object to this evidence on the basis of hearsay, but it appears that this evidence is not being used to show the...

Excerpt: ...Court. Plaintiff filed a notice that the case was “at issue” and requested a court trial – at a time when Benjamin Skelton was not a party, and given no notice thereof. The notice of the pretrial conference and of the trial were not served upon Benjamin Skelton. No default was ever entered against Benjamin Skelton – nor requested. No service of process or notice of trial was given to him as an unidentified occupant either, nor was any def...

Excerpt: ...tober 19, 2021 hearing date and retains the November 9, 2021 hearing date. The parties are to cooperate in having the discovery completed. The Court has some initial comments regarding the parties' actions to date in litigating this case. Not every dispute should require court intervention, and those that do should not necessitate inundating the Court with voluminous briefing and documentation. Plaintiff filed this case less than six months ago, ...

Excerpt: ...ne Group Capital Corp. is the alter ego or successor of the judgment debtor. This matter was continued from August 3, 2021 because Plaintiff's counsel had not been aware of any opposition having been filed. Accordingly, the Court continued the hearing so that Plaintiff could file a reply. This tentative is issued after review of that reply and supporting declaration. Plaintiff seeks to amend the judgment to add Fortune Group Capital Corp. as a ju...

Excerpt: ...the Court notes that Defendant Essex has filed, and Defendant Suffolk has requested joinder in, a “Motion to Release Mechanic's Liens (Lambert Motion).” However, the property at issue has been released from the mechanic's liens by the release bonds filed by Defendant Suffolk pursuant to Civ. Code, § 8424, which provides that “On recordation of the bond, the real property is released from the claim of lien and from any action to enforce the...

Excerpt: ...d Simon under Code of Civil Procedure section 36(a). However, they fail to present admissible evidence as to their age and health. Plaintiffs' counsel submits his own declaration in support of this Motion, with exhibits attached. A declaration supporting a motion for preference under section 36(a) “may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and prognosis of any pa...

Excerpt: ...position brief requests, as an alternative to the Court ruling on the motion, a continuance of the hearing to allow Plaintiffs additional time to conduct discovery. See Code Civ. Proc. Sect. 437c(h). Plaintiffs contend they have been denied an opportunity to depose, or at least to fully depose, Defendant Robert Scott. The request for a continuance is DENIED. Portions of Defendant Scott's deposition have been filed with Plaintiffs' Opposition brie...

Excerpt: ...plicable. Plaintiff's Motion for Additional Discovery, Compelling Further Responses. Plaintiff's Motion for Additional Discovery is DENIED. Plaintiff seeks an order permitting additional discovery after having already served on Defendant the maximum number of interrogatories and requests for admission allowed in limited civil cases. ( See C.C.P. section 94(a)). On noticed motion, the court may permit additional discovery if the moving party shows...

Excerpt: ...hat it may properly take judicial notice of Exhibits A through D as they are court records. (See Evid. Code § 452(d).) However, the Court does not take judicial notice of the truth of hearsay statements in court files, including pleadings, affidavits, testimony, or statements of fact. (Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, fn.7.) Regarding Exhibits E through G, the County has not demonstrated that the Court may properly take judici...

Excerpt: ...t filed by Hillsborough Park Company (“HPC”) are DENIED. Absent objection, the Court grants Cross‐defendants Wisemans' Request for Judicial Notice as to all requested matters (Exhibits A through X.) HPC's cross‐complaint seeks to adjudicate that a strip of roadway adjacent to Crossdefendants Wisemans' lot is owned by HPC. The Wisemans contend that the Strip is a dedicated public road. The motion argues that the Howard Estate dedicated wit...

Excerpt: ... LEAVE TO AMEND, the ground that Plaintiff has failed to plead facts with particularity. Demurrer on other grounds is deemed MOOT given the lack of facts alleged in the pleading. Plaintiff shall file her Second Amended Complaint on or before August 28, 2021. Defendant argues that Plaintiff has not pled facts with sufficient particularity to satisfy the heightened statutory pleading standard for statutory liability against a government entity, cit...

Excerpt: ...ULED on the ground that these claims are barred by the statute of limitations under Code of Civil Procedure section 338(d). Plaintiff alleges facts sufficient to support that these claims are not time barred based on the delayed discovery rule. Specifically, the allegations support both the time and manner of discovery, and Plaintiff's inability to have made discovery earlier than June 19, 2017, despite reasonable diligence. (See First Amended Co...

Excerpt: ...contract, while the contract is between Financial Pacific and Plaintiff. This argument ignores the allegations of agency made in Paragraphs 4 and 7 of Plaintiff's Complaint. These allegations are sufficient for agency. CACI 3700 et seq.; 5 Witkin, Cal. Proc. 5th Plead §§ 919, 920 (5th ed. 2020). Further, the allegations are supported by the apparently uncontested fact that Plaintiff did sign a lease for the spray booth with the moving Defendant...

Excerpt: ..., but continued to allow discovery regarding Shinno's assets. Upon review of the original and supplemental filings and exercising its discretion, the Court GRANTS the motion and DENIES the application that Shinno's settlement with Plaintiff is in good faith. Code of Civil Procedure § 877.6 allows the Court to approve good faith settlements to stop codefendants from seeking contribution from the settling defendant. The Court considers the followi...

Excerpt: ...tective order for the reasons set forth below. In this motion, Plaintiff seeks to compel a corporate representative designated as the Person Most Qualified (“PMQ”) to answer three further specific deposition and all other deposition questions that Plaintiff may ask in this subsequent deposition. The person most qualified deposition is a specific type of deposition that allows a party to designate subjects rather than a person, and it is the e...

Excerpt: ...oves to strike each cause of action in the Cross‐Complaint of Defendants/Cross‐ Complainants Sean Wells and San Francisco Veterinary Medical Group, Inc. dba Nor Cal Veterinary Emergency and Specialty Hospital (“Defendants”), or alternatively to strike ¶¶ 18‐20. A cross‐defendant may bring a special motion to strike any cause of action “arising from any act of that person in furtherance of the person's right of petition or free spe...

Excerpt: ...fendant Rajiv Agarwal seeks to quash the service of summons and set aside the entry of his default under CCP § 473(d) on the grounds that the summons was not properly served on him in compliance with CCP § 415.20. According to Defendant, Plaintiff did not properly effectuate substituted service in accordance with CCP § 415.20 because Defendant was not served at his “dwelling house, usual place of abode . . . or usual mailing address.” Defe...

Excerpt: ...e are multiple defendants named in this action, yet the Notice simply purports to seek summary adjudication on behalf of “all Defendants and Cross‐ Complainants” without ever identifying by name who these Defendants and CrossComplainants are. Additionally, Defendants' counsel fails to identify who they represent underneath the attorneys' names. The Memorandum of Points and Authorities also fails to identify by name which Defendants seek sum...

Excerpt: ...omplaint is GRANTED. Alternatively, Plaintiff's motion for summary adjudication of the first cause of action for breach of contract is GRANTED; Plaintiff's motion for summary adjudication of the second cause of action for account stated is GRANTED; Plaintiff's motion for summary adjudication of the third cause of action for money lent is GRANTED: and Plaintiff's motion for summary adjudication of the fourth cause of action for money had and recei...

Excerpt: .... Berquist Construction Co., (1994) 24 Cal.App.4th 1426, 1439‐1440. Service of process statutes are generally construed liberally, but there must be at least substantial compliance with the statutory requisites for service. Lebel v. Mai, (2012) 210 Cal.App.4th 1154, 1165. If a copy of the summons and of the complaint “cannot with reasonable diligence be personally delivered to the person to be served” … another type of substituted service...

Excerpt: ...tal condition at issue. She argues that before delving into similar injuries in her past, Defendant must first establish a nexus between the alleged injuries from her employment termination and those past injuries. (Mov. P&A at 5:21 – 6:13.) Plaintiff relies on the case of Tylo v. Superior Court (1997) 55 Cal. App. 4th 1379. The Tylo case is inapplicable. The Court in Tylo held that a defendant cannot launch a fishing expedition to find out if ...

Excerpt: ...n evidentiary hearing. Due process and notice of opportunity to be heard does not require a public evidentiary hearing. “In general, ‘something less' than a full evidentiary hearing is sufficient prior to adverse administrative action.” (Today's Fresh Start, Inc. v. Los Angeles Cty. Off. of Educ. (2013) 57 Cal. 4th 197, 228 [quoting Cleveland Bd. of Educ. v. Loudermill (1985) 470 U.S. 532, 545.) “The extent to which procedural due process...

Excerpt: ...tle, unjust enrichment, intentional infliction of emotional distress, forcible detainer, loss of consortium, conspiracy against civil rights, violation of civil rights, violation of RICO, and conspiracy to violate RICO against over 30 recently named Doe Defendants. According to Plaintiff, “The facts concerning the new defendants who were previously sued as Does require additional Causes of Action in addition to facts to supplement each cause of...

Excerpt: ... states that if a contract provides for attorney's fees incurred to enforce the contract to be awarded to one of the parties or to the prevailing party, the party who is determined to be the party prevailing shall be entitled to fees whether he or she is the party specified in the contract. Here, ¶40 of the lease provides for an award of reasonable attorney's fees to the prevailing party in an action arising out of the lease, except as provided ...

Excerpt: ...This action is STAYED pending the outcome of the parties' arbitration pursuant to Cal. Code of Civ. Proc. § 1281.4 and 9 U.S.C. § 3. There is a strong presumption in favor of arbitrability in California. Cione v. Foresters Equity Servs., Inc., 58 Cal. App. 4th 625, 642 (1997). A party may move to compel arbitration pursuant to Code of Civ. Proc. Section 1281.2, which states, in relevant part: On petition of a party to an arbitration agreement a...