Plaintiff prevailed in this action, thus, the Plaintiff is entitled to recover reasonable attorney fees from the Defendant, pursuant to the contractual fee provision found in the parties’ lease agreement. (Civil Code § 1717(a), (b)(1); see Stokus v. Marsh (1990)...
Hanley v. Loyd
The Motion for Summary Judgment is DENIED The moving papers seem to switch the numbering of the causes of action, by referring to the 1st cause of action in the Complaint, which is for Negligence, as the third cause of...
Baron v. The regents of The University of California
Before the Court at present are: (1) the Ex Parte Application for an Order to Show Cause Regarding Contempt of Court and Contempt Sanctions Against Plaintiff, filed by The Regents of The University of California (“Regents”) on 12/31/20; (2) the...
Beck v. Southco Inc.
This is a personal injury action. The salient facts are as follows: The Ruth Chris’ Restaurant in Irvine, California, underwent a recent remodeling. As part of that facelift, the restaurant redesigned the primary bar counter with a quartz surface. The...
Palo Capital, Inc. v. Cannivet
This case involves a falling out of partners in a small company. Both accuse the other of various business torts. Boiled down to its essence, plaintiff Palo accuses defendant Cannivet of poaching clients and taking them to his new company,...
Custom Goods, LLC v. Karma Automotive, LLC
(UPDATED) The Application for Right to Attachment Order and Writ of Attachment is denied. Legal Standards Attachment is considered a harsh remedy because it causes the defendant to lose control of its property before the plaintiff’s claim is adjudicated. As...
Custom Goods, LLC v. Karma Automotive, LLC
Plaintiff’s Motion to Compel Further Responses to Form Interrogatories Set One, numbers 12.1 to 12.4, 12.6 and 15.1 is GRANTED. Defendant must provide verified further responses by no later than January 18, 2019. Plaintiff is awarded $1,260 in discovery sanctions...
Diaz v. Professional Community Management, Inc.
The Defendant Professional Community Management, Inc.’s Motion for Summary Judgment against Plaintiff Francisco Diaz is DENIED. The Defendant Professional Community Management, Inc.’s Motion for Summary Adjudication of the third and fourth causes of action is GRANTED. The Defendant Professional Community...
Watt v. Dual Diagnosis Treatment Center, LLC
This is a premises liability action. Plaintiffs were residents of a sober living facility located in Laguna Niguel. On 09/09/16, plaintiffs were on the backyard deck when the railing reportedly broke away – causing them to fall roughly 20 feet...
Harper v. Lopez
Defendants Cervando Salgado and URS Midwest, Inc.’s motion for an order striking and/or taxing certain costs contained in Plaintiffs’ memorandum of costs is DENIED. The plaintiffs’ memorandum seeks total costs in the amount of $50,601. The defendants argue that some...