How to Serve Someone Abroad (CCP § 413.10(c))

Useful Rulings on Service Abroad (CCP § 413.10(c))

Recent Rulings on Service Abroad (CCP § 413.10(c))

1-25 of 10000 results

VELAZQUEZ VS KIA MOTORS AMERICA INC.

Coleman, Paul C. Peel, Jason T. Dennett and Adam A. Edwards The pro hac vice applications of Adam A. Edwards, Gregory Coleman, Jason T. Dennett, Kim D. Stephens, and Paul C. Peel do not address whether the applicants are: (1) regularly employed in the State of California or (2) regularly engaged in substantial business, professional, or other activities in the State of California. CRC, Rule 9.40(a)(2) and (3).

  • Hearing

    Jun 20, 2021

JOSE AGUILERA VS 5 STAR DELIVERY INC

Plaintiff has failed to advise the court whether or not Zaragoza turned over the vehicles titles identified in Exhibit C. The translation contained in Exhibit E to Plaintiff’s declaration incorrectly identifies LAH as the party to the loan (but with Zaragoza’s signature). Prejudgment interest commences on the date of breach, not the date the loans were made. (Watson Bowman Acme Corp. v. RGW Construction, Inc. (2015) 2 Cal.App.5th 279, 293.)

  • Hearing

    Sep 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

RICHARD MACIAS VS CITY OF LOS ANGELES, ET AL.

At the direction of Department 1, this case is hereby ordered reassigned and transferred to the South District, Long Beach, the Honorable Mark C. Kim, Judge presiding in Department S27, for all purposes except trial. Department 1 hereby delegates to the Independent Calendar Court the authority to assign the cause for trial to that Independent Calendar Court.

  • Hearing

    Aug 27, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CITRUS OBSTETRICS & GYNECOLGY VS CITRUS VALLEY HEALTH

Request for Judicial Notice Emanate’s Request for Judicial Notice (“RJN”) is ruled on as follows: GRANTED as to Exhibit C (i.e., SAC filed January 4, 2019).

  • Hearing

    Aug 06, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

HWANSHIK YOON VS ELLEN EUN YOO, ET AL.

The following defects are noted: Plaintiff seeks $158,213.04 as the “demand of complaint” set forth on Judicial Council Form CIV-100; however, the prayer of Plaintiff’s complaint generically refers to “[g]eneral damages according to proof,” “[s]pecial damages according to proof,” “[p]unitive damages according to proof,” “[r]estitution in an amount according to proof,” “[r]easonable attorneys fee [sic] according to proof,” “[c]ost of the suit herein incurred” and “[a]ny other and further relief the court considers

  • Hearing

    Aug 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

HAGOP TCHAKERIAN VS CITY OF LOS ANGELES

Defendant’s request is GRANTED, pursuant to Evidence Code section 452, subdivision (c). Demurrer “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins.

  • Hearing

    Jul 26, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

MED CAFE CORP, A CALIFORNIA CORPORATION VS MOSTAFA KARIMBEIK, ET AL.

Second Cause of Action: Fraud and Deceit “The elements of fraud are (a) a misrepresentation (false representation, concealment, or nondisclosure); (b) scienter or knowledge of its falsity; (c) intent to induce reliance; (d) justifiable reliance; and (e) resulting damage.” (Hinesley v. Oakshade Town Ctr. (2005) 135 Cal.App.4th 289, 294.)

  • Hearing

    Jul 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ANNE SHOYKHET, ET AL. VS NATHALIE DUBOIS, ET AL.

While the request for judicial notice does not comply with rules 3.1113(l) and 3.1306(c), the Court nonetheless GRANTS Defendant’s request, pursuant to Evidence Code section 452, subdivision (d).

  • Hearing

    Jul 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

PEOPLE OF THE STATE OF CALIFORNIA VS CHARLES PETERS

(c)(1)(B)(ii).) “Like a demurrer, the grounds for the motion [for judgment on the pleadings] must appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Civic Partners Stockton, LLC v. Youssefi, supra, 218 Cal.App.4th at p. 1013.) Here, Defendant moves for judgment on the pleadings as to the “parallel, duplicative causes of action” for violations of Title 3 and Title 10 of the Beverly Hills Municipal Code (“BHMC”).

  • Hearing

    Jul 26, 2020

RE: PET’N FOR ATTY FEES & COSTS, TERMINATION OF APPT

CHARLES TONELLI MATTHEW B TALBOT DAVID L TONELLI ROBYN B CHRISTO EVELYN M BACKMAN MICHAEL I LAMAY MATTHEW TALBOT MATTHEW B TALBOT WALTER C TONELLI WILLIAM SHAW TRACY S REGLI PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Court Investigator’s Report 2. Order Appointing Guardian of Minor Form GC-240 (revised 7-1-16) ANUJ MALHOTRA JASPREET SINGH KARANPREET SINGH JASPREET SINGH PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1.

  • Hearing

    Jul 20, 2020

RE: CONSIDER SANCTIONS FT FILE ACCTNG (M. STURGILL) SET BY D14 ON 1/3/20 PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE

Verified declaration by petitioner to complete petition item # 4.c. (whether proposed conservatee is a member of a federally recognized Indian tribe) 8. Verified declaration by petitioner to include Attachment 1.e., not attached as indicated 9. Verified declaration by petitioner to include current address of conservatee or verified declaration by petitioner showing diligent efforts made to locate and serve him. CRC 7.52 10.

  • Hearing

    Jul 17, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

CYNTHIA MARIA RIBAS VS BEAU MONDE ASSOCIATION, ET AL.

The elements of fraud that give rise to a tort action for deceit are “(a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or “scienter”); (c) intent to defraud, i.e. to induce reliance; (d) justifiable reliance; and (e) resulting damage. [Citation.]” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 974; see also CACI No. 1900.)

  • Hearing

    Jul 17, 2020

CYNTHIA MARIA RIBAS VS BEAU MONDE ASSOCIATION, ET AL.

The motion is brought pursuant to Code of Civil Procedure section 425.16, subdivision (c)(1), on the grounds that the Anti-SLAPP motion was brought solely to cause unnecessary delay. Legal Standard “If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” (Code Civ. Proc., § 415.16, subd. (c)(1).)

  • Hearing

    Jul 17, 2020

NICHOLAS V. MORETTA VS POLARIS INDUSTRIES, INC., A DELAWARE CORPORATION, ET AL.

(c).) Discussion Polaris Industries, Inc. (a Delaware corporation), Polaris Sales, Inc. and Polaris Industries, Inc. (a Minnesota corporation) (collectively, “Polaris”) move the court for leave to file a cross-complaint against John Moretta. The court finds that Polaris’ proposed cross-complaint for (1) Indemnification, (2) Apportionment of Fault, (3) Declaratory Relief and (4) Negligence against John Moretta arises out of the same underlying facts and transactions in this case.

  • Hearing

    Jul 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

RUTH XIAOYU ZHANG VS NESTOR H. LLERNA

Timeliness A notice of motion to claim attorney’s fees on appeal—other than under CRC Rule 3.1702(b)—made pursuant to a statute or contract requiring the court to determine entitlement to the fees, the amount of the fees, or both, must be served and filed within the time for serving and filing the memorandum of costs under rule 8.278(c)(1)[3] (i.e., in an unlimited civil case). (CRC Rule 3.1702(c).) The remittitur was filed on October 15, 2019. The instant motion was filed on November 22, 2019.

  • Hearing

    Jul 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MELODY CHACKER VS SELECT PORTFOLIO SERVICING, AN ARIZONA CORPORATION DOING BUSINESS IN CALIFORNIA, ET AL.

C., § 210, which indicates that CCP § 391 et seq. applies to proceedings under the Family Code.) ….. ‘On motion of any party or on the court’s own motion, the court may enter a prefiling order prohibiting the “vexatious litigant” from filing any further pro per petitions, applications or motions (other than discovery motions) in Family Code proceeding without first obtaining leave of the presiding justice/justice/judge (or his or her designee) Disobedience is punishable by contempt.’

  • Hearing

    Jul 15, 2020

  • Type

    Real Property

  • Sub Type

    Foreclosure

VINCENT BERRY VS EVERPORT TERMINAL SERVICES, INC.

Rules of Court, rule 3.1350(c)(2).) Discussion Each of Plaintiff’s causes of action is considered separately. 1. CFRA Interference Plaintiff’s first cause of action is for interference with his right to medical leave under the California Family Rights Act (“CFRA”). The CFRA provides that eligible employees may take up to twelve weeks of leave in a 12-month period to care for, among other things, an employee’s own “serious health condition.” (Cal. Gov’t Code § 12945.2, subd (a), (c).)

  • Hearing

    Jul 15, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

BENJAMIN F. POCO, ET AL. VS WORLD SAVINGS BANK, FSB, ET AL.

Benjamin cites to Code of Civil Procedure sections 437(c) and 1170.7 as his supporting authority; however, these provisions pertain to summary judgment. A motion for judgment on the pleadings, when moving party is a plaintiff, may be made only after defendant has already filed his/her/its answer to the complaint and the time for the plaintiff to demur to the answer has expired. 2. Motion to Expunge Deed of Trust and Promissory Note Discussion Plaintiffs’ motion is TAKEN OFF-CALENDAR.

  • Hearing

    Jul 15, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

PENTECH FINANCIAL SERVICES, INC. VS RENE MEDINA

(c) A statement of the amount of any liens or encumbrances on the dwelling, the name of each person having a lien or encumbrance on the dwelling, and the address of such person used by the county recorder for the return of the instrument creating such person's lien or encumbrance after recording.” (CCP § 704.760 [emphasis added].)

  • Hearing

    Jul 15, 2020

MATTER OF ALBERT AND PATRICIA BUSSE TRUST

Because of the very specific designation in the trust that the residuary gift be transferred solely to Alan Busse and no other, and because Alan Busse is deceased, that transfer also fails and section 21111, subdivision (c) directs that the residuary must be transferred to the “decedent’s” estate. Normally, this would be where the analysis would end.

  • Hearing

    Jul 14, 2020

ESTATE OF LAURA CHAPA

(Local Rule 1721(c)(2)(A-B).) If the matter is continued, documents must be submitted at least 10 days prior to the new hearing date to be considered. Due to staffing limitations, processing times may be delayed. To assist in processing, attorneys and parties should include the next court date in the “Filing Description” field provided by the electronic service provider.

  • Hearing

    Jul 14, 2020

ESTATE OF LAURA CHAPA

(Local Rule 1721(c)(2)(A-B).) If the matter is continued, documents must be submitted at least 10 days prior to the new hearing date to be considered. Due to staffing limitations, processing times may be delayed. To assist in processing, attorneys and parties should include the next court date in the “Filing Description” field provided by the electronic service provider.

  • Hearing

    Jul 14, 2020

ESTATE OF HAROLD NELSON GRAY

(Local Rule 1721(c)(2)(A-B).) If the matter is continued, documents must be submitted at least 10 days prior to the new hearing date to be considered. Due to staffing limitations, processing times may be delayed. To assist in processing, attorneys and parties should include the next court date in the “Filing Description” field provided by the electronic service provider.

  • Hearing

    Jul 14, 2020

MATTER OF ALBERT AND PATRICIA BUSSE TRUST

Because of the very specific designation in the trust that the residuary gift be transferred solely to Alan Busse and no other, and because Alan Busse is deceased, that transfer also fails and section 21111, subdivision (c) directs that the residuary must be transferred to the “decedent’s” estate. Normally, this would be where the analysis would end.

  • Hearing

    Jul 14, 2020

RE: BLOCKED ACCOUNT SET BY DEPT. 14

MATTHEW B TALBOT DAVID NACE ERIC STEINHAUER SUSAN SCHMIDT CAMILLE MILDER --See also Lines #7a-c-- Need: 1. Appearances to report status 2. Original signature on verification or verified declaration to attach a corrected face page in compliance with LR 2.80 et seq. and CRC § 2.300 et seq. regarding facsimile filing. 3. Corrected proof of mailing to verify Proof of Service filed 9-6-18. Verification is not dated. 4. Proposed Order Note: Objections and Response filed by Michele Disney 11-2-18.

  • Hearing

    Jul 14, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

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