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GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) The Motion of Defendants and Cross Defendants Pla-Art International, Inc. dba San Diego Cold Storage and San Diego Logistics, LLC, Frank Edward Plant Jr. and Frank Edward Plant III to Strike Portions of First Amended Complaint is GRANTED, with 10 days leave to amend. Plaintiffs' First Amended Complaint is largely unintelligible. Plaintiffs are cautioned to amend the complaint to be clear and concise.

  • Hearing

    Apr 12, 2017

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) The Motion of Defendants and Cross Defendants Pla-Art International, Inc. dba San Diego Cold Storage and San Diego Logistics, LLC, Frank Edward Plant Jr. and Frank Edward Plant III to Strike Portions of First Amended Complaint is GRANTED, with 10 days leave to amend. Plaintiffs' First Amended Complaint is largely unintelligible. Plaintiffs are cautioned to amend the complaint to be clear and concise.

  • Hearing

    Apr 12, 2017

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

., Frank Edward Plant III, Pla-Art International, Inc. dba San Diego Cold Storage, and San Diego Logistics, LLC's Joint Motion to Quash the Deposition Subpoena for Production of Business Records to Opus Bank and for a Protective Order is GRANTED. Defendants may move to quash, and the Court may grant such motion, to protect themselves from "unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person." (Code Civ. Proc., § 1987.1.)

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

., Frank Edward Plant III, Pla-Art International, Inc. dba San Diego Cold Storage, and San Diego Logistics, LLC's Joint Motion to Quash the Deposition Subpoena for Production of Business Records to Opus Bank and for a Protective Order is GRANTED. Defendants may move to quash, and the Court may grant such motion, to protect themselves from "unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person." (Code Civ. Proc., § 1987.1.)

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

., Frank Edward Plant III, Pla-Art International, Inc. dba San Diego Cold Storage, and San Diego Logistics, LLC's Joint Motion to Quash the Deposition Subpoena for Production of Business Records to Opus Bank and for a Protective Order is GRANTED. Defendants may move to quash, and the Court may grant such motion, to protect themselves from "unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person." (Code Civ. Proc., § 1987.1.)

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

., Frank Edward Plant III, Pla-Art International, Inc. dba San Diego Cold Storage, and San Diego Logistics, LLC's Joint Motion to Quash the Deposition Subpoena for Production of Business Records to Opus Bank and for a Protective Order is GRANTED. Defendants may move to quash, and the Court may grant such motion, to protect themselves from "unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person." (Code Civ. Proc., § 1987.1.)

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

., Frank Edward Plant III, Pla-Art International, Inc. dba San Diego Cold Storage, and San Diego Logistics, LLC's Joint Motion to Quash the Deposition Subpoena for Production of Business Records to Opus Bank and for a Protective Order is GRANTED. Defendants may move to quash, and the Court may grant such motion, to protect themselves from "unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person." (Code Civ. Proc., § 1987.1.)

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

., Frank Edward Plant III, Pla-Art International, Inc. dba San Diego Cold Storage, and San Diego Logistics, LLC's Joint Motion to Quash the Deposition Subpoena for Production of Business Records to Opus Bank and for a Protective Order is GRANTED. Defendants may move to quash, and the Court may grant such motion, to protect themselves from "unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person." (Code Civ. Proc., § 1987.1.)

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: The Motion of Cross Defendants Pla-Art International, Inc. dba San Diego Cold Storage and San Diego Logistics, LLC to Strike Portions of the Cross Complaint is GRANTED, with ten days leave to amend. The Court finds the cross complaint fails to state sufficient facts to support a claim for punitive damages and the complaint is ...

  • Hearing

    Jan 19, 2017

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Defendant Miguel Chavez's Demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED, in part. The SAC does not state that Chavez innocently cashed checks from a GR Inland account that he was supposed to, in an exercise in futility, re-deposit. The SAC alleges Chavez personally used checks meant for GR Inland. The 9...

  • Hearing

    Jul 13, 2017

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Defendant Miguel Chavez's Demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED, in part. The SAC does not state that Chavez innocently cashed checks from a GR Inland account that he was supposed to, in an exercise in futility, re-deposit. The SAC alleges Chavez personally used checks meant for GR Inland. The 9...

  • Hearing

    Jul 13, 2017

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: Defendants' Joint and Several Motion for Summary Adjudication as to the Fourth Cause of Action of Plaintiffs' Fourth Amended Complaint is DENIED. Essential to the existence of a partnership is "that there be a community of interest and an agreement to share jointly in the profits and losses resulting from the enterprise." (Sandber...

  • Hearing

    Aug 22, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Defendants' Joint and Several Motion for Judgment on the Pleadings (Accounting – 4th Cause of Action) is DENIED. Defendants' motion is based on the assertion there is no underlying cause of action to support a claim for an accounting. Even though the plaintiffs labeled their causes of action, that does not mean the...

  • Hearing

    Aug 05, 2020

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Plaintiff Guillermo Gomez's Motion for Protective Order to Limit Discovery is DENIED. Plaintiff seeks a protective order to prevent further discovery, in different forms, related to California Employment Development Department ("EDD") assessments, an IRS penalty assessment to Plaintiff, and claims by Defendants that the de...

  • Hearing

    Aug 15, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: Defendants' Joint and Several Motion for Summary Adjudication as to the Fourth Cause of Action of Plaintiffs' Fourth Amended Complaint is DENIED. Essential to the existence of a partnership is "that there be a community of interest and an agreement to share jointly in the profits and losses resulting from the enterprise." (Sandber...

  • Hearing

    Aug 22, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Defendants' Joint and Several Motion for Judgment on the Pleadings (Accounting – 4th Cause of Action) is DENIED. Defendants' motion is based on the assertion there is no underlying cause of action to support a claim for an accounting. Even though the plaintiffs labeled their causes of action, that does not mean the...

  • Hearing

    Aug 05, 2020

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Defendant PLA-ART INTERNATIONAL, INC.'s Motion to Compel Further Responses by Plaintiff Gomez, to Special Interrogatories (Set No. Two) is DENIED. Plaintiff must make reasonable efforts to respond by consulting information that is not in his immediate possession, including information in his former attorney's possessio...

  • Hearing

    Mar 12, 2020

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Plaintiff Guillermo Gomez's Motion for Protective Order to Limit Discovery is DENIED. Plaintiff seeks a protective order to prevent further discovery, in different forms, related to California Employment Development Department ("EDD") assessments, an IRS penalty assessment to Plaintiff, and claims by Defendants that the de...

  • Hearing

    Aug 15, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Defendants' Joint and Several Motion for Judgment on the Pleadings (Accounting – 4th Cause of Action) is DENIED. Defendants' motion is based on the assertion there is no underlying cause of action to support a claim for an accounting. Even though the plaintiffs labeled their causes of action, that does not mean the...

  • Hearing

    Aug 05, 2020

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Defendants' Joint and Several Motion to Quash the Deposition Subpoena for Production of Business Records to the Custodian of Records for Opus Bank and for a Protective Order is DENIED. Plaintiff asserts Defendants did not meet and confer; however, CCP section 1987.1 does not contain a meet and confer requirement. The r...

  • Hearing

    Oct 03, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: Plaintiff Gomez's Motion for Leave to File Fifth Amend Complaint is DENIED. Unwarranted delay may itself be a valid reason for denial of leave to amend. (Record v. Reason (1999) 73 Cal.App.4th 472, 486.) "The cases indicate that the denial may rest upon the element of lack of diligence in offering the amendment after knowledge...

  • Hearing

    Oct 15, 2020

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Defendants' Joint and Several Motion to Quash the Deposition Subpoena for Production of Business Records to the Custodian of Records for Opus Bank and for a Protective Order is DENIED. Plaintiff asserts Defendants did not meet and confer; however, CCP section 1987.1 does not contain a meet and confer requirement. The r...

  • Hearing

    Oct 03, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: Plaintiff's Motion to Enforce the April 9, 2019 Court Order on Motion to Compel Documents General Including Ledgers, Balance Sheets, and Bank Statements from San Diego Logistics and Pla-Art International, Inc. is GRANTED. It is undisputed that Defendants San Diego Logistics and Pla-Art International, Inc. did not produce un-re...

  • Hearing

    Aug 29, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: DEFENDANTS' JOINT AND SEVERAL MOTION FOR SUMMARY ADJUDICATION AS TO THE TWELFTH CAUSE OF ACTION OF PLAINTIFFS' FOURTH AMENDED COMPLAINT is GRANTED. "Laches is an equitable time limitation on a party's right to bring suit, resting on the maxim that "equity aids the vigilant, not those who sleep on their rights." (Magic Kitc...

  • Hearing

    Dec 10, 2020

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Plaintiff Guillermo Gomez's Motion for Protective Order to Limit Discovery is DENIED. Plaintiff seeks a protective order to prevent further discovery, in different forms, related to California Employment Development Department ("EDD") assessments, an IRS penalty assessment to Plaintiff, and claims by Defendants that the de...

  • Hearing

    Aug 15, 2019

  • Type

    Contract

  • Sub Type

    Breach

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