Judge Robert James Moss: Comprehensive Profile - Analytics, Rulings, and Recent Cases

Plaintiffs’ motions to compel deposition and for sanctions. Motions granted.
(See Code Civ. Proc., § 2025.450.)
Defendant Ibrahim Harb is ORDERED to appear and testify at deposition via video-conference (taken by remote means) at 9:00 a.m. on Wednesday, September 15, 2021.
Defendant Samer Kurd-Mis...

Plaintiffs’ motions (15) to compel responses to written discovery and for sanctions. Motions denied.
Even though labeled motions “to compel responses,” these 15 motions are really motions to compel further responses, a big difference. Moving party has failed to provide a separate statement as required b...

Plaintiff’s motions (3) to compel responses to written discovery and for sanctions. No opposition. Motions granted.
Defendant shall serve code compliant responses, without objections, within ten days.
Plaintiff is awarded sanctions against defendant in the amount of $3,600.00.
Moving party to give...

Plaintiff’s motion for summary judgment/adjudication. Motion for summary judgment denied.
Motion for summary adjudication denied in part and granted in part.
Summary Judgment is denied because Plaintiff fails to meet its initial burden to show each element of each of its causes of action alleged in t...

Plaintiff’s motion to vacate order requiring arbitration. Motion off calendar. This action is stayed.
Additionally, even if the court had granted leave to file the motion, it would be denied.
There is limited statutory authority for the relief sought by plaintiff, but by its terms, it is limited to e...

OSC re: staying of action pending completion of the related federal patent action in Illinois (see ROA No. 167 [3/19/21 Minute Order].) OSC continued to 2/8/22 at 9:00 a.m. in this department.
This OSC is automatically stayed under Code of Civil Procedure section 916, as a matter embraced in or affected...

Plaintiff’s motion to compel production of documents (items 55 and 56.) Motion granted.
The minute order of 7/30/21 required the defendant to provide a privilege log 8/13/21 and the parties were invited to submit supplemental briefs 9 court days prior to today’s hearing. The court has received neither a...

1.
Defendant’s motion to compel arbitration and stay action. Motion granted.
Plaintiff extensively argues that the structure of the two arbitration provisions are procedurally unconscionable, in that the arbitration provision in the Order Agreement contains an opt-out provision, which is essentially ...

Defendant’s demurrer to plaintiff’s complaint. Demurrer sustained, with leave to amend. (Code Civ. Proc. § 430.10, subd. (e).)
The complaint fails to allege adequate facts (as opposed to legal conclusions) showing that Defendants’ conduct was intentional. (See (Harris v. Capital Growth Investors XIV (19...

Defendant Vu’s motion for determination of good faith settlement. No opposition. Motion granted.
Moving party to give notice.

[Off calendar.]

Plaintiff’s motion to compel further responses to deposition questions of defendant WRCOG’s PMK. Motion denied.
The evidence, taken as a whole, shows Mr. Dailey was qualified to testify on behalf of WRCOG and did so to the best of his ability. Mr. Dailey is the Director of Energy and Environmental Progr...

Plaintiff’s motion to compel deposition of third party witness, Rodriguez, or to set an OSC re contempt for failure to appear at deposition. Motion denied, without prejudice.
On 7/16/21, the court continued this matter and ordered plaintiff to personally serve all moving papers and notice of the continu...

Motion to allow plaintiff’s successor in interest to prosecute action. No opposition.
Motion granted. (CCP 377.31, 377.32.)
Moving party has satisfied the requirements of CCP 377.32.
Moving party to give notice.

[Continued to 10/22/21.]

Plaintiff’s motion to vacate judgment against defendant Leone. No opposition. The court construes Plaintiff’s motion to vacate judgment as a motion for an order directing the clerk to file the original application for renewal of judgment submitted on May 5, 2021 and rejected on May 19, 2021 (the “Applicati...

Plaintiff’s application for a preliminary injunction. Application granted, effective on plaintiff’s posting of a bond in the amount of $20,000.00 within 10 days.
(Code Civ. Proc., §§ 526, subd. (a), and 529.)
The court finds that moving party has shown a probability of prevailing on the merits of its...

Plaintiff’s motion to compel further responses to RFP and for sanctions. Motion denied in part and moot in part. (See Code Civ. Proc. § 2031.310.)
The motion to compel further/verified responses is denied as moot based upon the service of verifications to the most recent set of further responses, as con...

Plaintiff’s motion to compel deposition of defendant’s PMK. Motion denied.
RP is correct that the motion is untimely. With exceptions not relevant here, CCP 2024.020(a) states: “Any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have moti...

Defendants’ demurrer to amended complaint. Demurrer overruled. Defendants shall file their answer(s) to the first amended complaint within 10 days of the date of this hearing.
Unlike the original complaint, the first amended complaint now states facts showing that the applicable statute of limitations u...

Defendants’ demurrer to plaintiff’s complaint. Demurrer sustained in part, with leave to amend; sustained in part, without leave to amend; and overruled in part.
The demurrer is overruled as to the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th and 18th causes of action.
The demurrer is sustained without lea...

Defendants’ motions (4) to compel further responses to form and special interrogatories.
No opposition. Motions granted. (See Code Civ. Proc., §§ 2030.290, 2030.300.)
Jochem is ORDERED to provide, within 10 days of notice:
Verified initial responses without objection to form interrogatory Nos. 1.1...

Plaintiff Ela Bhimani’s motion to amend the judgment to include Eqxmtg, LLC, Equinox Marketing, Inc. and Equinox Mortgage, Inc. as judgment debtors. No opposition. Motion granted.
Moving party to give notice.

[Continued to 9/3/21.]