Motion to consolidate
3294; See also Krusi v. Bear, Stearns & Co. (1983) 144 Cal.App.3d 664, 678).
According to Civ. Code § 3294 (c)(1), (2) and (3):
(1) “Malice” means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (2) “Oppression” means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights. (3) “Fraud” means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury.
Here, as discussed above, Plaintiff has adequately alleged a cause of action for fraud based on fraudulent inducement-concealment.
Accordingly, the court DENIES the motion to strike.
Plaintiff to give notice of both rulings.
3 Pacheco vs. CONTINUED TO 8/12/26 General Motors LLC 4 Bacher vs. TENTATIVE RULING: Steven Sungku Han For the reasons set forth below, Plaintiff Mark Bacher’s motion to Trustee for consolidate cases is DENIED, without prejudice. The Han Family Trust Dated No Proof of Service February 27, 2003 First, there is no proof of service. Accordingly, the motion is denied due to Plaintiff’s failure to submit a proof of service in accordance with Code Civ. Proc. § 1005 and Cal. R. Ct., rule 3.13009(c).
Failure to Comply with California Rules of Court
Furthermore, Plaintiff failed to comply with Cal. R. Ct., rule 3.350(a)(1), which provides:
(1) A notice of motion to consolidate must:
(A) List all named parties in each case, the names of
those who have appeared, and the names of their respective attorneys of record; (B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and (C) Be filed in each case sought to be consolidated.
(2) The motion to consolidate:
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(A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case; (B) Must be served on all attorneys of record and all nonrepresented parties in all of the cases sought to be consolidated; and (C) Must have a proof of service filed as part of the motion.
Plaintiff did not comply with any of these requirements.
Clerk shall give notice of this ruling.
5 Bankers TENTATIVE RULING: Healthcare Group, LLC vs. For the reasons set forth below, the motion by Alexander Penley of Nguyen Cordoba Legal Group to be relieved as counsel for Devin Nguyen is DENIED without prejudice.
Statement of Law
An attorney may withdraw even without cause as long as “withdrawal can be accomplished without undue prejudice to the client’s interests.” (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) It is within the court’s discretion as to whether to deny an attorney’s request to withdraw because such withdrawal would cause injustice or undue delay in the proceeding; however, such discretion is to be exercised reasonably. (See Mandell v. Sup. Ct (1977) 67 Cal.App.3d 1, 4.)
A notice of motion and motion to be relieved as counsel under CCP section 284(2) shall be directed to the client and shall be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil form (MC-051). (Cal. R. Ct. 3.1362(a).) No memorandum is required for the motion. (Cal. R. Ct. 3.l362(b)). The motion shall be accompanied by a declaration stating in general terms, without compromising the confidentiality of the attorney-client relationship, why counsel is