Excerpt: ... simply st ates that they seek an order “enforcing the arbitration agreement executed” by the plaintiff. They identify themselves as “third party beneficiaries of the arbitration agreement [and] are therefore entitled to have this case submitted to binding arbitrati on and to have the proceedings in this case dismissed.” (ROA 27, 2:8 -10.) The accompanying points and authorities state, however, that “plaintiff executed a binding mutual...

Excerpt: ...cation allowing John W . Lomas, Jr. to appear as counsel pro hac vice for Defendant, Thales Avionics, Inc. In reviewing the application for pro hac vice, there appears to be a number of deficiencies. Under California Rules of Court, rule 9.40(c)(1), the applicant must file p roof of service by mail of a copy of the application and of the notice of hearing of the application on the State Bar of California at its San Francisco. Additionally, unde...

Excerpt: ...leadings of any party engaging in the misuse of the discovery process, an order staying further proceedings by that party until an order for discovery is obeyed, an order dismissing the action, or any part of that action, of that party, or an order rendering a judgment by de fault against that party. (Code Civ. Proc. § 2023.030(d).) Additionally, the Court may impose a monetary sanction ordering that one engaging in conduct that is a misuse of t...

Excerpt: ...ion commonly po ssess and exercise; (2) a breach of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage.” (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) “The standard of care against which the acts of a physician are to be measured is a matter peculiarly within the knowledge of experts; it presents the basic issue in a malpractice action and can only be proved by t...

Excerpt: ... in the act that caused plaintiffs' injuries in this case. The acts were allegedly done by the other defendants. The allegation that the incident occurred on public park property is not enough to hold a public entity liable for the negligence of others. The com plaint does not allege any condition of the park that caused or contributed to the alleged injuries. The allegation that the city had a mandatory duty to protect attendees of the event und...

Excerpt: ...rike Defendant's Motio n to Strike portions of the FAC is GRANTED. Defendant requests the court strike FAC ¶¶ 28 -30 and the prayer for punitive damages. A request for punitive damages must be sufficiently alleged pursuant to Civ. Code § 3294. “Not only must there be circumstances of oppression, fraud or malice, but facts must be alleged in the pleading to support such a claim.” (Grieves v. Superior Court, 157 Cal. App. 3d 159, 166 (Ct. Ap...

Excerpt: ...nt cannot re asonably respond.” (Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.) Any “ambiguities can be clarified under modern discovery procedures.” (Ibid.) Accordingly, the demurrer on the ground of uncertainty is OVERRULED. CO A 1 – Wrongful Termination in Violation of Public Policy. To state a cause of action for wrongful termination in violation of public policy, a plaintiff must allege (1) an...

Excerpt: ...rt. Sustained as to causes of action (“COA”) N os. 1, 2, and 6. Overruled as to COA Nos. 3, 4, and 5. A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The issue is the suff iciency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as ...

Excerpt: ...ained in th e complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer only tests the sufficiency of the pleadings (See Satyadi v. West Contra Costa Healthcare District (2014) 232 Cal.App.4th 1022, 1028 [in analyzing a demurrer, the court looks only to the f ace of the pleadings and to matters judicially noticeable]). A. Fraud, and Conspiracy to Commit Fraud Plaintiffs fail to state a cause of action for fraud as to Defendants Jin Yong ...

Excerpt: ...�if the pleading is so incomprehensible that a defendant cannot reasonably respond.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695.) Page 18 of 33 Here, it is unclear what Plaintiffs are alleging a grievance with. They allege that Plain tiff Aretha Li's saxophone was stolen and that the Placentia Police Department did not adequately investigate the case. They then allege that various police officers, city counc...

Excerpt: ...he existen ce of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the co ntroversy exists, unless it determines' there is a defense to enforcing the agreement. [Citation.] (Brodke v. Alphatec Spine Inc. (2008) 160 Cal.App.4th 1569, 1574.) “‘The petiti...

Excerpt: ...unsel as to the impact of the 5/3/24 filing of CrossComplainants first amended complaint and whether it should be stricken. (3) The motion for leave to file an untimely anti -SLAPP motion is denied. Demurer and Motion to Strike Confronted with a demurrer and motion to s trike directed at his original cross -compliant, Defendant/Cross -Complainant had the option of opposing the motions or amending his crosscomplaint. The time limit was the same...

Excerpt: ...to “LL Continental Inc.” (FAC, ¶24.) Defendant Chang Hsien Liu was the chief operating officer (“COO”) of the Company before the assets sale on September 19, 2019. (FAC, ¶28.) Defendant True Value was owned in whole or in part by Defendant Chang -Hsien Liu. Defendant Chang -Hsien Liu was the chief executive officer of Ture Value at the same time he was the COO of the Company. (FAC, ¶35.) Defendant LL Continental, Defendant Henry Lee an...

Excerpt: ...1: Sex Dis crimination (FEHA) • C/A 2: Harassment on the Basis of Sex (FEHA) • C/A 3: FEHA Retaliation Plaintiff alleges that while she was an employee for the LLC Defendants, Antonio Perez and other kitchen staff were sexually harassing her. Plaintiff alleges tha t Perez had previously worked for the LLC Defendants and had been fired for sexual harassment, but was rehired. Plaintiff alleges that because she refused Perez's advancements, Per...

Excerpt: ...gence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action.” (Code Civ. Proc. , § 395, subd. (a); see Williams v. Superior Court for County of Contra Costa (2021) 71 Cal.App.5th 101, 109 [for personal injury claims, venue is proper where the injury occurred, o...

Excerpt: ...nted ann oyance, embarrassment, or oppression, or undue burden and expense.” Specifically, the court may refuse to compel the deposition of a corporate officer at the apex of the corporate hierarchy, absent a reasonable indication of the officer's personal knowledg e of the case and exhaustion of less intrusive discovery methods, given that such “high level” depositions raise a tremendous potential for discovery abuse and harassment. (Libe...

Excerpt: ... the trial court may “for good cause shown, ... order that specified discovery be conducted.” (Ibid.; Balla v. Hall (2021) 59 Cal.App.5th 652, 692.) In the anti- SLAPP context, “good cause” requires “a showing that the specified discovery is necessary for the plaintiff to oppose the [anti -SLAPP] motion and is tailored to that end.” (Britts v. Superior Court (2006) 145 Cal.App.4th 1112, 1125.) “If the plaintiff makes a timely and ...

Excerpt: ...NUED to 06/ 25/2024 at 9:00am in Dept. C32. Code of Civil Procedure section 2031.310 provides: “(a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: [¶] (1) A statement of compliance with the demand is incomplete. [¶] (2) A representation of inability to comply is ...

Excerpt: ...y move for an orde r compelling an answer or production against a deponent who has failed to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice. The Motion was timely filed. Defendant's deposition was taken on October 27, 2023 and this Motion was filed on December 12, 2023, less than two months after. Further, Plaintiff mad...

Excerpt: ... merit, and that there are not triable issues as to any material fact. Motion is GRANTED. Plaintiffs plead two causes of action: Negligence and False Imprisonment. Defendants argue that Plaintiffs trespassed at the hotel by not leaving as of checkout time and refusin g to vacate the room even after security was called in notifying Plaintiffs that the police would be called. Indeed, Security Officer Jacinto testified that after security told Bent...

Excerpt: ... to Compel Deposition of Non-Party Deponents. For example, Plaintiffs have already begun engaging in discovery by issuing business records subpoenas (Subpoenas) to Non -Party Deponents on 9/29/23 (Motion, at. p. 3:5 -7, Exs. A, B), Plaintiffs have already tried to meet and confer with Non- Party Deponents without success (Motion, at. p. 3:8 -11, Exs. A, B; see also Declaration of Salar Atrizadeh, ¶¶ 4, 9), Plaintiffs contend they “have the ri...

Excerpt: ...may consider Plaintiff's non-opposition as an abandonment of any opposition to the arguments raised by Defendants in the motion to strike. Herzberg v. County of Plumas, 133 Cal. App. 4th 1, 20 (2005). Accordingly, the motion to strike is GRANTED WITHOUT LEAVE TO AMEND in its entirety. II. Demurrer to Complaint Defendants additionally filed a demurrer to the complaint, attacking the first cause of action for disability discrimination, second cau...

Excerpt: ...he breach of contract allegations against it versus Cross- Defendant Tierney is unclear. Cross -Complainant responds that Movant is liable based on the alter ego allegations contained at paragraph 5 of the Cross -Complaint. “In California, two conditions must be met before the alter ego doctrine will be invoked. First, there must be such a unity of interest and ownership between the corporation and its equitable owner that the separate personal...

Excerpt: ...onship to another which induces justifiable reliance by the latter to his prejudice.' Actual reliance and causation of injury must be shown.'” Prakashpalan v. Engstrom, Lipscomb & Lack, 223 Cal. App. 4th 1105, 1131 (2014) (internal citations omitted). “[T]he elements of a repres entation and falsity, are absent from constructive fraud. The fraud consists of the breach of the fiduciary duty of disclosure of relevant matters arising from the ...

Excerpt: ...ight Writs of At tachment issued on January 17, 2024. “[A]lthough in a motion under section 485.240 the defendant is the moving party, the plaintiff nevertheless continues to have the burden of proving (1) that his claim is one upon which an attachment may be issued and (2 ) the probable vali dity of such claim, th e same burden h e must meet under sec tio n 484.090.” ( Loeb & L oeb v. Beverly Glen Music (1985) 166 Cal.App.3d 1110, 1116.) Def...