Excerpt: ...aws of this state, a court rule, or an order of the court. “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437, subd. (a).) “[J]udges re ad allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth.” (Clauson v. Superior Court (1998) 67 Cal.App...

Excerpt: ...ed at $495/hour . There is no dispute Plaintiff is entitled to fees and costs/expenses. Defendant contends fees sought are excessive. To support the attorney rates claimed, attorney Haddad listed a sample of median hourly rates for attorneys handling consumer law cases i n Los Angeles, Long Beach, and Anaheim that average $506 per hour. (Haddad Decl., ¶ 26.) The list contains no description of the attorney skill or level of experience, or even t...

Excerpt: ...resent ation requirements are untimely, is unconstitutional because it constitutes a prohibited “gift” of public funds to the victim of the alleged assault. Moving Party supports its arguments by pointing to several recently filed writs addressing the issue of whether AB 218 constitutes an unlawful gift of public funds as applied to claims against public entities for childhood sexual abuse. (See exhibits to RJN, ROA #42.) But the outcome of ...

Excerpt: ...Complaint Movin g Defendants' demurrer to the First Amended Complaint is SUSTAINED with leave to amend. Plaintiff shall have 20 days to file and serve a Second Amended Complaint. Unjust Enrichment: The demurrer to the Fifth Cause of Action, for Unjust Enrichment, is SU STAINED with leave to amend. Moving Defendants argue that “unjust enrichment is not a stand -alone cause of action. (ROA No. 101 at pp. 9 -10) The authority Moving Defendants ci...

Excerpt: ...pled. (¶¶ 1 -49.) Additional facts can be sought through discovery. Fifth Cause of Action for Fraudulent Inducement – Intentional Concealment Defendant challenges the fraudulent inducement by concealment cause of action on grounds it fails to plead the requisite transac tion Civil Code section 1793.2(a) provides: “Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: . . ....

Excerpt: ...iracy). (Code Civ. Proc., § 430.10(e), (f).) 5th C/A (slander of title) – OVERRULED The fifth cause of action for slander of title alleges the following: While they were married, Plaintiff and Defendant ZENGJIAN CHEN (“Chen”) jointly owned certain real property in the City of Irvine as husband and wife. Defendant Ashanti N. Clark (“Clark”) is a notary in Texas. Defendant Worldwide Signings, Inc. (“WWS”) is a notary agency and Defe...

Excerpt: ...ty (2012) 208 C al.App.4th 1125, 1135.) Any “ambiguities can be clarified under modern discovery procedures.” (Ibid.) Standing/Capacity. The FAXC alleges MSO “is, and at all times mentioned herein was, a California corporation existing under the laws of the State of C alifornia.” (FAXC ¶ 4.) A demurrer “admit[s] all material facts properly pleaded,'” including this one. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court cannot t...

Excerpt: ...2031.300, subd. ( b).) By failing to serve timely responses, the party to whom the demand is directed waives “any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” (Code Civ. Proc., § 2031.300, subd. (a).) Merits On September 15, 2023, Plaintiff served first sets of request for production of documents directed to Defendants March, Asante -Bayr...

Excerpt: ...sel also mus t provide a redlined version of any revised papers, including the proposed letter to the aggrieved employees. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the sett lement agreement and the proposed letter to the aggrieved employees, rather than with just a supplemental declaration or brief simply asserting that the issues have been resolved. T...

Excerpt: ...es th at moving parties spend much paper arguing facts outside of the pleadings and/or the merits of plaintiffs' claims. (Demurrer at 17:17 -19:25, 22:14- 24:6.) However, it is well settled that a demurrer can be used only to challenge defects that appear on the face of the pleading, or from matters outside the pleading properly subject to judicial notice (Blank v. Kirwan (1985) 39 Cal.3d 311, 318), and that plaintiffs' allegations must be accept...

Excerpt: ...§ 452(d); Richtek USA, Inc. v. UPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 658.) Greenhouse first contends that Woolard's claims here are barred based on the doctrines of res judicata and/or collateral estoppel. More specifically, Greenhouse argues that Woolard's claims are barred because of an order granting Greenhouse's summary judgment motion in Smith v. Eric Michael Woolard, Case No. 2020 -01174210 (the “Smith Action”). Courts ...

Excerpt: ...�� (Code Civ. Proc., § 387(d)(1)(A).) “Section 387, subdivision (d)(1)(A) provides for mandatory intervention … where ‘[a] provision of law confers an unconditional right to intervene,' wholly apart from the nature and character of the non -parties interest in the litigation or the issue of adequacy of representation.” (Accurso v. In- N-Out Burgers (2023) 94 Cal.App.5th 1128, 1136, fn. 9.) Section 708.430 of the Code of Civil Procedure s...

Excerpt: ...gland Decl., reading “when Sunyata used the second fraudulent transfer to claim the right to evict us” is SUSTAINED (relevance, improper legal argument). Defendants' remaining evidentiary objections are OVERRULED. The Court lacks jurisdiction to reconsider it s 1-30- 24 order, as a judgment of dismissal has since been entered as to these defendants. (Safeco Ins. Co. of Illinois v. Architectural Facades Unlimited, Inc. (2005) 134 Cal.App.4th 1...

Excerpt: ...024 (ROA 66), but not filed until April 25. Turning to the merits, Plaintiffs' complaint repeatedly alleges that they (and other consumers) purchased goods or services from “the ‘cisco.com' webpage operated by Cisco,” which the complaint defines as the “Website.” (See, e.g ., Compl. ¶ 1.) Cisco contends this allegation is frivolous because it is impossible to purchase goods or services from the Website, as defined. “A claim is fac...

Excerpt: ...e is no triable iss ue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the non existence of any triable issue of material fact. . . .” (Ibid.) “A prima facie showing is one that is sufficient to support the position of the party in question.�...

Excerpt: ...l. file d in related case], ¶ 2.) In the Spring of 2021, Defendant Honarkar sought an infusion of capital into his real estate portfolio. (Id. at ¶ 4.) Plaintiff Makhijani and Defendant Honarkar, through their respective corporate entities, agreed to form a new bu siness venture whereby Plaintiff would contribute capital to three newly formed LLCs, while Defendant Honarkar would contribute his ownership interest in the various entities holding...

Excerpt: ... ADAMAS motion to c ompel Defendant CHRISTIAN ESPANA (“Espana”) to provide further, verified responses, without objections to Plaintiff's Request for Production of Documents, Set Two, Nos. 19, 20, 21, 24, and 25. Sanctions was not requested. Both Motions: While the motions a re framed as seeking further responses, Plaintiff does not argue that Defendants' responses are deficient. Rather, Plaintiff argues that Defendants, in their responses,...

Excerpt: ...ubd. (a)(1).) If a timely mo tion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) No. 7 asks for the identity of all individuals who served on ACSR's Quality Assurance Committee for a certain timeperiod. ACSR objects based on Evidence Code section 1157. Subject to certain exceptions, the “pr...

Excerpt: ...editor”) is DENIED . On 10/27/22, the Court of Appeal issued a Remittitur which awarded costs to Kreditor. (ROA 117) On 11/14/22, Eoin Kreditor and Fitzgerald Yap Kreditor filed a Memorandum of Costs on Appeal, signed under penalty of perjury by counsel. (ROA119) The Memo o f Costs lists the following costs: 1 - $780.00 for preparation of the original and copies of clerk's transcript of appendix; 2 - $244.00 for preparation of the original and...

Excerpt: ...this cost sh ows it incurred only $507.75 to file its answer and demand for jury trial, and not the $508.95 total claimedunder Items 1a -b. (Opp. at p. 6:15 -20; McIntosh Decl. at Ex. A, p. 1.) (2) $9,050 of the amount sought under item 8b. Defendant's first Code of Civi l Procedure section 998 offers to compromise served on 7/10/23 (hereinafter, the 998 offer) was valid. (See Perez Decl. ¶ 2, Ex. 1 [subject 998 offer]; see also Martinez v. Br...

Excerpt: ...ober 26, 2023. ( See ROA 81.) Petitioner appears to have filed a Substitution of Attorney on October 30, 2023, indicating that it is now represented by Marc Cohen, Esq. of Cohen Law Group, APC. (ROA 91.) On that same date, Petitioner filed an Association of Counsel indic ating that Allen Matkins Leck Gamble Mallory & Natsis LLP, and attorneys Scott J. Leipzig, Michael R. Farrell, and Tim C. Hsu, are associating in as co -counsel for Petitioner ...

Excerpt: ...n favor of the party seeking relief from default. Iott v. Franklin (1988) 206 Cal. App. 3d 521, 526. If a party moves promptly for default relief, or if the granting of the relief from default will not prejudice the opposing party (other than losing the advantage o f the default), only slight evidence will justify an order granting such relief. Ibid. For this reason, “a trial court order denying relief is scrutinized more carefully than an orde...

Excerpt: ...erifi ed complaint for defamation and civil extortion against defendants. It alleged that Pabriaga, from an Elab e -mail address, sent two e -mails to several California employees of plaintiff wherein he sought at least $100,000 in exchange for not reporting plaintiff for “illegal testing,” as well as not filing “a complaint to the Office of the Inspector General Fraud Division.” The e -mails are attached to the declaration of Ashlie To...

Excerpt: ...ntified in the responses within 10 days of this Order, and to the extent any responsive documents are withheld on the basis of attorney -client privilege, work product protection, and/or trade secret protection, Plaintiff shall serve a privilege log that identifies the d ocuments withheld and the information necessary to enable the claim of privilege/protection to be evaluated by Defendant. Plaintiff and Plaintiff's counsel shall pay monetary s...

Excerpt: ...Beach filed a motion to compel further responses to form interrogatories (set one), special interrogatories (set one), and requests for production of documents (set one). The motion included a request for monetary sanctions. No opposition was filed to the motions. Th e court notes that this is not first discovery dispute between the parties over these discovery requests. Last August, the court granted a motion to compel responses to the same d...