Excerpt: ...arty may move for s ummary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified i...

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: ...(2014) 230 Cal.Ap p.4th 381, 395.) “[F]iduciary duties are either imposed by law or are undertaken by agreement. . .” (Maglica v. Maglica (1998) 66 Cal.App.4th 442, 447.) “Fiduciary duties are imposed by law in certain technical, legal relationships such as those between partners or joint venturers, husbands and wives, guardians and wards, trustees and beneficiaries, principals and agents, and attorneys and clients.” (GAB Bus. Servs., In...

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: ...AGA settlements ar e subject to trial court 4 review “to determine whether [they are] fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77. The court has reviewed and considered the papers filed in support of plaintiff's motion for approval of a $125,569.93 PAGA settle...

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: ...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: ...rmance, (3) th e defendant's breach, and (4) resulting damages to the plaintiff. [Citations.]” (Maxwell v. Dolezal (2014) 231 Cal.App.4th 93, 97- 98.) “An oral contract may be pleaded generally as to its effect, because it is rarely possible to allege the exact words.” (K houry v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) The Complaint fails to adequately plead an oral. Specifically, the Complaint inconsistently p...

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: ...t to allege a ca use of action. Statute of Limitations: Code of Civil Procedure section 338(d) provides that an action for fraud must be brought within three years. The FAC alleges that Plaintiffs purchased the Subject Vehicle on May 16, 2012. (FAC, ¶ 7.) The lawsuit wa s filed on February 22, 2023, over seven and a half years after the statute of limitations had run. “A plaintiff must bring a claim within the limitations period after accrual...

Excerpt: ...l grounds not supported. CRC 3.1113(a). The Entire Complaint Defendant argues an unverified complaint cannot amend a verified complaint. The case cited is from 1884 and is not persuasive authority. Defendant has not cited any modern California cases that supp orts this position. Therefore, the Court declines to strike the SAC on this ground. The Fifth and Sixth Causes of Action The fifth and sixth causes of action for covenant of good faith an...

Excerpt: ... in light of the Court's ruling on the demurrer. Defendants request judicial notice nos. 1 -4 are granted. (See Evidence Code § 451(d).) Defendants' request for judicial notice no. 5 is denied. “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine “whether the complaint alleges facts sufficient to state a cause of action or...

Excerpt: ...pport of plai ntiffs' motion for preliminary approval of a class 11 estimated high, low and average PAGA payments, and each plaintiff's anticipated total amount (including any individual claims and excluding any enhancement payment). 2. The class members' release is o verbroad. Settlement Agreement ¶¶ JJ; KK. The release must be fairly tailored to the claims that were or reasonably could have been asserted in the lawsuit based on the facts alle...

Excerpt: ...ce of defen dant's financial situation, including appropriate financial documents such as balance sheets, cash flow statements, and profit and loss statements. any individual claims and excluding any enhancement payment). 3. Paragraph 23(v) of the settlement agreement should be revised to state (i) the parties shall file with the court all disputes submitted by class members, the evidence submitted, and the resolution of the disputes, and (i...

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: ...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...