Excerpt: ...granted Feb. 1, 2023 (Dhital v. Nissan N. America, Inc. (2023) 523 P.3d 392) as to both the sufficiency of the allegations in the fifth cause of action and the application of the economic loss rule. Ford acknowledges that Dhital can be cited for persuasive value under Rule of Court 8.115. (Demurrer at fn. 1) Dhital v. Nissan N. America, Inc., supra, 84 Cal.App.5th 828, addresses both the elements of a cause of action for fraudulent inducement ba...

Excerpt: ...rk as “an off icer” and “personnel” of Kash Construction, Inc., which holds the requisite Class B General Building license obtained by Mohammad Kashouli, the CEO of Kash Construction Inc. Plaintiff submits no legal authority in support of this argument. Plaintiff als o points out that Plaintiff has a Motion for Leave to File a First Amended Complaint calendared for a June 6, 2024 hearing. In the First Amended Complaint, Plaintiff seeks to...

Excerpt: ...ntered into b y the plaintiff or other claimant and one or more alleged tortfeasors or co -obligors. . .” A determination by the court that the settlement was made in good faith will bar any other joint tortfeasor or co -obligor from any further claims against the settlin g tortfeasor or co-obligor for equitable comparative contribution or partial or comparative indemnity based on comparative negligence or comparative fault. (Code Civ. Proc., �...

Excerpt: ...ent agreeme nt (¶¶ 1.18, 5.9) states Individual PAGA Payments are calculated based on Weeks Worked, but the notice (Butler Decl. (ROA 234) Ex. A (box at bottom of page 2)) states Individual PAGA Payments are calculated based on Pay Periods. The Supplemental Beliveau Declaration (ROA 262, ¶ 5) states: “The Individual PAGA Payment was calculated by dividing the number of Individual Weeks Worked by the PAGA Group Member during the PAGA Period b...

Excerpt: ...sition wil l not be considered by the Court. Defendant seeks judgment on the pleadings with respect to the second, fourth, fifth, sixth, and seventh causes of action. On May 15, 2024, Defendant dismissed the fourth cause of action for retaliation. “The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters th...

Excerpt: ...damages to Plaintiff s which directly relate to and arise out of the same set of general facts and transaction underlying Plaintiffs' claims as alleged in their operative complaint, i.e., Plaintiffs' transaction with Architectural, Inc. for the purchase and installation of handmade steel windows and doors at Plaintiffs' home. Procedural Requirements A motion to amend a pleading before trial must: (1) include a copy of the proposed amendment or am...

Excerpt: ...y Darrell McKay. Both were named as defendants, but McKay has now been dismissed because it has come to plaintiff's attention that McKay apparently never signed the guaranty; his name was allegedly forged by Mello. The amended complaint would add a cause of action for fraud against Mello. These are the pertinent facts: The guaranty was executed May 28, 2020. Plaintiff alleges the contract was breached November 22, 2022, when a payment was missed....

Excerpt: ... the deleted allegations are located,” and “[s]tate what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.” Cal. R. Ct. 3.1324(a)(2), (a)(3). A separate decla ration must accompany the motion and must specify: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended...

Excerpt: ... the deleted allegations are located,” and “[s]tate what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.” Cal. R. Ct. 3.1324(a)(2), (a)(3). A separate decla ration must accompany the motion and must specify: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended...

Excerpt: ...l situation should be provided, including appropriate financial documents such as balance sheets, cash flow statements, and profit and loss statements. 2. The PAGA release should be separated from the class release. Settlement Agreement ¶ 15. Releases for aggrieved employees other than plaintiff should not release more than the civil penalties available under PAGA based on the facts alleged in the operative complaint and the notice letter(s) ...

Excerpt: ... distinct entity of the Weco sign corporate form. Plaintiff cannot establish Wecosign, Inc. was created with fraudulent intent. Padilla is estopped from denying the corporate existence. One or more elements cannot be established. Defendant has a complete defense.” The Motion goes o n to seek summary adjudication as to five of the causes of action (each a “COA”) asserted by Plaintiff in the fourth amended complaint, and on Plaintiff's alter...

Excerpt: ...acie showing is one that is sufficient to support the position of the party in question.” (Id. at 851.) The parties must set forth admissible evidence. (Code Civ. Proc., § 437c, subd. (d).) A defendant moving for summary judgment satisfies his or her initial burden by show ing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc., § 437c, subd. (p)(...

Excerpt: ...oceeding.” (Code Civ. Proc., § 437c(a)(1).) “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which ob...

Excerpt: ...risdiction to enforc e the stipulated settlement. First, however, there is the question of service of the motion. The proof of service on the motion shows service was mailed to: Woman's Recovery Center, LLC, d/b/a Sunsets Recovery Center Ali Parvaneh, Esq. 17702 Mitchell North Irvine, CA 92614 There is nothing in the court file to connect this lawyer or this address to Respondent Woman's Recovery Center, LLC. The court will hear from counsel for...

Excerpt: ...edical malpractice on the grounds that the entire action is time -barred pursuant to Code of Civil Procedure section 340.5. “The party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to j udgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid. Code...

Excerpt: ...eihimi, Robert Style and Core Structure, Inc. (“Core Structure”). (ROA 880.) There is no “litmus test” to determine when the corporate veil will be pierced; the results depend on the circumstances of each particular case. However, courts have required two generally requi rements to be met. First, the court must find that “the new party must be the alter ego of the old party.” In making this determination, the court may consider facto...

Excerpt: ...risdi ction over these Motion; the standard is the same as discovery in civil cases. “[T]he uninsured motorist law grants the superior court the exclusive jurisdiction to hear discovery matters arising under uninsured motorist arbitrations.” (Miranda v. 21st C entury Ins. Co. (2004) 117 Cal.App.4th 913, 926; See also Insurance Code §11580.2(f)(2)). The discovery procedures available to the parties in uninsured motorist cases are basically th...

Excerpt: ... and to the attendant re quirement that arbitration shall proceed as the parties themselves have agreed.” ‘ “ (Armendariz v. Found. Health Psychcare Servs., Inc. (2000) 24 Cal. 4th 83, 115.) “The trial court's role is “confined to ascertaining whether the party seeking arbitratio n is making a claim which on its face is governed by the contract.” [Citation.] "The petitioner bears the burden of proving the existence of a valid...

Excerpt: ...use justifying the discovery sought by the demand.” (Code Civ. Proc., § 2031.310, subd. (b)(1).) “To establish good cause, a discovery proponent must identify a disputed fact that is of consequence in the action and explain how the discovery sought will tend in reason to prove or disprove that fact or lead to other evidence that will tend to prove or disprove the fact.” (Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216, ...

Excerpt: ...r compellin g a further response 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 inadequate, incomplete, or evasive; (3) An objection in the respo nse is without merit or too general. (Code Civ. Proc., § 2031.310, subd. (a).) A motion to compel further responses “shall” set forth “specific facts showing good cause just...

Excerpt: ... if an ans wer to a particular interrogatory is evasive or incomplete, or an exercise of the option to produce documents under Code Civ. Proc. section 2030.230 is unwarranted or the required specification of those documents is inadequate, or an objection to an interr ogatory is without merit or too general. The motion must be accompanied by a meet and confer declaration under Code. Civ. Proc. Section 2016.040. (Code Civ. Proc. § 2030.300(b).) P...

Excerpt: ...Plaintiff claims that he cannot access the defendant business establishment (a restaurant) because of several “physical and intangible” access barriers. Motion to Compel Physical Examination Defendants filed a request for an Independent Medical Examination of the plaintiff. Th ey also sought a protective order staying any further proceedings pending the examination. Defendants claim the plaintiff does not have standing to bring the action, a...

Excerpt: ... least five d ays prior to the last day to file the responsive motion. Additionally, the declaration of Tina Park filed in support of the Motion does not clearly set forth the means by which any meet and confer took place. Attorney Fees Cross- Defendant moves to strike references to recovery of attorney fees in the CrossComplaint, arguing that Cross -Complainant has not set forth a contractual or statutory basis for recovery of attorney fees. ...

Excerpt: ...laint for declaratory and i njunctive relief, based on the facts pleaded, the only cognizable injury HNHPC alleges is the assessment of tax liabilities on it, and the gravamen of this lawsuit is a tax refund action as the net result of HNHPC's claims, if successful, would be to absol ve it of its assessed tax liabilities. Respondents assert that Revenue and Taxation Code (“RTC”) sections 34013 and 55243 and California Constitution, Article XI...

Excerpt: ...d (d)(1) and We stminster Municipal Code (“WMC”) section 8.20.290. Health & Safety Code § 17980.7(c)(11) states that: (11) The prevailing party in an action pursuant to this section shall be entitled to reasonable attorney's fees and court costs as may be fixed by the court. Health and Safety Code § 17980.7(d)(1) says: If the court finds that a building is in a condition which substantially endangers the health and safety of residents...