Excerpt: ..., sexually a bused them. The City moves for summary adjudication against defendant Insurance Company of the State of Pennsylvania (ICSOP) regarding ICSOP's alleged duty to defend the City under an ICSOP policy (No. 4797 -2090 for the period July 1, 1997 to July 1, 1998 (the “ICSOP 97/98 Policy”)). The City seeks summary adjudication that ICSOP had a duty to defend the City under the ICSOP 97/98 Policy against claims and suits brought by 47 Ul...

Excerpt: ... prepondera nce of the evidence. For the following reasons, defendant's motion for reconsideration is denied. American Express argues it has obtained additional evidence supporting its argument that plaintiff Robert S. Anca consented to arbitrate this dispute. Speci fically, American Express presents three new declarations from three American Express employees, as well as various exhibits, that American Express contends demonstrate the court sho...

Excerpt: ... amend can be ju stified”. (Howard v. County of San Diego  (2010) 184 Cal.App.4th 1422.) “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action…it is not only error but abuse of discretion ”. (Morgan v. Superior Court  (195...

Excerpt: ...itutional unless its unconstitutionality clearly, positively, and unmistakably appears; all presumptions and intendments favor its validity.” (Id. at 10 -11, citing People v. Falsetta (1999) 21 Cal.4th 903, 912 -913; accord, Nisei Farmers League v. Labor & Workforce Development Agency (2019) 30 Cal.App.5th 997, 1012, citing Calfarm Ins. Co. v. Deukmejian (1989) 48 Cal.3d 805, 814 [“[a]ll presumptions and intendments favor the validity of a st...

Excerpt: ...ipulated to by the parties. It had three questions. In response to Question No. 1 on the special verdict form, the jury found answered “No” to the question as to whether defendant's negligence was a substantial factor in causing harm to the plaintiff. To make the point clear, the jury put a “zero” in the answer blank for the two questions that asked about damages. Plaintiff now complains that the special verdict form should not have asked...

Excerpt: ...ecover attorney's fees after a successful anti -SLAPP motion is mandatory (Catlin Ins. Co., Inc. v. Danko Meredith Law Firm, Inc. (2022) 73 Cal.App.5th 764, 773; see Jones v. Goodman (2020) 57 Cal.App.5th 521, 537 [“the statutory provision [of section 425.16, subdivision (c)( 1) of the Code of Civil Procedure] is mandatory”].) “As the moving party, the prevailing defendant seeking fees and costs ‘ “bear[s] the burden of establishing ent...

Excerpt: ...timate rather than evidentia ry facts,' [Citation] but the plaintiff must set forth the essential facts of his or her case ‘ “ ‘with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent' ” ' of the plaintiff's claim. [Ci tation.] Legal conclusions are insufficient. [Citations.] ‘We assume the truth of the allegations in the complaint, but do not assume the truth of con...

Excerpt: ... Heidary, et al., Superior Court of California, County of Riverside (Riverside Superior Court), Case No. RIF1670175, which reflects plaintiff's convictions on all but two of the 69 criminal counts filed against him, and that the jury found the aggravated white collar crime enhancement allegations under Penal Code section 186.11 to be true. (See Evid. Code, § 452, subds. (c), (d), (h).) A copy of the subject criminal case report/docket is attac...

Excerpt: ...h causes special damages. (Taus v. Loftus (2007) 40 Cal.4th 683, 720.) ”].) Statements that charge criminal conduct, tend to injure a person in their trade or business, and/or impute to one impotence or a want of chastity are defamatory per se and require no proof of Actual damages. (Civ. Code, § 46; The Nethercutt Collection v. Regalia (2009) 172 Cal.App.4th 361, 367.) “The general rule is that the words constituting an alleged libel must b...

Excerpt: ... Plaintiff's alter ego claim s. The Motion as to each of those issues is DENIED. Issue 1: A motion for summary adjudication of issues (“MSA”) may address only an issue that will completely dispose of a COA, defense, claim for damages, or issue of duty. (See C.C.P. § 437c(f)(1).) An alter -ego claim is not a cause of action, defense, claim for damages, or issue of duty. It is a doctrine that permits courts to ignore the corporate form in fash...

Excerpt: ...ds that the petition for writ of mandate is “outside the scope of the arbitration agreement”; and, in any event, (2) Respondent Sargisian has “affirmatively waived any right to arbitrate with this extremely untimely Motion.” (Opp'n at p. 2.) The Court finds neither argument is persuasive, and the petition for writ of mandate is subject to the mandatory arbitration provision. At the outset, the Court addresses Respondent's contention that...

Excerpt: ...ely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (See Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) A demurrer for uncertainty is directed at the uncertainty exis ting in the allegations actually made. (People v. Lim (1941) 18 Cal. 2d 872, 883; see also Code Civ. Proc., § 430.10, subd. (f).) “A demurrer for uncertainty is strictly construed, even ...

Excerpt: ...rrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404 -05.) Eight Causes of Action for Defamation “The elements of a defamation claim are (1) a publication that is (2) false, (3) defamatory, (4) unprivileged, and (5) has a natural tendency to injure or causes sp...

Excerpt: ...conformity with t he laws of this state, a court rule, or an order of the court.” (Code Civ. Proc., § 436, subd. (b).) A pleading may thus be stricken if it is not filed within the time allowed by court order or court rule. (Gitmed v. General Motors Corp. (1994) 26 Cal.App. 4th 824, 828.) Here, Plaintiff failed to timely file the SAC and failed to obtain leave of Court before adding new causes of action for: accounting, conversion, corporate...

Excerpt: ..., the meas ure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” (Code Civ. Proc., § 1021.) “In any a ction on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the ...

Excerpt: ...he absence of a vo luntary submission to the authority of the court, compliance with the statutes governing service of process is essential to establish that court's personal jurisdiction over a defendant.” (Dill v. Berquist Constr. Co. (1994) 24 Cal.App.4th 1426, 1439.) “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion...

Excerpt: ...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 that Perez had previously worked for the LLC Defendants a nd had been fired for sexual harassment, but was rehired. Plaintiff alleges that because she refused Perez's advancements, Perez refused to help Plaintiff with bringing coffee or te...

Excerpt: ...ue 30 d ays after service (plus appropriate time for method of service). (Code Civ. Proc. §§ 2030.260; 2031.260; 2033.250.) A motion to compel further response to discovery “shall” (1) be made within 45 days of the service of the response or on or before any s pecific later date to which the parties have agreed in writing, (2) demonstrate a reasonable, good faith meet and confer attempt at informal resolution of each issue presented, and (...

Excerpt: ...any cross- examination is anticipated. Second, the court will hear from Defendant as to the timing of the motion. It appears to the court that the facts on which the motion is based have been known to Defendants for years. In addition, Defendants have not in the past o bjected to Rosemary Amezcua -Moll's participation in substantive, evidentiary motions both as counsel and witness. Disqualification A court has inherent power “to control in fur...

Excerpt: ..., 411 -413, 415 -421, 425 -442 & 489; SROG nos. 99 -104, 141 -160, 186 -191 & 199; RFA nos. 128 -139; and FROG no. 17.1,” along with the entirety of Plaintiff's Reply Brief, are sealed. [ROA # 1236, 1237, 1240, 1241, 1242, 1243] Statement of Law “Unless confidentiality is re quired by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must...

Excerpt: ...ty may obtain discovery” by “inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action.” (Code Civ. Proc., § 2031.010, subd . (a).) Section 2031.210 requires a party responding to an inspection demand to respond with (1) a statement that it will comply, (2) a representation that it does not have ...

Excerpt: ...rty to a n arbitration agreement may move to compel arbitration if another party to the agreement refuses to arbitrate. A party moving to compel arbitration under Section 1281.2 must prove by a preponderance of the evidence that: (1) The parties entered into a written agreement to arbitrate; and (2) one or more of the claims at issue are covered by that agreement. (Code Civ. Proc., § 1281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1...

Excerpt: ...eek to compel arbitration because of the addition of new defendants in the FAC. The party seeking to compel arbitration under either the FAA or California law must prove by a preponderance of the evidence the existence of an arbitration agreement, and that the dispute is covered by the agreement. (Perez v. DirecTV Group Holdings, LLC (C.D. Cal. 2017) 251 F.Supp.3d 1328, 1336; Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394...

Excerpt: ...wed under the a buse of discretion standard. (Duchrow v. Forrest (2013) 215 Cal.App.4th 1359, 1377.) Leave must be liberally granted at any stage of the litigation, when no prejudice to the opposing party is shown. (Id. at 1377.) The court must consider several factors, i ncluding the conduct of the party seeking leave to amend and that party's diligence in presenting the amendment. (Ibid.) An unwarranted delay in seeking an amendment is in i...

Excerpt: ...urrer to SAC A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404 -1405. ) “In the construction of a pleading, for purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” (...