Excerpt: ...pp.4th 361). The Court may, if it appears that the action or proceeding was not commenced in the proper court, order the action or proceeding transferred to the proper court. (Civ. P ro c . Co d e § 3 9 6 b ) . In considering a motion for change of place of trial on ground of convenience of witnesses, the court may not consider convenience of the parties. (Co d e o f Civ il Procedure section 397 (c); Di Giorgio Fruit Corp. v. Za cha ry (1943) 60...

Excerpt: ...uit was served by post and mail . The cases on which Defendant relies, The Bank of New York Mellon v. Preciado (2013) 224 Cal.App.4th Supp. 1, and Kwok v. Bergren (1982) 130 Cal.App.3d 596, were both addressing the sufficiency of evidence presented at trial, not the sufficiency of the allegations in the complaint . The Court notes that the unlawful detainer complaint is a Judicial Council form. Service of the three -day notice is set forth in sec...

Excerpt: ...g, Inc., to Form Interrogatories, Set One - S T AYED . (a ) The request to compel arbitration is GRANTED . The parties agree that Plaintiff signed an arbitration agreement and that the Federal Arbitration Act (“FAA”) governs in this case . Once the existence of the agreement is established, the burden of establishing grounds which prevent its enforcement is on the plaintiff as the challenging party. (Mission Viejo Emergency Medica l Associa t...

Excerpt: ...lly briefed at the final approval hearing, and reserves judgment on that issue . The First Amended Complaint contains 10 causes of action: 1. Failure to Pay Minimum Wages; 2. Failure to Pay Overtime Wages; 3. Failure to Provide Meal Periods; 4. Failure to Permit Rest Breaks; 5. Failure to Reimburse Business Exp e n s e s ; 6 . Fa ilu re t o P ro v ide Accurate Itemized Wage Statements; 7. Failure to Pay Wages Timely During Employment; 8. Failure ...

Excerpt: ... U.S.C. § 1 et seq.), as Defendants have presented evidence that the subject agreement qualifies as a written contract involving int e rst ate comme rce . Plaintiff has failed to demonstrate that the agreement is unenforceable due to unconscionability. While the Court does find some measure of procedural unconscionability inherent in the mandatory nature of the agreement in 2005, that element appears to hav e been removed in connection with the ...

Excerpt: ...reement and for uncertainty as to the terms of said (Code of Civil Proc. § 430.10(g); Miles v. Deutsche Bank Nat'l Trust Co. (2015) 236 Cal. 4th 394; Aton Ctr., Inc. v. United Healthcare Ins. Co., (2023) 93 Cal. App. 5th 1214; Code of Civ. Proc. §430.10 (f); Khoury v Ma ly's of Ca lif. Inc.( 1993) 14 Ca l. 4 th 612 ; Hall v. Department of Adoptions , (1975) 47 Cal. App. 3d 898) . The Court also finds that Defendants/ Cross Complainants' att...

Excerpt: ... statement or writing made before a legislative, executive, or ju d ic ia l p r o c e e d in g , o r a n y o t h e r o f f ic ia l p r o c e e d in g a u t h o r ize d b y la w ”. (C C P §425.16(e); Equilon Enterprises v. Consumer Cause, Inc., (2002) 29 Cal. 4th 53, 67; Brown v. Depart ment of Corr ., (2005) 132 Cal. App. 4th 520) . The Court further finds that Plaintiff has not proffered any admissible evidence demonstrating the probability t...

Excerpt: ...ceeded to judgment on May 1, 2024 in favor of Plaintiff for possession . The writ of execution was issued May 2, 2024 . On May 14, 2024, Defendant filed this ex parte motion to stay execution of the writ. Defendant indicates she is pregnant and needs additional time to move out and obtain assistance with moving out . D e f e n d a n t in d ic a t e s n o t ic e w a s p r o v id e d t o P la in t if f 's c o u n s e l v ia v o ic e m a il . Author...

Excerpt: ...listed categories and requests. (Code of Civil Proc. §§ 2017.010 and 2025.450 (a); W illia m s v. Su p .Ct . (Ma r s h a lls o f C A, LLC ) 3 Cal.5th 531, 541; Eme rs o n Ele c . Co . v. Su p .Ct . (Gra ys o n ) (1997) 16 Cal.4th 1101, 1108; Obregon v. Sup.Ct. (Cimm's, Inc.) (1998) 67 Cal.4th 424, 434) . Borse v. Superior Court In and For Sacramento County (1970), 7 Cal.App.3d 286.) . Regarding Defendant's claims of attorney client privileg...

Excerpt: ... Court has discretion, this initial statement is in c orrect; Petitioner does not have as a matter right to attorney fees by virtue of winning the case. Petitioner is cautioned not to make inaccurate statements of la w . The Court has wide discretion for finding attorney's fees to be warranted. (Code Civ. Proc. § 527.6(s), Elster v. Friedman (1989) 211 Cal.App.3d 1439. ) In this case there were two substantive claims: 1. A bathroom fight in whic...

Excerpt: ...t, “Upon motion, a court may award attorneys' fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affe ct ing t he pub lic interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one pu...

Excerpt: ... Civil Procedure § 425.16(c)(1) provides that “a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's attorney's fees and costs.” The phrase “shall” is mandatory. (See Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131. ) Defendant has requested fees in the amount of $32,225.20, “in addition to such other fees and costs Reeves may incur in drafting a reply in support of this Motion and/ or...

Excerpt: ...e responses to Plaintiff's Special Interrogatories and Requests for Produ ction, and to produce the requested documents, without o b je c t io n. The Court further finds that Defendants' conduct constitutes an abuse of the discovery process and renders terminating sanctions appropriate herein. (Code of Civ il P r o c . §2023.030; Cit y of Los Angeles v. Pricewa t erhouseCoopers, LLC , (2022) 84 Cal.App.5th 466; Los Defensores, Inc. v. Gomez (201...

Excerpt: ...itration is a matter of contract, generally ‘ “one must be a party to an arbitration agreement to be bound by it or invoke it.” ‘ [Citations.]” ( DMS Services, LLC v. Superior Court (2012) 205 Cal.App.4th 1346, 1352.) “However, both California and federal courts have recognized limited exceptions to this rule, allowing nonsignatories to an agreement containing an arbitration clause to compel arbitration of, or be compelled to arbitra ...

Excerpt: ...Sanctions against Defendant and/ or its Attorneys of Recor d – GRAN TED , in p a r t , a n d D EN IED , in p a r t . Preliminarily, the Court notes it continued these matters and gave Plaintiff the opportunity to cure the defect of failing to file the separate statements required by rule 3.1345 of the California Rules of Court. The separate statements Plaintiff then submitted were defective because they did not address each request individually...

Excerpt: ...ode of Civil Procedure. Following the arbitrator's decision, any party may petition the court t o co nfirm or vacate the arbitration award under section 1285 of the Code of Civil Procedure. If the arbitrator determines that Adolph is an aggrieved e m p lo ye e in t h e p r o c e s s o f a d ju d ic a t in g h is in d iv id u a l P AGA c la im , t h a t d e t e r m in a t io n , if c o n f ir m e d a n d r e d u c e d to a final judgment (Code...

Excerpt: ...lerio is SUSTAIN ED in f u ll. Defendant argues that the intent and knowledge of the parties is such that it can be judicially noticed. He argues “Defendant understands that evidence is not, strictly speaking, admissible of purposes of ruling on demurrer.” This is a correct statement ev en without the “strictly speaking,” clause . Judicial notice may not be taken of any matter unless authorized or required by la w . (Ev id . C o d e , § ...

Excerpt: ...INUED, on the Court's own motion . (a ) There is no dispute between the parties as to Defendant's entitlement to the re que st e d discove ry. In the absence of demonstrated justification for said presence, the Court finds that Plaintiff's Counsel is not entitled to be present for said Independent Medical Examination. ( Golfland Entertainment Centers, Inc. v. Superior Court (2003) 108 Ca l.Ap p .4 t h 7 3 9 ; Vin s o n v. Su p e r io r Co u r t (...

Excerpt: ... the amount of $1,060.00 against Defendant and Defendant's Counsel – GRANTED, and unopposed; c) P la in t if f 's M o t io n t o Compel Further Responses to Demand for Production, Set One from Defendant, Mid Valley Agricultural Services, Inc; Request for Sanctions in the amount of $1,060.00 against Defendant and Defendant's Counsel – GRAN TED , a n d unopposed; d) Plaintiff's Motion to Compel Further Responses to Request for Admissions, Set O...

Excerpt: ...evidence conclusively disproves each element necessary to support Plaintiffs' recovery for wrongful death and survival premised upon professional negligence - breach of duty, causation, and resultant damages, and also conclusiv ely disproves the elements of causation and resultant damages that are necessary to support Plaintiffs' recovery for either wrongful death or survival premised upon professional negligence . Further, Defendants' evidence e...

Excerpt: ... Fund Insurance Co m p a n y (2022) 81 Cal.App.5th 96, 104- 105.) The Court therefore assumes the allegations are factual for the purposes of this motion. Here, Plaintiffs allege that the employees were negligently hired in the second cause of action, and negligently supervised and trained in the third cause of action. Plaintiffs' argument is that the failure – acknowledged by Defendants – to a v o id t h e w it h d rawal of money by unauthor...

Excerpt: .... Dept . of Fin., (2022) 79 Cal. App. 5th 431,), as modified on denial of reh'g (May 31, 2022), review denied (Aug. 10, 2022) . The Court also finds that said alleged agreement, were same enforceable, is violative of the Statute of Frauds in that it relates to “An agreement for the le asing for a longe r pe riod than one ye ar, or for t he sale of re al prope rt y, or of an interest therei n.” but was not in writing. (Civ. Code § 1624; M...

Excerpt: ...ify whether the Plaintiff viewed the English - o r Sp a n is h -language version of the arbitration agreement. It appears from the record that it was the Spanish version, though that is u n c le a r . If Defendant does not know which version it is, the use of the English version is a d d it io n a l e v id e n c e t h a t P la in t if f d id n o t p e r s o n a lly a g r e e t o a r b it r a t io n . If it is t h e Spanish version, such version s...

Excerpt: ...tes the indemnitor to reimburse the indemnitee for any damages the indemnitee becomes obligated to pay third persons —that is, it relates to third party claims, not attorney fees incurred in a breach of contract action between the parties to the indemnity agreement itself. ( Alk i Pa rt ners, LP v. DB Fund Servs ., LLC, (2016) 4 Cal. App. 5th 574 ; Ca rr Bus. Ent erprises, Inc. v. Cit y of Chowchilla , (2008)166 Cal. App. 4th 14) . The Court fu...

Excerpt: ... 2017.010 and 2030.300 ; W illia m s v. Su p .Ct . (Ma r s h a lls o f CA, LLC) 3 Cal.5th 531, 541 Em e r s o n Ele c . Co . v. Su p .Ct . (Gra ys o n ) (1997) 16 Cal. 4th 1101; Obregon v. Sup.Ct. (Cimm's, In c . ) (1998) 67 Cal.4th 424, 434) . Regarding Defendant's claims of attorney client privilege and attorney work product the Court finds that Defendant did not provide sufficient factual in f o r m a t io n t o p e r m it a n e v a lu a t...