Excerpt: ...ir shared general counsel and the Board of Education did not appoint Jeffrey Riel as the shared general counsel. The first cause of action in the complaint by the Board of Education is for injunctive relief under Code Civ. Proc. sections 526 and 527. A claim for injunctive relief requires: (1) a tort or other wrongful act constituting a cause of action; and (2) irreparable injury, i.e., a factual showing that the wrongful act constitutes an actua...

Excerpt: ...rogatories and Requests for Production are GRANTED. The evidence submitted to the court shows that defendants received service of the discovery requests no later than 06/24/19 and have yet to serve any responses. All objections are thus waived, and defendants are ORDERED to serve verified responses, without objections, to the subject discovery within 15 days. Additionally, the court imposes monetary sanctions against each defendant in the amount ...

Excerpt: ...laint named defendant John Seidensticker as the responsible motorist. After learning that Behr was Seidensticker's employer at the time of the accident, Plaintiffs named Behr as Doe 1 defendant. After the court granted in part, and denied in part, Behr's motion to strike, but before Plaintiffs' filed the operative First Amended Complaint (“FAC”), Behr filed the instant motion. Although the Complaint to which the motion is directed is not the ...

Excerpt: ...low, may serve and file a notice of motion . . . [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” Plaintiff argues that the Motion filed on September 26, 2019 is untimely because Reat Taste was served with the Summons and Complaint via substitute service on August 16, 2019, and based on the date of service, any motion to quash was required to be filed by September 25, 2019. Reat Taste contends t...

Excerpt: ...fault prove up hearing/bench trial, the court found in favor of plaintiff Balboa against defendants Ramian Estate, LLC dba Ramian Wines, Brian Graham and Ramian Wine (collectively “Defendants”) in the amount of $35,484.93, attorney's fees and post judgment interest to be determined. The lease agreement (“Lease”) upon which Balboa bases its suit includes an attorney's fee provision. See Lease, ¶ 13. As the prevailing party, plaintiff seek...

Excerpt: ...d. Plaintiff alleges she began her employment with the Art of Gifting, Inc. “doing business as Bellagio Spas and Salons” on September 8, 2012. (See ¶6 of Complaint). Thereafter, Plaintiff alleges she received less in compensation than was agreed to, within an Independent Stylist Agreement, which is attached as Exhibit A to the Complaint. (See ¶7 of Complaint). As noted by Defendants, the Agreement attached to the Complaint was executed sole...

Excerpt: ...laintiffs alleged that Dennis Xu had defrauded them, or whether a third party had defrauded them. Based on the revisions made by plaintiffs to the pleading, it appears to the court that plaintiffs' theory of liability against Dennis Xu sounds in negligence, and that their theory against Tri Pointe Connect sounds in respondeat superior. “Under the doctrine of respondeat superior, an employer is ordinarily liable for the injuries its employees ca...

Excerpt: ...eks judicial notice of various trial court rulings in other unrelated cases on purportedly similar motions. Pursuant to Evid. C. § 452(d)(1), the court may take judicial notice of records of “any court of this state.” However, while the court may “judicially notice a variety of matters, only relevant material may be noticed.” Aquila, Inc. v. Sup. Ct. (2007) 148 Cal.App.4 th 556, 569. The orders submitted by moving party are irrelevant to...

Excerpt: ... yards. 3. Plaintiff is the prevailing party in this action and entitle to costs of $2334.01 and attorneys' fees of $122,187.00. 4. Interest on the above penalties and costs will accrue at the rate of 10% per annum from entry of the amended judgment. RELIEF SOUGHT: Plaintiff and judgment creditor applies to the court for an Order of Sale of the property at 12 Gondoliers Bluff, Newport Coast, CA 92657. Moving Party's CONTENTIONS: Plaintiff is tryi...

Excerpt: ...proportionate liability.” See Toyota Motor Sales U.S.A., Inc. v. Sup. Ct., 220 Cal.App.3d 864, 871 (1990). However, even if the plaintiff's damages are potentially high, and a defendant's liability certain, “a disproportionately low settlement figure is often reasonable in the case of a relatively insolvent, and uninsured, or underinsured, joint tortfeasor.” See County of Los Angeles v. Guerrero, 209 Cal.App.3d 1149, 1157 (1989). Here, Mr. ...

Excerpt: ...Cal.4th 245, 255. Therefore, it is Plaintiffs' burden to present competent evidence that the exclusion of Valencia from Deponents' depositions is warranted. Pursuant to Code of Civ. Proc. § 2025.420, a court may, “for good cause shown,” make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden or expense. Included with...

Excerpt: ...ry objections are all overruled because they do not comply with the requirements in CRC 3.1354(b), which requires each written objection to be numbered consecutively. Defendant's objections 1-10 to the expert declaration of Angelina Maria Arturo, D.P.T., R.P.T. are overruled. Defendant's objections 1-7 to the declaration of plaintiff Carmen Casas Guerrero are overruled. Defendant's objections 1-6 to the declaration of David Guerrero are overruled...

Excerpt: ...nd respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists unless it determines that the right to compel arbitration has been waived by the petitioner or that grounds exist for the rescission of the agreement. Code Civ. Proc. § 1281.2. A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such...

Excerpt: ...g in which the bond is given and the time for appeal has expired or, if an appeal is taken, until the appeal is finally determined. The motion shall not be made or notice of motion served more than one year after the later of the preceding dates. (c) Notice of motion shall be served on the principal and sureties at least 30 days before the time set for hearing of the motion. The notice shall state the amount of the claim and shall be supported by...

Excerpt: ... must order the petitioner and respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists unless it determines that the right to compel arbitration has been waived by the petitioner or that grounds exist for the rescission of the agreement. Code Civ. Proc. § 1281.2. A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and...

Excerpt: ...ges 4. Demurrer of Defendants CEP America-California, Khanh P. Tran, M.D. and Khanh P. Tran, M.D., Inc. to Plaintiffs' Second Amended Complaint 5. Motion by Defendants CEP America-California, Khanh P. Tran, M.D. and Khanh P. Tran, M.D., Inc. to Strike Portions of Plaintiffs' Second Amended Complaint Defendants Memorialcare Health System dba Memorial Health Services and Saddleback Memorial Medical Center's (collectively “Memorialcare”) demur t...

Excerpt: ...r Specific Performance of an Implied Agreement; and Fourth Cause of Action for Breach of Contract alleged in plaintiff Karin Holloway's Complaint is sustained with leave to amend. Defendant argues that the second, third and fourth causes of action are barred by Code of Civil Procedure Sections 366.2(a) and 366.3(a). Code of Civil Procedure§ 366.2(a) provides: "If a person against whom an action may be brought on a liability of the person, whethe...

Excerpt: ...should be disregarded because it was filed and served on October 23, 2019. However, plaintiff is incorrect because the general rules for filing and service in Code Civ. Proc. § 1005 do not apply. Rather, subdivision (a) of Code Civ. Proc. § 484.060 provides that if a defendant wishes “to oppose the issuance of the right to attach order sought by plaintiff or objects to the amount sought to be secured by the attachment, the defendant shall fil...

Excerpt: ...driving with a BAC of .08% or more supported by the weight of the evidence? Pederson was the only person who testified during the Administrative Hearing on 11/16/18. She admitted to having “an alcoholic beverage.” [AR 32, 9-12] She also testified that if she has two drinks, “I throw up.” [AR 32,15-19] She confirmed the officer's report that she had two vodka tonics. [AR 32:22 – AR 33:1] Field sobriety tests were administered. [AR 36:10 ...

Excerpt: ...rty to a civil action to recover damages for personal injury who is under the age of 14 shall be entitled to preference upon motion “unless the court finds that the party does not have a substantial interest in the case as a whole.” Further, per Code of Civ. Proc. § 36(e), the “court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by gr...

Excerpt: ...ond, he wants the court to declare that plaintiffs' use of vehicles on his property related to commercial or noncommercial equestrian operations constitutes an impermissible excessive burden and overuse of the easements such that they have extinguished any right plaintiffs may have had to use his property for any purpose. Summary adjudication of the First Cause of Action requires that Thier negate both grounds for declaratory relief. Thier argues...

Excerpt: ... of Action), Issue No. 3 (Fourth Cause of Action) and Issue No. 4 (Third Cause of Action). The District's motion for summary judgment is DENIED, The District's motion for summary adjudication is GRANTED in part, and DENIED in part. Procedural Defect: Plaintiff objects to District's exhibits A through I on the grounds that Plaintiff has failed to comply with California Rules of Court, Rule 3.1350(g) which requires that “[i]f evidence in support ...

Excerpt: ...sts as the prevailing party after the surrender of the vehicle and as agreed by the parties by stipulation or, if the parties cannot agree, as determined by the court in a single noticed motion.” A prevailing buyer in an action under the Song-Beverly Act is permitted to recover “a sum equal to the aggregate amount of costs and expenses, including attorneys' fees based on actual time expended, determined by the court to have been reasonable in...

Excerpt: ...C US, David Earl Stephens, James Leroy Cotterman, Jr., James D. Weber, Mark P. Hontz, Kimberly R. Kerry, Colin J. Schottlaender, William H. Swanson, Thomas A. Kennedy, Matthew Brewer, F. Kinsey Haffner, Brian J. Armstrong and Keith Peden: Standard of Proof for Summary Judgment/Adjudication Since res judicata and the statute of limitations are affirmative defenses, defendants have the burden of proof: “The burden on a defendant moving for summar...

Excerpt: ...tion to strike, Defendant seeks Judicial Notice of plaintiff's governmental claim against the City. The demurrer is SUSTAINED in part and OVERRULED in part. The request for judicial notice is GRANTED. The motion to strike is MOOT. Request for Judicial Notice The court takes judicial notice of the date plaintiff presented his claim against the City under Cal. Evid. Code §§ 452(h) and 453. However, the court may not take judicial notice of the tr...