Excerpt: ...the demurrer. This dispute arises out of an option to lease the premises on which an restaurant is operated. Plaintiff alleges he and his former business partner, Abed Elhaj, purchased the business from the previous tenants, the Chaos, in 1994. In connection with the acquisition, a total of five agreements were executed, “none of which would have occurred without the others[.]” (FAC at ¶ 16.) Included in the five agreements was an “Option ...

Excerpt: ...tiff must allege facts establishing that defendant: “(1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene or medical care; (2) knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs; and (3) denied or withheld goods or services necessary to meet the elder or dependent adult's basic needs, either with knowledge that injury was...

Excerpt: ...s of action in the Complaint. Defendants have met their burden to show a valid written arbitration agreement that covers the disputes asserted in the Complaint. (Code Civ. Proc., § 1281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) The Court finds that the Federal Arbitration Act applies to the arbitration and the California Arbitration Act applies procedurally per the terms of the parties' arbitration agreement (“Agreement”...

Excerpt: ...s, no. 17.1; (iii) Requests for production, nos. 34-45; and (iv) Requests for admission, nos. 26-28. An opposition separate statement was filed only as to the motion to compel further responses to special interrogatories. But that separate statement was filed three times. [See ROA ## 482-84.] If this was an error, counsel may address with the Court at the hearing whether a continuance of the remaining motions is appropriate to enable Plaintiff to...

Excerpt: ...Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9.53.1a.) Plaintiff's two evidentiary objections are overruled. Ben's Asphalt's evidentiary objection nos. 1-9 are all overruled. Defendants Crystal Cay Condominium Association's and Amber Property Management's joinder to the opposition filed by Plaintiff is moot. In any event, it was untimely. “[F]rom commencement to conclusion, the party moving for summ...

Excerpt: ...fer obligation. Butler Decl., ¶ 2a. First cause of action for fraud intentional misrepresentation The essential elements for intentional misrepresentation are (1) a misrepresentation, (2) knowledge of falsity, (3) intent to induce reliance, (4) actual and justifiable reliance, and (5) resulting damage. Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 230-231. Every element of fraud must be pleaded with specificity, which requires the pleading o...

Excerpt: ... causes of action. Except for items 1 and 7 in its first request for judicial notice, the City's requests for judicial notice are granted. As to Nos. 1 and 7, these are orders in the pending action so no request for Judicial notice is required. The Court can consider anything in the file of the action before it. First Cause of Action for Violation of 42 U.S.C. §1983/Equal Protection 14 th Amendment Although Cross-Complainants now identify this c...

Excerpt: ...s, no. 17.1; (iii) Requests for production, nos. 34-45; and (iv) Requests for admission, nos. 26-28. An opposition separate statement was filed only as to the motion to compel further responses to special interrogatories. But that separate statement was filed three times. [See ROA ## 482-84.] If this was an error, counsel may address with the Court at the hearing whether a continuance of the remaining motions is appropriate to enable Plaintiff to...

Excerpt: ... California. The Motion is DENIED. As an initial matter, the Court notes that it appears the moving party filed this motion three times, on 1/22/2019, 10/23/2019 and 10/29/2019. See ROA Nos. 30, 35, and 40. It appears to the Court that all three motions and their proofs of service are identical. See ROA Nos. 30, 31, 35, 36, 40, and 41. Plaintiff filed one opposition and did not raise any issue with the multiple filings. Similarly, Staffing Soluti...

Excerpt: ...Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9.53.1a.) Plaintiff's two evidentiary objections are overruled. Ben's Asphalt's evidentiary objection nos. 1-9 are all overruled. Defendants Crystal Cay Condominium Association's and Amber Property Management's joinder to the opposition filed by Plaintiff is moot. In any event, it was untimely. “[F]rom commencement to conclusion, the party moving for summ...

Excerpt: ...fer obligation. Butler Decl., ¶ 2a. First cause of action for fraud intentional misrepresentation The essential elements for intentional misrepresentation are (1) a misrepresentation, (2) knowledge of falsity, (3) intent to induce reliance, (4) actual and justifiable reliance, and (5) resulting damage. Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 230-231. Every element of fraud must be pleaded with specificity, which requires the pleading o...

Excerpt: ... causes of action. Except for items 1 and 7 in its first request for judicial notice, the City's requests for judicial notice are granted. As to Nos. 1 and 7, these are orders in the pending action so no request for Judicial notice is required. The Court can consider anything in the file of the action before it. First Cause of Action for Violation of 42 U.S.C. §1983/Equal Protection 14 th Amendment Although Cross-Complainants now identify this c...

Excerpt: ...d warranty of merchantability and fraud, respectively. The Court overrules the Demurrer to the third and fourth causes of action. (1) The Demurrer is overruled as to the third cause of action for violation of Song- Beverly Consumer Warranty Act under Civil Code §1793.2(A)(3). Defendant contends Plaintiffs' claim for violation of Civil Code Section 1793.2(a)(3) is subject to demurrer because it is predicated on nothing more than the conclusory al...

Excerpt: ...in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. Code Civ. Proc. § 473(a)(1). The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. Code of Civ. Proc. § 473(a)(1). Additionally, any judge, at a...

Excerpt: ...e is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff i...

Excerpt: ...��) provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement....

Excerpt: ...f material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the positi...

Excerpt: ...the plaintiff comes forward with conflicting expert evidence. (Munro v. Regents of the University of Calif. (1989), 215 Cal. App. 3d 977, 985.) A defendant moving for summary judgment bears an initial burden of producing admissible evidence sufficient to show that the plaintiff's action has no merit; i.e. that, as to each cause of action, one or more elements of the cause of action cannot be established or there is a complete defense. (Code Civ. ...

Excerpt: ...e to mistake under CCP section 473(b). On 11/23/2020, the Court found a waiver of the 45-day cutoff, although jurisdictional, may be subject to relief under Code of Civil Procedure section 473, subdivision (b). Plaintiff contends the 45-day deadline is mandatory and jurisdictional, relying on Sexton v. Superior Court (1997) 58 Cal.App.4th 1403. However, in Sexton, the Court noted that it did not believe “the 45-day limitation is ‘jurisdiction...

Excerpt: ...or to matters outside the pleading that are judicially noticeable under Evidence Code sections 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek v. Cooper (2011) 194 Cal.App.4th 399, 413.) On demurrer, ...

Excerpt: ...ill not constitute a waiver of the taxpayer privilege. The Court finds this to be a reasonable compromise. Tax returns, and the information contained in them, are privileged. Sav-On Drugs, Inc. v. Superior Court (1975) 15 Cal.3d 1, 6-7. The California Supreme Court has made clear that the privilege is not absolute and can be waived. Schnabel v. Superior Court (1993) 5 Cal.4th 704, 721. There are three situations where the privilege does not apply...

Excerpt: ... of Record are jointly and severally ordered to pay Plaintiff a monetary sanction in the amount of $2,100 to Plaintiff. Such sanction shall be paid by delivering a check in the sum of $2,100 to Plaintiff's counsel within 30 days. Each answer in an interrogatory response must be “as complete and straightforward as the information reasonably available to the responding party permits. If an interrogatory cannot be answered completely, it shall be ...

Excerpt: ...anctions; Memorandum of Points and Authorities; Pursuant to 18 U.S. Code s/s 1621 Title 18 and California Penal Code 118 PC.” However, in his Reply Brief, Cross-Complainant clarifies that “Cross-complainant's Original Notice of and Motion for ‘Perjury' should have apply [sic] been named, ‘Motion for Sanctions' against cross-defendants and/or their opposing counsel” Reply, ROA #488, at 7:21-22) and asserts that “Cross-complainant attem...

Excerpt: ...'s August 12, 2019 discovery order (the “Discovery Order”). For the reasons set forth below, the Motion is granted in part and denied in part. Plaintiff's Objections to the Declaration of Kellian Summers are overruled. Pursuant to CCP Section 2023.030, a court may issue terminating, evidentiary, issue, and/or monetary sanctions against a party that has engaged in conduct that is a misuse of the discovery process. Misuse of the discovery proce...

Excerpt: ...F CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 0235, PAGE(S) 42 TO 45 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. The court grants Defendants' Request for Judicial Notice as to the Order granting summary judgment and the Lis Pendens. At any time after a notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected b...