Excerpt: ...en guilty of oppression, fraud, or malice. “Malice” means conduct that is intended to cause injury or despicable conduct that is carried on with a willful and conscious disregard of the right and safety of others. (Civ. Code § 3294(c)(1).) In the SAC, Plaintiff adds several paragraphs including specific factual allegations which could support a finding of “despicable conduct that is carried on with a willful and conscious disregard of the ...

Excerpt: ...ks summary judgment in its favor on ARI's First Amended Cross-Complaint, or in the alternative, summary adjudication as to the four causes of action therein. “A party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” Code Civ. Proc., § 437c(a)(1). “A cause of action has no merit if either of the following exists: (1) One or mor...

Excerpt: ...onsider the late filed opposition. Sanctions are awarded against Plaintiff in the sum of $1,500. (2) Defendants' motion for order compelling Plaintiff to appear for an independent neurological examination by Barry Ludwig, M.D. on 12/17/19 at 1:00 p.m. in Santa Monica is granted. The exam may include only the specific diagnostic tests and procedures set forth in the Notice of Motion. The exam may not be videotaped or audiotaped. Defendants are to ...

Excerpt: ...overrules the Demurrer as to Plaintiff Jae Ho Kim (Ho). MEPC has 30 days leave to amend. The Court notes that it does not consider “supplemental” briefing that are submitted without leave of court. Thus, the Court has not considered Plaintiff's Supplemental Authority re Standing Issue in Opposition to Defendant's Demurrer to the First Amended Complaint. Notice of Errata The Court rejects the “Notice of Errata” directed to the First Amende...

Excerpt: ...to the sale of merchandise that was defective without indicating that the merchandise was defective. [FAC ¶ 20.] Plaintiff's allegations of the advertisement and his injury are without any facts specific to this action. [FAC ¶¶ 20-23.] Business and Professions code Section 17531 provides: “It is unlawful for any person, firm, or corporation ... to advertise, call attention to or give publicity to the sale of any merchandise, which merchandis...

Excerpt: ...i v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 486-487. While there does appear to be some delay by Plaintiff in conceiving of the theories of liability he now seeks to impose against the opposing party, Lowe's Home Centers, LLC (“Lowe's”), Lowe's would not suffer any “probable prejudice” if it is provided with adequate time to challenge the pleadings and conduct discovery on Plaintiff's proposed causes of action. Thus, Lowe's appear...

Excerpt: ..., 8.7, 8.8, 10.1, 10.2, 10.3, 12.1, 12.2, 12.3, and 12.4 within 20 days of this ruling. Cross-Defendants' request for judicial notice is DENIED based on relevancy. In this instance, the other ruling has no precedential value. Each answer to an interrogatory 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 answered to t...

Excerpt: ...bout the previous order by the Hon. Ronald L. Bauer. Code Civ. Proc. § 1008(b). Further, the supporting declarations by Defendants' attorneys show that default was entered as a result of their neglect, mistake or surprise. Plaintiff's counsel apparently informed Defendants' counsel that Defendants had been served, but defense counsel was not aware of, or did not receive, this email; and, as a result, failed to file answers on behalf of Defendant...

Excerpt: ... granted. The Case Management Conference is continued to May 6 2019 at 9:00 a.m. First Cause of Action for Violation of Comm. Code §3301 and B&P Code § 17200 B&P § 17200 et seq. (“UCL”) prohibits unfair competition, including unlawful, unfair or fraudulent business acts. Cel-Tech Comm., Inc. v. Los Angeles Cellular Tele. Co. (1999) 20 Cal. 4 th 163, 180. A UCL action is equitable in nature and damages cannot be recovered. Id. at 179-80. It...

Excerpt: ...thin 15 days. The three causes of action that are at issue on the Demurrer are Shin's claims for (1) intentional misrepresentation, (2) concealment, and (3) promise without intent to perform, i.e., promissory fraud. Cross- Defendants demur to all three causes of action on the ground that the fail to state a claim and are, in any event, uncertain. The remaining claim in the SAXC, for breach of contract, is not the subject of the demurrer. All thre...

Excerpt: ...t first addresses the arguments that apply to multiple causes of action and then addresses the demurrers to individual causes of action. Defendants demur to all causes of action on the ground Plaintiff Economy Auto Body and Auto Sales, Inc.'s corporate status is suspended. This demurrer is overruled. The corporation is now in good standing. (02/22/2019 RJN of Auto Body's Certificate of Revivor.) Defendants also demur on the ground that Plaintiffs...

Excerpt: ..., the Court declines to consider the reply papers. Plaintiff contends the petition is defective on procedural grounds. Relying on CCP section 1290.4, Plaintiff contends the petition was not properly served because it was served on her by mail and Panopio is not a party. CCP Section 1290.4(a) provides that a copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based ...

Excerpt: ...fendant attached the worksheet to its summary. In the worksheet, Defendant itemizes the dates and amounts of jury fees incurred, the deponents and the transcribing amounts for each, and the dates and amounts for court reporter fees. The prevailing party in any civil action is entitled to recover costs as a matter of right. Code Civ. Proc. §1032. To claim its costs, the prevailing party must file and serve a memorandum of costs within 15 days fro...

Excerpt: ...s based on a forum selection clause in the promissory note at issue that identifies New York as the proper jurisdiction. California (and federal) courts presume the validity of forum-selection clauses. A party seeking to defeat such a clause bears the burden of proving that its enforcement would be unfair or unreasonable under the circumstances of the case. (See Miller-Leigh LLC v. Henson (2007) 152 Cal.App.4 th, 1143 1149; Richtek USA, Inc. v. u...

Excerpt: ...d cause of action, it shall be prepared to discuss at the hearing what specific new facts it can allege to cure the defects in this cause of action. Defendant's request for judicial notice is granted as to the existence of the complaint in another action. Evid. Code § 452(d). Judicial notice is not necessary for the Court's own minute order. First Cause of Action for Violation of Civ. Code § 2923.55 Civil Code Section 2923.55 primarily requires...

Excerpt: ...ming that it has been appointed as a Referee pursuant to CCP section 638. This is not an appropriate subject for judicial notice. Defendants raise two grounds for their Motions: (1) collateral estoppel and (2) quasi-judicial immunity. The Court finds that collateral estoppel does not bar this action. Defendants have not shown an identical issue was litigated in the Carter v. Carter, 2015-00796360 (“the 2015 Action”). Accordingly, the demurrer...

Excerpt: ...iff failed to allege whether the contract was oral, written or implied by conduct. Code Civ. Proc. § 430.10(g). Second, the claims for breach of contract and common count appear on the face of the Complaint to be time-barred. The Complaint alleges that the breach occurred between 10/8/12 to 3/15/13. The Complaint was not filed until 11/21/18, more than 5-1/2 years after the latest alleged date of breach. Thus, even under the four-year statute of...

Excerpt: ...ch 31, 1997), and Bill's Sweeping Service, LLC. The Court strikes the November 5, 2018 entry of default. Defendant shall file his Answer and Cross-Complaint (which were previously rejected for filing by the clerk's office) within ten days. The Court denies the requested sanctions. Plaintiffs filed their Complaint in this case on 12/14/17. The Court sustained Defendant's Demurrer as to the entire Complaint and granted leave to amend. Plaintiffs fi...

Excerpt: ...a Bolt's ex parte application is denied. OSC is moot. A plaintiff generally has an unfettered right under CCP § 581 to dismiss a cause of action before the commencement of trial. Panakosta Partners, LP v Hammer Lane Mgmt., LLC (2011) 199 CA4th 612, 632–633 (“a substantial and fairly complex body of case law has grown up involving when—and when not—a plaintiff's statutory right to dismiss … is cut off by the presence of some impending �...

Excerpt: ...egations included in Plaintiff's SAC do not sufficiently address the issues raised in the Court's 7/19/2018 and 10/30/2018 rulings sustaining District's demurrers with leave to amend. The Court denies Plaintiff's request for judicial notice. The Board Policy that is the subject of the request is not an appropriate subject of judicial notice. Civil Code section 51.9 provides, in pertinent part: (a) A person is liable in a cause of action for sexua...

Excerpt: ... the first cause of action in moot in light of the ruling on the demurrer. The Court notes, however, that moving defendant Ocean Hills Recovery, Inc. is not named in the fourth cause of action. It appears to be asserted only against Doe I. Request for Judicial Notice (RJN) The Court denies Plaintiff's Request for Judicial notice on two grounds. First, the document for which judicial notice is sought are irrelevant, as they relate to different fac...

Excerpt: ...sustained with 15 days leave to amend as to the third and fourth causes of action. Defendants' motion to strike is granted in part and is denied in part. The motion to strike is granted as to the prayer on the first cause of action, item 2, and the prayer on the second cause of action, items 2 and 3. It is otherwise denied as moot. Demurrer A demurrer can be used only to challenge defects that appear within the “four corners” of the pleading....

Excerpt: ...hich of the hours expended by the attorneys were “reasonably spent” on the litigation. (Meister v. Regents of University of California (1998) 67 Cal.App.4th 437, 449.) Additionally, a trial court has broad discretion to determine the amount of reasonable attorney's fees, as an experienced trial judge is in the best position to decide [the] value of professional services rendered in court. (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1...

Excerpt: ...upport the position of the party in question.” (Id. at 851.) A defendant seeking summary judgment meets the burden of showing that a cause of action has no merit by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc. § 437c(p)(2); Villacres v. ABM Industries, Inc.(2010) 189 Cal. App. 4 th 562, 575.) The scope of this burden is determined by...

Excerpt: ...her proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” Code Civ. Proc., § 473(...