Excerpt: ... (“FAC”). Notice, 2:12-5:3. Pursuant to CCP Section 436, the court may strike out “...any irrelevant, false, or improper matter inserted in any pleading” or any part of a pleading “not drawn or filed in conformity with the laws of this state, a court rule, or an order of the Court.” Attorneys' fees generally are not recoverable unless specifically provided for by statute or subject to an express agreement between the parties. D'Amico ...

Excerpt: ...ded document, and the document's legally operative language, assuming there is no genuine dispute regarding the document's authenticity. From this, the court may deduce and rely upon the legal effect of the recorded document, when that effect is clear from its face. (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal. App. 4th 256, 265.) But as to Exhibit 19, a court cannot take judicial notice of the truth of hearsay allegations just because they...

Excerpt: ... truthfulness of the contents remain subject to dispute. Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1374- 1376. Plaintiff's 23-page opposition violates subdivisions (d) and (g) of Rule 3.1113. Plaintiff did not ask for permission to file an oversized memorandum, nor did he explain why his argument could not be made within the 15-page limit. Thus, the Court exercises its discretion to consider only the first 15 pages....

Excerpt: ...efendant's Exhibit B, The Certificate of Formation of Covenant Medical Center (“CMC”) filed with the Texas Secretary of State on September 19, 2017. However, Defendant has not provided a basis under which the court can judicially notice Covenant Health System's Medical Staff Bylaws on demurrer. The Request for Judicial Notice of the Bylaws is denied. Writ of Mandamus “When a hospital excludes or dismisses a doctor from staff privileges purs...

Excerpt: ...r the UCL is overruled. The demurrers to the fifth through eighth and the tenth causes of action are sustained with 15 days leave to amend. Demurrers for uncertainty are overruled. 9th COA for Unlawful and Unfair Business Practices (B&P Code Section 17200) At the outset, the Court notes that Plaintiff objects to Defendant's memorandum because it violates Rule 3.1113(d) because it is 19 pages long, instead of the maximum 15 pages. CRC 3.1113(d) (�...

Excerpt: ...le and serve a supplemental brief addressing the amount of the reasonable attorney fees it had incurred to obtain the default of the Defendants. Plaintiff did not file any supplemental briefing. Accordingly, there is no proof before the Court of the amount incurred by the Plaintiff to obtain the defaults and the Court deems Plaintiff to have declined to pursue such an award. Accordingly, the Court now rules as follows: The motions of Defendants T...

Excerpt: ...Roldan v. Callahan & Blain (2013) 219 Cal.App.4th 87, in which our Court of Appeals created a procedure to excuse an indigent party from arbitration fees. In Roldan, the Court of Appeals remanded with direction to the trial court to make a determination concerning the plaintiff's ability to pay for arbitration. (Id. at 96.) The Court of Appeals instructed: “If the court determines that any plaintiff is unable to do so, it must issue an order sp...

Excerpt: ... fair and reasonable.” Id. at 2:4-6. Plaintiff's motion asserts (1) the award of damages was inadequate under CCP Section 657(5); (2) the evidence was insufficient to justify the verdict under CCP Section 657(6); and (3) the verdict is contrary to law under CCP Section 657(6). Plaintiff correctly points out that the jury found that (1) both Plaintiff Robert Snell (“Snell” or “Plaintiff”) and Defendant Lance L. Quinn (“Defendant” or�...

Excerpt: ...GRANTED. In reaching its decision, the Court applies the law of Utah with respect to the issue of successor liability in Plaintiffs' second cause of action. The laws of Utah and Delaware do not substantively differ from each other as to this particular issue, and therefore if the Court elected to apply the law of Delaware, the outcome would be the same. As both Utah and California have an interest in having their law applied, the question under t...

Excerpt: ...llegedly breached a Title insurance policy by failing to indemnify her when her neighbor “demolished the existing boundary wall and constructed a new fence 4 feet closer to [Plaintiff's] Property, thereby causing [Plaintiff] loss by depriving her of valuable property.” (FAC at ¶ 12.) Plaintiff submitted a claim to Defendant in September 2017, but Defendant “summarily denied the claim.” Plaintiff resubmitted the claim after she “was for...

Excerpt: ... procedural history of this case. The opposition addresses causes of action that have been dismissed, repeats legal theories the Court has already found unmeritorious, and fails to mention the one new allegation that is at the center of this Demurrer regarding materiality. 1. RJN The Court grants Defendant's Request to judicially notice the Order from the Bankruptcy Court granting Wells Fargo relief from the stay in order to proceed with the fore...

Excerpt: ...of action for “negligent supervision of passengers” and “negligence-respondeat superior” are vulnerable to demurrer because they are not “cognizable cause[s] of action under California law” and are “merely duplicative of the first cause of action for negligence.” (Dem. at 3-5.) The Court agrees that the purported claim for “negligent supervision of passengers” is not a valid cause of action or an alternate theory of recovery; ...

Excerpt: ...n of an arbitration between McNaughton, Copenbarger and NHOM. One of the issues that was being litigated, and was to be decided, in the arbitration was the respective ownership interests in NHOM, as between Copenbarger, McNaughton and West Coast. The arbitration has now been terminated by the AAA, however, because NHOM has taken the position that it no longer can afford to pay the fees/costs associated with the arbitration and, at least as things...

Excerpt: ...sitive to the Court's ruling. The Court finds that Defendants have met the requirements for relief under CCP section 473(b). Defendants timely moved for relief and demonstrated their default was taken as the result of “mistake.” Code Civ. Proc. § 473(b). Defendants mistakenly believed that their responsive pleadings were not due until 8/19/19. Defendants attempted to file their answers on 8/16/19, but their filings were rejected because thei...

Excerpt: ...y favoring equitable sharing of costs among tortfeasors. To accomplish this, the settlement must be within the “reasonable range” (i.e., within the “ballpark”) of the settling tortfeasor's share of liability for the plaintiff's injuries. (Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, 499.) The factors to determine good faith, include: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionat...

Excerpt: ...al elements of a claim for fraud are “(a) a misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.” In re Estate of Young (2008) 160 Cal. App. 4th 62, 79 (citations omitted]. To plead a fraudulent concealment claim, the plaintiff must allege: (1) the defendant concealed a material f...

Excerpt: ...to Plaintiff Hipolito Lopez's Complaint are overruled. All Defendants shall file and serve their Answers to the Complaint within 20 days. Doe Defendants' request that the court take judicial notice of Plaintiff's DFEH complaint (found at Calderaro Decl., Ex. 2) is granted. On its own motion and subject to this notice to the parties, the Court takes judicial notice of Plaintiff's amendment of his DFEH complaint (found at Calderaro Decl., Ex. 11.] ...

Excerpt: ... connection with the project located at 600 S. Jupitar Road Allen, TX 75002.” (Compl. at ¶ 8, Exh. A.) The agreement provides, among other terms, for a monthly payment by Defendant of $970 “for a period of sixty (60) Months from the date the above described work is completed.” (Agmt. at 1, § 2.) The agreement also contains a provision re: the “ownership of system,” below, including that the “entire System” remains the “sole prop...

Excerpt: ...dure are limited by the statutes, and these statutes are strictly construed. (Nakasone v. Randall (1982) 129 Cal.App.3d 757, 761.) Here, Plaintiff acknowledges issues with her Notice and Application and attempts to correct some of them, while simultaneously arguing that a substantive opposition on the merits waives other defects. Plaintiff also improperly adds significant new facts on Reply. Although Plaintiff “invites” Defendant to file a Su...

Excerpt: ...ent to show Plaintiff's job description, salary history, pay rate, wage, salary, bonuses and time off. Even highly relevant, non-privileged information may be shielded from discovery if its disclosure would impair a person's “inalienable right of privacy” provided by Calif. Const. Art. 1, § 1. Rutter, CPBT, §8:293, citing inter alia, Britt v. Sup.Ct. (1978) 20 Cal. 3d 844, 855–56, & Pioneer Electronics (USA), Inc. v. Superior Court (2007)...

Excerpt: ...back injuries and later trauma to her kidneys. (SSUF 1) By written Contingent Fee Contract dated April 18, 2013, Cronstedt retained Jones to represent her in prosecuting civil claims arising out of the balloon accident. (SSUF 6.) On January 14, 2014, Jones filed a Complaint on behalf of Cronstedt in the matter styled Sara N. Cronstedt v. City of Irvine, et al. Orange County Superior Court Case No. 30-2014-00698341-CU-PO-CJC (the “underlying lit...

Excerpt: ...ive Order. Plaintiff showed he complied with CRC Rule 2.551(b)(3)(iii). Gordon Decl., ¶¶ 3, 4, 8, and 10. Both the redacted and unredacted versions of the motion were served on all parties. No party has filed a motion to seal. Accordingly, Plaintiff's unredacted motion shall be placed in the public file. By presenting a pleading to the court, an attorney or unrepresented party is certifying that, to the best of the person's knowledge, informati...

Excerpt: ...rally so as not to deprive a party of the right to assert a meritorious cause of action or defense. The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “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 c...

Excerpt: ...ractice. None of them is adequately pled. Intentional Misrepresentation “A complaint for fraud must allege the following elements: (1) a knowingly false representation by the defendant; (2) an intent to deceive or induce reliance; (3) justifiable reliance by the plaintiff; and (4) resulting damages.” (Service by Medallion, Inc. v. Clorox Co. (1996) 44 Cal.App.4th 1807, 1816; CACI 1900.) Fraud must be pled with specificity. (Philipson & Simon ...

Excerpt: ...nt in 2013 and was denied. He filed another petition for reinstatement on 4/6/17. The Commissioner of the California Department of Business Oversight (Respondent) denied the Petition on 10/8/18, finding that the Supplemental Declaration Petitioner submitted in support of his petition had false or misleading statements of facts, and that Petitioner's employment history since the Order Barring failed to demonstrate his claimed rehabilitation and co...