Excerpt: ...egligent misrepresentation only with 15 days leave to amend. The Demurrer is overruled as to the sixth and seventh causes of action, for unfair competition and intentional interference with prospective economic advantage, respectively. Negligent Misrepresentation Defendants do not challenge the elements of this cause of action. Rather, they argue that the claim is not pled with specificity. The Court agrees that the claim is not pled with suffici...

Excerpt: ... the costs of the arbitration. These proceedings are stayed pending completion of the arbitration. An ADR Status Review Hearing is scheduled as set forth below. The Court finds that an arbitration agreement encompassing Plaintiff's claims exists. TriNet was an agent of Defendant and the terms of the agreement expressly include Defendant as Plaintiff's employer. Defendant is thus a party to the agreement and/or a third party beneficiary and may en...

Excerpt: ...fs' request for judicial notice of Exhibits “A” through “C” are granted. Evid. Code §§ 425(c)-(d), 453. The Court declines to take judicial notice of Exhibits “D” through “F,” because it appears they are offered in an attempt to circumvent Rule of Court 8.1115. To state a cause of action for aiding and abetting an intentional tort, a plaintiff must allege actual knowledge that a tort is being or will be committed, that the defen...

Excerpt: ...use of action separately, allege all elements of each cause of action, and ensure that only the proper Defendants are named in each claim. 1. Breach of contract To prevail on a cause of action for breach of contract, the plaintiff must prove (1) the contract, (2) plaintiff's performance of the contract or excuse for nonperformance, (3) defendant's breach, and (4) resulting damage to the plaintiff.” (Richman v. Hartley (2014) 224 Cal.App.4th 118...

Excerpt: ... Dist.(1992) 2 Cal. 4 th 962, 966- 67. Except allegations contradicted by documents that may be judicially noticed are not taken as true. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal. App. 3d 593, 604. In 2017, at the time of Defendant's alleged recording of the notice of trustee's sale in issue, Civ. Code §2923.6(c) provided that a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent shall not record a notice ...

Excerpt: ...nt is ordered to pay Plaintiffs' Counsel $850 in sanctions within 30 days. Code Civ. Proc. § 2025.450(a) provides that when a party deponent is served with a deposition notice and, without having served a valid objection under Code Civ. Proc. § 2025.410, the deponent fails to appear for deposition, the party giving notice may move for an order compelling the deponent's attendance and testimony at deposition. Here, Defendant attempted to unilate...

Excerpt: ...n effect until the earliest of: dismissal of the case; closing of the case; discharge of the debtor is entered; or entry of an order terminating, vacating, or modifying the automatic stay. (11 U.S.C. § 362, subd. (c).) There is no indication that Defendants' counsel has obtained relief with the bankruptcy court from the automatic stay to pursue these motions. Moving counsel must obtain the bankruptcy court's relief from the automatic stay and ap...

Excerpt: ...eeds of the case, the amount in controversy, and the importance of the issues at stake in the litigation. Code Civ. Proc. § 2019.030(a)(2). The Code permits the Court to make these determinations pursuant to a protective order brought by any party or other affected person. Code Civ. Proc. § 2019.030(b). It also empowers the Court to issue whatever order “justice requires” to protect a party or deponent against “unwarranted annoyance, emba...

Excerpt: ... concurrent jurisdiction over the subject matter and all parties involved in litigation, the first to assume jurisdiction has exclusive and continuing jurisdiction over the subject matter and all parties involved until such time as all necessarily related matters have been resolved.” Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 786–787. Although the rule “does not require absolute identity of parties, causes of action...

Excerpt: ...ccessful motion to strike is entitled to mandatory attorney fees”].) But where the “results of the motion were minimal and insignificant,” a trial court is justified in finding the defendant should not recover fees. (Moran v. Endres (2006) 135 Cal.App.4th 952, 955, 37 Cal.Rptr.3d 786; see also Mann v. Quality Old Time Service, Inc. (2006) 139 Cal.App.4th 328 [“a party who partially prevails on an anti-SLAPP motion must generally be consid...

Excerpt: ...RANTS as to Exhs. 1-10 and DENIES as to Exh. 11. Finally, as to those documents for which the Court grants judicial notice, judicial notice will not extend to any hearsay allegations contained therein. General Law In cases where a trustee's deed of sale has not yet been recorded, Civil Code section 2924.12, subdivision (a)(1), authorized a borrower to bring an action for injunctive relieve to enjoin material violations of specifically enumerated ...

Excerpt: ... of trade secrets. Rutter, Empl. Litig. §14:81-81.5, citing Civ. Code §§ 3426–3426.10; Cacique, Inc. v. Robert Reiser & Co., Inc. (9th Cir. 1999) 169 F.3d 619, 624 (applying Calif. law); Accuimage Diagnostics Corp. v. Terarecon, Inc.(ND CA 2003) 260 F. Supp. 2d 941, 953–54 (applying Calif. law). The CUTSA, at §3426.7(b), preempts common law claims that are “based on the same nucleus of facts as the misappropriation of trade secrets clai...

Excerpt: ...ny individual actions that could be considered improper,” and their actions therefore are insulated by Corporations Code Sections 309, 7231 and 5047.5. At the outset, the Court notes that the Members have cited to the wrong Corporations Code sections. Woodbridge Village Association (“WVA”) is an unincorporated association, not a corporation. (Compl. at ¶ 7.) The provisions affecting unincorporated associations, such as WVA, are found under...

Excerpt: ...aintiffs into Caminus Trading, Inc., as represented, and failed to pay the $12,000.00 monthly”. (FAC ¶ 14.) However, Defendant Shin's argument is unclear. While the Statement of Information filed on October 6, 2017, indicates that Plaintiff Byungik David Oh, is the CEO, Secretary, CFO, Director, and agent for service of process for Defendant Caminus Trading, Inc., the Agreement (Ex. A incorporated into the FAC) indicates that Shin was/would be...

Excerpt: ... presumed to be open to the public. (Cal. Rules of Court, rule [“Rule”] 2.550(c).) “A record must not be filed under seal without a court order.” (Rule 2.551(a).) In order to seal records, the court must expressly find facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the o...

Excerpt: ...uired, court records are presumed to be open to the public. (Cal. Rules of Court, rule [“Rule”] 2.550(c).) “A record must not be filed under seal without a court order.” (Rule 2.551(a).) In order to seal records, the court must expressly find facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial proba...

Excerpt: ... were reasonably necessary to the prevailing co-parties' conduct of the litigation. The Court may not simply divide the total costs jointly incurred by all co-parties by the number of prevailing co-parties. Charton v. Harkey (2016) 247 Cal. App. 4 th 730, 743-45. Here, except for his answer filing fee, by his memorandum of costs Defendant Fazli asks the Court to award him one-half of the costs of the jointly incurred defense. It appears he has si...

Excerpt: ...title against mortgagee “without paying the debt secured”; compare Sciarratta v. U.S. Bank Nat'l Ass'n(2016) 247 CA4th 552, 568, (action for quiet title and cancellation of instruments)—tender unnecessary where foreclosure sale void; Fonteno v. Wells Fargo Bank (2014) 228 CA4th 1358, 1360 (quiet title action for equitable cancellation of trustee's deed)—tender unnecessary where trustee's sale void or voidable.] If the foreclosed deed of t...

Excerpt: ...e Civ. Proc. § 426.30(a). A related cause of action “means a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.” Code Civ. Proc. §§ 426.10(c). A liberal construction is given to the application of the compulsory cross-complaint statute. (Align Technology, Inc. v. Bao Tran (2009) 179 Cal. App. 4th 949, 967). “Th...

Excerpt: ...owned, leased, or occupied the property; (2) the defendant was negligent in the use or maintenance of the property; (3) the plaintiff was harmed, and (4) the defendant's negligence was a substantial factor in causing the plaintiff's harm. CACI 1000. The elements of a negligence cause of action are the existence of a legal duty of care, breach of that duty, and proximate cause resulting in injury. McIntyre v. Colonies-Pacific, LLC(2014) 228 Cal.Ap...

Excerpt: ...[“Rule”] 2.550(c).) “A record must not be filed under seal without a court order.” (Rule 2.551(a).) In order to seal records, the court must expressly find facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not seal...

Excerpt: ...pp.4th 793, 809. Specifically, Section 664.6 provides, in pertinent part: “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.” Code Civ. Proc. § 664.6. Section 664.6 provides the court with the authority to interpret settlemen...

Excerpt: ...urt “shall” make this order unless, before the hearing, a proposed response in substantial compliance with CCP section 2033.220 has been served. See St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776 (service of substantially compliant responses prior to the hearing on the “deemed admitted” motion will defeat a propounding party's attempt to have the requests deemed admitted). Plaintiff served Code-complaint responses to the RFA o...

Excerpt: ...ons, Set One, against Defendant Uriel Mora. Defendant adequately responded to the Special Interrogatories at issue. The Requests for Admission at issue call for legal conclusions. The Court denies Plaintiff Eladio Mora's Motion to Compel Further responses to Requests for Admissions, Set One, against Defendant Estella Gonzalez. The Requests for Admission at issue call for legal conclusions. The Court grants in their entirety Plaintiff Eladio Mora'...

Excerpt: ...dants' motion regardless of whether Defendants erred in not including a table of contents with their moving papers; the Court chooses to exercise such discretion here, due to the lack of any apparent prejudice to Plaintiff. 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. 4...