Excerpt: ... success—e.g., where the party won on some causes of action but lost on others. Partial success, however, reduces the awardable fees and costs; and the party seeking attorney fees bears the burden of demonstrating to the court the time and costs expended on the claims on which it prevailed. (See ComputerXpress, Inc. v. Jackson (2001) 93 Cal.App.4th 993, 1016-1020); Bowman v. City of Berkeley (2005) 131 Cal.App.4th 173, 177-178). Plaintiff's Fir...

Excerpt: ... Distress,” and Sixth Cause of Action for “Negligent Infliction of Emotional Distress.” Request for Judicial Notice: The Court takes judicial notice of the following documents pursuant to Evidence Code §§ 452(d),(g) and (h), and 453: (1) Plaintiff's DFEH Complaint of Employment Discrimination dated November 3, 2015 (Defendant's RJN, Exhibit “1”); (2) Plaintiff's DFEH Notice of Case Closure and Right to Sue dated November 14, 2016 (Def...

Excerpt: ...lied with the applicable standard of care in the medical professional at all times; or 2. The medical care and treatment rendered by Dr. Hamamji to patient Ms. Campbell did not cause or contribute to Ms. Campbell's contended injuries. Plaintiff's Complaint alleges a single cause of action for professional negligence against Defendant. The elements of a medical negligence cause of action are: (1) duty of professional to use such skill, prudence, a...

Excerpt: ...aat”), Farzin Hassanzadeh (“Hassanzadeh”), Banoo Taat (“Banoo Taat”), and MNTS, Inc. (“MNTS”) (collectively “Plaintiffs”) was made in good faith within the meaning of Code of Civil Procedure sections 877 and 877.6, and an order barring any claims against Settling Defendants by any other joint tortfeasor or co-obligor in this action, or in related case No. 30-2018-00972408-CU-CO-CJC, for equitable comparative contribution, partia...

Excerpt: ...ginal complaint and demurrer thereto (Id¶3), these meet and confer efforts are insufficient as to the demurrer to the First Amended Complaint under the code. The Court admonishes the parties that failure to meet and confer and failure to comply with the code only delays the proceedings and/or results dooms their motion. The parties are advised in the future to meaningfully meet and confer when required to do so. In any event, because the opposit...

Excerpt: ...e Court should vacate 2/6/20 Order striking defendants' answer and subsequent entry of default under the discretionary provision of Code of Civil Procedure section 473(b) based on mistake and excusable neglect as Defendants were not notified of the scheduled time or department for the Mandatory Settlement Conference, were not told they needed to attend, and were not notified by their former counsel, Jennifer Bradford (“attorney Bradford”) tha...

Excerpt: ...an employment with Seaman in 2006 and executed an employment agreement on or about October 30, 2006. (Complaint, ¶¶ 8-9). In particular, it is alleged that the employment agreement contained a choice of law clause specifying that Ohio law governed the Agreement and that Flaherty consented to submit to the personal jurisdiction of the federal and state courts of Ohio for the sole and limited purpose of administering and enforcing the agreement. ...

Excerpt: ...ndants and one that deals with claims against Defendant SCMM only. In contrast, the Separate Statement filed in support of the Motion identifies “nine” specific issues identified by “Issue No.” which address only the 1st through 9th causes of action. The Separate Statement complies with California Rules of Court, Rule 3.1350(d)(1)(A) which states: “Separate Statement of Undisputed Material Facts in support of a motion must separately id...

Excerpt: ...3(b) “shall be accompanied by a copy of the answer or other pleading proposed to be filed therein.” (CCP § 473(b).) Here, Defendant submitted a copy of the pleading proposed to be filed. Mistake, inadvertence, surprise or excusable neglect Under CCP § 473(b), a defendant may seek discretionary relief from the court “upon such terms as may be just ... from a judgment, dismissal, order or other proceeding taken against him or her through hi...

Excerpt: ...NTS Defendants' request to judicially notice Exhibits A and B attached to the Requests for Judicial Notice, pursuant to Evidence Code section 452(d). Plaintiff filed a Request for Judicial Notice in support of its Opposition to Defendants' Motion to Dismiss, requesting that the Court judicially notice Defendants' “Notice of Ruling Re Defendants' Demurrer and Motion to Strike as to Plaintiff's First Amended Complaint.” The Court GRANTS plainti...

Excerpt: ...ts contained therein. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564; Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) The Court OVERRULES Rutan's Objections to the Declaration of Jared Walder. The Court declines to rule on other objections that are not material to the disposition of the motion. (Code Civ. Proc. § 437c(q).) Defendants contend that the action is barred by the four-year statute of limitations set fo...

Excerpt: ...bdivision (A)(3) of Civil Code§ 1793.2, Defendant Hyundai Motor America argues that these violations are not separately-actionable claims and there are no damages available for alleged violations of these provisions. However, Plaintiff argues Civil Code§ 1794(a) specifically states: “Any buyer of consumer goods who is damaged by a failure to comply with any obligation under this chapter or under an implied or express warranty or service contr...

Excerpt: ...20 hearing date in the Court's registry of actions. Moving Party failed to give notice of the current motion. Thus, it is unknown whether Defendant/Cross-Complainant ATV, Inc. had notice of this hearing. On the other hand, Cross-Defendant filed a notice of non-opposition on August 20, 2020 and Cross-Complainant was served with that pleading, so it does appear that Cross- Complainant is at least now aware of the hearing. The crux of the motion is ...

Excerpt: ...ease describe the nature and extent of YOUR job duties at the time of the INCIDENT.) Plaintiff JOSHUA responded as follows: “Objection. The request seeks information that is not reasonably calculated to lead to the discovery of admissible evidence and is unintelligible as it pertains to this Responding Party. The request also seeks privileged medical information, and the Responding Party has not put his medical condition at issue in this case. ...

Excerpt: ...of improper claims of the attorney-client and work product privilege. C.C.P. section 2031.310 states, in pertinent part, as follows: “(a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representatio...

Excerpt: ...s, David Ellis (“Ellis”) and Michael Powers (“Powers”) filed individual oppositions to the motion. As a threshold matter, the Court notes that plaintiff filed his original motion on 6/23/20, and then filed an “updated and corrected” motion, as well as a Notice of Errata on 7/6/20, explaining that the “updated and corrected” papers were filed to correct a citation to an exhibit, and that the Court should review the 7/6/20 filing. P...

Excerpt: ...Brokers Failure to Inspect and Disclose, Civil Code §§ 2079, et seq.: Brokers and salespersons subject to Civil Code § 2079 have a two-pronged duty: first, to conduct a “reasonably competent and diligent visual inspection of the property”; and second, to “disclose to … prospective buyer[s] all facts materially affecting the value or desirability of the property that an investigation would reveal.” (Civil Code § 2079(a); Ryan v. Real...

Excerpt: ...non-responsive, and that the objections are without merit. Khalili contends that the motion is moot as Amended Responses were served prior to him being served with the instant motion, that Steed failed to sufficiently meet and confer prior to bringing the motion, and that sanctions are not warranted. Code of Civil Procedure §2030.300(a) provides that a party propounding discovery may move for an order compelling a further response if an answer t...

Excerpt: ...ing causes of action for wrongful death pursuant to Code Civ. Proc. §377.60 et seq.; wrongful death pursuant to Code Civ. Proc. §377.30 et seq.; and assault and battery. Defendants City of Los Alamitos, Los Alamitos Police Department and Chief of Police Eric R. Nunez (“Nunez”) (collectively “Moving Defendants”) move for an order sustaining their demurrer without leave to amend as to the First Amended Complaint (“FAC”) filed by Plain...

Excerpt: ...egal action or proceeding in the United States District Court for the District of Utah or in any court of the state of Utah sitting in Salt Lake City.” “ ‘In California, the procedure for enforcing a forum selection clause is a motion to stay or dismiss for forum non conveniens ... , but a motion based on a forum selection clause is a special type of forum non conveniens motion. The factors that apply generally to a forum non conveniens mot...

Excerpt: ...ract on the ground it is insufficiently pled because it fails to plead require ultimate facts. Specifically, Defendants contend that paragraph 48 fails to allege the “obligations that are excused by Defendants [sic] conduct”; paragraph 49 fails to allege “when, where, how, and to whom specifically Defendants disclosed” the confidential information, fails to allege what actual information was improperly disclosed, and paragraphs 49 and 50 ...

Excerpt: ...l. “Following entry of a dismissal of an action by a plaintiff under Code of Civil Procedure section 581, a “trial court is without jurisdiction to act further in the action [citations] except for the limited purpose of awarding costs and statutory attorney's fees. [Citations.]” (Harris v. Billings (1993) 16 Cal.App.4th 1396, 1405. In Harris, the Court held the “trial court in this case had no jurisdiction to vacate the dismissal without ...

Excerpt: ... (2015) 237 Cal.App.4th 651, 657, 188 Cal.Rptr.3d 113.) “[T]he phrase ‘ “involving commerce” ' in the FAA is the functional equivalent of the term ‘ “affecting commerce,” ' which is a term of art that ordinarily signals the broadest permissible exercise of Congress's commerce clause power.” (Shepard v. Edward Mackay Enterprises, Inc. (2007) 148 Cal.App.4th 1092, 1097, 56 Cal.Rptr.3d 326 (Shepard), citing Citizens Bank v. Alafabco,...

Excerpt: ...97) 16 Cal.4th 953, 967.) Although the Constitution does not require that civil actions be stayed until the conclusion of the related criminal proceedings, courts retain the power to stay those proceedings under their general authority to issue stays and other similar relief when necessary to ensure the fairness of proceedings pending before them. (Landis v. North American Co. (1936) 299 U.S. 248, 254–55.) A court has discretion to stay civil p...

Excerpt: ...o judgment on each of the 1st, 2nd, and 3rd causes of action under the doctrine established by Privette v. Super. Ct. (1993) 5 Cal.4th 689 and its progeny. The Privette doctrine bars an employee of an independent contractor from recovering against the independent contractor's hirer for work-related injuries. (Sheeler v. Greystone Homes, Inc. (2003) 113 Cal.App.4th 908, 913.) “[I]t would be unfair to impose liability on the hiring person when th...