Excerpt: ...rone, Conservator of the Estate. Responding Party Cross- Complainants Julie Sebestyen and Just Call Julie Super Service, Inc. Ruling Motion 1: Cross-Defendants' Demurrer to the Second Amended Cross- Complaint is OVERRULED. (Code Civ. Proc., § 430.10(e).) Third Cause of Action (Unlawful Business Practices Against Individual Cicerone). The demurrer to the third cause of action is overruled. Business & Professions Code Section 17200 prohibits “an...

Excerpt: ...ntiff alleged that the City retaliated against him for making “oral or written complaint to the division, other governmental agencies having statutory responsibility for or assisting the division with reference to employee safety or health, his or her employer, or his or her representative.” The cause of action merely alleged that City officials' negative comments created a “hostile work environment.” In a supermarket, a resident allegedl...

Excerpt: ...d to be open.” CRC Rule 2.550 (d) provides that “The court may order that a record be filed under seal only if it expressly finds 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 sealed; (4) The proposed sealing i...

Excerpt: ...h defendants from this action and dismissing the entire action with prejudice on the basis that Plaintiff's claims are barred by collateral estoppel / res judicata. Defendants should have raised their collateral estoppel argument in a demurrer, but the Court has discretion to treat this as a motion for judgment on the pleadings. (Pierson v. Sharp Memorial Hosp., Inc. (1989) 216 Cal.App.3d 340, 342-343.) Collateral estoppel applies to preclude rel...

Excerpt: ...opounded to plaintiff Lewis Garcia, by and through his guardian, Enrique Garcia regarding the lawsuit of Jacquelyn Negrete; Lewis Garcia by and through G.A.L., Enrique Garcia, Plaintiff, vs. Granny's Attic, Inc., Granny's Attic, Inc. dba the Old Town Antique Faire and Does 1 to 10, Defendants, Case No. MCC1600109, filed in the Riverside County Superior Court, State of California (the “Granny's Attic Litigation”); (2) deposition transcripts re...

Excerpt: ...sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed facts.” Collectors Universe did not specifically identify the issues in the notice of motion and did not state the summary adjudication issues verbatim in t...

Excerpt: ...ode of Civil Procedure Section 1987.1 provides that the court, upon noticed motion, may make an order compelling compliance with a deposition subpoena. Section 2025.450(a) further provides that if a party witness fails to produce documents, the noticing party may move for an order compelling the production of any document described in the deposition notice. This motion is not moot because YouTube has not fully complied with its obligations under ...

Excerpt: ...17.020.) The court exercises its discretion to consider the motion to quash despite Defendant's failure to provide a separate statement setting forth the particular documents or demands at issue and the factual and legal reasons why production should be compelled. (Cal. R. Ct., rule 3.1345(a)(5).) Upon a motion reasonably made by a party, the court may quash, modify or direct compliance with a subpoena for production of documents. (Code Civ. Proc...

Excerpt: ... 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. . . .” (Ibid.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at p. 851.) “A court identifies the ...

Excerpt: ...intiffs to file Opposition to the Motion or before March 4, 2019. Defendant may file its Reply and other documents pursuant to Code. While Plaintiffs' counsel associated an additional attorney to represent the client, the Association of Counsel was not filed with the court. When associated counsel attempted to file Opposition to this Summary Judgment Motion, the papers were rejected. Although Plaintiff counsel had a clerical error, this court sho...

Excerpt: ...w evidence in their Reply. “The general rule of motion practice … is that new evidence is not permitted with reply papers.” (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537; San Diego Watercrafts, Inc. v. Wells Fargo Bank, N.A. (2002) 102 Cal.App.4th 308, 312, as modified (Oct. 9, 2002) (“Assignee contends the trial court erred when it considered the supplemental declaration which landlord submitted with its reply papers. We agree.”)....

Excerpt: ...upervisor, attacked him on several occasions. Steven Estrella threatened him for taking time off. In addition, Plaintiff asserted that his Supervisor was upset that Plaintiff complained about Eric Estrella, Steven's son, videotaping with his cell phone. Separate Statement: CRC Rule 3.1350 (b) requires that “If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action...

Excerpt: ...eigh any opposition by the existing parties. (Code Civ. Proc., § 387(a); Truck Ins. Exch. v. Superior Court (1997) 60 Cal.App.4th 342, 346.) Permissive intervention will not be allowed when it would retard the principal suit, or require a reopening of the case for further evidence, or delay the trial of the action, or change the position of the original parties. (City of Malibu v. California Coastal Comm'n (2005) 128 Cal. App. 4th 897, 906.) The...

Excerpt: ...s uncertain, because ambiguities can be clarified under modern discovery procedures.” Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616. The Second Amended Complaint is sufficiently certain for Defendant to answer the Complaint. Undertaking Creates a Duty: “The foundational requirement for liability under a negligent undertaking theory is the undertaking of a task that the defendant allegedly performed negligently. . . . The...

Excerpt: ...ial Services NA, LLC. Responding Party Defendant First Class Aviation, Inc. Ruling Motion 2: Plaintiff's unopposed application for writ of possession is GRANTED. Plaintiff has sufficiently shown that it is entitled to possession of the subject 2016 Land Rover Range Rover motor vehicle, serial number SALGS2EF1GA293504 (“Vehicle”); Defendants Mahmod Maggy Mouefi aka Mahmod M. Mouefi aka Mahmod Mouefi or First Class Aviation, Inc. are wrongfully...

Excerpt: ...5.6 only applies to subpoenas. Pursuant to Code Civ. Proc., § 2031.310 (h), Plaintiff's request for sanctions is denied, because the circumstances make the imposition of sanctions unjust. Privacy: “'[C]ourts must balance the right of civil litigants to discover relevant facts against the privacy interests of persons subject to discovery.'. . . ‘In determining whether disclosure is required, the court must indulge in a ‘careful balancing' o...

Excerpt: ...eply. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537.) However, the court observes that nothing in the supplemental exhibits would cause the court to reach a different conclusion as to the merits of this matter. First, Second, and Third Causes of Action Generally, there is a presumption that employment is at will. Lab. Code §2922 (“An employment, having no specified term, may be terminated at the will of either party on notice to the other...

Excerpt: .... Defendants' Motion for Summary Adjudication is DENIED as to Issues Nos. 1 to 9. Issue No. 1: The First through Fifth Causes of Action have no merit because SCE was not injured in its dealings with the Sharifi Entities and Plaintiffs ratified or are estopped from complaining about distributions to Sharifi or his interests. Analysis: Bob failed to meet the burden to show SCE was no damaged. Ali disputed the accuracy of the Quickbooks accounting. ...

Excerpt: ...apers do not comply with California Rule of Court 3.1350(b), the court must treat the motion solely as a motion for summary judgment. Under Code of Civil Procedure Section 437c(c), a summary judgment motion shall be granted if all the papers submitted show there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law. A plaintiff meets its burden on summary judgment by showing plaintiff has prov...

Excerpt: ...f Civil Procedure section 1281.2 must plead and prove (1) the existence of a written arbitration agreement and (2) that the other party has refused to arbitrate. (Code Civ. Proc., § 1281.2; Mansouri v. Superior Court (2010) 181 Cal.App.4th 633, 640-641.) Plaintiff contends that Defendants have failed to meet their burden of establishing the existence of an arbitration agreement between the parties. Plaintiff argues that Defendants have only atta...

Excerpt: ...failure to incorporate sufficient facts in the pleading, but is directed at the uncertainty existing in the allegations actually made. (People v. Lim(1941) 18 Cal. 2d 872, 883.) “A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal. App. 4 th 612, 616.) Further, uncerta...

Excerpt: ...cial notice is granted as to Exhibits 1-10. (Evid. Code § 452(h)), though it is unnecessary to ask the court to take judicial notice of materials previously filed in this case. First Cause of Action (Predatory Lending Violations). The demurrer to the first cause of action for predatory lending violations is sustained with leave to amend. The SAC does not allege facts to show the loan at issue to be a “covered loan” pursuant to Financial Code...

Excerpt: ...emurrer to the Third Cause of Action is OVERRULED. (Code Civ. Proc., § 430.10(e).) The elements of a cause of action for financial elder abuse are: (i) Defendant took or retained plaintiff's property; (ii) Plaintiff was 65 years or older at the time of the conduct; (iii) Defendant took or retained Plaintiff's property for a wrongful use, with the intent to defraud, or by undue influence; (iv) Plaintiff was harmed; and (v) Defendant's conduct was...

Excerpt: ...urrer to the sixteenth and seventeenth causes of action is SUSTAINED for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10(e).) Plaintiff shall file and serve an amended complaint within 15 days of service of the notice of ruling. Government Claims Act – Notice Requirements “The Government Claims Act (§ 810 et seq.) establishes certain conditions precedent to the filing of a lawsuit against a publ...

Excerpt: ... (Code Civ. Proc., §§ 2030.300; 2031.310.) Plaintiff asserted essentially the same objections in response to each of the Requests for Production (“RFP”) at issue: (1) the RFPs are overbroad, unintelligible, vague and ambiguous, and burdensome, (2) the RFPs invade Plaintiff's right to privacy, and (3) the RFPs are not relevant to the subject matter of this action. (Kolar Dec., Ex. B.) The RFPs at issue are not vague or ambiguous, and Plainti...