Excerpt: ... state these causes of action. The FAC adequately alleges Green Flags' valid contracts with the Irvine Company. (See Quelimane Co. v. Stewart Title Guaranty co. (1998) 19 cal.4th 26, 55 [elements]; see also FAC 12, 18, 20, 33-34.) Any "ambiguities can be clarified under modern discovery procedures." (Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135; accord Ludgate Ins. Co. v. Lockheed Martn Corp. (2(M) 82 Cal.A...

Excerpt: ... Los Angeles (2015) 61 Cal.4th 1099, 1105 [elements]; see also FAC, 10-14, 22, 23 [excessive tree root growth causing dangerous condition of public property], 15, 16, 26 [dangerous condition caused by negligent or wrongful act or omission of an employee of the public entity within scope of employment], 12-14, 22-25 [tree root growth causing reasonably foreseeable risk of the kind of injury which was incurred], 13, 14, 18, 19, 27, 28 [proximately ...

Excerpt: ...tten arbitration agreement exists that covers plaintiff's claims and is governed by the FAA. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; McCachern decl., Ex. 5 ¶ 17.) All plaintiffs' causes of action “arise[] out of” or are “related to” plaintiff's use of Lyft's ride- share service. (McCachern decl., Ex. 5 ¶ 17(a); accord EFund Capital Partners v. Ples...

Excerpt: ...elevant statute prohibits employers from discharging or discriminating against an employee who is the parent of a child in K-12th grade for taking time off “to participate in activities of the school . . . of his or her child, if the employee, prior to taking the time off, gives reasonable notice to the employer of the planned absence of the employee.” (Lab. Code, § 230.8, subd. (a)(1)(A), emphasis added.) Plaintiff offers evidence of one in...

Excerpt: ...of action. It fails to allege “facts demonstrating the nature, extent or duration of [his] alleged emotional distress.” (Angie M. v. Superior Court (1995) 37 Cal.App.4th 1217, 1227.) The complaint otherwise adequately alleges the elements of this claim. When “liberally construed” (Code Civ. Proc., § 452), the complaint alleges defendants schemed together to create the false record. (Compl. ¶¶ 6-7, 10, 14.) Agency may be pleaded as an u...

Excerpt: ... substantive response is warranted. Plaintiff granted numerous extensions to defendant provide both the initial responses and further responses. (Chapin decl. ¶¶ 3, 11-13 & Exs. 8, 10-15.) Plaintiff appropriately waited to file this motion until the last day to which the parties had agreed in writing. (Code Civ. Proc., § 2030.300, subd. (c).) Although defendant stated he would provide further responses by 7/10/23 “or perhaps earlier,” this...

Excerpt: ...e Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1206-1211 [“[w]hether a dangerous condition has existed long enough for a reasonably prudent person to have discovered it is a question of fact for the jury”]; Scott v. Alpha Beta Co. (1980) 104 Cal.App.3d 305, 308-309 [notice shown where defendant “knew that it was raining, that water from the customers' shoes and clothing or umbrellas would inevitably be deposited on the floor as they entere...

Excerpt: ... reports by 5/29/23. Defendant met its burden to show a written arbitration agreement exists that covers plaintiff's claims. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; see also Nguyen decl. ¶¶ 5-7 & Ex. 2.) To be sure, plaintiff has shown procedural unconscionability. The arbitration agreement is a contract of adhesion, presented on a take-it-or-leave-it basi...

Excerpt: ...uments showing state engineers approved the 1969, 2004, and 2015 plans. (See Gov. Code, §830.6 [“appropriate discretionary approval”; Dobbs v. City of Los Angeles (2019) 41 Cal.App.5th 159, 161 [plans bore city engineer's stamp; approval shown by expert opinion on agency custom and practice]; see also Def. SSUF # 1, 11, 13-16, 19-21, 23, 31-38.) Defendant showed the disputed third element of design immunity – design reasonableness – thro...

Excerpt: ... to constitute these causes of action. In their briefs, the parties dispute what the CC&Rs require and whether defendant actually complied with the CC&Rs. But the 2nd cause of action already alleges defendant breached the CC&Rs by failing to maintain the common area in “good . . . and attractive condition” by not trimming the trees. (Compl. ¶¶ 11, 14, 29.) Defendant has not demurred to this claim. Thus, because the complaint already states ...

Excerpt: ...titute this cause of action. (See Civ. Code, § 51, subd. (b) [Unruh Act]; Koebke v. Bernardo Heights Country Club (2005) 36 Cal.4th 824, 854 [elements]; Koire v. Metro Car Wash (1985) 40 Cal.3d 24, 33 [Unruh Act violations are injurious per se]; Minton v. Dignity Health (2019) 39 Cal.App.5th 1155, 1164-1165 [denying health care due to protected status violates Unruh Act]; see also TAC ¶¶ 14-30, 32, 37, 38.) This claim is not governed by the MI...

Excerpt: ...e this cause of action. (See 2/24/23 order.) While the SAC now alleges oral promises made before and after the leases (see SAC ¶¶ 24, 28), the integration clauses at Section 19.01 of the leases supersede prior oral promises and preclude future oral modifications. Plaintiff has not opposed the demurrer to explain how the oral promises are enforceable. 2nd cause of action, breach of written contract. The SAC now states facts sufficient to constit...

Excerpt: ...ant to statute. Plaintiff may also depose defendant about facts supporting the following statements in the Nguyen declaration supporting his anti-SLAPP motion, including defendant's knowledge thereof, and reasonable follow-up questions:  “I traveled to Vietnam and Thailand to meet with numerous refugees who were allegedly ‘passed on' by VOICE.” (Nguyen decl. ¶ 16.)  “it came to my attention through first-hand conversations with rea...

Excerpt: ...1281.4.) The court sets a status conference re: binding arbitration for 4/11/24 at 2 pm. Defendants have shown a written arbitration agreement exists that covers plaintiffs' claims. (Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; Ex. A, § 10, subd. (g).) All of plaintiffs' causes of action “involv[e] the parties (or their affiliated persons or entities) directly or i...

Excerpt: ...arty in this case, defendants are entitled to recover their attorney fees. The parties agreed that “[s]hould either party institute suit . . . to enforce any of the provisions of the Subcontract, to protect its interests in any manner arising under the Subcontract . . . the prevailing party shall be entitled to recover reasonable attorneys' fees, costs, charges, and expenses (including expert fees and testing) expended or incurred.” Plaintiff...

Excerpt: ...ijin Inc. “are members of [USFR] owning a 50% interest in [USFR]”].) United Studio's tax filings do not affirmatively show otherwise. While the court may take judicial notice of documents filed with government agencies, “the truthfulness and proper interpretation of the documents [remain] disputable.” (StorMedia Inc. v. Superior Court (1999) 20 Cal.4th 449, 457, fn. 9.) Res judicata/claim preclusion. Defendant have not shown the FAC is ba...

Excerpt: ...� (BFGC Architects Planners, Inc. v. Forcum/Mackey Construction, Inc. (2004) 119 Cal.App.4th 848, 852.) As Roofing Warehouse correctly notes, the SAXC contains “myriad allegations” asserting the parties' contractual relationship. (Reply at p. 4.) As Linnert has not shown a reasonable possibility the defect can be cured by amendment, the demurrer is sustained without leave to amend. 2nd-3rd causes of action, apportionment/declaratory relief. T...

Excerpt: ...airmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255 [burden]). The gist of the term "INCIDENT" is reasonably discernable. (See Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783 [requiring response where "the nature of the information sought is apparent"].) Defendant has neither made "a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations," such as the dealership (Code Civ. Proc., ...

Excerpt: ...laintiff to occupy the Property after the Closing Date." (Comp'. 14.) It is undisputed defendant sold the property to plaintiff and the sale closed, yet defendant remains in the property and has not let plaintiff occupy it. (See Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821 [elements]; see also Tchaghlassian decl. 2-14 & Ex. A; Suppl. Tchaghlassian decl. 3-12.) Contrary to defendant's contention (see Opp. at pp. 2-3), the unconsumm...

Excerpt: ...6 [elements for medical negligence]. ) First, defendant's SSUF #2-12 rely on (1) medical records that have not been properly authenticated, and (2) expert declarations that impermissibly recounts case-specific hearsay from unauthenticated medical records. (See People v. Sanchez (2016) 63 Cal.4th 665, 676- 677; see also Deane decl. Ex. B, Brown decl. 10-20; Ferrante decl. 3-20.) After plaintiffs filed their opposition — and after the court denie...

Excerpt: ...ytoDyn of New Mexico, Inc. v. Amerimmune Pharmaceuticals, Inc. (2008) 160 Cal.App.4th 288, 297 [elements); Advanced Modular Sputtering, Inc. v. Superior Court (2005) 132 Cal.App.4th 826, 836 [reasonable particularity; more detail needed only in "highly specialized technical field"); see also FAC SITI 10 ["proprietary management tools, such as business analytics and productivity metrics . . . "J, 9-11, 21-30.) While Dowel/ "doubtCed] the continued...

Excerpt: ...ff may limit its responses and production as follows. Request #20: 1/1/18 to present. Request #21: documents or plans relating to roofing only f17)m 1/1/17 through 12/31/18. Request No. 22: communications between plaintiff and Robert McCarthy regarding the premises (excluding communications with the homeowner or other contractors) Motion to compel re RFAs Defendant's motion to compel is granted as to RFAs & 11-12 and otherwise denied. (See Code C...

Excerpt: ...under modern discovery procedures." (Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.) 7th cause of action. negligent misrepresentation {buyer's agent communication). The complaint states facts sufficient to state this cause of action by plaintiff April Arisian. (See Small v. Fritz Cos Inc. (2003) 30 Cal.4th 167, 173-174 [elements]; see also compl. 28, 79 [misrepresentation that "industrial zoning 'allows' a p...

Excerpt: ...ays. 1st cause of actiom breach of written partnership agreement. The FAC states facts sufficient to constitute this cause of action. It adequately alleges "the legal effect of the contract," including the terms that were allegedly breached. (Construction Protective services, Inc. v. TIG specialty Ins. co. (2002) 29 cal.4th 189, 198-199; see also FAC 17-22, 67.) The complaint does not show "'on its face that the action was barred by a statute of ...

Excerpt: ...nancial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.) 1st cause of action. negligence. Defendants Thomas Courtney Dubar and Skyler Lambert do not demur to this cause of action. As to demurring defendants Ella Dubar, David Skorheim, and Eric Michael Massimo, the FAC states facts sufficient to constitute this cause of action. (See Ladd v. County of San Mateo (1996) 12 cal.4th 913, 917 [elements]; FAC 74 [duty], 36, 38, 40, 41, 4...