Excerpt: ... of action for constructive fraud. Issue No. 1 Summary adjudication is GRANTED as to this issue. There is no factual dispute that the funds in CDA 836809 are Abelardo Estacion's (“Abelardo”) property. (See Plaintiff's Separate Statement (“PSS”) Nos. 1-5.) Generally, “[a] motion for summary adjudication shall be granted only if it completely disposes of a cause of action ….” (Code Civ. Proc., § 437c(f)(1).) However, “two separate ...

Excerpt: ...ff is not entitled to attorney fees pursuant to CCP § 1021.5. The relief sought and obtained by Plaintiff was largely personal, and any incidental benefit to others was not a benefit to the public at large, or to a large class of persons. (Flannery v. California Highway Patrol (1998) 61 Cal.App.4th 629, 635; Woodland Hills Residents Assn., Inc. v. City Council (1979) 23 Cal.3d 917, 936.) Plaintiff's motion to strike/tax costs Plaintiff's evident...

Excerpt: ...nsidered the parties' Stipulation and Joint Request for the Court to Retain Jurisdiction Pursuant to CCP section 664.6 and for Dismissal; [Proposed] Order (duly signed by all parties), and as the [Proposed] Order does not provide that any term of the Settlement Agreement is made an order of court, the court concludes that review of the Settlement Agreement is not a necessary condition to granting the parties' stipulated request for the order. The...

Excerpt: ...he court further finds that the costs are reasonable and substantiated, and costs are awarded in the amount of $13,533.24. Plaintiff is awarded an enhancement of $10,000. In making this award, the Court has considered the time and effort Plaintiff expended in prosecution of this action, the benefit conferred on the Class, and all other relevant factors, including the risks to Plaintiff during this protracted litigation. Pursuant to CCP § 384(b),...

Excerpt: ...complaint are each ordered stricken and the defaults of these defendants entered. See, C.C.P. § 2023.030(d)(1). The Court notes that on March 29, 2018 it advised Defendants' attorney that a guardian ad litem should be appointed if defendant Babette Angelo had suffered a stroke. (See, March 29, 2018 Minute Order.) No such guardian ad litem was appointed. Also, defense counsel has not adequately explained why communication with the individuals pre...

Excerpt: ...leave to amend, on the basis that the Complaint fails to adequately allege that the subject deed of trust was a first priority lien upon the property and that Plaintiff had submitted complete loan modification applications. The Demurrer to the Third Cause of Action For Negligence is SUSTAINED with leave to amend, on the basis that the Complaint fails to allege facts giving rise to a duty of due care in favor of Plaintiff. The Demurrer to the Four...

Excerpt: ...en of presenting evidence of a written agreement providing for binding arbitration and that Plaintiff's employment law claims fall within the scope of this agreement. See, Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4 th394, 413. The burden thus shifted to Plaintiff to establish some ground such that the agreement for binding arbitration should not be enforced. See, Correctional Peace Officers Ass'n v. State of Calif. (2006) 1...

Excerpt: ...0- 481.) Plaintiff Matthew Goetz (plaintiff) has failed to demonstrate a compelling need for the requested information that overcomes her right to privacy. (See Britt v. Superior Court (San Diego Unified Port Dist.) (1978) 20 Cal.3d 844, 859; see also Allen v. Superior Court (1984) 151 Cal.App.3d 447, 449.) The motion to quash is DENIED as to the subpoenas seeking the bank records of defendant O'Hara's Pub, Inc. (O'Hara's). (Rucci Decl. at Exhs. ...

Excerpt: ...required by Cal. Rules Court, rule 3.1700, subd. (a)(1). Defendant's Motion For Attorney's Fees is DENIED. California subscribes to the “American Rule”. i.e. each side bears its own legal fees, absent an agreement or statute that provides otherwise. Code Civ. Proc. § 1021. Defendant fails to identify a contractual basis for an award of attorney's fees. Bus. & Prof. Code § 17200, et seq., and Corp. Code §§ 1800 - 1808 do not provide for an...

Excerpt: ...aint to identify Does 18 through 20 as defense counsel is DENIED without prejudice. Moving party fails to cite any legal authority supporting the requested relief. (CRC 3.1113(a), (b).) To the extent plaintiff relies on CCP 473, plaintiff has not complied with CRC 3.1324. To the extent plaintiff is attempting to allege that the proposed attorney defendants conspired with their clients to allegedly convert plaintiff's stock, in order to compensate...

Excerpt: ...this demurrer, they claim that in actuality, this cause of action has been brought by both of them in both contract and tort. (Opp. at p. 7.) This is not readily apparent from the allegations of the second amended cross-complaint. Takeya is entitled to know exactly what type of claim(s) each of these cross-defendants is attempting to allege against it so that it may prepare an appropriate response and/or defense. Second cause of action for misapp...

Excerpt: ...inute Order is GRANTED, limited to the existence of, filing of, and legal effect of the Order. The Motion For Judgment on the Pleadings by Cross-Defendants Majic Services, Inc. and ADA Property Services, Inc. is DENIED in its entirety. The Cross-Complaint states facts sufficient to allege prima facie causes of action for the disputed 2 nd, 5 th, 6 th and 8 thCauses of Action. Cross-Defendants' arguments are based upon facts and matters not proper...

Excerpt: ...31:7-232:6], and T [Chrisman Depo., 8:11-17, 18:1-3, 42:1-47:12]), the Court cannot as a matter of law determine on the present papers alone that plaintiff Steven M. Voce (plaintiff) has engaged in deliberate, egregious misconduct by forging defendants' signatures on the subject agreement. The alleged forgery will require an evidentiary hearing, pursuant to a motion for summary judgment/summary adjudication or a motion in limine. See, for example...

Excerpt: ...ecurity interest in the real property commonly known as 3 Flora Springs, Irvine, CA 92606 (the “Property”) with a power of sale, to secure repayment of a $450,000.00 home equity line of credit, and that Defendants and Plaintiff's predecessor in interest intended that the security interest in the Property be effective 06/07/07. Based upon the foregoing, the court exercises its equitable powers and imposes an equitable lien upon the Property. D...

Excerpt: ... Form Rog. Nos. 15.1 and 17.1 were served in March 2018, that these responses were deficient, and that defendant Santayana- Cruz essentially concedes they were deficient by serving more substantive responses to Form Rog. Nos. 15.1 and 17.1 approximately one month later on 4-19-18. 2) Plaintiff Martha Phillips' motion to compel further responses to employment form interrogatories by defendant Cecilia Cruz Santayana is MOOT because defendant has se...

Excerpt: ... Center - Anaheim • West Care Medical Center/ Business Office -Anaheim • West Care Medical Center/Radiology - Anaheim • Prospice Medical Center - North Orange Complete medical records, from June 21, 2008 through the present, including but not limited to the following: correspondence and documents indicating examinations, dates of examinations, testing, diagnosis, prognosis, all records of history, treatments and care including but not limit...

Excerpt: ...was securely leashed and tethered to prevent them from roaming free among the public was in willful and wanton disregard of the safety, rights, and health of Plaintiff and the public at large. There are no allegations that the dog had bitten another person prior to the incident herein. Even if there were, punitive damages usually depend on more than negligence. “Nonintentional conduct comes within the definition of malicious acts [only] when a ...

Excerpt: ...48), (2) plaintiff's performance or excuse for nonperformance, (alleged in paragraph 51[a]) (3) defendant's breach (alleged in paragraph 51[b]), and (4) the resulting damages to the plaintiff (alleged in paragraph 52). Oasis West Realty, LLC v. Goldman(2011) 51 Cal.4th 811. The demurrer is overruled as to the fourth cause of action for money had and received. Where, as here, a plaintiff has alleged defendant allegedly misappropriated monies they ...

Excerpt: ...the City, the first cause of action for negligence alleges “dangerous condition” liability under Government Code section 835 and “concealed trap” liability under Government Code section 830.8, based on the City's failure to provide adequate lighting, an accessible crosswalk, a stop sign, and/or a traffic signal at the location of the incident. (See Complaint at ¶¶ 20-21.) To the extent the claim is based on the alleged failure to provid...

Excerpt: ...Calvillo-Silva v. Home Grocer (1998) 19 Cal.4th 714, 729) Motion No. 2. Motion to Strike Defendants' Motion to Strike is DENIED. Considered at this pleading stage, the cumulative facts pled in the Complaint could allow a jury to reach the determination that Plaintiffs are entitled to the enhanced remedies of punitive damages and attorney's fees pursuant to Welf & Inst. Code § 15657. Plaintiffs to file and serve an amended complaint within ten da...

Excerpt: ...ndard of care]; New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1418 [any matter admitted in response to a request for admission is conclusively established against the party making the admission].) Defendant's request for judicial notice is GRANTED. (See Evid. Code, § 452, subds. (d), (h); Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 485.) Defendant to give notice. ...

Excerpt: ...ying the alter ego doctrine are that (1) there is such a unity of interest and ownership between the corporation and the individual or organization controlling it that their separate personalities no longer exist, and (2) failure to disregard the corporate entity would sanction a fraud or promote injustice. (Robbins v. Blecher (1996) 52 Cal.App.4th 886, 892.) The court finds that there are triable issues of material fact as to the second prong of...

Excerpt: ...fices of counsel for moving party, on a date and time mutually agreed by the parties and counsel. The motion is denied as to the request for document production at the deposition, as moving party fails to show good cause. (CCP 2025.450(b)(1).) The motion is granted as to the request for sanctions. The court finds that plaintiff's failure to produce its person most qualified for deposition lacked substantial justification, and imposes sanctions in...

Excerpt: ...ion can be considered (see, C.C.P. § 396b(d) and Buran Equipment Co., Inc. v. Superior Court (1987) 190 Cal.App.3d 1662, 1665), and it has been brought within a reasonable time. See, Willingham v. Pecora (1941) 44 Cal.App.2d 289, 295. But generally the declaration of individual defendants, agents or employees of a defendant are not considered. See, Corfee v. Southern California Edison Co. (1962) 202 Cal.App.2d 473, 478. Defendant ACSSI is relyin...

Excerpt: ...th the defense of their case in the underlying action, which advice Plaintiffs allegedly followed and were damaged by. In Samuels v. Mix (1999) 22 Cal.4 th 1, the Supreme Court held that the moving party has the burden of proving when a plaintiff discovered, or should have discovered, the alleged malpractice. Id., at 8 to 9. Third, Defendant has not established when his representation of Defendants ended as a matter of law. See, C.C.P. § 340.6(a...