Excerpt: ...case law, only the association, or an owner of a separate interest in a common interest subdivision, has standing to enforce a declaration of covenants, conditions and restrictions. (Civil Code 5975(a); Martin v. Bridgeport Community Assoc., Inc. (2009) 173 Cal.App.4th 1024, 1033.) There are no facts alleged to show that defendant Stonekastle Property Management, Inc. is a party to the CC&Rs, nor is any other contract alleged which this defendant...

Excerpt: ...establish a certain element to a claim for violation of the Fair Employment and Housing Act (FEHA). Plaintiff's causes of action, however, include, inter alia, a breach of contract claim, the success or failure of which does not necessarily depend on plaintiff's ability to demonstrate a violation of FEHA. Issue No. 3 –Defendants may properly challenge plaintiff's first cause of action to the extent it alleges “FEHA disability retaliation” a...

Excerpt: ...) 20 Cal.4th 1103, 1113-1114; see also Niederer v. Ferreira (1987) 189 Cal.App.3d 1485, 1506.) The court finds attorney Nathaniel Brown's reasonable hourly rate to be $250.00 and that he reasonably expended a total of 70.7 hours with respect to this matter, and that attorney Martin S. Kovalsky's reasonable hourly rate is $400.00, and that he reasonably expended a total of 2 hours with respect to this case. (See 569 East County Boulevard LLC v. Ba...

Excerpt: ...s attached as exhibits to the FAC, Plaintiff's conclusory allegation in paragraph 19 of the FAC that the Defendants “caused him” to execute the loan documents notwithstanding the fact that the property was Plaintiff's residence is not sufficient to allege that the loan is subject to the Dodd-Frank Act, as business loans are not subject to the Act. 15 USC § 1603(1). If the exhibits to the complaint contradict the language of the complaint, th...

Excerpt: ...violation of statute does not destroy this negligence claim. Plaintiff has alleged the elements of a claim for negligence; duty, breach, causation and damages. With regard to the second cause of action for nuisance, whether or not there was a superseding criminal act which relieves the defendant of a duty to plaintiff is a question of fact for the jury. Further, there is no requirement the alleged nuisance be “continuing” or “permanent” t...

Excerpt: ...he 1999 License Agreement. Id. As to cross-complainant Optimum Power's second cross-claim for accounting, plaintiff has alleged sufficient facts as to a basis for an accounting in the context of the alleged breach of the NDA agreements. As to cross-complainant Optimum Power's third cross-claim for breach of contract, Optimum Power has alleged sufficient facts as to breach of the NDA agreements even if the 1999 License Agreement and amendments the...

Excerpt: ... with Rule 2.112. Second, Petitioner Sutton's opposition appears to claim that he is seeking only equitable title and not legal title. But the prayer in Petitioner's first amended petition includes a request for an order that the trustees of the irrevocable trust in this case “…execute and record a deed and execute any other documents necessary in order to fully transfer such interest to Petitioner.” Petitioner thus appears to be seeking le...

Excerpt: ...ine requires an appeal and the reviewing court stating in its opinion a principle or rule of law necessary to the decision. See Clemente v. State(1985) 40 Cal.3d 202, 211. These facts do not appear on the face of the FAC, and are not established by judicial notice. The doctrines of collateral estoppel and/or res judicata are each inapplicable because these doctrines both require the existence of a final judgment. The final judgment element for re...

Excerpt: ...aintiff's memorandum and the supporting declaration of attorney Nedda Mehrou and the court did not consider attorney Mahrou an expert in the areas of attorney's fees and/or reasonableness. See, PLCM Group, Inc. v. Drexler (2000) 22 Cal.4 th 1084, 1095. The lodestar calculation (respective hourly rates multiplied by hours worked) provides the total sum of $122,585.65 sought by TUSD. (Reply, 10:19.) The Court reduces that amount on two separate bas...

Excerpt: ...ive order has been withdrawn and taken off calendar, and thus, any alleged procedural defects with respect to it are moot. The court declines to consider any new points, arguments, and evidence presented for the first time on reply. (See Balboa Ins. Co. v. Aguirre (1983) 149 Cal.App.3d 1002, 1010; Jay v. Mahaffey(2013) 218 Cal.App.4th 1522, 1537-1538.) Moving party to give notice. ...

Excerpt: ...ufficient evidence to meet its initial burden of showing that cross-complainant cannot prove an essential element of her claim(s) or that Hughes Cione has a complete defense to the claims. Triable issues remain as to material facts 5-9, 17-38, 39-45 and 48-70. Attorney Hughes' declaration in support of the motion purports to authenticate exhibits A through Z (e.g. “[A] true and correct copy of said Charge is being attached hereto and shall be r...

Excerpt: ...endants presented evidence negating any substantial, continuous and systematic contacts with this forum. See, Vons Companies Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4 th 434, at 445. Also, general jurisdiction is now limited to a company's state of incorporation or principal place of business. See, Daimler AG v. Bauman (2014) 571 U.S. 117, 134 S.Ct. 746, 761 to 762 and Martinez v. Aero Caribbean (9 th Cir. 2014) 764 F.3d 1062, 1070. It is undis...

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Excerpt: ...ntar's trade, business or profession (see Code Civ. Proc., § 483.010, subd. (c); see also Advance Transformer Co. v. Sup.Ct. (Shapiro) (1974) 44 Cal.App.3d 127, 143-144), and he has failed to provide any evidence of any kind in support of the application. (See Code Civ. Proc., §§ 484.090, 481.190, 482.040.) The Case Management Conference remains on calendar. Moving party to give notice. ...

Excerpt: ...d motion to compel responses to plaintiff's form interrogatories and special interrogatories by defendant Babette Angelo, pursuant to C.C.P. § 2030.290(b), is GRANTED. Defendant Babette Angelo is ordered to provide responses, without objections, to plaintiff Hughes' form interrogatories and special interrogatories within 21 days of service of a notice of ruling by plaintiff. If defendant Babette Angelo remains incapacitated because of the claime...

Excerpt: ...ial notice is granted. (Ev. 452(d)(1); Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264-265.) Moving parties to give notice. ...

Excerpt: ... of plaintiff Cara Crouch. (See, Declaration of Charles Richardson in Support of Motion & Memorandum of Costs filed 6-27-17.) Rule 3.1700(a)(1) requires filing and service of a memorandum of costs. In addition, the stipulation to withdraw between attorney Keesling on behalf of plaintiff Cara Crouch and defendant TCCSA is not shown to cover the memorandum of costs attached to the declaration of attorney Charles Richardson. The stipulation in conte...

Excerpt: ...aintiff dated 04/04/16 transmitted to Defendant (Quang Nguyen Dec. Exh. 1), that Defendant counter offered by e-mail requesting a $10,000.00 discount from the price in the 04/04/16 bid (Id. Exh. 2), and that a revised estimate dated 05/04/16, incorporating the discounted price, was transmitted to Defendant by Plaintiff from Orange County (Id. Exh. 3), and that Plaintiff believed that it had a binding contract by that date. (Id. ¶ 7). On acceptan...

Excerpt: ...s bringing these claims or whether plaintiff L&K Technology, Inc. is also attempting to assert them directly. (See SAC at ¶¶ 35-38 [breach of fiduciary duty], 64-67 [conversion].) They are also uncertain as to whether Ngo is asserting the claim directly, derivatively, or in both capacities. (Ibid.) The rules of pleading and proof with respect to these claims differ substantially depending on who is alleging them and in what capacity. Defendant ...

Excerpt: ...ffered by a railroad company violated the FLSA where trainees received no compensation during the training. 330 U.S. at 150, 67 S.Ct. 639. Those who successfully completed the program and were listed as accepted and available for work were given a retroactive allowance, but those who were not accepted never received any compensation for their participation in the program. Id. In determining whether the trainees were employees for purposes of enti...

Excerpt: ...dication set forth in ETA's notice of motion for summary adjudication while there are nine issues for summary adjudication set forth in ETA's separate statement. Further, none of the issues for summary adjudication set forth in ETA's separate statement for summary adjudication are set forth in ETA's notice of motion for summary adjudication. On the merits, summary adjudication on all issues in ETA's separate statement that rely on previous lack o...

Excerpt: ... the allegations of the complaint. See, Andrews v. Foster Wheeler LLC (2006) 138 Cal.App.4 th 96, 106 to 107. Here, Plaintiff's complaint was filed on 11-12-15 with Plaintiff's third amended complaint filed on 2-1-17. Defendant Jack's Surf & Sport has been a named defendant since Plaintiff filed her initial complaint. Defendant Jack's Surf & Sport carried its initial burden of establishing that Plaintiff lacks evidence, including any documents th...

Excerpt: ...40:14-44.18 & Pltf. Depo., Vol. 2, 73:4-74:8, 78:21-80:22, 81:1-25, 95:11-98:7]; Complaint at ¶ 8)—facts which Defendants do not dispute and have not negated in their motion. Indeed, Dr. Dubrow's declaration, particularly his recitation of the “pertinent medical chronology,” shows that instead, he selectively credited Dr. Nguyen's contradictory version of the events as set forth in Plaintiff's medical records, which state, inter alia, that...

Excerpt: ... See, Super 7 Motel Associates v. Wang (1993) 16 Cal.App.4 th 541, 542-547. Even if he had been, the Cross-Complaint against him was not based on the breach of any contract by him, but upon his alleged tortious conduct. Attorneys' fees are not recoverable on a cause of action asserting only tort claims. Barnhart, Inc. v. CMC Fabricators, Inc. (2012) 211 Cal.App.4 th230, 240. Moving party to give notice. ...

Excerpt: ...ently demonstrated the October 26, 2017 emergency meeting was an “emergency meeting” held pursuant to Civil Code section 4923. Such a meeting does not require notice (Civil Code section 4920(b)(1)) and can be called by the president of the association or any two directors other than the president. Civil Code section 4923. That statute was specifically cited by the court in making its ruling—and that the emergency meeting and the actions tak...