Excerpt: ...s on the causes of action affected by the motion. (Varian Med. Systems, Inc. v. Delfina (2005) 35 Cal.4th 180, 191‐192.) The automatic stay does not apply to a prevailing defendant's enforcement of a judgment awarding fees and costs under CCP § 425.16(c). To stay enforcement of such a judgment, the SLAPP plaintiff must post a bond or undertaking pending the appeal. (Dowling v. Zimmerman (2001) 85 Cal.App.4th 1400, 1434.) The undertaking under ...

Excerpt: ...ry lawsuit. C.C.P. §395(a) applies to transitory lawsuits and provides: “[e]xcept as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. . . Subject to subdivision (b), if a defendant has contracted to perform an ...

Excerpt: ...rant a multiplier. After a substantial amount of work by the Barry Law Firm another firm, the Law Offices of Michael Rosenstein were brought in to try the case. This transition is inherently inefficient and leads to duplication of effort. While the matter was at the Barry Law Firm, the senior partner, Barry, spent a significant amount of time on simple case tasks that should have been done by junior associates or paralegals. An example of this ca...

Excerpt: ...contrast, Dr. Neal's expert, Dr. Bruce Kahn states that Dr. Neal's conduct was at all times within the appropriate standard of care. (Deft's Ex. M, Decl. of Kahn, ¶6.) He explains that bladder injury is clearly known risk and complication for a total vaginal hysterectomy and the type of injury Plaintiff's suffered does not suggest a breach in the standard of care. (Id at ¶6(a).) He opines that Dr. Neal's actions did not cause Plaintiff's ureter...

Excerpt: ...erwise improper for counsel to instruct a witness to not answer on any other ground. (See Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1015.) “[I]rrelevance alone is an insufficient ground to justify preventing a witness from answering a question posed at a deposition.” (Id. at 1014.) As to No. 1 (the identity of those on the Qualified Improvement committee), committee member identities are protected and not discoverab...

Excerpt: ... in retaliation for her complaints about Dr. Rahmany. Rather, the SAC suggests that Loma Linda granted the medical leave as an accommodation. There are no allegations of retaliatory animus and the SAC indicates that the Loma Linda personnel Plaintiff complained to were sympathetic. See Paragraph 46. Although the allegations may show a failure to prevent harassment in violation of Cal. Gov. Code § 12940(k), Plaintiff has not established that any ...

Excerpt: ...the cause of action is tested by presuming that all of the material factual allegations in the complaint are true, unless the allegations are contradicted by exhibits or judicially noticed material. (Aubry v. Tri‐City Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Additionally, counts two and three of the first cause of action are alleged against Does 1 to 100 and are not subject to challenge by defenda...

Excerpt: ... of evidence but do not show that Plaintiffs cannot reasonably obtain evidence to support their claims. Thus, Defendants' have not met their initial burden. In the Reply, Defendants concede that there may be one or more triable issues of material fact as to the breach of contract action. Defendants themselves demonstrate this by referring to the declaration of Plaintiffs' expert, Steve Swanson, who wrote a home inspection report dated 5/11/18. De...

Excerpt: ... Hair Restoration Center. (Undisputed Material Fact [UMF] No. 4.) Prior to the procedure, McEvers received written instructions to arrange for transportation if the patient received medication in the afternoon, and that most patients could drive themselves home if they did not receive pain medication or sedation in the afternoon. (UMF No. 5.) McEvers was given specific medications in the morning (6:58 a.m.) of 5/3/16, which were not general anest...

Excerpt: ...ttorney work‐product protection as to any responsive documents, it is also to provide a privilege log pursuant to CCP §2031.240(c)(1) (Wellpoint Health Networks, Inc. vs. Sup. Ct. (McCombs) (1997) 59 Cal. App. 4th 110, 130). Sanctions by both sides are DENIED. Analysis: The Court finds that plaintiff has shown “good cause” for all the production requests as to Districts 45, 46 and 51. The consolidation, which included plaintiff's terminati...

Excerpt: ... that the 2016 Agreement is the entire agreement between the parties. (Ex. 3 to Defendant's Notice of Lodgment.) Plaintiff does not dispute executing the 2016 Agreement. As such, the 2016 Agreement is the governing agreement and the analysis below relies on the 2016 agreement. Waivers of arbitration agreements are not inferred lightly. (St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4th 1187, 1195.) Plaintiff has not establish...

Excerpt: ...y that terms, whether it could be physical, mental, emotional, etc., as well as the nature and extent of the injuries or the alleged body parts involved. Calls for expert opinion. Premature as discovery and investigation is [sic] continuing. This responding party is unable to admit or deny and on that basis must respond as follows: Deny. 13. Objection: Calls for speculation, expert opinion, legal conclusion and non‐economic damages is an issue ...

Excerpt: ...ntiff has failed to comply with Rule 3.1324(a) and (b). Although Plaintiff provided a copy of the proposed First Amended Complaint (FAC), he has not provided a document stating what allegations are proposed to be deleted and/or added by page, paragraph and line number as required under Rule 3.1324(a). Plaintiff has not provided a declaration explaining the purpose and effect of the amendments or why the amendments are necessary and proper, which ...

Excerpt: ...ertain real property known as the “Carancho Property”. (FAXC ¶21.) Candee alleges on information and belief that on 6/22/15, after the Judgment was entered, Abdullah prepared and backdated quitclaim deeds (to 6/11/15) to allow Gabriela Ayoub to transfer her entire interest in the Carancho Property to “hinder, delay, and defraud Candee” as part of Abdullah's post‐verdict “asset protection.” (FAXC ¶¶23, 26.) It is alleged that when...

Excerpt: ...dant was motivated by animus against the disabled. (Turner v. Association of American Medical Colleges (2008) 167 Cal. App. 4th 1401, 1411.) A policy that is neutral on its face is not actionable, even if it has a disproportionate impact on a protected class. (Belton v. Comcast Cable Holdings, LLC (2007) 151 Cal. App. 4th 1224, 1238, cable provider's policy requiring all customers to subscribe to the same package even though blind customers could...

Excerpt: ...ion to sales associates in 1 are to be redacted as this information is not relevant. Sanctions to the Moving party are awarded in the amount of $1830.00, which reflects 6 hours at $295 plus costs. Analysis: The documents at issue all pertain to Plaintiff's vehicle, condition of Plaintiff's vehicle and the purchase of said vehicle. As such, there appears to be good cause for production of the documents at issue in this motion. The employee commiss...

Excerpt: ...s, handling of financing, supervising facility staff, and disciplining staff at Parkside. Under the doctrines of respondeat superior and agency, Parkside would be liable for Uy's conduct within the scope of his employment/agency. Mary M. v. City of Los Angeles (1991) 54 Cal.3d 202, 208; RSB Vineyard, LLC v. Orsi (2017) 15 Cal.App.5th 1089, 1099. As to the facts on the 1COA more than enough is alleged. The SAC asserts that Parkside and Uy knew tha...

Excerpt: ...ake “[a]ll actions necessary to properly represent and protect Plaintiff's Interest in the Action, would be undertaken and performed”; 2) that “[t]he Opposiiton to unjust support and property division orders would be well founded, and had ‘an excellent chance for success'”, and 3) that “Rosenfeld could and would, for the flat sum of $15,000, perform all necessary services to properly represent and protect Plaintiff's interest in the A...

Excerpt: ...ve been taken earlier. (Jones v. P.S. Development Co., Inc. (2008) 166 Cal.App.4th 707, 725, disapproved on other grounds in Reid v. Google, Inc. (2010) 50 Cal.4th 512 [trial court properly denied reconsideration where movant failed to provide an adequate explanation for the failure to obtain deposition testimony earlier and failed to request a continuance of the summary judgment motion].) Here, the supporting declaration fails to provide any exp...

Excerpt: ...al contract.” Yet Plaintiff references a “fully executed agreement.” (See Complaint ¶ 8.) Further Plaintiff has a separate cause of action for breach of implied contract. Plaintiff has failed to allege the terms of any oral contract of fully executed agreement word for word or according to legal intendment. (Complaint ¶¶ 5‐11.) Plaintiff alleges that she was supposed to have a ½ interest in their “forever home” but does not allege...

Excerpt: ...ssary and proper, when the facts giving rise to the amendment were discovered, and the reason this motion could not have been made earlier. Id. at (b). Helen Wang's declaration makes no attempt to address why this motion could not have been made earlier. This issue is not addressed in the memorandum of points and authorities either. Based on a November 9, 2017 letter sent to Schoonmaker, Plaintiffs were aware that Schoonmaker had failed to produc...

Excerpt: ...curity Services USA, Inc. (2018) 23 Cal. App. 5th 745, 757.) PAGA's standing provision requires only allegations that the plaintiff is an aggrieved employee. (Williams v. Superior Court (2017) 3 Cal. 5th 531, 546.) Unlike a class representative in a class action lawsuit, the PAGA representative is not required to establish that her claims are typical of all aggrieved employees. (Huff, surpa, 23 Cal. App. 5th at 757.) The FAC but includes all ...

Excerpt: ... confer on this issue before the hearing. The 17th document requests should also be limited in time. Analysis: The technical opposition on the timing of the motion being premature is denied. C.C.P. § 2025.410 specifically allows for a motion to quash when a deposition notice has been served on a party. The materials sought are relevant to the litigation. However, 5,6,10,11,12, 26, 27 and 29, could lead to information that has nothing to do with ...

Excerpt: ...ah's active participation in the fraudulent transfers as an aider and abetter. Defect/Misjoinder of Parties: Abdullah has not shown Abuzeid or Payan to be indispensable parties. Abuzeid merely drafted the Ayoub Trust and formation documents for Thurber Ranch, LLC. Payan merely conducted a survey. Neither of these acts were wrongful. Uncertainty: With each and every cause of action surviving, the challenge based on uncertainty is Overruled. 3COA (...

Excerpt: ...lopment, as the builder, developer and original owner of the subject property, filed numerous plans, specifications, deeds and other documents wherein he misrepresented the square footage of the property. (TACC, ¶ 59.)1 It asserts that the marketing and sales materials provided to Mainstream by the Sellers and their Brokers were based on information contained in the documents created by Cross‐Defendants and their alter egos. (Id at ¶60.) As s...