Excerpt: ...troming's scheduling of the demurrer hearing to be concurrently heard with another motion, rather than upon the first available hearing date (CRC Rule 3.1320(d)), is not jurisdictional, and the Court elects to exercise its discretion to reach the demurrer's merits. Defendant has presented evidence of its efforts to meet and confer, although such efforts were reportedly ineffective due to Plaintiff's counsel's new mailing and email addresses. Plai...

Excerpt: ...Plaintiff has correctly identified Tabletop's failure to provide the required meet and confer efforts and statement. Although typically the Court would continue the hearing, the court feels it would be more efficient to reach the merits at this time. The Court will not be as lenient with future meet and confer failures. Although Plaintiff has attached a copy of the Licensing Agreement (“Agreement”) to the FAC, the FAC remains too unclear to s...

Excerpt: ...n the forum State…” (Walden at 285.) Physical entry into the State—either by the defendant in person or through an agent, goods, mail, or some other means—is certainly a relevant contact. (Id.) But physical presence in the state is not required. “So long as a commercial actor's efforts are “purposefully directed” toward residents of another State, we have consistently rejected the notion that an absence of physical contacts can defe...

Excerpt: ... 20-22, Exs. D-M and O-Q. Han failed to properly answer each of the above FROG as completely and straightforwardly as the information reasonably permitted and/or did not state he did not have sufficient information to be able to fully respond to each of the FROG in question. Civ. Proc. Code § 2030.220. As such, this motion was proper. Civ. Proc. Code § 2030.300. Han is ordered to serve further responses to the above FROG within 40-days of recei...

Excerpt: ..., or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudi...

Excerpt: ...Hirsa v. Superior Ct. (1981) 118 Cal.App.3d 486, 488–89; Kittredge Sports Co. v. Super.Ct. (1989) 213 Cal.App.3d. 1045, 1048. The Second Amended Complaint (“SAC”) is not based on the same general facts as the original complaint. Instead, it seeks to add defense counsel as a defendant and contains allegations of actions that occurred mostly during the pendency of this lawsuit, with some minor additional allegations which appear to be related...

Excerpt: ...., ¶¶ 5-6, Ex. B.) The parties were unable to agree on amended request nos. 2, 3, 4, 8 and 9 (the “Requests”), which are the subject of the current Motion. (Id.) 2. Any and all DOCUMENTS including ESI which evidence, constitute, refer or RELATE TO contracts and/or agreemetns, including contract renewals and contract amendments, between YOU and the HOA RELATING TO the maintenance and repair of THE SPRINGS from January 2010 to present. 3. Any...

Excerpt: ...rrent employees, including Plaintiff, on 12/2/19. (Crawford Decl., paras. 2-7.) After directing employees to review the new Handbook, Crawford's 12/2/19 email indicated that an “Associate Acknowledgement” form would be sent separately via DocuSign for associates to provide their electronic signature. This form was then distributed on 12/3/19 to employees, including Plaintiff. (Crawford Decl., paras. 7-8.) By signing the acknowledgement, each ...

Excerpt: ... from other matters properly subject to judicial notice. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Under Section 430.10(e) the test is whether the complaint states any valid claim entitling plaintiff to relief, even if plaintiff's cause of action is improperly titled or an improper remedy is stated. (See Quelimane Co., Inc. v. Stewart Title Guar. Co. (1998) 19 Cal.4th 26, 38; Town Council, Inc. v. City of Los Angeles (1996) 47 Cal.App.4th ...

Excerpt: ...� (Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145.) Plaintiff's request for judicial notice is granted. The court will take judicial notice of the complaint's “existence and contents, though not of disputed or disputable facts stated therein.” (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924, fn. 1.) Plaintiff generally demurs to the Cross-Complaint's first, second and third causes of action on the ...

Excerpt: ...s supported by a separate statement (ROA 29) regarding the disputed deposition questions and responses, in which Plaintiff invoked his Fifth Amendment privilege no less than 121 times in refusing to answer questions seeking discoverable information regarding WCCT's actual or potential bases for terminating Plaintiff's employment, i.e., matters which Plaintiff himself placed at issue in this litigation in alleging wrongful termination without caus...

Excerpt: ....3, 405.30, 405.31, 405.32, 405.33, 405.38.) “At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice. . . Evidence or declarations may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any or...

Excerpt: ... the federal constitution. (Cal. Prac. Guide: Civ. Proc. Before Trial ¶ 3:198 (Rutter Group 2019); see, e.g., BNSF Ry. Co. v. Tyrrell (2017) 137 S.Ct. 1549, 1554, 1558.) Here, general jurisdiction is not proposed. For a court to exercise specific jurisdiction over a party, the suit must arise out of or relate to his contacts with the forum; and the defendant's suit-related conduct must create a substantial connection with the forum state. (Brist...

Excerpt: ...ve judicial arbitration -- a type of arbitration distinct and different from contractual arbitration. The rules and procedures for judicial arbitration are not the governing body of law. (See the Motion to Strike, p. 1-2 and Reply p. 2; see CRC 3.810 and CCP 1141.10, .14, Cal. Prac. Guide: Alt. Dispute Res. § 5:7, Rutter Group 2020). The present case involved contractual arbitration, which is governed by the California Arbitration Act (CCP 1280 ...

Excerpt: ...ocuments: (1) recorded property records for the relevant properties, and (2) internet photographs allegedly showing portions of the relevant property as it appeared in 2015. The court need not (and does not) reach the question of whether the court can take judicial notice of these documents because, even if the court takes judicial notice of them, the documents are completely out of the context necessary to give them meaning for purposes of this ...

Excerpt: ...ich motions scheduled for 12/7/2020 are going forward and which motions are off calendar on or before 11/16/2020.” See 10/30/20 Minute Order. No letter was forthcoming, but there were a number of “notices” filed requesting to take certain motions off-calendar. Best this Court can tell, there are still four (4) motions on calendar. Defense Motion to Compel Psych IME of Plaintiff (ROA 106) Pursuant to CCP §2032.320(a), the moving party has t...

Excerpt: ...a protective order, except for emails. Clayton Supp. Decl., Ex. A. FCA has provided no good reason why it will produce all documents except for emails responsive to the Plaintiff's specific definition of “FUEL SYSTEM DEFECT.” FCA is ordered to provide a further response and to produce all responsive documents, including emails. As to RFP No. 19, FCA states that it will comply in full and produce all responsive documents in its possession, cus...

Excerpt: ... no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Emphasis added.) As set forth in considerable detail in the Court's 10/26/2020 minute order, Diaz did not file her motion to set aside default pursuant to C.C.P. § 473(b) until 6/25/2020. Diaz's motion is therefore untimely, and Diaz's moving papers cite no legal authority to avoid or otherwise overcome the six-month time limit expressly set forth i...

Excerpt: ...y to use due care; (b) a breach of such legal duty; (c) the breach as the proximate or legal cause of the resulting injury. (See Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.) IKEA moves for summary judgment on the grounds that Plaintiff cannot establish the second element that IKEA breached its duty and the third element of proximate cause. With respect to the second element, IKEA argues that Plaintiff cannot establish that a dangerous...

Excerpt: ...ance, the Court will consider the merits. (See generally, Plumlee v. Poag (1984) 150 Cal.App.3d 541, 546.) Motions to Compel (Initial) Responses to three sets of Requests for Production of Documents, each Set Nos. Two, to Defendants Basmadjian, Jacksontuck, and Basmadjian & Jackson Investment Advisory Equitable Partnership LLC (“B&J”) These Motions to Compel are GRANTED. Each Defendant is ordered to provide verified responses, without objecti...

Excerpt: ...a v. New Century Mortg. Corp. (2016) 62 Cal.4th 919, 924 fn.1.) However, the unrecorded trustee's deed upon sale, within the reply, Exhibit 8, is not a recorded instrument and so it is not a proper subject of judicial notice. (See Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265, approved in part, and disapproved on other grounds in part, Yvanova, 62 Cal.4th 919 fn.1, fn. 13.) The request for judicial notice of records from the ...

Excerpt: ...ce fell below the applicable standard of care in that the margins were not smooth. She eventually had the issues resolved by other dental professionals. Plaintiff Jessica further contends that defendant has since used photos taken of her during the treatment in 2017 for advertising purposes without her consent. Demurrer to 2 nd COA for Misappropriation of Likeness: Sustained with Leave to Amend Plaintiff Jessica alleges that defendants are using ...

Excerpt: ...f law regarding the sufficiency of the allegations set forth in the complaint. Lambert v. Carneghi (2008) 158 Cal.App.4 th 1120, 1126. The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Since it plays such a large role here in this demurrer, it is important to appreci...

Excerpt: ...ourt gives the pleading a reasonable construction. (CCP § 452; Miller & Lux v. San Joaquin Light & Power Corp. (1932) 120 Cal.App. 589, 602.) “[T]he determination of the sufficiency of the answer requires an examination of the complaint because its adequacy is with reference to the complaint it purports to answer.” (South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 733.) To the extent that new matter constituting an affirmative def...

Excerpt: ...se and scope of his employment. The salient facts are simple. On 12/14/17, at approximately 10:15am, plaintiff was summoned to the front office at Trabuco Hills High School to answer for an alleged dress code violation. She spoke with the assistant principal, Matthew Rainwater, who instructed her to go to the ladies' room and change her pants into a “loaner” pair of pants available to students who violate dress code. Plaintiff complied (plain...