Excerpt: ... a reasonable interpretation by reading it as a whole and all its parts in their context” but do not “assume the truth of contentions, deductions, or conclusions of fact or law.” (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) Plaintiff's complaint alleges three causes of action: (1) conversion, (2) violation of Penal Code § 496, and (3) claim and delivery. All three causes of action arise from the allegation that...

Excerpt: ... or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceedings.” (CCP § 1286.) Courts have limited authority to vacate an arbitration award. “A court's power to correct or vacate an erroneous arbitration award is closely...

Excerpt: ... award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceedings.” (CCP § 1286.) Courts have limited authority to vacate an arbitration award. “A court's power to correct or vacate an erroneous arbitration award is closely circumscribed.” (Heimlich v. Shivji (2019) 7 Cal.5th 350, 367.) “An arbitrator's...

Excerpt: ...a duces tecum. Notice of the bringing of that motion shall be given to the witness and deposition officer at least five days prior to production.” (CCP § 1985.3(g).) Wells Fargo's subpoena to Open Path Counseling Center specifies the date for production was September 30, 2022. (Olsen Decl., Ex. 4.) Plaintiff filed this motion on November 7, 2022. Plaintiff did not file any proof of service of the moving papers—not on defendants, the deponent...

Excerpt: ...erving a represented party electronically, the serving party shall confirm by telephone or email the appropriate electronic service address for counsel being served.” That provision does not apply because this motion was not when defendant “first” served plaintiff electronically. When defendant opposed a prior motion by plaintiff, it served the opposition on plaintiff via that same email address. Moreover, all of plaintiff's papers, beginni...

Excerpt: ...her potential issues. WGA is attempting to enforce an arbitration clause in a collective bargaining agreement. “For disputes arising under collective bargaining agreements, there is a ‘presumption of arbitrability,' under which a court should order arbitration of a grievance ‘ “unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute.” ' ” (City ...

Excerpt: ...ent's existence via admissible evidence. A motion to compel arbitration is “a summary proceeding.” (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1057.) The moving party can meet the “initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement purportedly bearing the opposing party's signature.” (Id. at p. 1060.) For this initial burden, “ ‘it is not necessary...

Excerpt: ... 11, 20, 29, 32, and 34 are sustained. Objection Nos. 1, 4-6, 8, 12-19, 21-28, 30, 31, 33, and 35-42 are overruled. Summary Judgment or Adjudication Courts grant summary judgment or adjudication where no triable issues of fact exist and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c); Villa v. McFerren (1995) 35 Cal.App.4th 733, 741.) A defendant moving for summary judgment must show “that one o...

Excerpt: ... inadvertence, surprise, or excusable neglect.” (CCP § 473(b).) “Because the law favors disposing of cases on their merits, ‘any doubts in applying section 473 must be resolved in favor of the party seeking relief from default.' ” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980.) Defendants meet their burden of showing the default against them resulted from mistake, inadvertence, surprise, or excusable neglect. The clerk entered their d...

Excerpt: ...show a triable issue of at least one material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) The opposing defendants “shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a defense thereto.” (CCP § 437c(p)(1).) Triable Issues of Material Fact Plaintiff alleges three causes of action: (1) public nuisance, (2) narcotics abatement, and (3) unfair competition....

Excerpt: ...ealed the fact with intent to defraud plaintiff; (4) plaintiff must have been unaware of the fact and would have acted otherwise if he had known of the concealed fact; and (5) the omission caused damages. (Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248.) A cause of action for fraud requires specifically pleading each element. (Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4th 1356, 138...

Excerpt: ..., or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.” (CCP § 2025.480(a).) Testimony about other employees Plaintiff moves to compel Thana, Inc. to answer the following question: “So who were the co-workers of plaintiff during the time he worked for Douglas burgers?” Defense coun...

Excerpt: ...premises. (Demurrer, pp. 3-4; RJN, Ex. 1.) Selling the premises does not mean plaintiff lacks standing to sue under the lease for debts incurred before the sale. “A transferor of an interest in the leased property retains the benefit of an express promissory obligation under the lease, which benefit he held before the transfer, to the extent the benefit is not assigned by the transferor and does not run with the transferred interest.” (Rest.2...

Excerpt: ...erve responses to form interrogatories – general, set one, special interrogatories, set one, and requests for production, set one. When a party fails to timely respond to interrogatories or demands for inspection, the requesting party may move for an order compelling responses. (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [demands for inspection].) Failure to timely respond waives any objections. (CCP §§ 2030.290(a); 2031.300(a).) It ...

Excerpt: ...er Compelling Responses When the responding party fails to timely respond to interrogatories or requests for production, the requesting party may move for an order compelling responses. (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [request for production].) Failing to timely respond waives any objections. (CCP §§ 2030.290(a); 2031.300(a).) Plaintiff served the discovery requests on defendants 5 Star K-9 Academy, Inc. and Ekaterina Korot...

Excerpt: ...ary sanctions and ending with the ultimate sanction of termination.” (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604.) “[A] terminating sanction should generally not be imposed until the court has attempted less severe alternatives and found them to be unsuccessful and/or the record clearly shows lesser sanctions would be ineffective.” (Ibid .) Terminating sanctions are “ ‘ordinarily a drasti...

Excerpt: ...close the fact to plaintiff; (3) defendant intentionally omitted or concealed the fact with intent to defraud plaintiff; (4) plaintiff must have been unaware of the fact and would have acted otherwise if he had known of the concealed fact; and (5) the omission caused damages. (Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248 (Boschma).) Generally, “[e]very element of the cause of action for fraud must be alleged in the proper m...

Excerpt: ...urs to cross-complainant Rumina Balasanyan's first amended cross-complaint based on the doctrine of res judicata. “Res judicata or claim preclusion precludes the relitigation of a cause of action that previously was adjudicated in another proceeding between the same parties or parties in privity with them. [Citation.] Res judicata applies if (1) the decision in the prior proceeding is final and on the merits; (2) the present proceeding is on th...

Excerpt: ...nder this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceedings.” (CCP § 1286.) Courts have limited authority to vacate an arbitration award. “A court's power to correct or vacate an erroneous arbitration award is closely circumscribed...

Excerpt: ...Rose was “the majority shareholder” (¶ 42). Defendant Paul Payne III is a certified public accountant. (Comp., ¶ 4.) In a scheme to take plaintiffs' shares in the corporation, Rose hired Payne to falsify the corporation's 2021 tax return. (¶¶ 14-17.) Plaintiffs allege that, based on over a decade of Century Rooter and Jetting Service, Inc.'s prior tax returns, Payne knew they each owned 24.5%. (¶ 15.) Payne, however, prepared a tax retur...

Excerpt: ...d confer as required before filing this motion. “A determination of whether an attempt at informal resolution is adequate … involves the exercise of discretion.” (Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) Plaintiff made an adequate attempt to meet and confer. Though plaintiff filed these motions shortly after counsel agreed to hold a phone call two days later, plaintiff had to do so to provide timely notice of the motions b...

Excerpt: ...cial policy favors resolution of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Courts exercise their discretion “liberally to permit amendment,” and “[t]he policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Cross-defendants Nile Niami an...

Excerpt: ... filed this action, a petition for writ of mandate to compel inspection of books, in June 2020. Respondents moved to compel arbitration, and the court ordered the parties to arbitrate this dispute. On May 13, 2022, the arbitrator issued an award of $90,600.22 for petitioner for “Attorneys' Fees of $78,907.50” as set forth in two orders granting attorney fees and costs (Levinson Decl. ISO Petition to Confirm Arbitration Award, Ex. B, Final Awa...

Excerpt: ...of compliance with the demand is incomplete,” “[a] representation of inability to comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310(a).) Plaintiff made objections that were too general. His response began with numerous “general objections,” which are improper. Plaintiff also made meritless objections. To nearly all requests, plaintiff responded only, ...

Excerpt: ...e via admissible evidence. A motion to compel arbitration is “a summary proceeding.” (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1057 (Espejo).) The moving party can meet the “initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement purportedly bearing the opposing party's signature.” (Id. at p. 1060.) For this initial burden, “ ‘it is not necessary to f...