Excerpt: ...” (Knox v. Dean (2012) 205 Cal.App.4th 417, 432, internal quotes and citations omitted.) The complaint alleges only the first element. It alleges defendants Kingdom Business Real Estate, Inc. and Rhee were plaintiff's real estate agents. (Comp., ¶ 33.) The complaint fails to allege facts constituting breach of a fiduciary duty. “[A]ctionable misrepresentations must pertain to past or existing material facts. [Citation.] Statements or predict...

Excerpt: ...cle at any time after the dispute over fees, costs, or both, has arisen. In the absence of such an agreement, either party shall be entitled to a trial after arbitration if sought within 30 days, pursuant to subdivisions (b) and (c)… . (b) If there is an action pending, the trial after arbitration shall be initiated by filing a rejection of arbitration award and request for trial after arbitration in that action… . (c) If no action is pending...

Excerpt: ...C's finances Arable must respond to these requests. Arable argues some documents do not exist. That is not a valid objection. It is a basis for providing a substantive sworn response at the deposition to the request. (See CCP § 2031.230 [describing inability to comply statement in response to written demand for production of documents].) Arable also argues plaintiff already has the responsive documents and information. In contrast with interroga...

Excerpt: ... 10 Cal.App.4th 1374, 1384.) Causes of action are identical when either would serve as res judicata or claim preclusion of the other. (Ibid.) There is already another action pending between the same parties on plaintiff Along Comes Mary, LLC's first cause of action for breach of contract. In case No. 18STLC02532, Premium Escrow, Inc. filed a complaint in interpleader against Along Comes Mary, LLC, Charlie Lac, and Ying Chin Wu. An answer to an in...

Excerpt: ...inning January 1, 2015, and ending January 1, 2018). 3. Performance evaluations and reviews. 4. Complaints by employees about Ms. Rael. 5. Complaints by Ms. Rael about employees. 6. Disciplinary actions pertaining to Ms. Rael. 7. Termination documents pertaining to Ms. Rael. (Separate Statement p. 2.) Defendant agreed to strike category one. (Opp., p. 5.) Plaintiff argues these document requests violate her constitutional privacy rights. “The p...

Excerpt: ...l notice under Evidence Code § 452(d)(1). The court may take judicial notice of their existence and legal effects but not the truth of facts asserted therein. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1569.) All requests for judicial notice are granted. Evidentiary Objections Defendant makes nine objections to the declaration of Anne Kihagi dated July 15, 2019. Objection Nos. 2, 4, and 6 to 9 are sustained. Objection Nos. 1, 3, and 5 are ove...

Excerpt: ...rties do not dispute that defendant S & H is one of the “Brothers' Collectively Owned Entities.” Plaintiff Daniel Horwath opposes the motion on five grounds. First, plaintiff alleges S & H is merely a nominal defendant, so there is no dispute between him and the corporation subject to the arbitration agreement. Plaintiff relies solely on Patrick v. Alacer Corp. (2008) 167 Cal.App.4th 995. There, the court held that “a nominal defendant corp...

Excerpt: ...ovides, “In any action for damages arising out of the professional negligence of a health care provider, no claim for punitive damages shall be included in a complaint” without a court order upon a motion by the plaintiff. The plaintiff must establish “there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294 of the Civil Code.” This motion is not properly before the court because plaintiff's...

Excerpt: ...). Timeliness Rajesh Jogani argues the motion is untimely with respect to him. A motion to compel a deponent to answer questions asked at deposition “shall be made no later than 60 days after the completion of the record of the deposition.” (CCP § 2025.480(b).) Rajesh argues the record of the deposition was completed in 2017. In this motion, the Haresh parties move to compel Rajesh to answer questions asked at his deposition on February 22, ...

Excerpt: ...e causal connection between the breach and the resulting injury; and (4) actual loss or damage resulting from the attorney's negligence.” (Coscia v. McKenna & Cuneo (2001) 25 Cal.4th 1194, 1199.) Defendant argues plaintiff fails to plead causation. Plaintiff alleges, inter alia, that defendant breached its duty of care by not retaining an expert in a patent case involving a complex medical device. (Comp., ¶¶ 32-36.) Defendant argues failure t...

Excerpt: ... compel arbitration of plaintiff Paul Rodriguez's causes of action and to stay this case pending arbitration. Rodriguez does not dispute that the Restricted Stock Unit Agreement (RSU) (Rodriguez Decl. ISO TRO, Ex. C) requires him to arbitrate this action. The only dispute concerns whether the court should sever the Illinois choice-of-law clause.[1] I. The delegation clause is enforceable “Parties to an arbitration agreement may agree to delegat...

Excerpt: ... for summary adjudication must show “that one or more elements of the cause of action… cannot be established, or that there is a complete defense to the cause of action.” (CCP § 437c(p)(2).) Once the defendant does so, the burden shifts to the plaintiff to show a triable issue of at least one material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) Plaintiff's fifth cause of action alleges failure to reimburse busines...

Excerpt: ...ed and Akshi Investments Limited (Haresh parties) move for summary judgment or summary adjudication of the first through third and fifth through eighth causes of action in Rajesh Jogani's second amended cross-complaint and Chetan Jogani's third amended cross- complaint. A. Partnership Agreement The Haresh parties argue the oral partnership agreement underlying Rajesh's and Chetan's causes of action is uncertain and unenforceable. The court declin...

Excerpt: ... discovery method” if: (1) The discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive. (2) The selected method of discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation. This is a lemon law case about plaintiff's 2018 Cadil...

Excerpt: ...different facts or law earlier. (California Correctional Peace Officers Assn. v. Virga (2010) 181 Cal.App.4th 30, 46; Baldwin v. Home Sav. of America (1997) 59 Cal.App.4th 1192, 1200.) Plaintiff fails to show diligence. Plaintiff's motion relies on the following “different facts”: testimony from her deposition taken on December 16, 2019 (Pardo Decl., Ex. 3, Transcript) and internal emails from Kia sent in June 2017 (Pardo Decl., Ex. 4). She f...

Excerpt: ...es three causes of action: (1) specific performance, (2) quiet title, and (3) declaratory relief. All three arise from an alleged contract executed in 2017. (Comp., ¶¶ 7-32, Ex. A.) It is undisputed that defendant Victor Manuel Orellana has “lived in Orange County for over 20 years” and has “never resided in Los Angeles County.” (V. Orellana Decl., ¶ 2.) Defendant states, “The agreement was written and signed in my presence in Orange...

Excerpt: ...5.450(b)(2) requires the moving party to meet and confer. “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) Defendant served objections to the deposition notice on February 9, 2022. (Galaviz Decl., ¶ 5, Ex. 2.) The same day, plaintiff's counsel sent an email asking defendant to withdraw its ob...

Excerpt: ...plaintiff and a third party; (2) defendant's knowledge of this contract; (3) defendant's intentional acts designed to induce a breach or disruption of the contractual relationship; (4) actual breach or disruption of the contractual relationship; and (5) resulting damage.” (Pacific Gas & Electric Co. v. Bear Stearns & Co. (1990) 50 Cal.3d 1118, 1126.) Pico fails to allege facts—rather than conclusions—regarding the first element. It vaguely ...

Excerpt: ...on for violation of the Rosenthal FDCPA. Defendant Pamela Abbott Moore also moves for judgment on the pleadings on the 15th and 16th causes of action. Extrinsic Evidence Both motions make several arguments relying on extrinsic evidence—a letter sent to Muldrow on October 26, 2016. “Presentation of extrinsic evidence is … not proper on a motion for judgment on the pleadings.” (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999....

Excerpt: ...demurrers or motions for summary judgment.” (Deveny v. Entropin, Inc. (2006) 139 Cal.App.4th 408, 425.) The sham pleading doctrine does not apply because plaintiffs did not omit any harmful allegations from the initial complaint. There were no harmful allegations on the relevant topic—the delayed discovery rule. Wiseman contends that the first amended complaint fails to allege sufficient facts to rely on that doctrine. (Demurrer, p. 7.) Wisem...

Excerpt: ...t (FAC) relating to specific performance: 1. Paragraph 53, page 11, lines 16-22: “As an actual and proximate cause of the breach of the contract, Ms. Chen has suffered, and will continue to suffer, irreparable damage for which there is no adequate remedy at law. Ms. Chen is entitled to a decree of specific performance enforcing Ms. Chen's right under the UPA to permit a fair and transparent valuation process, namely to have an independent, mutu...

Excerpt: ... first amended cross-complaint fails to allege sufficient facts for this cause of action. Breach of contract requires: (1) a contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) resulting damages. (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) Gur fails to allege a valid contract. He alleges an oral agreement to buy Mark and Gila Standring's interest in real property. Agreements for the sale...

Excerpt: ...th seven grounds for a motion for new trial. In his notice of motion, plaintiff cites all seven grounds. But in his memorandum of points and authorities, he only discusses three statutory grounds, namely an irregularity of the proceedings (§ 657(1)), misconduct of the jury (§ 657(2)), and inadequate damages (§ 657(5)). Under article VI, section 13 of the California Constitution, the court generally cannot grant a new trial unless, “after an ...

Excerpt: ...oceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” "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.) DOOH Transport Services, LLC, Erroneously Sued as LED Truck, LLC The court cannot set aside default against DOOH Tran...

Excerpt: ...cepted by the Department of Fair Employment and Housing is an official act of a government agency subject to judicial notice under Evidence Code § 452(c). Defendants' request for judicial notice is granted. (1) Judgment on the Pleadings Defendants Valley Intercommunity Council, Inc. and Beverly Ventriss move for judgment on the pleadings based on the statute of limitations. “A motion for judgment on the pleadings is equivalent to a demurrer an...