Excerpt: ...ion agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) On July 5, 2019, plaintiff and Dynamic Nursing Services, Inc. entered into an alternative dispute resolution agreement. (Lutza Decl., ¶ 3, Ex. B.) It provides, “THIS ALTERNATIVE DISPUTE RESOLUTION AGREEMENT IS A WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR A DISPUTE RELATING TO EMPLOYEE'S EMPLOYMENT, WAGE AND HOUR ISSUE, OR TERMINA...

Excerpt: ...: (1) admissibility of the documents: authenticating the documents, getting foundation for them, and establishing hearsay exceptions; (2) establishing that defendant's officers, directors, or managing agents committed, ratified, or authorized the conduct shown in the documents. The opposition argues on the basis of only one objection: the “documents” (i.e., the deposition of its person most qualified about those documents) are not reasonably ...

Excerpt: ...for “intentional tort” (i.e., intentional infliction of emotional distress). On summary judgment, the court determines whether an opposing party cannot show evidentiary support for a pleading or claim, resulting in summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 (Aguilar).) The pleadings frame the issues on a motion for summary adjudication. (Howard v. Omni Hotels Management Corp. (2...

Excerpt: ...laintiff cannot get default judgment unless the complaint suffices to state a cause of action. Grappo v. McMills (2017) 11 Cal.App.5th 996, 1015.) Plaintiff seeks to quiet title to real property at 2644 S. Rimpau Blvd, Los Angeles, California 90016. For quiet title, CCP § 761.020 provides: The complaint shall be verified and shall include all of the following: (a) A description of the property that is the subject of the action. In the case of ta...

Excerpt: ...nly 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.) The moving party bears the initial burden of establishing there are no triable issues of material fact. (Aguilar, supra, 25 Cal.4th at p. 850.) The moving party may satisfy its initial burden by relying on the opposing party's “factually devoid discove...

Excerpt: ...” Fraud by concealment requires: (1) the defendant concealed or suppressed a material fact; (2) defendant had a duty to disclose the fact to plaintiff; (3) defendant intentionally concealed or suppressed the fact with intent to defraud plaintiff; (4) plaintiff must have been unaware of the fact and would have acted otherwise if she had known of the concealed fact; and (5) plaintiff suffered damage as a result of the concealment. (Boschma v. Hom...

Excerpt: ...ring: May 28, 2021 I. Defendants' Motion to Strike Doe Amendment and Proof of Service of Summons on CW Creations, Inc. and/or to Quash Service of Summons Defendants Medicali Holdings Inc., a California Corporation (Medicali CA), Medicali Holdings Inc., a Nevada Corporation (Medicali NV), and Charles Weinberger move to strike the Doe Amendment and service of summons on CW Creations, Inc. The moving defendants, however, lack standing to make this m...

Excerpt: ...defendants did not include a copy of the deed as required under CRC 3.1306(c). The request is DENIED. Misjoinder Defendants argue that plaintiff's wife, Linda Sittler, is an indispensable party under CCP § 389(a) because she purchased the subject property with Ronald Sittler. Linda Sittler's name does not appear in the complaint; defendant relies on the Grant Deed to show that she and Ronald purchased the property as joint tenants. The court doe...

Excerpt: ... a party fails to respond to requests for admission, the requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted. (CCP § 2033.280(b).) Failure to timely respond to requests for admission also waives any objection. (CCP § 2033.280(a).) On March 8, 2021, plaintiff served requests for admission, set two on defendant Chay. (Park Decl., ¶ 3, Ex. B.) Chay ...

Excerpt: ... Richfield Co. (2001) 25 Cal.4th 826, 849; CCP § 437c(p)(1).) Plaintiff's complaint alleges a single cause of action for breach of contract. 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.) “A settlement agreement is a contract, and the legal principles which apply to contracts general...

Excerpt: ...he answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible. (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral. Rather than denying the plaintiff's allegations, affirmative defenses assert new allegations that would defeat the plaintiff's claims. (CCP § 431.3...

Excerpt: ...orporation or unincorporated association created for the purpose of managing a common interest development.” Civil Code §§ 5660, 5675(e), 5705, and 5710 each impose requirements on common interest associations related to assessments and foreclosures. Although a homeowners association owes duties to its members, an agent of the association owes duties “to the ‘association' and its board of directors, not to individual owners of separate pr...

Excerpt: ...on-party Helen Shih, a purported agent of Chen. Chen lives in China (Chen Decl., ¶ 4) but has received actual notice. The statutes on constructive service are “liberally construed to effectuate service and uphold the jurisdiction of the court if actual notice has been received by the defendant.” (Pasadena Medi-Center Associates v. Superior Court (1973) 9 Cal.3d 773, 778.) But actual notice is not sufficient; plaintiff must substantially comp...

Excerpt: ...bitrate by attaching a copy of the arbitration agreement purportedly bearing the opposing party's signature.” (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1060 (Espejo).) Only after the opposing party “challenge[s] the validity of that signature” must the moving party “establish by a preponderance of the evidence that the signature was authentic.” (Ibid.) Defendant meets its initial burden. Exhibi...

Excerpt: ...) and Mark Goldberg move for summary judgment or, alternatively, summary adjudication of issues against plaintiff ProPortion Foods, LLC (ProPortion).1 BACKGROUND FACTS USI is an insurance agency. Mark Goldberg is an insurance agent who works at USI. USI and Goldberg procured a property and casualty policy from United Fire and Casualty Company (United Fire) for ProPortion with $25 million in policy limits: $10 million for business property coverag...

Excerpt: ...Under their lease, L.A. Care owes judgment debtor at least $19,973.05 monthly in rent until 2028. (Vahedi Decl., Ex. 2.) After paying its expenses, IHC nets about $18,500 per month. On average, IHC disburses the following monthly payments to its shareholders: (1) $7,500 to Mehrdad Setareh, (2) $6,500 to Kamran Setareh, and (3) $4,500 to Daniel and Sepehr Setareh. (M. Setareh Decl., ¶ 7.) CCP § 708.510(a) provides that courts may order a judgmen...

Excerpt: ... effects are subject to judicial notice under Evidence Code § 452(c) and (h). (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924, fn. 1; Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1116-1117.) The requests for judicial notice are GRANTED. Statute of Limitations A demurrer should be sustained where “the complaint shows on its face that the statute [of limitations] bars the action.” (E-F...

Excerpt: ...lity for simple or gross negligence by health care providers. Plaintiffs must plead and prove something more than negligence—that is, reckless, oppressive, fraudulent, or malicious conduct.” (Fenimore v. Regents of University of California (2016) 245 Cal.App.4th 1339, 1347, citations omitted (Fenimore).) In Fenimore, the court held that allegations of “more than a simple understaffing” suffice to show recklessness. (Fenimore, supra, 245 C...

Excerpt: ...laint. Plaintiff alleges that after it purchased an insurance policy from Sentinel, it suffered economic losses as a result of the COVID-19 pandemic and related actions by federal, state, and local authorities and California and federal courts. The Second Amended Complaint further states Sentinel wrongfully denied plaintiff's claim for coverage of these losses. Plaintiff prays for compensatory and punitive damages pursuant to its breach of contra...

Excerpt: ...CP § 437c(f)(1) provides: A party may move for summary adjudication as to… one or more issues of duty, if the party contends… that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. Plaintiff argues that whether RHC Automotive was his em...

Excerpt: ... documents that reference, summarize, or quote the confidential documents. A preliminary injunction is appropriate where the moving party is likely to succeed on the merits and the harm to the movant caused by denying the injunction would outweigh the harm to the opposing party from granting the injunction. (Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, 286.) There is a sliding scale between the two factors; more of one factor can make up f...

Excerpt: ...ruary 2020. (Complaint, ¶ 34.) Plaintiff filed two separate motions to quash or limit a total of 14 subpoenas for business records defendant The Rehabilitation Centre of Beverly Hills, Inc. served to various healthcare providers, facilities, and pharmacies. The subpoenas seek numerous types of medical records from March 1, 2018 to the present. Physician-Patient Privilege Plaintiff argues that the physician-patient privilege protects the records ...

Excerpt: ...� 452(d)(1). The request is GRANTED. Summary Adjudication Plaintiff moves for summary adjudication of seven issues: 1. “The issues which formed the basis for the criminal conviction of Defendant Pipatpol Kokilawatee of California Penal Code § 243.4(a) are barred from relitigation in this action by all parties based upon the Doctrine of Collateral Estoppel, and therefore there are no triable issue that: (1) an intimate part of Plaintiff's body ...

Excerpt: ...iff Michael Ben-Shoshan's claims. Defendant contends the parties settled the case after attending a mandatory settlement conference (MSC) with Judge Lisa Hart-Cole on November 6, 2019. In his moving papers, defendant did not disclose to the court that (1) he previously filed a motion to enforce the same purported settlement pursuant to Code of Civil Procedure section 664.6 and (2) Judge Susan Bryant-Deason, the judicial officer previously presidi...

Excerpt: ...iling to respond or to submit to an authorized method of discovery” (CCP § 2023.010(d)) and “[d]isobeying a court order to provide discovery.” (CCP § 2030.010(g).) Discovery sanctions should be imposed incrementally, “starting with monetary 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 ge...