Excerpt: ...e court on the basis of affidavits served wit h the notice of hearing and any counteraffidavits filed in response. (Id. at § 877.6(b).) A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co -obligor from any further claims against the settling tortfeasor or co -obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or compa...

Excerpt: ...irst, the court disagrees with L.A. Care that County of Santa Clara v. Superior Court (2023) 14 Cal.5th 1034 stands for the proposition that Plainti
¯s are limited to a quantum meruit claim. In County of Santa Clara, the California Supreme Court considered whether a lawsuit for reimbursement of emergency medical services may be maintained against a health care service plan operated by a public entity or whether the Government Claims Act immunize...

Excerpt: ...presented evidence that discovery in this matter would result in the production of conÞdential and proprietary documentation. (Newman Decl., ¶ 4.) Further, the parties agreed a protective order is warranted, and they agreed to the language of the protective order. (Newman Decl., ¶¶ 89.) 2. Motion for Judgment on the Pleadings The court DENIES American Express's motion for judgment on the pleadings – as to (1) the Cross- Complaint Þled by C...

Excerpt: ...d or supplemental proof of service on the clients, to be filed no later than 5 court days before the continued hearing date of 1/26/24 (i.e., by 1/19/24). As of 1/25/24, counsel has not filed a new proof of service. 2. Motion for Summary Judgment The court GRANTS Plaintiff NATIONAL FUNDING, INC's motion for summary judgment on its Complaint. The Complaint alleges causes of achon for breach of contract (against defendant M&M Custom Builders, LLC) ...

Excerpt: ...ion; and SUSTAINS defendants Bridgemed Solutions ("Bridgemed") and Tara Kupumbat's demurrer to the fourth, eighth, and tenth causes of achon with 20 days leave to amend. Entire Complaint (re Plaintiff's Capacity to Sue) — OVERRULED Defendants contend plaintiff lacks capacity to sue because Plaintiff failed to comply with the statutory requirements to do business in California by obtaining a certificate of qualification as described in Corporati...

Excerpt: ...enant of quiet enjoyment, and 8) nuisance. The court SUSTAINS in part, and OVERRULES in part, the demurrer. Entire FAC as to Plaintiff Hang Vu - SUSTAINED As Kona Kai notes, the FAC names Hang Vu as a Plaintiff but never alleges any facts about Plaintiff Vu. Plaintiffs did not address this issue in any Opposition. Indeed, the first page of the Opposition filed states only "that Plaintiff Tony Kennedy opposes the demurer and motion to strike." As ...

Excerpt: ...gful use or with intent to defraud, or both. (2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. (3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in ...

Excerpt: ...broad but said that Plaintiff "will produce all responsive, nan-privileged documents in his possession, custody or control." Plaintiff then produced redacted portions of a 1998 agreement between Plaintiff and nonparties Peter Bowie and GV-Newport and portions of a Schedule of Notes Payable. Plaintiff apparently redacted portions of the documents because he deems those portions irrelevant to this lawsuit and states the information at issue contain...

Excerpt: ...ta Ana, California. Defendant's "actions or inactions caused a dangerous condition for pedestrians like Plaintiff," and "the condition was created by employees of the defendant public entity." Defendant had "constructive notce of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it." Defendant is a public entity. Except as prov-ded by statute, a public entity is liable for injury caused by a dangero...

Excerpt: ...mmary judgment meets his burden of showing there is no defense to a cause of action that party has proved each element of the cause of action entitling the party to judgment on the cause of action. (Code Civ. Proc„ S 437c(p)(1).) Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. (ld.) Plaintiff's Complaint a...

Excerpt: ...ance, (3) defendant's breach, and (4) the resulting damages to the plaintiff. [Citation.]" (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821; accord, JRK Property Holdings, Inc. v. Colony Ins. Co. (2023) 96 Cal.App.5th 1, 13.) "'A written contract may be pleaded either by its terms—set out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated therein by reference—or by its legal effect. [Ci...

Excerpt: ...on for medical malpractice are: (1) a duty to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise; (2) a breach of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage." (Johnson v. Superior Court (2006) 143 Cal.App.4th 297, 305). The two main elements that all moving Defendants raise are standard of care and causation. Defen...

Excerpt: ...se of action for breach of fiduciary duty are the existence of a fiduciary relationship, breach of fiduciary duty, and damages.... And the elements of a cause of action for breach of contract are (1) the existence of the contract, (2) plaintiffs performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff." (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 820-821, citations omitted.) He...

Excerpt: ...(a)(4), (c).) FEHA claims are one such exception. (See Williams v. Chino Valley Independent Fire Dist. (2015) 51 Cal.4th 97, 99—100.) "[A]n unsuccessful FEHA plaintiff should not be ordered to pay the defendant's fees or costs unless the plaintiff brought or continued litigating the action without an objective basis for believing it had potential merit." (Ibid.) The FEHA exception also applies "to any other cause of action that is intertwined a...

Excerpt: ...treatments" (Compl., '1 33), • "negligently failed to warn Plaintiff' "of the dangerous effects of the laser hair removal procedure and that the procedure constituted a hazard to Plaintiff's health and safety" (Compl., 35) and • "failed to adequately train, educate, and supervise those persons operating under their supervision and control" (Compl., '1 36). The court finds that Defendants failed to meet their burden on summary judgment. First,...

Excerpt: ... by jury in an equitable action. The Complaint, the operative pleading, contains a single cause of action for partition of real property pursuant to Sections 872.210 and 872.230 of the Code of Civil Procedure. "Historically, there were separate law and equity courts." (Hoopes v. Dolan (2008) 168 Cal.App.4th 145, 155.) "The aw courts dealt with ordinary property rights, debts, and trespasses and adjudicated disputes by I-ve testimony before a lay ...

Excerpt: ...riminal remedies for the alleged contempt. To the extent, Plaintiff is requesting criminal remedies, the request is denied pursuant to Section 1385 of the Penal Code. It makes little sense to proceed with what was traditionally considered a "quasi-criminal" proceeding in order to recover discovery sanctions of $1,500, which were ordered to be jointly and severally paid by Defendant Niguel Pointe Homeowners Association and its counsel of record (S...

Excerpt: ...ts a pleading, motion, or similar paper to the court, the person filing the paper makes an implied "certification" that: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (2) The claims . . and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of exist...

Excerpt: ...1 st C/A (breach of contract): "[Tlhe elements of a cause of action for breach of contract are (1) the existence of the contract, (2) plaintiffs performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff." (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) Here, Plaintiff established the existence of the contract (UMF 1), Plaintiffs performance (UMF 10-11), Defendant Cyprus Point'...

Excerpt: ... from those terms contained in written and oral communications with Defendant Valencia on 10/15/2018. (SAC 26- 27.) The elements of a cause of action for breach of contract are: (i) existence of the contract; (ii) Plaintiff's performance or excuse for nonperformance; (iii) Defendant's breach; and (iv) damage to plaintiff resulting therefrom. (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811.) On 3/10/2023, the court sustained NAF's demurre...

Excerpt: ...an unusual matter involving defaulted parties and related actions concerning the same real property and opposing requests to quiet title. Hung Do ("Do") filed the first action Do v. Dinh, 2019-01072630 (the "Lead Case") on 5/24/19 against Dinh, Nguyen and others. Before being served and before default was entered against Nguyen in the Lead Case on 2/8/22, Nguyen (along with others) filed a separate action on 4/15/21 against Do, Dinh (later dismis...

Excerpt: ...dered by the court to provide responses to discovery, continued failure to respond may result in the imposition of more severe sanctions. (See, e.g., Code Civ. Proc., S 2031.300(c) [requests for production].) The discovery statutes evince an incremental approach to discovery sanctions, starting with monetary sanctions and ending with the ultimate sanction of termination. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992.) In the cas...

Excerpt: ...dicial notice. Plaintiff moves for summary judgment as to the sole cause of action in complaint for partition by sale of the property located at 14821 Riata Street, Midway City, CA 92655 (the "Subject Property"). The Complaint prays for a judgment against defendants for partition by sale of the Subject Property. Parttion is an equitable action governed by statute to determine interests in real property. (Code Civ. Proc., SS 872.010 et seq.; see N...

Excerpt: ...r to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorneys' fees in addition to other costs. (See also Code Civ. Proc., S 1033.5(a)(10)(A).) Reasonable attorneys' fees shall be fixed by the court and shall be an element of the costs of suit. (Code Civ. Proc., S 1717(a).) O...

Excerpt: ...w, the Complaint contains suffcient allegations to overcome the general demurrer and the causes of action are also not uncertain. (See Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616 ["A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures." l.) Re 2nd C/A (nuisance) To establish a private nuisance cause of a...