Excerpt: ... to the litigation privilege, Plaintiffs cannot demonstrate a probability of prevailing on their 1 st, 2 nd, 4 th and 6 th through 11 th claims to the extent they are based on the protected conduct of Flynn's communication and dissemination of the contents of the recorded conversation in anticipation of and during litigation. However, as to the 3 rd c/a for breach of contract, the litigation privilege does not apply and Plaintiffs demonstrate the...

Excerpt: ... Secretary of State website. The process server did not ask for Zobrist but instead served a guest who did not live at the address. The process server threw the papers at the guest and left. Defendant argue Plaintiff failed to personally serve Defendant's agent or officers. Service was also effectuated at Zobrist's home, not at the Company's offices. Defendant has not received copies of the summons and complaint where service was attempted. Plain...

Excerpt: ... 3- 700(c) provides that an attorney may withdraw based on any of the following: (1) The client (a) insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by good faith argument for an extension, modification, or reversal of existing law, or (b) seeks to pursue an illegal course of conduct, or (c) insists that the member pursue a course of conduct that is illegal or that is prohibited under the...

Excerpt: ...ay, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleadings.” (CCP 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Plaintiff's Complaint alleges that Defendants' dietary supplements, “N...

Excerpt: ...yer's negligence in hiring or retaining an employee who is incompetent or unfit. [Citation.]” (Roman Catholic Bishop v. Superior Court (1996) 42 Cal.App.4th 1556, 1564–1565.) Negligence liability will be imposed upon the employer if it “knew or should have known that hiring the employee created a particular risk or hazard and that particular harm materializes.” (Doe v. Capital Cities (1996) 50 Cal.App.4th 1038, 1054.) As such, “Cali...

Excerpt: ... that defendants intentionally concealed or suppressed the fact with the intent to defraud the plaintiffs; (4) plaintiffs were unaware of the fact and would not have acted in the same way knowing of the concealed or suppressed fact; (5) that plaintiffs suffered damages; and (6) that defendants' fraudulent concealment was the cause of plaintiffs' damages. (Marketing <0003001900030026004400 004b0003001900130016>, 613.) All fraud actions are subject...

Excerpt: ... on the analysis below), and 3 rd causes of action, and SUSTAINED WITHOUT LEAVE as to the 2 nd and 4 th cause of action. ANALYSIS: Because the demurrers are virtually identical, they will be discussed together. Professional Negligence – 1 st C/A: Defendant demurs to the first cause of action on statute of limitations grounds. The Demurrer is sustained with 20 days leave to amend. An action for personal injury or death caused by the professional...

Excerpt: ...014 and Defendant has advanced almost $15,000 in funds to keep property taxes and homeowner's insurance current. The current amount due to pay off <0052005900480055000300 00030047005800480003>to Plaintiff's delinquency. Defendant argues that Plaintiff is manipulating the justice system to further delay non-judicial foreclosure. Defendant also argues the Court had no jurisdiction to enter the temporary restraining order given the pendency of the a...

Excerpt: ...Cross- Complaint that the guaranty is valid and there are emails from the owner of Defendant indicating the existence and validity of the guaranty. (2) There is uncontroverted evidence that Plaintiff fully performed the terms of the agreement by timely lending the funds to the Borrower. (3) It is undisputed that Defendant is in breach of the guaranty, and Defendant has acknowledged that it defaulted on the guaranty agreement and remains in defaul...

Excerpt: ...9 months before the trial date. Before the matter was transferred to Santa Monica, the PI court set the matter for trial on June 7, 2018 and this motion was filed on September 26, 2017. Defendant's objection based on timeliness is overruled. When matters are sent from the PI court to an IC, all future dates are vacated. This procedure is understandable since it would be impossible to an IC with its own calendar to adopt all trial dates set by ano...

Excerpt: ... Exhibit 4 – Temporary Restraining Order filed July 9, 2012 in Case No. SC117683; 5. Exhibit 5 – Preliminary Injunction dated November 11, 2010, in LACSC Case No. SC117683; 6. Exhibit 6 – Opinion of California Court of Appeal Case No. B230938 upholding the preliminary injunction. 7. Exhibit 7 – U.S. Bank's Unlawful Detainer action Case No. 12R04263 8. Exhibit 8 – Settlement Agreement 9. Motion for Summary Judgment filed April 2, 2013, i...

Excerpt: ... is a valid basis for demurrer. Though Plaintiff has pleaded the essential elements of professional negligence, Defendant cannot adequately respond to the claim without Plaintiff providing, at minimum, some general indication as to when the events giving rise to liability happened. It is difficult to imagine how any Defendant could admit or deny allegations that they did certain acts when there is no indication as to when the acts alleged took pl...

Excerpt: ...on any of the grounds under Rule 3-700(C). Rule 3- 700(c) provides that an attorney may withdraw based on any of the following: (1) The client (a) insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by good faith argument for an extension, modification, or reversal of existing law, or (b) seeks to pursue an illegal course of conduct, or (c) insists that the member pursue a course of conduct ...

Excerpt: ...iff's employment, termination, and pay is DENIED. No sanctions. (See below regarding the court's concern about the actions of counsel at the previous deposition). Plaintiff Gu moves to compel the deposition of Sherry Wang, Joseph Su, Sheena Tong, Bernice Navarro, and WHPM Inc.'s PMK per CCP 2025.450. If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designa...

Excerpt: ...s, and attorneys' fees for a total of $441,982.55. Failure to Tab Exhibits: Plaintiff's counsel should note: “Each paper exhibit must be separated by a hard 8 1/2 x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation.” CRC, rule 3.1110(f)(3). All parties are ORDERED to strictly comply with this rule or else risk their exhibits being rejected, struck, and/or disregarded, and/or a mon...

Excerpt: ...s: Plaintiff's counsel should note: “Each paper exhibit must be separated by a hard 8 1/2 x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation.” CRC, rule 3.1110(f)(3). All parties are ORDERED to strictly comply with this rule or else risk their exhibits being rejected, struck, and/or disregarded, and/or a monetary sanction. This order applies equally to fax filed papers and courte...

Excerpt: ...ction of documents is GRANTED. (CCP 2030.290, 2031.300.) Plaintiff Chou is ordered to respond to discovery without objections within 10 days. Sanctions are imposed against Plaintiff Chou in the sum of $1,835.00, payable within 30 days. Defendant Smith moves to compel responses to form interrogatories, special interrogatories, and request for inspection and production of documents, and for sanctions. CCP 2030.290(b) and 2031.300(b) allow the propo...

Excerpt: ...red within one year from the date of an accident. While the policy was effective, plaintiff was involved in an automobile accident, resulting in injury and reasonable medical bills to treat the injury. Nevertheless, defendant denied plaintiff's claim for benefits sought under the policy. Defendant denied coverage because it put its own economic interest ahead of plaintiff's and in retaliation for plaintiff's family members' making prior claims an...

Excerpt: ...tions limit the amount of damages awardable on default. The demand sets a ceiling on recovery. (Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) If no specific damages are alleged in the complaint, a prayer “for such other and further relief as the court deems just” will not support a default judgment for any specific sum. (See Becker v. S.P.V. Const. Co., Inc. (1980) 27 Cal.3d 489, 494‐ 495.) The Complaint prays for judgment “in excess of $...

Excerpt: .... ANALYSIS: If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories and RFAs. See Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220–221; Fairmont Ins. Co. v. Sup.Ct. (Stendell) (2000) 22 Cal.4th 245, 255. Where a party moves to compel further responses to requests for production, the moving party must demonstrate good cause, i.e. relevance to the...

Excerpt: ...respond was entirely the result of excusable neglect and/or reasonable mistake. Pursuant to CCP §418.10, the service and filing of a notice of motion to quash extends the defendant's time to plead until 15 days after service upon him or her of a written notice of entry of an order denying his or her motion, except that for good cause shown the court may extend the defendant's time to plead for an additional period not exceeding 20 days. ...

Excerpt: ...g two stays (April 11 to May 14, 2017 and June 13 to mid‐July 2017) causing dehydration, malnutrition, urinary tract infections, and septic shock. On August 21, 2017, plaintiff filed a complaint for (1) dependent abuse / negligent, (2) negligence, (3) violation of Health and Safety Code section 1430(B), and (4) willful misconduct. On December 19, 2017, North American filed this opposed demurrer to the first and fourth causes of action for insuf...

Excerpt: ...served on 10/22/17 and mailed on 10/24/17. Defendant Amazing LA Tours, Inc. was subserved on 12/20/17 with the complaint, summons and this application for writ of possession. Neither defendant has any equity in the collateral, because the outstanding balance on the Loan exceeds the FMV of the vehicle. No undertaking is therefore required. ...

Excerpt: ... relevant to the credibility of the process server's claim that Hart was personally served. Hart's only relevant testimony regarding the purported service consists of two sentences in ¶2 of her declaration: “The Proof of Service of the process server is not true. I was never served, much less personally served, with the summons and complaint for Plaintiff's unlawful detainer complaint.” Plaintiff's POS on Hart is properly completed by a regi...

Excerpt: ... Billips, Defendant's CEO, testifies that she did not know she was not allowed to file an answer on behalf of the corporation. Defendant submits a proposed answer. Based on this showing, Defendant allowed a default to be entered against it based on excusable neglect or mistake. Discretionary relief is therefore proper under CCP §473(b). The motion is unopposed. ...