Excerpt: ...tion against it. To establish a claim for elder abuse, plaintiff must prove (1) that California Rehabilitation Institute had a substantial caretaking or custodial relationship with plaintiff involving ongoing responsibility for his basic needs, which an able-bodied and fully competent adult would ordinarily be capable of managing without assistance; (2) that plaintiff was 65 years of age or older or a dependent adult while he was in California Re...

Excerpt: ...ntiff. Plaintiff's Objections to Defendant's Evidence Plaintiff's objections to Wu's declaration are overruled. Plaintiff has made objections to facts in the separate statement. Objections can be made to evidence pursuant to Rule of Court, rule 3.1354, but there is no authority for making objections to facts. The objections were not considered. Defendant's Objections to Plaintiff's Evidence Objection number 1 sustained, all others overruled. Moti...

Excerpt: ...nc., the only agreement between the parties which contains an arbitration agreement. Plaintiff argues the FAA does not apply to the agreement, as the agreement is governed by Massachusetts law. Plaintiff follows with the argument that when a Massachusetts company has a contract with its employee in California, and the agreement specifies that Massachusetts law applies, Massachusetts defers to California employment law, and an employee cannot be f...

Excerpt: ...t. (1989) 213 Cal. App. 3d 1045, 1047.) “If discovery and investigation develop factual grounds justifying a timely amendment to a pleading, leave to amend must be liberally granted.” (Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596.) “‘“[I]t is irrelevant that new legal theories are introduced as long as the proposed amendments 'relate to the same general set of facts….”'” (Atkinson v. Elk Corp. (2003) 109 Cal. App. 4th 739, 76...

Excerpt: ...fifth causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action. Demurrer to Entire Complaint by Defendant Chad Carney Carney demurs to the entire complaint on the grounds that his liability is based solely on alter ego, and the allegations of alter ego are insufficient. A demurrer is the proper pleading to challenge alter ego allegations when it is the sole basis for liability. As to the first cause...

Excerpt: ...documents or information, defendant shall simultaneously serve a privilege log with the document production that, at a minimum, identifies each document for which a privilege or privacy right is claimed, its author, recipients, date of preparation, and the specific privilege or privacy right claimed. The remainder of the motion is denied. 1. The term “YOU,”“YOUR,” and “DEFENDANT” shall mean Defendant GENERAL MOTORS, LLC; and any and a...

Excerpt: ...e contract by UMG failing to promptly correct the defect which prevented ROK's customers from downloading approximately half of the music content provided by UMG for more than a year. Objections to Evidence ROK's objections to UMG's evidence: overruled. <0048001d00030052005900 > Motion for Summary Judgment or in the Alternative Summary Adjudication A defense of estoppel requires the party to be estopped was apprised of the facts; that party inten...

Excerpt: ...on under Section 2032.310 only for good cause shown. (b) If a party stipulates as provided in subdivision (c), the court shall not order a mental examination of a person for whose personal injuries a recovery is being sought except on a showing of exceptional circumstances. (c) A stipulation by a party under this subdivision shall include both of the following: (1) A stipulation that no claim is being made for mental and emotional distress over a...

Excerpt: ...they would have entered default had it not been rejected. The file does not reflect that a request to enter default was ever filed. The parties have both argued that there was an agreement, although they differ on the contents of that agreement. The court is not inclined to make a determination here as to the agreement of time to respond to the complaint. Plaintiffs have not shown prejudice as they have opposed the demurrer. First Cause of Action...

Excerpt: ...mproperly alleged on information and belief, which causes the entire complaint to fail to state facts sufficient to constitute a cause of action and be uncertain. Complainants may state allegations on information and belief, where matters are not within their personal knowledge, and information leads them to believe the allegations are true, including the information that leads them to have the belief. (Doe v. City of Los Angeles (2007) 42 Cal.4t...

Excerpt: ...nagement conference is also continued to October 7, 2019. Defendants shall give notice. On February 13, 2019, plaintiff Shan Fu Seun filed a complaint asserting claims for breach of contract, fraud, negligent misrepresentation, intentional interference with contractual relationship and negligent interference with contractual relationship arising out of the defendant Ben Huan Lee's, Eun Zoo Lee's and Robert Sang Lee's conduct in a real estate tran...

Excerpt: ...0056000300 00510011> The elements of fraud are: “(a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.” (Charnay v. Cobert (2006) 145 Cal.App.4th 170, 184.) “The particularity demands that a plaintiff plead facts which show how, when, where, to whom, and by what means the rep...

Excerpt: ...redecessor performed its obligations under the contract and whether any lack of performance excused ROK's obligations under the contract by UMG granting ROK's competitors rights the ROK had requested and was denied after UMG promised it would not do so, and granting those rights to competitors put ROK in the position of not being able to compete in the marketplace. Applications to File under Seal Plaintiff has filed an application to file documen...

Excerpt: ...real property and develops the properties as shopping centers, self- storage facilities and apartment complexes. Westbrook Development, LLC, an affiliate of plaintiff, has assigned its claims to Westbrook. Defendant currently provides no services to plaintiff and has no interest in it. Defendant held himself out as a representative of Westbrook, renting space and collecting rent and key money, which he kept. Defendant provides no current services...

Excerpt: ... amend. Feldman is to file an answer to the complaint within 20 days. Request for Judicial Notice Feldman requests judicial notice of the lease and the trust. Courts have taken judicial notice of contracts not attached to complaints, where the complainants provided or referenced them with their briefing, without objection. (San Francisco Unif. Sch. Dist. ex rel. Contreras v. Laidlaw Transit, Inc. (2010) 182 Cal. App. 4th 438, 444 n.5.) None of th...

Excerpt: ...d compelling reasons, prejudice absent sealing and the lack of less- restrictive means, before ordering filed documents sealed. (McGuan v. Endovascular Technologies, Inc. (2010) 182 Cal.App.4th 974, 988, “the protection of trade secrets is an interest that can support sealing records . . . .”.) A proposed sealing must be narrowly tailored to serve the overriding interest, such as by sealing portions of pleadings or redacting particular text. ...

Excerpt: ... privacy over any of the responsive documents or information, Defendant shall simultaneously serve a privilege log with the document production that, at a minimum, identifies each document for which a privilege or privacy right is claimed, its author, recipients, date of preparation, and the specific privilege or privacy right claimed. The remainder of the motion is denied. 1. The term “YOU,”“YOUR,” and “DEFENDANT” The court finds tha...

Excerpt: ...ssible evidence establishing the elements of her cause of action. Summary adjudication is denied as to issue 3 as defendant failed to meet its burden of establishing that plaintiff cannot obtain evidence in support of the elements of her cause of action and failed to establish that it did not engage in retaliatory acts against plaintiff. Summary adjudication is denied as to issue 4 as summary adjudication was not granted as to issues 1, 2 and 3. ...

Excerpt: ...sentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.” (Charnay v. Cobert (2006) 145 Cal.App.4th 170, 184.) In California, fraud, including negligent misrepresentation, must be pleaded with specificity. (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 184.) “The particularity demands...

Excerpt: ...the allocation of the settlement among plaintiffs, the settlor's financial condition and insurance policy limits; and evidence of collusion, fraud or tortious conduct between settlor and plaintiff to make nonsettling parties pay more than their share. (Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488.) The burden is on parties claiming a lack of good faith. (Code Civ. Proc., § 877.6, subd. (d).). Competent evidence is required fro...

Excerpt: ...n for conspiracy on the grounds that they fail to state facts sufficient to constitute a cause of action and the seventh cause of action is uncertain. Sixth Cause of Action for Elder Abuse “Section 15610.30, subdivision (a), provides that financial abuse of an elder or dependent adult occurs where a person takes or assists in taking real or personal property of such an adult to a wrongful use or with an intent to defraud, or both.” (Wood v. S...

Excerpt: ...t party are not required to show that the nonresident will not win at trial, but only need to demonstrate with substantial evidence that it is “reasonably possible” that moving party would prevail. (Baltayan v. Estate of Getemyan (2001) 90 Cal.App.4th 1427, 1432-1433.) There is no dispute that plaintiff resides out of the state, and defendants are California residents. Defendants have provided evidence that demonstrate it is reasonably possib...

Excerpt: ... state facts sufficient to constitute a cause of action and the seventh cause of action is uncertain. Sixth Cause of Action for Elder Abuse “Section 15610.30, subdivision (a), provides that financial abuse of an elder or dependent adult occurs where a person takes or assists in taking real or personal property of such an adult to a wrongful use or with an intent to defraud, or both.” (Wood v. Santa Monica Escrow Co. (2007) 151 Cal. App. 4th 1...

Excerpt: ...ctions of $2160 within 30 days. Defendant/cross-complainant Magdy moves for issue or evidence sanctions against plaintiff/cross-defendant on the grounds that he failed to obey the court's order of February 6, 2019, without substantial justification. A document response must consist of: 1) an agreement to comply, stating whether the productions or inspection will be allowed “in whole or in part,” and that all documents or things in the possess...

Excerpt: ...he property. Defendants failed to manage the property, leaving it in a dangerous condition. It has insect infestations, mold, a gas leak, defective shower among others conditions. Defendants are aware of the conditions. The complaint alleges causes of action in: (1) breach of the warranty of habitability' (2) unjust enrichment; (3) unfair competition; (4) violation of LARSO; (5) negligence; (6) elder abuse; and (7) conspiracy. Defendant Cole demu...