Excerpt: ...rence is continued to June 26, 2018 at 8:30 a.m. This matter was originally heard on March 19, 2018, the matter was continued to April 17, 2018, after Plaintiffs requested a continuance to conduct discovery on the issue of jurisdiction. However, Plaintiffs have not submitted any additional briefing or evidence showing that they have conducted any discovery on the issue of jurisdiction, or provide any further argument for finding that California h...

Excerpt: ...o a special motion to strike is entitled to mandatory, reasonable attorney fees and costs. (Code Civ. Proc., § 425.16, subd. (c), Ketchum v. <0059004800510003004400 005100570003005a004b[o has been voluntarily dismissed after filing an anti-SLAPP motion is entitled to costs and attorney's fees. (Liu v. Moore (1999) 69 Cal. App. 4th 745, 751.) The court has already made the determination that defendant is entitled to its attorney fees, and is not ...

Excerpt: ...udicial notice. Judicial notice is not compulsory when a party furnishes the Court with insufficient information in support of the request. (Leibert v. Transworld Systems, Inc. (1995) 32 Cal.App.4th 1693, 1700.) The request is denied. Statute of Limitations To sustain a demurrer based on statute of limitations, it must appear on the face of the complaint that the statute of limitations is applicable to bar the cause of action. (See Union <0011001...

Excerpt: ... previously addressed the issue of plaintiff's medical records in response to a subpoena served on Kaiser Permanente on September 26, 2017. Defendant seeks the same records through a new subpoena. This is not permitted. The parties agreed plaintiff would review the records received from Kaiser Permanente in response to the subpoena, and produce to defendant those records which related to the symptoms of emotional distress at issue in this action....

Excerpt: ... can be accomplished without prejudice to the client. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904.) These motions were continued as the breakdown in communication which precipitated the motions included an inability to obtain a response from the clients. The court could not ascertain from the moving papers whether the defendants remained at the addresses in the moving papers or whether counsel had made sufficient efforts to verify the addres...

Excerpt: ...orable judgment' is penalized by a loss of prevailing party costs and an award of costs in the defendant's favor.” (Heritage Eng'g Constr. v. City of Indus. (1998) 65 Cal. App. 4th 1435, 1439.) “A prevailing party who has made a reasonable and good faith pretrial offer pursuant to section 998 is entitled to specified costs, and may be awarded a reasonable sum to cover the costs of the services of expert witnesses. “ (Adams v. Ford M...

Excerpt: ...ant breached the contract and that plaintiffs were damaged $58,658.18. Background The complaint alleges that plaintiffs were retained by defendants to bring a legal action. Plaintiff successfully prosecuted the litigation, obtaining a judgment for defendants. Defendants failed to pay plaintiff. The complaint alleges causes of action in: (1) breach of contract and (2) quantum meruit. Motion for Summary Judgment or in the Alternative Summary Adjudi...

Excerpt: ...e Fifth Cause of Action for Intentional Infliction of Emotional Distress Intentional infliction of emotional distress requires: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; (3) and actual and proximate causation of the emotional distress by the defendant's outrag...

Excerpt: ...section 338(d), a cause of action for fraud is barred by a three‐year statute of limitations. (Code of Civ. Proc. § 33 8(d).) The cause of action begins to accrue when the aggrieved party discovers the facts constituting the fraud. (Id.;. San Francisco <037701e4020c0003037503 790003> Cal.App.4th 1318, 1327 (“A cause of action does not accrue until the plaintiff either discovers the injury and its negligent cause or could have discovered the ...

Excerpt: ...e 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 pled with specificity. (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 184.) “The particularity demands that a plaintiff plead facts which show how, when, where, to whom, and by what ...

Excerpt: ...or Judicial Notice Plaintiffs' request judicial notice of the SAC filed on January 12, 2018 is GRANTED. Demurrer Timeliness of Opposition Defendants argue the Court should not consider the opposition as it was untimely served. The Court notes that although Plaintiffs' opposition was timely filed, it appears the opposition was not timely served pursuant to CCP section 1005(c) as it was not served in a manner that is “reasonably calculated to ens...

Excerpt: ...otice of the FAC and the court's ruling on the demurrer to the FAC is GRANTED. Plaintiff's Request for judicial notice of Cross-Complainant Liria Melendez's Cross- Complaint filed on February 7, 2018 is granted. However, the Court does not take judicial notice of the truth of the matters asserted within the Cross-Complaint. Demurrer First Cause of Action for Fraud and Deceit Defendant asserts Plaintiff lacks standing to assert this cause of actio...

Excerpt: ....10(f).) “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.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) “A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond—i.e., he or she cannot reasonably determine what issues must b...

Excerpt: ...1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) damage to plaintiff therefrom.'” (Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal.App.4th 1171, 1178.) Plaintiff has failed to allege sufficient facts to state this cause of action against Defendants. Plaintiff has alleged the existence of a Business Purchase Agreement between the parties for sale of Ocean Park Novel Café, ...

Excerpt: ...nd The complaint alleges Plaintiff began working for Defendants as a production assistant in October 2014. Her job required her at times to work directly with defendant David Alkiviades. Beginning in December 2014 David would touch her, mimic sexual acts with her and make offensive comments, including doing these actions in front of third parties. Plaintiff also witnessed David sexually harassing other female employees. In September 2015 David ca...

Excerpt: ...plaint alleges Plaintiffs were minor children who were dependent children from March 2008 through July 2011, when they were placed in defendant Adams home by DCFS. Defendant Ingram was Adams live‐in girlfriend at the time, and a social worker with DCFS. Adams physically abused both plaintiffs during their placement in her home, witnessed by Ingram. Adams was arrested for the physical abuse in July 2011, and convicted of felony child abuse. The ...

Excerpt: ...fendant Los Angeles Community College District. Plaintiff took Civics and English as a Second Language and paid for those courses. When Plaintiff attempted to transfer, she was told there was a problem with her transcript. At that time she discovered that no grade was given for those courses. Plaintiff alleges Defendant is required to give grades for those courses, and the lack of grade is preventing her from transferring. The complaint alleges c...

Excerpt: ...nd whether plaintiffs are entitled to the return of any of that money. Summary adjudication is denied as to issue 3 as plaintiffs have not established by undisputed fact that they are entitled to rescind the contract pursuant to Revenue and Taxation Code, section 23304.5. Summary adjudication is denied as to issues 4 and 5 as there are triable issues of fact as to whether the funds transferred by Silva to Bluestar Entertainment were used for the ...

Excerpt: ...nt does not contain a real property claim. At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice. (Code Civ. Proc., § 405.30) A real property claim is one in which, if meritorious, would affect the title to, or the right of possession of, specific real property. (Code Civ. Proc...

Excerpt: ...clearing debris and loose rock on the ground near a belt on roller conveyor system when he was trapped in the conveyor, causing multiple injuries and death. The complaint alleges causes of action in: (1) products liability; (2) negligence; (3) negligence per se; and (4) survival. The cross‐complaint alleges if General Equipment is found liable on the complaint, cross‐defendants should be held liable, in full or part, to General Equipment. The...

Excerpt: ...took control of Optional and converted over $30 million in property from Optional to manipulate the market and deposit in bank accounts in California. They purchased real and personal property in the US and created Alexandria Investments. In March 2004 the United States filed an in rem forfeiture proceeding, seizing personal property and money in bank accounts, including over $14 million in Credit Suisse Bank in Geneva, Switzerland, and filed lis...

Excerpt: ...participate in the interactive process; (6) failure to accommodate; (7) failure to prevent discrimination and harassment; and (8) violation of the California Family Rights Act. Plaintiff was employed as a nurse by the Defendant City of Long Beach in the Department of Health and Human Services. Before working for the City of Long Beach, she worked at the Martin Luther King, Jr./Drew Medical Center (“King Drew”). Defendants seek the following: ...

Excerpt: ...ground The complaint alleges that plaintiff Hiten entered into an agreement with defendant to form a new company, plaintiff Ma and Choi Incorporated. Defendants were to transfer Ahn Choi Holdings' assets into the new corporation and dissolve Ahn Choi. Plaintiff formed the corporation and deposited its $510,000 share in the bank. Defendants did not transfer Ahn Choi assets and diverted the bank account to their own use. The complaint alleges cause...

Excerpt: .... The affirmative defense, as written in the Proposed First Amended Answer to Plaintiffs' First Amended Complaint, reads as follows: “28. Plaintiffs destroyed and/or failed to preserve evidence relevant to this action.” Leave to amend an answer should be granted with great liberality. Plaintiffs have not shown a sufficient basis on which to deny the motion. While Defendants may have waited four months, CCP §576 permits amendment even after t...

Excerpt: ...laintiff Jason Williams (“Plaintiff”) filed a complaint against Defendants Eric Broida (“Defendant”) and Does 1 through 25 for (1) breach of lease agreement; (2) rescission; (3) money had and received; and (4) fraud. Defendant filed a demurrer to complaint and motion to strike on August 28, 2017. On September 28, 2017, Plaintiff filed a First Amended Complaint (“FAC”), adding a fifth cause of action for negligent misrepresentation. De...