Excerpt: ...laint on March 2, 2020 and their First Amended Complaint (FAC) on July 30, 2020. GM demurs to the seventh cause of action for fraud by omission on the following grounds: (1) it is barred by the statute of limitations; (2) it fails to state facts sufficient to state a cause of action; (3) it is uncertain, ambiguous, and/or unintelligible; and (4) it is barred by the economic loss rule. Statute Of Limitations The statute of limitations for a fraud ...

Excerpt: ...in six cases but did not specify which documents and did not attach copies of these documents for consideration. The request for judicial notice is DENIED. Meet and Confer Defendant filed the declaration of Soheyl Tahsildoost describing its attempts to meet and confer. This declaration is insufficient. Plaintiffs argue defendant failed to satisfy its obligation to meet and confer on all issues raised in the demurrer and represents that if defenda...

Excerpt: ...endants Jeffrey Preston Bezos and Gavin de Becker for (1) defamation and (2) intentional infliction of emotional distress. Plaintiff alleges that Defendants falsely published statements that (a) Plaintiff leaked nude photos of Defendant Bezos to the press; (b) he did so as part of a conservative conspiracy with, for example, Roger Stone, Carter Page, and the government of Saudi Arabia to injure Defendant Bezos; (c) Plaintiff stole and sold pictur...

Excerpt: ...bitration and Request for Stay Defendant's Evidentiary Objection Defendant objects to the Declaration of Myung Kuk Park,¶¶ 1-6, submitted in opposition to this motion on the ground it lacks foundation as there is no evidence to show the contents of the declaration were translated by a certified Korean-English translator. Paragraph 5 states “I have communicated the contents of this declaration to my attorney, who speaks Korean with me, and aut...

Excerpt: ...amended complaint filed by Timothy Her on December 21, 2018 in the Sacramento County Superior Court (Case No. 34-2018- 00237379) is GRANTED. Evid. Code § 452. The court finds the arbitration agreement satisfies all of the requirements as set forth by the court in Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 104.). Defendant offered Plaintiff a position on October 15, 2018, and Plaintiff signed a five-page arbitr...

Excerpt: ...9 which requires, all e-filed documents to be bookmarked. Future failure to comply with the General Order may result in a delay in hearing. Defendants' Evidentiary Objections The court only rules on those evidentiary objections it deems material to disposition of this motion. CCP § 437c(q). Objections 1-3 are SUSTAINED. Plaintiff's Evidentiary Objections The evidentiary objections inserted throughout the separate statement violate CRC Rule 3.135...

Excerpt: ... Suzanne Dworak-Peck School of Social Work for (1) retaliation in violation of whistleblower protection under Labor Code § 1102.5, (2) discrimination on the basis of age in violation of FEHA, (3) failure to prevent and investigate discrimination, (4) negligent hiring and supervision, (5) declaratory relief, (6) defamation (slander) and (7) unfair business practices. The facts that gave rise to this complaint relate to her employment at USC and a...

Excerpt: ... the cross-complaint within 10 days. Plaintiff's motions for protective order concerning subpoenas seeking discovery from the California Department of Insurance, Lennar Corporation, and States Title Inc. are GRANTED. Requests for Judicial Notice North American Title Company, Mortgage Vintage Inc., Alexander MacDougall and One Key Escrow Corporation's requests for judicial notice are GRANTED. The court takes judicial notice of the following: (1) t...

Excerpt: ...f seeking to utilize the discovery rule must plead facts to show his or her inability to have discovered the necessary information earlier despite reasonable diligence.” (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal. 4th 797, 815; Grisham v. Philip Morris U.S.A., Inc. (2007) 40 Cal.4th 623, 638,) Plaintiffs claiming delayed discovery of the facts constituting a cause of action must plead facts, beyond conclusions, showing the (1) time and ma...

Excerpt: ...gainst him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has...

Excerpt: ...' demurrer to the 6 th cause of action is SUSTAINED WITH LEAVE TO AMEND. Plaintiff may file a first amended complaint within 10 days. Local Pie's demurrer and motion to strike First, Second and Fifth causes of action “‘It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: [¶...

Excerpt: ...ntial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation…. (d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party be...

Excerpt: ...reach of contract, (2) breach of covenant of good faith and fair dealing, (3) negligence, (4) violation of Business and Professions Code §17200, (5) apportionment of fault, (6) implied indemnity, (7) contribution, (8) express indemnity and (9) declaratory relief. PFI and Plaintiff entered into a settlement agreement (the “Settlement”) in Case No. VC063719, filed in Los Angeles Superior Court (the “underlying action”) on April 20, 2016. T...

Excerpt: ...7-22, 26-30, 35-40, 43-52, 54-65, 78, 79, and 81-82. The request for sanctions is DENIED. Deposition Plaintiff seeks the deposition of Defendant's PMK and custodian of records on the grounds that Plaintiff has good cause for the demand, properly noticed and requested the deposition and specified with particularity the reasons for its demands. The court finds good cause to compel this deposition. Matters for Examination Categories 1 and 2 request ...

Excerpt: ...he pleadings on the grounds plaintiff failed to state a cause of action for harassment, failed to sufficiently allege retaliation, failed to state a cause of action for failure to reasonably accommodate, failed to state a cause of action for disability discrimination and failed to state a cause of action for a violation of the California Family Rights Act (“CFRA”). In addition to plaintiff's alleged failure to state causes of action, the Rege...

Excerpt: ...e judgment or in the alternative enter a new judgment on the grounds that the judgment fails to specify Australian currency and that the Court entered a judgment that included extrinsic fraud and/or a mistake. In addition, defendant argues the court lacks subject matter jurisdiction in order to render a judgment in this action. Code of Civil Procedure §473, subdivision (d) states: “The court may, upon motion of the injured party, or its own mo...

Excerpt: ... cross-complaint within 10 days. The demurrer to the second, third, fourth, fifth and sixth causes of action are SUSTAINED WITHOUT LEAVE TO AMEND. Request for Judicial Notice The court takes judicial notice of (1) the executed license agreement dated May 9, 2012, (2) the final award in JAMS Arbitration No. 1210033201 dated January 14, 2019, and (3) the July 5, 2019, final ruling on submitted Motions to Confirm/Vacate Arbitration Award, Los Angele...

Excerpt: ...Today's OSC re dismissal and Case Management Conference are off calendar. The court sets a Post Arbitration Status Conference for October 20, 2020 at 8:30 a.m. Moving party to give notice. Request for Judicial Notice Defendants request judicial notice of a trial court case in another county with a different plaintiff. This is improper. Rulings in other cases are irrelevant absent some additional showing like the elements of claim or issue preclus...

Excerpt: ...tion to compel further responses to form interrogatory 17.1 is granted. Plaintiffs are each to provide further responses, without objection, within 30 days. Plaintiffs and their attorney Law Offices of Maro Burunsuzyan, jointly and severally, are ordered to pay defendant Osterkamp Trucking, Inc. sanctions of $3645 within 30 days. Timeliness Plaintiffs argue the 45-day limitation has expired as the responses were served in September, more than 45 ...

Excerpt: ...eting, and whether tasks, such as completing sales reports, or making recommendations as to other employees, were done as exempt or non-exempt tasks, and the extent to which plaintiff has discretion and independence to make judgment, or whether there was a collaboration on issues with the ultimate discretion and judgment exercised by another after listening to all opinions, including plaintiff's, and whether a real estate broker's license and mas...

Excerpt: ...ithin 20 days. The Case Management Conference is continued from March 5, 2020 to April 16, 2020. Moving party to give notice. Landlord-Tenant Relationship The complaint alleges the property was owned during the relevant time by Hira Anand, LLC, 2011-2019, and 7036 Soto Apartments, LLC since 2019. It alleges that this defendant, Ramandeep Sighn, held himself out as the owner. There are allegations that HCIDLA issued notice to Hira Anand and Ramand...

Excerpt: ...he has been unable to obtain the necessary discovery despite diligent efforts. Plaintiff served a request for production of documents seeking documents regarding Castille's employment which should show that she was treated differently from plaintiff. Plaintiff was notified by defendant that Castille's return to work date was February 21, a week after this opposition is due. Plaintiff requires this deposition to oppose the motion. On December 10, ...

Excerpt: ...tion for judicial notice is GRANTED. Evidence Code §452(d)(1). Evidentiary Objections Plaintiff's evidentiary objections (Nos. 1-16) to the declaration of Yaniv Yasmeh are OVERRULED. Plaintiff's evidentiary objections (Nos. 1-16) to the declaration of Allan Lowy are OVERRULED. Plaintiff's evidentiary objections (Nos. 1-15) to the declaration of Ofer Kashanian are OVERRULED. KB's evidentiary objections (Nos. 1-32) to the declaration of Nilofar Ka...

Excerpt: ...per format per the Rules of Court. CCP §473(a)(1) states: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to ...

Excerpt: ...ituations while driving and increases the risk of a crash when trying to accelerate from a stop; at low speeds when drivers intend to accelerate to merge with highway traffic; and when attempting to drive uphill. The transmission defect creates a serious safety risk that can lead to accidents, injuries, or even death to the driver, the vehicles' occupants, other drivers, and pedestrians.” (SAC, ¶ 19.) Thus, the defect is alleged to be material...

Excerpt: ...� concealment. 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.) Fraud must be pleaded with specificity. (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 184.) “The particularity deman...

Excerpt: ...complaint within 20 days. First Cause of Action for Breach of Contract and Third Cause of Action for Breach of the Covenant of Good Faith and Fair Dealing The elements for a breach of contract cause of action are: (1) the existence of a contract; (2) plaintiffs' performance or excuse for nonperformance; (3) defendants' breach or anticipatory breach; and (4) resulting damage to plaintiffs. (Reichert v. General Insurance Company (1968) 68 Cal.2d 82...

Excerpt: ...iscussion regarding the vehicle. The complaint does not allege any facts concerning when and where or even if plaintiff reviewed the marketing information provided by defendant, or saw or heard commercials about the vehicle, prior to the purchase. The complaint states that plaintiff relied on silence. The conclusory statement that defendant had opportunities for disclosure of the concealed information when the vehicle was purchased and brought in...

Excerpt: ...nce of a contract; (2) plaintiffs' performance or excuse for nonperformance; (3) defendants' breach or anticipatory breach; and (4) resulting damage to plaintiffs. (Reichert v. General Insurance Company (1968) 68 Cal.2d 822, 830.) An express third-party beneficiary may maintain a breach of contract claim. (Civ. Code § 1559.) On a demurrer for breach of contract, the court must consider the sufficiency of the allegations, including any parol evid...

Excerpt: ...levision commercials, and/or heard radio commercials about the qualities of the vehicle; relied on Defendant's reputation; and relied on statements made during the sales process by the salesperson and the marketing materials in deciding to purchase the vehicle. (Compl., ¶ 168.) At no time did Defendant disclose to Plaintiff any information about the engine defect, and if they had, she would not have purchased the vehicle. (Compl., ¶ 168.) Defen...

Excerpt: ...rmance or excuse for nonperformance; (3) defendants' breach or anticipatory breach; and (4) resulting damage to plaintiffs. (Reichert v. General Insurance Company (1968) 68 Cal.2d 822, 830.) An express third-party beneficiary may maintain a breach of contract claim. (Civ. Code § 1559.) On a demurrer for breach of contract, the court must consider the sufficiency of the allegations, including any parol evidence allegations, to determine whether t...

Excerpt: ...ersonnel rules also does not fit within any of the enumerated documents which can be judicially noticed. (Ibid.) Demurrer Plaintiff has failed to state sufficient facts to state the FEHA claims against City. Plaintiff's allegations are conclusory and not alleged with the requisite specificity for claims against public entities. Plaintiff mentions some instances of alleged racial, ethnic, age, and religious discrimination and harassment in Paragra...

Excerpt: ...ounts There is no dispute that the statute of limitations for this cause of action is two years. A demurrer on the ground of the bar of the statute of limitations will not lie where the action may be, but is not necessarily barred. (Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal. App. 4th 875, 881.) It must appear clearly and affirmatively that, upon the face of the complaint, the right of action is necessarily barr...

Excerpt: ... improper purpose, considering Defendant's motion for reconsideration is based solely on the fact that other trial courts decided a similar motion to transfer venue in equivalent cases it differently. Defendant's motion for reconsideration was based on a “split in the Los Angeles Superior Court.” (Thurston Decl. filed in support of Defendant's motion for reconsideration ¶ 6.) This was based on three specific decisions by other trial courts i...

Excerpt: ...Exhibit B); 3. A Deed of Trust recorded on August 15, 2016 in San Mateo County (Exhibit C); 4. A Notice of Lien recorded in the County of San Mateo's Official Records on October 19, 2016 (Exhibit D); 5. The complaint from San Mateo Superior Court Case No. 17CIV03501, Napean Capital Group, LLC, et al v. Select Portfolio Servicing, Inc. et al., filed on August 3, 2017 (Exhibit E); 6. An order denying an ex parte application for a Temporary Restrain...

Excerpt: ...g the public interest.” Specifically, Code of Civil Procedure section 1021.5 provides in pertinent part: Upon motion, a court may award attorneys' fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of person...

Excerpt: ...sel on June 25, 2019. (Muse-Fisher Decl. ¶ 22.) Defendants did not withdraw their motion to vacate. Plaintiff filed this motion on July 19, 2019. Plaintiff satisfied the safe harbor notice provisions. Merits Plaintiff argues Defendants' counsel lied when claiming his physical illness kept him from complying with Defendants' discovery obligations in this case. It is necessary to examine Defendants' counsel's specific statement to determine whethe...

Excerpt: ...ppel and (2) lack of standing. Plaintiff Avitia (“Plaintiff”) opposes. Request for Judicial Notice Defendant's request for judicial notice of records filed in a bankruptcy proceeding (RJN, Exhs. 1-3, 7) is GRANTED. (Evid. Code, § 452(d)(2).) Defendant's request for judicial notice of records filed with EEOC and DFEH (RJN, Exhs. 4, 5) is GRANTED. (Evid. Code, § 452(c), (d), (h).) Defendant's request for judicial notice of records filed in th...

Excerpt: ...f Habitability, Fourth Cause of Action for Negligent Breach of the Covenant of Quiet Enjoyment, Fifth Cause of Action for Intentional Breach of the Warranty of Habitability and Sixth Cause of Action for Intentional Breach of the Covenant of Quiet Enjoyment A breach of the warranty of habitability and breach of the covenant of quiet enjoyment can be both support both contract and tort causes of action. (Stoiber v. Honeychuck (1980) 101 Cal.App.3d ...

Excerpt: ....32 for filing and motion fees and service of process. Plaintiff seeks prevailing party attorney fees and costs. When authorized by contract, statute or law, reasonable attorney fees are allowable costs. <0003002400030053005500 00030053004400550057[y is entitled to recover costs including attorney fees when authorized by statute. (Id., § 1032, subd. (b).) Civil Code section 1717, subdivision (a) states: “In any action on a contract, where the ...

Excerpt: ...es A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. (Code Civ. Proc., § 425.16, subd. (b)...

Excerpt: ... moot as to item 2. Plaintiff is to file an amended complaint within 20 days which complies with Code of Civil Procedure section 425.10, subd. (a)(1). Third Cause of Action for Violation of Civil Code section 1793.2, subdivision (a)(1) Defendant argues that the cause of action fails to specify the literature and parts which it did not provide to authorized repair facilities and did not identify the repair facilities. Defendant did not provide aut...

Excerpt: ...r Leave to File Motion to Expunge Lis Pendens No opposition to this motion was filed. The motion to expunge lis pendens was filed. Plaintiffs have filed opposition to the motion to expunge and a reply was filed. There is no prejudice to any party to permit the non-party to file the motion. The motion is granted. Motion to Expunge Lis Pendens Oxford waived any issue as to the timeliness of the opposition by addressing it on the merits. (Carlton v....

Excerpt: ...o the first amended cross complaint on the ground that each cause of action fails to state facts sufficient to constitute a cause of action and on the ground that the first amended cross complaint is uncertain, vague and ambiguous. Uncertainty CCP section 430.10(f) provides that a pleading is uncertain if it is ambiguous and unintelligible. (See Code Civ. Proc., § 430.10(f).) “A demurrer for uncertainty is strictly construed, even where a comp...

Excerpt: ... plaintiff, or that plaintiff did not engage in any protected activity prior to her termination. Plaintiff's Objections to Defendant's Evidence The objections are sustained. Where the facts stated in a declaration do not show personal knowledge, a bare statement that the affiant has personal knowledge, and can testify, is incompetent proof. (Snider v. Snider (1962) 200 Cal.App.2d 741, 754.) To establish admissibility, based on the business record...

Excerpt: ...enses are overruled. Cross-defendants Andrew M. Deutsch and Zachary I. Deutsch are to file an amended answer within 20 days. General Principles Courts have provided the following as guidelines in pleading a complaint, which would also be applicable to pleading an answer. Generally, complaints must contain ultimate facts. (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550; Berger v. Cal. Ins. Guar. Ass'n (2005) 128 Cal.App.4 th 989, 1006.) The...

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: ...of the demurrer under seal. The hearing is set for April 20, 2020, long after the hearing on the demurrer. The court is inclined to rule on the application now. UMG requested judicial notice of those documents, the agreement and an amendment to the agreement. Judicial notice of contracts is improper. (Freemont Indem. Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 114- <0003002400530053001100 000f00030018001a0014[.) A court erred in susta...

Excerpt: ...e its last payment to the defense firm or when Scottsdale obtained or should have obtained copies of the invoices from the defense firm. (2) Defendant's motion to compel is granted. DiGiovanni's deposition is to take place within 30 days. Penn-Star and its attorney Nicolaides Fink Thorpe Michaelides Sullivan LLP, jointly and severally, are to pay Scottsdale sanctions of $3085 payable within 20 days. BACKGROUND The complaint alleges both Penn-Star...

Excerpt: ...ssion of the premises. The complaint alleges causes of action in: (1) breach of lease; (2) breach of fiduciary duty' (3) approval of illegal distributions; (4) receipt of illegal distributions; (5) fraudulent transfer; (6) fraudulent transfer; (7) fraudulent transfer; (8) fraudulent transfer; and (9) money had and received. Defendant Catlow moves to quash service of summons on the grounds of lack of minimum contacts to support jurisdiction. When ...

Excerpt: ...i argues that the entire FAC is fatally vague as to the allegations involving him because the only allegations against him are generalized claims that Lipnicki received and distributed copies of intimate photos and videos involving Plaintiff to unknown third parties. Further, Lipnicki contends that the FAC is vague because it does not specifically allege by what means, when, or to whom Lipnicki allegedly distributed this content, other than a del...

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: ... 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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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...

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: ...aint is denied. Defendant are to file an answer to the complaint within 20 days. First Cause of Action for Breach of Legal Duty Owed to Parents <0047004800490048005100 004c004f004800470003[to provide the entire file, including documents regarding the assessment of Miriam as having emotional issues, a learning disability and failing grades and that defendants failed to comply with its policies and procedures in making the assessments of Miriam. De...

Excerpt: ...tember 4, 2014. Plaintiff suffered mental and emotional distress and has no medical expenses. At this time, the parties have agreed to settle this case for $35,000. After payment of attorney's fees and costs, Petitioner seeks to deposit $13,685.14 with the California Achieving a Better Life Experience (CalABLE) Program pursuant to Cal. W&I Code Section 4875 et seq. CalABLE is a California government agency and the CalABLE account is specifically ...

Excerpt: ...n on the grounds that it fails to state facts <0056000300580051004600 00440051004700030057>here is a misjoinder or defect in parties. The motion is granted in part. The trial date is continued to September 30, 2019 at 10:00 a.m. All associated cut-off dates are to the continued trial date. Demurrer to the Fifth Cause of Action for Specific Performance Specific performance requires a contract breach; inadequacy of a legal remedy; underlying contra...

Excerpt: ...ulent Concealment, Fifth Cause of Action for Intentional Misrepresentation and Sixth Cause of Action for Negligent Misrepresentation 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.) In Califo...

Excerpt: ...ulent Concealment, Fifth Cause of Action for Intentional Misrepresentation and Sixth Cause of Action for Negligent Misrepresentation 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.) In Califo...

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 fr...

Excerpt: ...rana National Park, that Antonio did not act with gross negligence and that Antonio getting lost in the National Park was not foreseeable. The initial burden rests with the side moving for summary judgment. (Villa v. McFerren (1995) 35 Cal.App.4th 733, 743 nn. 6-7.) “As to each claim as framed by the complaint, the defendant must present facts to negate an essential element or to establish a defense. Only then will the burden shift to the plain...

Excerpt: ...Emmett Builders, Inc. and Douglas Emmett Management, LLC. Enforcement by Non-Signatory Defendants All defendants in this case may seek enforce the arbitration agreement which states: “Any reference in this Agreement to the Company will be a reference also to any parent, subsidiary or affiliated entities of the Company (including, without limitation, those entities referenced on Exhibit “A” attached hereto and incorporated herein), all benef...

Excerpt: ...'s central concern. (Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 35 [26 Cal. Rptr. 2d 834, 865 P.2d 633].) In Hill, we established a framework for evaluating potential invasions of privacy. The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. (Id. at pp. 35–37.) The p...

Excerpt: ...ed on an assertion of attorney-client or work product privilege, defendant shall serve a privilege log which identifies each document for which a privilege or work product protection is claimed, its author, recipients, date of preparation, and the specific privilege or work product protection claimed. The remainder of the motion is denied. Definitions The terms “YOU,”“YOUR,” and “DEFENDANT” are overbroad as defined by plaintiff. FCA v...

Excerpt: ...respond that they have withdrawn their DLSE claims to pursue litigation. This is not alleged in the complaint. The court considers this only for the purpose of determining whether leave to amend should be granted. The demurrers are sustained with leave to amend. Seventh Cause of Action for Breach of Contract “The standard elements of a claim for breach of contract are: ‘(1) the contract, (2) plaintiff's performance or excuse for nonperformanc...

Excerpt: .... Plaintiff's request for sanctions is denied. Timeliness Plaintiff argues the motions are untimely as filed beyond the 45-day jurisdictional limit and as improper motions for reconsideration. The motions were never ruled on by the court, but were taken off calendar as improperly filed and reserved. Defendants properly reserved the time for hearing and corrected the filing into separate motions. The motions then were placed back on calendar. For ...

Excerpt: ...tion status conference for December 9, 2019 at 8:30. Defendant has established the existence of an agreement, which plaintiff does not dispute signing. Plaintiff's argument that the agreement was obtain through fraud is misplaced. Contractual arbitration clauses generally must be enforced where one of the parties seeks rescission of the entire contract on the basis that it allegedly was induced by fraud, mistake, or duress, or where an alleged br...

Excerpt: ...file an amended complaint within 20 days. Fourth Cause of Action for Fraud, Negligent Misrepresentation and Concealment Fraud must be pleaded with particularity. “The particularity demands that a plaintiff plead facts which show how, when, where, to whom, and by what means the representations were tendered.” (Cansino v. Bank of America (2014) 224 Cal.App.4th 1462, 1469.) The strict rule of construction, however, is relaxed when the defendant ...

Excerpt: ...t there are several claims against the bond which exceed the amount of the bond. Hudson seeks to deposit the proceeds of the bond and have the claims litigated in this single action. Hudson has also established the only relief sought against it is the payment of the bond proceeds, and it should be released from liability and dismissed from the action. The argument that the claimants will seek to recover costs and attorney fees from Hudson is not ...

Excerpt: ...er. An interrogatory response must be as complete and straightforward as reasonably available information permits. (Code Civ. Proc., § 2030.220, subd. (a), (b).) If a respondent does not have personal knowledge for a full response, the party shall so state and make a reasonable and good faith effort to obtain the information by inquiries. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal. App. 4th 390, 406; Re...

Excerpt: ...f $1200 within 30 days. The discovery at issue here was served May 4, 2018. Following several extensions, responses were served on August 16, 2018. Defendant initiated meet and confer efforts on October 1 st and provided extensions of time for supplemental responses. No supplemental responses have been served. Plaintiff agreed to provide documents in response to requests 1-3, 6-7, 21, 24-28 and <0055004800560053005200 00480054005800480056>t 4. Pl...

Excerpt: ...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.) Defendants argue there are no allegations that Michael Valerio knew the there was a water leak when he represented there was no water leak. In fact, the fourth cause of action alleges at paragraph 34 that Michael Vale...

Excerpt: ...re triable issues of fact as to whether plaintiff's assignment to the Badging Office denied her opportunities to learn new skills or work overtime and damaged her chances of obtaining a promotion. Summary adjudication is denied as to issues 2 and 5 as the actions complained of, that supervisors treated plaintiff with hostility and spread rumors that plaintiff was having a relationship with Petrus, first occurred when she complained of scheduling ...

Excerpt: ... Defendant County asserts that this cause of action fails because Plaintiff has failed to plead a statute providing for liability pursuant to Government Code section 815. Defendant's assertion is unavailing. California Government Code section 815 provides that “[a] public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person” except as provided by...

Excerpt: ...conclusory words or the words in the language of Civil Code section 3294 must not be read in isolation, but in the context of facts alleged in the rest of the complaint. The complaint alleges that the building has a severe roach infestation and that it is increasingly dilapidated for failure to make any repairs, that defendant owners have been cited by the City, placed in REAP, and had complaints from tenants but have made no repairs and failed t...

Excerpt: ...y Morse is sufficient. The new cause of action is related to the current facts alleged in the current complaint. Defendants argue that there was a long unexcusable delay. The need for the motion was not apparent until December 2018, and the motion was filed in early March. This is not an unexcusable delay. "[I]f an amendment is appropriate the trial Court should continue the trial if necessary, even if the matter is on fast track." (Honig...

Excerpt: ...p of Trust and Confidence and Third Cause of Action for Breach of Contract Defendants demur to these causes of action on the grounds that they are duplicative of the medical negligence cause of action. A contract to perform services gives rise to a duty of care which requires that such services be performed in a competent and reasonable manner and a negligent failure to do so may be both a breach of contract and a tort. (No. Am. Chem. Co. v. Supe...

Excerpt: ...rt -- to the cross- defendant.” (Platt v. Coldwell Banker Residential Real Estate Services (1990) 217 Cal. App. 3d 1439, 1445 n.7.) The second amended complaint alleges that defendants/cross-complainants breached the sales agreement and made intentional or negligent misrepresentations and concealments by stating the property was in perfect condition and failing to disclose defects in the renovations. This is not the same harm for which they are...

Excerpt: ...sel, courts must cautiously balance parties' right to have attorneys of choice, attorneys' interests in representing clients, burdens on clients in replacing counsel, and any tactical abuse, against the principle of having fair resolutions by vigorous representations by independent attorneys. (McMillan v. Shadow Ridge at Oak Park Homeowner's Assoc. (2008) 165 Cal.App.4th 960, 965.) A member shall not, without the informed written consent of the f...