Excerpt: ...e, Jr. are each owners of one-sixth of the property as tenants in common, that Nixon is deceased, and that the remaining six co-owners are his only heirs and that no other person has an interest in the property. Plaintiffs also established that they wish to partition the property by sale and to have the proceeds divided. Plaintiffs established that Defendants live in the property and refuse to contribute to the maintenance of the property by payi...

Excerpt: ...fs argue the Court interpreted the dismissal as a dismissal of the entire case, which was a misunderstanding. Plaintiffs argue that, assuming their failure to use box 6 on the Request for Dismissal created the ambiguity which resulted in the dismissal of the case, C.C.P. §473(b) provides for mandatory relief. The Court, on October 3, 2019, despite C.C.P. §1010, ordered Plaintiffs to serve “all named defendants,” including those who have mad...

Excerpt: ...on for Breach of Written Agreement and Third Cause of Action for Breach of the Implies Covenant of Good Faith and Fair Dealing Defendants argue that the breaches are not pleaded as there was no duty to provide plaintiff with monthly estimates of CAMs and taxes, or a year end accounting of CAMs and taxes paid. Defendants' argument that the requirement that plaintiff pay estimated monthly amounts provided by the lessor did not require them to provi...

Excerpt: ...pp.4th 1224, 1233.) In deciding a petition to compel arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue whether the claims are covered within the scope of the agreement. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 961.) Defendants have provided an employee handbook, which contains the arbitration agreement and which has an ack...

Excerpt: ...posing party of what must be answered. (Scafidi v. Western Loan & Bldg. Co. (1946) 72 Cal. App. 2d 550, 558.) This particularity requirement necessitates pleading facts which show how, when, where, to whom, and by what means the representations were tendered. (Stansfield v. Starkey (1990) 220 Cal. App. 3d 59, 73.) To properly allege fraud as against a corporation, a plaintiff must plead the names of the persons allegedly making the false represen...

Excerpt: ...Abuse – Neglect To plead elder abuse, the plaintiff must allege “facts establishing that the defendant: (1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene or medical care [citations]; (2) knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs [citations]; and (3) denied or withheld goods or services necessary to meet the ...

Excerpt: ...ff if plaintiff had not given notice that he was leaving employment with Wesley Allen, what plaintiff said regarding the immigration employee policies, and whether plaintiff's actions were sufficient to support revocation of the employment before it began. The motion for summary adjudication is denied on procedural grounds. Timeliness of Opposition Defendants waived any issue as to the timeliness of the opposition by addressing it on the merits. ...

Excerpt: ...rmined from the complaint whether the contract is written or implied. The complaint quotes verbatim sections of the home protection plan, which has an identification number. An implied contract cannot be quoted as there is nothing to quote. It can be inferred that the contract is written. It is not necessary to attach a written contract to a complaint. The contract may be pleaded by stating the relevant terms. (Construction Protection Services, I...

Excerpt: ... beneficiaries of an arbitration agreement.” (Bouton v. USAA Casualty Ins. Co. (2008) 167 Cal.App.4th 412, 424IU. (2007) 153 Cal. App. 4th 892, 896.) “[A] plaintiff's allegations of an agency relationship among defendants is sufficient to allow the alleged agents to invoke the benefit of an arbitration agreement executed by their principal even though the agents are not parties to the agreement.” (Thomas v. Westlake (2012) 204 Cal.App.4th 6...

Excerpt: ...ence in support of its interpretation. Summary adjudication is denied as to issue 4 as there is a triable issue of fact as to whether defendant was required to inform plaintiff that if he chose to disassociate the license himself it would enforce the reduction in plaintiff's pending commissions. Objections to Plaintiff's Evidence The objections are overruled. Reply Courts cannot consider moving parties' new evidence filed for the first time after...

Excerpt: ...GONZALEZ Plaintiff Jeff Pomarico's Motion for Sanctions against Defendants Cedars Sinai Medical Center, Zachary Zumsteg, MD and their Counsel of Record, Michael D. Gonzalez and the Law Office of Michael D. Gonzalez is DENIED. FACTUAL BACKGROUND This is an action for medical negligence and products liability. Plaintiff Jeff Pomarico alleges that he has throat cancer. (FAC ¶ 7.) On November 12, 2015, he was admitted to Defendant Cedars Sinai Medic...

Excerpt: ...can Contractors Indemnity only. Plaintiff may file an amended complaint within 20 days. Demurrer to the First Cause of Action for Breach of Contract Defendants Mr. Green Electric, Inc. and Gary Iraev argue that it cannot be determined whether the contract is oral, written or implied, who the parties to the contract are, and which defendant committed which breaches, and that there is no allegation that plaintiff performed or was excused from perfo...

Excerpt: ...th and fourteenth causes of action are sustained without leave to amend. The motion to strike portions of the complaint is taken off calendar as moot. Plaintiff is to file an amended complaint within 20 days. Timeliness of the Opposition Defendant waived any issue as to the timeliness of the opposition by addressing it on the merits. (Carlton v. Quint (2000) 77 Cal. App. 4th 690, 697.) First Cause of Action for Fraud, Second Cause of Action for C...

Excerpt: ...laint alleges that plaintiff entered into a written contract with defendants to defend them in civil lawsuits. Plaintiff performed and defendants failed to pay. The complaint alleges causes of action in: (1) account stated; (2) closed book account; (3) breach of contract; (4) breach of contract; and (5) closed book account. The cross-complaint alleges that plaintiff settled one matter without defendants' authorization which provided plaintiff wit...

Excerpt: ... used defendants and deceased partner Timothy Devine for their tax and financial planning needs. After Devine's death in 2015, defendants assured plaintiffs they would continue to take care of everything. Defendants failed to file tax returns for individual defendants, and failed to include pass-through income on the corporate return. Plaintiffs incurred substantial penalties and interest and had to hire an expert to deal with the IRS and Franchi...

Excerpt: ...ion are sustained without leave to amend. Plaintiff is to file an amended complaint within 20 days. <002d0044004a0058004400 001500130013001a000f> which was registered in February 2008. The vehicle came with a seven year warranty. In 2015 plaintiff purchased the Jaguar Land Rover vehicle protection plan, which he was told covered everything except rims. Plaintiff started having problems with the transmission and communication center and brought th...

Excerpt: ... accepted excess rent. Plaintiff began renting the property in 1991, and the rent was illegally increased in 1993, 1997, 1998, <001b000f00030015001300 000f0003001500130014>2, 2013, 2014, 2015, by the former owner and by defendant in 2018. Because of the number of illegal rent increases, plaintiff cannot determine the amount of rent she should be paying. The complaint alleges causes of action in: (1) violation of LAMC, §§151.04, 151.10, (2) decl...

Excerpt: ...g and false information about plaintiff. Defendant concealed partnership projects from plaintiff. Defendant used partnership money for his personal business. The complaint alleges causes of action in: (1) breach of fiduciary duty; (2) breach of contract; (3) breach of the implied covenant of good faith and fair dealing; (4) negligence; (5) fraud; (6) negligent misrepresentation; (7) intentional interference with prospective advantage; (8) misappr...

Excerpt: ...lis in November 2009. Both had access to sensitive and confidential information, and signed confidentiality agreements. Plaintiff also used outside sales agents including defendants Engineered Specification Products, Inc. and its principals Arena and Dennis. Murickan left employment in 2011 and DeChellis in 2013. Both went to work for defendant Pioneer Custom Electrical Products Corp. In December 2013 plaintiff found Engineered began promoting Pi...

Excerpt: ...Action for Slander of Title Slander of title requires publication; without privilege or justification; which is false; and causes direct and immediate pecuniary loss. “ ‘If the matter is reasonably understood to cast doubt upon the existence or extent of another's interest in land, it is disparaging to the latter's title where it is so understood by the recipient….'” (M.F. Farming, Co. v. Couch Distributing Co. (2012) 207 Cal.App....

Excerpt: ...0300 0003003500480044004f[ Estate Services filed an unlawful detainer action against plaintiff. The other defendants in this action were not parties to the unlawful detainer. Plaintiff filed an answer on February 19, 2019 denying the allegations and stating affirmative defenses of retaliation and discrimination on the basis of race. The unlawful detainer trial took place on April 22, 2019. The judge made the following finding: the defendant “ha...

Excerpt: ...y. As to the 2018 claim, the initial claim or other documents reciting the facts underlying the injury claimed. Information in the documents other than the facts underlying the injury may be redacted. As to the 2016 claim, billing records, payment history, benefits, benefit explanations, and policies are excluded from production. The subpoenas seek virtually all records in plaintiff's three claims for workers compensation. Defendant argues the re...

Excerpt: ...; (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 that a plaintiff plead facts which show how, when, where, to w...

Excerpt: ...ram for Employees (2007) 157 Cal.App. 4th 1056, 1061; Bufil v. Dollar Financial Group, Inc. (2008) 162 Cal.App.4th 1193, 120.) A motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal. App. 4th 1057, 1064.) In considering a motion for judgment on the pleadings, courts consider whether properly pled factual allegations, assumed to be true and liberally co...

Excerpt: ...Noah's makes two arguments that the lien should not be quashed: (1) Value Meats was a party to the action and (2) no claim of exemption was timely filed. Even if there has been an assignment for the benefit of creditors, a judgment creditor may seek collection of the judgment from any assets not part of the assignment of the judgment debtor. (Lacy v. Gunn (1904) 144 Cal. 511, 518.) The original complaint was filed in the name of Value Meats. The ...

Excerpt: ...ntiff Anthony Kling and his attorney David Knieriem, jointly and severally, in the amount of $3520 Plaintiff requests the replies be stricken as they were not sent to the address of record for him. The replies were properly sent to the address of record of co-counsel, and plaintiff received the replies. The request is denied. Meet and Confer Defendant sent a meet and confer letter. Plaintiff did not respond. Defendant properly requested an IDC, w...

Excerpt: ...s that a purchaser of a product that does not live up to the buyer's expectations can only recover in contract and not tort, “unless [the purchaser] can demonstrate harm above and beyond a broken contractual promise.” (Food Safety Net Services v. Eco Safe Systems USA, Inc. (2012) 209 Cal.App.4th 1118, 1130 (quoting Robinson Helicopter Company, Inc. v. Dana Corporation (2004) 34 Cal.4th 979, 988).) A tort claim for fraud must be sufficiently i...

Excerpt: ...de complaints of unsafe conditions throughout his employment, that some complaints were acted upon and with others plaintiff received pushback for making the complaint, that plaintiff made two complaints and was terminated within two months. Summary adjudication is DENIED as to issues 2, 4 and 6 as there are triable issues of fact as to whether plaintiff can establish pretext, including whether plaintiff did obtain NDA's for the pictures he sent ...

Excerpt: ...complaint against Defendants A. Cecilie Boysen (“Boysen”), Soren N. Madsen (“Madsen”), Robert Vartzar (“Vartzar”), Adena Asatoorian (“Asatoorian”), and Does 1 through 20 for (1) declaratory relief; (2) quiet title; (3) equitable lien; (4) restitution; and (5) trespass. On October 15, 2018, Defendants Boysen and Madsen (collectively “Defendants”) filed a special motion to strike the complaint. On November 27, 2018, the Court gr...

Excerpt: ... Resolutions, Agendas, Minutes, email correspondence, notice of approval, letter, building permits and other permits/applications, Los Angeles County Assessor's Map, <0015000f00030016000f00 00030015001c000f0003[30, 31, 32, 33, 34, 35, 36, 44, 45, <001c000f0003001a001300 000f0003001a0016000f[ and 74.) Defendant's evidentiary objections to the declaration of Plaintiff Anne Cecilie Boysen are overruled as to ¶¶4, 6, 7, 8, and 13, and sustained as ...

Excerpt: ...tween: Bronzelink Holdings Limited (Claimant) and STM Atlantic N.V., Emil Youssefzadeh, Umar Javed, and Global-IP Cayman (Respondents)) (the “Arbitration”), which is currently proceeding before the Hong Kong International Arbitration Centre. Defendant's request for judicial notice is granted. However, the Court will not take judicial notice of the truth of the matters asserted within the complaints and motion. (D-RJN, Exhibits 1, 2, and 4.) C...

Excerpt: .... “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena...

Excerpt: ...nsurance companies. The complaint alleges causes of action in: (1) Insurance Code section 1871.7; and (2) violation of Business & Professions Code section 17200. Defendant Dr. James Hamada was ordered to provide further responses to written discovery on November 19, 2019. No responses have been received. He was also ordered to pay sanctions and has not paid. Plaintiffs are seeking the following issue and evidence sanctions: 1. Hamada conspired wi...

Excerpt: ...e of the complaint or from a matter of which the court may take judicial notice.” (Richardson-Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App. 4th 1056, 1061; Bufil v. Dollar Financial Group, Inc. (2008) 162 Cal.App.4th 1193, 120.) A motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal. App. 4th 1057, 1064.) In considering a motion fo...

Excerpt: ... well as any and all reasons that her employment ended and all documents that relate to any action taken as a result of any complaints or concerns about plaintiff or any action or conduct by plaintiff. Defendant redacted the names and contact information of the tenants or prospective tenants making the complaints, which apparently was at least part of the reason given for plaintiff's termination. Plaintiff is seeking unredacted copies of tenant c...

Excerpt: ...nted by an attorney, that there was examination of witnesses under oath, and that plaintiff did not appeal by filing for a writ of mandate, which collaterally estops her from bringing this action. Plaintiff's response to the motion does not conform to the requirements of Rules of Court, rule 1.1350. The court is inclined to address the motion on the merits, as the failure to comply with the rules does not significantly impact the ability to deter...

Excerpt: ... the code section, only employer liability. In 2013 the Legislature amended §1102.5 to add “or any person acting on behalf of the employer” wherever “employer” appeared in the section. At the same time, Labor Code §1103 stated that an employer or person acting on behalf of an employer was guilty of a misdemeanor for violating the chapter. However, Labor Code §1104 states that the employer is responsible for the acts of its manager, off...

Excerpt: ...ce 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.) Defendants request judicial notice of uncertified, unauthenticated copies of documents. The request for judicial notice is denied. First Cause of Action for Violation of Civil Code §2923.5 This cause of action alleges plaintiff received no notification from defendan...

Excerpt: ... visually impaired. Defendants object on the grounds that the person most knowledgeable is a resident of the United Kingdom, and must be given notice there and the deposition must take place there. “A witness, including a witness specified in subdivision (b) of Section 1987, is not obliged to attend as a witness before any court, judge, justice or any other officer, unless the <0003019a015d0175011e00 015d0110011e0358035fL (Code Civ. Proc., § 1...

Excerpt: .... 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., § 405.4.) Evidence or declarations may be filed with the motion to expunge the notice. (Code Civ. Proc., § 405.30.) In proceedings under this chapter, the court shall order that the notice be expunged if the court finds that the claimant has not established by a prepondera...

Excerpt: ...aintiff seeks only the forms, to establish a reporting pattern by ING in 2010 for purposes of punitive damages. The issue of third-party privacy was resolved by the redaction of all identifying information from the forms. Defendant objects on the grounds production would be burdensome. Defendant has submitted evidence that it would take more than one week of employee time and two to three weeks of attorney time to compile and redact the forms. As...

Excerpt: ...evelop factual grounds justifying a timely amendment to a pleading, leave to amend must be liberally granted.” (Mabie <00b3003e002c0040005700 004f0048005900440051[t 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, 761.) "[I]f an amendment is appropriate the trial Court should continue the trial if necessary, ...

Excerpt: ...bility Retaliation, Fourth Cause Of Action For Violation Of CFRA, Fifth Cause of Action for Failure to Engage in the Interactive Process, Sixth Cause of Action for Failure to Accommodate, Seventh Cause of Action for Age Harassment, Eighth Cause of Action for Age Discrimination and Ninth Cause of Action for Age Retaliation Defendants argue that these causes of action are not pleaded with sufficient specificity, as required for a FEHA claim. In ple...

Excerpt: ...m June 20, 2016 to the present. Demand No. 58: “Please produce any and all EMAILS which refer, relate, or in any way pertain to Plaintiff from June 1, 2016 through the date that YOU respond to this demand. This includes not only EMAILS to and from Plaintiff, but also EMAILS between any of YOUR employees and/or agents wherein Plaintiff is discussed or mentioned. Defendant objected on grounds that the requests were overbroad, vague and ambiguous ...

Excerpt: ...nly mandated to keep full records for six years. Laches requires an unreasonable delay and prejudice to the defending party. (In re Marriage of Powers (1990) 218 Cal. App. 3d 626, 642.) It is generally a question of fact. (Highland Sprins Conference & Training Center v. City of Banning (2016) 244 Cal.App.4th 267, 282.) FINRA argues that its rule 2080 sets out the criteria for expungement, and because of the lack of records from the time of the co...

Excerpt: ...claration of Sergio Miralda filed on July 3, 2017 is DENIED. “The court will take judicial notice of records such as admissions, answers to interrogatories, affidavits, and the like, when considering a demurrer, only where they contain statements of the plaintiff or his agent which are inconsistent with the allegations of the pleading before the court.” (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604-05.) “The ...

Excerpt: ...ding court action arising out of the same transaction or series of related transactions, in which there is a possibility of conflicting rulings on a common issue of law or fact. (Molecular Analytical Systems v. Ciphergen Biosystems, Inc. (2010) 186 Cal.App.4th 696, 704-705; Birl v. Heritage Care, LLC (2009) 172 Cal. App. 4th 1313, 1318; Best Interiors, Inc. v. <004b000300140016001500 000c> In applying Code of Civil Procedure §1281.2(c), judges m...

Excerpt: ...uments, Plaintiff has failed to include indispensable parties, and the claims are insufficiently pled. On March 5, 2019, Plaintiff filed a First Amended Complaint. This would generally be untimely under CCP section 472. (Code Civ. Proc., § 472(a) (“A party may amend its pleading once without leave of the court . . . after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is fil...

Excerpt: ...rotective order. As the moving party, Defendant bears the burden to show good cause for the protective order sought. (Emerson Elec. Co. v Sup. Ct. (1997) 16 Cal.4th 1101, 1110.) General Motors has not established good cause for the protective order it seeks. The declaration of Huizhen Lu addresses only categories of documents which may be requested, and some of which may contain confidential information and/or trade secrets. This is not sufficien...

Excerpt: ... (1994) 21 Cal.App.4th 904.) Defendant is aware it cannot represent itself and has chosen to end representation. Defendants cannot be forced to accept an attorney not of their choosing in a civil case. While there is some prejudice as the corporations cannot appear without counsel, the prejudice is of Gilbert's own choosing. Counsel cannot be required to continue defending against the action when defendants do not want him to do so. The motion is...

Excerpt: ...es and $357.29 costs. The remaining $8742.71 will be placed in a single-premium annuity for Brian, Arturo, and Jackyra and in a blocked account for Louie, Jimmy and Remy. Lilia Lara, 3, has the same symptoms with the addition of exacerbation of her asthma. She will receive $15,500 less $4650 attorney fees and $426 costs. The remaining $10,424 will be placed in a single-premium annuity. Of the adult plaintiffs, Betty Nava and Maria Morales will ea...

Excerpt: ...on “if the person seeking intervention claims an interest relating to the property or transaction which is the subject of the action and that person is so situated that the disposition of the action may as a practical matter impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by existing parties.” (Hodge v. Kirkpatrick Development, Inc. (2005) 130 Cal. App. 4th 540, ...

Excerpt: ...eLement as they breached <019a015d01280128000301 017600030011018c017dLwn v. Dillard's, Inc. (9th Cir., 2005) 430 F.3d 1004. In that case, there was an agreement for all disputes to be resolved in arbitration. Plaintiff filed a notice of intent to arbitrate her wrongful termination claim. Dillard's refused to arbitrate, stating that Plaintiff's case was meritless. Plaintiff filed her claim in state court. Dillard's removed the action to federal co...

Excerpt: ...o represent him in purchasing the land. There were negotiations and agreements, and Jaffe alleged Albertson also promised him a commission if the sale was completed. There was never a signed, written purchase agreement, and the sale broke down. Jaffe and Gottlieb sued. American‐Hawaiian purchased the property, and sued for declaratory relief. The cases were consolidated for trial. Trial was trailed on the Gottlieb and American‐Hawaiian cases ...

Excerpt: ...7. In contrast, the discovery at issue covers acts occurring throughout the entire state of California over a ten year period. The complaint does not allege disparate impact of any policy and there are no allegations of a pattern and practice of discrimination based on disability, perceived disability or taking a protected leave. Moreover, as to request numbers 86 and 87, there is no temporal connection made in the request between taking a leave ...

Excerpt: ...l arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue whether the claims are covered within the scope of the agreement. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 961.) In support of the motion, Defendant submits an acknowledgement dated November 17, 2016, which states that Plaintiff submitted her application to Anthem, Inc. a...

Excerpt: ....4th 1122, 1141-1142.) David has argued that an attorney of West's experience should not have prepared and argued the motion, but should have supervised a less-experienced attorney. He provides no authority for that position, and the Court knows of no such authority related to a special motion to strike. The Court has reviewed the billing records submitted by Khan. A reasonable fee for the special <00030037004b004c005600 005600030057004c0050>e fo...

Excerpt: ...Packaging, Inc. and High Dream Machinery LLC. It is signed by Brad Ducorsky, with “Ohlson Packaging” printed under his name. There is an acceptance box signed by Plaintiff. The forum selection provision states: “The laws of The United States and Slate of Massachusetts shall govern any disputes arising out of the contract and its conditions. Subject to MA. Stats. Ch, 788 and the rules of the American Arbitration Association, all disputes bet...

Excerpt: ...ithin 20 days. Discussion When a motion to expunge a lis pendens is filed, the burden is on the opposing party to show that the complaint contains allegations of a real-property claim, and to show the probable validity of the claim based upon a preponderance of evidence. (CCP §§ 405.32, 405.31, 405.30; Howard S. Wright Construction Co. v. Superior Court (2003) 106 Cal. App. 4th 314, 319.) “[T]he court shall order that the notice be expunged i...

Excerpt: ...of $1,380, payable within 20 days. 2. Plaintiff's Motion to Compel Further Responses to Request for Production of Documents (set two), numbers 31-46, and for $1,140 in Sanctions is DENIED. Special Interrogatories Plaintiff moves to compel further responses on grounds of evasive responses and meritless objections. (Code Civ. Proc., § 2030.300, subd. (a)(1, 3).) Defendants served supplemental responses without objections. It is not clear whether t...

Excerpt: ...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 means the representa...

Excerpt: ...e hearing on the motion. Trial courts do not have authority to shorten the 75-day minimum notice period for summary judgment hearings; considering that a motion for summary judgment is potentially case dispositive and usually requires considerable time and effort to prepare, it is perhaps the most important pretrial motion in a civil case. (McMahon v. Superior Court (2003) 106 Cal. App. 4th 112, 115-116.) Even if the court were inclined to hear t...

Excerpt: ... outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” CCP § 664.6. The trial court may enter judgment pursuant to a stipulated agreement to settle in one of two ways: (1) in a writing signed by the parties; or (2) by oral agreement made “before the <00170057004b0003001a00 00140015001100030003[If, however,...

Excerpt: ...ne Action”); BC683678 (“FAI Action”); and TC028895 (“UD Action”) for all purposes. Plaintiff filed a Notice of Related Cases regarding these cases on February 16, 2018. These actions were found related and assigned to this Department on March 21, 2018. Plaintiff has thus satisfied LASC Rule 3.3(g). The Court finds it is appropriate to consolidate the Hawthorne Action and FAI Action. Both actions involve agreements with Triple Green to p...

Excerpt: ...SION First Cause of Action for Breach of Fiduciary Duty In the prior Court order, the Court found that Plaintiffs' allegations were sufficient to state a cause of action for breach of fiduciary duty as asserted by Plaintiffs as individuals. However, the Court sustained the demurrer to this cause of action as brought by Plaintiffs on behalf of the Trust and IRA because there are insufficient facts showing that Plaintiffs' investments were made on ...

Excerpt: ...er Plaintiff removed the prayer list and replaced it with a different list, and whether Plaintiff's arrest was a citizen's arrest. DISCUSSION ISSUE NO. 1: The first cause of action for violation of the Bane Civil Rights Act (Civil Code section 52.1) is without merit. A violation of the Bane Act requires defendant's actual, or attempted, threats, intimidation, or coercion; interference with plaintiff's exercise or enjoyment of a constitutional or ...

Excerpt: ...admission within 20 days. Defendant Nasir Yasheh and its attorney Kaplan, Kenegos & Kadin, jointly and severally, are order to pay plaintiff sanctions of $2310 within 30 days. DISCUSSION: Plaintiff has combined multiple motions into a single motion. Each written discovery request, such as special interrogatories, set one, and request for production, set one, should have its own motion to compel further, unless the discovery requests and responses...

Excerpt: ...h the claims presentation requirements of Civil Code section 905. Plaintiffs argue that the claims fall within an exception to the code section: “(e) Applications or claims for any form of public assistance under the Welfare and Institution Code or other provisions of law relating to public assistance <01c0015d0190015d017d01 011e018c000301020190Lsistance rendered for or on behalf of any recipient of any form of public assistance.” <010f011e00...

Excerpt: ...review of plaintiff's filed motions in limine establish that plaintiff has prepared for a trial by jury. The cross‐complaint contains a demand for trial by jury. Although the cross‐complaint was later dismissed, the demand was made. Defendant Hudson made the jury deposit one day after the trial was set. It was untimely, but apparently defendants were not aware it was untimely. By the time the Goldsbys appeared in the action, it appeared that ...

Excerpt: ... to be awarded by motion. The court finds the hourly rates requested are reasonable and within the rates charged in the community. However, hours spent in legal secretarial work is not recoverable, as that is part of the office overhead which goes into the hourly rate. (Fairchild v. Park (2001) 90 Cal. App. 4th 919, 930.) The hours spent include some which appear duplicative or unnecessary. The court is inclined to reduce the requested award to $...

Excerpt: ...int Defendants argue that the complaint exceeds the scope of plaintiff's DFEH claim and compensation letter to the City. The administrative claims stated only discrimination and retaliation, and not harassment or failure to prevent discrimination, harassment or retaliation. Regarding exhaustion of administrative remedies, ‘what is submitted to the DFEH must not only be construed liberally in favor of plaintiff, it must be construed in light of ...

Excerpt: ...lan Fox shall be completed within 20 days and Fox is ordered to produce all responsive documents, without objection. The parties are ordered to meet and confer to set a date and time for the deposition. If the parties are not able to agree on a date, Plaintiffs may unilaterally set a date for deposition. The Court requests counsel come to the hearing prepared to discuss whether the appointment of a discovery referee is appropriate for this case. ...

Excerpt: ...Civil Procedure section 1013.” (Cal. Rules of Court, rule 3.1700(b)(1).) In this case, the Entity Defendants served their Memorandum of Costs on Plaintiffs on October 25, 2017, by mail. Accordingly, Plaintiffs' motion should have been filed and served by November 15, 2017. Plaintiffs filed their Motion to Strike Costs on November 13, 2017. However, the proof of service attached to the motion to strike costs does not show the Entity Defendants w...

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: ...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: ...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: ... 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: ...ty Defendants. Defendants County of Orange, Robert Ervais, Lucille Lyon, and Kevin Smith's demurrer to First Amended Complaint is SUSTAINED without leave to amend. Request for Judicial Notice The Judicial Branch Defendants request judicial notice of the August 29, 2017 Supreme Court of California Order assigning the Hon. Ronald P. Kreber, Retired Judge of the Superior Court of California, County of Orange to sit as a Judge of the Superior Court o...

Excerpt: ...nied. Motion to Set Aside Default Rule 3.1702(b)(1) of the California Rules of Court provides that a motion for attorney's fees incurred “for services up to and including the rendition of judgment in the trial court . . . must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case.” Rule 8.104(a)(1) provides that a notice of appeal must be filed on or before 60 days after servi...

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