Excerpt: ...roduction of documents on defendants Rari Capital Infrastructure, Longarzo and Fei Labs; defendants responded with objections on April 19, 2023. Yu alleges on May 17, 2023 defendants agreed to supplement the production and waive objections except attorney-client privilege, then served supplemental responses consisting only of objections without any new document production. On August 9, 2023 the parties held an informal discovery conference, after...

Excerpt: ... as to the third cause of action for declaratory relief. After trial the court ruled Pacific Horizon was entitled to a road easement for egress and ingress over a disputed portion of street in the parties' common interest community. The court issued its final judgment on September 20, 2023. On August 10, 2023, the court denied the Meehans' motion for attorney fees, finding the attorney's fees provision in the CC&Rs did not apply to the dispute. O...

Excerpt: ...e Rubin defendants by their first names to distinguish the parties. On September 26, 2023 the court granted Joseph's motion for judgment on the pleadings as to the first amended complaint with leave to amend. Joseph now demurs to the second amended complaint. Fraud in the Inducement A cause of action for fraudulent inducement, if it is based on affirmative misrepresentations, must be pleaded specifically. Stansfield v. Starkey (1990) 220 Cal.App....

Excerpt: ...court may issue a protective order that it not be taken at all to prevent “any party, deponent … from unwanted …. burden or expense.” Cal. Code of Civ. Proc. §2025.420. Von Neitsch argues her deposition should not take place due to ongoing medical issues, allegedly caused by Dr. Naysan. Additionally, she argues proposed deposition topics violate her right to privacy. She raises the same privacy concerns with respect to the dentist deposi...

Excerpt: ...hall share equally in the responsibility for maintaining the boundaries and monuments between them[,]” and “[w]here a landowner intends to incur costs for a fence described in paragraph (1), the landowner shall give 30 days' prior written notice to each affected adjoining landowner.” Defendant demurs, arguing the complaint does not allege Hill gave thirty days' notice. Hill's opposition does not address this argument. SUSTAINED with ten day...

Excerpt: ...he 2018 surgery, but denied summary judgment as to the 2020 surgery. The court denied summary judgment as to the medical battery claim arising out of the 2020 surgery, concluding “[t]his argument should be made via motion for judgment on the pleadings[.]” 9/13/2023 minute order pg. 3. Defendants Kohan and his corporation seek judgment on the pleadings as to the medical battery claim. On November 8, 2023 the court issued a tentative ruling gra...

Excerpt: ...f alleges she reported these conditions but Essex did not remedy them. The Essex defendants demur to plaintiff's cause of action for fraud and move to strike the request for punitive damages. Fraud The elements of fraudulent concealment are (1) defendant concealed or suppressed a material fact, (2) duty to disclose, (3) defendant intentionally concealed the fact with intent to defraud, (4) plaintiff was unaware of the fact and would not have acte...

Excerpt: ...cuments. He argues Arakelian's responses were insufficient and their objections meritless and moves for further responses. Timeliness Under Cal. Code of Civ. Proc. §2031(c), “[u]nless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the demanding party and the responding party have agreed in writing, the demanding party...

Excerpt: ...allege retaliatory termination for reporting sexual abuse at the facility, hostile work environment, lack of meal/rest breaks, requiring work off-the- clock without pay and failure to reimburse. Defendants move for summary adjudication. Evidentiary Objections Plaintiffs' Objections: Objection 1 SUSTAINED (lack of personal knowledge), Objection 2 OVERRULED, Objections 3-5 OVERRULED, Objection 6 SUSTAINED (lack of authentication), objection 7 OVERR...

Excerpt: ...anagement company, but defendants did not remedy the issues. Defendants demur to the first amended complaint. Negligence A person who hired an independent contractor is generally not liable to third parties for injuries caused by the contractor's negligence in performing the work. Privette v. Superior Ct. (1993) 5 Cal.4th 689, 693. Homeowners associations have a “duty to exercise due care for the residents' safety in those areas under their con...

Excerpt: ...the website. Dr. Murrey served subpoenas duces tecum on third parties Amazon, Facebook/Instagram (both owned by Meta Platforms, Inc.), Yahoo and Cloudflare, seeking production of business records. On January 31, 2023 the court heard plaintiff's motion to compel further responses to his subpoenas. The court denied as to all requests directed at Meta except requests 15 and 16, which sought documents related to a contractual relationship between Fac...

Excerpt: ...on (or an affiliate of the owner) shall not be liable under the law of any State or political subdivision thereof, by reason of being the owner of the vehicle (or an affiliate of the owner), For harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental lease, if – (1) the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing...

Excerpt: ... made defamatory statements during a podcast about the trial. Plaintiff alleges the episode was broadcast by defendants Audiochuck and its managing member Flowers. Defendants Flowers and Audiochuck demur and move to strike all claims under the anti-SLAPP statute. Defendant Townsend joins. Defendants also demur to the complaint. Plaintiff filed no opposition. Courts resolving anti-SLAPP motions under Cal. Civ. Code §425.16 follow a two-step proce...

Excerpt: ...ause is unenforceable, some of the plaintiffs never agreed to arbitrate and defendants waived the right to arbitrate by invoking the litigation machinery. California public policy strongly favors arbitration as an efficient alternative to litigation. Cal. Code of Civ. Proc. §1280 et seq., Madden v. Kaiser Found. Hosps. (1976) 17 Cal.3d 699, 706. A party waives its right to arbitrate when it “substantially invokes” the litigation machinery be...

Excerpt: ...ted funds and mismanaged properties. Williams' cross-complaint alleges Freeman reduced his salary, took a salary of his own in violation of Metro's operating agreement and interfered in Metro's business, causing it to miss investment opportunities and lose profits. Freeman demurs to Williams's cross-complaint. Quantum Meruit/Breach of Oral Contract A quantum meruit claim cannot proceed when there is an express oral contract covering the same subj...

Excerpt: ...c includes an arbitration agreement: “[b]y signing below, you agree that, pursuant to the Arbitration Provision on page 5 of this contract, you or we may elect to resolve any dispute by neutral, binding arbitration and not by a court action.” Motion pg. 1, Arroyo decl. exhibit A. The agreement applies to any dispute between “you and . . . our employees, agents, successors or assigns, which arises out of or relates to your credit application...

Excerpt: ...nt, arguing Doe cannot present admissible evidence showing Roe knew or should have known Doe committed sexual abuse or had a propensity for sexual abuse. Evidentiary Objections Doe's objections OVERRULED. Motion for Summary Judgment A court determining a summary judgment motion applies a three-step process: (1) identifying the issues framed by the complaint, (2) determining whether moving party made an adequate showing that negates the opponent's...

Excerpt: ... affirmative defenses. Steiger demurs to the FAA. Affirmative defenses are subject to demurrer when they consist only of legal conclusions without factual support. FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384. Steiger argues the FAA pleads legal conclusions, not facts. This is most true of the affirmative defenses for adequate remedy at law, statute of limitations, ratification and the business judgment rule. As pleaded, thes...

Excerpt: ... summary judgment motion as to inverse condemnation action and ordered supplemental briefing as to other claims. Nuisance To prevail on a nuisance claim, plaintiff must establish defendant engaged in conduct that is (i) intentional and unreasonable, (ii) unintentional but caused by negligent or reckless conduct, or (iii) the result of abnormally dangerous activity. Lussier v. San Lorenzo Valley Water Dist. (1988) 209 Cal.App.2d 92, 100. Pourmola ...

Excerpt: ...on and failing to provide accurate wage statements. The parties executed a settlement agreement on October 6, 2023. The prevailing employee in a PAGA action is entitled to reasonable attorney's fees and costs. Lab. Code §2699(a). After fees and costs, the remainder of a PAGA award is to be distributed as follows: 75 percent to the State labor and workforce development agency, and 25 percent to the aggrieved employees. Lab. Code §2699(i). A PAGA...

Excerpt: ...r enforcing the settlement under Cal. Code of Civ. Proc. §664.6. An elisor is a person appointed by a court “to sign documents on behalf of a recalcitrant party in order to effectuate its judgments or orders, where the party refuses to execute such documents.” Rayan v. Dykeman (1990) 224 Cal.App.3d 1629, 1635, fn. 2. When a court enters judgment under Cal. Code of Civ. Proc. §664.6, it has discretion to appoint an elisor to execute document...

Excerpt: ...ruling denying the motion on the grounds of improper service. The matter was continued to November 30, 2023 to provide plaintiff Jeffries the opportunity to file an opposition. Defendant Johnson obtained the property via quitclaim deed from her mother, Dorothy Jane Jeffries. Motion Exhibit A. On March 1, 1977 Johnson recorded a grant deed providing herself, Nordeck, and her brother Robert Dan Jeffries each a 1/3 interest in the property. Id. Exhi...

Excerpt: ...s the responses were deficient, with improper objections and insufficient production. On July 14, at the IDC, the court instructed the parties to resolve the disputes. Kaiser alleges on August 21, Davis's counsel promised to amend by September 21, 2023. Kaiser alleges Davis did not amend the responses and moves to compel further. Form Interrogatories Form interrogatory No. 2.6 requests identifying information of Davis's employers for the past fiv...

Excerpt: ...ation (MHA), recorded Crestwood's CC&Rs in 1950. Blackman decl., exhibit 1. The CC&Rs refer to MHA as “the Corporation,” and establish “the right of enforcement of said conditions and each of them [is] vested in the Corporation and in the owner or owners of any one or more of said lots as above defined.” Id. pg. 2. The 1950 CC&Rs established an architectural committee with the power to approve or disapprove new construction. Id. ¶6. The ...

Excerpt: ... agree that . . . any controversy or claim, whether at law or equity, arising out of or related to the provision of services by UPS, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.” UPS, Exhibit A §54. The terms define “claimant” as “any person asserting or against whom UPS asserts any claim in any forum for legal or equitable relief ....