Excerpt: ... §3294. “Malice” is “[c]onduct which is intended . . . to cause injury . . . or despicable conduct which is carried on . . . with a willful and conscious disregard of the rights or safety of others.” “Oppression” is “despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights.” Cal. Civ. Code §§3294(c)(1)-(2). A complaint seeking punitive damages must plead facts establi...

Excerpt: ...osses because of the property's proximity to a brush area. Hughes alleges defendants committed professional negligence, breach of fiduciary duty and negligent misrepresentation by selling the policies without informing her it would not cover fire damage. Hughes filed claims arising out of these policies against First National and General on July 21, 2021 and January 12, 2022. Both were removed to federal court on diversity grounds, and summary ju...

Excerpt: ...dentiary objections OVERRULED. In reply, Diaz argues plaintiff's expert Dr. Lee' declaration lacks foundation because Lee failed to review all of Diaz's post-procedure reports and only some Kaiser records. Diaz fails to show Lee's declaration is without evidentiary support. Lee reviewed numerous records, including Kaiser urgent care records, Diaz's post-procedure notes and operative notes from the implant removal and skin graft procedures. See pl...

Excerpt: ...urs, arguing the cross-complaint is duplicative of Campione's answer and if Campione prevails on an affirmative defense, damages will be apportioned between the defendants, the same relief sought in the cross-complaint. Woo also argues Campione's request for attorney's fees is improper. Campione cites Platt v. Coldwell Banker Residential Real Estate Services (1990) 217 Cal. App.3d 1439, 1447. Platt stated “strong policies favoring settlement an...

Excerpt: ...n agreement between parties is before a court, the court must grant a motion to compel arbitration if it determines the agreement applies to the parties' controversy. Cal. Code of Civ. Proc. §1281.2. California law strongly favors the enforcement of arbitration agreements. Weiler v. Marcus & Millichamp Real Estate Investment Services, Inc. (2018) 232 Cal.Rptr 3d, 155, 162. Crestwood Hill's 2022 guidelines contain an arbitration clause requiring ...

Excerpt: ...urth causes of action in the first amended complaint on government immunity grounds. C.H. was instructed to “set forth a specific regulation or statute triggering the §855 exception for the first through fourth causes of action.” Defendants demur to plaintiff's second amended complaint (SAC). “Public entities have broad immunity from liability for injuries suffered by an inpatient of a mental institution.” State Dept. of State Hospitals ...

Excerpt: ...dence of a physician's compliance or breach of the applicable standard of care can only be supplied with expert testimony. Willard v. Hagemeister (1981) 121 Cal.App.3d 406, 412. An expert witness' declaration is sufficient to show the absence of a triable issue of fact on summary judgment. Lerner v. Superior Court (1970) 70 Cal.App.3d 656, 660. Defendant provides the declaration of Dr. Cassileth, who reviewed medical records from Diaz and Kaiser ...

Excerpt: ...tective Order Any issue decided in a prior criminal proceeding is conclusively determined as to the parties in a subsequent civil action. Teitelbaum Furs, Inc. v. Dominion Ins. Co., Ltd. (1962) 58 Cal.2d 601. A felony conviction is exempt from the hearsay rule in a civil action, even if the conviction is under appeal. Principal Life Ins. Co. v. Peterson (2007) 156 Cal.App.4th 676. A judgment is not final for purposes of collateral estoppel while ...

Excerpt: ...e and premises liability claims. Evidentiary Objections City's Objections: 1 and 2 SUSTAINED (lack of authentication), 3 SUSTAINED (legal conclusion), 4-9 OVERRULED. Santa Monica Municipal Code Section 713 When a public entity is under a mandatory duty imposed designed to prevent against the risk of a particular kind of injury, that entity is liable for an injury of the kind proximately caused by its failure to discharge that duty. Cal. Gov. Code...

Excerpt: ...ement covering all disputes arising out of employment with NCFC. There is a liberal federal policy favoring arbitration, requiring arbitration agreements to be put on equal footing with other contracts and requiring courts to resolve any doubts as to whether a dispute falls within an arbitration provision in favor of arbitration. AT&T Mobility, LLC v. Concepcion (2011) 563 U.S. 333, 339; AT&T Tech., Inc. v. Comm Workers of Am. (1986) 475 U.S. 643...

Excerpt: ...azian, Sweeney and Bradford move for summary judgment/adjudication, arguing undisputed facts show Adefuye's claims lack evidentiary support. Member Defendants—Assault/Battery A corporate officer or director is not liable for the corporation's torts unless they ratify or directly participate in the wrongdoing. Frances T. v. Village Green Owners Ass'n. (1986) 42 Cal.3d 490, 503-504. At deposition, Adefuye admitted he never met Aivizian or Sweeney...

Excerpt: ...reduced in the reply brief from the amount sought in the initial motion), billed at hourly rates of $300-515/hour, for five attorneys who performed almost 200 hours of work. Plaintiff's initial motion sought costs, but the reply stated that costs would be sought via a separate mechanism. The prevailing party in a defective vehicle case brought by a buyer is entitled to reasonable attorney's fees. Cal. Civ. Code §1794(d). A court has broad discre...

Excerpt: ...tion under Cal. Civ. Code §425.16 follow a two-step process. Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 733. In prong one, the court determines whether the conduct underlying the cause of action arises from defendant's constitutional rights of free speech or petition. Baral v. Schnitt (2016) 1 Cal. 5th 376, 395. If moving party fails to show the conduct is constitutionally protected, the court need not address prong two. Jarrow, su...

Excerpt: ...were never removed. Evidentiary Objections OVERRULED. A court determining a summary judgment motion applies a three-step process: (1) identifying the issues, (2) determining whether moving party made an adequate showing that negates the opponent's claim, and (3) determining whether the opposing party raised a triable issue of fact. Bostrom v. County of San Bernardino (1995) 35 Cal.App.4th 1654, 1662. A defendant moving for summary judgment has th...

Excerpt: ...mmett and managed by defendants Barrington Plaza and Douglas Emmett Management. Resident plaintiffs allege defendants failed to provide adequate fire safety precautions, resulting in a fire that displaced, injured, and in one case killed, tenant plaintiffs. Plaintiffs also the building remained suffused with ash and toxic debris after the fire. Defendants Barrington Pacific, Douglas Emmett Management and Douglas Emmett (collectively “Barrington...

Excerpt: ...mmett and managed by defendants Barrington Plaza and Douglas Emmett Management. Resident plaintiffs allege defendants failed to provide adequate fire safety precautions, resulting in a fire that displaced, injured, and in one case killed, tenant plaintiffs. Plaintiffs also the building remained suffused with ash and toxic debris after the fire. Defendants Barrington Pacific, Douglas Emmett Management and Douglas Emmett (collectively “Barrington...

Excerpt: ...f's medical provider and health insurer), Sutton Place Apartments, Ocean Park Boulevard (plaintiff's prior landlords) and Mercury Insurance Company (rental insurance provider). Delakas argues the subpoenas are overly broad and burdensome. While some medical records may be discoverable, as plaintiff put her physical and mental health at issue, the subpoenas to Fried, the Sleep Institute and Aetna seek all records concerning treatment without limit...

Excerpt: ...nts had been satisfied. Based largely on this ruling, the court issued judgment on the pleadings for defendants. Defendants seek prevailing party attorneys' fees on the grounds that one of the judgments included an attorney's fee provision. Attorney's fees incurred in enforcing a judgment are recoverable if the underlying judgment includes an award of attorney's fees. Cal. Code of Civ. Proc. §685.040. This applies to later actions against third ...

Excerpt: ...ee the project. Plaintiff alleges Joseph assisted his father Stuart in a conspiracy to misappropriate project funds. The court will refer to the Rubin defendants by their first names to distinguish the parties. Defendant Joseph Rubin's Motion for Judgment on the Pleadings Joseph moves for judgment on the pleadings, arguing the first amended complaint includes no specific allegations against him, and its allegations contradict Stiffelman's sworn t...

Excerpt: ...se nuisance and that Mardirossian's chain link fence trespasses onto his property. Mardirossian moves to quash deposition subpoenas for production of business records from his law firm, Mardirossian Akagarian (MA). Hartunian/Festa Subpoenas for Business Records Howarth served subpoenas on Rich Festa, a State Farm employee, and Avo Harutunian, Farmers Insurance employee, seeking documents and communications related to fire insurance for Mardirossi...

Excerpt: ...echanic's lien. Breach of Contract The breach of contract claim does not allege a contract between Puryear and Groundtech, and the contract does not name Puryear as a party. Complaint ¶¶14-19, Exhibit 1. The complaint alleges RDG breached its subcontract by failing to pay Groundtech but does not state an obligation that Puryear allegedly failed to fulfil. Complaint ¶¶17-19. The complaint fails to adequately allege a contract claim against Pur...

Excerpt: ...fair business practices and requesting injunctive relief. There is a strong public policy in favor of allowing amendments to pleading. Mesler v. Bragg Mgmt. Co. (1985) 39 Cal.3d 290, 296. Generally, unless there is prejudice to the opposing party or unreasonable delay, it is an abuse of discretion to deny leave to amend at any stage of litigation. A.N. v. County of Los Angeles (2009) 171 Cal.App.4th 1058, 1068. Discovery is ongoing, and trial has...

Excerpt: ...alifornia public policy favors arbitration. People v. Mapblebear Inc. (2022) 81 Cal.App.5th 923, 930. Absent fraudulent inducement, a party cannot avoid enforcement of an arbitration agreement because the party has limited proficiency in the English language. Caballero v. Premier Care Simi Valley LLC (2021) 69 Cal.App.5th 512, 519. It is incumbent upon the party with limited English proficiency to inform the other party and request to have it rea...

Excerpt: ...me barred, and undisputed expert evidence shows Kohan did not breach the standard of care. Kohan's Evidentiary Objections All objections OVERRULED. Statute of Limitations Cal. Code of Civ. Proc. §340.5 states a one-year statute of limitations for medical negligence claims, which applies if the gravamen of the claim is the manner in which the professional rendered health care services. Larson v. UHS of Rancho Springs, Inc. (2014) 230 Cal.App.4th ...

Excerpt: ...lliams used his position for self- dealing, reimbursing himself for personal expenses, paying himself an unauthorized salary and negligently managing Metro's properties and finances. Williams demurs to portions of the first amended complaint and moves to strike the request for punitive damages. Shareholder Derivative Claims (First, Third, Sixth, and Ninth Causes of Action) For a shareholder to bring a derivative action on behalf of a corporation,...