Excerpt: ... the court lacked jurisdiction and move to set aside the default and quash service. A court may, on motion of an injured party, may set aside any void judgment or order. Cal. Code of Civ. Proc. §473(d). A default void for lack of personal jurisdiction can be challenged under §473(d). Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1250. To exercise personal jurisdiction over a nonresident defendant, plaintiff has the burden to show d...

Excerpt: ...ustained defendants' demurrer with leave to amend. Defendants now demur to the first amended complaint. Open Book Accounts A book account is a “detailed statement which constitutes the principal record” of transactions between the parties. Eloquence Corporation v. Home Consignment Center (2020) 49 Cal.App.5th 644, 666. An action to recover on a book account consisting of one or more entries is subject to a four-year statute of limitations. Ca...

Excerpt: ...reached a confidential settlement with the Tork Law defendants, who move for determination of good faith settlement. Defendant Ghodadra opposes. “Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co- obligors . . . shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors[.]” Cal....

Excerpt: ...int Dume Tennis Association (PDTA), own property as tenants in common. The Bernsteins allege PDTA's bylaws give members a right of first refusal or purchase option if another member decides to sell their interest or if the PDTA decides to sell the entire property. The Bernsteins allege the individual cross-defendants refused to acknowledge the purchase option, deceived them as to the content of an amendment to the bylaws and induced a sale of the...

Excerpt: ...o decay due to missing bark and failed to properly trim its roots. Arborists moves for summary judgment. Evidentiary Objections Plaintiffs' Objections OVERRULED. Defendant's Objections OVERRULED. Summary Judgment Standard Absent a duty of care, no negligence cause can lie. Ky. Fried Chicken of Cal. v. Superior Ct. (1997) 14 Cal.4th 814, 819. Generally, there is no duty to correct or warn of dangerous conditions without the right to control the pr...

Excerpt: ...r mortgage agreement with 1126 Chantilly's predecessor, and the foreclosure sale was conducted under false pretenses. The Tallaricos filed a prior wrongful foreclosure case arising out of the same facts (case no. 20SMCV00959), which they dismissed. 1126 Chantilly Road and Allstar Financial Services move to compel arbitration. Under Cal. Code of Civ. Proc. §1281.2, a court orders parties to arbitrate if “it determines that an agreement to arbit...

Excerpt: ...ns Recreation and Conservation Authority, which own property in and adjacent to Sycamore Park community, move for summary judgment or adjudication. Evidentiary Objections Defendants' Objections: All objections to Boss declaration (Objections 1-35) SUSTAINED for improper legal opinion from expert witness. Objection 37 SUSTAINED for speculation, other objections OVERRULED. Plaintiffs' Objections: Objection 1 SUSTAINED (improper opinion). Objection ...

Excerpt: ...on to Vacate Sister-State Judgment on Judgment by Confession is GRANTED. Background On April 21, 2021, Judgment Creditor Queen Funding, LLC (“Judgment Creditor”) filed an “Application for Entry of Judgment on Sister-State Judgment” as to Judgment Debtors National Progressive Inc. dba Best-1 Trucking Service and Tony Taofu Hsu (collectively, “Judgment Debtors”). On April 21, 2021, “Judgment Pursuant to Code of Civil Procedure Section...

Excerpt: ...t administrative remedies and statute of limitations grounds. Defendant Dina also moves to quash the summons. A defendant establishes their initial burden on summary adjudication by showing evidence to negate an essential element of a cause of action, demonstrate plaintiff does not have or cannot obtain needed evidence or establishes a complete defense. Cal. Code of Civ. Proc. §437c(c), Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. On...

Excerpt: ...ants, who represent the LA County Department of Public Health and the City of West Hollywood, arbitrarily designated the patio as “indoor dining,” fining plaintiffs and closing the patio. Plaintiff alleges violation of Fourth and Fourteenth Amendment rights and sues under 42 U.S.C. §1983. Plaintiff also alleges defendant Cosylion engaged in harassment, issuing noise violation citations. Defendants County of Los Angeles, City of West Hollywoo...

Excerpt: ..., arguing failure to exhaust administrative remedies and statute of limitations grounds. Defendant Dina also moves to quash the summons. A defendant establishes their initial burden on summary adjudication by showing evidence to negate an essential element of a cause of action, demonstrate plaintiff does not have or cannot obtain needed evidence or establishes a complete defense. Cal. Code of Civ. Proc. §437c(c), Aguilar v. Atlantic Richfield Co...

Excerpt: ...A motion for judgment on the pleadings (MJP) is essentially the same as a demurrer but may be filed after an answer. Smiley v. Citibank (1995) 11 Cal.4th 138, 145-146. When analyzing an MJP the court treats all factual allegations as true and based on the face of the pleading or judicially noticeable facts determines whether the pleading states a valid cause of action. Limandri v. Judkins (1997) 52 Cal.App.4th 326, 339. Breach of Contract General...

Excerpt: ...t of an attachment may only issue in actions on a claim for money based on contract where the amount owed exceeds $500 and is “fixed or readily ascertainable” by reference to the contract. A writ of attachment may not issue against a claim secured by real property and may only issue against a natural person when the claim arises out of the conduct of a “trade, business, or profession.” Cal. Code of Civ. Proc. §483.010. A writ of attachme...

Excerpt: ... name, preventing him from collecting against defendant's contractor's bond. Corbin demurs. Evidentiary Objections Plaintiff's objection SUSTAINED (improper, non-judicially noticeable declaration in support of demurrer.) Defendant Corbin states an identical action (Case No. SC121863) brought by the Ridgeways against B & R Air Conditioning, Inc. was dismissed after default was set aside and plaintiff failed to file an amended complaint. Request fo...

Excerpt: ...ministrative remedies and statute of limitations grounds. Defendant Dina also moves to quash the summons. A defendant establishes their initial burden on summary adjudication by showing evidence to negate an essential element of a cause of action, demonstrate plaintiff does not have or cannot obtain needed evidence or establishes a complete defense. Cal. Code of Civ. Proc. §437c(c), Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. Once d...

Excerpt: ... this motion, arguing new evidence establishes the proof of service is false. Under Cal. Code of Civ. Proc. §1008(b), a court may set aside an order upon a showing of “new or different facts, circumstances, or law[.]” Additionally, a court may set aside any void judgment or order under Cal. Code of Civ. Proc. §473(d). The law favors disposition of claims on their merits, rather than through default. Mink v. Superior Court (1992) 2 Cal.App.4...

Excerpt: ...a three-day notice to quit. Plaintiff moves for summary judgment. Defendants filed a quiet title action, case no. 21SMCV01047, alleging the foreclosure was fraudulent. Plaintiff moves for summary judgment in the UD. Defendants move to consolidate this action with the quiet title action and/or to stay the UD until the title claim is resolved. Motion to Consolidate A court may consolidate matters. Cal. Code of Civ. Proc. §403, 1048. A court may or...

Excerpt: ... to intervene. Pursuant to Cal. Code of Civ. Proc. §387, a nonparty may petition a court to intervene. The motion must be granted if a provision of law confers an unconditional right to intervene or if the moving person “claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest...

Excerpt: ...service requirements in the Vienna Conventions. The hearing, scheduled for May 20, 2021, was continued by stipulation. Per Cal. Code of Civ. Proc. §418.10(a)(1), a defendant may move to quash service of summons on the grounds of lack of jurisdiction. A default judgment void for lack of proper service may be set aside under Cal. Code of Civ. Proc. §473(d) if filed within two years of entry of judgment. Trackman v. Kenney (2010) 187 Cal.App.4th 1...

Excerpt: ...f, Robert Hull 3. Defendants William Gillespie's and Satcal, Inc. dba Keller Williams Realty's DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT Responding Party: Plaintiff, Robert Hull Tentative Ruling 1. Plaintiff Robert Hull's Motion to Compel Defendant Doug Denhart to Provide Further Responses to Form Interrogatories is GRANTED in part (i.e., as to Nos. 2.2, 2.3, 2.4, 2.11, 4.1, 4.2, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 13.1, 13.2, 17.1 an...

Excerpt: ...ttorney who represented defendant IVC and allegedly participated in the scheme, moves for judgment on the pleadings. A plaintiff cannot allege a cause of action against an attorney for civil conspiracy with his client arising from an attempt to contest or compromise a claim or dispute without first obtaining a court order allowing the pleading to be filed. Cal. Civ. Code §1714.10. Failure to procure such order may be raised by any appropriate mo...

Excerpt: ...ion generally known in the trade or used by good faith competitors is not protected as a trade secret. American Paper & Packaging Prods. v. Kirgan (1986) 183 Cal.App.3d 1318, 1326. Defendants argue the allegedly stolen information is not proprietary because a database of customer leads purchased from a database generator supplier would be readily available to competitors. Whether such information is readily available is a factual issue the court ...

Excerpt: ... settlement agreement provided for arbitration. Pursuant to that agreement, Essex submitted its dispute to JAMS. The arbitrator issued a “partial final award” in Essex's favor for $1,264.425.91. Essex moves to confirm; COA seeks to vacate. A party in an arbitration in which an award has been made may petition the court to confirm the award. Code of Civ. Proc. §1285. An arbitration award is subject to limited judicial review, with all presump...

Excerpt: ...espoke, Needham, Soldinger and Stanton move for judgment on the pleadings. Plaintiff requests writs of attachment against Stanton and general contractor defendant Boswell Construction. A motion for judgment on the pleadings is essentially identical in function to a general demurrer and is decided based of the face of the challenged complaint and judicially noticeable evidence. Virginia G. v. ABC Unified School Dist. (1993) 15 Cal.App.4th 1848, 18...

Excerpt: ...he video without a protective order, and it was widely distributed, damaging Nutribullet's reputation and leading to the filing of other claims. AW argues this action is barred by the one-year statute of limitations for legal malpractice claims. Evidentiary Objections Plaintiffs' Objections: Objections 8-9 SUSTAINED (hearsay). Other objections OVERRULED. Defendants' Objections: OVERRULED. A defendant can fulfill its initial burden on summary judg...

Excerpt: .... Defendants' Objection 3 SUSTAINED (contradicts plaintiff's deposition testimony) other objections OVERRULED. Motion for Summary Judgment A defendant can meet her initial burden on summary judgment by producing evidence showing a complete affirmative defense exists. Cal. Code of Civ. Proc. §437c. Once defendant has met that burden, the burden shifts to plaintiff to show a triable issue of material fact. Salas v. Dept. of Transportation (2011) 1...

Excerpt: ... agreement, damaging the property and diminishing other tenants' quiet enjoyment. Via the cross-complaint, Huesca and Luske allege they stipulated to an unlawful detainer judgment awarding Aimco possession and $7,398 in holdover damages in exchange for a general release of all claims. Cross-complainants argue Aimco violated the stipulation by filing the instant breach of contract lawsuit; Aimco demurs. Breach of Contract The elements of a cause o...

Excerpt: ... defendant concealed or suppressed a material fact, (2) defendant was under a duty to disclose, (3) defendant intentionally concealed or suppressed the fact with intent to defraud plaintiff, (4) plaintiff was unaware of the concealed fact and would not have acted as he did if he had known about it and (5) damage. Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248. To establish fraud against a corporation, plaintiff must (1) identif...

Excerpt: ...unts A plaintiff cannot plead common counts to “resurrect” a factually identical breach of contract claim barred by the statute of limitations. Leighton v. Forster (2017) 8 Cal.App.5th 67, 494-495. When a cause of action is unenforceable because the contact is not in writing, the claim generally lies on a quantum meruit common claim, subject to a two-year statute of limitations. Iverson, Yoakum, Papiano & Hatch v. Berwald (1999) 90 Cal.Rptr.2...

Excerpt: ...r plaintiff's claims should be reclassified as a limited civil action. See 5/4/2021 minute order. Plaintiff opposes. An action may be treated as limited civil if the amount in controversy does not exceed $25,000. Code of Civ. Proc. §85. A court may, on its own motion, reclassify a case before trial if it becomes clear the matter will “necessarily” result in a verdict below the jurisdictional amount. Code of Civ. Proc. §403.040. Walker v. Su...

Excerpt: ... were deficient. The parties met and conferred, and on August 14, 2020, defendant supplemented his responses. Plaintiff alleges there remained unresolved issues with the responses. On December 4, 2020, the court held an informal discovery conference. The parties met and conferred again on January 14, 2021 but were unable to resolve all outstanding discovery issues. At plaintiff's request, the court granted leave to file the instant motion to comp...

Excerpt: ...pack failed to pay for over $750,000 worth of goods and fraudulently induced plaintiff to continue providing goods despite having no intention of paying. Finally, plaintiff alleges defendants failed to make a payment due under the debenture. Defendant Loudpack demurs to the claims for breach of the implied covenant of good faith and fair dealing and breach of contract. Defendants LPF and Ravner demur to plaintiff's common counts claims— reasona...

Excerpt: ... Act. Defendant demurs, arguing, as a matter of law, the website's accessibility information (quoted in the complaint) meets ADA requirements. This hearing was set for May 12, 2021 but continued to June 2, 2021 at plaintiff's request to allow him to file opposition. On demurrer a court can take judicial notice of pleadings and orders in federal court. Cal. Evid. Code §452(d). Additionally, a court can take judicial notice of information obtained...

Excerpt: ...dant Pegasus Asset Management (PAM) was to provide property management services. Plaintiff alleges PI failed to perform due diligence, discover drainage issues or find qualified tenants. Plaintiff alleges PAM failed to install or maintain a manager, and both defendants concealed that they were not licensed in Texas. PAM moves to compel arbitration on the grounds that the property management agreement between plaintiff and PAM contains an arbitrat...

Excerpt: ...ndants argue plaintiffs fail to include an indispensable party, a former co-tenant. Defendants present no judicially noticeable evidence that she must be joined. Absent judicially noticed material that contradicts the complaint, a demurrer must be decided on the four corners of the pleading. E.g. Frantz v. Blackwell (1987) 189 Cal.App.3d 91, 94. The complaint alleges no wrongdoing directed at the former co- tenant. Complaint at ¶4. The other ten...

Excerpt: ...h facilities. Defendants Prasad and St. John separately move for summary judgment/adjudication. Evidentiary Objections Plaintiffs' Objection: OVERRULED Defendant Dr. Prasad Objections: OVERRULED Defendant St. John Objections: OVERRULED Defendant Dr. Prasad's Motion Wrongful Death/Medical Negligence For a medical negligence claim, plaintiff must prove a negligent act or admission by a health care provider proximately caused injury. Cal. Civ. Code ...

Excerpt: ... Gold Pacific cross-complained, alleging Palm failed to pay and seeking indemnity. Palm demurs to the first amended cross-complaint (FACC) and moves to strike. Cohan Claims – alter ego Generally, an alter ego claim must be pleaded in the complaint. First Western Bank and Trust Company v. Bookasta (1968) 73 Cal.Rptr 657, 659. Often, however, an alter ego theory requires less particularity of pleading, since “the defendant may be assumed to pos...

Excerpt: ...2020. Defendant moves to compel further responses. The scope of discovery is broad, and all information that might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement. Gonzalez v. Sup. Ct. (1995) 33 Cal.App.4th 1599, 1611. Under Cal. Code of Civ. Proc. §§2030.300, 2033.290, 2031.310, a party serving discovery requests can move to compel further responses if the responding party provides incomplete r...

Excerpt: ... because the property is held in an irrevocable trust. Defendants move to strike all tort claims in the first amended complaint on the grounds that obtaining writs of attachment and recording real property liens constitute protected activity under the anti-SLAPP statute. Courts resolving an anti-SLAPP motion 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 cou...

Excerpt: ...ty, and because no real property claim was articulated. Plaintiff moves to re-record the lis pendens, arguing it has new evidence of the claim's validity. Plaintiff argues transcripts from a separate action, Actual Funding Investment, LLC v. Behrooz Yasmen, prove defendant Masoud Kahrobaie, acting on behalf of the Kahrobaies, provided funds to allow Shama Enterprises, LLC to obtain a 25% ownership interest in the property on the Kahrobaies' behal...

Excerpt: ...es, so is not responsible under a premises liability theory. Additionally, UPS argues its guard did not proximately cause the fall under the negligence claim. A moving defendant has the initial burden on summary judgment to prove an affirmative defense, disprove at least one essential element of the plaintiff's cause of action, or show that an element cannot be established. Stonegate Homeowners Ass'n. v. Staben (2006) 144 Cal.App.4th 740, 750. On...

Excerpt: ...ds that plaintiff cannot prove damages. Additionally, defendant moves for summary adjudication of the unjust enrichment claim. A defendant moving for summary adjudication meets the initial burden by presenting evidence showing that one or more elements of a cause of action cannot be established or that there is a complete defense to a cause of action. Aguilar v. Atlantic Richfield Company (2001) 25 Cal.4th 826, 850. Once that initial burden is me...

Excerpt: ...eeks to recover commission allegedly owed under a real estate listing agreement with Alexander. Defendant Alexander moves for summary judgment, arguing the listing agreement was unfair and impermissible under the rules of professional conduct. Evidentiary Objections Plaintiff's Objection 1 OVERRULED, Objection 2 SUSTAINED (hearsay) Defendant's Objection 1 OVERRULED, Objection 2 SUSTAINED (lack of personal knowledge) California Rules of Profession...

Excerpt: ...2010) 1818 Cal.App.4th 60. The elements of trespass are (1) plaintiff's ownership of the property, (2) defendant's intentional, reckless, or negligent entry, (3) lack of permission, (4) harm and (5) causation. Ralph's Grocery Company v. Victory Consultants (2017) 17 Cal.App.5th 245, 262. Plaintiffs revoked defendant's permission to park on the property in January 2017. Plaintiff's separate statement (PSS) 18. Defendant admitted at the contempt he...

Excerpt: ...uch was not required. Upon learning plaintiff provided services without leave, the bankruptcy court set an OSC re: disgorgement of plaintiff's fees. On October 11, 2018 plaintiff and Christel Pascucci entered into a settlement agreement under which plaintiff disgorged all fees and assigned his claims against WHB to Christel; the agreement was approved by the bankruptcy court on October 15, 2018. On October 14 and 15, 2018 debtor and Christel Pasc...

Excerpt: ...anufacturer of the stairs, moves for summary judgment on causation grounds. Summary Judgment Standard A court determining a summary judgment or adjudication motion must (1) identify the issues framed by the complaint, (2) determine whether the moving party has made an adequate showing that negates the opponent's claim, and (3) determine whether opposing party raised a triable issue of fact. Bostrom v. County of San Bernardino (1995) 35 Cal.App.4t...

Excerpt: ...intiff responded to the January and February discovery on May 29, 2020 and provided further responses on October 8, 2020. Defendant claims these responses were deficient and contained improper objections. To date, plaintiff has not responded to the December 23 RFPs. Defendant moves to compel further responses. Analysis Information is discoverable if it “might reasonably assist a party in evaluating the case, preparing for trial, or facilitating...

Excerpt: ...ication. Plaintiff's evidentiary objections OVERRULED. Summary Judgment Standard A court determining a summary judgment motion applies a three-step process: (1) identifying issues framed, (2) determining whether the moving party has made an adequate showing that negates the opponent's claim, and (3) determining whether the opposing party has raised a triable issue of fact. Bostrom v. County of San Bernardino (1995) 35 Cal.App.4th 1654, 1662. A de...

Excerpt: ...rance agreement, under which lender would refrain from seeking to collect until May 1, 2020, when the entire outstanding debt came due. Plaintiff alleges the loan has not been paid and moves for summary judgment. Evidentiary Objections Defendant's Objections: SUSTAINED as to objections 6 and 7 (hearsay) and 16 (improper legal opinion/speculation.) OVERRULED as to other objections. Plaintiff's Objections: SUSTAINED as to objection 1 and 2 (Respond...

Excerpt: ... a type of remedy. Batt v. City & County of San Francisco. (2007) 155 Cal.App.4th 65, 82. Plaintiff seeks declaratory relief in connection with her first cause of action. A separate claim for declaratory relief is redundant and adds nothing by way of law or fact. SUSTAINED without leave to amend. Private Nuisance A nuisance consists of “anything which is injurious to health . . . or is indecent or offensive to the senses, or an obstruction to t...