Excerpt: ...avy presumption . . . in favor of arbitrability.” (Gravillis v. Coldwell Banker Residential Brokerage Co. (2006) 143 Cal.App.4th 761, 771.) A threshold issue in determining contractual arbitrability is whether the contract included or excluded the dispute from its arbitration clause. (Elijahjuan v. Superior Court (2013) 210 Cal.App.4th 15, 20.) A party opposing arbitration has the burden of demonstrating that an arbitration clause cannot be int...

Excerpt: ...CT: MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION MP: Defendant Nathan Mubasher RP: Plaintiff Amanda Cast I. BACKGROUND Factual Plaintiff Amanda Cast (“Plaintiff”) sued Defendant Nathan Mubasher (“Defendant Mubasher”) for damages based on allegations that, essentially, Defendant Mubasher did not properly represent her in an action against her former attorney who was defending her against a libel action. Servic...

Excerpt: ...3403340334>_______________ SUBJECT: TERMINATING SANCTIONS MP: Plaintiff Valleycrest Landscape Development, Inc., now known as Brightview Landscape Development, Inc. RP: Defendant Secured Capital Partners, LLC BACKGROUND Factual and Procedural A complete factual and procedural background is unnecessary to rule on this motion, but is provided below for your understanding of the case's history. Plaintiff Valleycrest Landscape Development, Inc., now ...

Excerpt: ...ith leave to amend. Defendants' Demurrer to the 1st Cause of Action (Breach of Contract against Defendant Garcia), the 2nd Cause of Action (Breach of Contract against Defendant Melara), the 3rd Cause of Action (Breach of Contract against Defendant Hamid Dental), and the 5th Cause of Action (Misappropriation of Trade Secrets) is overruled. The Motion to Strike is granted with leave to amend. Under the California Uniform Trade Secrets Act, a ci...

Excerpt: ...and the 9 th Cause of Action (Equitable Indemnity). The Motion for Summary Adjudication is denied as to the 5 th Cause of Action (Violation of B&P Section 17045). The evidence shows that Paradice suspected that GES had stolen its trade secrets and proprietary information by April 7, 2014. See Paradice's Response to Separate Statement of Undisputed Material Facts No. 10. Under the terms of the written agreement between Paradice and GES, the limita...

Excerpt: ...Motion to Strike the attorney's fees and punitive damages is granted with leave to amend. Defendants' Request for Judicial Notice is granted. As to the 1st Cause of Action: --How were the representations of competence made? --When were the representations of competence made? --What misrepresentations were made by Alison Hilgers? --What is the relationship between the failure to disclose conflicts and the claim of fraud? As to the 2nd Caus...

Excerpt: ... forth in the ruling on the Motion filed by Andrew Fuzesi and AF Associates, these claims are barred by the statute of limitations. The Motion filed by Plaintiffs/Cross-Defendants ANSA Production, Inc. and Lisa Allison Kaz for Summary Judgment of the Cross-Complaint of Dan Floyd is denied. The Motion filed by Plaintiffs/Cross-Defendants ANSA Production, Inc. and Lisa Allison Kaz for Summary Adjudication is granted as to the 3rd Cause of Action (I...

Excerpt: ...Material Facts No. 1- 4. Further, Plaintiff contends that the only way the treatment would have reached Defendant was through Michael Tadross who denies that he received the treatment. --The film, "The Judge" was independently created even though there were some similarities with Plaintiff's treatment. The draft of the screenplay for "The Judge" was received from its creators in May 2009 and the ideas were first conceived in 2...

Excerpt: ...Floyd are the alleged evidence of his lack of loyalty and good faith to ANSA, as well as his status as Fuzesi's puppet on the board. ANSA alleges that Fuzesi put Floyd on the board and that Floyd was acting as his "inside man" to pry into confidential (attorney-client) matters, to engender discord and dysfunction at ANSA, and to harm the new management team. See Second Amended Complaint Paragraphs 100-101. It is further alleged that F...

Excerpt: ... performance of the term(s) of the Settlement Agreement? The filing of a lawsuit (SC122912) is not a failure to perform under the terms of the Settlement Agreement. A mutual release of known or unknown claims does not require performance. The remedy here is that the release may be an affirmative defense to the new action. ...

Excerpt: ...to Sow for nearly nonexistent services and that the contracts were not the result of Defendant Fusezi's good faith negotiation. Further, the operative Complaint alleges that the wrongful conduct was used to benefit the Houston Auto Show. These allegations were made in SC102007. See Plaintiffs' Response to the Separate Statement of Undisputed Material Facts No. 17-21 and 28-50. In addition, the requested damages in the prior action and thi...

Excerpt: ...s a minority shareholder, that statement does not define the level of control that he has over the company. There is no evidence of the voting structure of the company and no evidence of the other members and their role in the operation of the business. Defendant testifies that he was President of the Defendant company at the time of the accident, however he presents no evidence as to his duties as President and fails to provide a proper foundati...

Excerpt: ..., whether the Defendant is their employer or a third party." Under Suarez v. Pacific Northstar Mechanical, Inc. (2009) 180 Cal.App.4th 430, 434, "while a subcontractor may not have a common law or contractual duty to employees on the worksite other than its own, it has a statutory duty of care under Cal-OSHA provisions to report hazards to which its own employees were exposed." If Western Built knew of the danger posed by the location...

Excerpt: ...ptcy Trustee settled the underlying claim. As a result, Plaintiff cannot show a favorable termination of the underlying claim because a dismissal due to settlement does not qualify as the favorable termination element of a malicious prosecution claim. See George F. Hillenbrand, Inc. vs. Insurance Company of North America (2002) 104 Cal.App.4th 784, 799. ...

Excerpt: ... of the insurance policy. "We do not insure, under any coverage, for any loss which would not have occurred in the absence of one or more of the following excluded events: We do not insure for such loss regardless of (a) the cause of the excluded event; or (b) other causes of the loss; or (c) whether other causes acted concurrently or in any sequence with the excluded event to produce the loss . . . 2. Water Damage, meaning . . . water which ...

Excerpt: ...es that Plaintiff's injuries were caused when the cab driver accelerated. The Second Amended Complaint alleges that Plaintiff's injuries were caused by the violations under the Consumer Legal Remedies Act, without which Plaintiffs would never have entered this cab. There is no contradiction in the pleading. As to the 9th Cause of Action, Plaintiffs allege that "Defendants misrepresented to the public and the plaintiffs on their websit...

Excerpt: ...arijuana facilities. She sued San Bernardino and Colton over their ordinances which limited the number of marijuana facilities that could operate in those areas. Plaintiff spoke to the press to advocate her position and injected herself into the controversy. As a limited purpose public figure, Plaintiff loses certain protection for her reputation only to the extent that the allegedly defamatory communication relates to her role in the public cont...

Excerpt: ...se of Action (Rescission) and the 6th Cause of Action (Fraud). The Demurrer is sustained without leave to amend as to the 4th Cause of Action (Wrongful Eviction). As to the 1st Cause of Action, the Cross-Complaint does not set forth why the premises are illegal and how the tenant was induced by fraud to enter into the lease. The allegations lack specificity. As to the 4th Cause of Action, no eviction took place, Cross-Complainant vacated due to a...

Excerpt: ...t did or failed to do. As to the 2nd Cause of Action, Plaintiffs allege that Decedent was mentally incapacitated until her death on September 8, 2015. See Paragraph 6 of the Complaint. Didn't the statute run on September 8, 2016? This action was not filed on September 8, 2017. As to the 3rd Cause of Action, the wrongful death claim based on Elder Abuse has a two-year statute of limitations; it is timely. Plaintiff agreed to dismiss the 4th Ca...

Excerpt: ...conclude that the Venice Boardwalk is not a trail subject to Government Code Section 831.4. There is a question for the trier of fact as to whether a rogue vehicle on the boardwalk was a foreseeable event. See Defendant's Separate Statement of Undisputed Material Facts No. 61. The bollards are there for the purpose of restricting general vehicle access to the boardwalk. Evidentiary Objections filed by Plaintiffs Nancy Martinez and Enrique Gut...

Excerpt: ...is back injury sustained at work two months prior was a cause of the accident in this case. The exclusion of the Otiero declaration was not error. His declaration was conclusory and lacked foundation. ...

Excerpt: ...ach of Contract) is overruled. As to the Quiet Title action, there is no allegation that Defendant claims title. See Paragraph 27 of the First Amended Complaint. The 2nd Cause of Action is properly alleged. As to the Fraud claim, it lacks specificity. See Paragraph 50 of the First Amended Complaint. Defendant's Motion to Strike is moot. ...

Excerpt: ...scapes. This Court previously found that there are disputed facts as to the capacity in which Zarraga signed the rental agreement. Jay Griffith Landscapes relies on the case of Crocker National Bank of San Francisco v. Say (1930) 209 Cal. 436, 440 and Sayre v. Nichols (1857) 7 Cal. 535. These cases involve promissory notes and what is required to establish that a signatory of a note signed merely as an agent or if he signed as an obligor. In that...

Excerpt: ...Chattel is sufficiently alleged. As to the 2nd Cause of Action for Negligent Supervision, there are no facts to show that Doe 1 was the agent of the Defendant or that Defendant had a duty to supervise Doe 1. As to the 3rd Cause of Action, how can Defendant Dr. Lo be responsible for the negligent supervision of him by Defendant Access Specialty Animal Hospital? There are insufficient allegations to support a claim for punitive damages. ...

Excerpt: ...l documents from Karagas, including an employment agreement between Plaintiff and Global Pacific Sales, Inc. There has been a sufficient compliance with the Court's order. ...

Excerpt: ...rued as a fact or an opinion. The truth of the statement is in dispute: "For years, the former Board member sat on the Board voting for Board decision while allowing other Board members to believe that he had the authority to do so." Plaintiff's evidence disputes the truth of the statements. Plaintiff testifies that he informed the Board of the nature of his ownership status and the Board found that this was sufficient to meet ownersh...

Excerpt: ...There is an issue here whether Defendant breached its duty of care. Defendant fails to negate the allegation of breach with evidence that the relevant power lines were maintained in compliance with GO 95. Further, SoCal Edison fails to establish that it did not know nor should have known that the building would encroach on the clearances under GO 95. In its Separate Statement of Undisputed Material Facts No. 7, SoCal Edison states, "Neither s...

Excerpt: ... significant benefit by eliminating the claim based on her filing of a police report. The Court finds that $11,000.00 in fees is reasonable using the lodestar analysis. Further, the moving party is entitled to costs of $3,012.34. These sums are ordered to be paid by Plaintiff within 10 days. ...

Excerpt: ...protected conduct. This is pre‐litigation conduct. The Paragraph references "Following the Plaintiffs' vacating the unit." There were obligations remaining on the lease. See CCP Section 425.16. With the finding of some protected conduct within the allegations of the 3rd Cause of Action, Plaintiff must make a sufficient prima facie showing of facts to sustain a favorable judgment. Plaintiffs' fail to do so in that the litigation ...

Excerpt: ...9;s assessment of the liability and damages issues in this case are reasonable based upon the evidence presented and the court's own judicial experience. See Cahill v. San Diego Gas & Electric (2011) 194 Cal.App.4th 939, 963‐964. The previous Motion for Determination of Good Faith Settlement filed by Harmar failed to address the life care plan. Now based on the testimony of the life care plan experts, the evidence of each Defendant's po...

Excerpt: ......

Excerpt: ...the basis of this cause of action were due upon payment. See the First Amended Cross‐Complaint Paragraphs 6 and 10. Which of the contracts were oral and which were implied? If implied, what was the nature of the conduct by which they were implied? The 2nd Cause of Action is really a Quantum Meruit claim. It is properly alleged. ...

Excerpt: ...s the representations were made. As to the unfair business practices claim, Plaintiff is alleging a claim for restitution. See Paragraph 23 of the Complaint. As to the claim for attorney's fees, what is the basis for the claim? As to the claim for punitive damages, a properly alleged fraud claim will prove the basis for punitive damages. ...

Excerpt: ...ysis, Plaintiff fails to show a probability of prevailing: ‐‐All three causes of action are based on Defendant's failure to disclose that she was under investigation and her misrepresentations regarding her qualifications to serve as the evaluator. The only evidence of the misrepresentations are the Stipulation and Order. Those representations fall within the protection of the litigation privilege. See Civil Code Section 47(b). See Jacob ...

Excerpt: ...alleged that the loans that form the basis of this cause of action were due upon payment. See the First Amended Cross‐ Complaint Paragraphs 6 and 10. Which of the contracts were oral and which were implied? If implied, what was the nature of the conduct by which they were implied? The 2nd Cause of Action is really a Quantum Meruit claim. It is properly alleged. ...

Excerpt: ...o the 5th Cause of Action (Violation of Civil Code Section 2924.10), the 7th Cause of Action (Negligence), and the 8th Cause of Action (Violation of Business and Professions Code Section 17200) is overruled. Several of the claims are based on the alleged conduct of Ocwen. Plaintiffs fail to allege that Ocwen acquired Shellpoint's principal assets and therefore it cannot be held liable as a successor. Plaintiffs do allege that Ocwen was acting...

Excerpt: ...rther, the moving party cannot ask this court to adjudicate that part of the damages sought in the 4th Cause of Action (Quantm Meruit) to be barred by the Statute of Limitations. As to the request to adjudicate the 4th Cause of Action (Quantum Meruit) and the 6th Cause of Action (Reimbursement), Alfredo Quesada is not claiming that he performed contractor services for the Maenpas. Instead, he is claiming that he performed services as a joint vent...

Excerpt: ...21, 2017. The Complaint was filed on November 22, 2017. As to the 5th Cause of Action (Unfair Business Practices), what conduct gives rise to this claim? Does Plaintiff have standing to bring this claim in light of the fact that he is not a competitor nor a customer of Defendant. ...

Excerpt: ...vidence that there was no breach of the agreement. The CO2 laser resurfacing procedure was removed from the consent form. See Defendant's Separate Statement of Undisputed Material Facts No. 5. Further, Defendant presents evidence that the fat transfer procedure was performed as agreed. See Defendant's Separate Statement of Undisputed Material Facts No. 6. ...

Excerpt: ...n (Constructive Fraud), and the 6th Cause of Action (Fraud in the Inducement); the Demurrer is sustained without leave to amend as to Plaintiff Alkviades David. As to the 1st, 4th and 5th Causes of Action, even though it appears on the one hand that only The Hills Settlement LTD and Beverly Hills Real Estate Holdings, LLC are the parties to the agreement, Exhibit B states that "Buyer's Agent, Victor Franco Noval, agrees to invest Five Mil...

Excerpt: ...s did not post jury fees over the past 2 years. Plaintiffs are prejudiced in that they have prepared for a bench trial. There is a failure to explain why Defendants need to conduct additional discovery. Why did they wait? ...

Excerpt: ...470003004400560003> <004800550059004c004600 0044005100470003> overruled as to Defendant Manulele I. Tuitama. <004f0048004a0048004700 00560051004800560056> <0058005600030046005200 004f0048005000480051>t <004800560057004c004a00 00470003> <004f004f0048004a004800 004c0048005100570003> <005300480046004c004900 > <000300450048004f004c00 0057004b004800030048>ntity <0049005200550003004b00 00030036004800480003> Second Amended Complaint, Paragraphs 38-40. <...

Excerpt: ...discrimination that occurred at the event." How did this defendant participate in the sex discrimination? ...

Excerpt: ...alderas testifies, "The only thing that changed on this traffic control plan was heading north on 17th Court per city, Ramon, after working hours and weekends only for us to open up traffic control, move the K‐Rail so that there was access going‐‐coming out of 17th Court, but we had to put a sign there for the no left turn, heading onto Montana so, when you come out of 17th Court, it was a right turn only so we would set up a sign for n...

Excerpt: ...m state, purposeful availment exists. See McGee v. International Life (1957) 355 U.S. 220, 221‐222. Initially, Defendant Continentale provided insurance to Plaintiffs while they resided in Germany. Thereafter, Plaintiffs moved to California and Continentale registered all of the Plaintiffs after their move to California. The policy was intended to cover the insureds internationally. By extending the insurance to Plaintiffs knowing they resided ...

Excerpt: ...ee McMillan Process v. Brown (1939) 33 Cal.App.2d 279, 283. ...

Excerpt: ...should have raised his malpractice claims during the KRS litigation. However, at the time of Plaintiff's Answer in that litigation, the claims here were not ripe and could not have been litigated in KRS v. Saber. Res judacata does not apply because this action is based on claims that arose during the pendency of the predecessor action. As to the Statute of Limitations issue, this action was filed on January 30, 2017. Therefore, the discovery ...

Excerpt: ...are not liable under this theory of relief for products used in connection with the care and treatment of patients. The allegations are not clear and more informatin is needed, for example: ‐‐What defect caused injury? ‐‐What express warranty was breached? ‐‐How are these defendants held responsible for strict liability? Defendants' Motion to Strike is granted without leave to amend. Punitive damages are not available. Further, &#...

Excerpt: ...ny of the discovery requests do not appear to be relebant to that claim. Also, some discovery seeks information from Defendant about Plaintiff's state of mind. The parties may wish to seek court assistance in the future through an Informal Discovery Conference. No sanctions. ...

Excerpt: ...port a finding of a subcontract. See Tower's Separate Statement of Undisputed Material Facts No. 1‐10. Also, the First Amended Complaint alleges that the contract exists in paragraph 25. To the extent that a subcontract between McCormick and Tower Glass was a condition precedent for a subcontract between Tesla/Asis and Tower Glass, there is a question whether the condition precedent was met. Further, there is a triable issue whether there w...