Excerpt: ...Cal.4th 503, 511. What tort did Doefendant conspire to committ? ...

Excerpt: ...ry due to the undercurrents? ‐‐What was the mechanism of Plaintiff's injury? ‐‐Were the lifeguards the agents or employees of Defendant? ‐‐Did the conduct of the lifeguard contribute to Plaintiff's injury? ...

Excerpt: ...e 3rd Cause of Action (RICO). A cause of action for civil conspiracy cannot be stated if the alleged conspirator was not personally bound by the duty that was violated by the wrongful act and that he/she was acting only as the agent or employee of the party who did have the duty. See Doctors' v. Superior Court (1989) 49 Cal.3d 39, 44. The agent immunity rule extends to allegations that the agent aided and abetted the principal. See Janken v. ...

Excerpt: ...sufficient to make the maintenance of the action inoffensive to traditional concepts of fair play and substantial justice." See Vitual Magic Asia, Inc. v. Fil‐ Cartoons, Inc. (2002) 99 Cal.App.4th 228, 238. Defendant has availed himself of the benefits of property ownership in California in a manner that is related to this case. The real property which is the subject of this litigation is located in Los Angeles County, California. It is fai...

Excerpt: ... not have an express preemption clause. However, there is implied preemption because it is clear that Congress intended to cover aviation claims. See Gilstrap v. United Air Lines (9th Circuit 2013) 709 F.3d 995, 1004. The language of the statute is to relieve lessors, owners, and those with a security interest in an aircraft from lliability for personal injury, death and property damage when they are not in actual possession or control of the air...

Excerpt: ...aragraph 47 of the First Amended Complaint. The Violation of Business and Professions Code Seciton 7031 is properly alleged. Defendant raises factual disputes which are not appropriate to resolve on Demurrer. The fraud claim lacks specificity. How, when, where, to whom and by what means were the alleged misrepresentations made? ...

Excerpt: ...establish causation and (2) cannot establish damages. As to the first ground for summary judgment, they argue that it is undisputed that Tina took the funds; that the Defendants did not take any funds; and that Tina caused the alleged damages and Defendants' alleged conduct is irrelevant. They also argue that Plaintiff cannot establish that had the funds not been taken by Tina, they would have been awarded to him in a settlement or following a tr...

Excerpt: ...ner actively participates in how the job is done, and that participation affirmatively contributes to the employee's injury, the hirer may be liable in tort to the employee." A hirer may also be liable if the hirer "knows or reasonably should know of a concealed, preexisting hazardous condition on the premises; the contractor does not know and could not reasonably ascertain the conditions; and the landowner fails to warn the contracto...

Excerpt: ...s in the document which makes Cross‐Defendant a guarantor. There is no evidence that Dr. Ghodadra was acting as the agent of Reetu Dua and therefore bound her as a guarantor of the Precise Agreement. Further, agency is not implied from the marital relationship. See Lovetro v. Steers (1965) 234 Cal.App.2d 461, 475. Where a defendant's spouse has no personal liability, there is no legitimate basis to name him or her as a defendant in the acti...

Excerpt: ...efendant is ordered to produce electronically stored information in the manner in which it is ordinarily kept or in a word‐searchable format. See CCP Section 2031.030(a)(2) and CCP Section 2031.280(d)(2). No sanctions. ...

Excerpt: ...nspection which showed that the loss was due to the roof being "worn and drying out due to normal age" and a clogged drain. "Wear and tear" is an exclusion under the policy. Plaintiff fails to show that the claim was denied due to the absence of building coverage; this was the grounds contended by Plaintiff to support a Professional Negligence claim. Plaintiff's evidentiary objections to the Declaration of Keith Sklerov are ov...

Excerpt: ...the punitive damages is denied. The Demurrer is timely. As to the Defamation claim, more facts are needed in order to determine that the alleged insults were statements of fact. As to the Intentional Infliction of Emotional Distress claim, more facts are needed to show that Cross‐ Complainant suffered severe emotional distress as a results of the alleged insults. What is the outrageous conduct? As to the Stalking claim, the Cross‐Complaint su...

Excerpt: ..., LLC. In addition, there is no right for the moving party to compel arbitration of the claims of 1501, LLC against DK Brown. However, the moving party is entitled to enforce the arbitration provision of the Prime Contradct (WSA and 1501, LLC) as against 1501, LLC because 1501, LLC has asserted in its arbitration that James Schram is dividually subject to the arbitration provision of the contract. 1501, LLC is now estopped from asserting that Jam...

Excerpt: ...torney do? The standard is that in order to grant relief from default based on extrinsic mistake, there must be a showing of "neglect of an extreme degree amounting to positive misconduct by counsel, rather tha mere inexcusable neglect, sufficient to obliterate the attorney‐client relationship and thereby preclude any imputation of counsel's neglect to the client. Positive misconduct is found where there is a total failure on the part o...

Excerpt: ...tion (Breach of Contract), the 4th Cause of Action (Unjust Enrichment), the 6th Cause of Action (Declaratory Relief/Breach of the Corporations Code 17704.10), the 8th Cause of Action (Negligent Interference with Prospective Economic Advantage), the 9th Cause of Action (Intentional Interference with Contractual Relations), the 10th Cause of Action (Intentional Interference with Economic Advantage) and the 11th Cause of Action (Breach of Fiduciary ...

Excerpt: ...here are other factors at issue here. Plaintiff admits in his Complaint that he had personal issues and Defendant submits evidence that Plaintiff was not generating sales and was failing to supervise the sales team. How do these factors impact the sale of the stock and the value of the stock? If the value of the stock was fair and reasonable, then the transfer of the shares could be made without the consent of the spouse. See Family Code Section ...

Excerpt: ...nt debtor or who may become obligated to make payments to the judgment debtor depending upon future developments." Without a named obligor in the order, who is bound by the order? As to the request for permission to propound discovery every 30 days with a shortened response period of 15 days, what is the authority for this request? See CCP Section 708.020 and 708.030 which restrict discovery requests (interrogatories and document inspection) ...

Excerpt: ...tion (Breach of Contract), the 4th Cause of Action (Unjust Enrichment), the 6th Cause of Action (Declaratory Relief/Breach of the Corporations Code 17704.10), the 8th Cause of Action (Negligent Interference with Prospective Economic Advantage), the 9th Cause of Action (Intentional Interference with Contractual Relations), the 10th Cause of Action (Intentional Interference with Economic Advantage) and the 11th Cause of Action (Breach of Fiduciary ...

Excerpt: ...ith Defendants against the 2nd and 3rd Causes of Action for Products Liability and Negligence. ‐‐Judgment on the Griffith Defendants' Cross‐Complaint based on their failure to provide West LA indemnification and defense from the Plaintiff's action. The moving party fails to provide a properly authenticated copy of the Rental Agreement containing the indemnification provision. Further, the moving party fails to establish as a matter ...

Excerpt: ...ly designed or did not include sufficient instructions or warnings of potential safety hazards. The undisputed facts show that Dockmasters did not sell, market or distribute the product to the Plaintiff. Further, Dockmasters was not involved in the chain of commerce that resulted in the sale of the product to the Plaintiff. See Dockmasters Separate Statement of Undisputed Material Facts Nos. 26‐ 32. This product was sold by Harmar to Love Handl...

Excerpt: ...any of the monthly fees required under the contract. See Separate Statement of Undisputed Material Facts No. 31. Then in the Motion, MSG asserts that Precise paid only $14,000.00 for March and April 2015. Lastly, in its Cross‐Complaint, MSG alleges that Precise paid $42,000.00 for six months of rent. See Paragraph 24 of the Cross‐ Complaint. ‐‐What is the nature of the obligation of Precise to pay $7,000.00 per month to MSG under the writ...

Excerpt: ......

Excerpt: ...se in a way that violates CC 2784.5. To avoid the express indemnification provision, Boswell must present evidence that its own actions did not in any way contribute to Plaintiffs' injury. Boswell fails to present such evidence: ‐‐Boswell had no discussions with the City or with Over & Over Ready Mix regarding the size of the trucks. ‐‐Boswell had no discussions with the City or with Over & Over Ready Mix regardring the routes to be u...

Excerpt: ...7 ‐‐Paragraph 2 of the prayer of the First Amended Complaint Plaintiff is granted 10 days leave to amend to support the claim for punitive damages. See Paragraph 37 of the FIrst Amended Complaint. Defendants' Request for Judicial Notice is granted. As to the 2nd Cause of Action, Plaintiff now alleges sufficiient facts to state a claim. See Paragraphs 3, 33 and 34 of the First Amended Complaint. Even though the allegations of the 1st Cause...

Excerpt: ...use), there are sufficiient allegations to show a claim of "taking." See Paragraph 54 of the First Amended Complaint. As to the 3rd Cause of Action (Breach of Fiduciary Duty) and the 4th Cause of Action (Accounting), Plaintiff alleges that Lyles was her fiduciary, that he was also an agent of other Defendants and that he made misrepresentations. The allegations support a fiduciary relationship. See Paragraphs 26, 27, 29 and 66 of the Firs...