Excerpt: ...ionship broke down, and Hussain sued the corporation, an employee, and several other entities. Defendants demurrer to the following causes of action: 1) Breach of Contract; 2) Fraud; 3) Negligent Misrepresentation and Deceit; 4) Breach of Fiduciary Duty; 5) Conversion; 6) Accounting; 7) Unjust Enrichment. DEMURRER The Court notes that the motion is procedurally deficient as a party cannot file a demurrer and a motion to strike as one motion. Comb...

Excerpt: ..., and Robert Blizinski (“Blizinski”), the Vice President of Human Resources of PCC. Defendants demurrer only to the following causes of action: 2) International Interference with Contractual Relations; 3) Intentional Interference with Prospective Economic Advantage; 4) Slander. DEMURRER Second and Third Causes of Action, International Interference Claims: SUSTAINED Defendants demur these claims on several grounds: Statute of Limitations, Gove...

Excerpt: ...actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (CCP § 1048(a).) “Whether separate actions shall be consolidated for trial is a matter within the discretion of the trial court...

Excerpt: ...ed matters between the parties in the same lawsuit. Thus, the courts' discretion will usually be exercised liberally to permit amendments of the pleadings. Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939. GRANTED Plaintiff's original complaint alleged breach of contract claims related to the parties' Amended and Restated Consulting Agreement (“Consulting Agreement”), in which Plaintiff provided consulting services about the construction of a ...

Excerpt: ...leadings.” (CCP § 473(a)(1).) Judicial policy favors the resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts' discretion will usually be exercised liberally to permit amendments of the pleadings. Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939. GRANTED Plaintiff's counsel states that in May 2020, he searched the California Secretary of State's website and found that four separate corporations had been o...

Excerpt: ...e sole owner. In 2020, Ruperta Banuelos sold the Property to Defendant Pyramid Investments, Inc. (“Defendant”) for $615,000. Plaintiff alleges the following causes of action against Defendant: 1) Quiet Title; 2) Cancellation of Instrument; 6) Trespass; 7) Invasion of Privacy. DEMURRER First Cause of Action, Quiet Title: OVERRULED The statute of limitations for this claim is three years. (CCP § 338(4).) Defendant argues that the statute of li...

Excerpt: ...nts failed to ensure that Kenneth Evans' (“Decedent”) fourth and fifth amendments to his estate planning documents were valid, which resulted in litigation upon his death. Plaintiff has filed this motion to quash a subpoena for production of documents served on their former counsel on the ground that the document requests violate the attorney-client privilege, her right to privacy, and are irrelevant. Judicial Notice Defendants request judici...

Excerpt: ...r later. Standard Code of Civil Procedure § 36(a) permits a party over 70 years of age to seek a trial preference. The court is required to grant the motion if it finds that the party has a substantial interest in the action as a whole and the health of the party is such that preference is necessary to prevent prejudicing the party's interest in the litigation. (CCP, § 36(a).) Upon granting a motion for preference, the Court must set the trial ...

Excerpt: ...ction (fraud and constructive fraud) and motion to strike. DEMURRER Third Cause of Action, Fraud: OVERRULED The elements of fraud are (1) misrepresentation; (2) knowledge of falsity; (3) intent to defraud, i.e., to induce reliance; (4) justifiable reliance; and (5) resulting damage. Charnay v. Cobert (2006) 145 Cal.App.4th 170, 184. The statute of limitations for fraud is three years. (Code Civ. Proc., §338 subd. (d).) Fraud must be alleged with...

Excerpt: ... Court notes that Plaintiff does not dispute the $5,623.98 in costs requested by Defendants. Standard Civil Code § 1717(a) provides in relevant part: “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract...

Excerpt: ...CA”) and Stewart Title Guaranty Company (“STGC”) (collectively, “Defendants”) recorded a Deed of Trust in the wrong county. The Complaint (“FAC”) alleges: 1) Breach of Contract—Promise to Record Deed of Trust; 2) Breach of Covenant of Good Faith and Fair Dealing—Promise to Record Deed of Trust; 3) Breach of Contract—Title Insurance Policy; 4) Breach of Covenant of Good Faith and Fair Dealing—Title Insurance Policy; 5) Neglig...

Excerpt: ...TANDARD In a motion to expunge a notice of lis pendens, the claimant who filed the lis pendens (the party opposing the motion) has the burden of proof. (Code Civ. Proc., § 405.30.) Thus, that claimant, in opposing the motion to expunge the lis pendens, has the burden of proof and must demonstrate the following: (1) the action affects title to or right of possession of the real property described in the notice; (2) in so far as the said notice is...

Excerpt: ...wners through Airbnb's website. At the prior hearing, this Court asked counsel whether the Coastal Commission should decide this matter and, among other things, whether the Commission had determined whether STRs are a developments under the Act. Judicial Notice and Evidentiary Objections Plaintiff disputes the relevancy of Airbnb's Exhibits A-L but ultimately does not object to these exhibits. Airbnb's Exhibits M-O concern the recent incorporatio...

Excerpt: ...ivil Procedure § 430.10(d) permits a demurrer to be filed on the ground that “[t]here is a defect or misjoinder of parties.” CCP § 378 allows permissive joiner of plaintiffs if “[¶] (a) (1) [t]hey assert any right to relief jointly, severally, or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will...

Excerpt: ...al form interrogatories. Plaintiff objects because these requests violate the attorney-client privilege. Procedural Issue The Court notes that Plaintiff argues that Defendants' motion is procedurally defective because it does not include a separate statement and was not filed within 45 days. Defendants' position is that—because of Plaintiff's untimely discovery response—this is not a motion to compel further but instead is a motion to compel ...

Excerpt: ...al court rulings (RJN, Exs. A-G). Only one of the rulings is binding as the rest are federal district court cases favorable to Chazares's position. The Court takes judicial notice of Chazares's exhibits under Evidence Code § 452(d), official court records, noting that federal district court cases are not binding. STANDARD Under California law, arbitration agreements are valid, irrevocable, and enforceable, save upon such grounds as exist at law ...

Excerpt: ...nts request that Plaintiff be ordered to submit to an independent mental examination (“IME”). Defendants also request that Plaintiff—for refusing to attend an IME—and her counsel be sanctioned for $7,500. Standard A party seeking any mental examination must obtain leave of court to do so. (Code Civ. Proc., § 2032.310(a).) Section 2032.310(b) provides that the motion “shall specify the time, place, manner, conditions, scope and nature o...

Excerpt: .... Currency alleges that Wertheim interfered with the economic relationship they had with Page. Wertheim brings this (1) demurrer and (2) motion to consolidate this action (BC395819) with BC598307. 1. DEMURRER Currency's First Amended Cross-Complaint (FACC) alleges: 1) Inducing Breach of Contract; 2) Intentional Interference with Contract; 3) Intentional Interference with Prospective Economic Advantage; 4) Negligent Interference with Prospective E...

Excerpt: ...not object to these exhibits and Airbnb's Exhibits M-O are about the recent incorporation of Plaintiff. Airbnb seems to imply that there is something illegitimate about Plaintiff's recent incorporation and the entity's stated purpose. The argument is not fully developed in this motion: The Court will only take judicial notice of Exhibits A-L. Plaintiff requests judicial notice of documents from the Coastal Commission and Airbnb's SEC registration...

Excerpt: ...of workers' compensation benefits and that Nepomuceno lied in 2007 when Nepomuceno testified as a victim witness against Patel in a criminal trial. In that trial Patel was convicted of savagely assaulting Nepomuceno with a hammer. Patel was sentenced to twelve years state prison. The sentenced was enhanced because the jury also found true Patel had previously been convicted of felony false imprisonment and personal use of a firearm. In that prior...

Excerpt: ...laintiff's Evidentiary Objections: Objs. David Fink Decl., OVERRULED. Defendant's Evidentiary Objections: Obj. Nos. 6 and 7, Alida Ross Decl., SUSTAINED Obj. No. 6, Charlie Ross Decl., SUSTAINED Obj. Cheandrie Ross Decl., OVERRULED Standard Derivative suits are subject to Corporation Code section 800, which states that: “[A]ny defendant who is an officer or director of the corporation…may move the court for an order…requiring the plaintiff ...

Excerpt: ...nd the Congregation of the Mission Western Province, California (“CMWPCA”) jointly filed a motion for summary judgment, which on January 5, 2021, this Court denied. Plaintiffs argue that this motion is an improper motion for reconsideration because defendants already argued that Rodriguez was not their agent. Code of Civil Procedure section 437c states that a party may not move for summary judgment based on issues raised in a prior motion for...

Excerpt: ...s of an international company with offices in the U.S. and abroad—so that she could eventually apply for permanent residency. Ultimately, the hoped-for visa was denied, and Plaintiff received neither the restaurant nor her refund. Defendants bring this opposed motion to compel arbitration. Standard Under California law, arbitration agreements are valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the re...

Excerpt: ...upermarket. The Receiver has filed this opposed motion for the Court to approve $190,337.25 in fees and expenses incurred from September 14, 2020, to March 31, 2021. Meanwhile, Plaintiff has filed a motion for leave to file a second amended complaint (“SAC”). Objections: The Receiver's objection to the “draft declaration” on the ground of lack of foundation is sustained. The declaration is a draft that does not state who wrote it—presum...

Excerpt: ... Slauson Gas Station, LLC (Plaintiff) received a $1.36 million loan from Defendant So-Cal Capital, Inc. (“So-Cal” or Defendant). Plaintiff's Complaint alleges two causes of action: 1) Discriminatory Lending Practices and 2) Breach of Contract. Defendant has filed this motion for summary judgment/summary adjudication of the two claims. Facts Presented In late October 2016, Plaintiff executed a Deed of Trust in favor of Symetra, who provided th...