Excerpt: ...Con Media ABC Trust ("Trust') demurs to the first through third causes of action for declaratoty relief on the ground that they pertam to past wrongs. "If there is a controversy that calls for a declaration ofrights, it is no objection that past wrongs are also to be redressed; but there is no basis for declaratory relief where only past wrongs are involved." (Osseous Technologies of America, lnc v. DiscoveryOrtho Partners LLC (2010) 191 CalApp.4...

Excerpt: ... facts. "Under the Government Claims Act (Gov.Code, S 810 et seq.), there is no common law tort liability for public entities in California; instead, such liability must be based on statute." (Guzman v. CounO' of Monterey (2009) 46 Cal.4th 887, 897, citing Gov. Code 5 815(a) C" "Except as otherw•lse provided by statute: A public entity is not liable for an injuty, whether such injury arises out of an actor omission of the public entity.m"].) A ...

Excerpt: ...e, Nos. 13-16, 34, and 35, which are set forth below: No. 13 All DOCUMENTS IDENTIFYTNG [sic] repurchases made by YOU of the 2014 GMC Sierra vehicles and allegedly containing any of the conditions, defects, or nonconformities for which Plaintiff presented the SUBJECT VEHICLE to YOU for repair. (For purposes of this request, the term "IDENTIFYING" seeks documents establishing the name of the complaining PERSON , the complaints made by such PERSON(S...

Excerpt: ... FOR SUMMARY ADJUDICATION All evidentiaty objections are OVERRULED. Defendant Kia America, Inc. moves for summary adjudication with respect to the fourth cause of action for fraudulent inducement based on concealment, the fifth cause of action based on intentional misrepresentation, and the claim for punitive damages. Defendant contends that the fourth and fifth causes of action are barred by the economic loss rule. As our Supreme Courtheld in Er...

Excerpt: ...o Coun)' Credit Union (2020) 50 Cal.App.5th 1048, 1075.) Defendant LASD, a public entity, contends that plaintiff Emily Diane Leatherman fails to plead a statutory basis for liability. In a caption page contained within the Complaint, plaintiff purports to assert causes of action for mental harassment, physical harassment, emotional and psychological harassment, stalking, extortion, forcing action by illegal means, cyber bullying, and online hara...

Excerpt: ... Cause, pursuant to which plaintiff Chris Nelson would be required to demonstrate why an appropriate sanction should not be imposed against him for purportedly violating the protective order entered on 4/11/22. (Strub Decl. 5 & Ex. A ["Protective OrdeÜ].) At issue are certain portions of defendant's deposition testimony that plaintiff allegedly disclosed publicly. In applymg for an order to show cause re: contempt, "[w]hen the contempt is not co...

Excerpt: ...nly for the existence of the documents, not the truth of the matters asserted therein. (See Evid. Code S 452(d); Sosins&v v. Grant (1992) 6 CalApp.4th 1548, 1564-69.) Plamtiff Solomon Aflalo and purported third party intervenors, the Ruffulo plaintiffs, move to modi$ the protective order entered in the instant action. Movants seek to modi$r the defimtion of "Proceeding' to include the Ruffulo action and the definition of "Court' to include the U....

Excerpt: ...et one, Nos. 1-3, 12-21, 30-33, 35, 40, 61, 62, 69, 71, 72, 74, 77, 78, 80, 90- 94, and 96. As a preliminaty matter, plaintiffs general objections based on the attorney-client privilege and the attorney work product doctrine were timely, even though the privileges were not asserted in the separate initial responses to each request (Bardavid Decl. 3 & Ex. B at 2:3-6; Korea Data Systems Co. v. Superior Court (1997) 51 Cal.App.4th 1513, 1516 [findin...

Excerpt: ....4th 897, 912, fn. 8 [taking judicial notice ofrecords of administrative agency pursuant to Evidence Code S 4520.) Defendants' evidentiary objections are OVERRULED. ISSUE NO. 1 : Whether The Third Cause of Action For Sexual Harassment In Violation ofthe FEHA Is Time-Barred Because No Actionable Conduct Took Place Within the Statutory FEHA Limitations Period. (UMF 1-14) Defendants City of Bell Gardens ("City') and William Koholokula maintain that ...

Excerpt: ...espass are: (1) the plaintiffs ownership or control of the property; (2) the defendant's intentional, reckless, or negligent entry onto the property; (3) lack of permission for the entry or acts in excess of permission; (4) harm; and (5) the defendant's conduct was a substantial factor in causing the harm." (Ralphs Grocery Co. v. Victory Consultants, lnc (2017) 17 CalApp.5th 245, 262.) Defendant Spectrum Pacific West, LLC contends that plaintiff ...

Excerpt: ...C (2020) 53 Cal.App.5th 486 that equitable estoppel applied to the arbitration provision in the form Retail Installment Sale Contract (“RISC”). (See Ford Motor, 2023 WL 2768484 at 4 [“We respectfully disagree with Felisilda's analysis for the following reasons”].) Defendant Hyundai Motor America relies on Felisilda in asserting that equitable estoppel applies. (Mtn. at 9:15-10:10; Reply at 1:9-5:20.) “Decisions of every division of the ...

Excerpt: ...he First Amended Cross-Complaint. With respect to the third cause of action, Enriched Design argues that unjust enrichment is not a cause of action. Unjust enrichment has been recognized as a cause of action in the relatively recent case of Professional Tax Appeal v. Kennedy‐Wilson Holdings, Inc. (2018) 29 Cal.App.5th 230, which was cited by cross-complainant HSD Investors, LLC (“HSD Investors”). (Professional Tax Appeal, 29 Cal.App.5th at ...

Excerpt: ...causes of action for breach of contract, cross-complainants GOSH Enterprises, Inc. and BBB Operating CA-1, LLC (“Guarantor” and “Tenant,” respectively) base this cause of action on the covenant of good faith and fair dealing implied in all contracts. (XC ¶¶ 37, 46.) Cross- complainants allege that Landlord unreasonably refused to secure or negotiate with potential replacement tenants and to negotiate a workout or early termination of th...

Excerpt: ...ndez Jr.'s sole cause of action for Violation of the Magnuson-Moss Warranty Act (“Magnuson- Moss”) references or relies on Song-Beverly, such reference or reliance is improper. The Court previously found on summary judgment that, in accordance with Rodriguez v. FCA US, LLC (2022) 77 Cal.App.5th 209, plaintiff may not invoke Song-Beverly because plaintiff purchased the vehicle used. (8/9/22 Minute Order; Rodriguez, 77 Cal.App.5th at 222- 23.) ...

Excerpt: ...628910 Third Amended Complaint) are GRANTED, but only for the existence of the documents, not the truth of the matters asserted therein. (See Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Cross-complainants' requests to take judicial notice of Exhibits C (BC628910 Request for Dismissal), D (SC127659 Request for Dismissal), E (BC679542 Request for Dismissal), F (SC127659 Judgment), and H (21STCV39787 Request for Dism...

Excerpt: ...l was initially set for November 7, 2022. (8/13/21 Minute Order.) Under CCP § 2024.020(a), discovery closed 30 days before the day initially set for trial. Accordingly, the discovery cut-off date was October 10, 2022. (CCP §12a [deadlines falling on Saturday moved to next court day].) As a preliminary matter, plaintiff argues that defendant did not meet and confer before filing this motion, as required by CCP § 2024.050(a). The Court disagrees...

Excerpt: ...sion, Set One is GRANTED IN PART. I. PLAINTIFF SOLOMON AFLALO'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET TWO Plaintiff Solomon Aflalo moves to compel further responses from defendant Farmers Group, Inc. to Requests for Production of Documents, Set Two, Nos. 1-8, as set forth below: REQUEST FOR PRODUCTION NO. 1: A DOCUMENT, or set of DOCUMENTS, showing that defendants have been made aware of formal or informa...

Excerpt: ...ichael Bragafs Motion to Deem Requests for Admission Admitted is GRANTED. 1. MOTION TO COMPEL INITIAL RESPONSES TO (1) FORM INTERROGATORIES, SET ONE AND (2) REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE Plamtiff Michael Bragar moves to compel initial responses from defendants Christopher D. Mitchell, Westlake Capital Paftners, Inc„ and Bitcoin Advizers LLC to Form Interrogatories, Set One and Requests for Production of Documents, Set One, which...

Excerpt: ...ice Private Duty Agency, Inc. ("Family Choice") to Form Interrogatories, Set One Nos. 1.1, 3.1, 3.6, 3.7, 4.1, 9.1, 9.2, 12.1-12.4, 12.7, 15.1, 16.1, 16.2, 16.3, 16.10, 50.1(a), 50.10, and 50.2. As a prelimmary matter, Easton contends that Family Choice's verification is insufficient because it was based on information and belief. Easton cites no authority supporting this proposition. Arguments without any legal authority are without merit (Kensi...

Excerpt: ...in this action by electronically signmg the Agreement on Alternative Dispute Resolution, which incorporates the Employment Dispute Arbitration Procedure. (Prybyla Decl. 13 & Ex. A.) Plaintiff does not deny signing the Agreement Rather, plaintiff opposes the motion on the ground that she believes the Agreement is procedurally and substantively unconscionable. (See Civ. Code S 1670.5(a) An arbitration agreement must be both procedurally and substan...

Excerpt: ...n for Issue and Monetary Sanctions agamst Defendant The Onei Entertainment Inc. is IN PART. Plamtiff 12 Albany, LLC moves for issue sanctions agamst defendants Chong Sang Eric Tak OG Farmz, Inc„ and The Onel Entertainment, Inc. based on the violation of a court order compelling responses to discovety. On December 13, 2022, the Court granted plaintiffs motions to compel responses from defendants to Form Interrogatories-General, Set One. (Chung D...

Excerpt: ... matters asserted therein. (See Evid. Code S 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendants' request to take judicial notice of the Notice of Entw of Dismissal in Dina C Felisilda, et al, v. FCA US LLC, et al. is DENIED as "unnecessary to the resolution" of the issues before the Court. (Martinez v. San Diego County Credit Union (2020) 50 CalApp.5th 1048, 1075.) Defendants' evidentiary objections are OVERRULED. Defendant...

Excerpt: ...rty & Casualty Insurance Company's First Amended Complaint is GRANTED IN PART. Plamtiffs Zurich American Insurance Company and ACE Property & Casualty Insurance Company s Motion to Compel Deposition is DENIED. 1. DEMURRER AND MOTION TO STRIKE RE: PLAINTIFF ZURICH AMERICAN INSURANCE COMPANYS SECOND AMENDED COMPLAINT Defendant Mitsubishi Electric US, Inc.'s requests to take judicial notice of Exhibits A (Zurich's Second Amended Complaint), B (Compl...

Excerpt: ...eement"). (See Rice Decl. 2 & Ex 14 at S 13.5 ["Except as otherwise provided in this Agreement, any controversy betvveen the parties arising out of this Agreement shall be submitted to the American Arbitration Association for arbitration in Los Angeles, California or San Francisco, CA'].) For the reasons stated in that tentative ruling, the Court still finds thatto be the case. (2/14/23 Minute Order.) However, Kristoffer J. Kaufmann and Gary P. D...

Excerpt: ...ncess Gray to Form Interrogatories, Set One Nos. 1.1, 2.5, 2.6, 2.8-2.11, 4.1, 9.1, 9.2, 12.1, 15.1, 16.1, 16.2, 16.10, 50.10, 50.1(d), and 50.2-50.6. As a prelimmaty matter, Easton contends that Grays verification is insufficient because it was based on information and belief. Easton cites no authorivto support this proposition. Arguments unthout any legal authority are unthout merit (Kensington University v. Council for Private Postsecondary et...