Excerpt: ...on, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (b) For purposes of this section, a writing is signed by a party if it is signed by any of the following: (1) The party. (2) An attorney who represents the party. (3) If the party is an insurer, an agent who is authorized ...

Excerpt: ...erly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters; therefore, it lies only where the defects appe...

Excerpt: ...hether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. (Civ. Code, § 1717, subd. (a).) For purposes of section 1717, “[t]he party prevailing on the contract shall be the party who recovered a greater relief in the action on the contract.” (Civ. Code, § 1717, subd. (b).) Attorney fees awarded under Civil Code, section 1717 are allowable costs under Civil Cod...

Excerpt: ...datory and discretionary relief from dismissal. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him through his or her mistake, inadvertence, surprise, or excusable neglect.” CCP §473(b). Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed t...

Excerpt: ...a law, arbitration agreements are valid, irrevocable, and enforceable, except on such grounds that exist at law or equity for voiding a contract. (Winter v. Window Fashions Professions, Inc. (2008) 166 Cal.App.4th 943, 947.) The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, the party opposing the petition then bears the burden of proving by a preponderance of the eviden...

Excerpt: ...ey's fees “[i]ncurred by another party as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay.” An Anti-SLAPP motion is “frivolous” when it is “totally and completely without merit” and any reasonable attorney would agree that the motion is devoid of merit. (See Moore v. Shaw (2004) 116 Cal.App.4th 182, 199.) This is an objective standard. “Whether the sole purpose of the motion ...

Excerpt: ...ranted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order . . . [may] make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or deci...

Excerpt: ...e the hearing. Legal Standard There is a special two-step procedure for securing disclosure of peace officer personnel records. (Warrick v. Superior Court (City of Los Angeles Police Dept.) (2005) 35 Cal.4th 1011, 1019.) First, the party seeking disclosure must file a motion that identifies the peace officer, the agency in possession of the records, a description of the records, who is seeking the records, as well as time and place of the hearing...

Excerpt: ...scovery method..., the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose... [monetary, evidence, and terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process...." CCP section 2023.010 provides that "[m]issues of the discovery process include, but are not limited to, the following:... (d) Failing to respond or to submit to an authorized method of...

Excerpt: ...ompany; Dawn M. Grant Insurance Services, Inc; FCA US LLC (f/k/a Chrysler Group, LLC); and Does 1 to 100. The Complaint asserts causes of action for: (1) Strict Products Liability; (2) Negligence; (3) Breach of Contract; (4) Breach of the Implied Covenant of Good Faith and Fair Dealing; (5) Declaratory Relief; (6) Negligent Infliction of Emotional Distress; (7) Violation of California Unfair Competition Law; and (8) Quasi-Contract/Unjust Enrichme...

Excerpt: ...nts regarding any late payments or delinquencies.” The Motion to quash is otherwise denied. Plaintiffs' request for sanctions is DENIED. Plaintiffs' motion for a protective order is CONTINUED. The parties are ordered to meaningfully meet and confer and discuss each issue presented by the motion to narrow the discovery disputes before the Court. No later than nine court days before the continued hearing date, the parties are ordered to file a jo...

Excerpt: ... a preference is necessary to prevent prejudicing the party's interest in the litigation.” Code Civ. Proc. § 36(a). To make the findings required by CCP section 36(a), evidence must be provided with the motion for preference establishing Plaintiff's age and the relevant conditions of her health warranting a preference. An affidavit submitted in support of section 36(a) “may be signed by the attorney for the party seeking preference based upo...

Excerpt: ...n 452(d). Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or c...

Excerpt: ...responses to special interrogatories nos. 10-14 is granted. The motion to compel further responses to special interrogatories nos. 5, 15-17 is denied. Plaintiffs' request for sanctions is DENIED. Legal Standard “Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determina...

Excerpt: ... in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.¿ The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.”¿ “This discretion should be exercised liberally in favor of amendments, for judicia...

Excerpt: ...d When a subpoena has been issued requiring the attendance of a witness or the production of documents, electronically stored information, or other things before a court or at the taking of a deposition, the court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the s...

Excerpt: ...fendant Bristol Farms (“Defendant”). Plaintiff alleges negligence and premises liability against Defendant for an incident in which Plaintiff slipped and fell in a puddle of water while in Defendant's store. On February 1, 2023, this Court granted leave to allow Plaintiff to amend the Complaint to add a request for punitive damages. On February 7, 2023, Plaintiff filed a First Amended Complaint containing prayers for punitive damages. On Apri...

Excerpt: ...s to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any ki...

Excerpt: ... may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Code Civ. Proc., § 664.6.) Discussion Plaintiff moves for an order pursuant to Code of Civil Procedure section 664.6 to enforce the settlement against defendant 1 Oak Remodeling, Inc. for the remaining balance of $2,160. Defendant made periodic payments toward the $10,000 settlement but stopped making payments in Nove...

Excerpt: ...n of Defendants' experts. The protective order should include instructions to destroy the material at the conclusion of the matter. Request for Judicial Notice I. Plaintiff requests judicial notice of: (1) Order in the case titled Arrellano, et al. v. Vogel, et al., Alameda County Superior Court, Case No. RG10521181, in which the Court ruled that Dr. Kyle Boone was Ordered to permit audio recording of the entire examination, including testing; (2...

Excerpt: ... with Section 2034.610) and 5 (commencing with Section 2034.710), on objection of any party who has made a complete and timely compliance with Section 2034.260, the trial court shall exclude from evidence the expert opinion of any witness that is offered by any party who has unreasonably failed to do any of the following: (a) List that witness as an expert under Section 2034.260. (b) Submit an expert witness declaration. (c) Produce reports and w...

Excerpt: ...(2001) 25 Cal.4th 826, 843.) CCP Section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) �...

Excerpt: ...rp. (1998) 63 Cal.App.4th 1396. 1402.) Preliminary injunctive relief requires the use of competent evidence to create a sufficient factual showing on the grounds for relief. (See, e.g., ReadyLink Healthcare v. Cotton (2005) 126 Cal.App.4th 1006, 1016; Ancora‐ Citronelle Corp. v. Green (1974) 41 Cal.App.3d 146, 150.) Injunctive relief may be granted based on a verified complaint only if it contains sufficient evidentiary, not ultimate, facts. (S...

Excerpt: ...n. Plaintiffs are ordered to file a declaration 5 days before the continued hearing date informing the Court as to whether Defendant complied. Legal Standard If a party fails to comply with a court order compelling a further response to a request for production, the court may impose monetary, issue, evidence, or terminating sanctions. (Code Civ. Proc. § 2031.310, subd. (i).) CCP section 2023.030 provides that, "[t]o the extent authorized by the ...

Excerpt: ....4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be appare...

Excerpt: ... the deponent, another person, or any other circumstance impedes or delays the examination.” (Code Civ. Proc., § 2025.290, subd. (a).) “Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave, nor any other party who has been served with a deposition notice pursuant to Section 2025.240 may take a subsequent deposition of that deponent.” (Code Civ. Proc., § 2025.610...

Excerpt: ...'s Objections to Victor Ramsis Kozman Declaration Nos. 1-5 are SUSTAINED. Defendant's Objections to Tony Khalaf Declaration Nos. 1-6 are OVERRULED. Legal Standard Forum non conveniens is “an equitable doctrine invoking the discretionary power of a court to decline the exercise of jurisdiction it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere.” (Stangvik v. Shiley, In...

Excerpt: ...ounds recognized by law, including mandatory disqualification for conflict of interest. Conflicts of interest generally include: concurrent or successive representation of clients with adverse interests, receipt of confidential information outside the attorney-client relationship, the lawyer's relationships with nonclients, conflicts based on the lawyer's own interests, business dealings with clients and conflicts in criminal cases. (Lynn v. Geor...

Excerpt: ...ke in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.¿ The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.”¿ “This discretion should be exercised liberally in favor of amendments, for judic...

Excerpt: ...TED in part. The motion to strike is moot as to the claim for punitive damages, and granted with 30 days leave to amend as to the allegation and request for declaratory and injunctive relief. Legal Standard Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los...

Excerpt: ...has been recorded, any party with an interest in the real property may apply to the Court to expunge the notice. A lis pendens may be expunged either under CCP section 405.31 if the pleadings do not contain a real property claim or under CCP section 405.32 if the Court finds that the party claiming the lis pendens has not established by a preponderance of the evidence the probable validity of the real property claim. Under CCP section 405.30, the...

Excerpt: ...at is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (Code of Civ. Proc. § 2017.010.)¿For On receipt of a response to an inspection demand, the demanding party may move for an order compelling further responses to the demand if the dem...

Excerpt: ...of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.” (CCP § 428.10(b).) A party shall obtain leave of court to file a cross-complaint if it is not concurrently filed with the answer or at any time before the court sets a trial date. Leave may be granted in th...

Excerpt: ...n possession of the records, a description of the records, who is seeking the records, as well as time and place of the hearing. (Evid. Code, §1043(b)(1).) The motion must be accompanied by a declaration showing “good cause” for disclosure of the records; setting forth the materiality of the records; and stating upon reasonable belief that the governmental agency has the requested documents. (Evid. Code, §1043(b)(3).) The Evidence Code §10...

Excerpt: ...agreement. (See Victrola 89, LLC v. Jaman Properties 8 LLC (2020) 46 Cal.App.5th 337, 355 (“[T]he presence of interstate commerce is not the only manner under which the FAA may apply. … [T]he parties may also voluntarily elect to have the FAA govern enforcement of the Agreement”].) Under the FAA, “any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration …”. (Moses H. Cone Memorial Hospital v. Mer...

Excerpt: ...otion to strike is DENIED as MOOT. Legal Standard Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, bu...

Excerpt: ...d in context. In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Proc., §§ 430.30, 430.70.) At the pleading stage, ...

Excerpt: ...An Order on attorney's fees, costs and expenses in the lemon law matter of Joshua Holeman v. FCA (United States District Court for the Central District of California Case No. 2:17- cv-08273-SVW-SK); (3) An Order on attorneys' fees, costs and expenses in the lemon law matter of Catherine Shepard v. BMW (Los Angeles Superior Court Case No. BC622506); (4) Order on attorneys' fees and prejudgment interest in the lemon law matter of Jerry Zomorodian v...

Excerpt: ...es If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time...

Excerpt: ...32, subdivision (c) states that although disfavored, the trial date may be continued for “good cause,” which includes (without limitation): (1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, o...

Excerpt: ...a).) To be timely, a government claim for damages must be presented to the public entity within six months of the date the cause of action accrued. (§ 911.2.) If a plaintiff fails to file a government claim within the six-month period, he or she may apply to the public entity for permission to file a late claim. (§ 911.4.) Such an application must be presented within a reasonable time, and not later than one year after the cause of action's acc...

Excerpt: ...32, subd. (b).) Unless a statute provides otherwise, a court has no discretion to deny costs to a prevailing party. (Nelson v. Anderson (1999) 72 Cal.App.4th 111, 129). A prevailing party is (i) a party that receives a net monetary recovery, (ii) a defendant who obtains a dismissal in its favor (iii) a defendant, when neither the plaintiff nor defendant attained any relief and (iv) a defendant, where the plaintiff(s) obtains no recovery from the ...

Excerpt: ...dence or other extrinsic matters; therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Proc., §§ 430.30, 430.70.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The general rule is that the plaintiff need only allege ultimate facts, not evidentiary facts. (Do...

Excerpt: ...ence. The Court OVERRULES the objection, as the exhibits were filed in direct response to Defendants' arguments in their oppositions. Legal Standard On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that (1) an answer to a particular interrogatory is evasive or incomplete, (2) an exercise of the option to produce documents under CCP section 2030.23...

Excerpt: ...itting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters; therefore, it li...

Excerpt: ...228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone and not the eviden...

Excerpt: ...filed on November 22, 2021. The requests for judicial notice are GRANTED pursuant to Evidence Code § 452(d). Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s]...

Excerpt: ...s cannot be resolved by dialogue and/or mediation, both you and we agree that any dispute will be resolved by binding arbitration. This arbitration provision is intended to be interpreted and applied as broadly as legally permissible. It applies to all claims or controversies that would otherwise be resolved in any court, including claims arising out of or related to this Engagement Agreement and services we render for you on your behalf (but exc...

Excerpt: ...copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. (Code Civ. Proc., § 473(b).) The court has broad discretion to vacate the entry of default, default judgment or a dismissal, but that discretion can be exercised only if the defendant establishe...

Excerpt: ...nt states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 51...

Excerpt: ...s 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, unless that person's interest is adequately represented by one or more of the existing parties.” Additionally, upon timely application, a court may “permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the succes...

Excerpt: ... judgment. (Code Civ. Proc., § 473, subd. (b).) “The court may… on motion of either party after notice to the other party, set aside any void judgment or order.” (Code Civ. Proc., § 473, subd. (d).) “[I]nclusion of the word ‘may' in the language of section 473, subdivision (d) makes it clear that a trial court retains discretion to grant or deny a motion to set aside a void judgment [or order].” (Cruz v. Fagor America, Inc. (2007) 1...

Excerpt: ...e extent authorized by the chapter governing any particular discovery method..., the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose... [monetary, evidence, and terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process...." CCP section 2023.010 provides that "[m]issues of the discovery process include, but are not limited to, the following:... ...

Excerpt: ...pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (CCP §436(a)-(b).) (See also Stafford v. Shultz (1954) 42 Cal.2d 767, 782 (“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded. [Citations]”).) Meet and Confer The demurrer is not accompanied ...

Excerpt: ...ifornia Rules of Court, rule 3.1332, subdivision (c) states that although disfavored, the trial date may be continued for “good cause,” which includes (without limitation): (1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain ...

Excerpt: ...rally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v....

Excerpt: ...ed information, or other things before a court or at the taking of a deposition, the court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may specify. (...

Excerpt: ...r (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pl...

Excerpt: ...e court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern Pac. Co. v. Superior Court (1940) 15 Cal.2d...

Excerpt: ..., 2021, Plaintiffs Jeff Kwatinetz and Prospect Park, LLC (collectively “Plaintiffs” initiated the present action by filing a Complaint against Azealia Banks, Lasagna Girl, LLC, and Does 1 through 10 (collectively, “Defendants”). Plaintiffs' Complaint alleges the following causes of action against Defendants: (1) Breach of Implied Covenant of Good Faith and Fair Dealing; (2) Interference with Contractual Relations; (3) Defamation; (4) Trad...

Excerpt: ...); Royal Industrial Solutions (“Royal”); and Does 1 to 100. The Complaint alleges violations of Labor Code sections 232, 232.5, 432.5, 1197.5, 1102.5, 98.6, 96(k), and 1197.5 based on allegations that CED and Royal “require[ed] employees to agree in writing g to confidentiality agreements and policies that unlawfully restrain trade by prohibiting employees from speaking with prospective employers about information that is not confidential a...

Excerpt: ...Inc. dba Urban Doors Company (“AAW”), and Does 1 to 10. The Complaint alleges causes of action for: 1) Breach of Contract, 2) Breach of Implied Covenant to Perform Work in a Good and Competent Manner; 3) Failure to Repurchase or Replace Consumer Good after Reasonable Repair Opportunity (Song-Beverly Act); and 4) Consumers Legal Remedies Act. On February 28, 2023, Defendant AAW filed a demurrer to Plaintiff's Complaint. No opposition or reply ...

Excerpt: ...r Defendant is this action is the City of Los Angeles. (See Alcala v. City of Corcoran (2007) 147 Cal.App.4th 666, 669-670.) The original Complaint alleged causes of action for (1) Willful Perjuries, the Serious Violation of the Federal Laws; (2) Violation of the United States Constitution; and (3) Theft and Robbery of Plaintiff's Property. On September 29, 2021, the City of Los Angeles (named in the Complaint as the “Los Angeles Police Departm...

Excerpt: ...h 31, 2019, plaintiffs Cristian and Brianne Gallagher (collectively, the “Plaintiffs”) purchased a new 2019 Honda Pilot (the “Subject Vehicle”) pursuant to a retail installment sales contract (hereinafter “Purchase Agreement”). (Compl., ¶ 7.) The Subject Vehicle was manufactured and/or distributed by defendant American Honda Motor Co., Inc. (the “Defendant” and/or “AHM”) who issued certain warranties for said vehicle pursuant...

Excerpt: ... for punitive damages. On June 26, 2023, Defendant Lemonade filed a Notice of Non-Opposition to its Motion to Strike. MEET AND CONFER Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading. (Code Civ. Proc., §§ 430.41, 435.5.) “Any determination by the court that the me...

Excerpt: ...Motion for Summary Judgment, or Summary Adjudication in the alternative, was DENIED. On May 08, 2023, Plaintiff filed a Motion for Leave to File a First Amended Complaint. Defendant GM filed opposing papers on June 28, 2023. No reply has been filed. LEGAL STANDARD Leave to amend is permitted under Code of Civil Procedure section 473, subdivision (a) and section 576. The policy favoring amendment and resolving all matters in the same dispute is �...

Excerpt: ...file don January 13, 2023. Default was entered against Defendants on March 17, 2023. Does 1 to 30 were dismissed on June 20, 2023. On April 28, 2023, Plaintiff moved for Default Judgment against Defendants. LEGAL STANDARD Code of Civil Procedure section 585 permits entry of a judgment after a Defendant has failed to timely answer after being properly served. A party seeking judgment on the default by the Court must file a Request for Court Judgme...

Excerpt: ...tion Award as Corrected. Bombardier Transportation (Holdings) USA Inc. (“BT” or “Respondent”) filed a reply in opposition to the Petition on April 24, 2023. Petitioner LINXS filed a reply on June 30, 2023. LEGAL STANDARD “Any party to an arbitration award in which an award has been made may petition the court to confirm, correct, or vacate the award.” (Code Civ. Proc. § 1285.) “A petition under this chapter shall: (1) Set forth the...

Excerpt: ...lifornia's Private Attorney General Act The Complaint alleges, inter alia, that Plaintiff was employed by Terminix for nearly four years before his termination on October 1, 2019. During his employment, Plaintiff was provided with a Terminix- branded truck for work purposes and was required, among other employees, to take this Terminix- branded home and drive from home to work each day. For the one-year period before his termination, Terminix had...

Excerpt: ...0, et seq.); 3) Failure to Prevent and/or Remedy Discrimination and Harassment (Gov. Code §§ 12940, et seq.); 4) Negligent Supervision and Retention; 5) Wrongful Constructive Termination in Violation of Public Policy; and 6) 6. Failure to Pay All Wages Earned Upon Discharge (Labor Code §§ 201-203). On March 14, 2023, Defendant Robert Canizalez (“Canizalez”) filed a Cross-Complaint against Plaintiff and Roes 1 to 20 for Violation of Penal ...

Excerpt: ... Express Warranty under the Song-Beverly Act; and 3) Fraudulent Concealment. On February 03, 2023, Defendant GM filed Demurrer and a Motion to Strike Plaintiff's Complaint. Plaintiff filed opposing papers on June 23, 2023. Defendant GM filed replies on June 29, 2023. MEET AND CONFER Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reac...

Excerpt: ...Rights Act.¿ On August 09, 2022, the Court granted Defendant BYD's Motion to Compel Arbitration and Stay the Action. On February 28, 2022, Plaintiff moved for an Order to Withdraw the Case from Arbitration. The motion was unopposed. On May 08, 2023, the Court granted Plaintiff's request to withdraw from arbitration. On May 05, 2023, Plaintiff filed a Motion for Attorney's fees and Costs as Sanctions pursuant to Code of Civil Procedure Sections 1...

Excerpt: ...urer of the subject vehicle, and Cali Auto Experts (“CAE”). The Complaint was dismissed as to CAE on February 28, 2019. The Complaint asserts the following causes of action against Defendant Ford: 1) Violation of Subdivision (d) of Civ. Code, Section 1793.2; 2) Violation of Subdivision (b) of Civ. Code, Section 1793.2; 3) Violation of Subdivision (a)(3) of Civ. Code, Section 1793.2; 4) Breach of Express Warranty (Civ. Code, §§ 1791.2(a), 17...

Excerpt: ...ff seeks attorney's fees and punitive damages in relation to the conversion claim, Plaintiff may amend the Complaint to seek punitive damages. BACKGROUND On August 22, 2022, Plaintiff Zoltan Ackerman filed a Complaint against Defendants Ruth Zimmerman; Magdolna Faerstain; Laszlo Farestain; 4602 Greenwood Place LLC, and Does 1 to 50. The Complaint alleges causes of action for: 1) Elder Abuse; 2) Undue Influence; 3) Conversion; and 4) Declaratory R...

Excerpt: ...nna Ellakkany filed a Memorandum of Costs. On February 10, 2023, the Court GRANTED Peter J. Marcus's and Viiu Spangler Khare's Motion to be Relieved as counsel for Defendants Anna Ellakkany and Ahmed Elsayed Ellakkany. On February 24, 2023, Plaintiff filed a Motion to Strike or Tax Costs. The motion was served on Defendants Ahmed Elsayed Ellakany and Anna K. Ellakkany by mail. The hearing was continued to allow Plaintiff to server the Motion on A...

Excerpt: ...ng one's integrity, harassment, and coercing of an individual and minor(s), violation of the 4th Amendment of the U.S. constitution.” (Compl. at p. 11.) Plaintiff attempted to file a second amended complaint, but it was rejected by the Court because Plaintiff did not seek leave of Court before filing an amended pleading. No proof of service has been filed. Plaintiff provides proof that on November 18, 2022, the City Clerk of the City of Los Ang...

Excerpt: ...n (pregnancy); 2) Disability/Medical Condition Discrimination; 3) Failure to Provide Reasonable Accommodation; 4) Violation of California Family Rights act; 5) CFRA Rights Retaliation; 6) Failure to Permit Use of Available Sick Leave; and 7) Wrongful Termination. On March 30, 2023, Defendants moved to Compel Arbitration and Stay the Action. Plaintiff filed opposing papers on May 09, 2023. On June 08, 2023, Defendants filed a reply. On June 08, 20...

Excerpt: ...Campos and Does 1 to 10 for: 1) Open Book Account 2) Account Stated The Complaint seeks damages in the amount of $56,611.43. On February 10, 2023, Plaintiff filed a Motion for Summary Judgment, or Summary Adjudication in the alternative. Defendant filed opposing papers on May 19, 2023. Plaintiff filed a reply on June 05, 2023. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechan...

Excerpt: ...on of the Magnuson-Moss Warranty Act On March 22, 2023, Defendant Volkswagen filed a Motion for Summary Judgment, or Summary Adjudication in the alternative. Plaintiff filed opposing papers on May 22, 2023 Defendant Volkswagen filed a reply on June 02, 2023. The hearing was continued and is the matter is now before the Court. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechani...

Excerpt: ...ss-Complaint alleging causes of action for: 1) Breach of Contract; 2) Fraud/Intention Misrepresentation; 3) Violation of Contractors' State License Law; and 4) Breach of Guaranty. On June 01, 2023, the Court granted Cross-Complainant's ex parte request to shorten the time to hear a Motion for Leave to File a First Amended Cross-Complainant. The hearing on the Motion is now before the Court. LEGAL STANDARD Leave to amend is permitted under Code of...

Excerpt: ...wer Solar, Inc., John Bleem, and Does 1 through 100. The FAC alleges causes of action for: 1) Discrimination on the Basis of Disability in Violation of FEHA; 2) Harassment on the Basis of Disability in Violation of FEHA; 3) Failure to Provide Reasonable Accommodation in Violation of FEHA; 4) Failure to Engage in the Interactive Process; 5) Retaliation for Engaging in a Protected Activity in Violation of FEHA; 6) Failure to Prevent Discrimination,...

Excerpt: ...al. The First Amended Complaint alleges causes of action for: 1) Quiet Title; 2) Declaratory Relief; 3) Slander of Title; 4) Fraud; 5) Intentional Infliction of Emotional Distress; 6) Negligence; and 7) Implied and Equitable Indemnity. On August 03, 2022, Sannette Gite filed a Cross-Complaint against U.S. National Bank, Mara Enterprises (“Mara”), Velocity Commercial Capital, LLC (“Velocity”); Estate of Yong Hwa Chung; et al. The operative...

Excerpt: ... of action for: 1) Injunctive relief; 2) Declaratory relief; 3) Nuisance; 4) Payment of Dues and Assessments; 5) Common Counts; and 6) Account Stated. On December 23, 2019, default was entered as to Defendant Mark Hassan (hereinafter “Defendant”). On February 5, 2020, Does 1 through 50 were dismissed without prejudice. On February 26, 2020, the Court GRANTED Plaintiff's request for Default Judgment, including Plaintiff's request for a monetar...

Excerpt: ...mpetition Law; and 6) Failure of Consideration. On April 27, 2023, Defendants filed a Motion to Compel Arbitration. Plaintiff filed opposing papers on May 25, 2023. Defendants filed a rely on June 01, 2023. LEGAL STANDARD Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties' disput...

Excerpt: ...rranty; 2) Violation of the Song-Beverly Act, Breach of Implied Warranty; 3) Fraudulent Inducement – Concealment; and 4) Fraudulent Inducement- Misrepresentation. On October 07, 2022, Defendant Kia filed a Motion for Summary Adjudication of Plaintiff's Third and Fourth Causes of Action and Claim for Punitive Damages. Plaintiff filed opposing papers on January 23, 2023. Plaintiff's opposition was based on the fact that Defendant had not provided...

Excerpt: ...rant summary judgment if all the evidence submitted, and 'all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgmentas a matter of law." (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) "The function of the pleadings in a motion for summary judgment is to delimit the scope ...

Excerpt: ...e section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and 'all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material factand that the moving is entitled to judgment as a matter of law." (Adler v. Manor Healthcare corp. (1992) 7 CalApp.4th 1110, 1119.) "On a motion for summary judgment...

Excerpt: ...reciprocal exchange" is denied. Defendants' request for sanctions is DENIED. Legal Standard A court order is required to obtain a party s mental examination. (Code Civ. Proc. S 2032.310(a).) Such an order may be made only after notice and hearing, and for "good cause shown." i (Code Civ. Proc., SS 2032.3100, The motion must state the time, place, identity and specialty ofthe examiner, and the "manner, conditions, scope and nature of the Civ. Proc...

Excerpt: ...ncisco Renteria is also ordered to provide verified responses to the request for production of documents, form interrogatories, and special interrogatories within 30 days of this order. Plamtiffs request for sanctions in connection With the motions to compel responses to discovety is GRANTED. Defendant Juan Francisco Renteria and counsel of record Christopher Dull are ordered to pay monetary sanctions in the amount of $420 within 30 days of this ...

Excerpt: ...nt may move for judgment on the pleadings where the complaint does not state facts sufficient to constitute a cause of action against that defendant (Code Civ. Proc., S 438 subd. A non- statutory motion for judgment on the pleadings may be made any time before or during trial. (Stoops v.Abbassi (2002) 100 Cal.App.4th 644, 650.) "Such motion maybe made on the same ground as those supporting a general demurrer, i.e., that the pleading at issue fail...

Excerpt: .... Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(c) "requires the trial judge to grant summary judgment if all the evidence submitted, and 'all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgmentas a matter of law." (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4...

Excerpt: ... the same judge or court that made the order, to reconsider the matter and modi$, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown." (Code Civ. Proc., S 1008(a).) A trial court has discretion with respect to granting a motion for recon...

Excerpt: ...l material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ...." (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters; therefore, it lies only whe...

Excerpt: ...trike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court (Code Civ. Proc., S 436; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) Meet and Confer The motion to strike is accompanied by the declaration of Demian M. Casey, which satisfies the meet and confer requirement (Code Civ. Proc. 5 435.5.) Discussion Defendants Hur and Yoon move to strike portions of Plainti...

Excerpt: ...intly and severally, within 30 days of this order. Plamtiffs requestfor sanctions is DENIED. Legal Standard "In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; (2) The examination is conducted a...

Excerpt: ... this order. Defendant's request for sanctions is GRANTED. Plaintiffs Sanjuana Rivas, Lupe Cruz, Mana Martinez, Juan Castillo, Ruben Castillo, Elairos Castillo, Dodora Castillo, Maria Castillo, and Juvenal Castillo and attorney of record, Gilbert Quinones, are ordered to pay $591.65 in monetary sanctions, jointly and severally, within 30 days of this order. Legal Standard Compel RPDs VVhere there has been no timely response to a demand for the pr...

Excerpt: ...ed. Defendant's request for sanctions is GRANTED. Plaintiff Edvin Asatori and counsel of record Arno Mehrabi are ordered to pay sanctions to Defendant in the amount of S555 unthin 30 days of this order. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to sewe a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc„ S 2030.290, sub...

Excerpt: ...ful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.'" (Los Defensores, lnc v. Gomez (2014) 223 CalApp.4th 377, 390 (quoting Lang v. Hachman (2000) 77 Cal.App.4th 1225, 1246).) "Generally, '[a] decision to order terminating sanctions should not be made lightly. But where a violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would no...

Excerpt: ...ial facts properly pleaded, but not contentions, deductions or conclusions of fact or law ...." (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters; therefore, it lies only where the ...

Excerpt: ...er excusable circumstances"; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparmg for trial; (3) "excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts"; or (4) "[a] significant unanticipated change in the status of the case" preventing it from being ready for trial. (Id„ Rule 3.1332(c).) Other relevant considerations may inclu...