Excerpt: ...ordingly, whether an agreement is governed by the California Arbitration Act ("CAA") or the Federal Arbitration Act ("FAA"), courts resolve doubts about an arbitration agreements scope in favor of arbitration. (Monoharsh. snore 3 Cal.4th at 9; Comedy Cluh- Inr. Improv West Assnrs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla_L Permanente Med. Grp-. Inr. (1997) 15 Cal.4th 951, 971-972 ["California law incorporates many of the basic policy...

Excerpt: ...e or appears reasonably calculated to lead to the discovery of admissible evidence." (CCP S 2017.010; see Dayies_L Superior Court (1984) 36 Ca13d 291, 301.) A motion to compel further production must set forth specific facts showing good cause justl$ing the discovery sought by the inspection demand. (See Code Civ. Proc„ S Itis not necessary for the motion to show that the material sought will be admissible in evidence. "Good cause" may be found...

Excerpt: ...elevant, false, or improper matter inserted in any 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 SS Staffnrd v. Shnltz (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"] J "Liberality in permittmg amendment i...

Excerpt: ..., inadvertence, surprise or neglect." (CCP S 4730.) The attorney affidavit of fault must contain a "straight fomvard admission of fault" (2001) 90 Cal.App.4th 600, 610.) But it need not contain an explanation of the reasons for the attorneys mistake, inadvertence surprise or neglect (2016) 244 CalApp.4th 432, 438-441.) Reliefmust be granted "unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, ina...

Excerpt: ...the burden of proving "new matteM and, as such, must be specifically pleaded in the answer. (Calimrnia Academy of Sripnrps v. r.nunor nf Fresno (1987) 192 Cal.App.3d 1436, 1442.) "The phrase 'new matter' refers to something relied on by a defendant which is notput in issue by the plaintiff." (Walsh v. West Valley Mission Commutuor Col]exe District (1998) 66 CalApp.4th 1532, 1546.) Where the answer sets forth facts showing some essential allegatio...

Excerpt: ... party on a contract, which specifically provides for attorney fees and costs incurred to enforce the agreement is entitled to reasonable attorney fees in addition to other costs.i(C1v. Code S 1717(a); CCP SS 1032, court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.i(Civ. Code S 1717(a), (b) notice of motion to claim attorney fees as an ele...

Excerpt: ...rned by the California Arbitration Act ("CAA") or the Federal Arbitration Act ("FAA"), courts resolve doubts about an arbitration agreements scope in favor of arbitration. (Monoharsh. snore 3 Cal.4th at 9; Comedy Cluh- Inr. Improv West Assnrs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla_L Permanente Med. Grp-. Inr. (1997) 15 Cal.4th 951, 971-972 ["California law incorporates many of the basic policy objectives contained in the Federal A...

Excerpt: ...endant claims that she is entitled to more than $120,000 per year for her living expenses, including her home, home maintenance, home appliance repairs and improvements, health insurance premiums and deductibles, car payments and car repairs. Defendant claims an Implied contract exists based on a longstandmg pattern of "gifting" from Joseph Magna to Amora Magna and her children with consistent financial support. Defendant claims that this contrac...

Excerpt: ...7, 2023. On March 14, 2023, Defendants filed a notice of intention to move for new trial. On March 24, 2023, Defendants moved for a new trial. LEGAL STANDARD "A motion for new trial is a creature of statute .. .." (1992) 7 Cal. App. 4th 1194, 1198.) A movant must satis$ Code of Civil Procedure sections 657 and 659. Under section 657, a motion for new trial may be granted if there is any: [Y] 1. Irregulariör in the proceedings of the court jury, ...

Excerpt: ...leading or via proper judicial notice. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrmsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant ofthe factual basis for the claim against him. (SemQle_YSans...

Excerpt: ...gned to shield a defendants constitutionally protected conduct from the undue burden of frivolous litigation." (Bara] v- Schnitt (2016) 1 Cal.5th 376, 393.) "The anti-SLAPP statute does not insulate defendants from any liability for claims arising from the protected rights of petition or speech. It only provides a procedure for weeding out, at an early stage, meritless claims arising from protected activiV." (ld at 384.) "Resolution of an anti-SI...

Excerpt: ...t on the face of the pleading or via proper judicial notice. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrmsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant ofthe factual basis for the claim agai...

Excerpt: ...reasonably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) CCP section 2030.220(a) requires that “[e]ach answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” Pursuant to CCP section 2030.300, a party may move to compel further responses to a form interro...

Excerpt: ... causes of action arising from an act in furtherance of the defendant's right of free speech or petition, unless the plaintiff establishes that there is a probability that the plaintiff will prevail on the claim. “The anti-SLAPP procedures are designed to shield a defendant's constitutionally protected conduct from the undue burden of frivolous litigation.” (Baral v. Schnitt (2016) 1 Cal.5th 376, 393.) “The anti-SLAPP statute does not insul...

Excerpt: ...1) 54 Cal.3d 744, 751.) The doctrine has been codified in Code of Civil Procedure section 410.30. “The inquiry is whether ‘in the interest of substantial justice an action should be heard in a forum outside this state.' ” (Animal Film, LLC v. D.E.J. Productions, Inc. (2011) 193 Cal.App.4th 466, 471.) “The procedure for enforcing a forum selection clause is a motion to stay or dismiss for forum non conveniens.” (Olinick v. BMG Entertainm...

Excerpt: ...s have installed a new wood-slat fence, which exceeds the height of the previous fence, moved closer to the Plaintiffs properties, and which now obstructs the views from multiple locations of Plaintiffs' homes and on their properties. In addition, Defendants have planted new trees which will further block Plaintiffs' views in violation of the conditions, covenants and restrictions (CC&Rs). Plaintiffs also claim an easement for the space between t...

Excerpt: ... 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. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim ...

Excerpt: ...each of contract, 2) breach of the implied covenant of good faith and fair dealing; 3) common count; 4) failure to pay wages; 5) fraud; 6) violation of Bus. & Prof. Code § 17200; and 7) intentional infliction of emotional distress. 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...

Excerpt: ... service of process. (Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) “When a motion to quash is properly brought, the burden of proof is placed upon the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence.” (Aquila, Inc. v. Sup. Ct. (2007) 148 Cal.App.4th 556, 568.) The plaintiff has “the burden of proving the facts that did give the court jurisdiction, that is the facts requisite to an effective s...

Excerpt: ...erned by the California Arbitration Act (“CAA”) or the Federal Arbitration Act (“FAA”), courts resolve doubts about an arbitration agreement's scope in favor of arbitration. (Moncharsh, supra, 3 Cal.4th at 9; Comedy Club, Inc. v. Improv West Assocs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal.4th 951, 971-972 [“California law incorporates many of the basic policy objectives contained...

Excerpt: ...mencing with Section 708.610) all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments, including but not limited to the following types of payments: (1) Wages due from the federal government that are not subject to withholding under an earnings withholding order. (2) Rents. (3) Commissions. (4) Royalties. (5) Payments due from a patent or copyright. (6) Insurance policy loan value. Co...

Excerpt: ... 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. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual b...

Excerpt: ... 2024.020(a).) "[A] continuance or postponement of the trial date does not operate to reopen discovery proceedings" unless a motion to reopen discovery is filed and granted pursuant to CCP section 2024.050. CCCP, S 2024.020(b); Pelton-Shepherd Industrie* Inr- v. Delta Packaging Prndncts. Inr. (2008) 165 Cal.App.4th 1568.) CCP section 2024.050 provides that "[o]n motion of any party, the court may grant leave to complete discovery proceedings, or ...

Excerpt: ...elamed's employment with RoxSan, despite her continued employment being part ofthe Asset Purchase Agreement Parallax ran RoxSan into the ground while this case was pending. (T 3.) Following this litigation, Parallax defrauded Melamed into signing a Settlement Agreement backed up by a stipulated judgment for $20,000,000. Parallax then claimed it was prevented from performing its end of the settlement because ofthe Covid-19 pandemic. This Court ent...

Excerpt: ...osts on the party seeking to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The fee-shifting provision also encourages private representation in SLAPP cases, including situations when a SLAPP defendant is unable to afford fees or the lack of potential monetary damages precludes a standard contingency fee arrangement" (Ketchum (2001) 24 Cal.4th 1122, 1131.) "It is well establi...