Excerpt: ...n, p. 4.) Failure to Provide Separate Statement Davidson did not submit a separate statement as required for this motion. “Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion: [¶¶] (7) For issue or evidentiary sanctions.” (Cal. Rules of Court, rule 3.1345(a).) The premise of this motion is that p...

Excerpt: ...The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for” specified reasons. (Italics added.) This procedure generally applies to judgments entered without any trial. (See, e.g., Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 858 [“A motion for a new trial is appropriate following ...

Excerpt: ... as may be proper.” (Code Civ. Proc., § 473, subd. (a)(1).) “This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Permitting plaintiff to file an amended complaint serves the interest of justice. Plaintiff, however, cannot file a second amended complaint because ther...

Excerpt: ...11.) Second, the demurrer asserts the complaint fails to allege sufficient facts to constitute a cause of action because plaintiff “ failed to file a notice for a just cause eviction to the Los Angeles Housing Department.” Defendants provide no authority that doing so is required nor any explanation of why failing to do so constitutes a defect appearing on the face of the complaint. Defendants' memorandum of points and authorities argues “P...

Excerpt: ..., 17-19, 21, 23, 27, and 31. A party propounding interrogatories may move to compel further responses when an answer “is evasive or incomplete,” “[a]n exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents i s inadequate,” or “[a]n objection to an interrogatory is without merit or too general.” (CCP § 2030.300(a).) Green gave evasive or incomplete responses t...

Excerpt: ...se of action for declaratory relief remains. Requests for Judicial Notice Cook and Devin request judicial notice of four exhibits. Plaintiffs request judicial notice of two exhibits. All documents are court records subject to judicial notice under Evidence Code section 452(d). The court grants all requests for judicial notice. Summary of Allegations Plaintiffs' complaint arises from a dispute over two parcels of real property: assessor's parcel n...

Excerpt: ...tice of an additional six exhibits. All the documents are court records or recorded real property instruments subject to judicial notice of their contents a nd legal effects, but not the truth of the matters asserted therein, under Evidence Code section 452. The court grants all requests for judicial notice as to the documents' existence and legal effects. Discussion Cook and Devin argue all causes of action against them are untimely. Judgment on...

Excerpt: ...avors resolution of all disputed matters in the same lawsuit.” ( Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Cross -defendant Heidi Yu Ling Yu does not oppose this motion. Permitting the amendment serves the interest of justice. Disposition Cross-complainant Peter Presnell's motion for leave to file a second amended cross -complaint is granted . Cross -complainant Peter Presnell is ordered to file the second amende...

Excerpt: ..., Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn. 6; Appel v. Superior Court (2013) 214 Cal.App.4th 329, 342, fn. 6.) All requests for judicial notice are denied. Demurrer Cross-defendant Gohar Tsilikyan, trustee of the Gohar Tsilikyan Living Trust Dated May 1, 2018, demurs to numerous causes of action alleged by cross-complainants Narek Eric Kazarian and Spectrum Lending, LLC. Kazarian's Claims Tsilikyan demurs to all causes of action by Kaza...

Excerpt: ...the demand is incomplete,” “[a] representation of inability to comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310(a).) Meet and Confer FedEx argues plaintiff did not meet and confer about requests for production Nos. 82-87 and 91 -97. Plaintiff's first meet and confer letter discusses the disputes over these requests for production. (Butzen Decl., Ex. 5, p...

Excerpt: ...ndants rely on arbitration provisions in two collective bargaining agreements (CBAs) in effect from 2018-2022 (Heermance Decl., Ex. A) and 2022-2026 (id., Ex. B), respectively. Plaintiff argues there is no agreement because the parties did not sign the CBAs. Individual members of a union are not required to sign the CBA. (Mendez v. Mid- Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 542 (Mendez) [despite not signing, “as a member of th...

Excerpt: ...hout having served a valid objection under Section 2025.410.” (CCP § 2025.450(a).) First American moves for a protective order prohibiting plaintiff from deposing Wardle. A party or deponent may move for a protective order “that justice requires to protect” him or her “from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (CCP § 2025.420(b).) Generally, “the burden is on the party seeking the protec...

Excerpt: ...ration with 35 or fewer shareholders” may bring an action for involuntary dissolution when “liquidation is reasonably necessary for the protection of the rights or interest of the complaining shareholder.” (Corp. Code, § 1800(b)(5).) “[T]he grounds for” dissolution under this subdivision “are relatively more liberal than those set out in the other provisions of section 1800.” (Bauer v. Bauer (1996) 46 Cal.App.4th 1106, 1116.) Plain...

Excerpt: ...ur objections to defendants' evidence. All four objections are overruled . Defendants make eight objections to the declaration of Jessica Carlson and five objections to the declaration of Erin M. Kelly. All objections are overruled . I. Existence of Agreement Defendants do not prove the existence of an arbitration agreement between the parties. The party moving to compel arbitration “ ‘ “bears the burden of proving the existence of a valid ...

Excerpt: ...aintiff's requests for judicial notice are granted. Evidentiary Objections Plaintiff makes one evidentiary objection to the “Declaration of Hosea Paragraphs 1 – [sic]”. The objection is overruled. RE/MAX, LLC makes five objections to the declaration of Odalis Suarez. All five objections are overruled. Legal Standard for Summary Judgment A defendant moving for summary judgment or adjudication must show “that one or more elements of the cau...

Excerpt: ...ed the demurrer on plaintiff, the court would overrule it on the merits. Plaintiff's Complaint Plaintiff Keren Zhang's complaint alleges, in its entirety: “Keren Zhang bought a condo four years ago, and I am the only who borrow the loan and he is not, we both name on title, however, he never paid the mortgage payments, HOA fee and property tax fee u ntil now. So I would like to sue him to remove his name on title and I also require him to pay p...

Excerpt: ...ion of their second amended cross -complaint's first cause of action for quiet title and fourth cause of action for cancellation of instruments against Perry Lazar, Plone Trust, Bruce R. Cook, and William E. Devin, III. Requests for Judicial Notice Various parties request judicial notice of numerous documents. All documents are subject to judicial notice for their existence and legal effects. The court grants all requests for judicial notice. The...

Excerpt: ...“Notwithstanding Section 916, the perfecting of such an appeal shall not automatically stay any proceedings in the trial court during the pendency of the appeal.” Plaintiff shows good cause to lift the automatic stay. There is a “presumption that statutes operate prospectively absent a clear indication the voters or the Legislature intended otherwise.” (Californians for Disability Rights v. Mervyn's, LLC (2006) 39 Cal.4th 223, 230 (CDR).)...

Excerpt: ... to substantive due process. On January 24, 2024, the court granted defendant's motion for judgment on the pleadings as to these causes of action. The court did so for two reasons. First, as a matter of substantive law, these causes of action do not permit recovery of monetary damages. Second, plaintiffs did not allege sufficient facts for injunctive relief because they allege they reside in Orange County. IEHP only administers healthcare in the ...

Excerpt: ...y to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise; (2) a breach of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage.” (Johnson v. Superior Court (2006) 143 Cal.App.4th 297, 305.) Plaintiff filed the first amended complaint on Judicial Council of California form PLD-PI -001. Paragraph 10 of the form states, “The...

Excerpt: ...notice of exhibits A -H. Plaintiff requests judicial notice of exhibit A. All nine exhibits are subject to judicial notice under Evidence Code section 452, subdivisions (a), (b), or (c). The court grants all requests for judicial notice. Evidentiary Objections Plaintiff makes over three pages of objections to defendants' evidence. Plaintiff did not number the objections. California Rules of Court, rule 3.1354(b) r equires that “[e]ach written o...

Excerpt: ... a sexual harassment dispute or sexual assault dispute, … no predispute arbitration agreement … shall b e valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute.” (9 U.S.C. § 402(a).) Stay of Action Defendants Epione Medical Corporation, Epione Beverly Hills, Inc., Beverly Hills Plastic Surgery Associates, and Simon Ourian arg...

Excerpt: ...e burden shifts to the plaintiff to show a triable issue of at least one material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) Courts use a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material fac tual issue.” (Hinesley v. Oakshade To...

Excerpt: ...eidos Entities The Leidos entities demur on the basis that plaintiff does not allege sufficient facts showing they employed her. An “employer” includes “a person who ‘exercises control over the wages, hours, or working conditions' of a worker.” (Duffey v. Tender Heart Home Care Agency, LLC (2019) 31 Cal.App.5th 232, 246.) Under FEHA, multiple entities may be liable as “joint employers” ( Vernon v. State of California (2004) 116 Cal....

Excerpt: ... infringement causes of action.” (Benitez v. Williams (2013) 219 Cal.App.4th 270, 275.) A state court does “not have subject matter jurisdiction over [a] plaintiff's copyright infringement claim.” (Ibid. ) Federal preemption requires two conditions: “ ‘first, the subject of the claim must be a work fixed in a tangible medium of expression and come within the subject matter or scope of copyright protection ..., and second, the right asse...

Excerpt: ...udgment should be granted where no triable issues of fact exist and the moving party is entitled to judgment as a matter of law. (CCP § 437c(c); Villa v. McFerren (1995) 35 Cal.App.4th 733, 741.) Courts use a three -step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, materi...

Excerpt: ...tion 2025.410.” (CCP § 2025.450(a).) Rechnitz concedes he failed to appear and testify at his deposition. He argues doing so was justified because of his medical condition. Glaser Weil challenges the credibility of Rechnitz's statements regarding his condition. As a practical matter, Rechnitz's alleged condition may be a reasonable basis for not testifying, but it is not a valid objection under Code of Civil Procedure section 2025.410. That se...

Excerpt: ...ntiff has not shown any extrinsic fraud. “Extrinsic fraud occurs when a party is deprived of the opportunity to present a claim or defense to the court as a result of being kept in ignorance or in some other manner being fraudulently prevented by the opposing party from fully participating in the proceeding.” ( County of San Diego v. Gorham (2010) 186 Cal.App.4th 1215, 1228 –1229.) Plaintiff's motion refers to various potential frauds, such...

Excerpt: ...0, 62 -64, 66 -68, 70 - 72, 74- 76, 78-80, 82 -84, and 86 -88. Defendant further moves to compel each plaintiff to provide further responses to form interrogatory – general, No. 17.1. Separate Statement Defendant's motions are procedurally defective because their separate statements are incomplete. “A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand ...

Excerpt: ... the court for a determination of good faith settlement. (CCP § 877.6(a).) A determination of good faith settlement “shall bar any other joint tortfeasor or co -obligor from any further claims against the settling tortfeasor or co -obligor for equitable comparative contribution, or partial or comparative indemnity, based on compara tive negligence or comparative fault.” (CCP § 877.6(c).) In Tech -Bilt, Inc. v. Woodward -Clyde & Associates (...

Excerpt: ...ustained . Objection Nos. 2 -4 are therefore moot. Objection Nos. 5 -12 are overruled . Objection Nos. 13 -17 are sustained . Mutual Assent Plaintiff argues there was no mutual assent to the arbitration agreement because he did not understand the agreement. (Opp., pp. 5 -6.) “[O]ne who accepts or signs an instrument, which on its face is a contract, is deemed to assent to all its terms, and cannot escape liability on the ground that he has not ...

Excerpt: ...�without having served a valid objection under Section 2025.410.” (CCP § 2025.450(a).) Plaintiff does not meet his burden of showing he made “a reasonable and good faith attempt at an informal resolution of each issue presented by the motion” (CCP § 2016.040) as required when moving to compel a deposition (CCP § 2025.450(b)(2)). On January 18, 2024, Universal's counsel wrote to plaintiff, “Mr. Dancer is no longer with UPS. I will find ...

Excerpt: ...the complaint. Requests for Judicial Notice Plaintiffs request judicial notice of two complaints in other actions. Though the documents are court records subject to judicial notice under Evidence Code § 452(d), they are not relevant or necessary to the court's analysis. (See Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn. 6; Appel v. Superior Court (2013) 214 Cal.App.4th 329, 342, fn. 6.) Both requests f...

Excerpt: ...t requires both procedural and substantive unconscionability, using a sliding scale. (Id. at p. 125.) “Procedural unconscionability focuses on the elements of oppression and surprise.” (Serafin v. Balco Properties Ltd., LLC (2015) 235 Cal.App.4th 165, 177.) “Substantive unconscionability focuses on the actual terms of the agreement and evaluates whether they create overly harsh or one -sided results. (Ibid. , internal quotes omitted.) Proce...

Excerpt: ...7- 51, 54, 55, 59, 73, and 74. Section 2031.280(a) provides, “Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.” Beverly produced documents on a flash drive containing “(1) documents Bates Nos. WJB000001 -WJB000632; and (2) a folder entitled ‘Beverly Emails with Partners, etc.' which cons...

Excerpt: ...fendant relies on the “apex witness” rule. Generally, “ ‘agency heads and other top governmental executives are not subject to deposition absent compelling reasons.' [Citation.] ‘The general rule is based upon the recognition that “... an official's time and the exigencies of his everyday business would be severely impeded if every plaintiff filing a complaint against an agency head, in his official capacity, were allowed to take his ...

Excerpt: ...fficiently clear. “ ‘A permanent injunction is merely a remedy for a proven cause of action. It may not be issued if the underlying cause of action is not established.' ” (City of South Pasadena v. Department of Transportation (1994) 29 Cal.App.4th 1280, 1293.) “To qualify for a permanent injunction, the plaintiff must prove (1) the elements of a cause of action involving the wrongful act sought to be enjoined and (2) the grounds for equi...

Excerpt: ... defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.” Section 583.250 provides: “(a) If service is not made in an action within the time prescribed in this article: (1) The action shall not be further prosecuted and no further proceedings shall be held in the action. (2) The action shall be dismissed by the court on its own motion or on motion of any person interested in the action, wheth...

Excerpt: ...k Santos's consent to assign the International Agreement to Grupo Lauman or its affiliates, including Altener.” (Mot., p. 1.) Santos argues “Defendants' recent assertion that they would have requested Santos's consent to before assigning the International Agreement to Grupo Lauman has no evidentiary support because it is not true, and because it directly contradicts Defendants' consistently held position since at least 2021.” (Ibid.) The mo...

Excerpt: ... Lepejian, Lucas Lepejian, and Tayla Lepejian. Defendants/cross -complainants did not timely serve and file their memorandum of costs. “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk.” (Cal. Rules of Court, rule 3.1700(a)(1).) The clerk served notice of entry of judgment by mail on December 1, 2023. After extend...

Excerpt: ...ranscript of a hearing in that proceeding. All six exhibits are court records subject to judicial notice. (Evid. Code, § 452(d).) Defendant's requests for judicial notice of exhibits A -F are granted. Plaintiffs request judicial notice of two exhibits: 14 and 18. Exhibit 14 is a stipulation between these parties in a prior case, No. BC444991. But, as defendant notes, the document does not indicate it was filed with the court. Plaintiffs therefor...

Excerpt: ...n for failure to prevent gender discrimination ( id., subd. (k)). The cross -complaint does not allege she exhausted her administrative remedies. “Before pursuing a civil action asserting violation of the FEHA, an employee must file an administrative complaint with the” Civil Rights Department “and obtain a right-to- sue letter from the agency.” (Foroudi v. Aerospace Corporation (2020) 57 Cal.App.5th 992, 1002.) “ ‘Exhaustion of these...

Excerpt: ...ts petitioner incurred in making this petition. Klein is entitled to an order that respondent shall pay his reasonable expenses incurred for this petition. Code of Civil Procedure section 1281.99(a) provides, “The court shall impose a monetary sanction against a drafting party that materially breaches an arbitration agreement pursuant to subdivision (a) of Section 1281.97 or subdivision (a) of Section 1281.98, by ordering the drafting party to ...

Excerpt: ...port of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) The declaration of Jeffrey E. Dorsett in support of this motion does not show any such effort to resolve the issue presented by the motion: reopening discovery. His declaration begins by explaining the parties' disputes over the depositions of defendants Chong Park and Howard Park. (...

Excerpt: ...gal effects are subject to judicial notice under Evidence Code § 452(d). (See Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120.) Defendant's requests for judicial notice are granted. On demurrer, courts need not accept the truth of allegations that are inconsistent with documents subject to judicial notice. (Cansino v. Bank of America (2014) 224 Cal.App.4th 1462, 1474.) Amended Demurrer to Second Amended Complaint Defendan...

Excerpt: ...e reporter's transcript, and $49.50 for service of papers. Plaintiff cannot recover these costs because he did not incur them for the appeal on which he prevailed. Both sides appealed orders in this case. The Court of Appeal issued two remittiturs. First, on March 9, 2023, the Court of Appeal issued a remittitur “[a]s to the notice of appeal filed January 10, 2022, by Appellant Gabriel Flores.” The remittitur did not state that any party was ...

Excerpt: ...sion (d). Lodestar Plaintiffs seek attorney fees incurred for the following hours and rates: Timekeeper Rate Hours Billed Freeman $450 8.3 $ 3,735.00 Henry $450 2 $ 900.00 Inscore $550 9.5 $ 5,225.00 Mellgren $450 9 $ 4,050.00 Rotman $550 21.9 $12,045.00 Wirtz $750 3 $ 2,250.00 Evans $300 8.7 $ 2,610.00 Goldson $300 18 $ 5,400.00 Hildebrand $250 3.6 $ 900.00 Lizarraga $250 4.2 $ 1,050.00 Vitanatchi $250 5.4 $ 1,350.00 Viviani $300 1.4 $ 420.00 Mu...

Excerpt: ...g the fees and costs petitioner incurred in making this petition. Klein is entitled to an order that respondent shall pay his reasonable expenses incurred for this petition. Code of Civil Procedure section 1281.99(a) provides, “The court shall impose a monetary sanction against a drafting party that materially breaches an arbitration agreement pursuant to subdivision (a) of Section 1281.97 or subdivision (a) of Section 1281.98, by ordering the ...

Excerpt: ...' existence and legal effects are subject to judicial notice under Evidence Code § 452(d). (See Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120.) Defendant's requests for judicial notice are granted. On demurrer, courts need not accept the truth of allegations that are inconsistent with documents subject to judicial notice. (Cansino v. Bank of America (2014) 224 Cal.App.4th 1462, 1474.) Amended Demurrer to Second Amended ...

Excerpt: ...nd cause of action for failure to prevent gender discrimination ( id., subd. (k)). The cross -complaint does not allege she exhausted her administrative remedies. “Before pursuing a civil action asserting violation of the FEHA, an employee must file an administrative complaint with the” Civil Rights Department “and obtain a right-to- sue letter from the agency.” (Foroudi v. Aerospace Corporation (2020) 57 Cal.App.5th 992, 1002.) “ ‘Ex...

Excerpt: ... A. Yeck's hourly rate of $650. For hourly rates, “the trial court is in the best position to value the services rendered by the attorneys.” (569 East County Boulevard LLC v. Backcountry Against the Dump, Inc. (2016) 6 Cal.App.5th 426, 436.) Courts may rely on their “own knowledge and familiarity with the legal market, as well as the experience, skill, and reputation of the attorney requesting fees, the difficulty or complexity of the litig...

Excerpt: ...atters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Courts exercise their discretion “liberally to permit amendment,” and “[t]he policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Courts also have discretion to permit a supplemental complaint “ alleging f...

Excerpt: ...dant cites no authority supporting its premise that “[t]he U.S. Supreme Court has long held that a plaintiff cannot proceed directly against a public entity on 42 U.S.C. § 1983 claims as a matter of law because there is no vicarious liability for such claims.” (Motion, pp. 3-4.) Defendant's reliance on Ashcroft v. Iqbal (2009) 556 U.S. 662 is misplaced. There, the Supreme Court stated, “Absent vicarious liability, each Government official,...

Excerpt: ...and Sonya Bagby. Defendants move to strike portions of the complaint related to punitive damages. Courts may strike a “demand for judgment requesting relief not supported by the allegations of the complaint.” (Code Civ. Proc., § 431.10, subd. (b)(3).) Courts may strike allegations regarding punitive damages where the facts alleged “do not rise to t he level of malice, oppression or fraud necessary” to recover punitive damages under Civil...

Excerpt: ... the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (CCP § 1987.1(a).) Plaintiff contends the subpoena to Sotheby's International Realty infringes on “multiple privacy rights.” (Motion, p. 2.) “The party asserting a privacy right m...

Excerpt: ...n of inability to comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310(a).) Plaintiffs' requests for production Nos. 16 -21 demand various categories of documents regarding the “POWERTRAIN DEFECT”: documents concerning (16) internal analysis or investigation, (17) communications about the defect, (18) warranty extensions, technical service bulletins and reca...

Excerpt: ...2023, the clerk entered Turrow's default pursuant to plaintiffs' request. “The entry of a default cuts off the right to file pleadings and motions, and the right to notices and the service of pleadings.” (Steven M. Garber & Associates v. Eskandarian (2007) 150 Cal.App.4th 813, 823.) “After a default, a defendant is ‘ “out of court” ' and cannot take any further steps in the cause affecting the plaintiff's right of action until the def...

Excerpt: ... to the court for a determination of good faith settlement. (CCP § 877.6(a).) A determination of good faith settlement “shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (CCP § 877.6(c).) In Tech -Bilt, Inc. v. Woodward-Clyde & Associates (1...

Excerpt: ...f Civil Procedure section 405.30 provides that a party with an interest in the real property may move to expunge a lis pendens. A party may do so on the basis that “the lis pendens is void and invalid” under section 405.23. (J & A Mash & Barrel, LLC v. Superior Court of Fresno County (2022) 74 Cal.App.5th 1, 16.) “A motion for expungement establishes a lis pendens is ‘void and invalid' for purposes of section 405.23 by showing service of ...

Excerpt: ... for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (CCP § 437c(a)(1).) In contrast, “[a] party may move for summary adjudication as to one or more causes of action within an action.” (Id., subd. (f)(1).) “Unlike a summary judgment, which terminates the entire action and results in an immediate, appealable judgment [citations], summary ...

Excerpt: ...r production of business records. Sunlight moves to quash White's deposition subpoena. White's motion to compel compliance with the subpoena is untimely. A motion to compel production of documents demanded in a deposition subpoena “shall be made no later than 60 days after the completion of the record of the deposition.” (CCP § 2025.480(b).) “The record of” a deposition pursuant to a business records subpoena “is the documentary record...

Excerpt: ...ction is grounds for sanctions up to and including termination. (CCP § 2030.300(e) [interrogatories]; § 2031.310(i) [requests for production].) Disobeying an order compelling further responses to requests for admission is grounds for monetary sanctions and an order deeming the matters admitted. (§ 2033.290(e).) Jerry Davidson disobeyed orders compelling further responses to special interrogatories, requests for production, and requests for adm...

Excerpt: ...( Curci Investments, LLC v. Baldwin (2017) 14 Cal.App.5th 214, 221.) Where “the liability of the individual defendants” relies “upon disregard of the corporate entity by application of the alter ego doctrine,” a complaint's “bare conclusory allegation[s]” are insufficient for a default judgment against the individuals. (Vasey v. California Dance Co. (1977) 70 Cal.App.3d 742, 748 -749.) “In order to prevail in a cause of action again...

Excerpt: ...errogatories, and requests for production. When the responding party fails to timely respond to interrogatories or requests for production, the requesting party may move for an order compelling responses. (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [request for production].) Failing to timely respond waives any objections. (CCP §§ 2030.290(a); 2031.300(a).) BMW ultimately served untimely responses to these discovery requests. (Dao Decl...

Excerpt: ... the operative pleading: the first amended complaint after the court sustained defendants' demurrer to the 5th through 10th causes of action for foreclosure of mechanics liens. The court's order sustaining the demurrer gave plaintiff 30 days' leave to file a second amended complaint. Plaintiff concedes it did not timely file a second amended complaint. (Opp., p. 2.) Instead, the same day defendants filed this motion, plaintiff filed an untimely s...

Excerpt: ...o exhibits: (A) a letter written by the Department of Health Care Services (DHCS) to the California Society of Pathologists, and (B) part of the Medi -Cal Provider Manual titled “Pathology: Billing and Modifiers.” Both documents are “[o]fficial acts” of the State's executive departments subject to judicial notice under Evidence Code section 452(c). Defendant's requests for judicial notice are granted. Judicial Abstention Defendant argues ...

Excerpt: ...the same or similar claims” (Cal. Rules of Court, rule 3.300(a)(1)) or “[a]rise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact” (rule 3.300(a)(2)). The latter case alleges personal injury and premises liability based on plaintiff Latasha Grigsby falling on February 16, 2021, while using the stairs at 776 East Meadbrook St...

Excerpt: ...ss for plaintiffs Donoco Investments, LLC and Donald Okada. The court will not consider plaintiffs' opposition. Marcus, Watanabe & Enowitz filed the opposition on plaintiffs' behalf. That firm is not plaintiffs' counsel of record. The firm has filed two notices of limited scope representation stating representation was limited to (1) opposing summary judgment and (2) responding to the order to show cause re: transfer to limited jurisdiction. Both...

Excerpt: ...nt greater than the amount specifically demanded in the complaint is void as beyond the court's jurisdiction.” (Airs Aromatics, LLC v. CBL Data Recovery Technologies, Inc. (2018) 23 Cal.App.5th 1013, 1018.) “Where no amount of damages is demanded any amount awarded is by definition greater than the amount demanded.” (Falahati v. Kondo (2005) 127 Cal.App.4th 823, 830–831.) Plaintiff requests a judgment of $216,766.50 including $200,000 in ...

Excerpt: ... a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” “Because the law favors disposing of cases on their merits, ‘any doubts in applying section 473 must be resolved in favor of the party seeking relief from default.' ” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980.) Defendants' counsel Ophir J. Bitton explains, “After [a] call” with p...

Excerpt: ...fendant followed the safe harbor procedure required under section 128.7. “Notice of motion shall be served as provided in Section 1010, but shall not be filed with or presented to the court unless, within 21 days after service of the motion, or any other period as the court may prescribe, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.” (CCP § 128.7(c)(1).) The proof of ser...

Excerpt: ...Pinnacle and Guan arise from plaintiffs' sale of real property at 2120 Mountain View Rd. in South El Monte. (Comp., ¶¶ 35-45.) Plaintiffs Min-Hsiung Chen and Nancy M. Chien conveyed title to the property to the Chien Family Trust. (¶ 36.) Min-Hsiung and Nancy M. Chien served as the trustees until May 2022. (¶ 47.) Their children, Stan Chien and Allen Chien, then succeeded them as trustees. (Ibid.) Plaintiffs allege, “On or about March 1, 20...

Excerpt: ...� Though this rule does not apply to anti-SLAPP motions, consecutively numbering objections—especially voluminous objections—is necessary for the court to make clear rulings on them. All of defendant's objections are overruled . Public Interest Exemption Plaintiff relies on the public interest exemption in Code of Civil Procedure section 425.17(b): “Section 425.16 does not apply to any action brought solely in the public interest or on beha...

Excerpt: ...tt is a party to the agreement, the court will still deny the motion for the reasons discussed below. Labor Code Claims Garrett cannot require plaintiff to arbitrate the first six causes of action for violations of the Labor Code. Garrett moves to enforce an arbitration provision included in a document labeled “At-Will Agreement.” (Gentry Decl., Ex. A.) The agreement provides, “Employee and the Company agree that arbitration shall be the ex...

Excerpt: ...n.” (Id., subd. (b).) Defendant shows good cause to depose plaintiff again. This action arises from plaintiff's termination in 2014. Defendant deposed plaintiff in July 2017. (Lalitte Decl., ¶ 3.) Plaintiff claims damages extending beyond July 2017. Trial is now set for May 8, 2024, nearly seven years after plaintiff was deposed. What has happened since July 2017 is directly relevant. More than two thirds of the period relevant to plaintiff's ...

Excerpt: ... action arises from injuries plaintiff Catherine Pham, D.D.S. alleges she suffered due to a defective medical device. Defendants LivaNova Holding USA, Inc. and LivaNova Deutschland, GmbH (LivaNova) manufactured the device. The Kaiser defendants used it while treating Pham. Co-plaintiff Tuan H. Tran is Pham's spouse and alleges one cause of action for loss of consortium against all defendants. The Kaiser defendants settled with plaintiffs in excha...

Excerpt: ...unconscionability focuses on the elements of oppression and surprise.” (Id. at p. 177.) “Substantive unconscionability focuses on the actual terms of the agreement and evaluates whether they create overly harsh or one-sided results. (Ibid., internal quotes omitted.) “Generally, the burden is on the party opposing arbitration to show an arbitration agreement is unconscionable.” (Saheli v. White Memorial Medical Center (2018) 21 Cal.App.5th...

Excerpt: ...attorney's fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.” (CCP § 685.040.) The Enforcement of Judgments Law “ ‘addresses in detail several means of enforcing a judgment, including liens on real and personal property (§§ 697.010-697.920), writs of execution (§§ 699.010-701.830), garnishment of wages (§§ 706.010-706.154) and writs of possession or sale (§§ 712.010-7...

Excerpt: ...laint.” (Code Civ. Proc., § 431.10, subd. (b)(3).) Courts may strike allegations regarding punitive damages where the facts alleged “do not rise to the level of malice, oppression or fraud necessary” to recover punitive damages under Civil Code section 3294. (Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 64.) Punitive Damages for Breach of Implied Covenant of Quiet Enjoyment One of the 18 portions of the co...

Excerpt: ...Musayelyan makes 33 objections to the declaration of Mariam Gabashvili and four objections to the declaration of Dmitry Bykov. All objections are overruled. Legal Standard Courts use a two-step process for resolving anti-SLAPP motions under section 425.16: “First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity.” (Navellier v. Sletten (2002) 29 Cal...

Excerpt: ... made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceedings.” (CCP § 1286.) Real Party in Interest Petitioner Clare contends respondent 2644 fails to show it is the real party in interest and therefore lacks capacity to respond to the petition or file a cross-petition. Clare's argument relies on the premise that...

Excerpt: ...statement, however, includes only 29 requests, erroneously numbered 1-29. They are request Nos. 7-27 and 29-36. The court will only address those requests. A party propounding requests for production may move to compel further responses if “[a] statement of compliance with the demand is incomplete,” “[a] representation of inability to comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or t...

Excerpt: ...drug replied that the new verifications are improper for several reasons, including that they were signed electronically instead of by hand. Electronic signatures are permitted—even for documents signed under penalty of perjury. (Cal. Rules of Court, rule 2.257(b).) The new verifications are sufficient. Apart from the verifications, Vydrug presents valid grounds to strike all 24 challenged portions of the answer. Code of Civil Procedure section...

Excerpt: ...ction is overruled. Defendants make 43 objections to the declaration of Donald Okada. Objection Nos. 2, 3, and 30-32 are sustained. Objection Nos. 1, 4-29, and 33-43 are overruled. Defendants make 19 objections to the declaration of Brandon Rosenberg. All 19 objections are overruled. Defendants make 13 objections to the declaration of Maria Ajhar Thompson. All 13 objections are sustained. Defendants make 18 objections to the declaration of Jeff V...

Excerpt: ...y damages (FAC, prayer ¶¶ 1-4, 7). This cause of action does not permit monetary damages. Government Code section 11135(a) prohibits discrimination based on race or other protected bases in “any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state.” Sections 11137 and 11139 provide remedies available for a vi...

Excerpt: ...t.” (Code Civ. Proc., § 431.10, subd. (b)(3).) “[T]o obtain injunctive relief the plaintiff must ordinarily show that the defendant's wrongful acts threaten to cause irreparable injuries, ones that cannot be adequately compensated in damages.” (Intel Corp. v. Hamidi (2003) 30 Cal.4th 1342, 1352.) Courts may enjoin disclosure of confidential information. (See, e.g., Angelica Textile Services, Inc. v. Park (2013) 220 Cal.App.4th 495, 505-507...

Excerpt: ... the discovery. (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier. (3) Any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any...

Excerpt: ...ecords pursuant to Code of Civil Procedure section 2020.430(a)(2) and Evidence Code section 1561. Authority for Motion to Compel Compliance Code of Civil Procedure section 1987.1(a) provides, “If a subpoena requires the attendance of a witness or the production of” records, the court “may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, inc...

Excerpt: ... LLC (2015) 235 Cal.App.4th 165, 185.) “Procedural unconscionability focuses on the elements of oppression and surprise.” (Id. at p. 177.) “Substantive unconscionability focuses on the actual terms of the agreement and evaluates whether they create overly harsh or one-sided results. (Ibid., internal quotes omitted.) “Generally, the burden is on the party opposing arbitration to show an arbitration agreement is unconscionable.” (Saheli v...

Excerpt: ...gent and employee Winter served as the property owners' listing agent. (Comp., ¶¶ 4, 9.) The property's listing on a real estate website “described the Property as having a ‘gourmet kitchen [] fully quipped with Viking appliances,' ‘[a] flat entertainer's yard', and a ‘luxurious ensuite bathroom,' among other things. It listed a dishwasher, dryer, range, oven, refrigerator and washer as included appliances.” (¶ 8.) When plaintiffs to...

Excerpt: ...ney fees: “All costs, expenses and expenditures including, without limitation, the complete legal costs incurred by enforcing this Agreement as a result of any default by the Borrower, will be added to the principal then outstanding and will immediately be paid by the Borrower.” (Comp., Ex. 1, ¶ 6.) Plaintiff incurred these attorney fees as legal costs to enforce the loan agreement. Plaintiff therefore may recover attorney fees pursuant to t...

Excerpt: ...endant/cross-complainant Shara Koplowitz is the prevailing party for two reasons. First, the arbitrator already decided Koplowitz is the prevailing party. Plaintiff 7219-7225 West Sunset LLC's argument that it prevailed constitutes an improper collateral attack on the arbitration award and on this court's order confirming the award. In the arbitration proceeding, plaintiff moved for attorney fees. The arbitrator denied both motions. (Shtofman Dec...

Excerpt: ...usable neglect.” (CCP § 473(b).) “Because the law favors disposing of cases on their merits, ‘any doubts in applying section 473 must be resolved in favor of the party seeking relief from default.' ” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980.) Mistake or Excusable Neglect ABM's default resulted from its mistake, inadvertence, or excusable neglect. Plaintiff served the summons on ABM via its registered agent for service of process,...

Excerpt: ...legal cause” of childhood sexual assault under section 340.1, subdivisions (a)(2) and (a)(3). Doe relies on authority holding that section 340.1 requires actual or constructive knowledge of past sexual abuse, rather than knowledge of current sexual abuse. (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549 (Doe); Santillan v. Roman Catholic Bishop of Fresno (2012) 202 Cal.App.4th 708, 733 (Santillan); Deutsch v. Masonic Homes of California, ...

Excerpt: ... agreed to buy the condominium for $110,000 and pay off or refinance two loans secured by the property. (¶¶ 20, 25.) Plaintiff estimates the condominium was worth $480,000. (¶ 26.) Plaintiff alleges defendants never “paid off the Small Loan” (Comp., ¶ 31), never “refinanced the Major Loan” (¶ 32), and never “made any monthly payments on the Major Loan” (¶ 33). Plaintiff further alleges defendants knowingly promised to pay off or...

Excerpt: ...The court will sign the proposed orders on Judicial Council form MC-053. The orders will be effective upon filing proof of service of the signed orders on defendants Thomas Kim and Global Lien Services. Plaintiffs Young Sook Kim and Boo Kon Kim's Motion for Attorney Fees Plaintiffs/cross-defendants Young Sook Kim and Boo Kon Kim move for attorney fees from defendants/cross-complainants Thomas Kim and Global Lien Services. A prevailing party may o...

Excerpt: ...k Decl., Ex. 2.) Defendant Mercedes-Benz USA, LLC does not contest these costs. Attorney Fees: Hourly Rate Plaintiff seeks to recover fees based on attorney Susan A. Yeck's hourly rate of $650. For hourly rates, “the trial court is in the best position to value the services rendered by the attorneys.” (569 East County Boulevard LLC v. Backcountry Against the Dump, Inc. (2016) 6 Cal.App.5th 426, 436.) Courts may rely on their “own knowledge ...

Excerpt: ...ments as exhibit C to his complaint. CRD's notice of filing the administrative complaint, including the attached copy of the complaint, is an official act of the executive branch of the State of California. Its existence and legal effects are subject to judicial notice under Evidence Code section 452, subdivision (c). The court does not take judicial notice of the truth of the document's contents. (See Ragland v. U.S. Bank National Assn. (2012) 2...

Excerpt: ...the plaintiff and a third party; (2) the defendant's knowledge of that contract; (3) the defendant's intentional acts designed to induce a breach or disruption of the contractual relationship; (4) actual breach or disruption of the contractual relationship; and (5) resulting damage.' ” (Ixchel Pharma, LLC v. Biogen, Inc. (2020) 9 Cal.5th 1130, 1141.) “An essential element of a contract interference claim is proof that the defendant's conduct ...

Excerpt: ..., set two. When the responding party fails to timely respond to interrogatories, the propounding party may move for an order compelling responses. (CCP § 2030.290(b).) Failing to timely respond waives any objections. (CCP § 2030.290(a).) Salvador is entitled to an order compelling cross-defendants to respond to form interrogatories – general, set two. Salvador served the interrogatories on each cross-defendant on August 9, 2023. (Armstrong De...