Excerpt: ......

Excerpt: ......

Excerpt: ... move to compel further responses to No. 17.1. 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 is inadequate,” or “[a]n objection to an interrogatory is without merit or too general.” (CCP § 2030.300(a).) Nos. 9.1 and 9.2 After Alle...

Excerpt: ...iff does not allege purely economic loss. “ ‘[E]conomic loss' is pecuniary damage not arising from injury to the plaintiff's person or from physical harm to the plaintiff's property.” (Rest.3d Torts, Liability for Economic Harm, § 2.) Federal courts have specifically found a tort duty when repairing vehicles: “ ‘One who undertakes repairs has a duty arising in tort to do them without negligence.' ” (Sabicer v. Ford Motor Company (C.D...

Excerpt: ...hat Nissani's and Sarraf's personal guaranty agreements “are void because they are the product of forgery and were never agreed to by Nissani or Sarraf.” (Id., ¶ 32.) Defendants' motion relies on the incorrect premise that their proposed cause of action for cancellation of instruments is a compulsory crossclaim. If correct, that would limit the court's discretion to deny leave to amend. When a party fails to timely bring compulsory crossclai...

Excerpt: ...d confer as required. “A meet and confer declaration in support 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.) Plaintiff shows a sufficient effort to meet and confer. On February 22, 2024, plaintiff's counsel sent QTC's counsel a long email discussing the disputed form interrogatories and requests for production. (Zilikyan Decl., Ex...

Excerpt: ... of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” “The court must ‘grant[ ]' the ‘motion' ‘if all the papers submitted show' that ‘there is no triable issue as to any material fact' [citation]—that is, there is no issue requiring a trial as to any fact that is necessary under the pleadings and, ultimately , the law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Issue 1: Pl...

Excerpt: ...sposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (CCP § 437c(f)(1).) “[T]he Legislature ‘did not define what it meant by “an issue of duty.” ' ” ( Linden Partners v. Wilshire Linden Associates (1998) 62 Cal.App.4th 508, 518 ( Linden Partners ).) Courts have only held two types of “issues of duty” are subject to summary adjudication: the issue of a whether defendant owed a duty of car...

Excerpt: ...e filing these motions. Before moving to compel further discovery responses, a party must make a “reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., § 2016.040.) This rule aims “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order.” (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1293.) “The level of effort at...

Excerpt: ... The court exercises its discretion not to consider the untimely oppositions by cross - complainants. (Cal. Rules of Court, rule 3.1300(d).) Cross-complainants are admonished that they must file their papers in a timely way in the future. 1. Fraud The FACC does not allege sufficient facts to constitute fraud. Fraud requires “(a) misrepresentation; (b) defendant's knowledge of the statement's falsity; (c) intent to defraud (i.e., to induce actio...

Excerpt: ... ” (Taus v. Loftus (2007) 40 Cal.4th 683, 720.) A. The Statements Plaintiff sufficiently alleges the substance of the defamatory statements. To allege defamation, the complaint “must set forth ‘either the specific words or the substance of' the allegedly defamatory statements.” ( Comstock v. Aber (2012) 212 Cal.App.4th 931, 948.) “As Witkin distills the pleading rule, ‘It is sometimes said to be a requirement, and it certainly is the ...

Excerpt: ... et seq.); (3) Age Discrimination (Gov. Code § 12940); (4) Wrongful Termination in Violati on of Public Policy; (5) Harassment (Gov. Code § 12900, et seq.); (6) Failure to Prevent Discrimination and Harassment (Gov. Code, § 12940(k)); (7) Intentional Infliction of Emotional Distress; (8) Negligent Hiring, Supervision, and Retention; and (9) Defa mation. The Federal Arbitration Act (FAA) Applies Defendants move to compel arbitration under the F...

Excerpt: ...e defendant.” (Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 991.) Plaintiff meets this burden. “[I]n deciding whether service was valid, the statutory provisions regarding service of process should be liberally construed to effectuate service and uphold the jurisdiction of the court if actual notice has been received by the defendant.” (Gibble v. Car -Lene Research, Inc. (1998) 67 Cal.App.4th 295, 313.) “ ‘Personal service usual...

Excerpt: ...Civil Procedure section 1294(a). Defendants move for a discretionary stay. “Even when the statutes do not call for an automatic stay on appeal, the trial and appellate courts both have the power to issue discretionary stays.” ( Daly v. San Bernardino County Bd. of Supervisors (2021) 11 Cal.5th 1030, 1039 ( Daly).) Both the moving papers and opposition argue based on the following four factors used for discretionary stays in federal court: “...

Excerpt: ...re each subject to judicial notice for their existence, contents, and legal effects. The court grants judicial notice of exhibits A through F. Leave to File First Amended Complaint Courts have discretion to permit an amendment to any pleading “in furtherance of justice, and on any terms as may be proper.” (Code Civ. Proc., § 473, subd. (a)(1).) Courts exercise their discretion “liberally to permit amendment,” and “[t]he policy favoring...

Excerpt: ...ests for judicial notice are granted . Summary of Pleadings Plaintiff AMG & Associates, Inc. (AMG)'s operative first amended complaint alleges defendant LAUSD breached five contracts. LAUSD filed a cross -complaint against AMG alleging five causes of action for breach of the same contracts, a sixth cause of action for declaratory relief against AMG, and a seventh cause of action for declaratory relief against Travelers as AMG's surety. Right to T...

Excerpt: ...not show proper service of the second amended answer. Vydrug provides no authority for striking an answer because it was not served properly. Moreover, Vydrug specifically addresses “evidence of service” and a defect in the “Declaration of Service.” (Motion, p. 15.) Vydrug has a copy of the second amended answer. Whether the proof of service is erroneous or false makes no difference. B. Verification Vydrug argues defendants' verifications...

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: ..., 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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...