Excerpt: ...urt may impose such sanctions against a party who disobeys a court order compelling further responses to requests for production (CCP § 2031.310(i)) or an order compelling inspection or production of documents (CCP § 2031.320(c)). Court Orders Plaintiff contends defendant violated two related court orders. On June 29, 2016, the court granted plaintiff's motion to compel defendant Dignity Health to further respond to requests for production. (Ma...

Excerpt: ...abeled “request to enter default judgments for good cause against defendants T.L. Beach Ltd.; Greendot Limited; Four Star Development; Flower Funding; North Star Holdings; Rafael A. Alburto Soza; Javier Padilla; Randal Fox; and Dorothy R. Brown Smith.” Defendant North Star Holdings Plaintiff's request to enter default judgments purports to include a stipulation with defendant North Star Holdings to set aside a deed of trust in lieu of service...

Excerpt: ... to defendants' evidence. All 10 objections are overruled. Defendants make five objections to plaintiff's evidence. All five objections are overruled. Legal Standard Summary judgment 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 ple...

Excerpt: ... Leonardo Ramirez-Alvarez, Keila Daniela Ramirez-Alvarez, and Dasha Sadash Ramirez. 4th Cause of Action: Business & Professions Code § 17200 Plaintiffs allege sufficient facts for this cause of action. Defendants argue plaintiffs have not shown that any wrongful conduct is defendants' “regular practice.” (Demurrer, p. 7.) Business and Professions Code section 17200, however, “covers single acts of misconduct.” ( Klein v. Earth Elements, ...

Excerpt: ...s and rates: Timekee er Barry (rate 1) Barry (rate 2) Barry (rate 3) Quinn (rate 1) Quinn (rate 2) Galaviz (rate 1) Galaviz (rate 2) Hayes (rate 1) Hayes (rate 2) Norris Pascal (rate 1) Pascal (rate 2) Kim (rate 1) Rate Hours $525 $600 $625 $500 $550 $425 $515 $400 $450 $425 $300 $350 $250 8.5 16.1 5 2.8 0.3 11.4 0.3 5.5 0.3 6.4 9 0.3 69.5 Billed 4,462.50 9,660.00 3,125.00 1,400.00 165.00 4,845.00 154.50 2,200.00 135.00 2,720.00 2,700.00 105.00 1...

Excerpt: ...e following attorney fees and expenses: Timekeeper Rate Hours Billed Kaufman Mandel Flansburg Masri Subtotal Multiplier Other Costs Total $595 $395 $210 $150 1.5 69.9 17.1 1.8 0.5 s 41,590.50 6,754.50 378.00 75.00 48,798.00 73,197.00 2,147.38 75,344.38 Hourly Rates Attorney Joseph Kaufinan bills $595 hourly. Attorney Jacqueline Mandel bills $395 hourly. Defendant Nissan North America, Inc. argues the court should reduce their rates to $400 and $2...

Excerpt: ...rsity internal administrative remedies before filing suit in superior court for retaliatory termination under _ _ Labor Code section 1102_5_" (Campbell v. Regents of University ofCa/ifornia (2005) 35 Cal_4th 3 1 1, 317 The University of California's whistleblower protection policy requires employees to "file their complaints with a Sworn Statement within 12 months of the actions believed to be retaliatory." (RJN, Ex_ B, p. 1.) UCLA procedure 620 ...

Excerpt: ...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) identihr 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 ofa triable, material factual issue." (Hinesley v. Oakshade Town Center (2005) 135 calApp_4th 289, 294) P...

Excerpt: ...s to requests for production or interrogatories, "[i]f a party then fails to obey" the order, "the court may make those orders that are just, including" imposing monetary, issue, evidence, or terminating sanctions. (CCP [interrogatories], 2031 _300(c) [requests for production] _ ) Defendant Eldridge disobeyed two orders compelling discovery responses. On January 10, 2023 the court ordered Eldridge to respond to form interrogatories, set one, with...

Excerpt: ...o any alleged cause of action, we examine the factual allegations of the complaint, 'to determine whether they state a cause of action on any available legal theory.' " (Adelman v. Associated Intern. Ins. Co. (2001) 90 Cal App_4th 352, 359.) Moreover, gross negligence is not truly a cause of action, as the demurrer ackrlowledges_ (Cin of Santa Barbara v. Superior Court (2007) 41 Cal 4th 747, 779—780 (Santa Barbara) ["We do not view our holding ...

Excerpt: ...ismissal is entered." (CCP 1032(a)(4)_) On March 17, 2023, plaintiff requested dismissal of the entire action. Defendant is therefore the prevailing party entitled to recover costs (CCP 1032(b)_) Defendant is also the prevailing party under the relevant attorney fee statute. Plaintiffs fifth cause of action alleged defendant violated Business and Professions Code section 7108_5_ "In any action for the collection of funds wrongfully withheld, the ...

Excerpt: ...e depositions of Diego Lemer, Guillermo Tabanera, and Kenneth Neuman. Santos also moves to reopen discovery "if necessary to do so." Reopening discovery IS necessary _ Fact discovery closed at the latest on March 27, 2023, thirty days after the initial trial date. (Code Civ. Proc_, 2024_020, subd_ (a)_) On January 20, 2023, pursuant to the parties' joint motion, the coult continued the trial to September 13, 2023. In their joint motion, the parti...

Excerpt: ...1 matters of examination. (Mendoza Decl_, Ex. 6.) Except for matter Nos_ 27 and 28, defendant made valid objections to the notice of deposition. Matter Nos. 1 and 2 ask about the vehicle's service and warranty history and about the applicable warranties. Defendant agreed to produce a witness to testify about GM's understanding of the vehicle's service, maintenance, and repair history under the warranty and abut the terms of the vehicle's warranty...

Excerpt: ...t the information discloses a violation of state or federal statute, or a violation Ofor noncompliance with a local, state, or federal rule or regulation." Plaintiff fails to allege sufficient facts for this cause of action because he does not allege he disclosed something he reasonably believed violated a state or federal statute, rule, or regulation. "[A]n employee need not prove an actual violation of law; it suffices if the employer fired him...

Excerpt: ...dical Center v. PacifiCare of California (2003) 31 Cal_4th 1187, 1195 (St. Agnes)_) It is not settled whether waiving the right to arbitrate requires prejudice to the opposing party. (Davis v. Shiekh Shoes, LLC (2022) 84 956, 966, fil_ 5 (Davis); see also Desert Regional Medical Center, Inc. v. Miller (2022) 87 Cal_App_5th 295, 322.) As Davis notes, the question is pending before the California Supreme Court in Quach v. California Commerce Club, ...

Excerpt: ...s regarding the subject property The documents were recorded by the Los Angeles County Recorder's Office. Their existence, facial contents, and legal effects are subject to judicial notice under Evidence Code 452(c) and (h). (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal 4th 919, 924, fn. 1, Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 calApp_4th 1106, 1116-1117.) Defendants' 14 requests for judicial notice are grante...

Excerpt: ...ch was refused in whole or part, or granted conditionally or on terns, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be 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." (CCP 1008(b)_) This is a renewed motion. Defendant moved to t...

Excerpt: ...monetary sanction." (CCP S 2030.300(e) [interrogatories]; S 2031.310(i) [requests for production].) Meet and Confer Plaintiff argues defendant did not adequately meet and confer before filing these motions. The record shows otherwise. On March 3, 2023, defendant sent plaintiffs counsel a detailed meet and confer letter. (Mounedji Decl., 7, Ex. C.) Plaintiffs counsel replied he was "happy to discuss over the phone your concerns in your letter. Ple...

Excerpt: ...nd determine, as between the parties, all conflicting claims to the property in controversy, and to decree to each such interest or estate therein as he [or she] may be entitled to ' " (Deutsche Bank National Trust Co. v. Pyle (2017) 13 CalApp_5th 513, 524.) Quiet title concerns "adverse claims to the title of the plaintiff against which a determination is sought." (CCP 761 _020(c)_) The second amended cross-complaint alleges no adverse or compet...

Excerpt: ...) ) "'Prevailing party' includes a defendant in whose favor a dismissal is entered." (CCP 1032(a) ) Plaintiff requested dismissal of defendant Salle Johnson. That dismissal was entered on February 15, 2023. Johnson is therefore a prevailing party entitled to recover her costs. Johnson claims only two costs: the $435 first appearance fee for her demurer and the $71.19 fee for electronic filing Those costs are allowed. (CCP 1033_5(a)(1) ["Filing, m...

Excerpt: ...308, 1315 (E-Fab) ) "[T]he defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows merely that the action may be barred." (ld. at p. 1316.) The court must determine which statute of limitations applies and when the claim accrued. (Ibid.) Generally, an action to enforce a mechanic's lien must be filed "within 90 days after recordation of the claim of lien." (Civ. Code, 8460(a)_) But "if ...

Excerpt: ...ant Paramount Plaza, LLC (Paramount) to requests for production Nos. 153, 154, 157, 161, and 162. (Plaintiffs reply states the parties resolved their disputes over other requests.) Because Paramount served supplemental responses, the motion is moot as to the substance of its responses. The court declines to rule on the merits of the supplemental responses to requests Nos_ 153, 154, 157, 161, and 162. Plaintiff also did not make an adequate attemp...

Excerpt: ...bly in good faith and fair dealing through negotiation. If unresolved, any claim or dispute, whether in contract, tort, statute, Labor Code, employment law or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute) between both parties or their employees, agents, successors or assigns, which arises out of or is related to this contract or any resulting transaction or relation...

Excerpt: ...cause of his or her membership in a protected class. (Gov Code, 12940(i)(1)_) "The law prohibiting harassment IS violated when the workplace is permeated with discriminatory intimidation, ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment." (Nazir v. United Airlines, Inc. (2009) 178 CalApp_4th 243, 263, internal quotes and alterations omitted.) ...

Excerpt: ...h prays for punitive damages. A party may move to strike a "demand for judgment requesting reliefnotsupported bythe allegations of the complaint." (CCP S 431.100(3).) Courts may strike allegations related to punitive damages where the facts alleged "do not rise to the level of malice, oppression or fraud necessa$ to recover punitive damages under Civil Code section 3294. (Turman v. Turning Point ofCentral California, Inc. (2010) 191 Cal.App.4th 5...