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: ... 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: ...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: ...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...