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