Excerpt: ...es three causes of action: (1) specific performance, (2) quiet title, and (3) declaratory relief. All three arise from an alleged contract executed in 2017. (Comp., ¶¶ 7-32, Ex. A.) It is undisputed that defendant Victor Manuel Orellana has “lived in Orange County for over 20 years” and has “never resided in Los Angeles County.” (V. Orellana Decl., ¶ 2.) Defendant states, “The agreement was written and signed in my presence in Orange...

Excerpt: ...5.450(b)(2) requires the moving party to meet and confer. “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.) Defendant served objections to the deposition notice on February 9, 2022. (Galaviz Decl., ¶ 5, Ex. 2.) The same day, plaintiff's counsel sent an email asking defendant to withdraw its ob...

Excerpt: ...plaintiff and a third party; (2) defendant's knowledge of this contract; (3) 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.” (Pacific Gas & Electric Co. v. Bear Stearns & Co. (1990) 50 Cal.3d 1118, 1126.) Pico fails to allege facts—rather than conclusions—regarding the first element. It vaguely ...

Excerpt: ...on for violation of the Rosenthal FDCPA. Defendant Pamela Abbott Moore also moves for judgment on the pleadings on the 15th and 16th causes of action. Extrinsic Evidence Both motions make several arguments relying on extrinsic evidence—a letter sent to Muldrow on October 26, 2016. “Presentation of extrinsic evidence is … not proper on a motion for judgment on the pleadings.” (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999....

Excerpt: ...demurrers or motions for summary judgment.” (Deveny v. Entropin, Inc. (2006) 139 Cal.App.4th 408, 425.) The sham pleading doctrine does not apply because plaintiffs did not omit any harmful allegations from the initial complaint. There were no harmful allegations on the relevant topic—the delayed discovery rule. Wiseman contends that the first amended complaint fails to allege sufficient facts to rely on that doctrine. (Demurrer, p. 7.) Wisem...

Excerpt: ...t (FAC) relating to specific performance: 1. Paragraph 53, page 11, lines 16-22: “As an actual and proximate cause of the breach of the contract, Ms. Chen has suffered, and will continue to suffer, irreparable damage for which there is no adequate remedy at law. Ms. Chen is entitled to a decree of specific performance enforcing Ms. Chen's right under the UPA to permit a fair and transparent valuation process, namely to have an independent, mutu...

Excerpt: ... first amended cross-complaint fails to allege sufficient facts for this cause of action. Breach of contract requires: (1) a contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) resulting damages. (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) Gur fails to allege a valid contract. He alleges an oral agreement to buy Mark and Gila Standring's interest in real property. Agreements for the sale...

Excerpt: ...th seven grounds for a motion for new trial. In his notice of motion, plaintiff cites all seven grounds. But in his memorandum of points and authorities, he only discusses three statutory grounds, namely an irregularity of the proceedings (§ 657(1)), misconduct of the jury (§ 657(2)), and inadequate damages (§ 657(5)). Under article VI, section 13 of the California Constitution, the court generally cannot grant a new trial unless, “after an ...

Excerpt: ...oceeding 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.) DOOH Transport Services, LLC, Erroneously Sued as LED Truck, LLC The court cannot set aside default against DOOH Tran...

Excerpt: ...cepted by the Department of Fair Employment and Housing is an official act of a government agency subject to judicial notice under Evidence Code § 452(c). Defendants' request for judicial notice is granted. (1) Judgment on the Pleadings Defendants Valley Intercommunity Council, Inc. and Beverly Ventriss move for judgment on the pleadings based on the statute of limitations. “A motion for judgment on the pleadings is equivalent to a demurrer an...

Excerpt: ...2210 Echo Park Partners, LLC or Reservoir Partners, LLC. Plaintiff's causes of action do not rely on piercing the corporate veil via the alter ego doctrine. “Ordinarily, a corporation is regarded as a legal entity, separate and distinct from its stockholders, officers and directors, with separate and distinct liabilities and obligations.” (Sonora Diamond Corp. v. Superior Court (2000) 83 Cal.App.4th 523, 538.) Plaintiff does not allege McIner...

Excerpt: ...e, and model of the subject vehicle and to complaints of making noise while driving or a tapping noise from the left rear door/seat area while driving. (Yashar Decl., ¶¶ 10-11, Ex. 6.) Nos. 13-16 Request Nos. 13-16 asked for: No. 13: All DOCUMENTS IDENTIFYING repurchases made by YOU of the 2020 Mercedes GLS450, vehicles and allegedly containing any of the conditions, defects, or nonconformities for which Plaintiff presented the SUBJECT VEHICLE ...

Excerpt: ...quested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” The parties agreed to settle this case in October 2021. (Ledbetter Decl., ¶ 2, Ex. 1.) The settlement provides for the court to retain jurisdiction under CCP § 664.6. (Id., § 2.b.) Defendant Jaguar Land Rover North America, LLC has not performed its obligations under the settlement. D...

Excerpt: ... that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the property in question, within five years before the commencement of the action.” (CCP § 318.) Plaintiff argues the applicable statute of limitations is three years under CCP § 338(d) for “[a]n action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, ...

Excerpt: ... all necessary jurisdictional criteria are met.” (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1232-1233.) Consent Plaintiff Civic Financial Services, LLC argues Collins consented to personal jurisdiction in California. He did not. “[A] party can consent to personal jurisdiction, when it would not otherwise be available.” (Global Packaging, Inc. v. Superior Court (2011) 196 Cal.App.4th 1623, 1629 (Global Packagi...

Excerpt: ...137.) Walsh has never resided in California and was last in California 17 years ago. (Walsh Decl., ¶ 5.) She has never owned property in California. (Id., ¶ 6.) Except for online activities that happen to be accessible here, she has never done business in California. (Id., ¶ 7.) Plaintiff Judi Lynn Fox's opposition uses the term “general jurisdiction,” but plaintiff's substantive argument concerns specific jurisdiction based on “sufficie...

Excerpt: ... LP; and The Medallion Inc. The first amended complaint fails to state sufficient facts to constitute conversion. “The basic elements of [conversion] are (1) the plaintiff's ownership or right to possession of personal property; (2) the defendant's disposition of the property in a manner that is inconsistent with the plaintiff's property rights; and (3) resulting damages.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th...

Excerpt: ... in time to defend the action and a default or default judgment has been entered against him or her in the action,” the defendant may move to set aside the default or default judgment. (§ 473.5, sub. (a).) “Upon a finding by the court that the motion was [timely] and that [defendant's] lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect, it may set aside the default or d...

Excerpt: ...re for resolving arbitration fee disputes in elder abuse cases. “[T]he trial court must estimate the anticipated cost of the arbitration proceeding…, and then determine whether [plaintiff is] financially able to pay.” (Roldan v. Callahan & Blaine (2013) 219 Cal.App.4th 87, 96.) If not, the court “must issue an order specifying that [defendant] has the option of either paying that plaintiff's share of the arbitration cost or waiving its ri...

Excerpt: ...ons, LLC (Drago). Evidentiary Objections Drago makes 11 objections to the declaration of Terry Karges. All 11 objections are overruled. Drago makes 23 objections to the declaration of Eitan Ginsburg. Objection Nos. 6, 9, and 11 are sustained. Objection Nos. 1-5, 7, 8, 10, and 12-23 are overruled. Drago makes six objections to the declaration of Franjo Dolenac. Objection Nos. 1, 2, 5, and 6 are sustained. Objection Nos. 3 and 4 are overruled. Pete...

Excerpt: ...the properties' boundary. And on July 20, 2020, the court issued a preliminary injunction requiring defendants to move their air conditioning and pool equipment to the area at the south side of their property. This order shall address two applications relating to the court's preliminary injunctions. The first is plaintiffs' application for an order to show cause (OSC) re contempt for defendants' failure to comply with the 2020 preliminary injunct...

Excerpt: ..., Ex. C, ¶¶ 1.a-b.) The agreement provides for a stipulated judgment of $125,000 if defendants default. (Id., Ex. B, ¶ 1.d., Ex. C, ¶ 1.d.) Defendants defaulted after paying $84,999. (Moghaddami Decl., ¶¶ 8, 10.) A judgment of $125,000 against defendants may be void as an unenforceable penalty. A provision for liquidated damages upon default in a settlement agreement is void as an unenforceable penalty when it is disproportionate to the ant...

Excerpt: ...ed the fact with intent to defraud plaintiff; (4) plaintiff must have been unaware of the fact and would have acted otherwise if he had known of the concealed fact; and (5) the omission caused damages. (Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248.) A cause of action for fraud requires specifically pleading each element. (Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4th 1356, 1384 (...

Excerpt: ...CCP § 1281.) The law favors enforcement of valid arbitration agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) Plaintiff Kamran Broukhim opposes the motion on the grounds that the arbitration clause does not apply to his claims and the agreement did not adequately inform him he was waiving his right to a jury trial. Scope of Agreement The agreement's arbitration provision applies to plaintiff's clai...

Excerpt: ...alifornia (2003) 31 Cal.4th 1187, 1195.) The issue of prejudice “is critical in waiver determinations.” (Id. at p. 1203.) “Because merely participating in litigation, by itself, does not result in a waiver, courts will not find prejudice where the party opposing arbitration shows only that it incurred court costs and legal expenses.” (Ibid.) Plaintiff fails to meet her burden of establishing waiver. Plaintiff filed the complaint on June 2...