Excerpt: ... 1281.2.) The moving party can meet the “initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement purportedly bearing the opposing party's signature.” (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1060 (Espejo).) For this initial burden, “‘it is not necessary to follow the normal procedures of document authentication.' [Citation.]” (Id. at p. 1058.) Only aft...

Excerpt: ...ents Limited (Haresh parties) move to dismiss plaintiff Shashikant Jogani's operative complaint for delay in prosecution. A. Applicable Time Limit The time limit for a plaintiff to bring an action to trial is governed by a chapter in the Code of Civil Procedure, section 583.110 et seq.[1] Plaintiff contends the applicable statute in this chapter is section 583.320. The Haresh parties contend it is 583.350. The court finds plaintiff is correct. Se...

Excerpt: ...erminating, or monetary sanctions. (CCP § 2030.300(e).) On July 28, 2021, the court ordered plaintiff to provide further responses to form interrogatory – general No. 8.7 and to special interrogatory No. 25 and to pay $2,765 in monetary sanctions. Plaintiff disobeyed that order. He has not paid the monetary sanctions. (Kossoff Decl., ¶¶ 15-17.) Plaintiff served supplemental responses but did not verify them under oath. (Ibid.) “Unsworn res...

Excerpt: ...t make the subpoenas overbroad. Addressing a similar argument, the Court of Appeal in SCC Acquisitions, Inc. v. Superior Court (2015) 243 Cal.App.4th 741, 757, held: “The definitions included with the requests for production, though lengthy, do not make the requests overbroad, and do not turn them into blanket or generalized demands. The definition of ‘DOCUMENT,' for example, does not broaden the scope of the requests, but provides particular...

Excerpt: ...a) for violation of the Davis- Stirling Common Interest Development Act. Plaintiff argues there are no triable issues of fact as to whether Ladera violated Civil Code sections: (1) 4805, (2) 5655, (3) 5705, (4) 5720, and (5) 5710. Courts grant summary adjudication where there are no triable issues of fact and the moving party shows that a cause of action must be decided in its favor as a matter of law. (CCP § 437c(f)(1); Villa v. McFerren (1995)...

Excerpt: ...s a matter of law or where the facts alleged fail to constitute oppression, fraud, or malice. (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 164; see Civ. Code, § 3294(a).) “ ‘Malice' means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.” (Civ. Code, § 3294(c)(1).) The comp...

Excerpt: ...ent Claims Act The first amended complaint fails to allege sufficient facts to constitute a cause of action against defendant County of Los Angeles. The Government Claims Act “establishes certain conditions precedent to the filing of a lawsuit against a public entity.” (State of California v. Superior Court (2004) 32 Cal.4th 1234, 1237.) “[A] plaintiff must allege facts demonstrating or excusing compliance with the claim presentation requir...

Excerpt: ...hin 15 days after the date of service of the notice of entry of judgment.” (Cal. Rules of Court, rule 3.1700(a)(1).) Defendants served notice of entry of judgment on November 10, 2021. Fifteen days later fell on November 25—Thanksgiving Day. The day after Thanksgiving, November 26, was also a holiday. (CCP § 135.) “If the last day for the performance of any act provided or required by law to be performed within a specified period of time i...

Excerpt: ... “defendant.” Evidentiary Objections Plaintiffs make two objections to the Declaration of Soheyl Tahsildoost. Both are overruled. Existence of Agreement Plaintiffs argue defendant failed to meet its burden of proving the existence of an agreement because they did not properly authenticate it. A party moving to compel arbitration must establish the existence of a written arbitration agreement between the parties. (CCP § 1281.2.) The moving pa...

Excerpt: ...nt, or the receipt of any employment-related benefit, require any applicant for employment or any employee to waive any right, forum, or procedure for a violation of” FEHA or the Labor Code, including the right to file a civil action in court. But subdivision (f) provides, “Nothing in this section is intended to invalidate a written arbitration agreement that is otherwise enforceable under the Federal Arbitration Act (9 U.S.C. Sec. 1 et seq.)...

Excerpt: ...bdivision (a)(3) and sixth cause of action for fraudulent inducement in plaintiff Gonzalo Ponce Martinez's first amended complaint. I. Third Cause of Action for Violation of Civil Code § 1793.2(a)(3) Plaintiff's third cause of action is based on the Song-Beverly Consumer Warranty Act., Civil Code section 1790 et seq. (the Act). Under the Act, manufacturers of vehicles must “[m]ake available to authorized service and repair facilities sufficien...

Excerpt: ...h cause of action for negligent misrepresentation, and the 12th cause of action for “fraud – promise made without intent to perform.” After the Wolfe parties demurred, the court consolidated case Nos. 20STCV32017 and 21GDCV00232. Steinberg Law's complaint in No. 21GDCV00232 was deemed the cross-complaint to Wolfe's complaint in No. 20STCV32017. 10th Cause of Action: Intentional Misrepresentation Steinberg Law fails to allege sufficient fact...

Excerpt: ...(FAC). SUMMARY OF FACTS ALLEGED IN FAC “Plaintiff is a customer of Verizon and has a dedicated Verizon wireless phone number as a member of family plan contract provided by Verizon. . . . The primary account holder of this Verizon family plan, Bin Dai, has also assigned all rights, causes of action, and claims he may have against Verizon to Plaintiff.” (FAC, ¶ 19.) “Verizon knew that Plaintiff owned a phone with Verizon wireless service be...

Excerpt: ...pel further responses when “[a] representation of inability to comply is inadequate, incomplete, or evasive.” (CCP § 2031.310(a)(2).) CCP § 2031.230 provides, “A representation of inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inabili...

Excerpt: ... agreement may agree to delegate to the arbitrator, instead of a court, questions regarding the enforceability of the agreement. [Citation.] They ‘can agree to arbitrate almost any dispute—even a dispute over whether the underlying dispute is subject to arbitration.' [Citation.]” (Tiri v. Lucky Chances, Inc. (2014) 226 Cal.App.4th 231, 241 (Tiri.)) Plaintiff argues, “[W]hen a party alleges that an arbitration agreement is unconscionable, ...

Excerpt: ...amended cross-complaint (FACC) of TFCF Holdings LLC (FSLA), TFCF Latin American Channel LLC (FLAC), and Fox Sports Mexico Distribution LLC (FSMD). Santos also moves to strike portions of the first amended cross-complaint. REQUEST FOR JUDICIAL NOTICE Cross-defendant requests judicial notice of five exhibits. The request for judicial notice is denied as to exhibits one through four and granted as to exhibit five. DEMURRER Santos demurs to one of tw...

Excerpt: ...first amended complaint (FAC) alleges the following causes of action against defendants Arable, AC, Moss Adams LLP, and Kamaldeep Dhaliwal: # Cause of Action Against 1 Breach of Contract AC 2 Tortious Interference with Contract (California Law) Arable, Dhaliwal 3 Conspiracy to Tortiously Interfere with Contract Arable, Dhaliwal 4 Aiding and Abetting Tortious Interference with Contract Dhaliwal, Moss Adams 5 Tortious Interference with Contract (Wa...

Excerpt: ...ant cannot reasonably respond.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695.) The complaint must sufficiently apprise defendants of the claims against them. (Ibid.) In addition, California Rules of Court, rule 2.112(4) requires that each cause of action must specifically state “[t]he party or parties to whom it is directed (e.g., ‘against defendant Smith').” Failure to properly identify the defendants t...

Excerpt: ... moving party will ultimately prevail on the merits and (2) the relative interim harm to the parties from issuance or nonissuance of the injunction.” (Butt v. State of California (1992) 4 Cal.4th 668, 677–678 (Butt).) The second factor concerns “the comparative consequences of the issuance and nonissuance of the injunction” before trial. (Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 442 (Common Cause).) “The trial court's ...

Excerpt: ...ack of personal jurisdiction. Powermax is a company organized in the People's Republic of China and maintains its principal place of business in Jiangmen City, Guangdong, China. (Tsui Decl., ¶ 5.) CCP § 418.10(a)(1) provides that a defendant (including a cross-defendant) may move “[t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” “When a nonresident defendant challenges personal jurisdictio...

Excerpt: ... the SUBJECT VEHICLE to YOU for repair. (For purposes of this request, the term “IDENTIFYING” seeks documents establishing the name of the complaining PERSON, the complaints made by such PERSON(S), the names of any lawyers involved as well as case names, court numbers, and locations and whether such repurchase was voluntary or pursuant to a court order.) 14: All DOCUMENTS evidencing, relating, or referring to complaints by owners of the 2020 ...

Excerpt: ...verdict in favor of plaintiff and against defendant in the amount of $16,266.38, and the court entered judgment in favor of plaintiff in that amount. Defendant Kia now moves for a new trial. I. Statutory Basis for Defendant's Motion Code of Civil Procedure section 657[1] sets forth seven grounds for a motion for new trial. In its notice of intention to move for new trial, defendant stated it was moving for a new trial on two grounds, namely exces...

Excerpt: ...tempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) Defendant argues plaintiff failed to meet and confer after receiving the latest supplemental responses on December 8, 2021. (Fitzpatrick Decl., Exs. C- D.) Plaintiff's meet and confer efforts were sufficient. Plaintiff had already met and conferred about each issue presented in the motions. (Flynn Decl., ¶¶ 8-9, 13-18, Exs. 6, 8-10.) After defendant ser...

Excerpt: ...ursuant to the terms of the settlement.” The parties' stipulation re: settlement provides that defendant International Private Label, Inc. agreed to make 18 monthly payments of $9,444.45 for a total of $170,000. (Katz Decl., Ex. A, ¶ 1.a.) It also provides: The Stipulation further provides: b. Entry of Judgment. If SANSOM fails to receive any payment within five days of the due date, SANSOM will retain the right to immediately enter a judgemen...

Excerpt: ...tionary costs, which “shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (CCP § 1033.5(c)(2).) “Items not mentioned in this section and items assessed upon application may be allowed or denied in the court's discretion.” (CCP § 1033.5(c)(4).) A “verified memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to ...