Excerpt: ...AA sent an email stating: Please be advised that California law (Code of Civil Procedure section 1284.3(a)) prohibits the Association from administering disputes arising out of employer promulgated plans if the agreement requires that the employee party pay the fees and costs incurred by an opposing party if the employee does not prevail in the arbitration, including, but not limited to, the fees and costs of the arbitrator, provider organization...

Excerpt: ...chising, LLC and ME SPE Franchising, LLC; 2. Motion to compel arbitration as to Jane Doe 2 of defendants Massage Envy Franchising, LLC and ME SPE Franchising, LLC; 3. Demurrer of Massage Envy Franchising, LLC and ME SPE Franchising, LLC to complaint as to Jane Doe 3, Jane Doe 4, and Jane Doe 5; and 4. Demurrer of Intervenor, The Members of Lloyd's Syndicate 1975 as constituted for the 2019 underwriting year of account acting through the Managing ...

Excerpt: ...o Data Sys. v. Intel Corp. (2010) 184 Cal.App.4th 210, 236, disapproved of on other grounds in Kwikset Corp. v. Superior Court (2011) 51 Cal.4th 31.) It “ ‘preempts… common law claims… based on the same nucleus of facts as the as the misappropriation of trade secrets claim.' ” (K.C. Multimedia, Inc. v. Bank of America Technology & Operations, Inc. (2009) 171 Cal.App.4th 939, 955 quoting Digital Envoy, Inc. v. Google, Inc. (N.D.Cal., 200...

Excerpt: ... by omission requires that: (1) defendant omitted, concealed, or suppressed a material fact; (2) defendant had a duty to disclose the fact to plaintiff; (3) defendant intentionally omitted or concealed 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...

Excerpt: ...t al. Cross-Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Plaintiffs/cPlaintiffs/cross-defendants City of Burbank (City) and the People of the State of California, by and through Joseph H. McDougall, City Attorney for the City of Burbank generally demur to the first amended cross-complaint filed by cross-complainants Barfly, Inc. (Barfly), Baret Lepejian, Lucas Lepejian, and Tayla Lepejian. Barfly operates as Tin Horn Flats Saloon & Grill in Burbank. Baret...

Excerpt: ...y generally can meet its initial burden of showing an agreement by submitting a copy of the arbitration agreement signed by the opposing party. (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1060 (Espejo).) Plaintiff argues there is no arbitration agreement for two reasons. First, plaintiff disputes the authenticity of her signature. Once the plaintiff challenges a signature's authenticity, the moving party m...

Excerpt: ...use of action must be decided in its favor as a matter of law. (CCP § 437c(f)(1); Villa v. McFerren (1995) 35 Cal.App.4th 733, 741.) A plaintiff moving for summary adjudication must prove each element of the cause of action. (CCP § 437c(p)(1).) A moving defendant must show “that one or more elements of the cause of action… cannot be established, or that there is a complete defense to the cause of action.” (CCP § 437c(p)(2).) Once the mov...

Excerpt: ...either: (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action. (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property. (b) The court shall order the summons...

Excerpt: ...t of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” “The plain wording of the statute requires the trial court to base the fee award upon actual time expended on the case, as long as such fees are reasonably incurred—both from the standpoint of time spent and the amount char...

Excerpt: ...Asbestos Lawsuit at page 6 of the Court's September 9, 2020 minute order shall be sealed; (2) the references to the Case Number for the Asbestos Lawsuit on the Court's case docket and register of actions shall be sealed; (3) the reference to the Case Number for the Asbestos Lawsuit in any public filing between the time of SHC's filing and this order shall be redacted and sealed; (4) the transcript of Sept. 9, 2020 [shall] be sealed. (Sept. 15, 20...

Excerpt: ...to file a copy of the writ of execution and notice of levy. (CCP § 700.190(b).) The court still has insufficient information to set an order to show cause under CCP § 704.770(a). This time Pore submitted a copy of the notice of levy and writ of execution, which the Sheriff submitted to the Recorder's Office and was recorded on July 20, 2021. (Ex. 2.) What the Sheriff submitted, however, has only blank spaces for how and when the notice of levy ...

Excerpt: ...ting the estoppel must be injured by his reliance.' [Citation.]' ” (Flintco Pacific, Inc. v. TEC Management Consultants, Inc. (2016) 1 Cal.App.5th 727, 734 (Flintco).) Plaintiff alleges sufficient facts to constitute promissory estoppel. Flintco dealt with the same subject as this case: a general contractor's reliance on a subcontractor's bid. There, the Court of Appeal stated: A general contractor may recover damages incurred as a result of it...

Excerpt: ... course of a DFEH investigation' [citation].” (Clark v. Superior Court (2021) 62 Cal.App.5th 289, 301.) First, defendant argues plaintiff's complaint fails against it because he did not identify Pacific Advisors, LLC as a respondent. A plaintiff need not precisely name the defendant's correct legal name in the administrative complaint. Martin v. Fisher (1992) 11 Cal.App.4th 118, 122 stated: The function of an administrative complaint is to prov...

Excerpt: ...ion requires that: (1) defendant omitted, concealed, or suppressed a material fact; (2) defendant had a duty to disclose the fact to plaintiff; (3) defendant intentionally omitted or concealed 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 ...

Excerpt: ...his case, plaintiff Wolfe alleges malpractice against defendant S. Keven Steinberg, doing business as Steinberg Law. Wolfe alleges Steinberg “failed to recognize, bring and prosecute meritorious claims on behalf of Plaintiff.” (FAC, ¶ 7.) In the related case, Steinberg Law alleges numerous causes of action against Wolfe, all based upon allegations that Wolfe did not fully pay for Steinberg's legal services. CCP § 1048(a) provides, “When a...

Excerpt: ... are in Kansas, not California. The first-filed rule in California means that when two courts of the same sovereignty have concurrent jurisdiction, the first to assume jurisdiction over a particular subject matter of a particular controversy takes it exclusively, and the second court should not thereafter assert control over that subject matter. The first-filed rule “was never meant to apply where the two courts involved are not courts of the s...

Excerpt: ...nes “personnel records” to include “[c]omplaints, or investigations of complaints, concerning an event or transaction in which he or she participated, or which he or she perceived, and pertaining to the manner in which he or she performed his or her duties.” Motions for discovery of these records must include “[a]ffidavits showing good cause for the discovery or disclosure sought, setting forth the materiality thereof to the subject mat...

Excerpt: ...; (4) justifiable reliance; and (5) damages. (Ryder v. Lightstorm Entertainment, Inc. (2016) 246 Cal.Ap.4th 1064, 1079.) “Every element of the fraud cause of action must be pleaded specifically, and the policy of liberal construction of the pleadings will not sustain a defective pleading.” (Thrifty Payless, Inc. v. The Americana at Brand, LLC (2013) 218 Cal.App.4th 1230, 1239.) That means the plaintiff must allege “facts which show how, whe...

Excerpt: ...o compel further responses when: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general. Plaintiff is entitled to further responses. All of defendant's responses include boilerplate objections. Defendant does not meet numerous boilerp meritless objections. To each of the disputed requests, defen...

Excerpt: ...s 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.) Defendant Jackson establishes that the default and default judgment against him resulted from his mistake, inadvertence, surprise, or excusable neglect. Plaintiff SWW Investment LLC personally served Jackson on September 15, 2021. He had five days to respond. (CCP § 1167.) On September 16, Jackson ...

Excerpt: ...rtion Foods, LLC (ProPortion or PPF) released its claims; (2) USI and Goldberg did not cause any damages; (3) ProPortion had no contract with USI and Goldberg; and (4) USI and Goldberg did not owe a fiduciary duty to ProPortion. On May 18, the court granted summary adjudication of the fifth cause of action for constructive fraud and denied the remainder of the motion. USI and Goldberg challenged the court's ruling via a petition for writ of manda...

Excerpt: ...ny and am authorized as its agent to make this verification for and on its behalf, and I make this verification for that reason. The matters stated within the above referenced discovery responses are not all within my personal knowledge. I am informed and believe that there is no officer or employee of Ford Motor Company who has personal knowledge of all such matters. I am informed and believe that the information contained in said responses has ...

Excerpt: ...C cannot recover attorney fees against defendant WMCJ2D2, Inc. Plaintiff seeks contractual fees under Civil Code § 1717. Section 1717(a) provides, “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, w...

Excerpt: ...�the cause of action is based on the defendant's protected free speech or petitioning activity.” (Id. at p. 89.) Second, once the defendant establishes the first element, courts “must then determine whether the plaintiff has demonstrated a probability of prevailing on the claim.” (Navellier, 29 Cal.4th at p. 88.) “[T]he plaintiff need only have stated and substantiated a legally sufficient claim.” (Ibid., internal quotations and citatio...

Excerpt: ...is case, Victor Alarcon alleges various causes of action including quiet title against Epyon LLC (and other defendants) regarding commercial real property at 14536 Delano Street in Van Nuys. In case No. 21VEUD00576, Epyon LLC filed an unlawful detainer action against Victor Alarcon for possession to the same property. Both cases hinge on claims against, title to, and possession of the same property. The court finds the cases are related. Case No....