Excerpt: ...ising out of: (i) the relationship between the Parties prior to the execution of this Agreement; (ii) the Bylaws and Resolutions for High Ten Partners, Inc.; and/or (iii) any other agreements by and between Seller, Buyer and/or Company.” (2nd Am. Cross-Comp., Ex. A, p. 2, ¶ 6.) On demurrer, this release does not apply because the second amended cross- complaint alleges Fu fraudulently induced the PSA. Persson v. Smart Inventions, Inc. (2005) 1...

Excerpt: ...) The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense on the merits. (c) The court may impose conditions on the granting of the motion that are just, including, but not limited to, the following: (1) An order...

Excerpt: ...he initial complaint on the same ground. The first amended complaint has only minimal changes from the initial complaint. The relevant amendments are: · Plaintiff's publicly published charge description master sets forth a “menu” of prices and is posted on the Office of Statewide Health Planning and Development's website (FAC, ¶¶ 11, 15, 31); · Several patients were treated through plaintiff's emergency department (FAC, ¶ 12); · Plainti...

Excerpt: ... qualified regarding five categories concerning electronically stored information. They also move to compel production pursuant to the three accompanying requests for production of documents, which ask for documents about defendant's document retention policies and its training materials for Guidewire InsuranceNow software. Defendant argues these categories are overbroad because they concern electronic systems in general but have nothing to do wi...

Excerpt: ... for a preliminary injunction “enjoining Defendant from removing” plaintiff from his “home” located at 2500 Glendower Avenue, Los Angeles, California 90027 (the property). (Motion, 2:3-4.) BACKGROUND FACTS Plaintiff claims that in January 2019, he began living in the property with its then-owner Robert Mintz. Mintz was an elderly man. Plaintiff claims he agreed to serve as Mintz's caretaker. He also claims that in January 2019, he entered...

Excerpt: ...luding that the request is unduly burdensome and overbroad and seeks documents not relevant or proportional to the needs of the case. (Heerde Decl., Ex. C.) The request is overbroad in that it could reveal users reporting content (i.e., videos) that do not involve defendant Kendra Rowe. Plaintiffs allege interference by defendant Kendra Rowe in that she improperly obstructed their ability to use videos of her. It is not reasonably calculated to l...

Excerpt: ...ts have been served with the summons and complaint. Accordingly, at this time, the court does not have personal jurisdiction over the defendants and cannot grant an injunction against them. Plaintiff's motion also fails on the merits for two reasons. First, it is moot. Plaintiff seeks to prevent something scheduled to happen over two months ago on August 24. It is too late to do that. Second, plaintiff has insufficient evidence to justify a tempo...

Excerpt: ...siness entity, form unknown” for: 1. Race Discrimination 2. Age Discrimination 3. Retaliation Pacific Advisors hired plaintiff on 1/1/19 as a financial service representative. He alleges defendant discriminated against him in various ways. MOVING PARTY POSITION Plaintiff wants leave to file a second amended complaint. OPPOSING PARTY POSITION None. REPLY POSITION None. DISCUSSION This one requires a timeline: 8/4/21: Plaintiff attempted to file ...

Excerpt: ...ursuant to Civil Code section 1798.93; and (2) negligence. Plaintiff stipulated to dismiss the first cause of action. (Opp., p. 2, fn. 1.) SUMMARY OF FACTS ALLEGED IN COMPLAINT “Plaintiff owns a cellphone with wireless service provided by Verizon.” (Complaint, ¶ 21.) In 2019 or 2020, an unknown person used a “SIM swap” to steal plaintiff's personal identification information. (¶ 37.) A SIM (subscriber identity module) card is “an inte...

Excerpt: ... was the attorney for Cohen in an allegedly frivolous lawsuit against Golden State Seafood. Schloss and Cohen sued Golden State Seafood under the Unruh Civil Rights Act because a delivery driver briefly parked in a handicapped parking space. MOVING PARTY POSITION Defendant Schloss moves to bifurcate the trial under CCP §§ 597 and 598. The affirmative defenses about collateral estoppel, res judicata, and unclean hands should be tried first. Thes...

Excerpt: ...sanctions (x3 for each defendant) BACKGROUND December 18, 2020: Plaintiff Bruce Beretta filed a Complaint against defendants Urban Commons, LLC; Taylor Woods; Howard Wu; and Does 1-20 for: 1) Breach of Contract 2) Breach of Guaranty 3) Money Had and Received 4) Account Stated Plaintiff loaned $2 million to Urban Commons via a Promissory Note on January 2, 2020. Defendants Woods and Wu each signed a personal guaranty. The Note initially matured on...

Excerpt: ...pulated judgment in Home Expo Financial's unlawful detainer action against Donnie Muldrow (4th Am. Comp., Ex. B) collaterally estops him from making any claim based on wrongful foreclosure. An unlawful detainer judgment can serve as res judicata or collateral estoppel to future “quiet title suits founded upon allegations of irregularity in a trustee's sale.” (Vella v. Hudgins (1977) 20 Cal.3d 251, 256.) The stipulated judgment here does not c...

Excerpt: ...: (1) The necessity and the reasons for the discovery. (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier. (3) Any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial ...

Excerpt: ... party then fails to obey the order compelling a response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction… . In lieu of or in addition to this sanction, the court may impose a monetary sanction.” On May 27, 2021, the court granted plaintiff's motions to compel defendants Vinco Builders and JFC International Inc. to respond to requests for production...

Excerpt: ...: Was the EMPLOYEE involved in a TERMINATION? If so: (a) state all reasons for the EMPLOYEE'S TERMINATION; (b) state the name, ADDRESS, and telephone number of each PERSON who participated in the TERMINATION decision; (c) state the name, ADDRESS, and telephone number of each PERSON who provided any information relied upon in the TERMINATION decision; and (d) identify all DOCUMENTS relied upon in the TERMINATION decision. No. 201.3 asks: Were ther...

Excerpt: ... when “it merely duplicates” other causes of action. (Shoemaker v. Myers (1990) 52 Cal.3d 1, 24.) Plaintiff's second cause of action merely duplicates the first cause of action for disability discrimination. Although perceived disability is a different factual allegation than actual disability, it gives rise to the same cause of action for disability discrimination under Government Code § 12940(a). Several provisions in the Government Code a...

Excerpt: ...n of Gov. Code Section 12940 based upon race, ancestry, national origin, disability, age, etc.” 3. “Harassment, Discrimination and Retaliation in Violation of Gov. Code Section 12940.” 4. “Failure to Take Reasonable Steps to Prevent Harassment and Discrimination” 5. “Discrimination, Harassment, and Retaliation, in Violation of Public Policy” 6. “Failure to Make Reasonable Accommodation” The first amended complaint's only allegat...

Excerpt: ...t D. BENI-SS-008901 E. …8856 F. 8881 G. 8827 H. 8750 I. 8727 J. 8767 K. 7908 (Schein Decl., ¶¶ 10-20.) A court can only seal records if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (...

Excerpt: ...e liberally construed. Doubts as to whether an arbitration clause applies to a particular dispute are to be resolved in favor of sending the parties to arbitration. The court should order them to arbitrate unless it is clear that the arbitration clause cannot be interpreted to cover the dispute.” (Bigler v. Harker School (2013) 213 Cal.App.4th 727, 738, internal quotes and citations omitted.) Plaintiff opposes on two grounds: (1) defendant did ...

Excerpt: ... March 25, 2021, the court entered judgment against petitioner Bill Sandlin and for respondents Neal Kelley and Molly McLaughlin and real parties in interest Frank McGill, Jaci Woods, and Ed Pope for $131.36 in trial court costs, $3,051.09 in appellate costs, and $289,983.75 in attorney fees under Code of Civil Procedure sections 425.16 and 1021.5. The real parties and respondents assigned their interest in the judgment to attorney Kenneth Agran,...

Excerpt: ... 2021, New Icon served a subpoena for business records on non-party accounting firm RSM US LLP (RSM). (Slome Decl., Ex. 2.) It demands: A copy of all DOCUMENTS comprising the underlying accounting books, records, general ledgers, journals and registers relied upon or used by RSM US LLP in preparing the Form 1065 (U.S. Return of Partnership Income) for M Rhino Holdings, LLC for the years 2016, 2017, 2018, and 2019 (but specifically excluding copie...

Excerpt: ...e Bank, the request was not signed under penalty of perjury. The court took judicial notice of the documents on February 11, 2021. In connection with its demurrer to plaintiff's second amended complaint (SAC), Chase Bank asks the court to take judicial notice of the same eight documents. The purpose of judicial notice is to accept “the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof...

Excerpt: ...lowing defects: 1. Service of Summons Plaintiff failed to provide adequate proof of service of summons on either defendant. “[C]compliance with the statutes governing service of process is essential to establish [a] court's personal jurisdiction over a defendant.” (Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1160.) The proofs of service for both defendants show personal service on March 18, 2021 on “Manager for Beverly Hills Postal Place, And...

Excerpt: ...of the Rosenthal Fair Debt Collection Practices Act (RFDCPA). Defendant Moore moves for summary judgment or summary adjudication of each cause of action. Summary judgment 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) ...

Excerpt: ...d defendant Keyes European, LLC. The law favors enforcement of valid arbitration agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) “In light of California's strong public policy in favor of arbitration, broad contractual provisions for arbitration are to be liberally construed. Doubts as to whether an arbitration clause applies to a particular dispute are to be resolved in favor of sending the part...