Excerpt: ...any pleading “in furtherance of justice, and on any terms as may be proper.” (Code Civ. Proc., § 473, subd. (a)(1).) “This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters 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 favo...

Excerpt: ... motion.” (Code Civ. Proc., § 2016.040.) This rule aims “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order.” (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1293.) “[T]he law requires that counsel attempt to talk the matter over, compare their views, consult, and deliberate.” (Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) When the parties do not meet this o...

Excerpt: ... that sold the vehicle. 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 parties to ar...

Excerpt: ..., refused to permit her extra breaks to express breastmilk, and disciplined her for taking time off she needed due to her pregnancy. (Comp., ¶¶ 2-4, 15-23.) Plaintiff worked at defendant's McDonald's franchise from May 2018 to December 2019. (Allenza Decl., Ex. C, Szabo Depo., 32:2-14.) In September 2019, she also started working at Little Caesars Pizza. (Allenza Decl., Ex. C, Szabo Depo., 26:6- 18.) After plaintiff's employment with defendant,...

Excerpt: ...sia R. Buckley. All 14 objections are OVERRULED. Multiplier Plaintiff requests a 1.35 multiplier. The court declines to apply a multiplier to the lodestar. Multipliers may be awarded based on factors including “(1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, (4) the contingent nature of the fee ...

Excerpt: ...ief jointly, severally, or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action.” “This requirement that the right to relief arise from the ‘same transaction or series of transactions' has been construed broadly so that joinder of plaintiffs is permitted if there is any factual rel...

Excerpt: ...(2019) 40 Cal.App.5th 140 [40 Cal.App.5th 140, 154.) For the statute of limitations, “the defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows merely that the action may be barred.” (E‐Fab, Inc. v. Accountants, Inc. Services (2007) 153 Cal.App.4th 1308, 1316.) Each cause of action has a statute of limitations of at least two years. (CCP §§ 338(b)-(c) [conversion]; 338(d) [fra...

Excerpt: ...bber Co. v. Seaquist (1991) 235 Cal.App.3d 1, 18.) The information must be “the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” (Civ. Code § 3426.1(d)(2).) In re Providian Credit Card Cases (2002) 96 Cal.App.4th 292, 300–301 (Providian) stated: The courts of this state have traditionally treated the issue of whether information constitutes a trade secret as a question of fact. There may be a number ...

Excerpt: ..., 2021. (Anderson Decl., Ex. E.) This motion was filed on July 16, within the time to answer. Proper Court CCP § 396b(a) provides that when a plaintiff sues in an improper court, the case must be transferred to the proper court. “It is the moving defendant's burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds.” (Mitchell v. Superior Court (1986) 186 Cal.App.3d 1040, 1046.) Plaintiff all...

Excerpt: ... 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; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (...

Excerpt: ...eave depends on whether the proposed crossclaims are compulsory or permissive. Crossclaims are compulsory for any “related cause of action,” meaning any that “arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.” (CCP § 426.10(c) [defining “related cause of action”]; see CCP § 426.30(a) [prohibiting other actions against plaintif...

Excerpt: ...and citations omitted.) “It has long been established that in ruling on a demurrer, the trial court is obligated to look past the form of a pleading to its substance. Erroneous or confusing labels attached by the inept pleader are to be ignored if the complaint pleads facts which would entitle the plaintiff to relief.” (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908; accord Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 13...

Excerpt: ...tion 51(f) incorporates the Americans with Disabilities Act, for which the plaintiff “need not prove intentional discrimination.” (Munson v. Del Taco, Inc. (2009) 46 Cal.4th 661, 665.) Defendant argues the complaint fails under this theory because, without a nexus to a physical location, a website is not a “place of public accommodation” under the ADA. The second theory is for intentional discrimination under Civil Code §§ 51(b) and 52(...

Excerpt: ... the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors.” A determination of good faith “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).) CCP § 877.6(d) provides, “The party asserting the la...

Excerpt: ...ions 1-3, 5-11, 13-16, 18-21, 24, 25, 27, 28, 30, 32-34, 36-41, 46, and 47 are overruled. Summary Judgment or Adjudication Courts grant summary judgment or adjudication where no triable issues of fact exist and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c); Villa v. McFerren (1995) 35 Cal.App.4th 733, 741.) Courts “liberally construe the evidence in support of the party opposing summary judgme...

Excerpt: ..., fka FSLA Holdings LLC (FSLA) to five of the causes of action in plaintiff Santos Laguna, S.A. DE C.V.'s (Santos) complaint. Defendants now demur to three of the eleven causes of action in plaintiff's first amended complaint (FAC) on the ground they fail to state facts sufficient to constitute a cause of action.[1] (Code Civ. Proc., § 430.10, subd. (e).) I. Fourth Cause of Action for Breach of the International Agreement Santos operates men's a...

Excerpt: ...der the Federal Arbitration Act, “any party arguing waiver of arbitration bears a heavy burden of proof. As such, a party seeking to prove waiver of a right to arbitration must demonstrate: (1) knowledge of an existing right to compel arbitration; (2) acts inconsistent with that existing right; and (3) prejudice to the party opposing arbitration resulting from such inconsistent acts.” (Martin v. Yasuda (9th Cir. 2016) 829 F.3d 1118, 1124 (Mar...

Excerpt: ... alleges five causes of action against defendant Regina Sadykova: 1) Electronic impersonation [Penal Code § 528.5] 2) Invasion of privacy 3) False light 4) Appropriation of name or likeness 5) Defamation Plaintiff alleges that on September 14, September 15, and December 23, 2020, defendant posted on Instagram in Russian referring to the parties' divorce proceedings in Russia and accusing plaintiff of bribing judges. (FAC, ¶¶ 10-12.) In Novembe...

Excerpt: ...of the proceeding, including during trial, when no prejudice to the opposing party is shown.” (P&D Consultants, Inc. v. City of Carlsbad (2010) 190 Cal.App.4th 1332, 1345 (P & D).) Courts have discretion to deny leave to amend when (a) the moving party has delayed bringing the proposed amendment; and (b) the delay in seeking leave to amend will cause prejudice to an opposing party. (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490.) Calif...

Excerpt: ...urisdiction' provides that where two (or more) courts possess concurrent subject matter jurisdiction over a cause, the court that first asserts jurisdiction assumes it to the exclusion of all others, thus rendering ‘concurrent' jurisdiction ‘exclusive' with the first court.” (Franklin & Franklin v. 7‐ Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175 (Franklin).) “The rule is based upon the public policies of avoiding ...

Excerpt: ...n in the email accounts of plaintiff Lev Katsenelenson and his wife, Nicole Fu. In its request, defendant seeks to have an outside data-extraction consultant to forensically inspect, copy, and extract electronically stored information in: (1) the email from plaintiff to Crystal O'Brien dated March 20, 2018; and (2) the email from Nicole Fu to plaintiff dated November 12, 2020. (Okelberry Decl., Ex. E.) On December 21, 2020, Plaintiff responded on...

Excerpt: ...a motion to compel the deposition of a party who fails to appear without having served a valid objection. Plaintiff served an objection with two grounds: (1) plaintiff and counsel were unavailable on the date defendant unilaterally selected without a good faith attempt to mutually schedule the date (citing Local Rule 3.A(e)(2)-(3)); and (2) a notice limiting questioning to the arbitration agreement violates Local Rule 3.A.(e)(1). (Harwin Decl., E...

Excerpt: ...Buyer hereby expressly releases, remises, acquits and discharges each other and Company and its successors, parents, subsidiaries, affiliates, assigns as well as each of their respective owners, officers, directors, employees and agents (collectively “Releasees”) from and forever waive and relinquish, any and all claims, counterclaims, rights, set-offs, suits, damages (including, but not limited to, compensatory damages, tort damages, contrac...

Excerpt: ...ons. First, plaintiff failed to include an indispensable party. It is undisputed that Xceed Financial Credit Union has a security interest in the property based on a deed of trust from refinancing the property in 2014. (First Am. Comp., ¶¶ 9-10.) The only dispute is whether that means Xceed must be named as a defendant. Xceed is a necessary party. CCP § 872.510 provides, “The plaintiff shall join as defendants in the [partition] action all p...

Excerpt: ...Herman makes 14 objections to defendants' evidence. The declarations of Allen Todd Justice and Raymond Scott Coffman were both signed under penalty of perjury under the laws of the State of North Carolina in Charlotte, North Carolina. CCP § 2015.5(b) requires that a declaration executed outside of California specify that the declarant certifies under penalty of perjury under the laws of the State of California. The declarations and exhibits they...