Excerpt: ...5) 35 Cal.App.4th 733, 741.) Courts use a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue.” (Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) Sixth Cause of Action for Fraud Defendant does not meet its initial burden of ne...

Excerpt: ...s such a dispute, plaintiff cannot be compelled to arbitration. Defendants argue the EFAA does not apply because the law is not retroactive, and plaintiff's cause of action for harassment accrued before it was enacted. The court agrees the EFAA “does not apply retroactively.” (Murrey v. Superior Court (2023) 87 Cal.App.5th 1223, 1230 (Murrey).) Instead, the law applies “with respect to any dispute or claim that arises or accrues on or after...

Excerpt: ...l arbitration.” (CCP § 1281.97(a)(1).) If the drafting party does not timely pay, the employee may “[w]ithdraw the claim from arbitration and proceed in” court. (CCP § 1281.97(a)(2).) “[T]he Legislature intended courts to apply the statute's payment deadline strictly.” (Espinoza v. Superior Court (2022) 83 Cal.App.5th 761, 771.) “[T]he triggering event is nothing more than nonpayment of fees within the 30-day period—the statute sp...

Excerpt: ...another action, Jennifer Medvin v. Dignity Health, et al., No. 20STCV07382. Plaintiff requests judicial notice of two other documents from that action: (1) notice of settlement and (2) request for dismissal of the entire action. All three documents are court records whose existence and legal effects are subject to judicial notice under Evidence Code § 452(d). (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120.) All three re...

Excerpt: ...tion 1102.5. Both require that defendants employed plaintiffs. (Miklosy v. Regents of University of California (2008) 44 Cal.4th 876, 901 [a “cause of action for wrongful termination in violation of public policy lies only against an employer”]; Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703, 709 [“section 1102.5 prohibits an employer from retaliating against an employee”].) Defendants argue plaintiffs have not alleged s...

Excerpt: ...he declaration of Michael D. Chang and six objections to the declaration of Heather N. Blackinton. All objections are overruled. Service on LLCs Judgment creditor shows adequate proof of service on the four LLCs. “A lien on a judgment debtor's interest in a partnership or limited liability company is created by service of a notice of motion for a charging order on the judgment debtor and on either of the following: [¶] (2) All members or the l...

Excerpt: ...or law are claimed to be shown.” (Ibid.) The moving party must also show diligence and explain why he or she could not have presented the new or different facts or law earlier. (California Correctional Peace Officers Assn. v. Virga (2010) 181 Cal.App.4th 30, 46; Baldwin v. Home Sav. of America (1997) 59 Cal.App.4th 1192, 1200.) Plaintiff does not meet this standard. All of plaintiff's arguments and the new or different facts, circumstances, or ...

Excerpt: ...sues 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) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue.” (Hinesley v. Oakshade Tow...

Excerpt: ...FCF Holdings LLC, fka FSLA Holdings LLC (FSLA) move for summary judgment or, in the alternative, summary adjudication on the causes of action asserted by plaintiff and cross-defendant Santos Laguna, S.A. de C.V. (Santos) in its First Amended Complaint. Santos moves for summary adjudication of the sole remaining cause of action in FSLA's Cross-Complaint, its first cause of action for breach of contract. I. Legal Standard The court may grant summar...

Excerpt: ...ejudice on January 4, 2023. Plaintiff therefore cannot obtain judgment against Sharma. Unknown Defendants Plaintiff's second amended complaint names as defendants all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to plaintiff's title under Code of Civil Procedure section 762.060(a). Those defendants have “the same rights as are provided by law in cases...

Excerpt: ...to produce responsive documents, and to attend a second session of his deposition. This motion is procedurally defective. As defendant acknowledges, discovery is closed. (Motion, pp. 12-13.) “[A]ny party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.” (CCP § ...

Excerpt: ...ts for judicial notice are granted. Demurrer Defendants Marc A. Collins, Azim Khanmohamed, and Collins & Khan LLP demur to the second and third causes of action alleged in the second amended complaint by plaintiffs Marshall Knoll and Reni Knoll, as an individual and in his capacity as trustee of the Hawkland Living Trust. 2nd Cause of Action: Extortionate Threats Plaintiffs do not allege sufficient facts for this cause of action. Civil extortion ...

Excerpt: ...17, Koplowitz filed a motion to quash service of summons and vacate her default. The court first heard the motion on December 6, 2017. The court's minute order notes process server Henrik Agasyan testified and was “ordered to return on” January 5, 2018. On January 5, 2018, Agasyan testified again. The court denied Koplowitz's motion. Koplowitz moved for reconsideration of that order and to vacate her default. On March 19, 2018, the court hear...

Excerpt: ...rising from the noise produced by defendants' air conditioning (AC) and pool equipment. The court ordered defendants to move all their AC and pool equipment to the area on the south side of their property—away from plaintiffs' property to the north. Defendants now seek an order dissolving the injunction or modifying it to permit them to relocate their two AC condensers to the roof of their property. A court may modify or dissolve a preliminary ...

Excerpt: ...cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.” Rather than disclosing an actual violation of law, “the employee must show only that he or she reasonably believed that there was a violation of a statute, rule, or regulation.” (Nejadian v. County of Los Angeles (2019) 40 Cal.App.5th 703, 719 [contrasting subdivisio...

Excerpt: ...de § 452(d). (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120.) Defendant also requests judicial notice of “The State Bar of California's listing of licensed attorneys (calbar.ca.gov) which shows neither Janice Deutsch or Duff Shidaker are licensed to practice law in the State of California.” That fact is subject to judicial notice as an official act of the judicial department and a fact not reasonably subject to disp...

Excerpt: ...n essential testimony, documents, or other material evidence despite diligent efforts” indicates good cause. (Rule 3.1332(c)(6).) Plaintiff shows good cause to continue the trial by 90 days. Plaintiff has shown an excused inability to obtain essential testimony or other evidence despite diligent efforts. Plaintiff's deposition of defendant Chong H. Park shows plaintiff could not obtain essential evidence despite diligent efforts. After Chong H....

Excerpt: ...omplaint. (2) Set forth the facts on which the plaintiff seeks to recover. (3) Describe the premises with reasonable certainty. (4) If the action is based on paragraph (2) of Section 1161, state the amount of rent in default. (5) State specifically the method used to serve the defendant with the notice or notices of termination upon which the complaint is based.” The complaint meets all five requirements. First, it includes a verification and t...

Excerpt: ...rty as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” (CCP § 128.5(a).) “ ‘Actions or tactics' ” include, but are not limited to, the making or opposing of motions or the filing and service of a complaint, cross-complaint, answer, or other responsive pleading.” (Id., subd. (b)(1).) “ ‘Frivolous' means totally and completely without merit or for the sole purpose ...

Excerpt: ... are sustained. Objection Nos. 1 and 2.a, 2.b, 2.e, and 2.g-2.n are overruled. Lifting Stay On August 22, 2022, the court issued an order finding this civil action related to the unlawful detainer action and staying the unlawful detainer action. The court ordered the stay is subject to the following conditions: “(1) David Abbasi must pay defendant Jerry Davidson his monthly mortgage costs; (2) David Abbasi must pay Jerry Davidson all taxes on t...

Excerpt: ...misrepresentation, (3) concealment, and (4) negligent concealment. The fifth cause of action alleges comparative indemnity. Cross-defendants' demurrer does not directly address the elements of any of these causes of action. The demurrer argues that the first amended cross-complaint's claims all arise from the complaint by plaintiff Arcadia Ramos against defendant/cross-complainant Salvador for various wage and hour violations under the Domestic W...

Excerpt: ...he complaint is part of the court's file in this action. Defendants' request for judicial notice is denied. Plaintiff requests judicial notice of 26 facts or exhibits labeled A through Z. Assuming any of those facts or documents may be subject to judicial notice under Evidence Code section 452, they are not relevant or necessary to the court's analysis. (See Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn....

Excerpt: ...er, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (CCP § 473(b).) “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.) Defendants present sufficient evidence that their defaults and the default judgment...

Excerpt: ...uction, set one. When a party fails to timely respond to interrogatories or demands for inspection, the requesting party may move for an order compelling responses. (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [demands for inspection].) Failure to timely respond waives any objections. (CCP §§ 2030.290(a); 2031.300(a).) Defendant served form interrogatories – general, set one and request for production, set one by mail to plaintiff on ...

Excerpt: ...f it “is so incomprehensible that a defendant cannot reasonably respond.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695.) A complaint must sufficiently apprise defendants of the claims against them. (Ibid.) Plaintiff's second amended complaint is not uncertain. It clearly and concisely alleges the basis for defendant's liability. Plaintiff alleges she had surgery at Cedars- Sinai in 1995. (SAC, ¶ 5.) “Duri...

Excerpt: ...hich the opposing party has relied on the absence of a list of expert witnesses. (b) The court has determined that any party opposing the motion will not be prejudiced in maintaining that party's action or defense on the merits. (c) The court has determined that the moving party did all of the following: (1) Failed to submit the information as the result of mistake, inadvertence, surprise, or excusable neglect. (2) Sought leave to submit the info...

Excerpt: ...ing Act (FEHA) based on disability, including the portions of the first and second causes of action for discrimination and harassment, the ninth cause of action for failure to provide reasonable accommodation, and the 10th cause of action for failure to engage in the interactive process. A party may move to “[s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of th...

Excerpt: ...ll confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceedings.” (CCP § 1286.) Evidentiary Objections Koplowitz makes 14 objections to the declaration of Robert Shtofman in support of Sunset's petition to vacate the arbitration award. Objection Nos. 1, 3, and 7-14 are sustained. Objection Nos...

Excerpt: ...se discovery disputes. These disputes carried on for months. Plaintiff's counsel made numerous attempts to meet and confer over that time. In the circumstances, these efforts were sufficient. Requests for Admission Plaintiff Dana Moon moves to compel defendant Chong H. Park to serve further responses to requests for admission Nos. 8, 10, 22, 23, 24, 36, 37, 41, 42, 43, 66, 80, 84, 97, 103, and 105. A party requesting admissions may move to compel...

Excerpt: ...ation any matter relevant to the leave requested, including, but not limited to, the following: (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 wil...

Excerpt: ...antively identical to a general demurrer—after the time to demur has expired. (CCP § 438(f)(2); Korchemny v. Piterman (2021) 68 Cal.App.5th 1032, 1054-1055 [defendant may move for judgment on the pleadings under § 438 or under common law].) Overruling the demurrer because it is late would thus serve no useful purpose. The court will treat Aaron Green's demurrer as a motion for judgment on the pleadings. 2nd Cause of Action for Fraud Against A...

Excerpt: ...not meet and confer with defendant Farmers Group, Inc. as required before moving to compel the deposition of its person(s) most qualified. A motion to compel deposition under Code of Civil Procedure section 2025.450, subdivision (a) “shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described i...

Excerpt: ...greement. Equitable Estoppel Defendants rely on the doctrine of equitable estoppel and the opinion in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 (Felisilda). “[A] nonsignatory defendant may invoke an arbitration clause to compel a signatory plaintiff to arbitrate its claims when the causes of action against the nonsignatory are intimately founded in and intertwined with the underlying contract obligations.” (Id. at p. 495.) After defen...

Excerpt: ...l case other than a juvenile case is entitled to costs on appeal.” Rule 8.278(a)(2) provides, “The prevailing party is the respondent if the Court of Appeal … dismisses the appeal.” On April 10, 2022, plaintiff appealed the judgment. On January 5, 2023, the Court of Appeal dismissed the appeal. The Court of Appeal issued a remittitur on March 9, 2023. Medicali Holdings Inc. and Charles Weinberger were the respondents. Because the Court of...

Excerpt: ...his provision, courts may strike a pleading that is not signed. (Vaccaro v. Kaiman (1998) 63 Cal.App.4th 761, 768.) “Every pleading shall be subscribed by the party or his or her attorney.” (CCP § 446(a).) “An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.” (CCP § 128.7(a).) “[A]n unsigned complaint is an irregularity, rather than a ...

Excerpt: .... Salem's complaint alleges Chronicpractor breached a commercial lease in 2020. (Comp., p. PLD-C-001, ¶ BC-2.) Cross-defendant argues Salem lacks standing because he no longer owned the property in 2020. Cross- defendant requests judicial notice of a grant deed transferring the property to Salem Commercial Investments, LLC in 2017. (RJN, Ex. 3.) Lack of standing may be a defense for Chronicpractor against plaintiff's complaint. And if Chronicpra...

Excerpt: ...Someone with an easement cannot state a cause of action for trespass against the servient property's owner unless the easement constitutes “an exclusive possessory right in that property.” (Id. at p. 1174.) Plaintiffs and defendant own neighboring properties. Pursuant to a recorded property instrument between the parties' predecessors, plaintiffs have an easement over part of defendant's property. Only if the easement is exclusive can they br...

Excerpt: ...s may strike allegations related to punitive damages where the facts alleged cannot support recovery of punitive damages under Civil Code section 3294. (Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 64.) Conclusory allegations are not enough. (Smith v. Superior Court (1992) 10 Cal.App.4th 1033, 1042.) Plaintiff alleges sufficient facts to constitute malice. “ ‘Malice' means conduct which is intended by the def...

Excerpt: ...he two entity defendants, Synergy Traffic and American Traffic (and not Kenneth R. Jones), demur to the first cause of action on the grounds that they did not enter the alleged contract. The court addresses this cause of action below because the same reasoning applies to the entity defendants' arguments on all three causes of action. 2nd Cause of Action for Promissory Fraud Plaintiff alleges sufficient facts for promissory fraud. Fraud generally ...

Excerpt: ...ting sanctions. (CCP §§ 2030.290(c) [interrogatories], 2031.300(c) [requests for production].) Plaintiff Maria Delgado disobeyed the court's order compelling discovery responses. On March 8, 2023, the court ordered her to serve verified responses to defendant's form interrogatories and requests for production of documents within 30 days. The court also ordered plaintiff to pay $2,542.20 in monetary sanctions within 30 days. Defendant served not...

Excerpt: ...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 favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Defendants Paul Sandweiss and Christian Schrader argue the a...

Excerpt: ...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 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 13...

Excerpt: ...ief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grou...

Excerpt: ... totaling is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff¿Tufeld¿Corporation (“Plaintiff”¿or “Tufeld”)¿is the owner and landlord of property consisting of a city lot located at 973-77 Wilshire Blvd., Beverly Hills, California (“Property”).¿Defendant Beverly Hills Gateway LP (“Defendant”¿or “BHG”)¿is the current tenant on the Property pursuant to a¿ground lease (“Ground Lease”) which was execut...

Excerpt: ...endant has made a threshold showing that the challenged cause of action is one arising from protected activity.” (Navellier v. Sletten (2002) 29 Cal.4th 82, 88 (Navellier).) The defendant must show “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 prob...

Excerpt: ...itation.] Moreover, a court will normally reject any claims that the chosen forum is unfair or inconvenient.” (Richtek USA, Inc. v. uPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 661.) “A forum selection clause is valid in the absence of the resisting party meeting a heavy burden of proving enforcement of the clause would be unreasonable under the circumstances of the case.” (Bancomer, S. A. v. Superior Court (1996) 44 Cal.App.4th 1450...

Excerpt: ...division provides, “If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.” The statute's plain language does not permit a party to make such a motion. Instead, a party's motion to reconsider an order granted by the court must abide by the restrictions of Code of Civil Procedure section 1008(a), including that th...

Excerpt: ...% of whatever moneys Plaintiff will save Yoav in lawsuits in Israel” (¶ 29, Ex. 2 [written in Hebrew]); (2) “the foundational agreement” in October 2012, under which Yoav agreed to “pay Plaintiff $2.5 million for his work in Los Angeles” (¶ 12, Ex. 4); (3) a settlement agreement executed on March 31, 2015, under which Yoav agreed to pay plaintiff $1.5 million by September 30, 2015 (¶ 20, Ex. 12). The complaint alleges Yoav Botach did...

Excerpt: ...nadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310(a).) Meet and Confer GM argues plaintiff failed to meet and confer in good faith as required before filing this motion. The court finds plaintiff made a sufficient effort to informally resolve these disputes. Though plaintiff's letters did not separately address each request for production, plaintiff adequately addressed...

Excerpt: ...e ground of waiver bears a heavy burden [citation], and any doubts regarding a waiver allegation should be resolved in favor of arbitration.” (St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4th 1187, 1195 (St. Agnes).) The California Supreme Court has held 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,...

Excerpt: ...y Depose Jacob Emrani Plaintiff The Law Offices of Jacob Emrani, APC argues defendant cannot depose Jacob Emrani, the individual, because he is not a party to this action. “The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify.” (CCP § 2025.280(a).) Plaintiff does not dispute that Jaco...

Excerpt: ...greement. Plaintiff argues the Code of Civil Procedure governs discovery in any arbitration proceeding. Defendant argues the JAMS Rules should apply. (Yuzna Decl., ¶¶ 4, 6, Ex. A.) The current dispute over the discovery provision does not pertain to whether the parties agreed to arbitrate disputes. “Contract formation is governed by objective manifestations, not the subjective intent of any individual involved. The test is what the outward ma...

Excerpt: ...In an action for recovery of damages suffered as a result of childhood sexual assault” (CCP § 340.1(a)), section 340.1 requires filing “certificates of merit” by plaintiff's counsel and a licensed mental health practitioner (id., subds. (g-h)). The certificates of merit by plaintiff's counsel Michael A. Amaro state he reviewed the facts of the case, consulted with a mental health practitioner, and concluded there is reasonable and meritori...

Excerpt: ... vacate any (1) resulting default entered by the clerk against his or her client.” (CCP § 473(b).) Timeliness Plaintiff Virginia Hazarian argues defendant's motion is untimely. A motion to set aside default based on an attorney's affidavit of fault must be “made no more than six months after entry of judgment.” (CCP § 473(b).) Defendant filed this motion more than six months after the clerk entered its default on September 29, 2022. But n...

Excerpt: ... plaintiff People's Pizza LLC. Defendants argue the complaint only alleges facts regarding plaintiff Kenji Morinaga, “the chief executive of People's Pizza,” rather than People's Pizza LLC itself. (Comp., ¶ 7.) In general, the law recognizes “separation between an individual and a business entity.” (Curci Investments, LLC v. Baldwin (2017) 14 Cal.App.5th 214, 221.) As defendants argue, that an LLC's sole member has a cause of action does...

Excerpt: ...urt may impose such sanctions against a party who disobeys a court order compelling further responses to requests for production (CCP § 2031.310(i)) or an order compelling inspection or production of documents (CCP § 2031.320(c)). Court Orders Plaintiff contends defendant violated two related court orders. On June 29, 2016, the court granted plaintiff's motion to compel defendant Dignity Health to further respond to requests for production. (Ma...

Excerpt: ...abeled “request to enter default judgments for good cause against defendants T.L. Beach Ltd.; Greendot Limited; Four Star Development; Flower Funding; North Star Holdings; Rafael A. Alburto Soza; Javier Padilla; Randal Fox; and Dorothy R. Brown Smith.” Defendant North Star Holdings Plaintiff's request to enter default judgments purports to include a stipulation with defendant North Star Holdings to set aside a deed of trust in lieu of service...

Excerpt: ... to defendants' evidence. All 10 objections are overruled. Defendants make five objections to plaintiff's evidence. All five objections are overruled. Legal Standard 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 ple...

Excerpt: ... Leonardo Ramirez-Alvarez, Keila Daniela Ramirez-Alvarez, and Dasha Sadash Ramirez. 4th Cause of Action: Business & Professions Code § 17200 Plaintiffs allege sufficient facts for this cause of action. Defendants argue plaintiffs have not shown that any wrongful conduct is defendants' “regular practice.” (Demurrer, p. 7.) Business and Professions Code section 17200, however, “covers single acts of misconduct.” ( Klein v. Earth Elements, ...

Excerpt: ...s and rates: Timekee er Barry (rate 1) Barry (rate 2) Barry (rate 3) Quinn (rate 1) Quinn (rate 2) Galaviz (rate 1) Galaviz (rate 2) Hayes (rate 1) Hayes (rate 2) Norris Pascal (rate 1) Pascal (rate 2) Kim (rate 1) Rate Hours $525 $600 $625 $500 $550 $425 $515 $400 $450 $425 $300 $350 $250 8.5 16.1 5 2.8 0.3 11.4 0.3 5.5 0.3 6.4 9 0.3 69.5 Billed 4,462.50 9,660.00 3,125.00 1,400.00 165.00 4,845.00 154.50 2,200.00 135.00 2,720.00 2,700.00 105.00 1...

Excerpt: ...e following attorney fees and expenses: Timekeeper Rate Hours Billed Kaufman Mandel Flansburg Masri Subtotal Multiplier Other Costs Total $595 $395 $210 $150 1.5 69.9 17.1 1.8 0.5 s 41,590.50 6,754.50 378.00 75.00 48,798.00 73,197.00 2,147.38 75,344.38 Hourly Rates Attorney Joseph Kaufinan bills $595 hourly. Attorney Jacqueline Mandel bills $395 hourly. Defendant Nissan North America, Inc. argues the court should reduce their rates to $400 and $2...

Excerpt: ...rsity internal administrative remedies before filing suit in superior court for retaliatory termination under _ _ Labor Code section 1102_5_" (Campbell v. Regents of University ofCa/ifornia (2005) 35 Cal_4th 3 1 1, 317 The University of California's whistleblower protection policy requires employees to "file their complaints with a Sworn Statement within 12 months of the actions believed to be retaliatory." (RJN, Ex_ B, p. 1.) UCLA procedure 620 ...

Excerpt: ...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) identihr the issues framed by the pleadings, (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence ofa triable, material factual issue." (Hinesley v. Oakshade Town Center (2005) 135 calApp_4th 289, 294) P...

Excerpt: ...s to requests for production or interrogatories, "[i]f a party then fails to obey" the order, "the court may make those orders that are just, including" imposing monetary, issue, evidence, or terminating sanctions. (CCP [interrogatories], 2031 _300(c) [requests for production] _ ) Defendant Eldridge disobeyed two orders compelling discovery responses. On January 10, 2023 the court ordered Eldridge to respond to form interrogatories, set one, with...

Excerpt: ...o any alleged cause of action, we examine the factual allegations of the complaint, 'to determine whether they state a cause of action on any available legal theory.' " (Adelman v. Associated Intern. Ins. Co. (2001) 90 Cal App_4th 352, 359.) Moreover, gross negligence is not truly a cause of action, as the demurrer ackrlowledges_ (Cin of Santa Barbara v. Superior Court (2007) 41 Cal 4th 747, 779—780 (Santa Barbara) ["We do not view our holding ...

Excerpt: ...ismissal is entered." (CCP 1032(a)(4)_) On March 17, 2023, plaintiff requested dismissal of the entire action. Defendant is therefore the prevailing party entitled to recover costs (CCP 1032(b)_) Defendant is also the prevailing party under the relevant attorney fee statute. Plaintiffs fifth cause of action alleged defendant violated Business and Professions Code section 7108_5_ "In any action for the collection of funds wrongfully withheld, the ...

Excerpt: ...e depositions of Diego Lemer, Guillermo Tabanera, and Kenneth Neuman. Santos also moves to reopen discovery "if necessary to do so." Reopening discovery IS necessary _ Fact discovery closed at the latest on March 27, 2023, thirty days after the initial trial date. (Code Civ. Proc_, 2024_020, subd_ (a)_) On January 20, 2023, pursuant to the parties' joint motion, the coult continued the trial to September 13, 2023. In their joint motion, the parti...

Excerpt: ...1 matters of examination. (Mendoza Decl_, Ex. 6.) Except for matter Nos_ 27 and 28, defendant made valid objections to the notice of deposition. Matter Nos. 1 and 2 ask about the vehicle's service and warranty history and about the applicable warranties. Defendant agreed to produce a witness to testify about GM's understanding of the vehicle's service, maintenance, and repair history under the warranty and abut the terms of the vehicle's warranty...

Excerpt: ...t the information discloses a violation of state or federal statute, or a violation Ofor noncompliance with a local, state, or federal rule or regulation." Plaintiff fails to allege sufficient facts for this cause of action because he does not allege he disclosed something he reasonably believed violated a state or federal statute, rule, or regulation. "[A]n employee need not prove an actual violation of law; it suffices if the employer fired him...

Excerpt: ...dical Center v. PacifiCare of California (2003) 31 Cal_4th 1187, 1195 (St. Agnes)_) It is not settled whether waiving the right to arbitrate requires prejudice to the opposing party. (Davis v. Shiekh Shoes, LLC (2022) 84 956, 966, fil_ 5 (Davis); see also Desert Regional Medical Center, Inc. v. Miller (2022) 87 Cal_App_5th 295, 322.) As Davis notes, the question is pending before the California Supreme Court in Quach v. California Commerce Club, ...

Excerpt: ...s regarding the subject property The documents were recorded by the Los Angeles County Recorder's Office. Their existence, facial contents, and legal effects are subject to judicial notice under Evidence Code 452(c) and (h). (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal 4th 919, 924, fn. 1, Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 calApp_4th 1106, 1116-1117.) Defendants' 14 requests for judicial notice are grante...

Excerpt: ...ch was refused in whole or part, or granted conditionally or on terns, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown." (CCP 1008(b)_) This is a renewed motion. Defendant moved to t...

Excerpt: ...monetary sanction." (CCP S 2030.300(e) [interrogatories]; S 2031.310(i) [requests for production].) Meet and Confer Plaintiff argues defendant did not adequately meet and confer before filing these motions. The record shows otherwise. On March 3, 2023, defendant sent plaintiffs counsel a detailed meet and confer letter. (Mounedji Decl., 7, Ex. C.) Plaintiffs counsel replied he was "happy to discuss over the phone your concerns in your letter. Ple...

Excerpt: ...nd determine, as between the parties, all conflicting claims to the property in controversy, and to decree to each such interest or estate therein as he [or she] may be entitled to ' " (Deutsche Bank National Trust Co. v. Pyle (2017) 13 CalApp_5th 513, 524.) Quiet title concerns "adverse claims to the title of the plaintiff against which a determination is sought." (CCP 761 _020(c)_) The second amended cross-complaint alleges no adverse or compet...

Excerpt: ...) ) "'Prevailing party' includes a defendant in whose favor a dismissal is entered." (CCP 1032(a) ) Plaintiff requested dismissal of defendant Salle Johnson. That dismissal was entered on February 15, 2023. Johnson is therefore a prevailing party entitled to recover her costs. Johnson claims only two costs: the $435 first appearance fee for her demurer and the $71.19 fee for electronic filing Those costs are allowed. (CCP 1033_5(a)(1) ["Filing, m...

Excerpt: ...308, 1315 (E-Fab) ) "[T]he 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." (ld. at p. 1316.) The court must determine which statute of limitations applies and when the claim accrued. (Ibid.) Generally, an action to enforce a mechanic's lien must be filed "within 90 days after recordation of the claim of lien." (Civ. Code, 8460(a)_) But "if ...

Excerpt: ...ant Paramount Plaza, LLC (Paramount) to requests for production Nos. 153, 154, 157, 161, and 162. (Plaintiffs reply states the parties resolved their disputes over other requests.) Because Paramount served supplemental responses, the motion is moot as to the substance of its responses. The court declines to rule on the merits of the supplemental responses to requests Nos_ 153, 154, 157, 161, and 162. Plaintiff also did not make an adequate attemp...

Excerpt: ...cause of his or her membership in a protected class. (Gov Code, 12940(i)(1)_) "The law prohibiting harassment IS violated when the workplace is permeated with discriminatory intimidation, ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment." (Nazir v. United Airlines, Inc. (2009) 178 CalApp_4th 243, 263, internal quotes and alterations omitted.) ...

Excerpt: ...bly in good faith and fair dealing through negotiation. If unresolved, any claim or dispute, whether in contract, tort, statute, Labor Code, employment law or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute) between both parties or their employees, agents, successors or assigns, which arises out of or is related to this contract or any resulting transaction or relation...

Excerpt: ...h prays for punitive damages. A party may move to strike a "demand for judgment requesting reliefnotsupported bythe allegations of the complaint." (CCP S 431.100(3).) Courts may strike allegations related to punitive damages where the facts alleged "do not rise to the level of malice, oppression or fraud necessa$ to recover punitive damages under Civil Code section 3294. (Turman v. Turning Point ofCentral California, Inc. (2010) 191 Cal.App.4th 5...

Excerpt: ...udicial notice are granted. Demurrer Defendants Marc A. Collins, Azim Khanmohamed, and Collins & Khan LLP demur to all three causes of action alleged in the first amended complaint by plaintiffs Marshall Knoll and Reni Knoll_ 1. Professional Negligence Plaintiffs do not allege sufficient facts for professional negligence or legal malpractice Its "elements are (1) the duty of the attorney to use such skill, prudence, and diligence as members of hi...

Excerpt: ...mmons on her. Courts may "set aside any void judgment or order." (CCP 473(d)_) Here, the judgment is at most voidable—not void. " [J]udgments which on their face or on the judgment roll affirmatively disclose their invalidity' are void judgments and those which do not show the invalidity on their face as voidable judgments." (OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 13 18, 1332 ) "Generally, defendants have six months from...

Excerpt: ...estoppel and the opinion in Felisilda v. FCA US LLC (2020) 53 CalApp_5th 486 (Felisüda)_ "[A] nonsignatory defendant may invoke an arbitration clause to compel a signatory plaintiff to arbitrate its claims when the causes of action against the nonslgnatory are intimately founded in and intertwined with the underlying contract obligations." (ld. at p. 495_) After defendant filed this motion, the Second District Court of Appeal issued an opimon di...

Excerpt: ...of action for interference with easement, the second cause of action for negligence, the fourth cause of action for nuisance, and the seventh cause of action for declaratory relief solely on the grounds that "no valid easement exists." (Demurrer, p. 6.) The claims for negligence and nuisance do not depend on the validity of the disputed easement. Plaintiffs allege sufficient facts for interference with easement and for declaratory relief. Defenda...

Excerpt: ...t contradicts the allegation that defendants did not pay the money they agreed to pay plaintiff. "Facts appearing in attached exhibits control over contradictory factual allegations in operative complaint" (Kalnoki v. First American Trustee Servicing Solutions, LLC (2017) 8 Cal.App.5th 23, 39.) Defendants' argument relies on a fundamental misinterpretation (or mischaracterization) of the deed of trust attached as exhibit 1 to the complaint. The c...

Excerpt: ...t contradicts the allegation that defendants did not pay the money they agreed to pay plaintiff. "Facts appearing in attached exhibits control over contradictory factual allegations in operative complaint" (Kalnoki v. First American Trustee Servicing Solutions, LLC (2017) 8 Cal.App.5th 23, 39.) Defendants' argument relies on a fundamental misinterpretation (or mischaracterization) of the deed of trust attached as exhibit 1 to the complaint. The c...

Excerpt: ...n Defendant does not dispute that he did not comply with the notice of his deposition. He instead argues plaintiff improperly demanded to conduct the deposition in person rather than remotely. Defendant argues he has the right to testify remotely at deposition under Code of Civil Procedure section 2025.310 or California Rules of Court, rule 3.1010. Both provisions, however, give the deposing party (or that party's attorney) the right to be at the...

Excerpt: ...tes a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer.” (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38.) The complaint alleges sufficient facts to constitute a cause of action under at least one legal theory: the Unruh Civil Rights Act. “All persons within the jurisdiction of this state are free and equa...

Excerpt: ...otice under Evidence Code § 452(d). (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120.) Defendant also requests judicial notice of, “The State Bar of California's listing of licensed attorneys (calbar.ca.gov) which shows neither Janice Deutsch or Duff Shidaker are licensed to practice law in the State of California.” That fact is subject to judicial notice as an official act of the judicial department and a fact not re...

Excerpt: ...a supplemental demand to inspect, copy, test, or sample any later acquired or discovered documents, tangible things, land or other property, or electronically stored information in the possession, custody, or control of the party on whom the demand is made.” (CCP § 2031.050(a).) When the responding party fails to timely respond to requests for production, the requesting party may move for an order compelling responses. (CCP § 2031.300(b).) Fa...

Excerpt: ...uested, including, but not limited to, the following: (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 ...

Excerpt: ...tion, and waives its right to compel arbitration under Section 1281.2.” (CCP § 1281.97(a)(1).) If the drafting party does not timely pay, the employee may “[w]ithdraw the claim from arbitration and proceed in” court. (CCP § 1281.97(a)(2).) “[T]he Legislature intended courts to apply the statute's payment deadline strictly.” (Espinoza v. Superior Court (2022) 83 Cal.App.5th 761, 771 (Espinoza).) “[T]he triggering event is nothing mor...

Excerpt: ...ne for an “order precluding defendant from relitigating issues that have been adjudicated against it in the workers' compensation appeals board.” The proposed order states the court would be granting plaintiff's motion for an order “collaterally estopping and precluding Defendant Massive Prints, Inc. from relitigating and/or challenging issues and facts that have been adjudicated against it in the Workers' Compensation Appeals Board.” Suc...

Excerpt: ...esponses to requests for production Nos. 1-3 and 11, to requests for admission Nos. 1-33, and to special interrogatories Nos. 1-11. These three motions are untimely. “Unless notice of this motion is given within 45 days of the service” of the response, the moving “party waives any right to compel a further response.” (CCP § 2030.300(c) [interrogatories]; § 2031.310(c) [requests for production]; § 2033.290(c) [requests for admission].) ...

Excerpt: ...etermine they are the prevailing parties and strike the other parties' memorandum of costs. “[A] prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (CCP § 1032(b).) “ ‘Prevailing party' includes the party with a net monetary recovery” and “a defendant as against those plaintiffs who do not recover any relief against that defendant. If any party recovers other than monetary relief and in s...

Excerpt: ...he statute [of limitations] bars the action.” (E-Fab, Inc. v. Accountants, Inc. Services (2007) 153 Cal.App.4th 1308, 1315.) “[T]he 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.” (Id. at p. 1316.) On demurrer, the court must determine: (1) which statute of limitations applies; and (2) when the claim accrued. (Ibid.) Fraud has a three...

Excerpt: ...me. Sealing The court finds good cause to seal the certificates of merit The general rules for sealing records "do not apply to records that are required to be kept confidential by law." (Cal. Rules of Court, rule 2_550(a)(2)_) Code of Civil Procedure section 340.1 provides that the court must review the certificates of merit (subd_ (i)) and certificate of corroborative fact (subd_ (n)) in camera. (See also Cal. Rules of Court, rule 2.585 ) The c...

Excerpt: ... months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting, to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was no...

Excerpt: ...ntiffs first cause of action for negligence, second cause of action for "violation of statutes," and third cause of action for negligent hiring fail due to sovereign immunity. "[A]ll government tort liability must be based on statute." (County ofSan Bernardino v. Superior Court (2022) 77 Cal.App.5th 1100, 1107.) " '[Slovereign immunity is the rule in California; governmental liability is limited to exceptions specifically set forth by statute.'" ...

Excerpt: ...der defendant to participate in alternative dispute resolution. Discovery Orders Substantively, the order plaintiffs seek requiring defendant to produce missing documents constitutes an order to compel compliance with a statement of compliance in response to requests for production. (CCP 2031_320_) Demanding that defendant provide contact information for witnesses is also an attempt to get an order for something plaintiffs should have obtained vi...