Excerpt: ...ction is overruled. Defendants make 43 objections to the declaration of Donald Okada. Objection Nos. 2, 3, and 30-32 are sustained. Objection Nos. 1, 4-29, and 33-43 are overruled. Defendants make 19 objections to the declaration of Brandon Rosenberg. All 19 objections are overruled. Defendants make 13 objections to the declaration of Maria Ajhar Thompson. All 13 objections are sustained. Defendants make 18 objections to the declaration of Jeff V...

Excerpt: ...y damages (FAC, prayer ¶¶ 1-4, 7). This cause of action does not permit monetary damages. Government Code section 11135(a) prohibits discrimination based on race or other protected bases in “any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state.” Sections 11137 and 11139 provide remedies available for a vi...

Excerpt: ...t.” (Code Civ. Proc., § 431.10, subd. (b)(3).) “[T]o obtain injunctive relief the plaintiff must ordinarily show that the defendant's wrongful acts threaten to cause irreparable injuries, ones that cannot be adequately compensated in damages.” (Intel Corp. v. Hamidi (2003) 30 Cal.4th 1342, 1352.) Courts may enjoin disclosure of confidential information. (See, e.g., Angelica Textile Services, Inc. v. Park (2013) 220 Cal.App.4th 495, 505-507...

Excerpt: ... 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 calendar, or result in prejudice to any...

Excerpt: ...ecords pursuant to Code of Civil Procedure section 2020.430(a)(2) and Evidence Code section 1561. Authority for Motion to Compel Compliance Code of Civil Procedure section 1987.1(a) provides, “If a subpoena requires the attendance of a witness or the production of” records, the court “may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, inc...

Excerpt: ... LLC (2015) 235 Cal.App.4th 165, 185.) “Procedural unconscionability focuses on the elements of oppression and surprise.” (Id. at p. 177.) “Substantive unconscionability focuses on the actual terms of the agreement and evaluates whether they create overly harsh or one-sided results. (Ibid., internal quotes omitted.) “Generally, the burden is on the party opposing arbitration to show an arbitration agreement is unconscionable.” (Saheli v...

Excerpt: ...gent and employee Winter served as the property owners' listing agent. (Comp., ¶¶ 4, 9.) The property's listing on a real estate website “described the Property as having a ‘gourmet kitchen [] fully quipped with Viking appliances,' ‘[a] flat entertainer's yard', and a ‘luxurious ensuite bathroom,' among other things. It listed a dishwasher, dryer, range, oven, refrigerator and washer as included appliances.” (¶ 8.) When plaintiffs to...

Excerpt: ...ney fees: “All costs, expenses and expenditures including, without limitation, the complete legal costs incurred by enforcing this Agreement as a result of any default by the Borrower, will be added to the principal then outstanding and will immediately be paid by the Borrower.” (Comp., Ex. 1, ¶ 6.) Plaintiff incurred these attorney fees as legal costs to enforce the loan agreement. Plaintiff therefore may recover attorney fees pursuant to t...

Excerpt: ...endant/cross-complainant Shara Koplowitz is the prevailing party for two reasons. First, the arbitrator already decided Koplowitz is the prevailing party. Plaintiff 7219-7225 West Sunset LLC's argument that it prevailed constitutes an improper collateral attack on the arbitration award and on this court's order confirming the award. In the arbitration proceeding, plaintiff moved for attorney fees. The arbitrator denied both motions. (Shtofman Dec...

Excerpt: ...usable 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.) Mistake or Excusable Neglect ABM's default resulted from its mistake, inadvertence, or excusable neglect. Plaintiff served the summons on ABM via its registered agent for service of process,...

Excerpt: ...legal cause” of childhood sexual assault under section 340.1, subdivisions (a)(2) and (a)(3). Doe relies on authority holding that section 340.1 requires actual or constructive knowledge of past sexual abuse, rather than knowledge of current sexual abuse. (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549 (Doe); Santillan v. Roman Catholic Bishop of Fresno (2012) 202 Cal.App.4th 708, 733 (Santillan); Deutsch v. Masonic Homes of California, ...

Excerpt: ... agreed to buy the condominium for $110,000 and pay off or refinance two loans secured by the property. (¶¶ 20, 25.) Plaintiff estimates the condominium was worth $480,000. (¶ 26.) Plaintiff alleges defendants never “paid off the Small Loan” (Comp., ¶ 31), never “refinanced the Major Loan” (¶ 32), and never “made any monthly payments on the Major Loan” (¶ 33). Plaintiff further alleges defendants knowingly promised to pay off or...

Excerpt: ...The court will sign the proposed orders on Judicial Council form MC-053. The orders will be effective upon filing proof of service of the signed orders on defendants Thomas Kim and Global Lien Services. Plaintiffs Young Sook Kim and Boo Kon Kim's Motion for Attorney Fees Plaintiffs/cross-defendants Young Sook Kim and Boo Kon Kim move for attorney fees from defendants/cross-complainants Thomas Kim and Global Lien Services. A prevailing party may o...

Excerpt: ...k Decl., Ex. 2.) Defendant Mercedes-Benz USA, LLC does not contest these costs. Attorney Fees: Hourly Rate Plaintiff seeks to recover fees based on attorney Susan A. Yeck's hourly rate of $650. For hourly rates, “the trial court is in the best position to value the services rendered by the attorneys.” (569 East County Boulevard LLC v. Backcountry Against the Dump, Inc. (2016) 6 Cal.App.5th 426, 436.) Courts may rely on their “own knowledge ...

Excerpt: ...ments as exhibit C to his complaint. CRD's notice of filing the administrative complaint, including the attached copy of the complaint, is an official act of the executive branch of the State of California. Its existence and legal effects are subject to judicial notice under Evidence Code section 452, subdivision (c). The court does not take judicial notice of the truth of the document's contents. (See Ragland v. U.S. Bank National Assn. (2012) 2...

Excerpt: ...the plaintiff and a third party; (2) the defendant's knowledge of that contract; (3) the defendant's intentional acts designed to induce a breach or disruption of the contractual relationship; (4) actual breach or disruption of the contractual relationship; and (5) resulting damage.' ” (Ixchel Pharma, LLC v. Biogen, Inc. (2020) 9 Cal.5th 1130, 1141.) “An essential element of a contract interference claim is proof that the defendant's conduct ...

Excerpt: ..., set two. When the responding party fails to timely respond to interrogatories, the propounding party may move for an order compelling responses. (CCP § 2030.290(b).) Failing to timely respond waives any objections. (CCP § 2030.290(a).) Salvador is entitled to an order compelling cross-defendants to respond to form interrogatories – general, set two. Salvador served the interrogatories on each cross-defendant on August 9, 2023. (Armstrong De...

Excerpt: ...sed these causes of action before the deadline to oppose the demurrer. Fourth Cause of Action for Trespass Plaintiff alleges sufficient facts for this cause of action against Crescenta. Crescenta demurs on the basis that it owns or has an easement over the portion of the property where it allegedly trespassed. “Trespass is an invasion of the plaintiff's interest in the exclusive possession of land.” (McBride v. Smith (2018) 18 Cal.App.5th 116...

Excerpt: ...on, pp. 1-2.) Civil Code 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 … shall be entitled to reasonable attorney's fees in addition to other costs.” Civil Code secti...

Excerpt: ...property instruments subject to judicial notice of their existence and legal effects. (See Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924, fn. 1 .) The court grants defendant's requests for judicial notice of exhibits 1-6. Plaintiff requests judicial notice of six documents. (Exs. 62-67.) These documents are complaints and cross-complaints against Easy Financial, LLC in other actions. These exhibits are not relevant or necessary...

Excerpt: ...Section 2030.230 is unwarranted or the required specification of those documents is inadequate,” or “[a]n objection to an interrogatory is without merit or too general.” (CCP § 2030.300(a).) Defendant made meritless objections to special interrogatory No. 41. The interrogatory requests the “full name, address, telephone number, and date of hire, for the first three Personal Trainers that were hired at” the gym where plaintiff worked. D...

Excerpt: ...ving to compel arbitration must establish the existence of a written arbitration agreement between the parties. (CCP § 1281.2.) It 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.) Only after the opposing party “challenge[s] the validit...

Excerpt: ...�� “[a]n exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate,” or “[a]n objection to an interrogatory is without merit or too general.” (CCP § 2030.300(a).) This motion is moot as to special interrogatories Nos. 29-31. FCA US LLC served supplemental responses to Nos. 29-31 after plaintiffs filed the motion. (Vawter Decl., ¶ 10, Ex. 4, pp. 3-4.) ...

Excerpt: ...annot reasonably respond.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695, internal quotes and alterations omitted.) The complaint must sufficiently apprise defendants of the claims against them. (Ibid.) Anthem argues the complaint is uncertain because it lacks specific allegations about Anthem and instead refers to the plural “defendants.” Though the complaint makes some allegations about “defendants,” ...

Excerpt: ...operly pleaded facts as true, but a demurrer does not admit the plaintiff's contentions nor conclusions of law or fact.” (Czajkowski v. Haskell & White, LLP (2012) 208 Cal.App.4th 166, 173.) Courts “will not close their eyes to situations where a complaint contains allegations of fact inconsistent with attached documents, or allegations contrary to facts which are judicially noticed.” (Del E. Webb Corp. v. Structural Materials Co. (1981) 12...

Excerpt: ...cts” of government entities (Evid. Code, § 452, subd. (c)), including recorded property instruments (see Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924, fn. 1), and court records (Evid. Code, § 452, subd. (d)(1)). The court takes judicial notice of the existence of the documents and their legal effects but not the truth of their contents or statements of fact. (See Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, fn. 7; G...

Excerpt: ...2, subd. (c)), including recorded property instruments (see Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924, fn. 1), and court records (Evid. Code, § 452, subd. (d)(1)). The court takes judicial notice of the existence of the documents and their legal effects but not the truth of their contents or statements of fact. (See Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, fn. 7; Gilmore v. Superior Court (1991) 230 Cal.App.3d 4...

Excerpt: ...ff's first through eighth causes of action fail because plaintiff seeks to recover compensation for work as an unlicensed contractor under the Contractors State License Law. “[N]o person engaged in the business or acting in the capacity of a contractor, may bring or maintain any action … for the collection of compensation for the performance of any act or contract where a license is required by this chapter without alleging that they were a d...

Excerpt: ... judgment pursuant to the terms of the settlement.” (CCP § 664.6(a).) Code of Civil Procedure Section 664.6 Plaintiff meets the requirements of Code of Civil Procedure section 664.6. The parties stipulated in writing to settle this action. They signed a settlement agreement in February 2023. (Liberzon Decl., ¶ 4, Ex. 1.) The agreement required defendant to pay plaintiff $105,000 “[w]ithin 180 days of December 1, 2022.” (Id., § 1(a).) The...

Excerpt: ...existence of its statutory liability must be pleaded with particularity.' ” (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795.) Plaintiff's complaint relies almost entirely on conclusory allegations. She alleges, “Commencing in or about May, 2021, Plaintiff began experiencing serious, severe and pervasive harassment and discrimination based on her sex, gender and age.” (¶ 22.) Those are legal conclusions. She alleges no...

Excerpt: ...tions where the facts alleged “do not rise to the level of malice, oppression or fraud necessary” to recover punitive damages under Civil Code section 3294. (Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 64.) “[A]bsent an intent to injure the plaintiff, ‘malice' requires more than a ‘willful and conscious' disregard of the plaintiffs' interests. The additional component of ‘despicable conduct' must be ...

Excerpt: ...right to compel 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).) Section 1281.97 does not apply because the parties' arbitration agreement adopts the procedural rules of the Federal Arbitration Act (FAA). “[T]he parties may limit the trial court's authority to stay or deny arbitration under the CAA by adop...

Excerpt: ...party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material breach.” (CCP § 1281.98(a)(1).) If the drafting party does not timely pay, the employee may “[w]ithdraw the claim from arbitration and proceed in” court. (CCP § 1281.98(b)(1).) “[T]he Legislature intended courts to apply the statut...

Excerpt: ... plaintiff's evidence. All eight 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 pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) de...

Excerpt: ... rule 3.1300(d).) Plaintiff filed an opposition only four court days before the hearing, thereby depriving defendant of an opportunity to reply. Plaintiff also submitted a second amended complaint five court days before this hearing. She had no right to do so under Code of Civil Procedure section 472(a). However, permitting the second amended complaint would serve the interests of justice and judicial economy. Considering the merits of defendant'...

Excerpt: ...ndant's Person Most Knowledgeable witness(es) renders Honda's attempt to ‘meet and confer' with Plaintiff meaningless.” (Opps., p. 3.) That is not a failure to meet and confer. “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) Whether defendant cooperated with plaintiff's discovery requests...

Excerpt: ...ir answers are identical. Plaintiff demurs to four purported affirmative defenses alleged in each answer. Rather than denying the plaintiff's allegations, affirmative defenses assert new allegations that would defeat the plaintiff's claims. (CCP § 431.30(b); FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 383-385.) Affirmative defenses must not be pled as “terse legal conclusions,” but “rather … as facts averred as carefull...

Excerpt: ...��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 favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County...

Excerpt: ...n Agreement Does Not Apply to Mildred Reed's Cause of Action for Wrongful Death Plaintiff Mildred Reed brings a cause of action for wrongful death against defendant. Though decedent Raymond C. Reed signed the arbitration agreement (Natoli Decl., Ex. B), Mildred Reed dd not sign it and is not bound by it. “As a general rule, a party cannot be compelled to arbitrate a dispute that he or she has not agreed to resolve by arbitration.” (Daniels v....

Excerpt: ...it to a claim for damages, as specified in Section 3294 of the Civil Code.” (CCP § 437c(f)(1).) “A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Ibid.) This subdivision “does not permit summary adjudication of a single item of compensatory damage which does not dispose of an entire cause of action.” (DeCastro West...

Excerpt: ...r of the court.” (CCP § 436(b).) “This provision is commonly invoked to challenge pleadings filed in violation of a deadline, court order, or requirement of prior leave of court.” (Ferraro v. Camarlinghi (2008) 161 Cal.App.4th 509, 528.) The initial cross-complaint was not filed in conformity with a court order. On December 16, 2022, the court granted R&H's motion for leave to file a cross- complaint and ordered R&H to file the cross-compl...

Excerpt: ...owable. “ ‘An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may nevertheless be recoverable in the discretion of the court if “reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (§ 1033.5, subd. (c)(2).)' ” (Sanford v. Rasnick (2016) 246 Cal.App.4th 1121, 1128 (Sanford).) All costs awarded by the court must be reasonable and...

Excerpt: ...tion as to the moving defendants for forum non conveniens.” (Aug. 24, 2023 Minute Order, p. 7.) Courts use a two-step process in applying forum non conveniens. “[A] court must first determine whether the alternate forum is a ‘suitable' place for trial. If it is, the next step is to consider the private interests of the litigants and the interests of the public in retaining the action for trial in California.” (Stangvik v. Shiley Inc. (199...

Excerpt: ... F-150” that “was/is” a “new motor vehicle” under the Song-Beverly Consumer Warranty Act, Civil Code section 1790 et seq. (Song-Beverly Act or Act). (FAC ¶¶ 5, 6.) Although Ayala alleges that she “received written warranties” (FAC ¶ 7), she does not allege from whom she purchased the vehicle. Ayala further alleges that the vehicle had certain defects covered by the warranty and that she presented the vehicle on at least two separ...

Excerpt: ...r than denying the plaintiff's allegations, affirmative defenses assert “new matter constituting a defense” that would defeat the plaintiff's claims. (CCP § 431.30(b)(2); accord FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 383-385.) Affirmative defenses must not be pled as “terse legal conclusions,” but “rather … as facts averred as carefully and with as much detail as the facts which constitute the cause of action a...

Excerpt: ...tion 2025.410.” (CCP § 2025.450(a).) Meet and Confer Plaintiff did not adequately meet and confer before filing this motion as required under Code of Civil Procedure sections 2016.040 and 2025.450(b)(2). “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) Plaintiff's declaration in support of ...

Excerpt: ...h of contract (lease agreement), (2) breach of warranty of habitability, (3) breach of covenant of quiet enjoyment, (4) collection of rent on substandard dwelling, and (6) retaliatory eviction. Defendant Valente demurs on the basis that the complaint does not allege any landlord/tenant relationship between her and plaintiffs. These causes of action are only properly alleged against plaintiffs' landlords. For example, “[t]o prove breach of contr...

Excerpt: ...ms. (CCP § 431.30(b); FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 383-385.) Affirmative defenses must not be pled as “terse legal conclusions,” but “rather … as facts averred as carefully and with as much detail as the facts which constitute the cause of action and are alleged in the complaint.” (In re Quantification Settlement Agreement Cases (2011) 201 Cal.App.4th 758, 812-13, internal quotes and citations omitted.)...

Excerpt: ...ract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) A complaint alleging breach of contract “may plead the legal effect of the contract” and is not required to attach the contract or plead its terms verbatim. (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 18...

Excerpt: ...the notice may move for an order compelling the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.” (CCP § 2025.450(a).) After defendant filed this motion, plaintiff The Law Offices of Jacob Emrani produced the requested documents. Berriz still seeks $3,085 in monetary sanctions against plaintiff. “The court may award sanctions under the Discovery Act in favor o...