Excerpt: ... timely response, the requesting party may move for an order compelling responses. (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [requests for production].) A court must impose monetary sanctions against any party or attorney who unsuccessfully opposes a motion to compel, unless the one subject to the sanction acted with substantial justification or other circumstances would make sanctions unjust. (CCP §§ 2030.300(d) [interrogatories]; 2...

Excerpt: ...ness entity status webpage for LAReggaeclubs.com, LLC. Judicial notice is proper under Evidence Code § 452(h) because both are not reasonably subject to dispute and capable of immediate and accurate determination by resort to the Secretary of State's website. I. Jamaican Gold, LLC Suspended business entities may not prosecute or defend an action. (Cal-Western Business Services, Inc. v. Corning Capital Group (2013) 221 Cal.App.4th 304, 310.) Jama...

Excerpt: ...sonally served on the same day. Timeliness This motion is timely. Despite the limitations of CCP § 438, a common-law “motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself.” (Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650.) Merits Defendant moves for judgment on the pleadings on all eight causes of action in the second amended complaint. The causes of action in the caption do not mat...

Excerpt: ... 20190091638, in the office of the Los Angeles County Recorder. Exhibit C: Notice of Trustee's Sale, recorded on May 8, 2019, as Document No. 20190417400, in the office of the Los Angeles County Recorder. Exhibit D: Trustee's Deed Upon Sale, recorded on June 3, 2019, as Document No. 20190507736, in the office of the Los Angeles County Recorder. Exhibit E: July 17, 2019 Order Granting Motion for Relief from the Automatic Stay. Exhibit F: Notice of...

Excerpt: ...t against plaintiff Scott Peebles for seven causes of action: 1. Breach of Contract 2. Breach of Fiduciary Duty 3. Breach of Duty of Confidence 4. Breach of Duty of Loyalty 5. Misappropriation 6. Comprehensive Computer Data Access and Fraud Act 7. Declaratory Relief Each cause of action arises from plaintiff's alleged taking of confidential documents without authorization. Evidentiary Objections Plaintiff makes seven objections to the Declaration...

Excerpt: ...intiff Shashikant Jogani's motion for preference. 2. The motion of defendants and cross-defendants Haresh Jogani, J.K. Properties, Inc., H.K. Realty, Inc., Commonwealth Investments, Inc., Mooreport Holdings Limited, Gilu Investments Limited and Akshi Investments Limited (Haresh parties) for leave to file a cross-complaint. A. Motion for Preference A party over 70 years old may petition the court for a preference when “[t]he health of the party ...

Excerpt: ...California (2004) 121 Cal.App.4th 1112, 1126 explained the standard for disqualifying an expert: The party seeking disqualification must show that its present or past attorney's former employee possesses confidential attorney-client information materially related to the proceedings before the court. The party should not be required to disclose the actual information contended to be confidential. However, the court should be provided with the natu...

Excerpt: ...CCP § 2030.220(a) provides, “Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” CCP § 2030.300(a)(1) provides that a party may move to compel further responses to interrogatories when an answer is evasive or incomplete. CCP § 2030.300(d) provides that a court must impose monetary sanctions against a party who unsuccessfully makes or...

Excerpt: ... 741.) Courts “liberally construe the evidence in support of the party opposing summary judgment and resolve doubts concerning the evidence in favor of that party.” (Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 389.) For employment discrimination and retaliation claims, “California follows the burden shifting analysis of McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 to determine whether there a...

Excerpt: ... In 2017, Santos and FSLA entered into agreements regarding the broadcasting rights of the men's team (Original Agreement) and women's team (Women's Team Agreement). At the time, FSLA was a subsidiary of Twenty-First Century Fox, Inc. (Fox). In December 2018, FSLA requested Santos to split the broadcasting rights under the Original Agreement into two new agreements—one with FSLA for Mexican and international rights (International Agreement), an...

Excerpt: ...aintiff Michael Herman. Alternatively, the CBD defendants move for summary adjudication of plaintiff's seventh cause of action for conversion, eighth cause of action for declaratory relief, and twelfth cause of action for declaratory relief. BACKGROUND FACTS At the heart of this action is a dispute between plaintiff and defendant Raymond Scott Coffman. Coffman was formerly an officer and majority shareholder of defendant West Coast Development Ca...

Excerpt: ...hapour's son (¶ 2) and he resided at the property. (¶ 7.) The complaint also attaches parts of the policy as Exhibit A. The page titled “Agreement” has a list of definitions, including “insured means you and residents of your household who are: a. your relatives…. .” (Ex. A.) The complaint includes the operative contractual definition of “insured” and alleges the facts showing that definition includes Shervin Motamedi. It need not...

Excerpt: ... of Christine Donatelli. It is OVERRULED. Merits Under both the Federal Arbitration Act and California law, the party opposing arbitration succeeds if it can prove the agreement's unconscionability. (Hoffman v. Citibank, N.A. (9th Cir. 2008) 546 F.3d 1078, 1082; Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 235.) The opposing party must show both procedural and substantive unconscionability using a sl...

Excerpt: ...te in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.” Neither provision explicitly requires that the notice must cite legal authority. Defendant's Notice of Petition complies. The first paragraph states the petition “will be made on the grounds that Plaintiff's Complaint and each cause of action therein is governed by and subject to a binding arbitration agreement contained within the sub...

Excerpt: ...ertainty are disfavored, and are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond. [Citations.]” (Ibid., alterations and internal quotations omitted.) The complaint sometimes uses the term “Defendants” without specifying which of the six named defendants was involved. (See, e.g., ¶¶ 23, 24, 31, 35-37.) This lack of clarity does not prevent the complaint from sufficiently apprising defendants o...

Excerpt: ...egations of defendants' communication or petition to the City of Los Angeles. Defendants do not seek to strike any of the other causes of action. This order only pertains to the causes of action challenged by defendants' motion. BACKGROUND FACTS Plaintiff Rivas-Stoller Equities, LLC (Stoller) is a real estate developer who purchased two parcels of real property located at 1105 and 1135 Rivas Canyon Road in Pacific Palisades. After developing the ...

Excerpt: ...n costs collectible under this title unless otherwise provided by law. Attorney's fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney's fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5 [when a contract authorizes attorney's fees]. “[M]onetary [discovery] sanction orders are enforceable th...

Excerpt: ...state sufficient facts to state a cause of action against him. He argues plaintiff's allegations regarding alter ego are conclusory and insufficient, and that the first amended complaint is a “sham” pleading because it impermissibly omits allegations contained in the complaint. The court rejects both arguments. ANALYSIS A. Conclusions, Ultimate Facts, and Evidentiary Facts To state a cause of action, the plaintiff must plead the “ultimate f...

Excerpt: ...ration is extrinsic evidence. The court cannot consider it. Breach of Implied-In-Fact Contract Plaintiff fails to allege sufficient facts to state a cause of action for breach of implied-in-fact contract. Pacific Bay Recovery, Inc. v. California Physicians' Services, Inc. (2017) 12 Cal.App.5th 200, 215 (Pacific Bay) held: “[T]he vital elements of a cause of action based on contract are mutual assent (usually accomplished through the medium of a...

Excerpt: ...ce conditionally under seal but did not actually file a motion to seal them, much less obtain an order permitting defendant to file the documents under seal. As a result, the only moving papers filed were the redacted documents. Aside from the caption pages, every page of each document is just black. There are effectively no moving papers or evidence in the official court record in support of defendant's motion for summary judgment or adjudicatio...

Excerpt: ...ration in support of that motion, he states he could not afford his attorneys at Loeb & Loeb in May 2020 and signed a substitution of attorney on June 3, 2020. (¶ 2.) He did not understand he had to file an answer to the Cross-Complaint. (¶¶ 3-4.) On October 20, he retained attorney James Eashoo, but could not afford to pay him either, and signed a substitution of attorney to represent himself again on November 3. (¶ 6.) Cross-complainants is...

Excerpt: ...es, LLC. 3. The fact that plaintiff Albert's complaint alleged a cause of action for specific performance based on breach of contract. 4. The fact that Blake & Associates, LLC alleged in its verified cross-complaint that in or about May 2009, and since then, Blake & Associates has been in the business of performing records reviews for physicians who render medical services to Workers' Compensation applicants. 5. The contents of the protective ord...

Excerpt: ...de is whether the contract between plaintiff and Scorpion includes an arbitration provision. The court determines whether the parties entered into a binding agreement to arbitrate under general principles of contract law. (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 236 (Pinnacle).) Under California law, a written contract may include provisions of a document not physically attached to the document ...

Excerpt: ...) to specially set and/or bifurcate trial. 3. The Haresh parties' motion for a protective order. 4. The motion of defendants and cross-complainants and Chetan Jogani and Rajesh Jogani (Chetan and Rajesh) to compel further responses to first set of special interrogatories.[1] 5. Chetan and Rajesh's motion to compel further responses to first set of requests for production of documents (1-23) 6. Chetan and Rajesh's motion to compel further response...

Excerpt: ...in this case dated December 2, 2020; and 5. The Application for Approval of Hinds & Shankman, LLP as Counsel for Referee, Stephen J. Donell, Pursuant to CCP §§873.110 and 873.120 and Petition for Instructions Pursuant to CCP §873.070; Declarations of Stephen J. Donell and Rachel M. Sposato, Esq. in Support Thereof, filed in No. BC715282. All the documents are court records subject to judicial notice under Evidence Code § 452(d). The requests ...