Excerpt: ...ss for plaintiffs Donoco Investments, LLC and Donald Okada. The court will not consider plaintiffs' opposition. Marcus, Watanabe & Enowitz filed the opposition on plaintiffs' behalf. That firm is not plaintiffs' counsel of record. The firm has filed two notices of limited scope representation stating representation was limited to (1) opposing summary judgment and (2) responding to the order to show cause re: transfer to limited jurisdiction. Both...

Excerpt: ...nt greater than the amount specifically demanded in the complaint is void as beyond the court's jurisdiction.” (Airs Aromatics, LLC v. CBL Data Recovery Technologies, Inc. (2018) 23 Cal.App.5th 1013, 1018.) “Where no amount of damages is demanded any amount awarded is by definition greater than the amount demanded.” (Falahati v. Kondo (2005) 127 Cal.App.4th 823, 830–831.) Plaintiff requests a judgment of $216,766.50 including $200,000 in ...

Excerpt: ... a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” “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' counsel Ophir J. Bitton explains, “After [a] call” with p...

Excerpt: ...fendant followed the safe harbor procedure required under section 128.7. “Notice of motion shall be served as provided in Section 1010, but shall not be filed with or presented to the court unless, within 21 days after service of the motion, or any other period as the court may prescribe, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.” (CCP § 128.7(c)(1).) The proof of ser...

Excerpt: ...Pinnacle and Guan arise from plaintiffs' sale of real property at 2120 Mountain View Rd. in South El Monte. (Comp., ¶¶ 35-45.) Plaintiffs Min-Hsiung Chen and Nancy M. Chien conveyed title to the property to the Chien Family Trust. (¶ 36.) Min-Hsiung and Nancy M. Chien served as the trustees until May 2022. (¶ 47.) Their children, Stan Chien and Allen Chien, then succeeded them as trustees. (Ibid.) Plaintiffs allege, “On or about March 1, 20...

Excerpt: ...� Though this rule does not apply to anti-SLAPP motions, consecutively numbering objections—especially voluminous objections—is necessary for the court to make clear rulings on them. All of defendant's objections are overruled . Public Interest Exemption Plaintiff relies on the public interest exemption in Code of Civil Procedure section 425.17(b): “Section 425.16 does not apply to any action brought solely in the public interest or on beha...

Excerpt: ...tt is a party to the agreement, the court will still deny the motion for the reasons discussed below. Labor Code Claims Garrett cannot require plaintiff to arbitrate the first six causes of action for violations of the Labor Code. Garrett moves to enforce an arbitration provision included in a document labeled “At-Will Agreement.” (Gentry Decl., Ex. A.) The agreement provides, “Employee and the Company agree that arbitration shall be the ex...

Excerpt: ...n.” (Id., subd. (b).) Defendant shows good cause to depose plaintiff again. This action arises from plaintiff's termination in 2014. Defendant deposed plaintiff in July 2017. (Lalitte Decl., ¶ 3.) Plaintiff claims damages extending beyond July 2017. Trial is now set for May 8, 2024, nearly seven years after plaintiff was deposed. What has happened since July 2017 is directly relevant. More than two thirds of the period relevant to plaintiff's ...

Excerpt: ...laint.” (Code Civ. Proc., § 431.10, subd. (b)(3).) Courts may strike allegations regarding punitive damages 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.) Punitive Damages for Breach of Implied Covenant of Quiet Enjoyment One of the 18 portions of the co...

Excerpt: ...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. White Memorial Medical Center (2018) 21 Cal.App.5th...

Excerpt: ...attorney's fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.” (CCP § 685.040.) The Enforcement of Judgments Law “ ‘addresses in detail several means of enforcing a judgment, including liens on real and personal property (§§ 697.010-697.920), writs of execution (§§ 699.010-701.830), garnishment of wages (§§ 706.010-706.154) and writs of possession or sale (§§ 712.010-7...

Excerpt: ... action arises from injuries plaintiff Catherine Pham, D.D.S. alleges she suffered due to a defective medical device. Defendants LivaNova Holding USA, Inc. and LivaNova Deutschland, GmbH (LivaNova) manufactured the device. The Kaiser defendants used it while treating Pham. Co-plaintiff Tuan H. Tran is Pham's spouse and alleges one cause of action for loss of consortium against all defendants. The Kaiser defendants settled with plaintiffs in excha...

Excerpt: ...Musayelyan makes 33 objections to the declaration of Mariam Gabashvili and four objections to the declaration of Dmitry Bykov. All objections are overruled. Legal Standard Courts use a two-step process for resolving anti-SLAPP motions under section 425.16: “First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity.” (Navellier v. Sletten (2002) 29 Cal...

Excerpt: ... 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.) Real Party in Interest Petitioner Clare contends respondent 2644 fails to show it is the real party in interest and therefore lacks capacity to respond to the petition or file a cross-petition. Clare's argument relies on the premise that...

Excerpt: ...statement, however, includes only 29 requests, erroneously numbered 1-29. They are request Nos. 7-27 and 29-36. The court will only address those requests. A party propounding requests for production may move to compel further responses if “[a] statement of compliance with the demand is incomplete,” “[a] representation of inability to comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or t...

Excerpt: ...drug replied that the new verifications are improper for several reasons, including that they were signed electronically instead of by hand. Electronic signatures are permitted—even for documents signed under penalty of perjury. (Cal. Rules of Court, rule 2.257(b).) The new verifications are sufficient. Apart from the verifications, Vydrug presents valid grounds to strike all 24 challenged portions of the answer. Code of Civil Procedure section...

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...