Excerpt: ... for plaintiff awarding actual damages and finds that a defendant is guilty of malice, oppression, or fraud " (Civ Code, 3295(d) ) This provision "requires a court, upon application of any defendant, to bifurcate a trial so that the trier of fact is not presented with evidence of the defendant's wealth and profits until after the issues of liability, compensatory damages, and malice, oppression, or fraud have been resolved against the defendant."...

Excerpt: ...tions and ending with the ultimate sanction of termination." (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 566, 604 ) "[A] terminating sanction should generally not be imposed until the court has attempted less severe alternatives and found them to be unsuccessful ancVor the record clearly shows lesser sanctions would be ineffective." (Ibid.) Terminating sanctions are " 'ordinarily a drastic measure which should be emplo...

Excerpt: ... a triable issue of at least one material fact. (Aguilarv. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) The opposing defendants "shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a defense thereto." (CCP S 437c(p)(1).) Plaintiff alleges three causes of action: (1) public nuisance, (2) violation of narcotics abatement law (NAL), and (3) unfair competition. Plaintiff meets it...

Excerpt: ...umina Balasanyan's second amended cross-complaint based on the doctrine of res judicata_ The court sustained LA Solar Group's demurrer to the initial cross-complaint and the first amended cross-complaint under that doctrine The amendments in the sa•ond amended cross-complaint cure the defect Balasanyan now alleges cross-defendant refused to remove solar panels from Balasanyan's home before and after the prior small claims action (SACC, 12, 13) ...

Excerpt: ...y information permits defendant to compel arbitration. Section 4 of the warranty information provides: BINDING ARBITRATION FOR CALIFORNIA VEHICLES ONLY PLEASE READ THIS SECTION IN ITS ENTIRETY AS IT AFFECTS YOUR RIGHTS If you purchased or leased your Hyundai vehicle in the State of California, you and we each agree that any claim or disputes between us (including between you and any of our affiliated companies) related to or arising out of your v...

Excerpt: ..., In re: Melissa Mosich Miller (Case No.1:10-bk-19870-MT). Plaintiffs request judicial notice of three more documents filed in that proceeding. The documents are subjectto judicial notice as court records. (Evid. Code, S 452(d).) All requests for judicial notice are granted. Subject Matter Jurisdiction In this action, plaintiffs allege defendant breached a 2015 settlement agreement between the parties. Defendant contends that, pursuant to that ag...

Excerpt: ...10, 16, 18, 19, 22, 23, and 27 are sustained. Objection Nos_ 1, 2, 4-9, 11-15, 17, 20, 21, 24-26, and 28-33 are overruled. Defendants makes 21 objections (numbered 3-23) to plaintiffs evidence. Objection Nos_ 8, 18, 21, and 22 are sustained. Objection Nos. 3-7, 9-17, 19, 20, and 23 are overruled. Summary Judgment or Adjudication Courts grant summary judgment or adjudication where no triable Issues of fact exist and the moving party is entitled to...

Excerpt: ...ections Defendants Hyundai Motor America and South Bay Hyundai make seven objections to the declaration ofNorman F _ Taylor All seven objections are overruled Defendants make 16 objections to the declaration of Richard M. Wirtz. All 16 objections are overruled. Plaintiffs make two objections to the declaration of Sasha Bassi_ Both objections are overruled. Lodestar Plaintiffs seek attome fees based on the following hours and rates: Timekee er Rat...

Excerpt: ...ce an adequately prepared corporate representative to sit for at least seven hours of deposition testimony on" various topics. After Santos filed this motion (and after defendant and cross-complainants opposed it), cross-complainants Fox Sports Mexico Distribution LLC and TFCF Latin American Channel LLC dismissed their only cause of action without prejudice. The motion is therefore moot as to them. The remaining dispute concerns defendant The Wal...

Excerpt: ...aints, concerning an event or transaction in which he or she participated, or which he or she perceived, and pertaining to the manner in which he or she performed his or her duties." Motions for discovery of these records must include "[alffidavits showing good cause for the discovery or disclosure sought, setting forth the materiality thereof to the subject matter involved in the pending litigation and stating upon reasonable belief that the gov...

Excerpt: ...endants request judicial notice of three exhibits. Defendants assert they are emails involving plaintiff They are improper extrinsic evidence at this stage. "On a demurrer a court's function is limited to testing the legal sufficiency of the complaint. _ _ The hearing on demurrer may not be turned into a contested evidentiary hearing through the guise of having the court take judicial notice of documents whose truthfulness or proper interpretatio...

Excerpt: ...rve a timely response." (CCP S 2030.290.) Defendant did serve timely responses to the interrogatories. This is not a proper motion to compel responses. The substance of the relief requested takes precedence over the motion's label. (Hudson v. Superior Court (2017) 7 CalApp.5th 999, 1011; Powellv. Count-y ofOrange (2011) 197 Cal.App.4th 1573, 1577.) Plaintiff moves the courtto "obtain and review the documents in question" (though he does not ident...

Excerpt: ...of action under the Unruh Civil Rights Act, Civil Code section 51 _ The court sustained the entity defendants' demurrer without leave to amend on that basis. Plaintiffs opposition does not argue the second amended complaint states sufficient facts for a cause of action under the Unruh Civil Rights Act. Instead, she argues she can amend her complaint to state sufficient facts for a cause of action under Civil Code section 51 9, which is not part o...

Excerpt: ...t obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant.” (CCP § 1032(a)(4).) “Trial courts determine who is the prevailing party based on an evaluation of whether a party prevailed on a practical level. Among the factors the trial court should consider is the extent to which each party has realized its litigation objectives.” (Regency Midland Construction, Inc. v. Legendary St...

Excerpt: ...x. B) and UCLA Procedure 620.1: Whistleblower Retaliation Complaints (RJN, Ex. C). These records are subject to judicial notice as regulations issued by a public entity under Evidence Code section 452(b) and as official government acts under section 452(c). (See Lachtman v. Regents of University of California (2007) 158 Cal.App.4th 187, 207 [“The Regents of the University of California have rulemaking and policymaking power, and their policies ...

Excerpt: ...ion Nos. 18, 22, 24, and 26 are sustained. Objection Nos. 1-17, 10-21, 23, 25, and 27-31 are overruled. Defendants make 30 objections to plaintiff's declaration. Objection Nos. 12, 13, 24, and 25 are sustained. Objection Nos. 1-11, 14-23, and 26-30 are overruled. Defendants make 19 objections to the declaration of Samuel Moorhead. All 19 objections are overruled. Legal Standard Summary judgment should be granted where no triable issues of fact ex...

Excerpt: ...ed 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 does not allege sufficient facts to constitute oppression, fraud, or malice. Plaintiff contends the first amended complaint meets the ...

Excerpt: ...ntiff bears the burden of introducing such evidence. (Ibid.) Plaintiff's only evidence of Hogg's financial condition is the declaration of counsel Christopehr Grivakes. He states: I conducted research into the assets of defendant Troy James Hogg in order to prove-up the reasonableness of the request for punitive damages. Based upon my research, I discovered that Mr. Hogg defrauded investors of $51,000,000 in connection with a cryptocurrency scam ...

Excerpt: ... Insurance Company moves to compel defendant Veronica Sims and Barry Reed to serve responses to demand for production of documents (set one). When a party fails to timely respond to demands for inspection, the requesting party may move for an order compelling responses. (2031.300(b).) Failure to timely respond waives any objections. (CCP § 2031.300(a).) Plaintiff served its demands for production of documents (set one) on defendants Sims and Ree...

Excerpt: ...Lana McLeod's declaration. Objection Nos. 1 and 4-7 are sustained. Objection Nos. 2 and 3 are overruled. Defendant makes 3 objections to plaintiff's Exhibit 1-A, the group text messages. Objection Nos. 2 and 3 are sustained. Objection No. 1 is overruled. Defendant makes 29 objections to plaintiff's deposition transcript. Objection Nos. 1, 2, 21, and 22 are sustained. Objection Nos. 3-20 and 23-29 are overruled. Defendant makes 2 objections to pla...

Excerpt: ...dicial 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 of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Defendants Pacific Horizon H...

Excerpt: ...s process of hiring Weir and Brandt (Nos. 8-11) and defendant's internal evaluations of Weir and Brandt, including documents about their “departure from the firm” or “termination” (Nos. 28-34). Defendant responded only with objections. The documents plaintiff requests in Nos 8-11 are discoverable. Plaintiff's first amended complaint alleges, among other things, that defendant affirmatively misrepresented the firm's capabilities and expert...

Excerpt: ...ns to be heard on February 28 and served notice of the hearing date on plaintiff. There is no proof of service, however, of the notice of hearing date on defendant Precillia Diaz. “The general rule is that notice of motion must be given whenever the order sought may affect the rights of an adverse party.” (McDonald v. Severy (1936) 6 Cal.2d 629, 631.) The parties to a civil action are entitled to written notice of hearing dates. (See Code Civ...

Excerpt: ...t of time billed for each task was reasonable. (Baxter v. Bock (2016) 247 Cal.App.4th 775, 793.) The moving party has the burden of proof on these issues. (Ibid.) The number of hours billed may be unreasonable if the case is “overstaffed” with too many lawyers, resulting in redundant or unnecessary work. (Hensley v. Eckerhart (1983) 461 U.S. 424, 434). Nearly all of plaintiff's counsel's work was reasonable and necessary. After carefully revi...

Excerpt: ... first named defendant, New Port@Beverly Hills, Inc. The court held a bench trial in July 2019. After trial, the court entered judgment for plaintiff against New Port@Beverly Hills, Inc. only, and in favor of the eight moving defendants. In November 2019, the court awarded defendants $239,962.50 in attorney fees. Plaintiff appealed the judgment. The Court of Appeal affirmed the judgment, with one exception—it reversed the judgment as to plainti...

Excerpt: ...e 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 too general.” (CCP § 2031.310(a).) Request for production No. 23 demands: “All DOCUMENTS RELATING TO complaints YOU received from YOUR EMPLOYEES in the past ten (10) years that RELATE TO RETALIATION.” Pacifica responded with numerous objections, followed by: “N...

Excerpt: ...serving a represented party electronically, the serving party shall confirm by telephone or email the appropriate electronic service address for counsel being served.” That provision does not apply because this motion was not when defendant “first” served plaintiff electronically. When defendant opposed a prior motion by plaintiff, it served the opposition on plaintiff via that same email address. Moreover, all of plaintiff's papers, beginn...

Excerpt: ...ded cross-complaint alleges sufficient facts for this cause of action. “Every contract imposes on each party a duty of good faith and fair dealing in contract performance and enforcement such that neither party may do anything to deprive the other party of the benefits of the contract.” (Lueras v. BAC Home Loans Servicing, LP (2013) 221 Cal.App.4th 49, 76.) The implied covenant cannot, however, impose “substantive duties or limits beyond”...

Excerpt: ...ers that are just, including” imposing monetary, issue, evidence, or terminating sanctions. (CCP § 2030.290(c) [interrogatories]; § 2031.300(c) [requests for production].) Plaintiffs have now disobeyed multiple court orders compelling discovery. On September 30, 2022, the court granted defendant's motions to compel discovery and ordered plaintiffs Bill Starkov and Jessica Starkov to serve verified responses without objections to form interrog...

Excerpt: ...e court denied plaintiff's prior motion for attorney fees, the circumstances have changed. The court explained it denied that motion because other causes of action on the same contract had not been resolved. The court stated, “O'Gara is not currently the ‘party prevailing on the contract'—though it may be after trial.” (Oct. 10, 2022 Minute Order, p. 2.) “Because the second and fifth causes of action are ‘on the contract' and have not...

Excerpt: ...r agents, employees and anyone acting on her behalf or in concert with her, from harassing, attacking, striking, threatening, assaulting, destroying personal property, disturbing the peace of Plaintiff, from conducting surveillance of Plaintiff, from contacting, directly or indirectly, or taking any action against Plaintiff, to stay away at least 100 feet from the person, place of work and to vacate the residence of 6517 Whitworth Drive in Los An...

Excerpt: ...s unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.” (Gov. Code, § 12965(c)(6).) This “exception to the mandatory award of litigation costs under section 1032, subdivision (b), implements a clear legislative goal of encouraging potentially meritorious FEHA suits.” (Roman v. BRE Properties, Inc. (2015) 237 Cal.App.4th 1040, 1062 (Roma...

Excerpt: ...See, e.g., Nakash v. Superior Court (1987) 196 Cal.App.3d 59, 70.) Other cases hold, “A rescission is enforced by a civil action for relief based on rescission.” (Southern Ins. Co. v. Workers' Comp. Appeals Bd. (2017) 11 Cal.App.5th 961, 963–964; accord Civ. Code § 1692 [ “When a contract has been rescinded … any party to the contract may seek relief based upon such rescission by (a) bringing an action to recover any money or thing owi...

Excerpt: ...d. “If a petition or response under this chapter is duly served and filed, the court shall 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.) Courts have limited authority to vacate an arbitration award. “A court's power to correct or vacate an erroneous arbitrati...

Excerpt: ... modify the subpoena duces tecum. Notice of the bringing of that motion shall be given to the witness and deposition officer at least five days prior to production.” (CCP § 1985.3(g).) Wells Fargo's subpoena to Open Path Counseling Center specifies the date for production was September 30, 2022. (Olsen Decl., Ex. 4.) Plaintiff filed this motion on November 7, 2022. Plaintiff did not file any proof of service of the moving papers—not on defen...

Excerpt: ...e. “The general rule in California is that ‘[e]veryone is responsible ... for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person....' ” (Cabral v. Ralphs Grocery Co. (2011) 51 Cal.4th 764, 771.) “[I]n the absence of a statutory provision establishing an exception to the general rule of Civil Code section 1714, courts should create one only where ‘clearly suppor...

Excerpt: ...l agree to dismiss the remaining causes of action in the Complaint as a condition to the entry of summary judgment.” (Motion, p. 3.) A plaintiff moving for summary judgment must prove each element of each cause of action; once the plaintiff does so, the burden shifts to the defendant to show a triable issue of at least one material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) The opposing defendants “shall set forth t...

Excerpt: ...e Court of Appeal has stated that if an “agreement to arbitrate simply authorized the defendant to make unilateral modifications, it would not be illusory under California law because the implied covenant of good faith and fair dealing would preclude any change that undermined the employee's rights.” (Peng v. First Republic Bank (2013) 219 Cal.App.4th 1462, 1474 (Peng).) “The implied covenant also prevents an employer from modifying an arbi...

Excerpt: ...spond to Special Interrogatories Plaintiff Above the Boulevard LLC moves to compel defendant Blossom.Space Inc. to respond to special interrogatories. When a party fails to timely respond to interrogatories, the propounding party may move for an order compelling responses. (CCP §§ 2030.290(b).) Failure to timely respond waives any objections to the interrogatories. (CCP §§ 2030.290(a).) Plaintiff served special interrogatories, set one, on Au...

Excerpt: ...ent's existence via admissible evidence. A motion to compel arbitration is “a summary proceeding.” (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1057.) The moving party 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.” (Id. at p. 1060.) For this initial burden, “ ‘it is not necessary...

Excerpt: ... a reasonable interpretation by reading it as a whole and all its parts in their context” but do not “assume the truth of contentions, deductions, or conclusions of fact or law.” (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) Plaintiff's complaint alleges three causes of action: (1) conversion, (2) violation of Penal Code § 496, and (3) claim and delivery. All three causes of action arise from the allegation that...

Excerpt: ... or response under this chapter is duly served and filed, the court shall 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.) Courts have limited authority to vacate an arbitration award. “A court's power to correct or vacate an erroneous arbitration award is closely...

Excerpt: ... 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.) Courts have limited authority to vacate an arbitration award. “A court's power to correct or vacate an erroneous arbitration award is closely circumscribed.” (Heimlich v. Shivji (2019) 7 Cal.5th 350, 367.) “An arbitrator's...

Excerpt: ...a duces tecum. Notice of the bringing of that motion shall be given to the witness and deposition officer at least five days prior to production.” (CCP § 1985.3(g).) Wells Fargo's subpoena to Open Path Counseling Center specifies the date for production was September 30, 2022. (Olsen Decl., Ex. 4.) Plaintiff filed this motion on November 7, 2022. Plaintiff did not file any proof of service of the moving papers—not on defendants, the deponent...

Excerpt: ...erving a represented party electronically, the serving party shall confirm by telephone or email the appropriate electronic service address for counsel being served.” That provision does not apply because this motion was not when defendant “first” served plaintiff electronically. When defendant opposed a prior motion by plaintiff, it served the opposition on plaintiff via that same email address. Moreover, all of plaintiff's papers, beginni...

Excerpt: ...her potential issues. WGA is attempting to enforce an arbitration clause in a collective bargaining agreement. “For disputes arising under collective bargaining agreements, there is a ‘presumption of arbitrability,' under which a court should order arbitration of a grievance ‘ “unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute.” ' ” (City ...

Excerpt: ...ent's existence via admissible evidence. A motion to compel arbitration is “a summary proceeding.” (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1057.) The moving party 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.” (Id. at p. 1060.) For this initial burden, “ ‘it is not necessary...

Excerpt: ... 11, 20, 29, 32, and 34 are sustained. Objection Nos. 1, 4-6, 8, 12-19, 21-28, 30, 31, 33, and 35-42 are overruled. Summary Judgment or Adjudication Courts grant summary judgment or adjudication where no triable issues of fact exist and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c); Villa v. McFerren (1995) 35 Cal.App.4th 733, 741.) A defendant moving for summary judgment must show “that one o...

Excerpt: ... 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 meet their burden of showing the default against them resulted from mistake, inadvertence, surprise, or excusable neglect. The clerk entered their d...

Excerpt: ...ealed 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 1356, 138...

Excerpt: ...show a triable issue of at least one material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) The opposing defendants “shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a defense thereto.” (CCP § 437c(p)(1).) Triable Issues of Material Fact Plaintiff alleges three causes of action: (1) public nuisance, (2) narcotics abatement, and (3) unfair competition....

Excerpt: ..., or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.” (CCP § 2025.480(a).) Testimony about other employees Plaintiff moves to compel Thana, Inc. to answer the following question: “So who were the co-workers of plaintiff during the time he worked for Douglas burgers?” Defense coun...

Excerpt: ...premises. (Demurrer, pp. 3-4; RJN, Ex. 1.) Selling the premises does not mean plaintiff lacks standing to sue under the lease for debts incurred before the sale. “A transferor of an interest in the leased property retains the benefit of an express promissory obligation under the lease, which benefit he held before the transfer, to the extent the benefit is not assigned by the transferor and does not run with the transferred interest.” (Rest.2...

Excerpt: ...erve responses to form interrogatories – general, set one, special interrogatories, set one, and requests for production, 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).) It ...

Excerpt: ...er Compelling Responses When the responding party fails to timely respond to interrogatories or requests for production, the requesting party may move for an order compelling responses. (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [request for production].) Failing to timely respond waives any objections. (CCP §§ 2030.290(a); 2031.300(a).) Plaintiff served the discovery requests on defendants 5 Star K-9 Academy, Inc. and Ekaterina Korot...

Excerpt: ...ary sanctions and ending with the ultimate sanction of termination.” (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604.) “[A] terminating sanction should generally not be imposed until the court has attempted less severe alternatives and found them to be unsuccessful and/or the record clearly shows lesser sanctions would be ineffective.” (Ibid .) Terminating sanctions are “ ‘ordinarily a drasti...

Excerpt: ...close the fact to plaintiff; (3) defendant intentionally omitted 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 (Boschma).) Generally, “[e]very element of the cause of action for fraud must be alleged in the proper m...

Excerpt: ...urs to cross-complainant Rumina Balasanyan's first amended cross-complaint based on the doctrine of res judicata. “Res judicata or claim preclusion precludes the relitigation of a cause of action that previously was adjudicated in another proceeding between the same parties or parties in privity with them. [Citation.] Res judicata applies if (1) the decision in the prior proceeding is final and on the merits; (2) the present proceeding is on th...

Excerpt: ...nder this chapter is duly served and filed, the court shall 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.) Courts have limited authority to vacate an arbitration award. “A court's power to correct or vacate an erroneous arbitration award is closely circumscribed...

Excerpt: ...Rose was “the majority shareholder” (¶ 42). Defendant Paul Payne III is a certified public accountant. (Comp., ¶ 4.) In a scheme to take plaintiffs' shares in the corporation, Rose hired Payne to falsify the corporation's 2021 tax return. (¶¶ 14-17.) Plaintiffs allege that, based on over a decade of Century Rooter and Jetting Service, Inc.'s prior tax returns, Payne knew they each owned 24.5%. (¶ 15.) Payne, however, prepared a tax retur...

Excerpt: ...d confer as required before filing this motion. “A determination of whether an attempt at informal resolution is adequate … involves the exercise of discretion.” (Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) Plaintiff made an adequate attempt to meet and confer. Though plaintiff filed these motions shortly after counsel agreed to hold a phone call two days later, plaintiff had to do so to provide timely notice of the motions b...

Excerpt: ...cial 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 of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Cross-defendants Nile Niami an...

Excerpt: ... filed this action, a petition for writ of mandate to compel inspection of books, in June 2020. Respondents moved to compel arbitration, and the court ordered the parties to arbitrate this dispute. On May 13, 2022, the arbitrator issued an award of $90,600.22 for petitioner for “Attorneys' Fees of $78,907.50” as set forth in two orders granting attorney fees and costs (Levinson Decl. ISO Petition to Confirm Arbitration Award, Ex. B, Final Awa...

Excerpt: ...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 too general.” (CCP § 2031.310(a).) Plaintiff made objections that were too general. His response began with numerous “general objections,” which are improper. Plaintiff also made meritless objections. To nearly all requests, plaintiff responded only, ...

Excerpt: ...e via admissible evidence. A motion to compel arbitration is “a summary proceeding.” (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1057 (Espejo).) The moving party 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.” (Id. at p. 1060.) For this initial burden, “ ‘it is not necessary to f...

Excerpt: ...applies for a fourth order: to proceed with this action under a fictitious name. 1. 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).) Section 340.1, subdivision (i) provides that the court must review the certificates of merit in camera. (See also Cal. Rules of Court, ru...

Excerpt: ...ll not find prejudice where the party opposing arbitration shows only that it incurred court costs and legal expenses.” (St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4th 1187, 1203 (St. Agnes.)) That rule does not apply. “[W]here the FAA applies, whether a party has waived a right to arbitrate is a matter of federal, not state, law.” (Davis v. Shiekh Shoes, LLC (2022) 84 Cal.App.5th 956, 300 Cal.Rptr.3d 787, 793 (Davis...

Excerpt: ...l California, Inc. (2010) 191 Cal.App.4th 53, 64.) An insurer's breach of the implied covenant of good faith and fair dealing does not, on its own, suffice for punitive damages. (Jordan v. Allstate Ins. Co. (2007) 148 Cal.App.4th 1062, 1080.) The plaintiff must still meet the standards of pleading and proof under Civil Code section 3294. Plaintiff alleges sufficient facts to constitute malice. “ ‘Malice' means conduct which is intended by the...

Excerpt: ...cross-complaint would allege compulsory-crossclaims against plaintiff American Honda Financing Corporation. When a party fails to timely bring compulsory crossclaims, “whether through oversight, inadvertence, mistake, neglect, or other cause,” the court may grant leave to file a cross-complaint “at any time during the course of the action” so long as the moving party “acted in good faith.” (CCP § 426.50.) This provision is “liberal...

Excerpt: ...ties Ltd., 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.) Procedural Unconscionability For procedural unconscionability, “[t]he pertinent question … is whether circumstan...

Excerpt: ...oundation Hospitals demur to plaintiff's second cause of action for fraud. After defendants filed this demurrer, the parties stipulated to dismiss the action as to defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals. A. Defendant Linda Gutierrez Plaintiff fails to allege sufficient facts for any cause of action against Gutierrez. The first amended complaint does not even purport to allege a cause of action against her. ...

Excerpt: ...on Service, LP demur to the third amended complaint by plaintiff John Doe. The court's ruling addresses them jointly because they rely on common arguments. Summary of Allegations The third amended complaint alleges 14 causes of action against all seven named defendants, all arising from the same repeated factual allegations: The acts of discrimination and harassment that DEFENDANTS, Does Nos [1-20, 21-40, etc.] incited, aided, abetted, agreed to ...

Excerpt: ...moves to compel cross-complainants TFCF Latin American Channel LLC and Fox Sports Mexico Distribution LLC to produce additional documents in response to requests for production Nos. 1-13 propounded to them. (Code Civ. Proc., § 2031.320.) Further Responses to Nos. 15 and 18 Defendants Disney and TFCF responded to request Nos. 15 and 18 with objections only. No. 15 asked for: “All DOCUMENTS and COMMUNICATIONS RELATING TO the work, tasks, retenti...

Excerpt: ...e that plaintiff entered the arbitration agreement. The moving party can meet its ultimate burden of the preponderance of the evidence by showing the “security precautions regarding transmission and use of an applicant's unique username and password, as well as the steps an applicant would have to take to place his or her name on the signature line.” (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1062 (Es...

Excerpt: ...timely application.” (CCP § 387(d)(1) & (2).) To determine timeliness, the court must examine “the totality of the circumstances” with a “focus on three primary factors: (1) the stage of the proceedings in which an applicant seeks to intervene; (2) prejudice to other parties; and (3) the reason for the delay.” (Crestwood Behavioral Health, Inc. v. Lacy (2021) 70 Cal.App.5th 560, 574 (Crestwood).) “ ‘[P]rejudice to existing parties ...

Excerpt: ... waiver, courts will not find prejudice where the party opposing arbitration shows only that it incurred court costs and legal expenses.” (St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4th 1187, 1203 (St. Agnes.)) That rule does not apply. “[W]here the FAA applies, whether a party has waived a right to arbitrate is a matter of federal, not state, law.” (Davis v. Shiekh Shoes, LLC (2022) 84 Cal.App.5th 956, 2022 WL 16546...

Excerpt: ...n opposes these motions on the grounds that this case is stayed. Davidson is right. In the related case, David Abbasi v. Jerry Davidson, et al., No. 22STCV18567, Abbasi moved to stay this unlawful detainer action. On August 22, 2022, the court granted Abbasi's motion. The court adopted its tentative ruling, which stated, “The court hereby stays the unlawful detainer action, Jerry Davidson v. Wesley Fisher, et al., No. 22CHUD00349. The non-jury ...

Excerpt: ...sia Holdings, LLC, Future Land, Ltd., and Tower Goal, Ltd. Plaintiff Donoco Investments, LLC moves to compel further responses by defendants International Asia Holdings, LLC, Future Land, Ltd., and Tower Goal, Ltd. to form interrogatories, set one, Nos. 12.1-12.7 and 15.1. A party may move to compel further responses to interrogatories when an answer “is evasive or incomplete” (CCP § 2030.300(a)(1) or an objection “is without merit or too ...

Excerpt: ... production, but each party still seeks sanctions against the other. In Action Realtors moves for $5,145 in sanctions against Lazar and his counsel. Lazar seeks $3,600 in sanctions against In Action Realtors and its counsel. The court declines to impose sanctions against either party. Both In Action Realtors and Lazar acted, in part, with substantial justification. In Action Realtors was justified in moving to compel further responses to some of ...

Excerpt: ...ly is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310(a).) Meet and Confer Defendant Ford Motor Company contends plaintiffs failed to meet and confer in good faith as required before filing this motion. Plaintiffs sent a detailed meet and confer letter. (Cohen Decl., ¶¶ 12-14, Ex. 6.) Defendant replied, but plaintiffs did not substantively respond before filing thi...

Excerpt: ...rd was defendant Eilish Melick. (FAC, p. 1.) It refers to Johnson as “ ‘Landlord Representative' or ‘Power of Attorney (POA)'.” (Ibid.) The first amended complaint alleges no affirmative acts by Johnson other than that she “engaged in” a residential lease with plaintiff. (FAC, ¶ 11.) It repeatedly alleges “Landlord or the POA failed to” do various things regarding the premises. (FAC, ¶¶ 15, 16, 60, 84.) Attached to the first am...

Excerpt: ...t Medical Care makes three objections to Cynosure's evidence. All three objections are overruled. The Contract Does Not Bind Tarzana Cynosure cannot rely on the forum-selection clause to dismiss Tarzana's crossclaims because Tarzana is not a party to the contract. An essential element of the existence of a contract is the mutual consent of the parties. (1 Witkin, Summary of Cal. Law (11th ed. 2017) Contracts, § 116, p. 157; Civ. Code, § 1550.) ...

Excerpt: ...tained a judgment of $41,855.72 against defendant ICI Architectural Millwork, Inc. and Izhak Korin and is therefore the prevailing party. Plaintiff is entitled to recover reasonable attorney fees as costs. Attorney fees are allowable as costs when authorized by contract, statute, or law. (CCP § 1033.5(a)(10).) Plaintiff successfully brought several causes of action under the Labor Code for which he can recover attorney fees. (Lab. Code, §§ 218...

Excerpt: ... on the cross-complaint by Susana Torres and Jorge Torres against plaintiff/cross-defendant Victor Alarcon. (The second and fourth causes of action were resolved on demurrer, so these three proposed phases would include all pending causes of action.) Code of Civil Procedure section 598 gives courts discretion to choose to try some issues before others “when the convenience of witnesses, the ends of justice, or the economy and efficiency of hand...

Excerpt: ... petition arise from an attorney fee dispute between defendants and plaintiff Glaser Weil Fink Howard Avchen & Shapiro LLP (Glaser Weil). The parties first arbitrated the dispute. In June 2021, the arbitrator issued an award in favor of the Brius entities and Rechnitz. In July 2021, Glaser Weir filed this action against defendants rejecting the fee award and alleging five causes of action seeking damages for the allegedly unpaid fees. The Brius e...

Excerpt: ...t and fifth causes of action. That order was made by a different judge, Judge Douglas W. Stern. “A trial court's discretion to reconsider another judge's prior ruling is necessarily narrow and usually only appropriate when the prior judge is unavailable.” (In re Marriage of Oliverez (2015) 238 Cal.App.4th 1242, 1247.) Plaintiff fails to show Judge Stern is not available or any other basis that would permit this court to reconsider Judge Stern...

Excerpt: ... order to show good cause for whatever order is sought.” (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) Evidentiary Objections Defendant makes six objections to the declaration of Mark Falkenhagen. All six objections are overruled. Tax Returns and Information After 2017 Defendant shows good cause to limit plaintiff's discovery as to two items. First, defendant shows good cause to prohibit disclosure of its tax returns. There ...

Excerpt: ... lodestar, that is, “the number of hours reasonably expended multiplied by the reasonable hourly rate.” (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.) For attorney Ben Gharagozli, defendant incurred 66.25 hours of fees at $450 hourly. (Gharagozli Decl., ¶¶ 4, 9.) For attorney Kevin Hermansen, defendant incurred 59.1 hours of fees at $450 hourly. (Hermansen Decl., ¶¶ 6, 16.) Hours In calculating the lodestar, the court must determin...

Excerpt: ...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 probability of prevailing on the claim.” (Navellier, 29 Cal.4th at p. 88.) “[T]he plaintiff need only have stated and substantiated a lega...

Excerpt: ...anuary 30, 2023, and the trial is set for February 15, 2023. Judge Tamzarian will preside over the trial and therefore should decide this motion. Defendant's motion to sever trial is hereby continued to December 15, 2022, at 9:00 a.m. 2. Defendant/Cross‐Complainant Starr Indemnity and Liability Company's Motion to Strike Zoriall, LLC's First Amended Complaint and Answer to First Amended Cross‐Complaint and for Entry of Default Defendant/cross...

Excerpt: ...tection and Innovation (DFPI) stating that regulations implementing “commercial financing disclosures SB 1235” will be effective on December 9, 2022. This document is subject to judicial notice as a regulation enacted by a public entity (Evid. Code, § 452(b)) and as an official act of the government (Evid. Code, § 452(c)). Second, plaintiff requests judicial notice of its California Finance Lenders Licenses issued by State of California's D...

Excerpt: .... (Code Civ. Proc., § 418.10(a)(1).) Defendant's motion to quash the complaint does not argue or establish that the court lacks jurisdiction over him for any reason. Instead, it argues over the merits of plaintiff's complaint. That is not a valid basis to quash service of summons. Demurrer A demurrer is an objection to a complaint on one of several specified reasons. (Code Civ. Proc., § 430.10.) Each basis requires defendant to show that, even ...

Excerpt: ...ove for protective orders precluding plaintiffs from taking their depositions. Defendants argue both Johnston and Adelsberg are “apex witnesses” who cannot be deposed unless plaintiffs show good cause. “[W]hen a plaintiff seeks to depose a corporate president or other official at the highest level of corporate management, and that official moves for a protective order to prohibit the deposition, the trial court should first determine whethe...

Excerpt: ...ons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto. Ultimately, disqualification motions involve a conflict between the clients' right to counsel of their choice and the need to maintain ethical standards of professional responsibility. The paramount concern must be to preserve public trust in the scrupulous administration of justice and the integrity of the bar. The important right to counsel of ...

Excerpt: ...ving up our right to a civil court trial or jury trial for any claim, dispute or controversy arising out of or relating to my employment with the Company, except as otherwise set forth in this Agreement.” (Thorpe Decl., Ex. A, p. 1.) It further provides that the parties “mutually consent to the resolution by arbitration of all claims, disputes, or controversies … past, present or future, whether or not arising out of my employment (or its t...

Excerpt: ... of action for negligence. “Where negligence and nuisance causes of action rely on the same facts about lack of due care, the nuisance claim is a negligence claim.” (El Escorial Owners' Assn. v. DLC Plastering, Inc. (2007) 154 Cal.App.4th 1337, 1349 (El Escorial).) “ ‘A nuisance in many, if not in most, instances, especially with respect to buildings or premises, presupposes negligence.' ” (Ibid.) A complaint does not state a separate c...

Excerpt: ...had a duty to disclose the fact to plaintiff; (3) defendant intentionally omitted 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.) First, plaintiff alleges GM omitted or concealed a material fact. “GM was well aware ...

Excerpt: ...ded complaint by plaintiff John Doe. On October 26, 2022, defendant Universal Protection Service, LP d/b/a Allied Universal Security Services also filed a demurrer and motion to strike portions of the third amended complaint. Its demurrer and motion to strike will be heard on December 9, 2022. The court finds it appropriate to continue the three present hearings so that all demurrers and motions to strike portions of the third amended complaint c...

Excerpt: ... leave to amend his pleading, or to file a cross- complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of ca...

Excerpt: ...supplemental responses. Form Interrogatories Plaintiff moves to compel further responses to form interrogatories – general, Nos. 15.1 and 17.1. A party propounding interrogatories may move to compel further responses when an answer “is evasive or incomplete” or “[a]n objection to an interrogatory is without merit or too general.” (CCP § 2030.300(a).) No 15.1 asked Montano to identify each denial or affirmative defense in his answer and...