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...