Excerpt: ...d by the clerk of the court (CCP § 2020.210(a)) or “an attorney of record for any party” (CCP § 2020.210(b)). The subpoena is signed by plaintiff herself, not the clerk of court or an attorney of record. (Lewiston Decl., Ex. A, p. 1.) Second, the subpoena was improperly directed to defendants CB Chicago, Kamyar Mateen, and Shervin Mateen. (Lewiston Decl., Ex. A, p. 1.) A deposition subpoena “may be used to obtain discovery within the stat...

Excerpt: ...gum, Esq. for malicious prosecution. This is the latest in a series of lawsuits. In 2016, Mayorga sued Fancher in case No. BC643234. Mayorga is a member of the band Suicidal Tendencies. Lisa Fancher (doing business as Frontier Records and American Lesion Music) published the band's self-titled album in 1983. Mayorga sued Fancher for withholding royalties from him. Ackerman and Bjorgum represented Fancher in the first case. (This complaint incorre...

Excerpt: ...rian Lugo M.D. Corporation, provided medical services to defendant Erik Zepeda Castaneda. Defendant owes a balance of $50,390.82, plus 10% interest. Prior Hearings: The court held hearings on this on July 18 and August 29, 2022. Plaintiff had not submitted a default judgment application before either of those hearings. Plaintiff submitted the documents on October 12. Analysis & Checklist: Quiet Title Actions require oral prove‐up hearing. (CCP ...

Excerpt: ...0 Labor Code violations, unfair competition, and PAGA civil penalties. Plaintiff worked for defendant from 2017 to 2020. (Job not specified.) The complaint also purports to be a class action. The class or group of aggrieved employees is all current and former non-exempt California employees. Motion Plaintiff seeks an order granting preliminary approval of: 1) Conditional certification of the class of hourly employees from 8/4/2020 to the present ...

Excerpt: ...ability and (2) breach of express warranty. Plaintiff alleges his new 2018 Range Rover was defective because its infotainment system did not work. Motion Plaintiff moves for $36,958.05 in attorney fees after settlement. Plaintiff incurred $27,635 in fees and $2,105.15 in costs, and anticipates another $2,700 in fees and $29.15 in costs for the reply. Plaintiff moves for an enhancement multiplier of 0.25. Opposition Plaintiff seeks excessive hours...

Excerpt: ...omplaint against defendants Signal Hill Pet Hospital, Mirette Attalla, and Ragi Boctor for 15 causes of action, including sexual assault, FEHA claims, Labor Code claims, and unfair competition. Plaintiff worked as an office manager at Signal Hill Pet Hospital. Attalla and Boctor own the pet hospital. Attalla sexually assaulted plaintiff numerous times by touching her breasts and sitting on her lap. Plaintiff complained to Boctor, and he refused t...

Excerpt: ... Failure to Provide Itemized Wage and Hour Statements (5) Private Attorneys General Act (6) Unfair Competition Plaintiff has worked as a packer for defendants since May 2016. For eight months each year, he worked six days per week for 12 hours per day without getting adequate overtime pay. Defendants improperly calculated overtime for employees by counting each pay period as beginning a new workweek instead of including all hours per true workwee...

Excerpt: ...her Emmanuel Richardson and foster mother Willie Mae Richardson. In a second foster home, she was sexually assaulted by foster mother Marie Anderson. Doe 1 (LA County) was responsible for plaintiff and put her in both foster homes. The County did not protect her. Application Under CCP § 340.1, the court should issue an order sealing the certificates of merit, permitting service on Doe 1, and permitting plaintiff to file an amended complaint iden...

Excerpt: ...her, Emmanuel Richardson. Doe 1 (LA County) was responsible for plaintiff and put her in Richardson's care in 1978. The County did not adequately protect her. Application Under CCP § 340.1, the court should issue an order sealing the certificates of merit, permitting service on Doe 1, and permitting plaintiff to file an amended complaint identifying the defendants. The usual rule on sealing, CRC 2.550 does not apply. Plaintiff's conditionally se...

Excerpt: ...annot exceed that demanded in the complaint… or in the statement [of punitive damages] provided for by Section 425.115.” (CCP § 580(a).) “A default judgment 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 gr...

Excerpt: ...ur to the first cause of action for violation of Civil Code § 2923.5, pre-default notice requirements; second cause of action for violation of Civil Code § 2923.6(c), dual tracking; and fourth cause of action for violation of Civil Code § 2924.9, post-default notice requirements on the same grounds: the second amended complaint alleges defendants recorded a notice of default and notice of trustee's sale that has nothing to do with plaintiffs. ...

Excerpt: ...alco Properties Ltd., LLC (2015) 235 Cal.App.4th 165, 185 (Serafin).) A. Procedural Unconscionability Procedural unconscionability focuses on “ ‘oppression' or ‘surprise' due to unequal bargaining power.” (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 114 (Armendariz).) “Procedural unconscionability occurs when the stronger party drafts the contract and presents it to the weaker party on a ‘take it or ...

Excerpt: ...er cannot circumvent prior admissions by the easy device of amending a pleading without explanation.” (Womack v. Lovell (2015) 237 Cal.App.4th 772, 787.) The “doctrine ‘cannot be mechanically applied.' ” [Citation.] It ‘is not intended to prevent honest complainants from correcting erroneous allegations or prevent the correction of ambiguous facts.' ” (JPMorgan Chase Bank, N.A. v. Ward (2019) 33 Cal.App.5th 678, 690.) The sham pleadin...

Excerpt: ...ation 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 moving defendant can establish “that a cause of action has no merit if the party has shown that one or more elements… cannot be established.” (Code Civ. Proc., § 437c, subd. (p)(2).) Defendants meet their burden of proving plaintiff cannot est...

Excerpt: ...y, including the department, reasonable attorney's fees.” (Gov. Code, § 12965(c)(6).) Plaintiff is not entitled to attorney fees at this stage. She may later become the prevailing party, but for now she seeks interim fees based solely on her successful appeal. “Because FEHA does not define the term prevailing party, prevailing party status is determined in this context based on an evaluation of whether a party prevailed on a practical level....

Excerpt: ...quests judicial notice of three exhibits. All three exhibits are court records subject to judicial notice under Evidence Code § 452(d)(1). They involve the small claims actions previously filed discussed below. The requests for judicial notice are granted. The Small Claims Case On April 9, 2021 Defendant Balasanyan filed a small claims lawsuit against Plaintiff LA Solar Group, Inc. (Case No. 21PDSC00689.) (RJN 1.) She claimed that “Defendant o...

Excerpt: ... to testify and produce documents if it failed to do so without having served a valid objection. (CCP § 2025.450(a).) Defendants concede they did not attend their depositions as noticed, though Murtaza and Applied Biomedical testified at deposition on September 12—nearly six weeks after plaintiff filed this motion. (Horton Decl., ¶ 4.) Plaintiff still seeks to complete their depositions. (Reply, p. 3.) Defense counsel states, “For a signifi...

Excerpt: ...sts for production, and requests for admission. 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).) There is no such motion for requests for admission. Instead, the Discovery Act provides ...

Excerpt: ...Bo Fleming to respond to special interrogatories, set one; form interrogatories – general, 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...

Excerpt: ...r v. Lightstorm Entertainment, Inc. (2016) 246 Cal.App.4th 1064, 1079.) The third amended complaint alleges promissory fraud, which requires “(1) the defendant made a representation of intent to perform some future action, i.e., the defendant made a promise, and (2) the defendant did not really have that intent at the time that the promise was made, i.e., the promise was false.” (Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, 1060 (Beckwith).)...

Excerpt: ...cial notice of four documents. Exhibits A through C are court records. Under Evidence Code section 452, subdivision (d)(1), the records are subject to judicial notice of their existence, contents, and legal effects, but not the truth of statements made therein. Exhibit D, plaintiff's administrative complaint filed with the Department of Fair Employment and Housing is an official act of the executive branch of the State of California subject to ju...

Excerpt: ...missed from this action. The motion is therefore moot as to the seventh cause of action. Plaintiff fails to allege sufficient facts for his sixth cause of action for fraudulent concealment. This cause of action requires that: (1) defendant omitted or concealed a material fact; (2) defendant 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 h...

Excerpt: ...iff argues she never agreed to arbitration because she never received the Employment Dispute Resolution booklet. Even if plaintiff never received the booklet, she agreed to it by communicating her consent to defendant. “Contract formation is governed by objective manifestations, not the subjective intent of any individual involved. The test is what the outward manifestations of consent would lead a reasonable person to believe. ” ( Allen v. S...

Excerpt: ...ry Objections Plaintiff makes six objections to defendants' evidence. All six objections are overruled. Existence of Agreement First, plaintiff denies signing the arbitration agreement. The party moving 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 purpor...

Excerpt: ...t. Plaintiff also moves 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. Ru...

Excerpt: ... 4 is overruled. Enforceability First, defendant argues the agreement is unenforceable because it requires the parties to split the costs of arbitration. “[W]ith respect to arbitration of statutory claims, the employee cannot be required ‘to bear any type of expense that the employee would not be required to bear if he or she were free to bring the action in court.' [Fn.] This means ‘the employer [must] pay all types of costs that are uniqu...

Excerpt: ... Preliminary Injunction “In deciding whether to issue a preliminary injunction, a court must weigh two ‘interrelated' factors: (1) the likelihood that the moving party will ultimately prevail on the merits and (2) the relative interim harm to the parties from issuance or nonissuance of the injunction.” (Butt v. State of California (1992) 4 Cal.4th 668, 677–678 (Butt).) The second factor concerns “the comparative consequences of the issu...

Excerpt: ...the Franchise Tax Board may not prosecute or defend an action. (Cal‐Western Business Services, Inc. v. Corning Capital Group (2013) 221 Cal.App.4th 304, 310.) Suspension R&H is currently suspended. R&H's counsel states the company “regained good standing with the California Secretary of State in late July 2022” (McCreary Decl., ¶ 4) and “was informed that it was back in good standing” on July 16, 2022 (Id., ¶ 5). Plaintiff rebuts thos...

Excerpt: ...ss Plaintiff contends this demurrer is untimely. It was timely filed on July 22, 2022. A demurrer must be filed “within 30 days after service of the complaint.” (CCP § 430.40(a).) As for defendant Shervin Mateen, plaintiff filed proof of service showing substituted service on June 21, 2022, with mailing on June 22. Substituted service “is deemed complete on the 10th day after the mailing.” (CCP § 415.20(b).) Shervin Mateen's 30-day dead...

Excerpt: ...tatute of frauds bars this cause of action. “An agreement authorizing or employing an agent, broker, or any other person to purchase or sell real estate … or to procure, introduce, or find a purchaser or seller of real estate… for compensation or a commission” must be “in writing and subscribed by the party to be charged or by the party's agent.” (Civ. Code, § 1624(a)(4).) “The procurement of a purchaser is not such performance as ...

Excerpt: ...el plaintiffs Zoriall LLC, Anne Kihagi, and Christina Mwangi to serve further responses to supplemental requests for production, set one, No. 1, which asks: Pursuant to Code of Civil Procedure section 2031.050, [each plaintiff/cross-defendant]is asked to review all requests for production of documents previously served on Responding Party by Starr, as well as the responses that were made to those requests and all documents previously produced, an...

Excerpt: ... employee if the employer “knows the employee is unfit, or has reason to believe the employee is unfit or fails to use reasonable care to discover the employee's unfitness.” (Juarez v. Boy Scouts of America, Inc. (2000) 81 Cal.App.4th 377, 395.) In cases involving sexual assault, courts look at whether the employer knew or should have known “the particular risk of molestation by an employee with a history of this specific conduct.” (Evan ...

Excerpt: ... failed to adequately meet and confer to informally resolve these motions. The court finds defendant made a sufficient effort to meet and confer. Plaintiffs' counsel states, “At no time after May 9, 2022, did Starr ever attempt to meet and confer regarding Plaintiffs' objections.” (McClain Decl., ¶ 15.) Starr's counsel, however, sent emails on May 19 and June 7 to meet and confer about these discovery requests. (McClain Decl., Ex. 9.) The at...

Excerpt: ...ent debtor to assign to the judgment creditor… all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments.” Assignable payments include but are not limited to six enumerated types, including “[r]ents.” (CCP § 708.510(a)(2).) Judgment creditors have an unsatisfied judgment against judgment debtor Ninon Aprea. Aprea owns residential property at 727 N. Martel Ave., Los Angeles, CA ...

Excerpt: ... seeks to impose liability based on the alleged bias of the arbitrator or the sponsoring organization.” (Stasz v. Schwab (2004) 121 Cal.App.4th 420, 441.) “In determining whether absolute immunity applies to the conduct of a public or private arbitrator, the courts look at the nature of the duty performed [to determine] whether it is a judicial act.” (La Serena Properties, LLC v. Weisbach (2010) 186 Cal.App.4th 893, 901, internal quotes omi...

Excerpt: ...Anna Marie Pierotti, filed competing petitions to confirm or vacate an arbitration award. “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 vaca...

Excerpt: ...cient facts to constitute this cause of action. “The elements of a cause of action for breach of fiduciary duty are the existence of a fiduciary relationship, its breach, and damage proximately caused by that breach.” (Knox v. Dean (2012) 205 Cal.App.4th 417, 432, internal quotes and citations omitted.) The first amended complaint alleges only the first element. It alleges defendants Kingdom Business Real Estate, Inc. and Rhee were plaintiff'...

Excerpt: ... settle and determine, as between the parties, all conflicting claims to the property in controversy, and to decree to each such interest or estate therein as he [or she] may be entitled to.' ” (Deutsche Bank National Trust Co. v. Pyle (2017) 13 Cal.App.5th 513, 524 .) Quiet title concerns “adverse claims to the title of the plaintiff against which a determination is sought.” (CCP § 761.020(c).) The cross-complaint alleges no adverse or co...

Excerpt: ...tual Allegations Plaintiff alleges sufficient facts for this cause of action. Fraud by omission requires that: (1) defendant omitted or concealed a material fact; (2) defendant 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 omis...

Excerpt: ...auses of action. Defendant contends plaintiff alleges no actionable misrepresentation of fact. “[A]ctionable misrepresentations must pertain to past or existing material facts. … Statements or predictions regarding future events are deemed to be mere opinions which are not actionable.” (Cansino v. Bank of America (2014) 224 Cal.App.4th 1462, 1469.) General statements about quality are puffery and not actionable, unlike factual representatio...

Excerpt: ...d or due or asserted to be owed or due another.” (15 U.S.C. § 1692a(6).) The federal FDCPA thus “does not apply to creditors seeking to collect their own debts; however, the Rosenthal Act does.” ( Best v. Ocwen Loan Servicing, LLC (2021) 64 Cal.App.5th 568, 279 Cal.Rptr.3d 69, 74; accord MacDermid v. Discover Financial Services (6th Cir. 2007) 488 F.3d 721, 734 [defendant “is clearly not a ‘debt collector'; rather, it is the very party...

Excerpt: ...case is currently set for jury trial in this Department on February 22, 2023, with an estimate of seven days. The Supervising Judge of the Civil Division may assign an action to a long cause trial department if the action will have “20 or more days of testimony.” (Local Rule 2.8(e).) The rule provides that the matter is assigned to the “Department where case is assigned, but may be transferred to the Supervising Judge of the Civil Division ...

Excerpt: ...ided as to him under Government Code § 68634(g). Uncertainty Plaintiffs' complaint is uncertain. A complaint is subject to a demurrer for uncertainty if it “is so incomprehensible that a defendant cannot reasonably respond.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695.) A complaint must sufficiently apprise defendants of the claims against them. (Ibid.) The complaint fails to apprise defendant Kuehl of the...

Excerpt: ... – general, 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).) Defendant propounded these discovery requests on February 28, 2022. (Borkenheim Decl...

Excerpt: ...eir reply. Though the records are subject to judicial notice under Evidence Code section 452(c) as official acts of the government or under section 452(d)(1) as court records, none of the records are relevant or necessary to the court's analysis. (See Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn. 6; Appel v. Superior Court (2013) 214 Cal.App.4th 329, 342, fn. 6.) All requests for judicial notice are den...

Excerpt: ...to Judicial Notice Plaintiff David Abbasi alleges that in 2008, he got his brother, defendant Sean Abbasi, to purchase real property for him. (Comp., ¶ 11.) Plaintiff “did not have enough credit to qualify for a loan,” so Sean got a loan and got title to the property in his name. (Ibid.) Plaintiff made all the payments on the home, and Sean agreed that plaintiff “would remain the true owner of the home.” (Ibid.) Plaintiff moved into the ...

Excerpt: ...dant.” (Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 991.) Effective Service of Summons Plaintiff Olivia McCabe fails to meet her burden of proving valid service of process on defendant VMMP. “ ‘A summons is the process by which a court acquires personal jurisdiction over a defendant in a civil action' [citation], and a defendant has an absolute right to demand that process be issued against him in a manner prescribed by law.” (Ma...

Excerpt: ...nce 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).) Requests Regarding Affirmative Defenses Request Nos. 2, 5, 6, 10, 11, 15, and 16 ask about Shields' purported defenses to the cross-complaint. Shields relies on two arguments to support her objections to these requests. First, Shi...

Excerpt: ... 1, 2, 3, 4, and 6 are overruled. Objection No. 5 is sustained for lack of relevance. Plaintiffs' seventh objection is to Nissan's request for judicial notice of an order by the Sacramento County Superior Court from 2016. Though the order is a court record subject to judicial notice under Evidence Code § 452(d), it is not relevant or necessary to the court's analysis. (See Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4...

Excerpt: ...n's opposition to the motion. “Presentation of extrinsic evidence is … not proper on a motion for judgment on the pleadings.” (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) The declaration is an improper attempt to introduce extrinsic evidence. All five objections are sustained. Summary of the Complaint's Allegations This action primarily concerns commercial property at 6228 Fulton Avenue, Unit 108, Van Nuys, California 9...

Excerpt: ...ing served a valid objection. (CCP § 2025.450(a).) On April 4, 2022, plaintiff served a notice of defendant Porsche Cars North America, Inc.'s person(s) most qualified. (Galaviz Decl., ¶ 3, Ex. 1.) Defendant responded with numerous objections, but ultimately agreed to produce a witness on seven of nine matters of examination and to produce some documents in response to 10 out of 12 document requests. (Id., Exs. 5-6.) After meeting and conferrin...

Excerpt: ...al of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Courts have discretion to deny leave to amend when (a) the moving party has delayed bringing the proposed amendment; and (b) the delay in seeking leave to amend will cause prejudice to an opposing party. (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490.) Permitting plaintiffs to file the fourth amended complaint is in furtherance of...

Excerpt: ... case and contentions of the other party so that they may be fully prepared for trial. An important benefit of the proper compliance with discovery obligations is that it also allows the parties to intelligently discuss settlement. Often, when the information is provided, the differences between the parties is diminished as each side appreciates the information. It is important that parties not engage in conduct which impedes this proper exchange...

Excerpt: ...t 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.) A cause of action for fraud requires specifically pleading each element. (Alfaro v. Community Housing Improvement Sys...

Excerpt: ...hich means when “the ‘transaction' in fact ‘involv[es]' interstate commerce, even if the parties did not contemplate an interstate commerce connection.” (Allied-Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 281.) Interstate commerce is interpreted broadly. “Congress' Commerce Clause power ‘may be exercised in individual cases without showing any specific effect upon interstate commerce' if in the aggregate the economic...

Excerpt: ...laint.” (Code Civ. Proc., § 431.10, subd. (b)(3).) Los Angeles Municipal Code § 49.99.3 Defendant contends plaintiff T-A Fashion (USA), LLC cannot recover interest or late fees under Municipal Code § 49.99.3, which provides, “[N]o Owner shall endeavor to evict or evict a tenant of Commercial Real Property for non-payment of rent during the Local Emergency Period if the tenant is unable to pay rent due to circumstances related to the COVID-...

Excerpt: ...se 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).) Form Interrogatories Defendants move to compel further responses to form interrogatories Nos. 6.3, 6.4, 6.5, 6.7, 10.1, 10.2, 10.3, 11.1, 11.2, and 17.1 (regarding requests for admission Nos. 1-6 and 8). Plai...

Excerpt: ...ayer for relief, and Exhibit B. Courts may strike portions of an amended pleading that are outside the scope of the order granting leave to amend. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal. App. 4th 1018, 1023.) On the final status conference on June 10, 2022, the court granted plaintiff's oral motion for leave to file a fifth amended complaint. The court's order permitted plaintiff to amend the complaint to add two additional theories of ...

Excerpt: ...ties did not contemplate an interstate commerce connection.” (Allied-Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 281.) Interstate commerce is interpreted broadly. “Congress' Commerce Clause power ‘may be exercised in individual cases without showing any specific effect upon interstate commerce' if in the aggregate the economic activity in question would represent ‘a general practice… subject to federal control.' [Citat...

Excerpt: ...e Los Angeles Times. In August 2013, he was demoted to a reporter. Shortly thereafter, Simers obtained a columnist position with a rival newspaper and filed this action against defendant for constructive termination and age and disability discrimination in violation of the Fair Employment and Housing Act, Government Code section 12940 et seq. (FEHA). There have been three jury trials in this case. In the first, the jury found defendant was liable...

Excerpt: ...these causes of action in two ways. First, a defendant “employer” is liable for its own prohibited conduct. (Gov. Code, § 12940, subds. (a), (h), (k), (m), (n).) Second, FEHA provides it is unlawful “[f]or any person to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this part, or to attempt to do so.” (Gov. Code, § 12940, subd. (i).) On demurrer, courts disregard legal conclusions, and instead “exami...

Excerpt: ...otion for summary judgment. Plaintiff lodged four volumes of exhibits conditionally under seal. California Rules of Court, rule 2.550(d) provides: A court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the ov...

Excerpt: ...r to causes of action made against another party who has not appeared in this case, the FACC alleges sufficient facts for each cause of action against Kang. Any “person acting on behalf of an employer, who violates, or causes to be violated” the provisions of the Labor Code and regulations regarding “minimum wages or hours and days of work . . . may be liable as the employer for the violation.” (Lab. Code, § 558.1(a).) This provision is ...

Excerpt: ...atter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010.) Defendant objects to numerous matters of examination and document requests as overbroad because they do not concern plaintiff's vehicle itself. Matter Nos. 8-9 and 11- 12 and document request Nos....

Excerpt: ...ents argue, “[T]he filing is nothing more than a notice of motion, supporting memorandum of points of authorities and counsel declaration. There is no ‘petition' setting forth factual allegations to admit or deny as provided for by Code of Civil Procedure section 1290.” (Response, p. 1.) “A proceeding under this title in the courts of this State is commenced by filing a petition. … The allegations of a petition are deemed to be admitted...

Excerpt: ...ts an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. Code of Civil Procedure § 372.5(c) provides requirements specifically fo...

Excerpt: ...t show “that one or more elements of the cause of action… cannot be established, or that there is a complete defense to the cause of action.” (CCP § 437c(p)(2).) Once the defendant does so, the burden shifts to the plaintiff to show a triable issue of at least one material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) Undisputed Facts In 2008, plaintiff retained defendants to represent him in a petition to reopen a ...

Excerpt: ...n did not appear for the examination. (Miller Decl., ¶ 2.) Friedman took the position that no examination could occur because he filed a motion for reconsideration. (Miller Decl., ¶ 6; Friedman Decl., ¶ 3.) Moving for reconsideration does not automatically stay a court's order. Friedman has not posted a bond, which would stay enforcement of the judgment and any judgment debtor's examination. In addition, the court notes that though Friedman cl...

Excerpt: ... its face that the statute [of limitations] bars the action.” (E‐Fab, Inc. v. Accountants, Inc. Services (2007) 153 Cal.App.4th 1308, 1315.) “[T]he defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows merely that the action may be barred.” (Id. at p. 1316.) The court must determine which statute of limitations applies and when the claim accrued. (Ibid.) The applicable statute...

Excerpt: ...o the area on the south side of their property. A court may modify or dissolve a preliminary injunction “upon a showing of a material change in the facts” or a change in the law “upon which the injunction… was granted,” “or that the ends of justice would be served by the modification or dissolution of the injunction.” (CCP § 533.) Defendants fail to meet their burden of showing a material change that justifies modifying or dissolvi...

Excerpt: ...s disproportionate to the anticipated damages caused by the default. (Vitatech International, Inc. v. Sporn (2017) 16 Cal.App.5th 796, 805 (Vitatech); Sybron Corp. v. Clark Hosp. Supply Corp. (1978) 76 Cal.App.3d 896, 898- 899.) In Vitatech, the plaintiff prayed for $166,372.14 in damages. The parties settled via a stipulation providing that judgment shall be entered for the full amount prayed for in the complaint, but plaintiff would accept $75,...

Excerpt: ...nvalid, unless they, or some note or memorandum thereof, are in writing and subscribed by the party to be charged or by the party's agent.” (Civ. Code, § 1624(a)(3).) None of the emails are subscribed by cross-defendant Gila Standring. Mark Standring sent the attached emails. (SACC, Exs. 1-3.) Gur therefore fails to state sufficient facts to constitute a cause of action against Gila Standring. Gur's opposition does not address this argument. T...

Excerpt: ...ome of arbitration; 2. Defendants Moss Adams and Dhaliwal's demurrer to plaintiff Linda Chen's second amended complaint (SAC); 3. Defendants Moss Adams and Dhaliwal's motion to strike portions of the SAC; and 4. Informal discovery conference. MOTION TO STAY Moss Adams and Dhaliwal move to stay this action against them until resolution of the arbitration ordered between plaintiff Chen and former defendant Arable Capital Partners, LLC (Arable). Bac...

Excerpt: ...r uncertainty is sustained when the pleading fails to sufficiently apprise defendants of the claims against them. (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695.) “Demurrers for uncertainty are disfavored, and are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond.” (Ibid., alterations and internal quotes omitted.) Defendant purports to demur for uncertainty, but ins...

Excerpt: ...s of a limited partnership. The partnership owns real property in Los Angeles. In his verified complaint, Bruce alleges “it is not reasonably practicable to continue to carry on the affairs” of the partnership (¶ 37) and prays for an order dissolving the partnership. Defendants agree that the limited partnership should be dissolved and seek to purchase Bruce's share. In February 2019, the court granted defendants' motion invoking a statutory...

Excerpt: ... its dealership, defendant South Bay Hyundai. Hyundai moved to compel arbitration pursuant to the retail installment sales contract (RISC) between South Bay Hyundai and plaintiffs. Before that motion was heard plaintiffs dismissed South Bay Hyundai. The court nonetheless granted Hyundai's motion to compel arbitration by its order dated February 8, 2022. On March 7, 2022, plaintiffs filed a demand for arbitration with JAMS. JAMS sent Hyundai an in...

Excerpt: ...ent, dismissal, order, or other proceeding taken against him or her through his or her mistake, 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.) Where the defendants are diligent in seeking relief and the oppo...

Excerpt: ...l only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. Plaintif...

Excerpt: ...leadings is granted with leave to amend, the court may enter judgment if the plaintiff does not timely file an amended complaint. (CCP § 438, subds. (h)(4)(C), (i)(1)(B).) West Sunset did not timely a file an amended complaint after the court granted judgment on the pleadings. On April 11, 2022, the court granted judgment on the pleadings for Outfront on West Sunset's cross-complaint. The court gave West Sunset 30 days' leave to amend. Outfront ...

Excerpt: ...efines “personnel records” to include “[c]omplaints, or investigations of complaints, 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 “[a]ffidavits showing good cause for the discovery or disclosure sought, setting forth the materiality thereof to the subject ...

Excerpt: ... duty to use due care, a breach of such legal duty, and the breach as the proximate or legal cause of the resulting injury.” (Beacon Residential Community Assn. v. Skidmore, Owings & Merrill LLP (2014) 59 Cal.4th 568, 573.) Plaintiffs allege facts under which defendants owed them a duty of care. “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 s...

Excerpt: ...ent lien; (4) $40 for issuing writ of execution; (5) $3,533.78 in postjudgment interest; (6) $120 in filing fees for both motions to fix costs; (7) e-filing fees of $164.41; and (8) attorney fees of $58,067.50. All items except numbers 5 and 8 are fully recoverable as costs of enforcing the judgment. Postjudgment interest is not a cost of enforcing a judgment. It is not a cost at all. It automatically accrues regardless of whether the judgment cr...

Excerpt: ...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).) Plaintiff is entitled to further responses to Nos. 4.1, 7.1, 7.2, 9.1, and 9.2. Defendant objected to each interrogatory as premature. That is not a valid objection. “A plaintiff may propound interrogatories to a party with...

Excerpt: ...or Court (2006) 38 Cal.4th 1177, 1198.) “The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 552.) If the objecting party shows all three elements, then the court must balance the need for disclosure against the right to privacy. (Ibid.)...

Excerpt: ...ntentionally 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.) A cause of action for fraud requires specifically pleading each element. (Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (200...

Excerpt: ...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).) Form interrogatory (general) No. 12.1 asks: State the name, ADDRESS, and telephone number of each individual: (a) who witnessed the INCIDENT or the events occurring immediately before or after the INCIDENT; (b) who made any stat...

Excerpt: ...ence because they “are simply looking for indemnification.” (Demurrer, p. 7.) Defendants rely on Norco Delivery Service, Inc. v. Owens Corning Fiberglas (1998) 64 Cal.App.4th 955 (Norco), which does not apply. There, the court stated, “Following a good faith determination, the judge doubtless may dismiss disguised or artfully pleaded claims for indemnity or contribution — i.e., causes of action purporting to state direct claims but which,...

Excerpt: ... “inability to testify on [his] own behalf” in a civil proceeding can make “asserting that privilege ‘costly.' ” (Ibid.) Where “a defendant's silence is constitutionally guaranteed, the court should weigh the parties' competing interests with a view toward accommodating the interests of both parties, if possible. An order staying discovery until expiration of the criminal statute of limitations would allow [plaintiffs] to prepare thei...

Excerpt: ...e documents regarding a different property and a different borrower. (Cara Decl., Ex. A, Proposed SAC, Exs. A-F.) Only Exhibit G is correct. The court sustained the demurrer to the initial complaint because it included the same incorrect exhibits plus allegations about the wrong borrower and property. Plaintiffs also do not mention that or explain why the proposed second amended complaint replaces defendant Clear Recon Corp. from the first amende...

Excerpt: ...es for electronic filing or service, and the memorandum should claim $12,174.17. Prevailing Party Defendants contend plaintiff and cross-defendants were not the prevailing parties. They were. “ ‘Prevailing party' includes the party with a net monetary recovery” and “a defendant as against those plaintiffs who do not recover any relief against that defendant.” (CCP § 1032(a)(4).) Plaintiff Financial Consulting Help Center, Inc. is a pre...

Excerpt: ...sity; (3) an intent to defraud; (4) justifiable reliance; and (5) damages. (Ryder v. Lightstorm Entertainment, Inc. (2016) 246 Cal.App.4th 1064, 1079.) “The elements of negligent misrepresentation are ‘(1) the misrepresentation of a past or existing material fact, (2) without reasonable ground for believing it to be true, (3) with intent to induce another's reliance on the fact misrepresented, (4) justifiable reliance on the misrepresentation...

Excerpt: ...s disposition of the property in a manner that is inconsistent with the plaintiff's property rights; and (3) resulting damages.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 119.) “Conversion is the wrongful exercise of dominion over the property of another. The elements of a conversion are the plaintiff's ownership or right to possession of the property at the time of the conversion; the defendant's conversion b...

Excerpt: ... timely respond to requests for admission, the requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted. (CCP § 2033.280(b).) Failure to timely respond to requests for admission also waives any objection. (CCP § 2033.280(a).) On March 15, 2022, defendant RN Hospitality Inc. served requests for admission, set two, on plaintiff Zuryzadey Ortiz. (Ahn Decl...

Excerpt: ...for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment.” (Cal. Rules of Court, rule 3.1800(a)(7).) Plaintiff's first amended complaint names defendants Hugo Alex Zacarias, Jose Cuarenta-Jimenez, Richard J. Kim, and Does 1 through 10. Plaintiff did not request dismissal of defendants Hugo Alex Zacarias (who has answered), Jose Cuarenta-Jimenez, or Does 1-10. ...

Excerpt: ... for Medical Records Defendants issued subpoenas for nine categories of medical records: (1) medical treatment; (2) medical/health conditions (both physical and mental); (3) notes made by doctors, nurse practitioners, nurses, technicians, social workers, or other staff; (4) billing and payment information; (5) medical prescriptions; (6) diagnosed conditions (both physical and mental); (7) medical referrals; (8) communications to/from insurers or ...

Excerpt: ...� (CCP § 425.16(c)(1).) Defendants who achieve “partial success” are only “entitled to recover attorney fees and costs incurred in moving to strike the claims on which they prevailed.” (ComputerXpress, Inc. v. Jackson (2001) 93 Cal.App.4th 993, 1020.) But defendants who achieve an “illusory victory” with no practical result are not prevailing parties and cannot recover their expenses. (Moran v. Endres (2006) 135 Cal.App.4th 952, 955 ...

Excerpt: ...ds there were excessive damages (§ 657, subd. 5), insufficiency of the evidence (§ 657, subd. 6), and errors in law (§ 657, subd. 7). The court cannot grant a motion for new trial based on excessive damages or insufficiency of the evidence “unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that [the court] clearly should have reached a different . . . decision.” (Co...

Excerpt: ...], directly or indirectly, the interruption or termination of any utility service… furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utility service is under the control of the landlord.” (Civ. Code, § 789.3(a).) The first amended complaint alleges, “Plaintiff did not have any utilities at the Premises, including but not limited to water, hea...

Excerpt: ... 1008(a).) Plaintiff contends the court erred in denying ex parte relief. The court denied her ex parte application for this order because she failed to show “irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.” (Cal. Rules of Court, rule 3.1202(c).) The court has an interest in only dealing with emergencies on an ex parte basis. When an ex parte motion is filed, ... [t]he judge drops everything exce...

Excerpt: ...n Friedman v. Conquest Capital Partners, LLC, Case Number BC645760 (First Action); 2. The demurrer of defendants Brixton Capital, L.P. and Triumph Capital Partners, LLC to the third amended complaint in Friedman v. Triumph Capital Partners, Inc., Case Number 19STCV26681 (Second Action); 3. The demurrer of defendants OG Capital, LLC and Oliver Austria to the third amended complaint in the Second Action; and 4. The special motion to strike of defen...