Excerpt: ...unding interrogatories may move to compel further responses when an answer “is evasive or incomplete,” “[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).) Code of Civil Procedure section 2030.220 provides how a party must answer interrogatori...

Excerpt: ...ree causes of action allege violations of the Franchise Investment Law (FIL), Corporations Code section 3100, et seq. Defendants argue plaintiffs have no standing to sue under that law because they do not qualify as “franchisees.” The law “grant[s] standing to sue for violations of the Franchise Investment Law to franchisees or subfranchisors.” (Dameshghi v. Texaco Refining & Marketing, Inc. (1992) 3 Cal.App.4th 1262, 1284, overruled on o...

Excerpt: ...ause of action. Intentional infliction of emotional distress requires: “(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct.” (Hughes v. Pair (2009) 46 Cal.4th 1035, 1050....

Excerpt: ...ion transcripts. Legal Standard for Sealing Records 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 overriding interest will be prejudiced if the ...

Excerpt: ... against Kelly Seidlitz and Annette Seidlitz. “If a party” disobeys an “an order compelling further response to interrogatories, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction … . In lieu of, or in addition to, that sanction, the court may impose a monetary sanction.” (Code Civ. Proc., § 2030.310, subd. (e).) Kelly Seidlitz and Annette Seidli...

Excerpt: ... set one. When a party fails to timely respond to interrogatories, the requesting party may move for an order compelling responses. (CCP § 2030.290(b).) Failure to timely respond waives any objections. (CCP § 2030.290(a).) Gibson served special interrogatories, set one, on plaintiff on January 4, 2023. (Rosenthal Decl., ¶ 2, Ex. A.) Plaintiff had not served responses as of July 27, when Gibson filed this motion. (Id., ¶ 3.) Plaintiff did not ...

Excerpt: ...rogatories, and requests for production of documents. 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).) On May 24, 2023, defendant Carrington Mortgage Services, LLC served set one of for...

Excerpt: ...P Plaintiff Ugo O. Asobie moves to compel further responses by defendant Universal Protection Services, LP (Universal) to special interrogatories Nos. 1-72, 79, 80, 89, and 90. A party propounding interrogatories may move to compel further responses when an answer “is evasive or incomplete,” “[a]n exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate,...

Excerpt: ...� (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 follow the normal procedures of document authentication.' ” (Id. at p. 1058.) Only aft...

Excerpt: ... returns a verdict 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 resolv...

Excerpt: ...arty shows that an action must be decided in its favor as a matter of law. (CCP § 437c(f)(1); Villa v. McFerren (1995) 35 Cal.App.4th 733, 741.) A moving defendant must 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 moving party does so, the burden shifts to the opposing party to show a triable issue of at least one ma...

Excerpt: ...cts 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) 123 Cal.App.3d 593,...

Excerpt: ...anty of merchantability against all defendants, (3) negligent repair against all defendants, (4) misrepresentation against all defendants, and (5) violation of the Magnuson-Moss Warranty Act (Magnuson-Moss Act) against Hyundai Motor America. 2022 Owner's Handbook & Warranty Information Section 4 of plaintiff's vehicle owner's handbook and warranty information provides that “for California vehicles only,” “you and we, Hyundai Motor America, ...

Excerpt: ...ges four causes of action: 1. breach of loan agreement, 2. fraud, 3. common count, and 4. rescission. The motion does not mention plaintiff's causes of action for fraud or rescission. Legal Standard A plaintiff moving for summary adjudication 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...

Excerpt: ... signatures on a new contract with different terms (Opp. Ex. 2). Plaintiffs oppose the motion on the grounds that they never agreed to arbitrate these disputes because they did not sign the contract. They do not, however, dispute entering the first agreement. The question for this motion is thus whether, by signing the first agreement, plaintiffs agreed to arbitrate disputes arising from the alleged forgery of a second contract. “In light of Ca...

Excerpt: ...ff Ido Erlich Webber requests judicial notice of eight exhibits. Exhibits A through E are five LLCs' statements of information filed with the Secretary of State. Exhibits F, G, and H are three certificates of limited partnerships filed with the Secretary of State. These documents are subject to judicial notice because they are public records not reasonably subject to dispute and capable of immediate and accurate determination by resort to the Sec...

Excerpt: ...ntiff's declaration. All 14 objections are overruled. Delegation to Arbitrator Defendant argues an arbitrator, not the court, should determine whether the parties' arbitration agreement must be enforced. “Parties to an arbitration agreement may agree to delegate to the arbitrator, instead of a court, questions regarding the enforceability of the agreement. [Citation.] They ‘can agree to arbitrate almost any dispute—even a dispute over wheth...

Excerpt: ...5) 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) determine whether the opposition has demonstrated the existence of a triable, material factual issue.” (Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) Sixth Cause of Action for Fraud Defendant does not meet its initial burden of ne...

Excerpt: ...s such a dispute, plaintiff cannot be compelled to arbitration. Defendants argue the EFAA does not apply because the law is not retroactive, and plaintiff's cause of action for harassment accrued before it was enacted. The court agrees the EFAA “does not apply retroactively.” (Murrey v. Superior Court (2023) 87 Cal.App.5th 1223, 1230 (Murrey).) Instead, the law applies “with respect to any dispute or claim that arises or accrues on or after...

Excerpt: ...l 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).) “[T]he Legislature intended courts to apply the statute's payment deadline strictly.” (Espinoza v. Superior Court (2022) 83 Cal.App.5th 761, 771.) “[T]he triggering event is nothing more than nonpayment of fees within the 30-day period—the statute sp...

Excerpt: ...another action, Jennifer Medvin v. Dignity Health, et al., No. 20STCV07382. Plaintiff requests judicial notice of two other documents from that action: (1) notice of settlement and (2) request for dismissal of the entire action. All three documents are court records whose existence and legal effects are subject to judicial notice under Evidence Code § 452(d). (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120.) All three re...

Excerpt: ...tion 1102.5. Both require that defendants employed plaintiffs. (Miklosy v. Regents of University of California (2008) 44 Cal.4th 876, 901 [a “cause of action for wrongful termination in violation of public policy lies only against an employer”]; Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703, 709 [“section 1102.5 prohibits an employer from retaliating against an employee”].) Defendants argue plaintiffs have not alleged s...

Excerpt: ...he declaration of Michael D. Chang and six objections to the declaration of Heather N. Blackinton. All objections are overruled. Service on LLCs Judgment creditor shows adequate proof of service on the four LLCs. “A lien on a judgment debtor's interest in a partnership or limited liability company is created by service of a notice of motion for a charging order on the judgment debtor and on either of the following: [¶] (2) All members or the l...

Excerpt: ...or law are claimed to be shown.” (Ibid.) The moving party must also show diligence and explain why he or she could not have presented the new or different facts or law earlier. (California Correctional Peace Officers Assn. v. Virga (2010) 181 Cal.App.4th 30, 46; Baldwin v. Home Sav. of America (1997) 59 Cal.App.4th 1192, 1200.) Plaintiff does not meet this standard. All of plaintiff's arguments and the new or different facts, circumstances, or ...

Excerpt: ...sues 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) determine whether the opposition has demonstrated the existence of a triable, material factual issue.” (Hinesley v. Oakshade Tow...

Excerpt: ...FCF Holdings LLC, fka FSLA Holdings LLC (FSLA) move for summary judgment or, in the alternative, summary adjudication on the causes of action asserted by plaintiff and cross-defendant Santos Laguna, S.A. de C.V. (Santos) in its First Amended Complaint. Santos moves for summary adjudication of the sole remaining cause of action in FSLA's Cross-Complaint, its first cause of action for breach of contract. I. Legal Standard The court may grant summar...

Excerpt: ...ejudice on January 4, 2023. Plaintiff therefore cannot obtain judgment against Sharma. Unknown Defendants Plaintiff's second amended complaint names as defendants all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to plaintiff's title under Code of Civil Procedure section 762.060(a). Those defendants have “the same rights as are provided by law in cases...

Excerpt: ...to produce responsive documents, and to attend a second session of his deposition. This motion is procedurally defective. As defendant acknowledges, discovery is closed. (Motion, pp. 12-13.) “[A]ny party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.” (CCP § ...

Excerpt: ...ts for judicial notice are granted. Demurrer Defendants Marc A. Collins, Azim Khanmohamed, and Collins & Khan LLP demur to the second and third causes of action alleged in the second amended complaint by plaintiffs Marshall Knoll and Reni Knoll, as an individual and in his capacity as trustee of the Hawkland Living Trust. 2nd Cause of Action: Extortionate Threats Plaintiffs do not allege sufficient facts for this cause of action. Civil extortion ...

Excerpt: ...17, Koplowitz filed a motion to quash service of summons and vacate her default. The court first heard the motion on December 6, 2017. The court's minute order notes process server Henrik Agasyan testified and was “ordered to return on” January 5, 2018. On January 5, 2018, Agasyan testified again. The court denied Koplowitz's motion. Koplowitz moved for reconsideration of that order and to vacate her default. On March 19, 2018, the court hear...

Excerpt: ...rising from the noise produced by defendants' air conditioning (AC) and pool equipment. The court ordered defendants to move all their AC and pool equipment to the area on the south side of their property—away from plaintiffs' property to the north. Defendants now seek an order dissolving the injunction or modifying it to permit them to relocate their two AC condensers to the roof of their property. A court may modify or dissolve a preliminary ...

Excerpt: ...cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.” Rather than disclosing an actual violation of law, “the employee must show only that he or she reasonably believed that there was a violation of a statute, rule, or regulation.” (Nejadian v. County of Los Angeles (2019) 40 Cal.App.5th 703, 719 [contrasting subdivisio...

Excerpt: ...de § 452(d). (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120.) Defendant also requests judicial notice of “The State Bar of California's listing of licensed attorneys (calbar.ca.gov) which shows neither Janice Deutsch or Duff Shidaker are licensed to practice law in the State of California.” That fact is subject to judicial notice as an official act of the judicial department and a fact not reasonably subject to disp...

Excerpt: ...n essential testimony, documents, or other material evidence despite diligent efforts” indicates good cause. (Rule 3.1332(c)(6).) Plaintiff shows good cause to continue the trial by 90 days. Plaintiff has shown an excused inability to obtain essential testimony or other evidence despite diligent efforts. Plaintiff's deposition of defendant Chong H. Park shows plaintiff could not obtain essential evidence despite diligent efforts. After Chong H....

Excerpt: ...omplaint. (2) Set forth the facts on which the plaintiff seeks to recover. (3) Describe the premises with reasonable certainty. (4) If the action is based on paragraph (2) of Section 1161, state the amount of rent in default. (5) State specifically the method used to serve the defendant with the notice or notices of termination upon which the complaint is based.” The complaint meets all five requirements. First, it includes a verification and t...

Excerpt: ...rty as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” (CCP § 128.5(a).) “ ‘Actions or tactics' ” include, but are not limited to, the making or opposing of motions or the filing and service of a complaint, cross-complaint, answer, or other responsive pleading.” (Id., subd. (b)(1).) “ ‘Frivolous' means totally and completely without merit or for the sole purpose ...

Excerpt: ... are sustained. Objection Nos. 1 and 2.a, 2.b, 2.e, and 2.g-2.n are overruled. Lifting Stay On August 22, 2022, the court issued an order finding this civil action related to the unlawful detainer action and staying the unlawful detainer action. The court ordered the stay is subject to the following conditions: “(1) David Abbasi must pay defendant Jerry Davidson his monthly mortgage costs; (2) David Abbasi must pay Jerry Davidson all taxes on t...

Excerpt: ...misrepresentation, (3) concealment, and (4) negligent concealment. The fifth cause of action alleges comparative indemnity. Cross-defendants' demurrer does not directly address the elements of any of these causes of action. The demurrer argues that the first amended cross-complaint's claims all arise from the complaint by plaintiff Arcadia Ramos against defendant/cross-complainant Salvador for various wage and hour violations under the Domestic W...

Excerpt: ...he complaint is part of the court's file in this action. Defendants' request for judicial notice is denied. Plaintiff requests judicial notice of 26 facts or exhibits labeled A through Z. Assuming any of those facts or documents may be subject to judicial notice under Evidence Code section 452, they are not relevant or necessary to the court's analysis. (See Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn....

Excerpt: ...er, 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.) Defendants present sufficient evidence that their defaults and the default judgment...

Excerpt: ...uction, 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 served form interrogatories – general, set one and request for production, set one by mail to plaintiff on ...

Excerpt: ...f 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.) Plaintiff's second amended complaint is not uncertain. It clearly and concisely alleges the basis for defendant's liability. Plaintiff alleges she had surgery at Cedars- Sinai in 1995. (SAC, ¶ 5.) “Duri...

Excerpt: ...hich the opposing party has relied on the absence of a list of expert witnesses. (b) The court has determined that any party opposing the motion will not be prejudiced in maintaining that party's action or defense on the merits. (c) The court has determined that the moving party did all of the following: (1) Failed to submit the information as the result of mistake, inadvertence, surprise, or excusable neglect. (2) Sought leave to submit the info...

Excerpt: ...ing Act (FEHA) based on disability, including the portions of the first and second causes of action for discrimination and harassment, the ninth cause of action for failure to provide reasonable accommodation, and the 10th cause of action for failure to engage in the interactive process. A party may move to “[s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of th...

Excerpt: ...ll 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.) Evidentiary Objections Koplowitz makes 14 objections to the declaration of Robert Shtofman in support of Sunset's petition to vacate the arbitration award. Objection Nos. 1, 3, and 7-14 are sustained. Objection Nos...

Excerpt: ...se discovery disputes. These disputes carried on for months. Plaintiff's counsel made numerous attempts to meet and confer over that time. In the circumstances, these efforts were sufficient. Requests for Admission Plaintiff Dana Moon moves to compel defendant Chong H. Park to serve further responses to requests for admission Nos. 8, 10, 22, 23, 24, 36, 37, 41, 42, 43, 66, 80, 84, 97, 103, and 105. A party requesting admissions may move to compel...

Excerpt: ...ation any matter relevant to the leave requested, including, but not limited to, the following: (1) The necessity and the reasons for the discovery. (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier. (3) Any likelihood that permitting the discovery or hearing the discovery motion wil...

Excerpt: ...antively identical to a general demurrer—after the time to demur has expired. (CCP § 438(f)(2); Korchemny v. Piterman (2021) 68 Cal.App.5th 1032, 1054-1055 [defendant may move for judgment on the pleadings under § 438 or under common law].) Overruling the demurrer because it is late would thus serve no useful purpose. The court will treat Aaron Green's demurrer as a motion for judgment on the pleadings. 2nd Cause of Action for Fraud Against A...

Excerpt: ...not meet and confer with defendant Farmers Group, Inc. as required before moving to compel the deposition of its person(s) most qualified. A motion to compel deposition under Code of Civil Procedure section 2025.450, subdivision (a) “shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described i...

Excerpt: ...greement. Equitable Estoppel Defendants rely on the doctrine of equitable estoppel and the opinion in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 (Felisilda). “[A] nonsignatory defendant may invoke an arbitration clause to compel a signatory plaintiff to arbitrate its claims when the causes of action against the nonsignatory are intimately founded in and intertwined with the underlying contract obligations.” (Id. at p. 495.) After defen...