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: ...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: ...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...

Excerpt: ... rule 3.1300(d).) Plaintiff filed an opposition only four court days before the hearing, thereby depriving defendant of an opportunity to reply. Plaintiff also submitted a second amended complaint five court days before this hearing. She had no right to do so under Code of Civil Procedure section 472(a). However, permitting the second amended complaint would serve the interests of justice and judicial economy. Considering the merits of defendant'...

Excerpt: ...ndant's Person Most Knowledgeable witness(es) renders Honda's attempt to ‘meet and confer' with Plaintiff meaningless.” (Opps., p. 3.) That is not a failure to meet and confer. “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) Whether defendant cooperated with plaintiff's discovery requests...

Excerpt: ...ir answers are identical. Plaintiff demurs to four purported affirmative defenses alleged in each answer. Rather than denying the plaintiff's allegations, affirmative defenses assert new allegations that would defeat the plaintiff's claims. (CCP § 431.30(b); FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 383-385.) Affirmative defenses must not be pled as “terse legal conclusions,” but “rather … as facts averred as carefull...

Excerpt: ...��This discretion should be exercised liberally in favor of amendments, for judicial 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...

Excerpt: ...r of the court.” (CCP § 436(b).) “This provision is commonly invoked to challenge pleadings filed in violation of a deadline, court order, or requirement of prior leave of court.” (Ferraro v. Camarlinghi (2008) 161 Cal.App.4th 509, 528.) The initial cross-complaint was not filed in conformity with a court order. On December 16, 2022, the court granted R&H's motion for leave to file a cross- complaint and ordered R&H to file the cross-compl...

Excerpt: ...it to a claim for damages, as specified in Section 3294 of the Civil Code.” (CCP § 437c(f)(1).) “A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Ibid.) This subdivision “does not permit summary adjudication of a single item of compensatory damage which does not dispose of an entire cause of action.” (DeCastro West...

Excerpt: ...n Agreement Does Not Apply to Mildred Reed's Cause of Action for Wrongful Death Plaintiff Mildred Reed brings a cause of action for wrongful death against defendant. Though decedent Raymond C. Reed signed the arbitration agreement (Natoli Decl., Ex. B), Mildred Reed dd not sign it and is not bound by it. “As a general rule, a party cannot be compelled to arbitrate a dispute that he or she has not agreed to resolve by arbitration.” (Daniels v....

Excerpt: ...owable. “ ‘An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may nevertheless be recoverable in the discretion of the court if “reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (§ 1033.5, subd. (c)(2).)' ” (Sanford v. Rasnick (2016) 246 Cal.App.4th 1121, 1128 (Sanford).) All costs awarded by the court must be reasonable and...

Excerpt: ...tion as to the moving defendants for forum non conveniens.” (Aug. 24, 2023 Minute Order, p. 7.) Courts use a two-step process in applying forum non conveniens. “[A] court must first determine whether the alternate forum is a ‘suitable' place for trial. If it is, the next step is to consider the private interests of the litigants and the interests of the public in retaining the action for trial in California.” (Stangvik v. Shiley Inc. (199...

Excerpt: ... F-150” that “was/is” a “new motor vehicle” under the Song-Beverly Consumer Warranty Act, Civil Code section 1790 et seq. (Song-Beverly Act or Act). (FAC ¶¶ 5, 6.) Although Ayala alleges that she “received written warranties” (FAC ¶ 7), she does not allege from whom she purchased the vehicle. Ayala further alleges that the vehicle had certain defects covered by the warranty and that she presented the vehicle on at least two separ...

Excerpt: ...r than denying the plaintiff's allegations, affirmative defenses assert “new matter constituting a defense” that would defeat the plaintiff's claims. (CCP § 431.30(b)(2); accord FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 383-385.) Affirmative defenses must not be pled as “terse legal conclusions,” but “rather … as facts averred as carefully and with as much detail as the facts which constitute the cause of action a...

Excerpt: ...tion 2025.410.” (CCP § 2025.450(a).) Meet and Confer Plaintiff did not adequately meet and confer before filing this motion as required under Code of Civil Procedure sections 2016.040 and 2025.450(b)(2). “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) Plaintiff's declaration in support of ...

Excerpt: ...h of contract (lease agreement), (2) breach of warranty of habitability, (3) breach of covenant of quiet enjoyment, (4) collection of rent on substandard dwelling, and (6) retaliatory eviction. Defendant Valente demurs on the basis that the complaint does not allege any landlord/tenant relationship between her and plaintiffs. These causes of action are only properly alleged against plaintiffs' landlords. For example, “[t]o prove breach of contr...

Excerpt: ...ms. (CCP § 431.30(b); FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 383-385.) Affirmative defenses must not be pled as “terse legal conclusions,” but “rather … as facts averred as carefully and with as much detail as the facts which constitute the cause of action and are alleged in the complaint.” (In re Quantification Settlement Agreement Cases (2011) 201 Cal.App.4th 758, 812-13, internal quotes and citations omitted.)...

Excerpt: ...ract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) A complaint alleging breach of contract “may plead the legal effect of the contract” and is not required to attach the contract or plead its terms verbatim. (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 18...

Excerpt: ...the notice may move for an order compelling the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.” (CCP § 2025.450(a).) After defendant filed this motion, plaintiff The Law Offices of Jacob Emrani produced the requested documents. Berriz still seeks $3,085 in monetary sanctions against plaintiff. “The court may award sanctions under the Discovery Act in favor o...