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...

Excerpt: ...l case other than a juvenile case is entitled to costs on appeal.” Rule 8.278(a)(2) provides, “The prevailing party is the respondent if the Court of Appeal … dismisses the appeal.” On April 10, 2022, plaintiff appealed the judgment. On January 5, 2023, the Court of Appeal dismissed the appeal. The Court of Appeal issued a remittitur on March 9, 2023. Medicali Holdings Inc. and Charles Weinberger were the respondents. Because the Court of...

Excerpt: ...his provision, courts may strike a pleading that is not signed. (Vaccaro v. Kaiman (1998) 63 Cal.App.4th 761, 768.) “Every pleading shall be subscribed by the party or his or her attorney.” (CCP § 446(a).) “An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.” (CCP § 128.7(a).) “[A]n unsigned complaint is an irregularity, rather than a ...

Excerpt: .... Salem's complaint alleges Chronicpractor breached a commercial lease in 2020. (Comp., p. PLD-C-001, ¶ BC-2.) Cross-defendant argues Salem lacks standing because he no longer owned the property in 2020. Cross- defendant requests judicial notice of a grant deed transferring the property to Salem Commercial Investments, LLC in 2017. (RJN, Ex. 3.) Lack of standing may be a defense for Chronicpractor against plaintiff's complaint. And if Chronicpra...

Excerpt: ...Someone with an easement cannot state a cause of action for trespass against the servient property's owner unless the easement constitutes “an exclusive possessory right in that property.” (Id. at p. 1174.) Plaintiffs and defendant own neighboring properties. Pursuant to a recorded property instrument between the parties' predecessors, plaintiffs have an easement over part of defendant's property. Only if the easement is exclusive can they br...

Excerpt: ...s may strike allegations related to punitive damages where the facts alleged cannot support recovery of punitive damages under Civil Code section 3294. (Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 64.) Conclusory allegations are not enough. (Smith v. Superior Court (1992) 10 Cal.App.4th 1033, 1042.) Plaintiff alleges sufficient facts to constitute malice. “ ‘Malice' means conduct which is intended by the def...

Excerpt: ...he two entity defendants, Synergy Traffic and American Traffic (and not Kenneth R. Jones), demur to the first cause of action on the grounds that they did not enter the alleged contract. The court addresses this cause of action below because the same reasoning applies to the entity defendants' arguments on all three causes of action. 2nd Cause of Action for Promissory Fraud Plaintiff alleges sufficient facts for promissory fraud. Fraud generally ...

Excerpt: ...ting sanctions. (CCP §§ 2030.290(c) [interrogatories], 2031.300(c) [requests for production].) Plaintiff Maria Delgado disobeyed the court's order compelling discovery responses. On March 8, 2023, the court ordered her to serve verified responses to defendant's form interrogatories and requests for production of documents within 30 days. The court also ordered plaintiff to pay $2,542.20 in monetary sanctions within 30 days. Defendant served not...

Excerpt: ...of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Courts exercise their discretion “liberally to permit amendment,” and “[t]he policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Defendants Paul Sandweiss and Christian Schrader argue the a...

Excerpt: ...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. (2009) 171 Cal.App.4th 13...

Excerpt: ...ief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grou...

Excerpt: ... totaling is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff¿Tufeld¿Corporation (“Plaintiff”¿or “Tufeld”)¿is the owner and landlord of property consisting of a city lot located at 973-77 Wilshire Blvd., Beverly Hills, California (“Property”).¿Defendant Beverly Hills Gateway LP (“Defendant”¿or “BHG”)¿is the current tenant on the Property pursuant to a¿ground lease (“Ground Lease”) which was execut...

Excerpt: ...endant has made a threshold showing that the challenged cause of action is one arising from protected activity.” (Navellier v. Sletten (2002) 29 Cal.4th 82, 88 (Navellier).) The defendant must show “the cause of action is based on the defendant's protected free speech or petitioning activity.” (Id. at p. 89.) Second, once the defendant establishes the first element, courts “must then determine whether the plaintiff has demonstrated a prob...

Excerpt: ...itation.] Moreover, a court will normally reject any claims that the chosen forum is unfair or inconvenient.” (Richtek USA, Inc. v. uPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 661.) “A forum selection clause is valid in the absence of the resisting party meeting a heavy burden of proving enforcement of the clause would be unreasonable under the circumstances of the case.” (Bancomer, S. A. v. Superior Court (1996) 44 Cal.App.4th 1450...

Excerpt: ...division provides, “If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.” The statute's plain language does not permit a party to make such a motion. Instead, a party's motion to reconsider an order granted by the court must abide by the restrictions of Code of Civil Procedure section 1008(a), including that th...

Excerpt: ...% of whatever moneys Plaintiff will save Yoav in lawsuits in Israel” (¶ 29, Ex. 2 [written in Hebrew]); (2) “the foundational agreement” in October 2012, under which Yoav agreed to “pay Plaintiff $2.5 million for his work in Los Angeles” (¶ 12, Ex. 4); (3) a settlement agreement executed on March 31, 2015, under which Yoav agreed to pay plaintiff $1.5 million by September 30, 2015 (¶ 20, Ex. 12). The complaint alleges Yoav Botach did...

Excerpt: ...nadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310(a).) Meet and Confer GM argues plaintiff failed to meet and confer in good faith as required before filing this motion. The court finds plaintiff made a sufficient effort to informally resolve these disputes. Though plaintiff's letters did not separately address each request for production, plaintiff adequately addressed...

Excerpt: ...y Depose Jacob Emrani Plaintiff The Law Offices of Jacob Emrani, APC argues defendant cannot depose Jacob Emrani, the individual, because he is not a party to this action. “The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify.” (CCP § 2025.280(a).) Plaintiff does not dispute that Jaco...

Excerpt: ...e ground of waiver bears a heavy burden [citation], and any doubts regarding a waiver allegation should be resolved in favor of arbitration.” (St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4th 1187, 1195 (St. Agnes).) The California Supreme Court has held the issue of prejudice “is critical in waiver determinations.” (Id. at p. 1203.) “Because merely participating in litigation, by itself, does not result in a waiver,...

Excerpt: ...greement. Plaintiff argues the Code of Civil Procedure governs discovery in any arbitration proceeding. Defendant argues the JAMS Rules should apply. (Yuzna Decl., ¶¶ 4, 6, Ex. A.) The current dispute over the discovery provision does not pertain to whether the parties agreed to arbitrate disputes. “Contract formation is governed by objective manifestations, not the subjective intent of any individual involved. The test is what the outward ma...

Excerpt: ...In an action for recovery of damages suffered as a result of childhood sexual assault” (CCP § 340.1(a)), section 340.1 requires filing “certificates of merit” by plaintiff's counsel and a licensed mental health practitioner (id., subds. (g-h)). The certificates of merit by plaintiff's counsel Michael A. Amaro state he reviewed the facts of the case, consulted with a mental health practitioner, and concluded there is reasonable and meritori...

Excerpt: ... vacate any (1) resulting default entered by the clerk against his or her client.” (CCP § 473(b).) Timeliness Plaintiff Virginia Hazarian argues defendant's motion is untimely. A motion to set aside default based on an attorney's affidavit of fault must be “made no more than six months after entry of judgment.” (CCP § 473(b).) Defendant filed this motion more than six months after the clerk entered its default on September 29, 2022. But n...

Excerpt: ... plaintiff People's Pizza LLC. Defendants argue the complaint only alleges facts regarding plaintiff Kenji Morinaga, “the chief executive of People's Pizza,” rather than People's Pizza LLC itself. (Comp., ¶ 7.) In general, the law recognizes “separation between an individual and a business entity.” (Curci Investments, LLC v. Baldwin (2017) 14 Cal.App.5th 214, 221.) As defendants argue, that an LLC's sole member has a cause of action does...

Excerpt: ...urt may impose such sanctions against a party who disobeys a court order compelling further responses to requests for production (CCP § 2031.310(i)) or an order compelling inspection or production of documents (CCP § 2031.320(c)). Court Orders Plaintiff contends defendant violated two related court orders. On June 29, 2016, the court granted plaintiff's motion to compel defendant Dignity Health to further respond to requests for production. (Ma...

Excerpt: ...abeled “request to enter default judgments for good cause against defendants T.L. Beach Ltd.; Greendot Limited; Four Star Development; Flower Funding; North Star Holdings; Rafael A. Alburto Soza; Javier Padilla; Randal Fox; and Dorothy R. Brown Smith.” Defendant North Star Holdings Plaintiff's request to enter default judgments purports to include a stipulation with defendant North Star Holdings to set aside a deed of trust in lieu of service...

Excerpt: ... to defendants' evidence. All 10 objections are overruled. Defendants make five objections to plaintiff's evidence. All five 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 ple...

Excerpt: ... Leonardo Ramirez-Alvarez, Keila Daniela Ramirez-Alvarez, and Dasha Sadash Ramirez. 4th Cause of Action: Business & Professions Code § 17200 Plaintiffs allege sufficient facts for this cause of action. Defendants argue plaintiffs have not shown that any wrongful conduct is defendants' “regular practice.” (Demurrer, p. 7.) Business and Professions Code section 17200, however, “covers single acts of misconduct.” ( Klein v. Earth Elements, ...

Excerpt: ...s and rates: Timekee er Barry (rate 1) Barry (rate 2) Barry (rate 3) Quinn (rate 1) Quinn (rate 2) Galaviz (rate 1) Galaviz (rate 2) Hayes (rate 1) Hayes (rate 2) Norris Pascal (rate 1) Pascal (rate 2) Kim (rate 1) Rate Hours $525 $600 $625 $500 $550 $425 $515 $400 $450 $425 $300 $350 $250 8.5 16.1 5 2.8 0.3 11.4 0.3 5.5 0.3 6.4 9 0.3 69.5 Billed 4,462.50 9,660.00 3,125.00 1,400.00 165.00 4,845.00 154.50 2,200.00 135.00 2,720.00 2,700.00 105.00 1...

Excerpt: ...e following attorney fees and expenses: Timekeeper Rate Hours Billed Kaufman Mandel Flansburg Masri Subtotal Multiplier Other Costs Total $595 $395 $210 $150 1.5 69.9 17.1 1.8 0.5 s 41,590.50 6,754.50 378.00 75.00 48,798.00 73,197.00 2,147.38 75,344.38 Hourly Rates Attorney Joseph Kaufinan bills $595 hourly. Attorney Jacqueline Mandel bills $395 hourly. Defendant Nissan North America, Inc. argues the court should reduce their rates to $400 and $2...

Excerpt: ...rsity internal administrative remedies before filing suit in superior court for retaliatory termination under _ _ Labor Code section 1102_5_" (Campbell v. Regents of University ofCa/ifornia (2005) 35 Cal_4th 3 1 1, 317 The University of California's whistleblower protection policy requires employees to "file their complaints with a Sworn Statement within 12 months of the actions believed to be retaliatory." (RJN, Ex_ B, p. 1.) UCLA procedure 620 ...

Excerpt: ...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) identihr 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 ofa triable, material factual issue." (Hinesley v. Oakshade Town Center (2005) 135 calApp_4th 289, 294) P...

Excerpt: ...s to requests for production or interrogatories, "[i]f a party then fails to obey" the order, "the court may make those orders that are just, including" imposing monetary, issue, evidence, or terminating sanctions. (CCP [interrogatories], 2031 _300(c) [requests for production] _ ) Defendant Eldridge disobeyed two orders compelling discovery responses. On January 10, 2023 the court ordered Eldridge to respond to form interrogatories, set one, with...

Excerpt: ...o any alleged cause of action, we examine the factual allegations of the complaint, 'to determine whether they state a cause of action on any available legal theory.' " (Adelman v. Associated Intern. Ins. Co. (2001) 90 Cal App_4th 352, 359.) Moreover, gross negligence is not truly a cause of action, as the demurrer ackrlowledges_ (Cin of Santa Barbara v. Superior Court (2007) 41 Cal 4th 747, 779—780 (Santa Barbara) ["We do not view our holding ...

Excerpt: ...ismissal is entered." (CCP 1032(a)(4)_) On March 17, 2023, plaintiff requested dismissal of the entire action. Defendant is therefore the prevailing party entitled to recover costs (CCP 1032(b)_) Defendant is also the prevailing party under the relevant attorney fee statute. Plaintiffs fifth cause of action alleged defendant violated Business and Professions Code section 7108_5_ "In any action for the collection of funds wrongfully withheld, the ...

Excerpt: ...e depositions of Diego Lemer, Guillermo Tabanera, and Kenneth Neuman. Santos also moves to reopen discovery "if necessary to do so." Reopening discovery IS necessary _ Fact discovery closed at the latest on March 27, 2023, thirty days after the initial trial date. (Code Civ. Proc_, 2024_020, subd_ (a)_) On January 20, 2023, pursuant to the parties' joint motion, the coult continued the trial to September 13, 2023. In their joint motion, the parti...

Excerpt: ...1 matters of examination. (Mendoza Decl_, Ex. 6.) Except for matter Nos_ 27 and 28, defendant made valid objections to the notice of deposition. Matter Nos. 1 and 2 ask about the vehicle's service and warranty history and about the applicable warranties. Defendant agreed to produce a witness to testify about GM's understanding of the vehicle's service, maintenance, and repair history under the warranty and abut the terms of the vehicle's warranty...

Excerpt: ...t the information discloses a violation of state or federal statute, or a violation Ofor noncompliance with a local, state, or federal rule or regulation." Plaintiff fails to allege sufficient facts for this cause of action because he does not allege he disclosed something he reasonably believed violated a state or federal statute, rule, or regulation. "[A]n employee need not prove an actual violation of law; it suffices if the employer fired him...

Excerpt: ...dical Center v. PacifiCare of California (2003) 31 Cal_4th 1187, 1195 (St. Agnes)_) It is not settled whether waiving the right to arbitrate requires prejudice to the opposing party. (Davis v. Shiekh Shoes, LLC (2022) 84 956, 966, fil_ 5 (Davis); see also Desert Regional Medical Center, Inc. v. Miller (2022) 87 Cal_App_5th 295, 322.) As Davis notes, the question is pending before the California Supreme Court in Quach v. California Commerce Club, ...

Excerpt: ...s regarding the subject property The documents were recorded by the Los Angeles County Recorder's Office. Their existence, facial contents, and legal effects are subject to judicial notice under Evidence Code 452(c) and (h). (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal 4th 919, 924, fn. 1, Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 calApp_4th 1106, 1116-1117.) Defendants' 14 requests for judicial notice are grante...

Excerpt: ...ch was refused in whole or part, or granted conditionally or on terns, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown." (CCP 1008(b)_) This is a renewed motion. Defendant moved to t...

Excerpt: ...monetary sanction." (CCP S 2030.300(e) [interrogatories]; S 2031.310(i) [requests for production].) Meet and Confer Plaintiff argues defendant did not adequately meet and confer before filing these motions. The record shows otherwise. On March 3, 2023, defendant sent plaintiffs counsel a detailed meet and confer letter. (Mounedji Decl., 7, Ex. C.) Plaintiffs counsel replied he was "happy to discuss over the phone your concerns in your letter. Ple...

Excerpt: ...nd 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 CalApp_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 second amended cross-complaint alleges no adverse or compet...

Excerpt: ...) ) "'Prevailing party' includes a defendant in whose favor a dismissal is entered." (CCP 1032(a) ) Plaintiff requested dismissal of defendant Salle Johnson. That dismissal was entered on February 15, 2023. Johnson is therefore a prevailing party entitled to recover her costs. Johnson claims only two costs: the $435 first appearance fee for her demurer and the $71.19 fee for electronic filing Those costs are allowed. (CCP 1033_5(a)(1) ["Filing, m...

Excerpt: ...308, 1315 (E-Fab) ) "[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." (ld. at p. 1316.) The court must determine which statute of limitations applies and when the claim accrued. (Ibid.) Generally, an action to enforce a mechanic's lien must be filed "within 90 days after recordation of the claim of lien." (Civ. Code, 8460(a)_) But "if ...

Excerpt: ...ant Paramount Plaza, LLC (Paramount) to requests for production Nos. 153, 154, 157, 161, and 162. (Plaintiffs reply states the parties resolved their disputes over other requests.) Because Paramount served supplemental responses, the motion is moot as to the substance of its responses. The court declines to rule on the merits of the supplemental responses to requests Nos_ 153, 154, 157, 161, and 162. Plaintiff also did not make an adequate attemp...

Excerpt: ...bly in good faith and fair dealing through negotiation. If unresolved, any claim or dispute, whether in contract, tort, statute, Labor Code, employment law or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute) between both parties or their employees, agents, successors or assigns, which arises out of or is related to this contract or any resulting transaction or relation...

Excerpt: ...cause of his or her membership in a protected class. (Gov Code, 12940(i)(1)_) "The law prohibiting harassment IS violated when the workplace is permeated with discriminatory intimidation, ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment." (Nazir v. United Airlines, Inc. (2009) 178 CalApp_4th 243, 263, internal quotes and alterations omitted.) ...

Excerpt: ...h prays for punitive damages. A party may move to strike a "demand for judgment requesting reliefnotsupported bythe allegations of the complaint." (CCP S 431.100(3).) Courts may strike allegations related to punitive damages where the facts alleged "do not rise to the level of malice, oppression or fraud necessa$ to recover punitive damages under Civil Code section 3294. (Turman v. Turning Point ofCentral California, Inc. (2010) 191 Cal.App.4th 5...