Excerpt: ...o that no person is required to review any other document in order to determine the full request and the full response. Material must not be incorporated into the separate statement by reference.” (Cal. Rules of Court, rule 3.1345(c).) Plaintiff's separate statements are full and complete. Each separate statement merely incorporates earlier parts of itself—e.g., the reasons to compel further responses to No. 2 incorporate the reasons stated f...

Excerpt: ...sts for Judicial Notice Plaintiffs request judicial notice of the judgment entered in Pacific Horizon Holdings, LLC, v. Scott A. Meehan, et al., case No. 20SMCV00786 (“Judgment”). The request is granted. Defendants Pa cific Horizon Holdings, LLC, Royal Crest Sands Asset Group, LLC, Artha Ng, LLC, and Cliffside Malibu 1 request judicial notice of a printout from the City of Malibu's website regarding waste management. (Varozian Decl., Ex. A.) ...

Excerpt: ...exclude any evidence or references to mediations in the underlying wrongful eviction lawsuits against plaintiffs/cross-defendants Zoriall, LLC, Anne Kihagi, and Christina Mwangi, in a federal court action by AmGuard Insurance Company regarding insurance coverage for liability in the underlying lawsuits, and in this action. The Evidence Code broadly prohibits evidence of statements or writings made during mediation. “No evidence of anything said...

Excerpt: ...bjection in the response is without merit or too general.” (CCP § 2031.310(a).) Timeliness Defendant Volkswagen Group of America, Inc. argues plaintiff's motion is untimely as to request Nos. 9, 12-26, 34, 46-54, 58-61. The requesting party must move to compel further responses “within 45 days of the service of the verified response.” (CCP § 2031.310(c).) Plaintiff filed this motion within 45 days of defendant's verification, but defendan...

Excerpt: ...cation” of the court's rulings on (a) the parties' motions for summary judgment and summary adjudication and on (b) plaintiff's motion for leave to file a second amended complaint. Plaintiff argues it seeks clarification “to establish a clear record for appeal.” (Motion, p. 3.) Clarifying the court's orders is not necessary for that purpose because an appellate court “ ‘reviews de novo the trial court's decision to grant summary judgmen...

Excerpt: ...is “BMW of Vista” and the “Lessee” is “Fala Bar LLC.” (Fetterolf Decl. Ex. A, § 1.) The agreement further provides, “This Motor Vehicle Lease Agreement (‘Lease') is entered into between the lessee and co-lessee, (‘Lessee') and the lessor (‘Lessor') named above. Unless otherwise specified, ‘I,' ‘me' and ‘my' refer to the Lessee and ‘you' and ‘your' refer to the Lessor or Lessor's assignee. … ‘Assignee' refers to ...

Excerpt: ...or fraudulent misrepresentation, the fourth for nondisclosure of material facts, the sixth for unjust enrichment, the seventh for negligence, and the eighth for unfair business practices. The first amended complaint alleges that in January 2022, plaintiff agreed to purchase real property from defendants Abraham Melchor Espinoza and Olivia Valentin. (¶ 12.) The demurring defendants, Rodeo and Galvan, were the sellers' real estate agents. (¶ 13.)...

Excerpt: ...r parties, which is known as serving the document. (See Code Civ. Proc., §§ 1005 & 1010.) That party must also file proof of service with the court. (See Code Civ. Proc., §§ 1013a-1013b; Cal. Rules of court, rule 3.1300(c).) Plaintiff must not file documents in court without both serving a copy on defendant and filing a proof of service with the court. Uncertainty Defendant demurs to plaintiff's complaint for uncertainty. “ ‘ “Demurrers...

Excerpt: ...ro. Though defendants did not move for summary judgment or adjudication on this basis, the court finds it appropriate to set an order to show cause regarding whether the individuals can be liable for this cause of action. “[I]ndividuals who do not themselves qualify as employers may not be sued under the FEHA for alleged discriminatory acts.” (Reno v. Baird (1998) 18 Cal.4th 640, 663.) “[O]nly employers—and not individual supervisory empl...

Excerpt: ...party is entitled to recover costs. (§ 1032, subd. (b).) The Fair Employment and Housing Act (FEHA) independently provides that “the court, in its discretion, may award to the prevailing party, including the department, reasonable attorney's fees and costs, including expert witness fees.” (Gov. Code, § 12965, subd. (c)(6).) Section 1033.5, subdivision (a) sets forth a list of allowable costs. Section 1033.5, subdivision (b) lists costs that...

Excerpt: ...section 3294. (Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 64.) Plaintiff alleges sufficient facts to constitute malice or oppression. “ ‘Malice' means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.” (Civ. Code, § 3294(c)(1).) “ ‘Oppression' ...

Excerpt: ...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 Town Center (2005) 135 Cal.App.4th 289, 294...

Excerpt: ...ller, LLC is the successor in interest of the late Joey Jordison. (FAC, ¶¶ 1, 4.) “Joey Jordison was the original drummer and co-founder of the famous heavy metal band Slipknot.” (¶ 18.) Defendants Taylor and Crahan are members of Slipknot. (¶ 19.) The other defendants are business entities related to the band. (¶¶ 8-10, 19, 19 [sic; the FAC has two sets of ¶¶ 19-21].) “Jordison traveled the world performing hundreds, if not thousan...

Excerpt: ...r acquired personal jurisdiction over the defendant. “When a court lacks jurisdiction in a fundamental sense, such as lack of authority over the subject matter or the parties, an ensuing judgment is void. [Citation.] To establish personal jurisdiction, it is essential to comply with the statutory procedures for service of process.” (OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th 1318, 1330.) Trial courts should gen...

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

Excerpt: ...ting that a copy of the application has been mailed to the defendant's attorney of record or, if none, to the defendant at his or her last known address and the date on which the copy was mailed.” (CCP § 587.) “[A]ppellate courts and treatises have interpreted the phrase ‘application ... for entry of default' in Code of Civil Procedure section 587 to include applications for entry of a default judgment.” (Bae v. T.D. Service Co. of Arizo...

Excerpt: ...de of Civil Procedure section 1008(c). (Motion, pp. ii, 1-2, 7-9; Reply, p. 3.) That subdivision 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. “Unless the requirements of [Code of Civil Procedure] section 437c, subd...

Excerpt: ...ssary and whether the amount of time billed for each task was reasonable. (Baxter v. Bock (2016) 247 Cal.App.4th 775, 793.) The moving party has the burden of proof on these issues. (Ibid.) “[V]erified time statements of the attorneys, as officers of the court, are entitled to credence in the absence of a clear indication the records are erroneous.” (Horsford v. Board of Trustees of California State University (2005) 132 Cal.App.4th 359, 396....

Excerpt: ...tness gym. In the new action, plaintiff alleges various claims against John Park and “Yoka Smith Law,” attorneys who represent Fitness & Sports Club, LLC in the first action. The cases have at most minor overlapping issues. The subject matter of each is different and they have no common defendants. Moreover, relating and reassigning cases is discretionary. California Rules of Court, rule 3.300(h)(1) provides, “In a court in which cases are ...

Excerpt: ... do not meet their burden of showing Jeff Abrams agreed to arbitrate disputes with them. Jeff Abrams did not sign the arbitration agreement. (Pedraza Decl., Ex. A.) Defendants rely on the theory that Jane Abrams acted as Jeff Abrams' agent in signing the arbitration agreement on his behalf. “Generally, a person who is not a party to an arbitration agreement is not bound by it.” (Flores v. Evergreen at San Diego, LLC (2007) 148 Cal.App.4th 581...

Excerpt: ...ally 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 (Airs Aromatics).) “Where no amount of damages is demanded any amount awarded is by definition greater than the amount demanded.” (Falahati v. Kondo (2005) 127 Cal.App.4th 823, 830–831.) Plaintiff's complaint prays for various forms of damages “according to proof.” (C...

Excerpt: ...ession, or undue burden and expense.” (CCP § 2031.060(b).) Scott objects to public disclosure—not discovery by plaintiff—of his personnel records based on his right to privacy. “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, ...

Excerpt: ... grounds for new trial Code of Civil Procedure section 657[1] sets forth seven grounds for a motion for new trial. In their respective notices of intention to move for new trial, both parties stated they were moving for a new trial on all seven grounds. But in her brief supporting her motion, plaintiff only asserted two grounds, namely an irregularity in the proceedings (§ 657, subd. (1)) and an error in law (§ 657, subd. (7).) In its brief, Ma...

Excerpt: ...truments and their legal effects are subject to judicial notice under Evidence Code section 452, subdivisions (c) and (h). (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924, fn. 1; Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 194.) The sixth exhibit is a copy of the Contractor's License Detail for license No. 1104933, U & G Construction Inc, from the website of the California Department of Consumer Affairs, Cont...

Excerpt: ...Code Civ. Proc., § 2023.030(a)), “an issue sanction ordering that designated facts shall be taken as established” or prohibiting a party “from supporting or opposing designated claims or defenses” (id., subd. (b)), “an evidence sanction by an order prohibiting” a party “from introducing designated matters in evidence” (id., subd. (c)), or “a terminating sanction” by striking a party's pleadings, staying the action, dismissing...