Excerpt: ... the SUBJECT VEHICLE to YOU for repair. (For purposes of this request, the term “IDENTIFYING” seeks documents establishing the name of the complaining PERSON, the complaints made by such PERSON(S), the names of any lawyers involved as well as case names, court numbers, and locations and whether such repurchase was voluntary or pursuant to a court order.) 14: All DOCUMENTS evidencing, relating, or referring to complaints by owners of the 2020 ...

Excerpt: ...verdict in favor of plaintiff and against defendant in the amount of $16,266.38, and the court entered judgment in favor of plaintiff in that amount. Defendant Kia now moves for a new trial. I. Statutory Basis for Defendant's Motion Code of Civil Procedure section 657[1] sets forth seven grounds for a motion for new trial. In its notice of intention to move for new trial, defendant stated it was moving for a new trial on two grounds, namely exces...

Excerpt: ...tempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) Defendant argues plaintiff failed to meet and confer after receiving the latest supplemental responses on December 8, 2021. (Fitzpatrick Decl., Exs. C- D.) Plaintiff's meet and confer efforts were sufficient. Plaintiff had already met and conferred about each issue presented in the motions. (Flynn Decl., ¶¶ 8-9, 13-18, Exs. 6, 8-10.) After defendant ser...

Excerpt: ...ursuant to the terms of the settlement.” The parties' stipulation re: settlement provides that defendant International Private Label, Inc. agreed to make 18 monthly payments of $9,444.45 for a total of $170,000. (Katz Decl., Ex. A, ¶ 1.a.) It also provides: The Stipulation further provides: b. Entry of Judgment. If SANSOM fails to receive any payment within five days of the due date, SANSOM will retain the right to immediately enter a judgemen...

Excerpt: ...tionary costs, which “shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (CCP § 1033.5(c)(2).) “Items not mentioned in this section and items assessed upon application may be allowed or denied in the court's discretion.” (CCP § 1033.5(c)(4).) A “verified memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to ...

Excerpt: ...AA sent an email stating: Please be advised that California law (Code of Civil Procedure section 1284.3(a)) prohibits the Association from administering disputes arising out of employer promulgated plans if the agreement requires that the employee party pay the fees and costs incurred by an opposing party if the employee does not prevail in the arbitration, including, but not limited to, the fees and costs of the arbitrator, provider organization...

Excerpt: ...chising, LLC and ME SPE Franchising, LLC; 2. Motion to compel arbitration as to Jane Doe 2 of defendants Massage Envy Franchising, LLC and ME SPE Franchising, LLC; 3. Demurrer of Massage Envy Franchising, LLC and ME SPE Franchising, LLC to complaint as to Jane Doe 3, Jane Doe 4, and Jane Doe 5; and 4. Demurrer of Intervenor, The Members of Lloyd's Syndicate 1975 as constituted for the 2019 underwriting year of account acting through the Managing ...

Excerpt: ...o Data Sys. v. Intel Corp. (2010) 184 Cal.App.4th 210, 236, disapproved of on other grounds in Kwikset Corp. v. Superior Court (2011) 51 Cal.4th 31.) It “ ‘preempts… common law claims… based on the same nucleus of facts as the as the misappropriation of trade secrets claim.' ” (K.C. Multimedia, Inc. v. Bank of America Technology & Operations, Inc. (2009) 171 Cal.App.4th 939, 955 quoting Digital Envoy, Inc. v. Google, Inc. (N.D.Cal., 200...

Excerpt: ... by omission requires that: (1) defendant omitted, concealed, or suppressed 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 omission caused damages. (Boschma v. Home Loan Center, Inc. (2011) 198 Cal...

Excerpt: ...t al. Cross-Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Plaintiffs/cPlaintiffs/cross-defendants City of Burbank (City) and the People of the State of California, by and through Joseph H. McDougall, City Attorney for the City of Burbank generally demur to the first amended cross-complaint filed by cross-complainants Barfly, Inc. (Barfly), Baret Lepejian, Lucas Lepejian, and Tayla Lepejian. Barfly operates as Tin Horn Flats Saloon & Grill in Burbank. Baret...

Excerpt: ...y generally can meet its initial burden of showing an agreement by submitting a copy of the arbitration agreement signed by the opposing party. (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1060 (Espejo).) Plaintiff argues there is no arbitration agreement for two reasons. First, plaintiff disputes the authenticity of her signature. Once the plaintiff challenges a signature's authenticity, the moving party m...

Excerpt: ...t of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” “The plain wording of the statute requires the trial court to base the fee award upon actual time expended on the case, as long as such fees are reasonably incurred—both from the standpoint of time spent and the amount char...

Excerpt: ...either: (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action. (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property. (b) The court shall order the summons...

Excerpt: ...use of 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 plaintiff moving for summary adjudication must prove each element of the cause of action. (CCP § 437c(p)(1).) 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 mov...

Excerpt: ...Asbestos Lawsuit at page 6 of the Court's September 9, 2020 minute order shall be sealed; (2) the references to the Case Number for the Asbestos Lawsuit on the Court's case docket and register of actions shall be sealed; (3) the reference to the Case Number for the Asbestos Lawsuit in any public filing between the time of SHC's filing and this order shall be redacted and sealed; (4) the transcript of Sept. 9, 2020 [shall] be sealed. (Sept. 15, 20...

Excerpt: ...to file a copy of the writ of execution and notice of levy. (CCP § 700.190(b).) The court still has insufficient information to set an order to show cause under CCP § 704.770(a). This time Pore submitted a copy of the notice of levy and writ of execution, which the Sheriff submitted to the Recorder's Office and was recorded on July 20, 2021. (Ex. 2.) What the Sheriff submitted, however, has only blank spaces for how and when the notice of levy ...

Excerpt: ...ting the estoppel must be injured by his reliance.' [Citation.]' ” (Flintco Pacific, Inc. v. TEC Management Consultants, Inc. (2016) 1 Cal.App.5th 727, 734 (Flintco).) Plaintiff alleges sufficient facts to constitute promissory estoppel. Flintco dealt with the same subject as this case: a general contractor's reliance on a subcontractor's bid. There, the Court of Appeal stated: A general contractor may recover damages incurred as a result of it...

Excerpt: ... course of a DFEH investigation' [citation].” (Clark v. Superior Court (2021) 62 Cal.App.5th 289, 301.) First, defendant argues plaintiff's complaint fails against it because he did not identify Pacific Advisors, LLC as a respondent. A plaintiff need not precisely name the defendant's correct legal name in the administrative complaint. Martin v. Fisher (1992) 11 Cal.App.4th 118, 122 stated: The function of an administrative complaint is to prov...

Excerpt: ...ion requires that: (1) defendant omitted, concealed, or suppressed 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 omission caused damages. (Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th ...

Excerpt: ...his case, plaintiff Wolfe alleges malpractice against defendant S. Keven Steinberg, doing business as Steinberg Law. Wolfe alleges Steinberg “failed to recognize, bring and prosecute meritorious claims on behalf of Plaintiff.” (FAC, ¶ 7.) In the related case, Steinberg Law alleges numerous causes of action against Wolfe, all based upon allegations that Wolfe did not fully pay for Steinberg's legal services. CCP § 1048(a) provides, “When a...

Excerpt: ... are in Kansas, not California. The first-filed rule in California means that when two courts of the same sovereignty have concurrent jurisdiction, the first to assume jurisdiction over a particular subject matter of a particular controversy takes it exclusively, and the second court should not thereafter assert control over that subject matter. The first-filed rule “was never meant to apply where the two courts involved are not courts of the s...

Excerpt: ...nes “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 mat...

Excerpt: ...; (4) justifiable reliance; and (5) damages. (Ryder v. Lightstorm Entertainment, Inc. (2016) 246 Cal.Ap.4th 1064, 1079.) “Every element of the fraud cause of action must be pleaded specifically, and the policy of liberal construction of the pleadings will not sustain a defective pleading.” (Thrifty Payless, Inc. v. The Americana at Brand, LLC (2013) 218 Cal.App.4th 1230, 1239.) That means the plaintiff must allege “facts which show how, whe...

Excerpt: ...o compel further responses when: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general. Plaintiff is entitled to further responses. All of defendant's responses include boilerplate objections. Defendant does not meet numerous boilerp meritless objections. To each of the disputed requests, defen...

Excerpt: ...rtion Foods, LLC (ProPortion or PPF) released its claims; (2) USI and Goldberg did not cause any damages; (3) ProPortion had no contract with USI and Goldberg; and (4) USI and Goldberg did not owe a fiduciary duty to ProPortion. On May 18, the court granted summary adjudication of the fifth cause of action for constructive fraud and denied the remainder of the motion. USI and Goldberg challenged the court's ruling via a petition for writ of manda...

Excerpt: ...s 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.) Defendant Jackson establishes that the default and default judgment against him resulted from his mistake, inadvertence, surprise, or excusable neglect. Plaintiff SWW Investment LLC personally served Jackson on September 15, 2021. He had five days to respond. (CCP § 1167.) On September 16, Jackson ...

Excerpt: ...ny and am authorized as its agent to make this verification for and on its behalf, and I make this verification for that reason. The matters stated within the above referenced discovery responses are not all within my personal knowledge. I am informed and believe that there is no officer or employee of Ford Motor Company who has personal knowledge of all such matters. I am informed and believe that the information contained in said responses has ...

Excerpt: ...C cannot recover attorney fees against defendant WMCJ2D2, Inc. Plaintiff seeks contractual fees under Civil Code § 1717. Section 1717(a) provides, “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, w...

Excerpt: ...�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 probability of prevailing on the claim.” (Navellier, 29 Cal.4th at p. 88.) “[T]he plaintiff need only have stated and substantiated a legally sufficient claim.” (Ibid., internal quotations and citatio...

Excerpt: ...is case, Victor Alarcon alleges various causes of action including quiet title against Epyon LLC (and other defendants) regarding commercial real property at 14536 Delano Street in Van Nuys. In case No. 21VEUD00576, Epyon LLC filed an unlawful detainer action against Victor Alarcon for possession to the same property. Both cases hinge on claims against, title to, and possession of the same property. The court finds the cases are related. Case No....

Excerpt: ...ising out of: (i) the relationship between the Parties prior to the execution of this Agreement; (ii) the Bylaws and Resolutions for High Ten Partners, Inc.; and/or (iii) any other agreements by and between Seller, Buyer and/or Company.” (2nd Am. Cross-Comp., Ex. A, p. 2, ¶ 6.) On demurrer, this release does not apply because the second amended cross- complaint alleges Fu fraudulently induced the PSA. Persson v. Smart Inventions, Inc. (2005) 1...

Excerpt: ...) The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense on the merits. (c) The court may impose conditions on the granting of the motion that are just, including, but not limited to, the following: (1) An order...

Excerpt: ...he initial complaint on the same ground. The first amended complaint has only minimal changes from the initial complaint. The relevant amendments are: · Plaintiff's publicly published charge description master sets forth a “menu” of prices and is posted on the Office of Statewide Health Planning and Development's website (FAC, ¶¶ 11, 15, 31); · Several patients were treated through plaintiff's emergency department (FAC, ¶ 12); · Plainti...

Excerpt: ... qualified regarding five categories concerning electronically stored information. They also move to compel production pursuant to the three accompanying requests for production of documents, which ask for documents about defendant's document retention policies and its training materials for Guidewire InsuranceNow software. Defendant argues these categories are overbroad because they concern electronic systems in general but have nothing to do wi...

Excerpt: ... for a preliminary injunction “enjoining Defendant from removing” plaintiff from his “home” located at 2500 Glendower Avenue, Los Angeles, California 90027 (the property). (Motion, 2:3-4.) BACKGROUND FACTS Plaintiff claims that in January 2019, he began living in the property with its then-owner Robert Mintz. Mintz was an elderly man. Plaintiff claims he agreed to serve as Mintz's caretaker. He also claims that in January 2019, he entered...

Excerpt: ...luding that the request is unduly burdensome and overbroad and seeks documents not relevant or proportional to the needs of the case. (Heerde Decl., Ex. C.) The request is overbroad in that it could reveal users reporting content (i.e., videos) that do not involve defendant Kendra Rowe. Plaintiffs allege interference by defendant Kendra Rowe in that she improperly obstructed their ability to use videos of her. It is not reasonably calculated to l...

Excerpt: ...ts have been served with the summons and complaint. Accordingly, at this time, the court does not have personal jurisdiction over the defendants and cannot grant an injunction against them. Plaintiff's motion also fails on the merits for two reasons. First, it is moot. Plaintiff seeks to prevent something scheduled to happen over two months ago on August 24. It is too late to do that. Second, plaintiff has insufficient evidence to justify a tempo...

Excerpt: ...siness entity, form unknown” for: 1. Race Discrimination 2. Age Discrimination 3. Retaliation Pacific Advisors hired plaintiff on 1/1/19 as a financial service representative. He alleges defendant discriminated against him in various ways. MOVING PARTY POSITION Plaintiff wants leave to file a second amended complaint. OPPOSING PARTY POSITION None. REPLY POSITION None. DISCUSSION This one requires a timeline: 8/4/21: Plaintiff attempted to file ...

Excerpt: ...ursuant to Civil Code section 1798.93; and (2) negligence. Plaintiff stipulated to dismiss the first cause of action. (Opp., p. 2, fn. 1.) SUMMARY OF FACTS ALLEGED IN COMPLAINT “Plaintiff owns a cellphone with wireless service provided by Verizon.” (Complaint, ¶ 21.) In 2019 or 2020, an unknown person used a “SIM swap” to steal plaintiff's personal identification information. (¶ 37.) A SIM (subscriber identity module) card is “an inte...

Excerpt: ... was the attorney for Cohen in an allegedly frivolous lawsuit against Golden State Seafood. Schloss and Cohen sued Golden State Seafood under the Unruh Civil Rights Act because a delivery driver briefly parked in a handicapped parking space. MOVING PARTY POSITION Defendant Schloss moves to bifurcate the trial under CCP §§ 597 and 598. The affirmative defenses about collateral estoppel, res judicata, and unclean hands should be tried first. Thes...

Excerpt: ...sanctions (x3 for each defendant) BACKGROUND December 18, 2020: Plaintiff Bruce Beretta filed a Complaint against defendants Urban Commons, LLC; Taylor Woods; Howard Wu; and Does 1-20 for: 1) Breach of Contract 2) Breach of Guaranty 3) Money Had and Received 4) Account Stated Plaintiff loaned $2 million to Urban Commons via a Promissory Note on January 2, 2020. Defendants Woods and Wu each signed a personal guaranty. The Note initially matured on...

Excerpt: ...pulated judgment in Home Expo Financial's unlawful detainer action against Donnie Muldrow (4th Am. Comp., Ex. B) collaterally estops him from making any claim based on wrongful foreclosure. An unlawful detainer judgment can serve as res judicata or collateral estoppel to future “quiet title suits founded upon allegations of irregularity in a trustee's sale.” (Vella v. Hudgins (1977) 20 Cal.3d 251, 256.) The stipulated judgment here does not c...

Excerpt: ...: (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 will prevent the case from going to trial on the date set, or otherwise interfere with the trial ...

Excerpt: ... party then fails to obey the order compelling a response, 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 this sanction, the court may impose a monetary sanction.” On May 27, 2021, the court granted plaintiff's motions to compel defendants Vinco Builders and JFC International Inc. to respond to requests for production...

Excerpt: ...: Was the EMPLOYEE involved in a TERMINATION? If so: (a) state all reasons for the EMPLOYEE'S TERMINATION; (b) state the name, ADDRESS, and telephone number of each PERSON who participated in the TERMINATION decision; (c) state the name, ADDRESS, and telephone number of each PERSON who provided any information relied upon in the TERMINATION decision; and (d) identify all DOCUMENTS relied upon in the TERMINATION decision. No. 201.3 asks: Were ther...

Excerpt: ... when “it merely duplicates” other causes of action. (Shoemaker v. Myers (1990) 52 Cal.3d 1, 24.) Plaintiff's second cause of action merely duplicates the first cause of action for disability discrimination. Although perceived disability is a different factual allegation than actual disability, it gives rise to the same cause of action for disability discrimination under Government Code § 12940(a). Several provisions in the Government Code a...

Excerpt: ...n of Gov. Code Section 12940 based upon race, ancestry, national origin, disability, age, etc.” 3. “Harassment, Discrimination and Retaliation in Violation of Gov. Code Section 12940.” 4. “Failure to Take Reasonable Steps to Prevent Harassment and Discrimination” 5. “Discrimination, Harassment, and Retaliation, in Violation of Public Policy” 6. “Failure to Make Reasonable Accommodation” The first amended complaint's only allegat...

Excerpt: ...t D. BENI-SS-008901 E. …8856 F. 8881 G. 8827 H. 8750 I. 8727 J. 8767 K. 7908 (Schein Decl., ¶¶ 10-20.) A court can only seal records 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; (...

Excerpt: ...e liberally construed. Doubts as to whether an arbitration clause applies to a particular dispute are to be resolved in favor of sending the parties to arbitration. The court should order them to arbitrate unless it is clear that the arbitration clause cannot be interpreted to cover the dispute.” (Bigler v. Harker School (2013) 213 Cal.App.4th 727, 738, internal quotes and citations omitted.) Plaintiff opposes on two grounds: (1) defendant did ...

Excerpt: ... March 25, 2021, the court entered judgment against petitioner Bill Sandlin and for respondents Neal Kelley and Molly McLaughlin and real parties in interest Frank McGill, Jaci Woods, and Ed Pope for $131.36 in trial court costs, $3,051.09 in appellate costs, and $289,983.75 in attorney fees under Code of Civil Procedure sections 425.16 and 1021.5. The real parties and respondents assigned their interest in the judgment to attorney Kenneth Agran,...

Excerpt: ... 2021, New Icon served a subpoena for business records on non-party accounting firm RSM US LLP (RSM). (Slome Decl., Ex. 2.) It demands: A copy of all DOCUMENTS comprising the underlying accounting books, records, general ledgers, journals and registers relied upon or used by RSM US LLP in preparing the Form 1065 (U.S. Return of Partnership Income) for M Rhino Holdings, LLC for the years 2016, 2017, 2018, and 2019 (but specifically excluding copie...

Excerpt: ...e Bank, the request was not signed under penalty of perjury. The court took judicial notice of the documents on February 11, 2021. In connection with its demurrer to plaintiff's second amended complaint (SAC), Chase Bank asks the court to take judicial notice of the same eight documents. The purpose of judicial notice is to accept “the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof...

Excerpt: ...lowing defects: 1. Service of Summons Plaintiff failed to provide adequate proof of service of summons on either defendant. “[C]compliance with the statutes governing service of process is essential to establish [a] court's personal jurisdiction over a defendant.” (Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1160.) The proofs of service for both defendants show personal service on March 18, 2021 on “Manager for Beverly Hills Postal Place, And...

Excerpt: ...of the Rosenthal Fair Debt Collection Practices Act (RFDCPA). Defendant Moore moves for summary judgment or summary adjudication of each cause of action. 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) ...

Excerpt: ...d defendant Keyes European, LLC. The law favors enforcement of valid arbitration agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) “In light of California's strong public policy in favor of arbitration, broad contractual provisions for arbitration are to be liberally construed. Doubts as to whether an arbitration clause applies to a particular dispute are to be resolved in favor of sending the part...

Excerpt: ...any pleading “in furtherance of justice, and on any terms as may be proper.” (Code Civ. Proc., § 473, subd. (a)(1).) “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 favo...

Excerpt: ... motion.” (Code Civ. Proc., § 2016.040.) This rule aims “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order.” (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1293.) “[T]he law requires that counsel attempt to talk the matter over, compare their views, consult, and deliberate.” (Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) When the parties do not meet this o...

Excerpt: ... that sold the vehicle. The law favors enforcement of valid arbitration agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) “In light of California's strong public policy in favor of arbitration, broad contractual provisions for arbitration are to be liberally construed. Doubts as to whether an arbitration clause applies to a particular dispute are to be resolved in favor of sending the parties to ar...

Excerpt: ..., refused to permit her extra breaks to express breastmilk, and disciplined her for taking time off she needed due to her pregnancy. (Comp., ¶¶ 2-4, 15-23.) Plaintiff worked at defendant's McDonald's franchise from May 2018 to December 2019. (Allenza Decl., Ex. C, Szabo Depo., 32:2-14.) In September 2019, she also started working at Little Caesars Pizza. (Allenza Decl., Ex. C, Szabo Depo., 26:6- 18.) After plaintiff's employment with defendant,...

Excerpt: ...sia R. Buckley. All 14 objections are OVERRULED. Multiplier Plaintiff requests a 1.35 multiplier. The court declines to apply a multiplier to the lodestar. Multipliers may be awarded based on factors including “(1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, (4) the contingent nature of the fee ...

Excerpt: ...ief jointly, severally, or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action.” “This requirement that the right to relief arise from the ‘same transaction or series of transactions' has been construed broadly so that joinder of plaintiffs is permitted if there is any factual rel...

Excerpt: ...(2019) 40 Cal.App.5th 140 [40 Cal.App.5th 140, 154.) For the statute of limitations, “the 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.” (E‐Fab, Inc. v. Accountants, Inc. Services (2007) 153 Cal.App.4th 1308, 1316.) Each cause of action has a statute of limitations of at least two years. (CCP §§ 338(b)-(c) [conversion]; 338(d) [fra...

Excerpt: ...bber Co. v. Seaquist (1991) 235 Cal.App.3d 1, 18.) The information must be “the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” (Civ. Code § 3426.1(d)(2).) In re Providian Credit Card Cases (2002) 96 Cal.App.4th 292, 300–301 (Providian) stated: The courts of this state have traditionally treated the issue of whether information constitutes a trade secret as a question of fact. There may be a number ...

Excerpt: ..., 2021. (Anderson Decl., Ex. E.) This motion was filed on July 16, within the time to answer. Proper Court CCP § 396b(a) provides that when a plaintiff sues in an improper court, the case must be transferred to the proper court. “It is the moving defendant's burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds.” (Mitchell v. Superior Court (1986) 186 Cal.App.3d 1040, 1046.) Plaintiff all...

Excerpt: ... seal records 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. (...

Excerpt: ...eave depends on whether the proposed crossclaims are compulsory or permissive. Crossclaims are compulsory for any “related cause of action,” meaning any that “arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.” (CCP § 426.10(c) [defining “related cause of action”]; see CCP § 426.30(a) [prohibiting other actions against plaintif...

Excerpt: ... the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors.” A determination of good faith “shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (CCP § 877.6(c).) CCP § 877.6(d) provides, “The party asserting the la...

Excerpt: ...tion 51(f) incorporates the Americans with Disabilities Act, for which the plaintiff “need not prove intentional discrimination.” (Munson v. Del Taco, Inc. (2009) 46 Cal.4th 661, 665.) Defendant argues the complaint fails under this theory because, without a nexus to a physical location, a website is not a “place of public accommodation” under the ADA. The second theory is for intentional discrimination under Civil Code §§ 51(b) and 52(...

Excerpt: ...and citations omitted.) “It has long been established that in ruling on a demurrer, the trial court is obligated to look past the form of a pleading to its substance. Erroneous or confusing labels attached by the inept pleader are to be ignored if the complaint pleads facts which would entitle the plaintiff to relief.” (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908; accord Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 13...

Excerpt: ...ions 1-3, 5-11, 13-16, 18-21, 24, 25, 27, 28, 30, 32-34, 36-41, 46, and 47 are overruled. Summary Judgment or Adjudication Courts grant summary judgment or adjudication 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.) Courts “liberally construe the evidence in support of the party opposing summary judgme...

Excerpt: ..., fka FSLA Holdings LLC (FSLA) to five of the causes of action in plaintiff Santos Laguna, S.A. DE C.V.'s (Santos) complaint. Defendants now demur to three of the eleven causes of action in plaintiff's first amended complaint (FAC) on the ground they fail to state facts sufficient to constitute a cause of action.[1] (Code Civ. Proc., § 430.10, subd. (e).) I. Fourth Cause of Action for Breach of the International Agreement Santos operates men's a...

Excerpt: ...der the Federal Arbitration Act, “any party arguing waiver of arbitration bears a heavy burden of proof. As such, a party seeking to prove waiver of a right to arbitration must demonstrate: (1) knowledge of an existing right to compel arbitration; (2) acts inconsistent with that existing right; and (3) prejudice to the party opposing arbitration resulting from such inconsistent acts.” (Martin v. Yasuda (9th Cir. 2016) 829 F.3d 1118, 1124 (Mar...

Excerpt: ... alleges five causes of action against defendant Regina Sadykova: 1) Electronic impersonation [Penal Code § 528.5] 2) Invasion of privacy 3) False light 4) Appropriation of name or likeness 5) Defamation Plaintiff alleges that on September 14, September 15, and December 23, 2020, defendant posted on Instagram in Russian referring to the parties' divorce proceedings in Russia and accusing plaintiff of bribing judges. (FAC, ¶¶ 10-12.) In Novembe...

Excerpt: ...of the proceeding, including during trial, when no prejudice to the opposing party is shown.” (P&D Consultants, Inc. v. City of Carlsbad (2010) 190 Cal.App.4th 1332, 1345 (P & D).) 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.) Calif...

Excerpt: ...urisdiction' provides that where two (or more) courts possess concurrent subject matter jurisdiction over a cause, the court that first asserts jurisdiction assumes it to the exclusion of all others, thus rendering ‘concurrent' jurisdiction ‘exclusive' with the first court.” (Franklin & Franklin v. 7‐ Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175 (Franklin).) “The rule is based upon the public policies of avoiding ...

Excerpt: ...n in the email accounts of plaintiff Lev Katsenelenson and his wife, Nicole Fu. In its request, defendant seeks to have an outside data-extraction consultant to forensically inspect, copy, and extract electronically stored information in: (1) the email from plaintiff to Crystal O'Brien dated March 20, 2018; and (2) the email from Nicole Fu to plaintiff dated November 12, 2020. (Okelberry Decl., Ex. E.) On December 21, 2020, Plaintiff responded on...

Excerpt: ...Buyer hereby expressly releases, remises, acquits and discharges each other and Company and its successors, parents, subsidiaries, affiliates, assigns as well as each of their respective owners, officers, directors, employees and agents (collectively “Releasees”) from and forever waive and relinquish, any and all claims, counterclaims, rights, set-offs, suits, damages (including, but not limited to, compensatory damages, tort damages, contrac...

Excerpt: ...a motion to compel the deposition of a party who fails to appear without having served a valid objection. Plaintiff served an objection with two grounds: (1) plaintiff and counsel were unavailable on the date defendant unilaterally selected without a good faith attempt to mutually schedule the date (citing Local Rule 3.A(e)(2)-(3)); and (2) a notice limiting questioning to the arbitration agreement violates Local Rule 3.A.(e)(1). (Harwin Decl., E...

Excerpt: ...ons. First, plaintiff failed to include an indispensable party. It is undisputed that Xceed Financial Credit Union has a security interest in the property based on a deed of trust from refinancing the property in 2014. (First Am. Comp., ¶¶ 9-10.) The only dispute is whether that means Xceed must be named as a defendant. Xceed is a necessary party. CCP § 872.510 provides, “The plaintiff shall join as defendants in the [partition] action all p...

Excerpt: ...Herman makes 14 objections to defendants' evidence. The declarations of Allen Todd Justice and Raymond Scott Coffman were both signed under penalty of perjury under the laws of the State of North Carolina in Charlotte, North Carolina. CCP § 2015.5(b) requires that a declaration executed outside of California specify that the declarant certifies under penalty of perjury under the laws of the State of California. The declarations and exhibits they...

Excerpt: ...decide whether to confirm the award regardless of whether defendants' motion was filed too soon because plaintiff filed a motion to vacate the award. CCP § 1286 provides, “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 ...

Excerpt: ...onscionability using a sliding scale. (Serafin v. Balco Properties Ltd., LLC (Serafin) (2015) 235 Cal.App.4th 165, 185.) Plaintiff shows some procedural unconscionability. “Procedural unconscionability focuses on oppression or surprise due to unequal bargaining power.” (Armendariz v. Foundation Health Psychcare Services, Inc. (Armendariz) (2000) 24 Cal.4th 83, 114, internal quotes omitted.) “Procedural unconscionability occurs when the stro...

Excerpt: ...011.” On January 26, 2021, the clerk again rejected plaintiff's application for renewal of judgment, stating, “There is only 1 Judgment on file. The last Application for and Renewal of Judgment filed on 3-7-11 shows both Debtors on 1 Application. You can add an attachment if the Judgment amounts for each Debtor differ.” On March 10, 2021—after the March 7 deadline—the clerk accepted plaintiff's final application for renewal and issued a...

Excerpt: ...te a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) The TAC includes many legal conclusions and arguments. The court shall assume the ultimate facts alleged in the complaint are true, but shall not assume as true the TAC's contentions, deductions or conclusions of fact or law. (Nguyen v. Ford (2020) 49 Cal.App.5th 1, 11.) The TAC alleges two causes of action: (1) breach of contract and (2) tortious breach of the implied covenant of goo...

Excerpt: ...tiary Objections Defendants Venkat Devineni, Global Soft Technologies LLC, Nucleus Erudition and Research Corp., and Quantilus, Inc. make numerous objections throughout their separate statement of facts in opposition to the motion. California Rules of Court, rule 3.1354 requires evidentiary objections be filed separately and requires one of two formats for evidentiary objections and the proposed order on them. Rule 3.1354(b) provides: “All writ...

Excerpt: ...the “initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement purportedly bearing the opposing party's signature.” (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1060 (Espejo).) Only after the opposing party “challenge[s] the validity of that signature” must the moving party “establish by a preponderance of the evidence that the signature was authentic.” (I...

Excerpt: ...and supplemental (17-24) declarations of Justine San Luis. All 24 objections are OVERRULED. Existence of Agreement The California Arbitration Act provides that courts shall grant motions to compel arbitration where the parties executed a valid written agreement to arbitrate. (CCP § 1281.2) The law favors enforcement of valid arbitration agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) Defendants su...

Excerpt: ...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 carefully and with as much detail as the facts which constitute the cause of action and are alleged in the complaint.” (In re Quantification Settlem...

Excerpt: ... opposition to the Haresh parties' motion to bifurcate trial. The publicly filed version of the document completely redacts pages 57 to 116 of the deposition transcript. CRC 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...

Excerpt: ...ctric Co., Ltd. moves to dismiss for lack of personal jurisdiction. CCP § 418.10(a)(1) provides that a defendant (including a cross-defendant) may move “[t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” As stated in Floveyor Internat., Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 797, “A state court's assertion of personal jurisdiction over a nonresident defendant who has not been serve...

Excerpt: ...een you and us or our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. (Proudfoot Decl., Ex. A, p. 5.) Of plaintif...

Excerpt: ...: (a) they do not need to respond to four sets of requests for production of documents; (b) they do not need to produce two people for depositions; and (c) plaintiffs Community Family Care Medical Group IPA and Preferred IPA of California can serve no more written discovery. The Civil Discovery Act provides, “The court, for good cause shown, may make any order that justice requires to protect any party… from unwarranted annoyance, embarrassme...

Excerpt: ... allege sufficient facts for this cause of action against Steuernol. The implied covenant only applies to a contract between the parties. (Racine & Laramie, Ltd. v. Department of Parks & Recreation (1992) 11 Cal.App.4th 1026, 1031-33.) The second amended complaint does not allege any contract between plaintiff and Steuernol. Plaintiff's claims arise from an unsuccessful attempt to purchase two pieces of real property. (SAC, ¶ 1.) Plaintiff alleg...

Excerpt: ...cally entitled to entry of that judgment by the court, simply because the defendant defaulted. Instead, it is incumbent upon the plaintiff to prove up his damages, with actual evidence.” (Kim v. Westmoore Partners, Inc. (2011) 201 Cal. App. 4th 267, 272.) Plaintiff fails to prove he is entitled to the amounts he claims on his first, second, fourth, fifth, and ninth causes of action. Recovery for Fourth Year For all of plaintiff's causes of acti...

Excerpt: ...esents Chelebian in this case and employs Chelebian as its vice president. In 2017, O'Gara sued Richie. Richie filed a cross-complaint, and O'Gara filed an anti-SLAPP motion to strike the cross-complaint. Richie's opposition to that motion included a supporting declaration from Chelebian. In this lawsuit, O'Gara alleges Chelebian breached his severance agreement by providing that declaration and Chelebian's promises in the severance agreement wer...

Excerpt: ...3, subdivisions (b) and (d). For the reasons stated herein, the court finds no basis to set aside the dismissal. BACKGROUND FACTS This personal injury action arises from an incident that occurred on February 8, 2014. The case went to trial in February 2020. After Fettig rested, the parties settled. On June 25, 2020, the court denied plaintiff's motion to set aside the settlement. On August 18, 2020, the court denied plaintiff's motion for reconsi...

Excerpt: ...motion to strike shall be entitled to recover his or her attorney's fees and costs.” Background Defendants filed an anti-SLAPP motion on February 23, 2021. The notice of motion stated: Specifically, the Schwartzbergs seek to strike the FAC's (i) Second Cause of Action for Breach of Written Contract, (ii) Fourth Cause of Action for Specific Performance, (iii) Tenth Cause of Action for Interference with Prospective Economic Advantage, (iv) Eleven...

Excerpt: ...en time for hearing on (a) motion for evidentiary and monetary sanctions; and (b) motion for order deeming truth of requested for admissions; 2. Defendant's demurrer to third amended complaint; and 3. Defendant's motion to strike portions of third amended complaint. EX PARTE APPLICATION Given the impending trial date of July 20, 2021, the court finds good cause for an order shortening time on defendant's discovery motions. The court hereby sets t...

Excerpt: ...out Keosian, and Melkon Melkonian (Keosian defendants) demur to the SAC's second cause of action for harassment. I. Keosian Law, LLP's demurrer to the entire SAC Keosian Law, LLP demurs on the grounds that it was not plaintiff's employer, which is required for all causes of action in the SAC. Plaintiff, however, alleges sufficient facts for successor liability. One business entity can be liable for another entity's debts when it is a mere continu...

Excerpt: ...ement (BPA) attached as Exhibit B to the first amended complaint is signed on behalf of defendant by only John Gevorgyan, but the signature line for “S. Mnatsakanyan/L. Harutyunyan” is blank. “If the allegations in the complaint conflict with the exhibits, [courts] rely on and accept as true the contents of the exhibits. However, in doing so, if the exhibits are ambiguous and can be construed in the manner suggested by plaintiff, then [cour...