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...

Excerpt: ...; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” This action alleges breach of lease by the lessee of commercial property in Hollywood. The latter action is an unlawful detainer proceeding concerning the same property. Though they have overlapping issues, the primary issue in the unlawful detainer action is possession of the premises. (Harris...

Excerpt: ...trary to defendant's assertion, plaintiff alleges sufficient facts to show she had a mental disability. “ ‘Mental disability' includes, but is not limited to… [h]aving any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity.” (Gov. Code, § 12926(j)(1).) “ ‘Major life activities' shall b...

Excerpt: ...s to compelling the depositions. Plaintiffs seek monetary sanctions. “The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though … the requested discovery was provided to the moving party after the motion was filed.” (Cal. Rules of Court, rule 3.1348(a).) The court, however, finds defendants acted with substantial justification and sanctions would not be just under the circu...

Excerpt: ...ication, on their complaint and on the third amended cross-complaint by defendants/cross- complainants Barfly, Inc., Baret Lepejian, Lucas Lepejian, and Tayla Lepejian. Requests for Judicial Notice Plaintiffs/cross-defendants request judicial notice of 37 facts and exhibits. Request Nos. 9, 10, 18, 31, 32, and 33 may be court records subject to judicial notice under Evidence Code section 452, subdivision (d)(1), but they are irrelevant and unnece...

Excerpt: ...the opposition. Legal Standard for Sealing Records California Rules of Court, rule 2.550(d) provides: A court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the r...

Excerpt: ... (Airs Aromatics, LLC v. CBL Data Recovery Technologies, Inc. (2018) 23 Cal.App.5th 1013, 1018.) The body of plaintiff's first amended complaint alleges numerous specific items of damages. (See Hearn v. Howard (2009) 177 Cal.App.4th 1193, 1209 [“Because the body of the complaint alleged the specific amount of damages being sought, plaintiffs were not required to reiterate that sum”].) It alleges the following damages: $43,391.25 unpaid overti...

Excerpt: ... 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 for No. 1. Doing so is permitted and preferable t...

Excerpt: ...ons on the ground of lack of jurisdiction of the court over him or her.” There was no summons on the cross- complaint. The court already acquired jurisdiction over Marshall Knoll because he invoked it in the first place by filing this action as the plaintiff. Neither a summons nor service of process is required for a cross-complaint against a preexisting party to the action. Code of Civil Procedure section 428.60 provides, “A cross-complaint ...

Excerpt: ...“city … is defendant, its … answer need not be verified.” (CCP § 446(a).) Plaintiff provides no authority that a public entity defendant's answer must explain why it is not verified. Uncertainty Plaintiff argues the second amended answer is uncertain. It is not. “Demurrers for uncertainty are disfavored, and are granted only if the pleading is so incomprehensible that [the opposing party] cannot reasonably respond.” (A.J. Fistes Corp...

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: ...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: ...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: ...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...