Excerpt: ...nd heard the arguments rules as follows: (1) Defendant's Motion for Protective Order Defendant moves for a protective order that it need not answer special interrogatories 23 and 24: 23: Please IDENTIFY each resident of the FACILITY during the time period(s) in which the PLAINTIFF was a resident of the FACILITY. 24: Please IDENTIFY the RESPONSIBLE PARTY of each resident of the FACILITY during the time period(s) in which the PLAINTIFF was a reside...

Excerpt: ...ersonal jurisdiction the burden shifts to the plaintiff to demonstrate by a preponderance of the evidence that all necessary jurisdictional criteria are met.” (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1232–1233.) Plaintiff does not establish a basis for general jurisdiction over defendant Streetcar ORV. For a corporation, a state court has general jurisdiction where it “is fairly regarded as at home,” and ...

Excerpt: ...arties' conduct may create an implied-in-fact contract limiting the employer's termination rights. (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 337 (Guz).) Whether the parties' conduct does so depends on the “totality of the circumstances.” (Ibid.) Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654, 680 (Foley) listed the key considerations for finding an implied-in-fact contract: In the employment context, factors apart from considerat...

Excerpt: ...ion for her testimony based on her understanding of the business's recruitment and the onboarding processes and her maintenance of employee personnel files. (Machorro Decl., ¶¶ 3-6.) Existence of Agreement The opposition argues defendants failed to meet their burden of establishing plaintiff Monique Echols signed the arbitration agreement. Defendants can meet their initial burden by attaching a copy of the purported arbitration agreement bearin...

Excerpt: ...ation to or judicial notice of unpublished opinions is generally prohibited. (Hernandez v. Restoration Hardware, Inc. (2018) 4 Cal.5th 260, 269, fn. 2; CRC 8.1115(a).) Judicial notice of Exhibit A is DENIED. Demurrer 60-Day Notice Plaintiff provided sufficient pre-suit notice for the second cause of action but not for the first. Plaintiff's first two causes of action allege violations of Proposition 65, which was codified as Health and Safety Cod...

Excerpt: ...ween counsel, the nature of the issues, the type and scope of discovery requested, the prospects for success and other similar factors can be relevant” to determining whether a party tried hard enough to resolve the dispute. (Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) On Friday, March 26, 2021, plaintiff's counsel sent a meet and confer letter demanding a response the same day. (Schein Decl., Ex. 5.) Plaintiff filed this motion ...

Excerpt: .... Realty, Inc., Commonwealth Investments, Inc., Mooreport Holdings Limited, Gilu Investments Limited and Akshi Investments Limited (Haresh parties) to bifurcate trial of cross-complaints. B. The Haresh parties' motion to bifurcate trial on liability. C. The court's order to show cause (OSC) dated April 14, 2021, regarding certain cross-defendants named in the Haresh parties' cross-complaint. A. Motion to Bifurcate on Cross-complaints The Haresh p...

Excerpt: ...action for “fraudulent inducement – concealment.” Fraud by concealment requires: (1) the defendant concealed or suppressed a material fact; (2) defendant had a duty to disclose the fact to plaintiff; (3) defendant intentionally concealed or suppressed the fact with intent to defraud plaintiff; (4) plaintiff must have been unaware of the fact and would have acted otherwise if she had known of the concealed fact; and (5) plaintiff suffered da...

Excerpt: ...nsideration any matter relevant to the leave requested, including, but not limited to, the following: (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 moti...

Excerpt: ...January 27, 2020, and the divorce was finalized on July 23, 2020. (FAC, ¶ 9.) Plaintiff alleges five causes of action against defendant based on the following facts: 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 November 2020, she also created a Gmail account and used plaintiff's...

Excerpt: ...scovery process. Misuse of the process includes “[f]ailing to respond or to submit to an authorized method of discovery” (CCP § 2023.010(d)) and “[d]isobeying a court order to provide discovery.” (CCP § 2030.010(g).) Discovery sanctions should be imposed incrementally, “starting with monetary sanctions and ending with the ultimate sanction of termination.” (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.A...

Excerpt: ...the owner has attempted to keep secret.” (Abba Rubber Co. v. Seaquist (1991) 235 Cal.App.3d 1, 18.) Morlife, Inc. v. Perry (1997) 56 Cal.App.4th 1514, 1521–1522 discussed client lists as trade secrets: With respect to the general availability of customer information, courts are reluctant to protect customer lists to the extent they embody information which is “readily ascertainable” through public sources, such as business directories. On...

Excerpt: ...z v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) On September 27, 2018, plaintiff Arye Abraham entered into a lease agreement with Long Beach BMW for the lease of a 2018 BMW 340i. (Mendoza Decl., ¶ 3, Ex. A [lease].) The lease agreement includes an arbitration clause, which provides, “NOTICE: Either you or I may choose to have any dispute between us decided by arbitration and not in a court or by jury trial. If a disp...

Excerpt: ...ty Cargill Incorporated to respond to a subpoena for business records. The subpoena seeks six categories of documents. The subpoena is not enforceable as to categories 1-3 and 6. Nonparty subpoenas for business records cannot require production of records that the nonparty did not itself prepare or generate. (Cooley v. Superior Court (2006) 140 Cal.App.4th 1039, 1044-1045.) Deposition subpoenas for the production of business records require “[a...

Excerpt: ...e pleadings on all three causes of action in the third amended complaint (TAC) filed by plaintiff Drago Culinary Productions, LLC (Drago). Peterson also moves to strike numerous portions of the TAC. BACKGROUND FACTS A. Summary of Facts Alleged in Third Amended Complaint Peterson operates an automobile museum. Drago previously operated a restaurant and catering business in the museum. In 2016, Drago and Petersen entered into two contracts. The fir...

Excerpt: ...for “intentional tort” (i.e., intentional infliction of emotional distress). On summary judgment, the court determines whether an opposing party cannot show evidentiary support for a pleading or claim, resulting in summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 (Aguilar).) The pleadings frame the issues on a motion for summary adjudication. (Howard v. Omni Hotels Management Corp. (2...

Excerpt: ...: (1) admissibility of the documents: authenticating the documents, getting foundation for them, and establishing hearsay exceptions; (2) establishing that defendant's officers, directors, or managing agents committed, ratified, or authorized the conduct shown in the documents. The opposition argues on the basis of only one objection: the “documents” (i.e., the deposition of its person most qualified about those documents) are not reasonably ...

Excerpt: ...ion agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) On July 5, 2019, plaintiff and Dynamic Nursing Services, Inc. entered into an alternative dispute resolution agreement. (Lutza Decl., ¶ 3, Ex. B.) It provides, “THIS ALTERNATIVE DISPUTE RESOLUTION AGREEMENT IS A WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR A DISPUTE RELATING TO EMPLOYEE'S EMPLOYMENT, WAGE AND HOUR ISSUE, OR TERMINA...

Excerpt: ...laintiff cannot get default judgment unless the complaint suffices to state a cause of action. Grappo v. McMills (2017) 11 Cal.App.5th 996, 1015.) Plaintiff seeks to quiet title to real property at 2644 S. Rimpau Blvd, Los Angeles, California 90016. For quiet title, CCP § 761.020 provides: The complaint shall be verified and shall include all of the following: (a) A description of the property that is the subject of the action. In the case of ta...

Excerpt: ...nly 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.) The moving party bears the initial burden of establishing there are no triable issues of material fact. (Aguilar, supra, 25 Cal.4th at p. 850.) The moving party may satisfy its initial burden by relying on the opposing party's “factually devoid discove...

Excerpt: ...” Fraud by concealment requires: (1) the defendant concealed or suppressed a material fact; (2) defendant had a duty to disclose the fact to plaintiff; (3) defendant intentionally concealed or suppressed the fact with intent to defraud plaintiff; (4) plaintiff must have been unaware of the fact and would have acted otherwise if she had known of the concealed fact; and (5) plaintiff suffered damage as a result of the concealment. (Boschma v. Hom...

Excerpt: ...ring: May 28, 2021 I. Defendants' Motion to Strike Doe Amendment and Proof of Service of Summons on CW Creations, Inc. and/or to Quash Service of Summons Defendants Medicali Holdings Inc., a California Corporation (Medicali CA), Medicali Holdings Inc., a Nevada Corporation (Medicali NV), and Charles Weinberger move to strike the Doe Amendment and service of summons on CW Creations, Inc. The moving defendants, however, lack standing to make this m...

Excerpt: ...defendants did not include a copy of the deed as required under CRC 3.1306(c). The request is DENIED. Misjoinder Defendants argue that plaintiff's wife, Linda Sittler, is an indispensable party under CCP § 389(a) because she purchased the subject property with Ronald Sittler. Linda Sittler's name does not appear in the complaint; defendant relies on the Grant Deed to show that she and Ronald purchased the property as joint tenants. The court doe...

Excerpt: ... a party fails to respond to requests for admission, the requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted. (CCP § 2033.280(b).) Failure to timely respond to requests for admission also waives any objection. (CCP § 2033.280(a).) On March 8, 2021, plaintiff served requests for admission, set two on defendant Chay. (Park Decl., ¶ 3, Ex. B.) Chay ...

Excerpt: ... Richfield Co. (2001) 25 Cal.4th 826, 849; CCP § 437c(p)(1).) Plaintiff's complaint alleges a single cause of action for breach of contract. Breach of contract requires: (1) a contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) resulting damages. (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) “A settlement agreement is a contract, and the legal principles which apply to contracts general...

Excerpt: ...he answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible. (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral. Rather than denying the plaintiff's allegations, affirmative defenses assert new allegations that would defeat the plaintiff's claims. (CCP § 431.3...

Excerpt: ...orporation or unincorporated association created for the purpose of managing a common interest development.” Civil Code §§ 5660, 5675(e), 5705, and 5710 each impose requirements on common interest associations related to assessments and foreclosures. Although a homeowners association owes duties to its members, an agent of the association owes duties “to the ‘association' and its board of directors, not to individual owners of separate pr...

Excerpt: ...on-party Helen Shih, a purported agent of Chen. Chen lives in China (Chen Decl., ¶ 4) but has received actual notice. The statutes on constructive service are “liberally construed to effectuate service and uphold the jurisdiction of the court if actual notice has been received by the defendant.” (Pasadena Medi-Center Associates v. Superior Court (1973) 9 Cal.3d 773, 778.) But actual notice is not sufficient; plaintiff must substantially comp...

Excerpt: ...bitrate 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.” (Ibid.) Defendant meets its initial burden. Exhibi...

Excerpt: ...) and Mark Goldberg move for summary judgment or, alternatively, summary adjudication of issues against plaintiff ProPortion Foods, LLC (ProPortion).1 BACKGROUND FACTS USI is an insurance agency. Mark Goldberg is an insurance agent who works at USI. USI and Goldberg procured a property and casualty policy from United Fire and Casualty Company (United Fire) for ProPortion with $25 million in policy limits: $10 million for business property coverag...

Excerpt: ...Under their lease, L.A. Care owes judgment debtor at least $19,973.05 monthly in rent until 2028. (Vahedi Decl., Ex. 2.) After paying its expenses, IHC nets about $18,500 per month. On average, IHC disburses the following monthly payments to its shareholders: (1) $7,500 to Mehrdad Setareh, (2) $6,500 to Kamran Setareh, and (3) $4,500 to Daniel and Sepehr Setareh. (M. Setareh Decl., ¶ 7.) CCP § 708.510(a) provides that courts may order a judgmen...

Excerpt: ... 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 Cal.App.4th 1106, 1116-1117.) The requests for judicial notice are GRANTED. Statute of Limitations A demurrer should be sustained where “the complaint shows on its face that the statute [of limitations] bars the action.” (E-F...

Excerpt: ...lity for simple or gross negligence by health care providers. Plaintiffs must plead and prove something more than negligence—that is, reckless, oppressive, fraudulent, or malicious conduct.” (Fenimore v. Regents of University of California (2016) 245 Cal.App.4th 1339, 1347, citations omitted (Fenimore).) In Fenimore, the court held that allegations of “more than a simple understaffing” suffice to show recklessness. (Fenimore, supra, 245 C...

Excerpt: ...laint. Plaintiff alleges that after it purchased an insurance policy from Sentinel, it suffered economic losses as a result of the COVID-19 pandemic and related actions by federal, state, and local authorities and California and federal courts. The Second Amended Complaint further states Sentinel wrongfully denied plaintiff's claim for coverage of these losses. Plaintiff prays for compensatory and punitive damages pursuant to its breach of contra...

Excerpt: ... documents that reference, summarize, or quote the confidential documents. A preliminary injunction is appropriate where the moving party is likely to succeed on the merits and the harm to the movant caused by denying the injunction would outweigh the harm to the opposing party from granting the injunction. (Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, 286.) There is a sliding scale between the two factors; more of one factor can make up f...

Excerpt: ...CP § 437c(f)(1) provides: A party may move for summary adjudication as to… one or more issues of duty, if the party contends… that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. Plaintiff argues that whether RHC Automotive was his em...

Excerpt: ...ruary 2020. (Complaint, ¶ 34.) Plaintiff filed two separate motions to quash or limit a total of 14 subpoenas for business records defendant The Rehabilitation Centre of Beverly Hills, Inc. served to various healthcare providers, facilities, and pharmacies. The subpoenas seek numerous types of medical records from March 1, 2018 to the present. Physician-Patient Privilege Plaintiff argues that the physician-patient privilege protects the records ...

Excerpt: ...� 452(d)(1). The request is GRANTED. Summary Adjudication Plaintiff moves for summary adjudication of seven issues: 1. “The issues which formed the basis for the criminal conviction of Defendant Pipatpol Kokilawatee of California Penal Code § 243.4(a) are barred from relitigation in this action by all parties based upon the Doctrine of Collateral Estoppel, and therefore there are no triable issue that: (1) an intimate part of Plaintiff's body ...

Excerpt: ...iff Michael Ben-Shoshan's claims. Defendant contends the parties settled the case after attending a mandatory settlement conference (MSC) with Judge Lisa Hart-Cole on November 6, 2019. In his moving papers, defendant did not disclose to the court that (1) he previously filed a motion to enforce the same purported settlement pursuant to Code of Civil Procedure section 664.6 and (2) Judge Susan Bryant-Deason, the judicial officer previously presidi...

Excerpt: ...iling to respond or to submit to an authorized method of discovery” (CCP § 2023.010(d)) and “[d]isobeying a court order to provide discovery.” (CCP § 2030.010(g).) Discovery sanctions should be imposed incrementally, “starting with monetary sanctions and ending with the ultimate sanction of termination.” (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604.) “[A] terminating sanction should ge...

Excerpt: ... Melkonian (Keosian defendants) and defendant Richard Berberian demur to the second cause of action for harassment. I. Timeliness Plaintiff's opposition argues the demurrers were untimely. As to Keosian and Melkonian, plaintiff filed proofs of substituted service showing service on January 22 and 25, 2021. The declaration of their attorney, Jack K. Kechichian, in support of the reply shows that the parties met and conferred about service. (¶¶ 3...

Excerpt: ...ng any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following: (A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine. (B) Limits a major life activity. For purposes of this section: ...

Excerpt: ... timely response, the requesting party may move for an order compelling responses. (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [requests for production].) A court must impose monetary sanctions against any party or attorney who unsuccessfully opposes a motion to compel, unless the one subject to the sanction acted with substantial justification or other circumstances would make sanctions unjust. (CCP §§ 2030.300(d) [interrogatories]; 2...

Excerpt: ...ness entity status webpage for LAReggaeclubs.com, LLC. Judicial notice is proper under Evidence Code § 452(h) because both are not reasonably subject to dispute and capable of immediate and accurate determination by resort to the Secretary of State's website. I. Jamaican Gold, LLC Suspended business entities may not prosecute or defend an action. (Cal-Western Business Services, Inc. v. Corning Capital Group (2013) 221 Cal.App.4th 304, 310.) Jama...

Excerpt: ...sonally served on the same day. Timeliness This motion is timely. Despite the limitations of CCP § 438, a common-law “motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself.” (Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650.) Merits Defendant moves for judgment on the pleadings on all eight causes of action in the second amended complaint. The causes of action in the caption do not mat...

Excerpt: ... 20190091638, in the office of the Los Angeles County Recorder. Exhibit C: Notice of Trustee's Sale, recorded on May 8, 2019, as Document No. 20190417400, in the office of the Los Angeles County Recorder. Exhibit D: Trustee's Deed Upon Sale, recorded on June 3, 2019, as Document No. 20190507736, in the office of the Los Angeles County Recorder. Exhibit E: July 17, 2019 Order Granting Motion for Relief from the Automatic Stay. Exhibit F: Notice of...

Excerpt: ...t against plaintiff Scott Peebles for seven causes of action: 1. Breach of Contract 2. Breach of Fiduciary Duty 3. Breach of Duty of Confidence 4. Breach of Duty of Loyalty 5. Misappropriation 6. Comprehensive Computer Data Access and Fraud Act 7. Declaratory Relief Each cause of action arises from plaintiff's alleged taking of confidential documents without authorization. Evidentiary Objections Plaintiff makes seven objections to the Declaration...

Excerpt: ...intiff Shashikant Jogani's motion for preference. 2. The motion of defendants and cross-defendants Haresh Jogani, J.K. Properties, Inc., H.K. Realty, Inc., Commonwealth Investments, Inc., Mooreport Holdings Limited, Gilu Investments Limited and Akshi Investments Limited (Haresh parties) for leave to file a cross-complaint. A. Motion for Preference A party over 70 years old may petition the court for a preference when “[t]he health of the party ...

Excerpt: ...California (2004) 121 Cal.App.4th 1112, 1126 explained the standard for disqualifying an expert: The party seeking disqualification must show that its present or past attorney's former employee possesses confidential attorney-client information materially related to the proceedings before the court. The party should not be required to disclose the actual information contended to be confidential. However, the court should be provided with the natu...

Excerpt: ...CCP § 2030.220(a) provides, “Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” CCP § 2030.300(a)(1) provides that a party may move to compel further responses to interrogatories when an answer is evasive or incomplete. CCP § 2030.300(d) provides that a court must impose monetary sanctions against a party who unsuccessfully makes or...

Excerpt: ... 741.) Courts “liberally construe the evidence in support of the party opposing summary judgment and resolve doubts concerning the evidence in favor of that party.” (Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 389.) For employment discrimination and retaliation claims, “California follows the burden shifting analysis of McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 to determine whether there a...

Excerpt: ... In 2017, Santos and FSLA entered into agreements regarding the broadcasting rights of the men's team (Original Agreement) and women's team (Women's Team Agreement). At the time, FSLA was a subsidiary of Twenty-First Century Fox, Inc. (Fox). In December 2018, FSLA requested Santos to split the broadcasting rights under the Original Agreement into two new agreements—one with FSLA for Mexican and international rights (International Agreement), an...

Excerpt: ...aintiff Michael Herman. Alternatively, the CBD defendants move for summary adjudication of plaintiff's seventh cause of action for conversion, eighth cause of action for declaratory relief, and twelfth cause of action for declaratory relief. BACKGROUND FACTS At the heart of this action is a dispute between plaintiff and defendant Raymond Scott Coffman. Coffman was formerly an officer and majority shareholder of defendant West Coast Development Ca...

Excerpt: ...hapour's son (¶ 2) and he resided at the property. (¶ 7.) The complaint also attaches parts of the policy as Exhibit A. The page titled “Agreement” has a list of definitions, including “insured means you and residents of your household who are: a. your relatives…. .” (Ex. A.) The complaint includes the operative contractual definition of “insured” and alleges the facts showing that definition includes Shervin Motamedi. It need not...

Excerpt: ... of Christine Donatelli. It is OVERRULED. Merits Under both the Federal Arbitration Act and California law, the party opposing arbitration succeeds if it can prove the agreement's unconscionability. (Hoffman v. Citibank, N.A. (9th Cir. 2008) 546 F.3d 1078, 1082; Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 235.) The opposing party must show both procedural and substantive unconscionability using a sl...

Excerpt: ...te in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.” Neither provision explicitly requires that the notice must cite legal authority. Defendant's Notice of Petition complies. The first paragraph states the petition “will be made on the grounds that Plaintiff's Complaint and each cause of action therein is governed by and subject to a binding arbitration agreement contained within the sub...

Excerpt: ...ertainty are disfavored, and are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond. [Citations.]” (Ibid., alterations and internal quotations omitted.) The complaint sometimes uses the term “Defendants” without specifying which of the six named defendants was involved. (See, e.g., ¶¶ 23, 24, 31, 35-37.) This lack of clarity does not prevent the complaint from sufficiently apprising defendants o...

Excerpt: ...egations of defendants' communication or petition to the City of Los Angeles. Defendants do not seek to strike any of the other causes of action. This order only pertains to the causes of action challenged by defendants' motion. BACKGROUND FACTS Plaintiff Rivas-Stoller Equities, LLC (Stoller) is a real estate developer who purchased two parcels of real property located at 1105 and 1135 Rivas Canyon Road in Pacific Palisades. After developing the ...

Excerpt: ...n costs collectible under this title unless otherwise provided by law. Attorney's fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney's fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5 [when a contract authorizes attorney's fees]. “[M]onetary [discovery] sanction orders are enforceable th...

Excerpt: ...state sufficient facts to state a cause of action against him. He argues plaintiff's allegations regarding alter ego are conclusory and insufficient, and that the first amended complaint is a “sham” pleading because it impermissibly omits allegations contained in the complaint. The court rejects both arguments. ANALYSIS A. Conclusions, Ultimate Facts, and Evidentiary Facts To state a cause of action, the plaintiff must plead the “ultimate f...

Excerpt: ...ration is extrinsic evidence. The court cannot consider it. Breach of Implied-In-Fact Contract Plaintiff fails to allege sufficient facts to state a cause of action for breach of implied-in-fact contract. Pacific Bay Recovery, Inc. v. California Physicians' Services, Inc. (2017) 12 Cal.App.5th 200, 215 (Pacific Bay) held: “[T]he vital elements of a cause of action based on contract are mutual assent (usually accomplished through the medium of a...

Excerpt: ...ce conditionally under seal but did not actually file a motion to seal them, much less obtain an order permitting defendant to file the documents under seal. As a result, the only moving papers filed were the redacted documents. Aside from the caption pages, every page of each document is just black. There are effectively no moving papers or evidence in the official court record in support of defendant's motion for summary judgment or adjudicatio...

Excerpt: ...ration in support of that motion, he states he could not afford his attorneys at Loeb & Loeb in May 2020 and signed a substitution of attorney on June 3, 2020. (¶ 2.) He did not understand he had to file an answer to the Cross-Complaint. (¶¶ 3-4.) On October 20, he retained attorney James Eashoo, but could not afford to pay him either, and signed a substitution of attorney to represent himself again on November 3. (¶ 6.) Cross-complainants is...

Excerpt: ...es, LLC. 3. The fact that plaintiff Albert's complaint alleged a cause of action for specific performance based on breach of contract. 4. The fact that Blake & Associates, LLC alleged in its verified cross-complaint that in or about May 2009, and since then, Blake & Associates has been in the business of performing records reviews for physicians who render medical services to Workers' Compensation applicants. 5. The contents of the protective ord...

Excerpt: ...de is whether the contract between plaintiff and Scorpion includes an arbitration provision. The court determines whether the parties entered into a binding agreement to arbitrate under general principles of contract law. (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 236 (Pinnacle).) Under California law, a written contract may include provisions of a document not physically attached to the document ...

Excerpt: ...) to specially set and/or bifurcate trial. 3. The Haresh parties' motion for a protective order. 4. The motion of defendants and cross-complainants and Chetan Jogani and Rajesh Jogani (Chetan and Rajesh) to compel further responses to first set of special interrogatories.[1] 5. Chetan and Rajesh's motion to compel further responses to first set of requests for production of documents (1-23) 6. Chetan and Rajesh's motion to compel further response...

Excerpt: ...in this case dated December 2, 2020; and 5. The Application for Approval of Hinds & Shankman, LLP as Counsel for Referee, Stephen J. Donell, Pursuant to CCP §§873.110 and 873.120 and Petition for Instructions Pursuant to CCP §873.070; Declarations of Stephen J. Donell and Rachel M. Sposato, Esq. in Support Thereof, filed in No. BC715282. All the documents are court records subject to judicial notice under Evidence Code § 452(d). The requests ...

Excerpt: .... Allan Turner, Orange County Superior Court Case No. 30-2017- 00960865-CU-BC-CJC; 4. The judgment entered on February 4, 2020 in the Orange County case; 5. The First Amended Complaint in the related case, Ya‐Ya Holdings, LLC v. Meyer et al., No. BC695400; and 6. The docket in No. BC695400. All the documents are court records subject to judicial notice under Evidence Code § 452(d). The requests are GRANTED. Statute of Limitations The statute o...

Excerpt: ...s may disregard allegations when the amended complaint “seeks to avoid the defects of a prior complaint by omitting the facts that rendered the complaint defective or by pleading facts inconsistent with the allegations of the prior pleadings.” (Owens v. Kings Supermarket (1988) 198 Cal.App.3d 379, 383-84.) The sham pleading doctrine does not apply because the First Amended Complaint neither omits crucial facts nor pleads inconsistent facts. T...

Excerpt: ...ion v. Susan Ahn, et al., Case No. 19STCV12166. The document is a court record subject to judicial notice under Evidence Code § 452(d). The request is GRANTED. Evidentiary Objections Defendants make 13 evidentiary objections to the Declarations of Susan Ahn and Jonathan Jo. Numbers 4 and 5 are SUSTAINED as hearsay and number 12 is SUSTAINED for lack of personal knowledge. Numbers 1-3, 6-11, and 13 are OVERRULED. Summary Judgment or Adjudication ...

Excerpt: ... fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) At this stage in the proceedings, the court shall assume the ultimate facts alleged in the complaint are true, but shall not assume as true the complaint's contentions, deductions or conclusions of fact or law. (Nguyen v. Ford (2020) 49 Cal.App.5th 1, 11.) A. First Cause of Action for Breach of Contract To state a cause of action for breach ...