Excerpt: ... returns a verdict for plaintiff awarding actual damages and finds that a defendant is guilty of malice, oppression, or fraud.” (Civ. Code, § 3295(d).) This provision “requires a court, upon application of any defendant, to bifurcate a trial so that the trier of fact is not presented with evidence of the defendant's wealth and profits until after the issues of liability, compensatory damages, and malice, oppression, or fraud have been resolv...

Excerpt: ...arty shows that an 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 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 moving party does so, the burden shifts to the opposing party to show a triable issue of at least one ma...

Excerpt: ...cts as true, but a demurrer does not admit the plaintiff's contentions nor conclusions of law or fact.” (Czajkowski v. Haskell & White, LLP (2012) 208 Cal.App.4th 166, 173.) Courts “will not close their eyes to situations where a complaint contains allegations of fact inconsistent with attached documents, or allegations contrary to facts which are judicially noticed.” (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593,...

Excerpt: ...anty of merchantability against all defendants, (3) negligent repair against all defendants, (4) misrepresentation against all defendants, and (5) violation of the Magnuson-Moss Warranty Act (Magnuson-Moss Act) against Hyundai Motor America. 2022 Owner's Handbook & Warranty Information Section 4 of plaintiff's vehicle owner's handbook and warranty information provides that “for California vehicles only,” “you and we, Hyundai Motor America, ...

Excerpt: ...ges four causes of action: 1. breach of loan agreement, 2. fraud, 3. common count, and 4. rescission. The motion does not mention plaintiff's causes of action for fraud or rescission. Legal Standard A plaintiff moving for summary adjudication must prove each element of each cause of action; once the plaintiff does so, the burden shifts to the defendant to show a triable issue of at least one material fact. (Aguilar v. Atlantic Richfield Co. (2001...

Excerpt: ... signatures on a new contract with different terms (Opp. Ex. 2). Plaintiffs oppose the motion on the grounds that they never agreed to arbitrate these disputes because they did not sign the contract. They do not, however, dispute entering the first agreement. The question for this motion is thus whether, by signing the first agreement, plaintiffs agreed to arbitrate disputes arising from the alleged forgery of a second contract. “In light of Ca...

Excerpt: ...ff Ido Erlich Webber requests judicial notice of eight exhibits. Exhibits A through E are five LLCs' statements of information filed with the Secretary of State. Exhibits F, G, and H are three certificates of limited partnerships filed with the Secretary of State. These documents are subject to judicial notice because they are public records not reasonably subject to dispute and capable of immediate and accurate determination by resort to the Sec...

Excerpt: ...ntiff's declaration. All 14 objections are overruled. Delegation to Arbitrator Defendant argues an arbitrator, not the court, should determine whether the parties' arbitration agreement must be enforced. “Parties to an arbitration agreement may agree to delegate to the arbitrator, instead of a court, questions regarding the enforceability of the agreement. [Citation.] They ‘can agree to arbitrate almost any dispute—even a dispute over wheth...

Excerpt: ...5) 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.) Sixth Cause of Action for Fraud Defendant does not meet its initial burden of ne...

Excerpt: ...s such a dispute, plaintiff cannot be compelled to arbitration. Defendants argue the EFAA does not apply because the law is not retroactive, and plaintiff's cause of action for harassment accrued before it was enacted. The court agrees the EFAA “does not apply retroactively.” (Murrey v. Superior Court (2023) 87 Cal.App.5th 1223, 1230 (Murrey).) Instead, the law applies “with respect to any dispute or claim that arises or accrues on or after...

Excerpt: ...tion 1102.5. Both require that defendants employed plaintiffs. (Miklosy v. Regents of University of California (2008) 44 Cal.4th 876, 901 [a “cause of action for wrongful termination in violation of public policy lies only against an employer”]; Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703, 709 [“section 1102.5 prohibits an employer from retaliating against an employee”].) Defendants argue plaintiffs have not alleged s...

Excerpt: ...another action, Jennifer Medvin v. Dignity Health, et al., No. 20STCV07382. Plaintiff requests judicial notice of two other documents from that action: (1) notice of settlement and (2) request for dismissal of the entire action. All three documents are court records whose existence and legal effects are subject to judicial notice under Evidence Code § 452(d). (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120.) All three re...

Excerpt: ...l arbitration.” (CCP § 1281.97(a)(1).) If the drafting party does not timely pay, the employee may “[w]ithdraw the claim from arbitration and proceed in” court. (CCP § 1281.97(a)(2).) “[T]he Legislature intended courts to apply the statute's payment deadline strictly.” (Espinoza v. Superior Court (2022) 83 Cal.App.5th 761, 771.) “[T]he triggering event is nothing more than nonpayment of fees within the 30-day period—the statute sp...

Excerpt: ...he declaration of Michael D. Chang and six objections to the declaration of Heather N. Blackinton. All objections are overruled. Service on LLCs Judgment creditor shows adequate proof of service on the four LLCs. “A lien on a judgment debtor's interest in a partnership or limited liability company is created by service of a notice of motion for a charging order on the judgment debtor and on either of the following: [¶] (2) All members or the l...

Excerpt: ...or law are claimed to be shown.” (Ibid.) The moving party must also show diligence and explain why he or she could not have presented the new or different facts or law earlier. (California Correctional Peace Officers Assn. v. Virga (2010) 181 Cal.App.4th 30, 46; Baldwin v. Home Sav. of America (1997) 59 Cal.App.4th 1192, 1200.) Plaintiff does not meet this standard. All of plaintiff's arguments and the new or different facts, circumstances, or ...

Excerpt: ...sues 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 Tow...

Excerpt: ...FCF Holdings LLC, fka FSLA Holdings LLC (FSLA) move for summary judgment or, in the alternative, summary adjudication on the causes of action asserted by plaintiff and cross-defendant Santos Laguna, S.A. de C.V. (Santos) in its First Amended Complaint. Santos moves for summary adjudication of the sole remaining cause of action in FSLA's Cross-Complaint, its first cause of action for breach of contract. I. Legal Standard The court may grant summar...

Excerpt: ...ejudice on January 4, 2023. Plaintiff therefore cannot obtain judgment against Sharma. Unknown Defendants Plaintiff's second amended complaint names as defendants all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to plaintiff's title under Code of Civil Procedure section 762.060(a). Those defendants have “the same rights as are provided by law in cases...

Excerpt: ...to produce responsive documents, and to attend a second session of his deposition. This motion is procedurally defective. As defendant acknowledges, discovery is closed. (Motion, pp. 12-13.) “[A]ny party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.” (CCP § ...

Excerpt: ...ts for judicial notice are granted. Demurrer Defendants Marc A. Collins, Azim Khanmohamed, and Collins & Khan LLP demur to the second and third causes of action alleged in the second amended complaint by plaintiffs Marshall Knoll and Reni Knoll, as an individual and in his capacity as trustee of the Hawkland Living Trust. 2nd Cause of Action: Extortionate Threats Plaintiffs do not allege sufficient facts for this cause of action. Civil extortion ...

Excerpt: ...17, Koplowitz filed a motion to quash service of summons and vacate her default. The court first heard the motion on December 6, 2017. The court's minute order notes process server Henrik Agasyan testified and was “ordered to return on” January 5, 2018. On January 5, 2018, Agasyan testified again. The court denied Koplowitz's motion. Koplowitz moved for reconsideration of that order and to vacate her default. On March 19, 2018, the court hear...

Excerpt: ...rising from the noise produced by defendants' air conditioning (AC) and pool equipment. The court ordered defendants to move all their AC and pool equipment to the area on the south side of their property—away from plaintiffs' property to the north. Defendants now seek an order dissolving the injunction or modifying it to permit them to relocate their two AC condensers to the roof of their property. A court may modify or dissolve a preliminary ...

Excerpt: ...cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.” Rather than disclosing an actual violation of law, “the employee must show only that he or she reasonably believed that there was a violation of a statute, rule, or regulation.” (Nejadian v. County of Los Angeles (2019) 40 Cal.App.5th 703, 719 [contrasting subdivisio...

Excerpt: ...de § 452(d). (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120.) Defendant also requests judicial notice of “The State Bar of California's listing of licensed attorneys (calbar.ca.gov) which shows neither Janice Deutsch or Duff Shidaker are licensed to practice law in the State of California.” That fact is subject to judicial notice as an official act of the judicial department and a fact not reasonably subject to disp...

Excerpt: ...n essential testimony, documents, or other material evidence despite diligent efforts” indicates good cause. (Rule 3.1332(c)(6).) Plaintiff shows good cause to continue the trial by 90 days. Plaintiff has shown an excused inability to obtain essential testimony or other evidence despite diligent efforts. Plaintiff's deposition of defendant Chong H. Park shows plaintiff could not obtain essential evidence despite diligent efforts. After Chong H....