Excerpt: ...bjection in the response is without merit or too general.” (CCP § 2031.310(a).) Meet and Confer Defendant General Motors, LLC argues plaintiff did not meet and confer in good faith before filing this motion. Plaintiff sent a detailed meet and confer letter on July 20, 2023 (Treybig Decl., ¶¶ 23-24, Ex. 5), over three weeks before filing this motion. The record includes no evidence that defendant responded to the letter. Defendant asserts the...

Excerpt: ... because CarMax assigned its contractual rights to ACA. “An assignee stands in the shoes of the assignor, taking his or her rights and remedies subject to any defenses the obligor has against the assignor prior to notice of the assignment.” (Creative Ventures, LLC v. Jim Ward & Associates (2011) 195 Cal.App.4th 1430, 1447, internal quotes omitted.) ACA authenticated a copy of a retail installment sales contract between plaintiff and CarMax. (...

Excerpt: ... consistent with or not supported by the facts.” (CCP § 663, subd. 1.) “In ruling on a motion to vacate the judgment the court cannot ‘ “in any way change any finding of fact.” ' ” (Glen Hill Farm, LLC v. California Horse Racing Bd. (2010) 189 Cal.App.4th 1296, 1302.) Defendant contends the judgment relies on an incorrect or erroneous legal basis because the court did not properly apply the lease and its addendum's terms defining “...

Excerpt: ...unding interrogatories may move to compel further responses when an answer “is evasive or incomplete,” “[a]n exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate,” or “[a]n objection to an interrogatory is without merit or too general.” (CCP § 2030.300(a).) Code of Civil Procedure section 2030.220 provides how a party must answer interrogatori...

Excerpt: ...ree causes of action allege violations of the Franchise Investment Law (FIL), Corporations Code section 3100, et seq. Defendants argue plaintiffs have no standing to sue under that law because they do not qualify as “franchisees.” The law “grant[s] standing to sue for violations of the Franchise Investment Law to franchisees or subfranchisors.” (Dameshghi v. Texaco Refining & Marketing, Inc. (1992) 3 Cal.App.4th 1262, 1284, overruled on o...

Excerpt: ...ause of action. Intentional infliction of emotional distress requires: “(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct.” (Hughes v. Pair (2009) 46 Cal.4th 1035, 1050....

Excerpt: ...ion transcripts. 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 ...

Excerpt: ... against Kelly Seidlitz and Annette Seidlitz. “If a party” disobeys an “an order compelling further response to interrogatories, 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, that sanction, the court may impose a monetary sanction.” (Code Civ. Proc., § 2030.310, subd. (e).) Kelly Seidlitz and Annette Seidli...

Excerpt: ... set one. When a party fails to timely respond to interrogatories, the requesting party may move for an order compelling responses. (CCP § 2030.290(b).) Failure to timely respond waives any objections. (CCP § 2030.290(a).) Gibson served special interrogatories, set one, on plaintiff on January 4, 2023. (Rosenthal Decl., ¶ 2, Ex. A.) Plaintiff had not served responses as of July 27, when Gibson filed this motion. (Id., ¶ 3.) Plaintiff did not ...

Excerpt: ...rogatories, and requests for production of documents. When a party fails to timely respond to interrogatories or demands for inspection, the requesting party may move for an order compelling responses. (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [demands for inspection].) Failure to timely respond waives any objections. (CCP §§ 2030.290(a); 2031.300(a).) On May 24, 2023, defendant Carrington Mortgage Services, LLC served set one of for...

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: ...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: ... 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: ...� (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1057 (Espejo).) The moving party can meet the “initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement purportedly bearing the opposing party's signature.” (Id. at p. 1060.) For this initial burden, “ ‘it is not necessary to follow the normal procedures of document authentication.' ” (Id. at p. 1058.) Only aft...

Excerpt: ...P Plaintiff Ugo O. Asobie moves to compel further responses by defendant Universal Protection Services, LP (Universal) to special interrogatories Nos. 1-72, 79, 80, 89, and 90. A party propounding interrogatories may move to compel further responses when an answer “is evasive or incomplete,” “[a]n exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate,...

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