Excerpt: ... potentially recoverable under each theory. At the hearing, the court stated that it was going to rule on the viability of particular theories, but not as to any particular number that could be awarded under any viable theory. The court believed that the specific number would not be the proper function of a motion for summary adjudication, which, after all, still required that the moving party demonstrate no triable issue of fact. The court specu...

Excerpt: ...led this sexual harassment and discrimination action against defendants. Defendants have moved to compel arbitration, claiming that plaintiff so agreed as part of her employment contract. Plaintiff opposes. A party seeking to enforce an arbitration agreement has the initial burden of proving that such an agreement exists. (Giuliano v. Inland Empire Personnel, Inc. (2007) 149 Cal.App.4th 1276.) No matter how broad the alleged arbitration clause an...

Excerpt: ...ts demur on the ground that the complaint is barred by res judicata. Plaintiff opposes. Defendants' request for judicial notice is GRANTED. Although plaintiff objects, the objections were not timely. Even were they timely, though, the documents may be judicially noticed. The request is for an October 12, 2021 minute order issued by the court, the judgment in the earlier case, the notice of entry of that judgment, and various other pleadings filed...

Excerpt: ...erald Dairy. (For convenience, the court refers to defendants collectively because the differentiation does not really matter for purposes of this motion. The court recognizes, of course, that the defendants are different and that in some respects that distinction is important.) The agreement provided that defendants would purchase promissory notes in the amount of $1.75 million and would obtain warrants to purchase a number of shares of common s...

Excerpt: ...100% clear. However, the motion was not in proper format and was difficult (bordering on impossible) to read or understand. On May 3, 2023, the court continued the matter to June 7, 2023 and ordered USCL to submit a new brief that was no longer than 15 pages, and was double- spaced including quotes and footnotes. (The latter because USCL had an unusual number of lines and pages devoted to single-spaced things such that the brief was actually very...

Excerpt: ...s only to the easement; the court recognizes that an easement and an equitable servitude are different things, but the analysis below is the same either way) requiring that the property remain in its natural state. Defendants demur primarily on statute of limitations grounds. They claim that plaintiff was put on inquiry notice way back in 2016 by virtue of a letter sent by the California Coastal Commission that was copied to plaintiff. More on th...

Excerpt: ...ation is set forth (or appears to be set forth) in either the operative complaint or cross-complaint. There is no question but that there is a privacy interest here. Plaintiff is seeking financial records from defendant's financial institution. Those records not only show deposits from various sources, but also payments including the payees. It is private stuff, and there is really no doubt about it. Having successfully articulated a privacy inte...

Excerpt: ...lien-holders who had perfected liens relating to the injury. Plaintiff's counsel asked defense counsel to re-issue the check made out only to plaintiff or plaintiff and her counsel and not the lienholders because the check that had been issued could not be cashed without the lienholders' endorsements. Defendant refused, at least absent a statement from plaintiff's counsel that all the liens had been satisfied. The dispute is this. Defendant conte...

Excerpt: ...default, the default interest rate was to be 4%/month (or 48% per annum). Defendant did not repay the note when due. Plaintiffs (Nuguid) sued on the note and cross-complainant (Sokol) brought the cross-complaint alleging that the note was usurious and sought remedies therefor. Cross- defendants demur, alleging that the note is not usurious under New Jersey law, and that under California's choice of law rules, New Jersey law in fact governs. Sokol...

Excerpt: ...ruary 3, 2023, while their application for a writ of attachment (later granted) was pending. Specifically, plaintiffs sought an order enjoining Knibb from further transferring the proceeds from the loan until plaintiffs have been able to levy on the assets and requiring Knibb to disclose within a day all of the accounts in Knibb's name and to require Knibb to disclose within a day all the accounts into which the $200,000 had been deposited, and t...

Excerpt: ...nt on Monday or Tuesday of next week. As a preliminary matter, the court is aware of the supplemental declaration filed in support of the motion for a preliminary injunction filed yesterday but only available to the court this morning. The declaration consists of attachments only (that is, the declaration was authenticating only; it was not substantive in any other way). The court does not see how that document is particularly germane to the disc...

Excerpt: ...the court does not believe that the flaw is jurisdictional. The major point defendant makes is that in the early meet and confer process, these RFP's were not mentioned. However, defendant agrees that the matter was brought to defendant's attention during the process. Defendant repeatedly agreed to respond, but in fact never did. Defendant claims that the response was tied to the IDC date. That makes no sense to the court at all, although the cou...

Excerpt: ...s from Hewitt's personal bank account. Hewitt moved to quash the subpoena. That issue was resolved by way of an IDC before Judge Karlan that resulting in a stipulation signed by the parties and ordered by the court. The order required the production. Plaintiff served the order on Bank of America, which then produced certain records. Plaintiffs contend that as they went through the records, they realized that some were missing. Plaintiffs wrote to...

Excerpt: ...ly, but the parties are ordered to meet and confer to reach acceptable search term parameters. Plamtiffs Media Rights Capital II, LLC (f/k/a Media Rights Capital II, LP), Knight Takes King Productions, LLC, and MRC II Distribution Company LP (collectively "plaintiffs") filed this insurance coverage action agamst defendants Certain Underwriters at Lloyd's, London Subscribing to Policy No. DRI 701899/243 (the Undenvnters Policy) and Fireman's Fund ...

Excerpt: ...ners is the developer of a project that aimed to redevelop the iconic Century Plaza Hotel together unth the construction of t'.vo condominium towers. (Compl„ 147.) In 2016, NCP secured 51.016 billion in private construction financing for the project (ld. at 155.) Plaintiffs allege that the senior construction loan of $446 million was from JP Morgan, the senior mezzanine financing of $120 million from CDCF IV, and $450 million in junior mezzanme...

Excerpt: ...mmed that he is not competent to stand trial. Even so, it was also determined that he could not be held involuntarily as a dangerto himself or others, and therefore he is (or was) being released. Plamtiffs allege that they are concerned that Arturo will return to his parents' home and continue to put plaintiffs and their property in jeopardy. Plamtiffs moved for a preliminary injunction to bar defendants from allowing Arturo to move back into the...

Excerpt: ... This is a very interesting discovery motion involving the attorney work product doctrine. (Although sometimes the patties throw in the attorney/client privilege, the work product doctrine seems more apt) At issue here are the notes and drafts of tvvo doctors who provided an opinion that Spacey had a sickness or Illness that was covered under the terms of the policies at issue. A bit of background. Kevin Spacey was mvolved in the production of th...

Excerpt: ...plaintiff. Plaintiff agreed to dismiss the instant case without prejudice, but if the agreed sum was not paid by a date certain, the dismissal would be with prejudice, meaning that plaintiff would no longer stand in the way of a foreclosure sale. Accordmg to plaintiff, the talks hit a glitch because (according to plamtim an unauthorized tenant was living in the home and plaintiff could not realistically sell it with the tenant in place. That mean...

Excerpt: ... 17, about a week and a half before the FSC materials were due. There is no indication that anything had been sent while defendant had counsel. Butbe that as it may, going forward withoutreal FSC materials in a jury trial is a recipe for disaster. Even with that, the court is notternbly sympatheticto defendants predicament The motion to be relieved as counsel was filed on March 10, 2023. There is no indication that defendant did much of anything ...

Excerpt: ...d stand or fall on what defendants knew and when they knew it In other words, ifthe defendants (or either of them) were on notice of this potential danger before plaintiff bought the product but yet kept it on the market, punitive damages was an issue that could well go the jury. On the other hand, if defendants were not on notice of this risk, then continuing to sell the product would not warrant punitive damages as there would be no fraud, oppr...

Excerpt: ... all cases. Rather, they are guidelines as to the court's general views. Each case, of course, will be decided on Its own facts and circumstances, and some of the guidelines below may not apply to particular circumstances. That said, the court does take these views seriously. Discovery Responses The Court provides the following guidance concerning Its general views on some common issues regarding responses to written objections. The Court has not...

Excerpt: ...sert that Honda knew of the defect due to several Techmcal Service Bulletins (TSB) issued as well as from consumer complaints, but that Honda failed to disclose the defectto plaintiffs before the carwaspurchased. (ld., at "21-42.) Plaintiffs' car had this defect Plaintiffs sue for fraud, claiming that Honda had a duty to disclose the problem, but failed to do so. Honda demurs to that cause of action. The parties' requests for judicial notice are ...

Excerpt: ...fers from InterGroup to Doyle during a four month period. Defendant claims that the SI is overbroad but the court disagrees. Whether InterGoup is sending money to Doyle is pertinent to the case. Defendant contends that there is no allegation that Doyle stole money or obtained it wrongfully. But plaintiff need not allege or so prove. The point is that if money is headed Doyle's way, it could support the theory that the investment was a fraud. It a...

Excerpt: ...trial subpoenae are narrower. They must set forth what is being sought with particularity and they must be targeted. They must be necessary to the trial, meaning that they are not available simply because they might lead to the discovery of admissible evidence. The subpoena here is overbroad and invades Pomerantz's privacy without cause. While Buckley adverts to federal law concerning what is private, California law is broader. To get private inf...

Excerpt: ...y of a charging order. Such an order constitutes a lien on the judgment debtor's transferable interest and requires the entity to pay over to the judgment creditor any money that would otherwise have been paid to the judgment debtor. Here, Harari seeks a charging order for Marmon's alleged membership in Joshua Tree 1, LLC. Harari has presented evidence suggesting that Marmon attempted to transfer his interest to his wife as her sole and separate ...