Excerpt: ...seventh (unjust enrichment), and eighth (interference with business relations) and tenth (conspiracy) causes of action. Leave to amend is granted as to the third, fourth, fifth, seventh, and eighth causes of action, but plaintiff must be able to allege claims either founded in contract and seeking contractual remedies, or founded in tort and based on “(1) facts showing that the plaintiff's property right in the information at issue stems from s...

Excerpt: ... A.J. Rassamni shall provide further responses, without objections to Form Interrogatories – Employment, set one, numbers 207.2, 208.1, 208.2, 211.2, 211.3. (Code Civ. Proc. § 2030.300.) The motion is denied as to interrogatory number 209.1. Defendant A.J. Rassamni shall serve his responses no later than 20 court days from the date of this order, with the time to run from the service of this minute order by the clerk. To impose monetary sancti...

Excerpt: ...alse factual assertion; (3) the factual assertion is false; and (4) the defendant failed to take reasonable care to determine the truth or falsity of the assertion. (Hecimovich v. Encinal School Parent Teacher Organization (2012) 203 Cal.App.4th 450, 470; Judicial Council of Cal. Civ. Jury Instns. (Feb. 2021 rev.) CACI No. 1704.) However, where the plaintiff is a private figure suing over a statement addressing an issue of public concern, plainti...

Excerpt: ...f covenant of quiet enjoyment, (4) negligence, (5) violation of Civil Code sections 1942.4, 1942.5, (6) unfair business practices. Plaintiffs move for summary judgment, or alternatively summary adjudication of each cause of action. Where plaintiffs seek summary judgment, the burden is to produce admissible evidence on each element of a “cause of action” entitling them to judgment. (Code Civ. Proc., § 437c, subd. (p)(1); see Hunter v. Pacific...

Excerpt: ...de Civ. Proc., § 2031.310.) The motion can be utilized to attack a response containing: an objection; an agreement to comply that is incomplete; or a statement of inability to comply that is incomplete or evasive. (Code Civ. Proc., § 2031.310, subd. (a).) The motion must be served within 45 days after service of a verified response (extended if served by mail, overnight delivery, fax or electronically). (See Code Civ. Proc., §§ 1010.6, subd. ...

Excerpt: ...) Moving party is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. To grant Defendant Aaron J. Carter, M.D.'s Motion for Summary Judgment. (Code Civ. Proc. § 437c(c).) Moving party is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. To grant D...

Excerpt: ...the entire action until an arbitration is had in accordance with the order to arbitrate. (Code Civ. Proc., § 1281.4.) Explanation: Moving Party Burden: The moving party must prove by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396‐397, 399‐400; Graphic Arts Int'l Union v. Oakland Nat'l Engraving Co. (1986) 185 Cal.Ap...

Excerpt: ... order that a record be filed under seal 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 record is not sealed; (4) the proposed sealing is narrowly tailored; and (5) no less restrictive means exist to achieve...

Excerpt: ...4, 6, 7, 9, 10, and 11. All other objections are overruled as immaterial to the determination of the motion. (Code Civ. Proc., § 437c, subd. (q).) Explanation: Burden on Summary Judgment In ruling on a motion for summary judgment or summary adjudication, the court must “consider all of the evidence' and all of the 'inferences' reasonably drawn there from and must view such evidence and such inferences 'in the light most favorable to the opposi...

Excerpt: ...a)(1) which provides that, “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve or file a motion … [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” “On a challenge to personal jurisdiction by a motion to quash, the plaintiff has the burden of proving, by a preponderance of the evidence, the factual...

Excerpt: ...d when the 2016 Polaris Ranger Crew XP (“Subject Vehicle”) she was driving rolled over. Plaintiff alleges that the Subject Vehicle was defective in design, and in order to demonstrate that alternative safer designs were feasible when Polaris constructed the Subject Vehicle, Plaintiff seeks to depose the American Honda Motor Company and compel it to produce extensive documentation regarding the safety netting installed on Honda's UTVs. The dis...

Excerpt: ...laims, plaintiffs must prove the same elements, namely that (1) defendant owed them a duty of care, (2) defendant breached that duty, and (3) plaintiff suffered damages as a proximate result of the breach. (Castellon v. U.S. Bancorp (2013) 220 Cal.App.4th 994, 998.) In order to prevail on a premises liability claim, plaintiffs must show that defendant owned, leased, occupied, or controlled the subject property. (Contreras v. Anderson (1997) 59 Ca...

Excerpt: ...996) 45 Cal.App.4th 705, 713, quoting § 437c, subd. (c).) To prevail on a motion for summary judgment, it is the moving party's burden to prove there is a complete defense or that plaintiff cannot establish one or more elements of each of his causes of action. (Barber v. Marina Sailing, Inc. (1995) 36 Cal.App.4th 558, 562.).) To show that plaintiff cannot establish his claims, defendant may either (1) affirmatively negate one or more elements of...

Excerpt: ...'s request for judicial notice of Exhibits A through G pursuant to Evidence Code Secs. 452(a), 452(c) and 452(d)(1). To take judicial notice sua sponte pursuant Evidence Code Sec. 452(c) of the postings on the website of the California Secretary of State for the entity known as Valley Cardiac Surgery Medical Corporation. Explanation: Third Cause of Action—Retaliation and Wrongful Termination in violation of Labor Code Sec. 1102.5 Labor Code Sec...

Excerpt: ...t 502. Defendant Hurley's opposition shall be served and filed on or before Thursday, September 9, 2021. Plaintiff's reply shall be served and filed on or before September 17, 2021. Explanation: If the party opposing the motion for summary judgment or adjudication shows by declaration that essential evidence “may exist but cannot, for reasons stated, be presented,” the court shall deny the motion, or continue it for a reasonable period, or �...

Excerpt: ... the Settlement Administrator, by January 10, 2022. Explanation: Certification of Class for Settlement: Settlements preceding class certification are scrutinized more carefully to make sure that absent class members' rights are adequately protected, although there is less scrutiny of manageability issues. (Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9, 19.a) The ...

Excerpt: ...r punitive damages only. Plaintiff is granted 20 days' leave to amend. The time in which an amended pleading may be filed will run from service by the clerk of the minute order. All new allegations in the amended complaint are to be set in boldface type. Explanation: This case was filed on December 9, 2019. Two causes of action are alleged: (1) negligence; and (2) legal malpractice. Defendant Stephen Labiak now demurs to both causes of action. Ea...

Excerpt: ...ndant Ford Motor Co.'s objections. None are material to the outcome of the instant motion. Explanation: Defendant Ford Motor Co. (“FMC”) now moves to compel arbitration. It brings the instant motion based on the broad language of the Arbitration Provision that plaintiff signed when she purchased the subject Vehicle. In relevant part, the Arbitration Provision states: Any claim or dispute, whether in contract, tort or statute… between you an...

Excerpt: ...esire to file a first amended complaint, that must be done within 20 days from the date of this order and any new allegations must be in bold print. Explanation: “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” (Code Civ. Proc., 452.) Furthermore, “[t]his rule of liberal construction means that the reviewing co...

Excerpt: ...cedure, section 473c, subdivision (f)(2), “A party shall not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.” (Code Civ. Proc., § 437c, subd. (f)(2).) If a party brings a renewed summary...

Excerpt: ...2.551(a).) “A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” (Cal. Rules of Court, rule 2.551(b)(1).) “The party requesting that a record be filed under seal must lodge it with the court under (d) when the motion or application is made, ...

Excerpt: ...lse factual assertion; (3) the factual assertion is false; and (4) the defendant failed to take reasonable care to determine the truth or falsity of the assertion. (Hecimovich v. Encinal School Parent Teacher Organization (2012) 203 Cal.App.4th 450, 470; Judicial Council of Cal. Civ. Jury Instns. (Feb. 2021 rev.) CACI No. 1704.) However, where the plaintiff is a private figure suing over a statement addressing an issue of public concern, plaintif...

Excerpt: ...cy limit settlement with plaintiff was in good faith pursuant to Code of Civil Procedure sections 877 and 877.6. Defendants Jorawar Singh Nagra and Amandeep Singh dba Handi Stop Mini Mart (“Handi Stop”) filed this motion opposing the settlement. Vasquez argues that the opposing parties fail to meet their burden to provide admissible evidence establishing lack of good faith. However, on a contested motion it is still the settling party's burde...

Excerpt: ... that arises out of the same incident that led to plaintiffs' decedent's death. He contends that it would constitute a violation of his Fifth Amendment rights to have to choose between testifying in the civil case to defend himself and potentially incriminating himself, or remaining silent in the civil case and potentially being subjected to civil sanctions in order to avoid incriminating himself. An application for a stay is addressed to the sou...

Excerpt: ...defendants Judge Harrell, Judge Alvarez and Judge Simpson's demurrer to plaintiff's first amended complaint without leave to amend. (Code Civ. Proc., § 430.10, subd. (a).) To find moot defendant Judge Gamoian's demurrer to plaintiff's first amended complaint. To deny plaintiff's motion. Explanation: Defendants Judge Harrell, Judge Alvarez and Judge Simpson's Demurrer to Plaintiff's First Amended Complaint Subject Matter Jurisdiction. No specific...