Excerpt: ...urden of demonstrating that the exercise of jurisdiction would be unreasonable.” Snowney v. Harrah's Entertainment, Inc. (2005) 35 Cal.4th 1054, 1062 (quotations omitted). “Generally speaking, a civil court gains jurisdiction over a person through one of four methods. There is the old -fashioned method —residence or presence within the state's territorial boundaries. There is minimum contacts —activities conducted or effects ge ne...

Excerpt: ...be d by the Judicial Council and shall inform the judgment debtor that the judgment debtor has 60 days within which to make a motion to vacate or modify the renewal. (b) Until proof of service is filed pursuant to subdivision (a), no writ may be issued, nor may any enforcement proceedings be commenced to enforce the judgment, except to the extent that the judgment would be enforceable had it not been renewed. “[T]here is no specified time perio...

Excerpt: ..., as it stands, unconnected with extraneous matters, states a cause of action.'” Hahn v. M ir d a (2007) 147 Cal.App.4th 740, 747. Ac c o r d McKenney v. Purepac Pharmaceutical Co. (2008) 162 Cal.App.4th 72, 79. As to the first cause of action, the complaint is sufficiently clear to allow the defendant to answer. “[A] plaintiff need not plead facts with specificity where the facts are within the knowledge and control of the defendant and ...

Excerpt: ...rge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.” Ib id . “[I]n order to establish a prima facie case of retaliation under the FEHA, a plaintiff must show (1) he or she engaged in a “protected activity,” (2) the employer subjected the employee to an adverse em...

Excerpt: ...f 's complaint lacks any information about dates or frequency of incidents and accusations that would allow the court to evaluate the totality of the circumstance s. Further, defend ant's accusations of a wide -ranging and successful criminal enterprise masterminded by plaintiff would appear to be inconsistent w it h a g e d is c r im in a t io n . Fif t h Ca u s e o f Ac t io n : ove rrule d. The litany of crimes defendant accuses p la in t if f...

Excerpt: ...at issue in t h e c iv il a c t io n ; (2 ) t h e p la in t if f 's s ig n if ic a n t in t e r e s t in p r o c e e d in g e xp e d it io u s ly with the civil action, and the potential prejudice the plaintiff could suffer with respect to t he loss of evidence or fading of recollections by the passage of time; (3) the moderate burden imposed by the civil action on the defendant who will need, with the assistance of counsel, to make thoughtful de...

Excerpt: ...r their quasi -marital interest in property may not be commenced or maintained under this title [10.5].” Resolution of this issue require s the court to consider whether it will recognize the decree of divorce of the parties by the Dubai Court of First Instance in the United Arab Emirates (“UAE”). The United States is not a party to the Hague Convention on the Recognition of Divorces and Legal Separations, done at the Hague, June 1, 1970 (9...

Excerpt: ...nt, courts must apply a three -step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether the moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated the existence of a triable, material issue of fact. ( Sun v. City of Oakland (2008) 166 Cal.App.4th 1177, 1182 -83; McGa rry v. Sa x (2008) 158 Cal.App.4th 983, 994; Hinesley v. Oaksha...

Excerpt: ...mortgagor or trustor and who is potentially eligible for any fe de ral, st at e , or proprie t ary fore closure pre ve nt ion alt e rnat ive program offered by, or through, his o r he r mort gage se rvice r.” (Civil Code § 2920.5(c)(1).) As Plaintiff has alleged only that his parents were the borrowers, and the HBOR does not extend protections to the Personal Representative of the Estate of a deceased borrower, he does not have standi ng. Thus...

Excerpt: ...article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute. The statute is designed to protect defendants “from the annoyance of having unmeritorious claims against them unresolved for unreasonable periods of t im e . ” ( Muno z v. Cit y o f Tracy (2015) 238 Cal.App.4th 354, 359. ) “If o n ap p e al an o rd e r grant ing a ne w t rial is affirme d o r a jud gme nt is re ve rse d and ...

Excerpt: ...t s h e ll, p la in t if f alleges that Defendants have improperly overridden diagnosis and treatment protocols recommended by Plaintiff's medical professionals, specifically his successful chiropractic treatment, and changed them to lesser treatments that are not proper or adequat e to treat Plaintiff's condition. ( Se e Amended Complaint including ¶ ¶ 1 -10.) First, each of the claims fail on their face to state sufficient facts to constitute...

Excerpt: ...] section 1161, subdivision 2 (section 1161(2).) ( Kwok v. Be rgre n (1982) 130 Cal.App.3d 596, 599– 600, 181 Cal.Rptr. 795.) [A] three -day notice must include “the amount which is due.” (§ 1161(2).) A notice that seeks rent in excess of the amount due is invalid and will not support an unlawful detainer action. (Er n s t Enterprises, Inc. v. Sun Valley Gasoline, Inc. (1983) 139 Cal.App.3d 355, 359, 188 Cal.Rptr. 641 (Ernst ).) In additio...

Excerpt: ...has read and considered those briefs . Subdivision (f)(2) of section 437c provides that “a party may 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 d iscovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion. ” Here, the court has closely exa...

Excerpt: ...hat (1 ) he was a member of a protected class, (2) he was performing c o m p e t e n t ly in h is p o s it io n , (3) he suffered an adverse employment action, and (4) he suffered the adverse action under circumstances that give rise to an inference of unlawful discrimination. Guz v. Be ch t e l Na t ion a l, Inc. (2000) 24 Cal.4th 317, 355. “To qualify as a member of the protected class under FEHA [based on disability], [the plaintiff] must de...

Excerpt: ...e no new facts or law to support such contentions. Sp e c if ic a lly, t h e m o v in g papers argue that the Court lacked jurisdiction to make the Order Appointing Receiver because the first Notice of Appeal was properly signed. However, this same argument was made in the 10 - 16- 23 brief at 1:27- 28 and rejected by Judge Durant. Movants also argue in the present moving papers that the judgment did not appoint a receiver, but only contemplated ...

Excerpt: ...Evidence Plaintiff's Objection to paragraph 7 of the Declaration of Brian Shaw filed on February 9, 2023, is overruled. The court need not address the other objections as the challenged paragraphs are immaterial to the issues raised in this motion. Standard of Review The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and ...

Excerpt: ...the judgment of a court of a foreign nation when the foreign court had proper jurisdiction and enforcement does not prejudice the rights of United States citizens or violate domestic public p o lic y .” In re Stephanie M. (1994) 7 Cal.4th 295, 314, c it in g Hilt on v. Gu yot (1 8 9 5 ) 159 U.S. 113, 202– 203; Vic t r ix S.S. Co ., S.A. v. Sa le n Dr y Ca r go A.B. (2d Cir.1987) 825 F.2d 709, 713. “Ext e n s io n o r d e n ia l o f c o m it...

Excerpt: ... by January 18, 2024. Further, service by mail was required to be completed by January 13, 2024. Here, the motion appears to have been served also on January 19, 2024. Additionally, on the merits, Plaintiff contends that the prior motion for summary judgment was filed pursuant to Rule 56, not C.C.P. section 437c. However, Rule 56 is a Federal Rule of Civil Procedure, and not a California rule of civil procedure. Thus, the argument is without meri...

Excerpt: ...the first cause of action is denied. Their motion for summary adjudication of the second cause of action is granted. Summary Judgment Standard Blackwell v. Vasilas (2016) 244 Cal.App.4th 160, 167–168 summarizes the applicable standard: A defendant is entitled to a summary judgment on the basis that the “action has no merit” (Code Civ. Proc., § 437c, subd. (a)) only where the court is able to determine from the evidence presented that “th...

Excerpt: ...mmary 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. " ' Le Francois v. Goel (2005) 35 cal.4th 1094, 1098 ("In this case, the individual defendants filed a new moton for summary judgment that did not satisfy...

Excerpt: ... (compelling initial interrogatory responses), 2031.300 (compelling initial document requests). A motion to compel initial discovery responses need not show good cause, meeting and conferring, or timely filing, and need not be accompanied by a separate statement. Sinaiko Healthcare Consulting. Inc. v. Pac. Healthcare Consultants (2007) 148 Cal. App. 4th 390, 404. Here, the opposition states that there was no meaningful meet and confer effort. How...

Excerpt: ...contract." Ibid. As for the third cause of action, " ' [i]f the allegations do not go beyond the statement of a mere contract breach and, relying on the same alleged acts, simply seek the same damages or other relief already claimed in a companion contract cause of action, they may be disregarded as superfluous as no additional claim is actually stated.' " Lewy v. Only Cremations for Pets. Inc. (2020) 57 Cal.App.5th 203, 215, Careau & Co. v. Secu...

Excerpt: ...ls to provide any facts to support such claim. There is no attachment to the form complaint providing the required details. As to the third cause of action for "other," the claim fails to state a cause of action because the complaint fails to provide any facts to support such claim. There is no attachment to the form complaint providing the required details. Also, to describe the "other" cause of action, Plaintiff states "stated in computer %.!" ...

Excerpt: ...illing and work paid for but not performed. As to the third cause of ac
Ÿon for professional negligence, the demurrer is sustained with leave to amend. The cross-complaint fails to allege the speciÞc professional services retained by cross-complainant demonstra
Ÿng that such posi
Ÿon required specialized knowledge or training that was breached. As to the fourth cause of ac
Ÿon for inten
Ÿonal inßic
Ÿon of emo
Ÿonal distress, the demurrer...

Excerpt: ...d does not seek, in the alternative, a continuance such that he may have more time to prepare a reply. Moreover, the Court's ruling is consistent with its prior ruling in relation to an identical request filed by Defendant Zipfel as to the same cause of action at issue in Wilson's motion. Accordingly, the Court exercises its discretion and accepts the late-filed Opposition. A motion for judgment on the pleadings has the same function as a general...