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: ...which determination is sought." Plaintiff has previously been given leave to amend and has failed to state facts that the County has any interest in the real property at issue. Secondly, as to all causes of action, Plaintiff has failed to allege that he has filed a Govt Tort Claim before filing suit as required by Gov. Code SS 905, 945.4. Claims presentation are jurisdictional and mandatory. (Fidelity & Deposit Co. v. Claude Fisher, Co. (1958) 16...

Excerpt: ...ight to br-ng an independent cause of action on the underlying promissory note (aka the "One Action Rule"). (Code Civil Proc. S 726.) Code of Civil Procedure Section 726 provides "There can be but one form of action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real property, which action must be in accordance with the provisions of this chapter." This is known as the single achon rule, which mandates one ...

Excerpt: ..."Defendant was properly served with a copy of the summons and complaint." As the motion to set aside this judgment was denied, the finding has been made by prior court judgment that the eviction was proper. As such, this allegations of this cause of action are res judicata and the demurrer is sustained without leave to amend. As to the fifth cause of action for conversion of personal property, the demurrer is sustained without leave to amend. The...

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...

Excerpt: ... Ins. co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 129 Cal.Rptr.3d 601, 258 P.3d 737 (SeaBrjght).) This means that a hirer is typically not liable for injuries sustained by an independent contractor or its workers while on the job. Commonly referred to as the Privette doctrine, the presumption originally stemmed from the followng rationales: First, hirers usually have no right to control an independent contractor's work. (Privette, at p. 693, 2...

Excerpt: ...ration of further litigation, and the settlement amount—these factors can be useful in evaluating the fairness of a PAGA settlement." Moniz v. Adecco USA (2021) 72 cal.App.5th 56, 77. Here, the court finds that the settlement is fair and reasonable. The terms of the settlement provide a proportional distribution to each aggrieved employee based on the number of at-issue pay periods worked plus an additional $5.00 each. This distribution is fair...

Excerpt: ... Ins. co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 129 Cal.Rptr.3d 601, 258 P.3d 737 (SeaBrjght).) This means that a hirer is typically not liable for injuries sustained by an independent contractor or its workers while on the job. Commonly referred to as the Privette doctrine, the presumption originally stemmed from the followng rationales: First, hirers usually have no right to control an independent contractor's work. (Privette, at p. 693, 2...

Excerpt: ...iolation of the statute. In orderto establish a claim under the FDCPA, the facts as alleged must show that Defendant was a "debt collector" as defined by the Act, that Defendants' challenged conduct constituted "debt collection," and that the debt collection actons violated a provision of the Act. (See, e.g., Heintz v. Jenkins (1995) 514 U.S. 291, 294. Here, Plaintiff has alleged all three elements in the Complaint. Defendants have cited no autho...

Excerpt: ...gment Standard A defendant may move for summary judgment where "it is contended that the action has no merit " Code of Civil Procedure S 437c, subd. (a). "A defendant has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action." at subd. (p)(2). "O...

Excerpt: ...verning general demurrers apply. "[T]he court passing upon the question of the demurrer may look to affidavits filed on behalf of plaintiff, and the plaintiff's answers to interrogatories, as well as to the plaintiff's responses to requests for admissions. E. webb corp. v. structural Materials co. (1981) 123 cal.App.3d 593, 604. In the present case, the admissions order demonstrates, among other things, the following: (1) Defendant complied with ...

Excerpt: ... trial court has broad discretion to determine whether the settlement is fair. It should consider relevant factors, such as the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the the experience and views of counsel, the presence of a governmental par...

Excerpt: ...g up of affairs including sale of the real property with improvements thereon located at 12731 Loma Rica Driver, Grass Valley, California. ultimately, the single cause of action related to 12731 Loma Rica was remanded to this Court where it was adjudicated at court trial over several days. Thus, the costs being requested by Plaintiffs related to a long pending action spanning approximately nine (9) years. The fact is this cause of achon was part ...

Excerpt: ...communicate with is client. The Court notes, despite the granting of counsel's motion to withdraw, no proof of service has been filed evidencing service of that order on Plaintiff Thus, Plaintiff's counsel remains of record. The Court highlights this point due to the fact the original pending motions were served on Plaintiff's attorney of record. Moreover, this hearing date was not put forth on the Order relieving counsel. However, since no proof...

Excerpt: ...the ICF cause of action for wrongful foreclosure. The H08R only provides regulatory protections for foreclosures related to a party's principal residence. See Civil Code S 2924.15. Here, Plaintiff admits that both lots were "vacant" at the time of the Notces of Default. Exhibit C to the First Amended Complaint, at 55. Moreover, Plaintiff has admitted that he resides in Ohio. See RJN Exhibits 3, 6, 8, 13-14, and 23- 25. Plaintiff has also failed t...

Excerpt: ...ivil Procedure section 473(b) on grounds of "mistake, inadvertence, surprise, or excusable neglect." " 'In order to qualify for [discretionary] relief under section 473, the moving party must act diligently in seeking relief and must submit affdavits or testimony demonstrating a reasonable cause for the default.' " Huh v. Wang (2(m) 158 Cal.App.4th 1406, 1419. "In other words, the court's 'discretion may be exercised only after the party seeking ...

Excerpt: ...ir costs on appeal. Appellate costs include attorney's fees when they are permitted by statute or law. California Rules of court, rule code Civ. Proc. SS 1034. Plaintiffs argue they are entitled to appellate attorney fees based on Code of Civil Procedure section 1036, which provides, in relevant part: In any inverse condemnation proceeding, the court rendering judgment for the plaintiff by awarding compensation, , shall determine and award or all...

Excerpt: ...earlier date or otherwise address it until now. 2. Plaintiff's Motion to Compel Further Responses This matter comes on calendar in relation to Plaintiff, Richard Kyle Green's, timely filed Motion to Compel Defendant, Sheila Marie Zipfel, to Provide Further Responses to Form Interrogatories, Special Interrogatories, Requests for Production of Documents and Requests for Admissions (SET ONE) (hereinafter, "Mohon"). The Court has reviewed all pleadin...

Excerpt: ...murrer was sustained, but that is all." Community Water Coalition v. Santa Cruz County Local Agency Formation Com (2011) 200 Cal.App.4th 1317, 1329, citing People ex rel. Dept. Pub. Wks. v. Clausen (1967) 248 Cal.App.2d 770, 785—786. " 'The plaintiff may not amend the complaint to add a new cause of action without having obtained #rmission to do so, unless the new cause of action is within the scope of the order granting leave to amend.' " Ibid...

Excerpt: ... Cross-Complainant has failed to allege a speciÞc misrepresenta
Ÿon or omission that was made and the damages that stemmed therefrom. Allega
Ÿons that cross-defendant Malone sought to be a 1099 worker rather than a salaried employee do not demonstrate how Cross-Complainant was defrauded. As to the third cause of ac
Ÿon for professional negligence, the Cross-Complaint fails to allege the speciÞc professional services retained by Cross-Complai...

Excerpt: ...7 case, filed a request for judicial notice regarding Mr. Deal and orally requested the Court to strike all pleadings/ filings by Deal in both cases because Deal is allegedly a vexatious litigant who failed to obtain this Court's order of approval pursuant to Code of Civil Procedure section 391.7, subdivision (b), before making those filings. The Court issued an order to show cause why that relief should not be granted and directed the parties to...

Excerpt: ...roneously sued as RCI Property Management) ("RCI"), the Court does not believe that all the proposed amendments are futile. " 'Generally, motions for leave to amend are liberally granted. ' " Foroudi u Aerospace Corporation (2020) 57 Cal.App.5th 992, "However, 'leave to amend should not be granted where, in all probability, amendment would be futile. ' " ld. at IWI. " ' "Leave to amend should be denied only where the facts are not in dispute, and...

Excerpt: ...ivision (a), the trial court in its discretion may allow a third party to intervene in litigation pending between other parties if " '(1) the proper procedures have been followed; (2) the nonparty has a direct and immediate interest in the action; (3) the intervention will not enlarge the issues in the litigation; and (4) the reasons for the interventon outweigh any opposition by the parties presently in the action. [Citation.]' [Citation.] The p...

Excerpt: ...ch can be challenged by evidence. Objections to Evidence Defendant's Objections to the four declarations filed in support of Plaintiff's opposition are sustained to the extent such statements are submitted to contradict and/or oppose Plaintiff's admissions. Here, Plaintiff made 94 admissions in discovery. An admission is deemed true for purposes of the subject litigation, and Plaintiff cannot seek to introduce evidence to assert facts which are c...

Excerpt: ... v. County of Monterey (2008) 167 cal.App.4th 1379: In determining the amount of reasonable attorney fees to be awarded under a statutory attorney fees provision, the trial court begins by calculating the "lodestar" amount. The "lodestar" is "the number of hours reasonably expended multiplied by the reasonable hourly rate." To determine the reasonable hourly rate, the court looks to the "hourly rate prevailing in the community for similar work." ...

Excerpt: ...hat he could take advantage of me"- foundation, speculation. All other objections are overruled. The Court sustains the following objections (in whole or part) by Plaintiff to the Fitzhugh Declaration: (1) Objection 1 — foundation, conclusion, expert opinion; (2) Objection 4 — foundation, speculation; (3) Objection 7 in part, to wit: "Ms. Rith must have been able to...work." — speculation; (3) Objection 16 hearsay ; (4) Objection 17 in part...

Excerpt: ...ds outlasts its jurisdiction to grant relief pursuant statute, its inherent power is narrower than its ability to grant relief under 473(b), and it is exercised only in exceptional circumstances. (See, e.g., Rappleyea v. Campbell (1994) 8 Cal.4th 975, 98; Mechling v. Asbestos Defendants (2018) 29 Cal.App.5th 1241, 1246. In considering a request for relief from default on equitable grounds, courts apply a three-part test: "first, the defaulted par...