Excerpt: ...y Injunction is GRANTED. "An injunction is a writ or order requiring a person to refrain from a particular act." Code Civ. Proc., S 525. "It may be granted by the court in which the action is brought, or by a judge thereof; and when granted by a judge, it may be enforced as an order of the court." Code Civ. Proc., S 525. Pursuant to Code of Civil Procedure section 527: "A preliminary injunction may be granted at any time before judgment upon a ve...

Excerpt: ... no duty to disclose. GM also moves to strike Plaintiff's claim for punitive damages on the ground that the fraudulent concealment cause of action fails and there is therefore no proper basis for such damages. l. Specificity "The elements of a claim for fraudulent concealment require a plaintiff to show that: '(1) the defendant ... concealed or suppressed a material fact; (2) the defendant [was] under a duty to disclose the fact to the plaintiff;...

Excerpt: ...rsuant to Evidence Code section 452, subdivision (d), Defendants have not identified or provided the specific court records for which judicial notice is being sought. Evid. Code 5453, subd. (b) and California Rules of Court, rule 3.1305(c). Additionally, the request is denied as irrelevant. Zucchet v. Galardi (2014) 229 Cal.App.4th 1466, 1474, fn. 5. The criminal case referenced by Defendants is against an unidentified non-party and no relevance ...

Excerpt: ...e Court, but the Court does not assume the truth of contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Defendant's argument is based on the 2022 Release, signed between the parties to settle a dispute about the profit-sharing clause in the original employment agreement. While the General Release signed in 2020 specifically excluded issues related to the profit-sharing clause, the 2022 Release cove...

Excerpt: ...iency of factual allegations in a complaint." (Rakestraw v. Cal. Physicians' Service (2000) 81 Cal.App.4th 39, 42.) Plaintiffs' well-pleaded facts are assumed to be true by the Court, but the Court does not assume the truth of contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Generally, it is an abuse of discretion to sustain a demurrer without leave to amend if there is any reasonable possibili...

Excerpt: ...nintelligible" (Code Civ. Proc., 5430.10, subd. (f)), "[a] demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures." (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Additionally, "[d]emurrers for uncertainty are disfawred, and are granted only if the pleading is so incomprehensible that a defendant cannot rea...

Excerpt: ...n — Elder Abuse Elder abuse is defined in Welfare & Institutions Code section 15610.07 as physical abuse, neglect, abandonment, isolation, abduction or other treatment resulting in physical harm, pain or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (Welt & Inst. Code S 15610.07(a)(1)-(2).) Neglect is defined in secton 15610.57 as "[tlhe negligent fai...

Excerpt: ...l Death) and Second Cause of Acton (Premise Liability and Wrongful Death): Defendants challenge these causes of action on the ground Plaintiffs fail to adequately allege facts establishing Defendants had actual or constructive notice of a defective condition on the property and Defendants failed to correct the alleged condition. Defendants also contend these two causes of action are duplicative. The court disagrees with Defendants' challenge thes...

Excerpt: ...As such, the only issue involved in a demurrer hearing is whether the complaint, unconnected with extraneous matters, states a cause of action. McKenney v. Purepac Pharmaceutical Co. (2008) 167 Cal.App.4th 72, 77. If the complaint fails to state a cause of action, the court must grant the plaintiff leave to amend there is a reasonable possibility the defect can be cured by amendment. Blank, supra, at 318. On the other hand, "a trial court does no...

Excerpt: ...e with Prospective Advantage; and 4. Intentional Misrepresentation This action arose from a commercial lease of property located at 13692 Harbor Blvd. #C in 15 Garden Grove, California. (91, 94 and 97 of Complaint.) Specifically, the action references a Lease Agreement executed on or around April 1, 2020. (97 of Complaint.) The relevant agreement is attached as Exhibit 1 to the Declaration of Defendant Vinh Nguyen. (91 -92 of Nguyen Declaration a...

Excerpt: ...sition of Janice M. Vinci not be taken pursuant to Code of Civil Procedure section 2025.420, as well as monetary sanctions against Defendant/cross-complainant Eric Dubin and his counsel in the amount of $2,652.50. The Motion to Quash is GRANTED. The Motion for Protective Order is GRANTED. A party may "move for an order staying the taking of the deposition and quashing the deposition notice." Cal. Code Civ. Proc. S 2025.410(c). "The taking of the ...

Excerpt: ...for in this section shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice." Code Civ. S 438(d). Within this action, Plaintiff seeks to hold Defendants liable for a judgment issued against United National Exterminator, Inc., pursuant to alter ego liability. Comp„ 2-9 4, 11 and '1 13. "In general, two requirements for applying the alter ego doctrine are that (1) there is such...

Excerpt: ...ion under Section 2016.040. [9] The court, for cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: [9] (1) That the deposition not be taken at all." (Code Civ. Proc., S 2025.420, subds. (a),...

Excerpt: ...azavi's ("Mortazavi") various responses to sets two and three of requests for production. A motion to compel further responses is proper under certain circumstances as laid out in Civ. Proc. Code S 2031.310(a). RFP, Set Two: RDI seeks Primevere and Zibasara's further responses to RFP Nos. 106, and Mortazavi's further response to RFP No. 111. These requests and the responses thereto are identical. The issue here is that RD' seeks documents relatin...

Excerpt: ...sion contained in a residential lease or rental agreement is ordinarily void as contrary to public policy. (Civil Code S 1953; Henrioulle v. Marin Ventures, Inc. (1978) 20 Cal.3d 512, 520-521 (Henrioulle).) Defendant maintains the exculpatory provision in the Lease is nonetheless enforceable because the injury at issue occurred while Plaintiff was using the Subject Propertvs amenities, which go beyond shelter and habitability. Defendant relies on...

Excerpt: ... summary judgment, a plaintiff has met its burden of showing that there is no defense to a cause of achon if it has proved each element of the cause of action entitling the party to judgment on the cause of action. Code Civ. Proc. S 437c(p)(1). Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. Code Civ. Proc. ...

Excerpt: ... is a complete defense to the cause of action. Cal. Code Civ. Proc. S 437c(p)(2). The scope of this burden is determined by the allegations of the plaintiff's complaint. FPI Development v. Nakashima, 231 Cal. App. 3d 367, 381-382 (1991) (pleadings serve as the outer measure of materiality in a summary judgment motion). Once a defendant meets its prima facie showing, the burden shifts to the plaintiff to show by reference to specific facts the exi...

Excerpt: ...hat plaintiff's action has no merit: Issue No. (1): Defendant Louise X. Ye-Liew, D.O. complied with the standard of care in the care and treatment rendered to the decedent Keith Hose, negating breach of duty; Issue No. (2): there is an absence of legal causation between any negligent act and/or omission on the part of defendant Louise X. Ye-Liew, D.O. and the death of Keith Hose alleged by plaintiffs. The elements of a medical malpractice cause o...

Excerpt: ...urden then shifted to plaintiff to establish that the arbitration agreement was unconscionable or unenforceable for other reasons. (See OTO, LLC v. Kho (2019) 8 Cal. 5th 111, 126.) Unconscionability must be both procedural and substantive to avoid enforcement of the arbitration agreement. ld. at 125. Procedural and substantive unconscionability are evaluated on a sliding scale: "The more substantively oppressive the contract term, the less eviden...

Excerpt: ..., 30-40, 42-45, 47, 50, 51, and 52. For request nos. 11-13, Tenant states production should be allowed subject to an attorneys'-eyes-only provision, which the protective order presently in place does not contemplate. Landlord responds it will agree to adding such a provision into the protective order. Counsel for the parties are thus to promptly confer as to a proposed amendment to the existing protective order which will allow attorneys' eyes on...

Excerpt: ...nts sought therein. Defendant appeared for his deposition, but failed to produce any documents. Code of Civil Procedure section 2025.480 authorizes a motion to compel a party to produce documents sought in a deposition notice that the deponent failed to produce at his deposition. Here, Defendant's counsel apparently failed to inform Defendant of the need to search for or produce documents prior to the deposition, and Defendant did not produce any...

Excerpt: ...88-89; Jarrow Formulas, Inc. v. LaMarche (2003) 31 C4th 728, 733.) "Only a cause of action that satisfies both prongs of the anti-SLAPP statute-i.e., that arises from protected speech or petitioning and lacks even minimal merit-is a SLAPP, subject to being stricken under the statute." (Navellier, supra, 29 Cal. 4th at 89.) "As used in this section, "act in furtherance of a person's right of petition or free s#ech under the United States or Califo...

Excerpt: ...erve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered. 'l (b) A notice of moton to set a...

Excerpt: ..., Set One, and Request for Production of Documents, Set One, are GRANTED. (Code Civ. Proc., SS 2030.290, 2031.300.) Defendant George Katsivalis is ordered to provde full, complete, and verified responses to Form Interrogatories, Set One, and Special Interrogatories, Set One, without objection, within 15 days. Defendant George Katsivalis is further ordered to provide full, complete, and verified responses to Request for Production of Documents, Se...

Excerpt: ...sserts a claim for "Fraud and Deceit." Where fraud is alleged, every element must be alleged in full, factually and specifically. The policy of liberal construction of pleading will not be invoked to sustain a pleading defective in any material respect. (Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157.) The particularity requirement necessitates pleading facts that show how, when, where, to whom, and by what means the repr...