Excerpt: ...ants' Special Motion to Strike Complaint (Anti -Slapp) Defendants Robert P. Mosier and Mosier & Company, Inc.'s motion to strike the entire Complaint filed by Plaintiffs, Simon Semaan, Pierrette Semaan, Mia Semaan, Simon Semaan, Jr., Melissa Semaan, a minor by and through her Guard ian Ad Litem Pierrette Semaan, and Gilberts Rizallah is GRANTED. Plaintiffs' request for Judicial Notice is GRANTED. (Evid. Code § 452, subds. (d), (h).) “Litigati...

Excerpt: ...gment].) On 11/6/23, the court served a copy of the filedstamped “Judgment dated 11/03/23” to all parties, including to defendants' counsel, triggering the 15 -day deadline for defendants to timely file a memorandum of costs. (ROA No. 484; see Cal. Rules of Court, rule 3.1700(a)(1); Code Civ. Proc., § 664.5, subd. (d); Van Beurden Ins. Services, Inc. v. Customized Worldwide Weather Ins. Agency, Inc. (1997) 15 Cal.4th 51, 61, 64, 65- 66 [�...

Excerpt: ... Dennis W. Wilson's objections to the declarations of Mr. Miller, Mrs. Kell, and Mr. Lawrence and the supplemental declaration of Mrs. Kell are all SUSTAINED. The Application is DENIED as to Defendants Dennis W. Wilson Insurance Agency, Inc. dba Wilson Financial Services and Property Pros Capital, LLC. The Application is DENIED as to Defendant Dennis W. Wilson because Plaintiffs have failed to establish with admissible evidentiary facts the proba...

Excerpt: ...intiff stated a cause of action for false promise. (Complaint, second cause of action, § FR -2(c); see Opp., at pp. 3:11 -15, 4:23 -25, 5:19 -21.) Plaintiff did not select section FR -4 of the Judicial Council form complaint, which alleges a promise without intent to perform. (S ee Complaint.) Regardless of which species of fraud is alleged, Plaintiff did not allege sufficient facts with the required specificity to state a cause of action for f...

Excerpt: ...§ 1670.8 and (2) materials taken from Cisco's website, including the various service terms at issue. Notice of the legislative history is proper under Evid. Code § 452(c). Notice of the materials from Cisco's website is proper under Evid. Code § 452(h) given the lack of op position and the fact that both parties seeking notice of materials from Cisco's website suggest it is “not reasonably subject to dispute” that these are the full -servi...

Excerpt: ...gations of th e parties under the agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. (FAC, Ex. 4 §5(11).) Further, defendants are California residents, and the Home Solicitation Sales Act seeks to regula te conduct by defendants. Thus, plaintiff may seek to enforce the Act. As to the Second Cause of Action, plaintiff's allegations adequately plead the existence of a fiduciary rela...

Excerpt: ...WIEC (hereinafte r, collectively “Plaintiffs”). To the extent Plaintiffs can properly amend the IIED claim, the court GRANTS twenty (20) days leave to amend. The fourth cause of action for intentional infliction of emotional distress (IIED) alleges the following: Pursu ant to a written lease agreement, Plaintiffs moved into certain property in Irvine beginning in or about July of 2012. Beginning in or about November of 2018 through December ...

Excerpt: ...ct. Plaintiff hasn't stated sufficient facts showing the elements of the claim. Specifically, how much defendants agreed to pay for the services rendered. The demurrer is overruled as to the 2nd cause of action for unfair business practices. Plaintiff may use and alleged violation of the Knox -Keene Act as a basis for its claim. The demurrer to the 3rd cause of action for unjust enrichment is overruled. The complaint asserts that plaintiff provi...

Excerpt: ... to the settl ement agreement rather than any amended settlement agreement. Counsel also must provide a red -lined version of any revised papers, including the proposed letter to the aggrieved employees. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the proposed letter to the aggrieved employees, rather than with just a suppleme...

Excerpt: .... Administration costs in the amount of $12,511.43, per the administrator's declaration. 4. Payment to the LWDA of $3,750, representing the LWDA's share of the amount allocated to the PAGA claim. Please submit a revised proposed order that conforms to the foregoing for the Court's signature. GROUNDS FOR FEE AWARD Counsel requests a fee award of $146,800, or 40%, of the $367,000 GSA. Per the moving papers, counsel will receive $133,000 of the $333...

Excerpt: ...ust file a pr oof of service with the court reflecting service of these orders on the LWDA. 2. Were any exclusions, objections or disputes received for the 31 remailed notices? 3. The settlement administrator states plaintiff's individual settlement share is $517.55. I s plaintiff anticipating any other compensation (not including any enhancement payment) from the settlement (such as for any individual claims)? 4. The settlement administrator s...

Excerpt: ...n, Cal. Practice Guide: Civi l Procedure Before Trial (The Rutter Group 2021) ¶ 6:564.) Where the proposed cross -complaint arises out of the same transaction as plaintiff's claim, leave to file must be granted as long as defendant is acting in good faith. (Code Civ. Proc., § 426.50.) Here, Defendant's proposed cross- complaint asserts a single cause of action for breach of contract related to Plaintiffs' alleged failure to pay two years o...

Excerpt: ...rectional Drilling. The motions for summary judgment are denied. Relevant Background Plaintiff Michael Konrad filed a Complaint alleging that the subject accident occurred on December 19, 2018. The Complaint alleges that Plaintiff was properly and lawfully riding his bicycle when he unknowingly encountered a damaged portion in the road and was violently thrown from his bicycle to the ground and sustained serious bodily injuries. (Compl., at ¶ 1...

Excerpt: ...), (p)(2) [bu rden]; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 - 851 [same]; see Veh. Code, § 11711.) USFIC admits it is the surety that issued the dealer bond to dealer Image Auto Group, LLC (IAG or dealer) pursuant to Vehicle Code sections 11710 and 11711. (SSMF #2.) USFIC first contends it is entitled to judgment because plaintiff Ramin Hersel (plaintiff) has dismissed his second cause of action for deceit/fraud against t...

Excerpt: ...o provide responses to plaintiff's special interrogatories and requests for production and to pay sanctions. Plaintiff's motion is denied for the following reasons. Disobeying a court order to provide discovery is a misuse of the discovery process. Cal. Civ. Pro c. Code § 2023.010(g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516. A trial court should consider both the conduct being sanctioned and its effect on the party seeking discov...

Excerpt: ...depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agr eement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. Def...

Excerpt: ...plemental filing addressing defendant's new evidence. 1/19/24 Order (ROA 89). For the following reasons, defendant's motion is granted. The right to arbitration depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific per formance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponde...

Excerpt: ..., the court concludes that Agile has failed to meet its burden of authenticating plaintiff's purported electronic signature to the arbitration agreement. Agile provides the declaration of one of its customer service representatives and the on -site representative fo r Agile at Ortronics, Inc., Laura Caratachea, who is responsible for ensuring that employees complete their onboarding documentation. (Caratachea Dec. ¶3.) She states she was respons...

Excerpt: ...dentified a ny witness nor denied knowledge of any witness. In its further response, it should do one of these. Sanctions were not noticed; none are imposed. Motion to Compel: Anaheim Healthcare Form Rogs (ROA #67) Plaintiff's motion is denied as moot except as to sanctions. (See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409; Cal. Rules of Court, rule 3.1348; see also Ho decl. [ROA #100] �...

Excerpt: ...filed, the burden i s on the responding party to justify any objection or failure to fully answer the interrogatories. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) The interrogatories at issue seek the names and contact information for: (1) all roomma tes of Casanas at the facility during the period of August 6, 2021 through August 7, 2022 (no. 13); (2) the responsible party for all residents of the facility during the perio...

Excerpt: ...ed Third- Party D ispute Resolution Process" affirmative defense. (See Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 590 -591 [relevance broadly defined]; Kwan v. Mercedes -Benz of North America, Inc. (1994) 23 Cal.App.4th 174, 184 -1 85 [willfulness]; Santana v. FCA US, LLC (2020) 56 Cal.App.5th 334, 346- 347 [civil penalties affirmed where manufacturer knew its repair was intentionally inadequate]....

Excerpt: ... -02883 and now pending in the United States District Court for the Northern District of California as No. 24 -cv -01678- SK. The motion is GRANTED, with the limited exception of Plaintiff Ronald Li's concurrent motion for curative notice and to invalidate settlement releases. The Court will decide that motion before fully staying proceedings. Defendant's unopposed request for judicial notice is GRANTED. GROUNDS FOR RULING I. Background This is a...

Excerpt: ...he hear i n g . C od e C i v. Proc. § 1 2 9 0 .2 . Wh ere th e a rb itrati on ag ree men t d oes n ot p rov i d e t h e m an n e r in which service shall be made and the person on whom service is to be made has not previously appeared in the proceeding and has not previously been served in a ccordance with section 1290.4(a) of the Code of Civil Procedure, for service in California the petition and notice of hearing must be served in a manner pro...

Excerpt: ...etween the C ontractor [Titan] and the Owner [District], under or in reference to this contract, may be subject to the decision of some competent person to be agreed upon by the Owner and the Contractor who shall act as referee, and his decisions shall be final and conclusive upon both parties.” (Titan Group, Inc. v. Sonoma Valley County Sanitation Dist. (1985) 164 Cal.App.3d 1122, 1125.) The trial court denied the plaintiff's motion to compel...

Excerpt: ...iscretion, and upon t erms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Civ. Proc. Code § 436.) Kui requests the court strike several portions of plaintiff D'Mario Few -Brewer's (“Plaintiff”) First Amended Complaint (“FAC”) which co...