Excerpt: ...osed to be added to the previous pleading, if any. (Cal. Rules of Ct., Rule 3.1324(a).) The motion must also be supported by a declaration that speciÞes: (1) the e
¯ect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. (Cal. Rules of Ct., Rule 3.1324(b).) The court Þnds the motion and...

Excerpt: ... the statute o laches. (ROA 100.) The Court Þnds neither the statute o limitations issue, nor the issue o laches, is suitable or resolution at this early stage o the proceedings. With respect to the statute o limitations, Podobas has not shown the IIED (Domestic Violence) claim is time barred. (Code Civ. Proc., § 340.15, subd. (a).) And, Plainti
¯ has su
¯iciently alleged “abuse” within the meaning o CCP section 340.15, which it ad...

Excerpt: ...cy of the a
¯ected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundi
¯ v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only the su
¯iciency of the complaint, a court will not consider facts that have not been alleg...

Excerpt: ... any one or more of the following grounds: … (e) The pleading does not state facts su
¯icient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f); see Code Civ. Proc., § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against wh...

Excerpt: ...onabedian v. Mercury Ins. Co. (2004) 116 Cal. App. 4th 968, 994. Limited to the “four corners” as such, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary and concise language, and with su
¯icient detail to acquaint a defendant with the nature, source and extent of the claim. Leek v. Cooper (2011) 194 Cal. App. 4th 399, 413. On demurrer, a complaint must be liberally construed. Code Civ. P...

Excerpt: ...t party has proved each element of the cause of action entitling the party to judgment on the case of action. Once the plainti
¯ 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 defense thereto. (Code Civ. Proc. § 437c(p)(1).) A motion for summary adjudication shall proceed in all procedural respects as a motion for summary judgment. (Code Civ....

Excerpt: ...VERRULED. The Brakke Defendants demur to the Third Cause of Action for Professional Negligence. “Ordinarily, an insurance agent assumes only those duties normally found in any agency relationship. This includes the obligation to use reasonable care, diligence, and judgment in procuring the insurance requested by an insured. [Citation.]” (Jones v. Grewe (1987) 189 Cal.App.3d 950, 954; (PaciÞc Rim Mechanical Contractors, Inc. v. Aon Risk Ins. ...

Excerpt: ...ame time the answer to the complaint is Þled. (Code Civ. Proc., § 428.50, subd. (a).) A party who fails to plead a compulsory cross-complaint, whether through oversight, inadvertence, mistake, neglect or other cause, may seek leave to Þle a cross- complaint at any time during the course of the action. (Code Civ. Proc. Code, § 426.50.) A court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave...

Excerpt: ... (FAC ¶ 1.) Kramer admits he did not pay the challenged assessment but contends he has standing as a homeowner and business owner whose primary residence is located less than one block from the Downtown District and he may be subject to pay the assessment in the future. (FAC ¶¶ 4-5, 9.) “ ‘As a general principle, standing to invoke the judicial process requires an actual justiciable controversy as to which the complainant has a real intere...

Excerpt: ...ourth causes of action against Defendant GREGORY SANCHEZ for breach of guaranty on the grounds that Defendants have failed to satisfy their obligations under the applicable loan agreements and guaranties. Procedurally, the motion is defective. First of all, while the caption and the notice of motion seek adjudication, it appears Plainti
¯ seeks adjudication of all four causes of action, which if granted, would be summary judgment. Second, the is...

Excerpt: ...he elements of its cause of action for breach of contract. 2. Defendant has no defense to plainti
¯'s cause of action for breach of contract. Defendant has opposed the motion, although it has not submitted any evidence in support of its oppositio n. It conced es that it has breach ed the promissor y note on which the action is based. It contends that while most of the facts are not in dispute, the motion cannot be granted because moving plainti
...

Excerpt: ...nish security in the amount of $100,000.00 within ten days in order to pursue her claims against Jocelyn Plummer in the crosscomplaint. The amount of security is based on the likely time and expense which would be expended by Jocelyn Plummer if she remains a party to the litigation. As discussed below, the litigation has been exceptionally contentious and has involved an extraordinary number of Þlings by both sides as well as an appeal. The Cour...

Excerpt: ...210, 220-221; Fairmont Ins. Co. v. Sup.Ct. (Stendell) (2000) 22 Cal.4th 245, 255.) Plainti
¯ has failed to justify the objections. Instead, Plainti
¯ argues that Defendant's failure to timely respond to Plainti
¯'s discovery has delayed Plainti
¯'s a b i l i t y to provide responses. Defendant served responses to Plainti
¯'s discovery requests on July 17, 2023 (Reply, p. 2, lns. 7-8), therefore, Plainti
¯ has had over 5 months to respond to...

Excerpt: ...w that the cause o action arises rom an act in urtherance o the moving party's right o petition or ree speech. Then, i the court determines that showing has been made, the court determines whether the opposing party has demonstrated a probability o prevailing on the claim. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) “At the Þrst step, the moving deendant bears the burden o identiying all allegations o protected activity, and t...

Excerpt: ...s in a complaint.” (Rakestraw v. Cal. Physicians Service (2000) 81 Cal.App.4th 39, 42.) Plainti
¯s 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.) Third Cause of Action: Breach of Implied Warranty Defendants argue that the third cause of action for breach of implied warranty must fail because...

Excerpt: ...f contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Fifth Cause of Action: Intentional Inßiction of Emotional Distress (“IIED”) To state a claim for IIED, a plainti
¯ must allege "(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plainti
¯'s su
¯ering severe or extreme emotion...

Excerpt: ...robable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other exhibits when ruling on a demurrer. (Day v. Sharp (1975) 50 Cal.3d 904, 914; Sosinsky v. Gran...

Excerpt: ...t within 10 days of the expiration of the period of time to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendant General Motors LLC demurs to the 9th and 10th Causes of Action of the Complaint filed by Plaintiff Maria Alvarez. Defendant General Motors LLC also moves to strike the prayer for punitive damages contained in the Complaint. (See Compl. at p. 14:5 [Prayer, ¶ 11].) Request for Dismissal On January 4, 2024, Plaintiff filed a Reques...

Excerpt: ...thal Fair Debt Collection Practices Act does not apply to the commercial transaction underlying this action. Balboa also moves for an order striking Riojas' request for punitive damages. Balboa seeks judicial notice of the Equipment Finance Agreement and Personal Guaranty attached to the Complaint as Exhibits 1 and 2, respectively. Balboa's request is predicated on the fact that these documents are attached to the Complaint and constitute Court r...

Excerpt: ... contract. Under Code of Civil Procedure section 1032, attorney's fees are recoverable as costs when authorized by contract, statute or law. (Code Civ. Proc. § 1033.5(a)(10)(A)-(C).) As set forth in the Statement of Decision (“SD”), the Court found against the Defendants on two claims: Sexual Assault (First Cause of Action) and Sexual Battery pursuant to Civil Code section 1708.5 (Second Cause of Action). In plainti
¯s' closing brief, Tina ...

Excerpt: ...inti
¯ sets forth the allegations to be amended. Plainti
¯ also submits the declaration of counsel which explains the e
¯ect of the amendment and why the amendment is necessary and proper, including reference to the red-line version attached. The declaration also states when the facts were discovered. Counsel states “It was only after defendants Þled their answer to the original complaint after remand that I realized the First Amended Compl...

Excerpt: ...as to its legal and factual merit; and is subject to sanctions for violation of this certiÞcation. Code Civ. Proc. § 128.7; see also Murphy v. Yale Materials Handling Corp., 54 Cal. App. 4th 619, 623 (1997). The purpose of the statute is “to check abuses in the Þling of pleadings, petitions, written notices of motions or similar papers.” Musaelian v. Adams, 45 Cal. 4th 512, 514 (2009). The person presenting the paper to the Court impliedly...

Excerpt: ...strike Plainti
¯ Jennier Loe
¯ler's Þrst cause o action or breach o CC&Rs and third cause o action or violations o Rosenthal Fair Debt Collection Practices Act in the First Amended Complaint (FAC). 12 Legal Standard Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67, holds: “[W]e may summarize a court's task in ruling on an anti-SLAPP motion to strike as ollows. Section 425.16, subdivision (b)(1) requires the court ...

Excerpt: ... granted if “it completely disposes of a cause of action, an a
¯irmative defense, a claim for damages, or an issue of duty.” Code of Civil Procedure § 437c(f)(1).) As used in this section, a “cause of action” means the invasion of a primary right, i.e., an injury, rather than a theory of liability. Lilienthal & Fowler v. Superior Court (1993) 12 Cal.App.4th 1848, 1854. Defendant/Cross-Complainant Emerson Maintenance Corporation (the “...

Excerpt: ...50(d). However, again, Plainti
¯ did not make an issue of this in the reply brief, and the court may consider the merits of a case absent a proper separate statement when the case involves a single simple issue” with minimal evidentiary support, such as here. (Gilbertson v. Osman (1986) 185 Cal. App. 3d 308, 316.) The court will proceed on the merits, but cautions defense counsel to comply with code requirements in the future. “(p) For purpo...

Excerpt: ...OVERRULED as to evidentiary objection numbers 1, 2, 3, 4, 5, 6, 8, and 10, and the first sentence objected to in evidentiary objection number 11, and SUSTAINED as to evidentiary objection numbers 7 and 9, and the second sentence objected to in evidentiary objection number 11. Defendant Deloitte Services LP's evi dentiary objections to the Declaration of Plaintiff Judy Fisher are OVERRULED as to evidentiary objection numbers 1 -9. Defendant Deloi...

Excerpt: ...rth below, the Court Þnds that the transfer and coordination will promote the ends of justice pursuant to Code of Civil Procedure § 404.1. The Court understands that counsel for Ganahl Lumber Company (“Ganahl”) expressed concern that the Merced Action cannot be transferred to this Court because it includes a cause of action for foreclosure of mechanics lien, and the property that is the subject of that claim is located in Merced County. Thi...

Excerpt: ...FP, Set Two, Þled by Gorla and directed to Plainti
¯/Cross-Defendant, Hospitality Marketing Concepts, LLC (“HMC”). The RFP propounded to HMC that were the subject of the January 8th order are identical to the RFP propounded on the Ramadan brothers. The court notes the arguments raised in the four motions to compel are nearly identical. Because the document requests to the Ramadan brothers and to HMC are identical and because the Ramadan bro...

Excerpt: ...Provide Responses to Special Interrogatories (Set Two) is GRANTED. Plaintiff Cliq, Inc. f/k/a Cardflex, Inc.'s Motion to for An Order Compelling Responses, and A Production of Documents, from Defendant Sabin Burrell in Response to Requests for Production of Documents (Set Two) is GRANTED. Plaintiff Cliq, Inc. f/k/a Card flex, Inc.'s Motion to for An Order Compelling Responses, and A Production of Documents, from Defendant Capital Managers, LLC ...

Excerpt: ...to transfer this matter to the Ventura County Superior Court. Standard for Transfer of Venue The Civil Procedure Code states that: [I]f an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answer...

Excerpt: ...s in the amount of $716.25 (1.75 hours x $375 per hour in reasonable attorney's fees and $60 in motion filing fees) within 30 days of service of the notice of ruling. Plaintiff and Judgment Creditor M.V. Partners moves to compel Defendant and Judgment Debtor Joann Pham to serve responses to the postjudgment Written In terrogatories (Set One). Standard to Compel Responses to Interrogatories A judgment creditor who has obtained a judgment “may p...

Excerpt: ...ems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading.” (Civ. Proc. Code § 436(a).) Regarding punitive damages under Civ. Code § 3294: “(a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plainti
¯, in addition to the actual damages, may recover damages f...

Excerpt: ...lying Case”) is granted. The HOA moves to strike Cross- Complainant Jennier Loe
¯ler's Þrst cause o action or breach o CC&Rs, third cause o action or violations o Rosenthal Fair Debt Collection Practices Act, and ourth cause o action or violations o the Consumer Credit Reporting Agencies Act in her Cross-Complaint (CC). Legal Standard Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67, holds: 5 “[W]e may summari...

Excerpt: ...m (“Anna”) joins in the Opposition. This action involves two consolidated cases. The action arises out of a dispute over the family business, May Enterprises, LLC. The lead case, Kim v. Kim (Case No. 2021- 01183125), was initiated by Mira against her sisters (Defendants Gina Kim and Anna Kim), her parents (Defendants Kyong Su Kim aka Kyung Soo Kim and Myong Kil Kim) and May Enterprises, LLC. Mira alleges claims for, amongst other things, brea...

Excerpt: ...a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her.” Once a defendant challenges the Court's jurisdiction, it is up to the plainti
¯s to prove, by a preponderance of the evidence, that personal jurisdiction exists. (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 449. This must be shown by a
¯idavits, declarations, or other competent evidence. (In re Automobile ...

Excerpt: ...�'s Demand or Inspection and Destructive Testing. The Motion is GRANTED. However, the order is limited to those tests speciÞcally set orth in the Notice, which speciÞcally include: 1. Removing the bottom course o roo tile 3' in each direction rom the rain gutter spike and errule. 2. Removing the eave strip ßashing. 3. Removing the entire rain gutter. 4. Removing an area o stucco, likely 3' wide, rom eave to top o window. 5. Installing...

Excerpt: ...fense]; CACI No. 4552 [same].) Virzi shows its work at the property was completed and accepted on 9/18/19. (See Def. SSUF # 13, 15, 17.) The alleged defect consists of a raised wheel stop/parking block in the blue-striped pedestrian access aisle next to a parking space for persons with disabilities. (See Def. SSUF #2; Def. Evid. (ROA #185), Ex. B [Pl. Depo. 39:9-40:9, 44:1-14]; see also Compl. ¶¶ 10-11; Pl. Evid. (ROA #213), Ex. A.) This is a p...

Excerpt: ...irst, the court disagrees with L.A. Care that County of Santa Clara v. Superior Court (2023) 14 Cal.5th 1034 stands for the proposition that Plainti
¯s are limited to a quantum meruit claim. In County of Santa Clara, the California Supreme Court considered whether a lawsuit for reimbursement of emergency medical services may be maintained against a health care service plan operated by a public entity or whether the Government Claims Act immunize...

Excerpt: ...6) 177 Cal.App.3d 792, 802 [“the statute or ‘enactment' must at the very least be identiÞed” in the complaint].) Here, the 4th cause of action identiÞes Government Code section 815.6, which codiÞes the negligence per se doctrine against public entities who violate mandatory statutory duties. (FAC ¶ 142.) The speciÞc statues allegedly imposing mandatory duties on defendant are then identiÞed as Education Code section 32261, 32280-32282...

Excerpt: ... in some respects uncertain, because ambiguities can be clariÞed under modern discovery procedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Errors and confusion created by “the inept pleader” are to be forgiven if the pleading contains su
¯icient facts entitling plainti
¯ to relief. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) A demurrer for uncertainty should be overruled if the facts are presumpt...

Excerpt: ...' request for judicial notice of Exhibits A through E (ROA 65), is granted. (Evid. Code, § 452, subd. (c); see Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 194.) In taking judicial notice, the court does not take judicial notice of the truth of the matters stated therein. (Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Violations of California Foreclosure Statutes (Civ. Code §§ 2924 et seq., ...

Excerpt: ...ings, without leave to amend. UPCOMING EVENTS: Case Management Conference, March 27, 2024 FACTS/OVERVIEW: This is a PAGA-only action. On July 28, 2023, Plainti
¯ Gustavo Chavez Franco, solely as a representative of the Labor & Workforce Development Agency and the Aggrieved Employees (“Plainti
¯”), Þled a PAGA Representative Action Complaint against Defendant Padilla Construction Company (“Defendant”). (ROA 2.) The Complaint alleges Def...

Excerpt: ...Group 2023) ¶ 7:162.1.) The court exercises its discretion to consider the merits of the demurrer and motion to strike. Plainti
¯s opposition exceeded the 15-page limit, without seeking leave to Þle a longer memorandum. The opposition also did not include a table of contents or table of authorities. (Cal. Rules of Court, rule 3.1113(d) & (f).) The court considered the opposition, given that Defendant improperly combined the demurrer and motio...

Excerpt: ...rovement that proximately caused injury to private property. Paterno v. State of California (2003) 113 Cal. App. 4th 998, 1029. Here, plainti
¯s' allegations of the City's substantial participation are insu
¯icient as a matter of law. Plainti
¯s allege in ¶71.1 of the Second Amended Complaint, “Defendant City of Cypress never reviewed the proposed land use instituted by Defendant Cypress School District in July 2021, and further did not app...

Excerpt: ...presented evidence that discovery in this matter would result in the production of conÞdential and proprietary documentation. (Newman Decl., ¶ 4.) Further, the parties agreed a protective order is warranted, and they agreed to the language of the protective order. (Newman Decl., ¶¶ 89.) 2. Motion for Judgment on the Pleadings The court DENIES American Express's motion for judgment on the pleadings – as to (1) the Cross- Complaint Þled by C...

Excerpt: ...should submit an amendment to the settlement agreement rather than any amended settlement agreement. Counsel also should provide a red- lined version of any revised papers, including the class notice. 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 class notice, rather than with just a supplemental declaration or brief that si...

Excerpt: ...y tailored; and 5) No less restrictive means exist to achieve the overriding interest. Petitioner's request to seal the applicable records, as submitted in their already redacted form, is GRANTED. Pursuant to CRC 2.550(e), the court concludes that the proposed sealed portions are properly sought and agrees with petitioner that disclosure “would … disclose private, conÞdential and sensitive medical information ….” Petitioner's request for...

Excerpt: ... sustained. Defendant's remaining objections are overruled. New Evidence Submitted With Reply Plainti
¯s submitted new evidence in support of their reply. “The general rule of motion practice . . . is that new evidence is not permitted with reply papers. . .‘[T]he inclusion of additional evidentiary matter with the reply should only be allowed in the exceptional case . . .' and if permitted, the other party should be given the opportunity to...

Excerpt: .... In the alternative, Travelers moves for summary adjudication of each cause of action in LaBarre's Third Amended Cross-Complaint (3AXC). For the reasons set forth below, the motion for summary judgment is GRANTED. EVIDENTIARY MATTERS A. LaBarre's Objections to the Declarations of Shadie Maghareh and Shryl Anderson All objections are overruled. B. Travelers' Objections to the Declaration of Neal Bordenave Objections 1-5, 8-13, and 15-17 are overr...

Excerpt: ..., Nos. 2 through 8, and to Requests for Production, Set Two, No. 3. UPCOMING EVENTS: Status Conference – 02/07/2024; Motion to Strike – 04/05/2024 FACTS/OVERVIEW: This is a putative wage-and-hour class action and PAGA matter. On February 7, 2022, Plainti
¯ Alondra Rosas Valencia, as an individual and on behalf of other similarly situated employees (“Plainti
¯”) Þled a Complaint against Defendant NGK Spark Plugs (U.S.A.), Inc. (“Defen...

Excerpt: .... In the alternative, Travelers moves for summary adjudication of each cause of action in LaBarre's Third Amended Cross-Complaint (3AXC). For the reasons set forth below, the motion for summary judgment is GRANTED. EVIDENTIARY MATTERS A. LaBarre's Objections to the Declarations of Shadie Maghareh and Shryl Anderson All objections are overruled. B. Travelers' Objections to the Declaration of Neal Bordenave Objections 1-5, 8-13, and 15-17 are overr...

Excerpt: ... also moves to stay this litigation pending the completion of arbitration. FACTS/OVERVIEW: On August 4, 2022, after Defendants produced a copy of an arbitration agreement purportedly signed by Plainti
¯ at the commencement of his employment, Plainti
¯ Þled a Request for Dismissal of Class Allegations Without Prejudice. (ROA 25.) The Order dismissing the class claims was entered on August 30, 2022. (ROA 28.) On July 6, 2023, Plainti
¯ and Defe...

Excerpt: ..., the court will refer to contentions contained in the GHH Brief and the DHCD Brief as to both Petitions. Further, the court will refer to Respondents' (City of Anaheim and City Council of Anaheim) Oppositions to the GHH Brief and the DHCD Brief in addressing the issues. SpeciÞcally, Respondents Þled their Opposition to the GHH Brief (GHH Opposition) on 818-23 under ROA No. 280, and their Opposition to the DHCD Brief (DHCD Opposition) on 9-18-2...

Excerpt: ...payment of the disputed monetary discovery sanctions on 01/18/24. (Khojayan Dec. ¶ 2, Exh. 1.) All requests for sanctions are denied. Defendant is ordered to give notice. Motion No. 2: Defendant Yao Geng's Motion to Stay Action is DENIED. An application for a stay is addressed to the “sound discretion” of the trial court. “In exercising its discretion, the court should consider the importance of discouraging multiple litigation designed so...

Excerpt: ...., ¶ 2, Ex. 1.) After Plainti
¯ Þled his Motion, Defendant also served a veriÞcation for its initial response to the Form Interrogatories. (Williams Decl., ¶ 3, Ex. 2.) Plainti
¯'s request for sanctions is DENIED for failure to comply with Code of Civil Procedure section 2023.040. Plainti
¯ to give notice. Plainti
¯'s Motion to Compel Defendant Martin Lopez's Responses to Form Interrogatories General Set One, and Request for Sanctions Pla...

Excerpt: ...s to one which the court Þnds acceptable), in which case defendant must provide supplemental responses within 90 days only for employees who do not respond within 60 days that they do not want their information shared. The supplemental responses will be subject to a protective order whereby the information provided may be used only for purposes of this litigation. Plainti
¯'s Special Interrogatories #1 and 2 seek the contact information of puta...

Excerpt: ... ownership interest she received in Plaza 205, and (#28) the 25% ownership interest she received in the Harbor Gateway Project. Goldman asserts the tax return privilege, but that privilege does not apply here. Goldman concedes that courts will Þnd a waiver of the tax return privilege where the gravamen of the lawsuit is so inconsistent with the continued assertion of the taxpayer's privilege as to compel the conclusion that the privilege has bee...

Excerpt: ... interrogatories, instead, stating in response to most of them, that “Plainti
¯ was not employed by Del Signore, nor is Del Signore synonymous with Truclear.” Each answer in the response must be “as complete and straightforward as the information reasonably available to the responding party permits. If an interrogatory cannot be answered completely, it shall be answered to the extent possible.” (Code Civ. Proc., § 2030.220, subds. (a) &...

Excerpt: ...to submit all of her individual claims to binding arbitration, and dismissing the class claims without prejudice. UPCOMING EVENTS: Case Management Conference, February 21, 2024 FACTS/OVERVIEW: This is a putative wage-and-hour class action. On July 14, 2023, Plainti
¯ Lingyan Xing, individually and on behalf of all other similarly situated current and former employees (“Plainti
¯”), Þled a Class Action Complaint against Defendant Winn, Inco...

Excerpt: ...acle Light Industrial, LLC (“Defendant”) alleging violations of Labor Code section 2802 for Defendants failure to reimburse necessary business expenses. (ROA 2.) On July 16, 2021, Plainti
¯ Þled the operative First Amended Complaint (“FAC”) adding a PAGA claim. (ROA 17.) The class consisted of those employees who sought mileage/travel reimbursement. An Unlawful Business Practices claim is alleged on the same basis. The PAGA claim is ba...

Excerpt: ...ation.” (Code Civ. Proc., § 36, subd. (a), emphasis added; Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 12:246:1 [“Trial priority is not mandatory and absolute merely because one of the parties is age 70. The court has discretion to determine the extent of that party's interest and Þnd as a matter of fact the risk posed of that party's death or incapacity if trial is delayed.”].) Plainti
¯s s...

Excerpt: ...he following Þndings: [¶] (1) The party has a substantial interest in the action as a whole. [¶] (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. . . . (f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motio...

Excerpt: ...nti
¯ made a reasonable investigation of the condition at issue before proceeding with his work before the concealed hazard exception will apply, and there is no evidence of either requirement. Lastly, Defendant contends that new case law shows that there is no duty to warn when a hazard is open and obvious, particularly when there are alternatives which could have been undertaken. Code of Civil Procedure section 1008(a) provides: “When an app...

Excerpt: ...ad problems with it, he brought it into Ken Grody Ford for repairs. Unhappy with the results, plainti
¯, with the assistance of counsel that specialize in Lemon Law cases, sent a letter dated February 28, 2022, outlining the problems and demanding that Ford repurchase the truck. (See Exh. “5.”) The matter settled pre-litigation. On July 13, 2022, plainti
¯ and Ford Motor Company entered into an agreement that provided that Ford would pay pl...

Excerpt: ...action for negligence, count two of the Þrst cause of action for liability under Civil Code section 846, and the second cause of action for general negligence are without merit as Plainti
¯ intends to Þle an Amended Complaint to remove these causes of action. Still, these causes of action are in the operative Complaint and the court will address them below. I. THE MOTION IS GRANTED AS TO COUNT ONE OF THE FIRST CAUSE OF ACTION AND THE SECOND CA...

Excerpt: ... (See Cal. Code Civ. Proc., §437c, subds. ()(1) and (p)(2); Aguilar v. Atlantic RichÞeld Co. (2001) 25 Cal.4th 826, 850-851.) In support o their Motion, Plainti
¯s cite to Deendant's responses to various requests or admission and a corresponding Form Interrogatory No. 17.1. Plainti
¯s contend that Deendant's responses are devoid o actual content, evasive, and demonstrate that Deendant has no evidence to support the a
¯irmative deens...

Excerpt: ...Inßiction of Emotional Distress. In OCSC Case No. 23-01321684, styled Lucy Pham Le v. Jin Xiong Liu, et al., Ms. Le asserts a single cause of action for Partition. Both cases are directed at disputes regarding the same property located at 12232 Circula Panorama, Santa Ana, CA. Pursuant to CCP §430.10(c), a defendant may bring a special demurrer to a pleading on the basis “[t]here is another action pending between the same parties on the same ...

Excerpt: ...action for (1) breach of equipment Þnance agreement; (2) recovery of possession of personal property; (3) breach of guaranty; and (4) indebtedness, and that they defended this case until on May 16, 2023, Plainti
¯ voluntarily dismissed its Complaint against Defendants. Defendants contend that they are the prevailing party under Code of Civil Procedure section 1032, regardless of whether the action is voluntarily dismissed with or without prejud...

Excerpt: ...r provided.” (Code Civ. Proc., § 1021.) Civil Code section 1717 authorizes an award of reasonable attorney's fees and costs to the prevailing party on contract causes of action. Civil Code section 1717 states: “(a)In any action on a contract, where the contract speciÞcally provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the p...

Excerpt: ... memorandum as waiver of all grounds not supported. CRC 3.1113(a). Based upon these grounds, the Court sustains the unopposed demurrer. Although the demurrer is unopposed, the Court Þnds that Plainti
¯ should be given an opportunity to cure the defects in the operative complaint that were raised by Defendant in the demurrer. First Cause of Action – Negligence The statute of limitations for negligence, other than personal injury or property da...

Excerpt: ..., but do[es] not assume the truth o contentions, deductions, or conclusions o law.” (Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 967, citing Moore v. Regents o Univ. o Cal. (1990) 51 Cal.3d 120, 125.) A demurrer challenges only the legal su
¯iciency o the a
¯ected pleading, not the truth o the actual allegations in the pleading or the pleaders ability to prove those allegations. (Cundi
¯ v. GTE Cal., Inc. (2002) 101 Cal.Ap...

Excerpt: ...ding, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundi
¯ v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) According to the First Amended Complaint (FAC), Defendant Jennifer White accused Frances McLuen of calling Defendant White a racial slur. (FAC, ¶ 10.) Jennifer White allegedly recorded this interaction and later posted a video of the interaction online on Nextdoor, ...

Excerpt: ... each cause of action is uncertain and fails to state facts su
¯icient to support a cause of action. The Court notes that the instant demurrer and motion to strike were Þled on 07/25/23 by the A. Nathan Dawood Defendants, prior to the Þling of the FAC on 09/15/23, but it appears that the counsel for the parties met and conferred concerning deÞciencies to the FAC on 07/19/23 by phone, prior to the Þling of the instant demurrer and motion to s...

Excerpt: ...), which provides that “summary adjudication shall be granted only if it completely disposes of a cause of action, an a
¯irmative defense, a claim for damages, or an issue of duty.” (Emphasis added.)) The complaint (ROA 2) contains a single cause of action for medical negligence. It alleges that, on December 26, 2021 and thereafter, all Defendants, including the moving Defendant, undertook the care and treatment of the plainti
¯ in connecti...

Excerpt: ...n, and speculation. Mr. Lamkin states that he conducts “internal investigation into Judgment Debtors” for E-Tail. (Lamkin ¶1) Based on his “investigation,” he submits copies of documents that he obtained from the internet and makes several conclusions as to the alter ego and successor corporation theories. E-Tail states that Lamkin “is not an attorney and presents his declaration as a lay witness.” (Reply at 5:16) E-Tail argues that ...

Excerpt: ...action involving commerce.'” (Allied-Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 277 [quoting 9 USC § 2] [emphasis in original].) The arbitration provision contained in the Residence and Service Agreement (“RSA”) states that claims including claims for personal injury or wrongful death shall be resolved by binding arbitration “in accordance with the Federal Arbitration Act.” (Zaragova Decl., Ex. B, para. 19.) Plainti
...

Excerpt: ... another manner speciÞed in this article and that either: (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action[; or] (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interes...

Excerpt: ... a valid and enforceable arbitration agreement found in Section M(2); that the arbitration provision in the home warranty service plan subjects all of Plainti
¯s' claims to an arbitrator, including on issues related to the applicability or arbitrability of the contract, including any disputes over payments; and that the arbitration provision explicitly delegates all questions of arbitrability to the arbitrator such that questions of whether the ...

Excerpt: ...ection with a public issue shall be subject to a special motion to strike, unless the court determines that the plainti
¯ has established that there is a probability that the plainti
¯ will prevail on the claim.” This section is to be construed broadly. (Code Civ. Proc. § 425.16(a).) The court's determination of an anti-SLAPP motion is a two-step process. First, the court determines if the party moving to strike a cause of action has met its...

Excerpt: ...ncing evidence that the defendant has been guilty of oppression, fraud, or malice, the plainti
¯, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” (Civ. Code §3294, subd. (a).) Civil Code section 3294, subdivision (c)(1) deÞnes “malice” as “conduct which is intended by the defendant to cause injury to the plainti
¯ or despicable conduct which is carried on by the de...

Excerpt: ...1-01236442, which is a proceeding in probate court. Plainti
¯ opposes the motion and objects to the certain of the documents for which judicial notice is requested, including a declaration that he Þled in this case in connection with an ex parte application for a TRO and OSC re: preliminary injunction. In that all documents were Þled in this action or the probate action, the Court takes judicial notice of them. To the extent that the notice of...

Excerpt: ...ion to compel arbitration. As an initial matter, the Court notes it is unclear whether service on respondent Dan Nguyen aka Dan Ngoc Nguyen aka Huu Dan The Nguyen (“Nguyen”) by mail and certiÞed mail with return receipt requested is proper. Petitioner previously represented to the Court that Nguyen no longer maintained a mailbox at the address where the current petition was mailed. (Diaz Decl. in Support of Application for Order for Service ...

Excerpt: ...ictional discovery. 6 Motion to quash based on service of Eduardo Cosentino in British Columbia CG is a Spanish company headquartered in Spain. Vela Decl. (ROA 266) ¶ 4. Plainti
¯s personally served Eduardo Cosentino, CG's Executive Vice President for Global Sales, with the summons and complaint in Burnaby, British Columbia on September 13, 2023. Metzger Decl. (ROA 486) Ex. 4. CG contends personal service on its Executive Vice President for Glo...

Excerpt: ...s. If a timely motion to compel has been Þled, the responding party has the burden to justify any objection or failure fully to answer the discovery requests. (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220-221.) Request for Admissions The Court Þnds Plainti
¯'s response to RFA 1 is not “as complete and straightforward as the information reasonably available to the responding party permits.” (Code Civ. Proc., § 2033.220(a).) RFA 1 ask...

Excerpt: ...s each appears to exceed the appropriate scope of discovery based on what has been shown here to date. For Interrogatory Nos. 13-18, the Motion is GRANTED IN PART. For Nos. 13 -15, GM is to identify (and produce, on Motion 2 below) its warranty policy/procedure manuals and claim handling manuals for the period between Plainti
¯s date of purchase and the date of suit; the Motion is otherwise DENIED. Motion 2 is GRANTED IN PART. SpeciÞcally, the...

Excerpt: ...hat it “will comply in part and produce the following documents in its possession, custody or control: [list of documents].” Plainti
¯ contends these responses are deÞcient because (1) no privilege log was provided for withheld documents and (2) the responses are not code compliant as they do not state that GM has conducted a diligent search for responsive documents. In opposition, GM contends that it has already produced responsive documen...

Excerpt: ... the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without merit or too general.” Defendant's motion seeks a further response to Form Interrogatories 9.1/9.2 and 17.1. Plainti
¯ objected to 9.1/9.2 on the grounds that manner in which defendant deÞned the term, “incident,” made the interrogatory vague and ...

Excerpt: ...�c 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 agreement 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. Defendant carried its burden of proving the existence of a valid arbitration agreement by the preponde...

Excerpt: ...action against Defendants Gunlei Corporation, Egreen Transport Corporation, Hong Chen, Jing (Amy) Song, Yu Wang (Monica), Wen Chen, Elaine Huang, and Lucy Luo. On 11/04/21, Plainti
¯ Þled a First Amended Complaint (“FAC”), substituting Plainti
¯s William Young and Jennifer Young for Plainti
¯ JBY Enterprises. The FAC alleges causes of action for: 1. Interference with prospective advantage; 2. Breach of contract; 3. Material misrepresentat...

Excerpt: ... grants Defendant's request to judicially notice its Exhibits 1-4. Objections The Court sustains evidentiary objections nos. 4-7, and 11 to the Declaration of Plainti
¯s' Counsel Deborah Rosenthal. The remainder of the objections by both sides are overruled. Legal Standard Pursuant to Code of Civil Procedure section 526 provides for when an injunction may be granted. Code of Civil Procedure section 526, subdivision (a)(3) provides that an injunc...

Excerpt: ...g the discovery sought by the inspection demand pursuant to Code Civ. Proc., § 2031.310(b)(1).] To establish “good cause,” the burden is on the moving party to show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) speciÞc facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial...

Excerpt: ...ogatories and Requests for Production of Documents within 30 days of receiving notice of this ruling. Plainti
¯'s R e q u e s t s f o r Admission to both DAG & Associates, Inc. and FloorIt Financial, Inc. are deemed admitted. Defendants are ordered to pay Plainti
¯ total sanctions of $3,553.20 ($592.20 per motion), or $1,776.60 per Defendant. A party can Þle a motion to compel initial responses to its interrogatories, and its requests for prod...

Excerpt: ... 418.10(a) 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 and Þle a notice of motion… [t]o quash service of the summons on the ground of lack of jurisdiction of the court over him or her. Minimum Contacts A nonresident defendant may not be called upon to defend in a foreign forum unless he or she has minimal contacts with that sta...

Excerpt: ...l based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2.551(a).) “A party requesting that a record be Þled under seal must Þle 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 su
¯icient to justify the sealing.” (Cal. Rules of Court, rule 2.551(b)(1); see Cal. Rules of Court, rule 2.551(b)(2) [m...

Excerpt: ...n from engaging in, committing, or performing, directly or indirectly, as to the four (4) foot wide Strip of Land described in paragraphs 5 through 9 of the amended complaint, from obstructing or interfering with Claudia's access to and use of such Strip of Land for her foot travel egress from the ear of her home at 11592 Desmond Street, Garden Grove, CA 92841 (Lot 35), to her front curb, and ingress from the front curb to the rear of her home, w...

Excerpt: ...ims “aris[e] rom” protected activity in which the deendant has engaged. (Code Civ. Proc., 426.15(b) [deÞning protected activity]; Simpson Strong-Tie Co., Inc. v. Gore (2010) 49 Cal.4th 12, 21; Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 66–67 I the deendant carries its burden, the plainti
¯ must then demonstrate the claims have at least “minimal merit.” (Navellier v. Sletten (2002) 29 Cal.4th 82, 89; Baral v....

Excerpt: ...rbug Smart 2, fails because the Smart 2 was not part of the parties contract. TCTs evidentiary objection no. 24 to the Carlos Becerra declaration is OVERRULED. As to the remainder of the objections, the Court need not rule on them as they are not material to a disposition of this Motion. (Code Civ. Proc., § 437c(q).) The sole dispute in this case is whether the term “Jitterbug Smart” in the parties SOW was intended to include the subseque...

Excerpt: ...n or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc. § 437c(a)(1).) “A summary judgment may be granted only where it is shown that the entire ‘action' ‘has no merit.' [Citation.]” (Hypertouch, Inc. v. ValueClick, Inc. (2011) 192 Cal.App.4th 805, 834.) There is a three-step analysis for the court to determine a summary judgment motion. (Hawkins v. Wilt...

Excerpt: ... protective order must issue because “a real possibility of Criminal Action remains open against Defendant.” (Motion, 10:8-9.) Defendant further argues that this is because any information Plainti
¯s seek during discovery will force Defendant to assert his Fifth Amendment rights, and forcing the Court to rule on this many assertions of the Fifth Amendment will be a waste of the parties and the Court's resources. However, as to the status of ...

Excerpt: ...n, or undue burden and expense.” (Code Civ. Proc., § 2031.060(b)(5).) This includes orders that: “a trade secret or other conÞdential research, development, or commercial information not be disclosed or be disclosed only to speciÞed persons or only in a speciÞed way.” (Ibid.) CCP § 2017.020 provides that: “The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearl...