Excerpt: ...laration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.") Whether a reasonable and good faith attempt was made is a matter within the Court's discretion. (See Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431—32.) Here, Plaintiff sent a meet and confer letter on 11/6/23 with respect to the discovery at issue. Defendant did not respond. ...

Excerpt: ...e hearing, which is insufficient. Because the motion was electronically served, Plaintiffs had to serve the motion no later than 12/27/23. Accordingly, the motion is DENIED. Even if the court were to consider this untimely motion, the motion is also denied on the merits. First, Plaintiffs not only seek reconsideration/relief from the August 30, 2023, sanction order, but also from the June 23, 2023, order. Plaintiffs frame this motion as only seek...

Excerpt: ...hibits a landlord, with intent to terminate the tenants' occupancy, from interrupting or willfully terminating their utility service"; and that "Defendant violated this section [Civil Code section by, without coordinating with Ms. Higgins of her availability or obligation to care for her children, terminating water, electricity, and gas services to the leased premises." (See Complaint, "1 13(e), 33, 34, and 35.) For purposes of this demurrer, all...

Excerpt: ...state facts suffcient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, 'uncertain' includes ambiguous and unintelligible." (Code Civ. Proc., S 430.10, subds. (e) & (f); see Code Civ. Proc., S 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated thereinl.) "A person against whom a complaint or cross-complaint has been filed may, within 30 days after service ...

Excerpt: ...enders the Complaint fatally uncertain. While the caption lists claims such as fraud, wrongful foreclosure, slander of title and unjust enrichment, these claims are not restated or identified within the body of the complaint. Consequently, the complaint fails to comply with California Rules of Court rule 2.112, which requires "[e]ach separately stated cause of action...state: (1) Its number (e.g., 'first cause of action'); (2) Its nature (e.g., '...

Excerpt: ...A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the "four corners" of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code SS 451 or 452. Although California courts take a liberal view of inartfu...

Excerpt: ...omplaint is subject to a general demurrer, "where it contains general allegations of a breach of contract and inconsistent allegations of facts that do not constitute a breach." (Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial (The Rutter Group ) at '16:246.1, emphasis in original, citing Melican v. Regents of university of California (2007) 151 Cal.App.4th 168, 174.) Thus, inconsistent factual allegations may be challenged by a general dem...

Excerpt: ...eading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404- 1405.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1555.) A demurrer tests only the sufficiency of the complaint; a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferred from the matters alleged or ...

Excerpt: ...l (2019) 33 CA5th 431, 456; People v. Clausen (1967) 248 CA2d 770, 785-786 "[Sluch granting of leave to amend must be construed as permission to the pleader to amend the cause of action which he pleaded in the pleading to which the demurrer has been sustained." ; see Harris v. Wachovia Mortg., FSB (2010) 185 CA4th 1018, 1023—plaintff may not amend the complaint to add a new cause of action without having obtained permission to do sol. Even cons...

Excerpt: ...omplaint (ROA #2), 15-17.1 Plaintiff alleges that she sought help from Knott's Berry Farm employees to prevent or avoid the attack but they refused to intervene or provide security assistance. [ld., "1 32, 33, 40, 41, 48.] A demurrer can be used only to challenge defects that appear within the "four corners" of the pleading — which includes the pleading, any exhibits attached, and matters of which the court is permitted to take judicial notice....

Excerpt: ...t prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., S 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.) If a defendant fa...

Excerpt: ...laim from the government claim requirement, is unconstitutional. More specifically, Defendant argues section 340.1 violates Section 6 of article XVI of the California Constitution, the Gift Clause, because it retroactively removes the government claim requirement, a substantive element of Plaintiff's causes of action, and improperly attempts to create liability for past acts where no right to recovery existed. Plaintiff does not dispute that his ...

Excerpt: ...icient to state a cause of action or discloses a complete defense." (ld.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notce has been taken." (ld.) "A demurrer must dispose of an entire cause of action to be sustained." (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal. App. 4th 97, 119.) First Cause of Acton - Brea...

Excerpt: ... was served on August 31, 2023, by electronic service to Vincent Renda at Pinnacle Legal, P.C., who was attorney of record for the defendants and crosscomplainants at the time. First and second causes of action for breach of contract and breach of the covenant of good faith and fair dealing. The first and second causes of action for breach of contract and breach the covenant of good faith and fair dealing, respectively, are based on a residential...

Excerpt: ...ting summary judgment on the basis that Plaintiff's compensation was reasonable and approved by the Board, with no self-dealing, and there is insufficient evidence to surmount the business judgment rule. In the alternative, Defendant moves for an order granting summary adjudication in favor of Defendant and against Plaintiff on the following issues: • Plaintiff's cause of action for "injunctive or declaratory relief necessary to change and/or r...

Excerpt: ...may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) an answer to a particular interrogatory is evasive or incomplete; (2) an exercise of the option to produce documents under Code Civ. Proc. S 2030.230 is unwarranted or the required specification of those documents is inadequate; or (3) an objection to an interrogatory is without merit or too general. Under subdivision (b) of sec...

Excerpt: ...rtions of the Laguna Beach Municipal Code, filed under ROA 92, is granted. The City's request for judicial notice of the grant deed by which Petitioners transferred the subject property to a third party on 9/24/21 is granted. The Court declines to take judicial notice of Petitioners' request for judicial notice of a Department of Housing and Community Development web page, filed in reply under ROA 110, as immaterial to the Court's decision. Legal...

Excerpt: ..., 4-5.) Plaintiff seeks an order compelling Defendant TCT Mobile (LIS), Inc. to respond further to Plaintiff's Second Set of Special Interrogatories, Nos. 53-78 and to Plaintiff's Third Set of Requests for Production, Nos. 2844. WSA contends the documents and information sought, including that related to the period after expiration of the Master Services Agreement ("MSA") at issue in this case, is relevant to whether WSA's interpretation of the c...

Excerpt: ...ates: "If a party fails to admit the genuineness of any document or the truth of any matter when requested to do so under this chapter, and if the party requesting that admission thereafter proves the genuineness of that document or the truth of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay the reasonable expenses incurred in making that proof, including...

Excerpt: ..., S 437c, subd. (f)(2).) To be successful, a summary adjudication motion must completely dispose of the entire cause of action, defense, damages claim, or duty to which the motion is directed. (Code Civ. Proc„ S 437c, subd. (f)(l).) As noted, H8F seeks summary adjudication on its second cause of acton for express indemnity. In that cause of action, HBF alleges TAP has a contractual duty to defend, indemnify, and hold HBF harmless. (HBF XC at 91...

Excerpt: ... way disposing of or making unavailable, any property, assets, documents, or information of PHA Professional Services, Inc. dba DC Plumbing, Heating and Air Conditioning; SC Equipment Company, LLC; DC Plumbing, Heating and Air Conditioning, Inc.; or DC Plumbing, Inc. 2. The court ORDERS that all parties to this action continue, without modification or termination, the manner in which PHA Professional Services, Inc. dba DC Plumbing, Heating and Ai...

Excerpt: ... two interrelated factors when ruling on a request for a preliminary injunction: (1) the likelihood that the plaintiff will prevail on the merits at trial and (2) the interim harm that the plaintiff would be likely to sustain if the injunction were denied as compared to the harm the defendant would be likely to suffer if the preliminary injunction were issued. [Citation.) Weighing these factors lies within the broad discretion of the superior cou...

Excerpt: ...en identify available dates for Plaintiff, rejected proposed dates suggested by Plaintiff's counsel, and then informed Plaintiff's counsel that Mr. Lomax had gone to work for an allegedly unaffiliated entity and thus could no longer be produced for deposition at all. (Trujillo Decl. '1 25; Bennett Decl. "16—9, and Ex. 2.) The Court finds a troubling lack of detail in the explanation of the circumstances which led to that claim, as to what posit...

Excerpt: ... pend-ng resolution of the parties' claims. The Court will hear from counsel on this issue. A receiver's final report and account and right to compensation are governed by California Rules of Court, rule 3.1184, which provides: "A receiver must present by noticed motion or stipulation of all parties: (1) a final account and report; (2) a request for the discharge; and (3) a request for exoneration of the receiver's surety." (Cal. R. Ct., rule 3.1...

Excerpt: ... 10-20-2023, which is attached as Exhibit A. Request for Judicial Notice as to Nos. 24 is also GRANTED. Appeals and Scope of Stay INC has appealed three rulings: 1) motion to compel satisfaction of judgment; 2) motion to assign interest in Inc's Florida judgment; and 3) motion to compel production of documents. Code of Civil Procedure S 915(a) creates an automatic stay when an appeal is filed. It provides in pertinent part: (a) [T] he perfecting ...

Excerpt: ...d Motion to Strike Dr. Raney is correct that the complaint is uncertain. (Code Civ. Proc., S 430.10(f).) The caption of the complaint lists causes of achon for Wrongful Death and Survival Acton, Medical Negligence, and Medical Malpractice. However, the body of the complaint contains causes of action (Counts I-III) for Negligence-Medical Malpractice, Negligence- Medical Malpractice, and Negligence/Medical Malpractice/Respondeat Superior/Agency. Mo...

Excerpt: ...not relevant. This Court is not bound by the District Court's or other Superior Court's decisions. "Although a court may judicially notce a variety of matters (Evid.Code, S 450 et seq.), only relevant material may be noticed." (Mangini v. R. J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063 overruled on other grounds, in In re Tobacco Cases II (2007) 41 Cal.4th 1257; see also Gbur v. Cohen (1979) 93 Cal.App.3d 296, 301 ("judicial notice, since ...

Excerpt: ...dant/Judgment Debtor Scott Baldwin (Defendant) assign to Plaintiff all real estate commissions arising from Defendant's real estate sales. Service of Process Plaintiff originally moved on an ex parte basis and the court denied the ex parte application and set this motion as a noticed motion to be heard on this date. At that time, the court ordered that Plaintiff "serve the Defendant pursuant to code." (ROA #157.) Civil Procedure Code section 708....

Excerpt: ...elow. A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The issue is the sufficiency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. ...

Excerpt: ...em because they were not parties to the written agreement and no basis has been pled by which to impute liability upon them. They contend that the attempt at pleading an alter ego theory of liability fails because the FAC only pleads conclusions with no facts. Detailed pleading is not required to allege an alter ego theory of liability. Indeed, "[i]t is not even essential, apparently, that the alter ego doctrine always be specifically pleaded in ...

Excerpt: ...aint within 10 days of the expiration of the period of time to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendant Wells Fargo Bank, N.A.'s Request for Judicial Notice is GRANTED. (See Evid. Code, S 452 subds. (d), (h).) Defendant Wells Fargo Bank, N.A. demurs to the 1st through 5th Causes of Action of the First Amended Complaint (FAC) filed by Plaintiff Saloomeh Moazed. Standard for Demurrer A demurrer challenges only the legal sufficiency ...

Excerpt: ...ntions, deductions, or conclusions of fact or aw (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Defendant demurs to the second cause of action for violation of Civil Code S 52.1, which states, in part: "(b) If a person or persons, whether or not acting under color of law, interferes by threat, intimidation, or coercion, or attempts to interfere by threat, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of...

Excerpt: ...facts are true, 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.) Plaintiff alleges two causes of action against Chapman—i.e., the third cause of action for negligence and the fourth cause of action for violation of Title IX of the Education Amendments of 1972. The demurrer contends Plaintiff has failed to plead sufficient facts to state either of thes...

Excerpt: ...hicle had a nonconformity covered by the express warranty that substantially impaired the use, value or safety ofthe vehicle (the nonconformity element); (2) the vehicle was presented to an authorized representative of the manufacturer of the vehicle for repair (the presentation element); and (3) the manufacturer or his representative failed to repair the conformity after a reasonable number of attempts (the failure to repair element)l.) Moving p...

Excerpt: ...h 826, 843, citations omitted.) Courts "'construe the moving party's affidavits strictly, construe the opponent's affidavits liberally, and resolve doubts about the propriety of granting the motion in fawr of the party opposing it.'" (Unilab Corp. v. Angeles-IPA (2016) 244 cal.App.4th 622, 636, quoting Seo v. All—Makes overhead Doors (2002) 97 cal.App.4th 1193, 1201 1202.) Plaintiffs seek summary adjudication as to Defendants Amazon.com, Inc. a...

Excerpt: ... ruling. For COAS 1, 2 and 4, each asserts a variation of a negligence claim. Under the Tort Claims Act all governmental tort liability is based on statute, so those COAS must be pleaded with particularity: "to state a cause of action against a public entity, every fact material to the existence of its statutory liability must be pleaded with particularity." (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795.) Plaintiff has not...

Excerpt: ...led with the court (i.e„ that these statements were made by the persons to whom they are attributed), the court is not taking judicial notice of the truth of the matters stated therein. (See Glaski v. Bank of America (2013) 218 Cal.App.4th 1079, 1090.) Plaintiff Brittney Mejico moves for summary adjudication with respect to liability and damages on the cause of action for Violations of the Unruh Civil Rights Act, California Civil Code S 51 et s...

Excerpt: ...ion 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice." Here,...

Excerpt: ... and Mitchell Green. Standard for Summary Adjudication "Summary judgment shall be granted all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (Code Civ. Proc„ S 437c, subd. (c).) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, o...

Excerpt: ...urden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success. We have described this second step as a 'summaryjudgment-like procedure.' [Citation.] The court does not weigh evidence or resolve conflicting factual claims. Its inquiry is limited to whether the plaintiff has stated a legally sufficient claim and made a prima facie factual showing sufficient to sustain a favorable judgment. It accepts t...

Excerpt: ..., Esq. The Court SETS a hearing on an Order to Show Cause re: Dismissing the Complaint for Failure to Retain Counsel on February 15, 2024 at 9:30 am in Department N15. The court ORDERS that, within 30 days of receiving the signed Form MC-053 from the court, Counsel Richard E. Masson, Esq. shall serve Plaintiff Michael Cooper, as trustee for the Christopher Michael Cooper Trust, and Plaintiff Christopher Cooper with the signed Form MC-053, notice ...

Excerpt: ...cessor-in-interest to The Estate of Victoria McKemy, is granted with 15 days leave to amend. The allegations found on pages 8, lines 3-11, Para. 35, page 8, lines 12-17, Para. 36, as well as the prayer for punitive and exemplary damages on Page 11, Para. 8, Line 14 of the complaint are ordered stricken. A court may strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn...

Excerpt: ...mmons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of moton 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 jud...

Excerpt: ...waived and the court will proceed to rule on the merits. Nonetheless, the court cautons the parties to properly file proofs of service or future filings may not be considered. By this motion, Defendant seeks to set aside the default under the mandatory attorney affidavit of fault provision in Code of Civil Procedure section 473, subdivision (b). Section 473, subdivision (b) includes a discretionary relief provision and a mandatory relief provisio...

Excerpt: ...required for the court to obtain jurisdiction over defendants. Code Civ. Proc. S 410.50(a); Ziller Electronics Lab GmbH v. Superior Court, 206 Cal. App. 3d 1222, 1229 (1988); Dill v. Berquist const. co., Inc., 24 cal. App. 4th 1426, 1439 (1994). Notice does not substitute for proper service. Ruttenberg v. Ruttenberg, 53 Cal. App. 4th 801, 808 (1997). "Until statutory requirements are satisfied, the court lacks jurisdiction over a defendant." pp. ...

Excerpt: ... [CCP S 425.11(b), (c); see Hamm v. Elkin (1987) 195 Cal.App.3d 1343, 1345-1346—service after default entry but before prove- up not sufficient; Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 692 (conflict in evidence as to service of statement of damages).] The court has power to set aside a default or judgment that is void as a matter of law. [CCP S 473(d)l This includes the case where default is improperly entered—e.g., without servi...

Excerpt: ...ohon to Compel Further Responses to Requests for Admission, Set One from Defendant Moulton Parkway Residents' Association No. One and Request for Sanctons is GRANTED. Plaintiffs Nikki Brunetti, Mireya Briseno, Yunue Sotelo, and Santiago Sotelo's Motion to Compel Further Responses to Requests for Production, Set One from Defendant Moulton Parkway Residents' Association No. One and Request for Sanctions is GRANTED. Plaintiff Nikki Brunetti's Motion...

Excerpt: ...on. A party may move for an order compelling further responses to interrogatories if the party deems an answer to be evasive or incomplete, an exercise of the option to produce documents under section 2030.230 is unwarranted or the required specification of the documents is inadequate, or an objection is without merit or too general. Code Civ. Proc. S 2030.300(a). Motions to compel further responses to interrogatories must be accompanied by a dec...

Excerpt: ...el the depositions of Robert Rodriguez and Jose Gonzalez, who are employees of Defendant City of Santa Ana. Standard to Compel Deposition Any party may obtain discovery by taking in California the oral deposition of any person, including any party to the acton. (See Code Civ. Proc., S 2025.010.) A party desiring to take an oral deposition of a person who is under the jurisdiction of the court shall give written notice of the deposition. (See Code...

Excerpt: ...summary judgment bears the burden of showing that a cause of action has no merit if the defendant shows that one or more elements of the cause of achon cannot be established, or that the defendant has a complete defense to the cause of action. (CCP S 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51.) If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied....

Excerpt: ...The 11 U.S.C. S 362 automatic stay only stays lawsuits against the debtor and the debtor's bankruptcy estate. The Secton 362 stay does not apply where, as here, the debtor is the plaintiff in a lawsuit. 11 U.S.C. S 362(a) (1)—(8).") (emphasis added). As to the merits, Defendant Five Boys Investments, Inc.'s ("Five Boys") Motion to Compel Arbitration is GRANTED. Plaintiff Wael Abdo is ordered to arbitrate her claims against Five Boys, with the e...

Excerpt: ...en agreement to arbitrate and the paragraph that provides for arbitration must either be stated verbatim in the petition or attached thereto. (Cal. Rules Ct„ rule 3.1330.) Here, the motion demonstrates plaintiff Pablo Franco (Plaintiff) and Defendant entered into the "Retail Installment Sale Contract — Simple Finance Charge (With Arbitration ProvSion)" (RISC) when Plaintiff bought the vehicle. Defendant has provided copies of the pertinent po...

Excerpt: ...ng Companies, Inc. ("SBC"), Bisher Aljazzar ("Aljazzar"), Deenna S. Elsherif ("Elsherif") (individually and as trustee of the Deenna Elsherif Living Trust etc.), and Stolac LP ("Stolac") (collectively the "Defendants"). Under C.C.P. S 437c(p)(1), on a motion for summary judgment or adjudication, a moving plaintiff has the initial burden of showing each element of the cause of action entitling the party to judgment thereon and that there is no def...

Excerpt: ...th]; and (2) the Motion for Summary Judgment, filed on 4/26/23. Both Motons are GRANTED. Summary judgment is proper where the evidence shows there is no triable issue of material fact and the moving party is entitled to judgment as a Where a defendant is the moving party, it must establish that one or more of the elements of a cause of action cannot be established or that a complete defense exists to the cause of action. (ld.; C.C.P. S 437c(o).) ...

Excerpt: ...e T. Cappucio is ORDERED to pay to Plaintiff CSU Fullerton Auxiliary Services Corporation sanctions in the amount of $1,410 (3.0 hours x $450 per hour in reasonable attorney's fees and $60 in motion filing fees) within 30 days of service of the notice of ruling. Plaintiff CSU Fullerton Auxiliary Services Corporation (Plaintiff) moves to compel further responses to its Form Interrogatories (Set One), Numbers 15.1 and 17.1, propounded on Defendant ...

Excerpt: ...the plaintiff's damages or injuries." (Lueras v. BAC Home Loans Servicing, LP (2013) 221 Cal.App.4th 49, 62.) "Recovery for negligence depends as a threshold matter on the existence of a legal duty of care." (Doe v. Roman Catholic Archbishop of Los Angeles (2021) 70 Cal.App.5th 657, 621 (cleaned up).) Plaintiff has alleged (1) Defendant had a duty to maintain the common areas near where Plaintiff was injured, including the intersection of Sceptre...

Excerpt: ...ore of the follow-ng grounds: (e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, 'uncertain' includes ambiguous and unintelligible." (Cal. Code Civ. Proc., S 430.10, subds. (e) & (f); see Cal. Code Civ. Proc., S 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of achon stated thereinl.) "A person against whom a complaint or...

Excerpt: ...ance, (3) defendant's breach, and (4) the resulting damages to the plaintiff. [Citation.]" (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821; accord, JRK Property Holdings, Inc. v. Colony Ins. Co. (2023) 96 Cal.App.5th 1, 13.) "'A written contract may be pleaded either by its terms—set out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated therein by reference—or by its legal effect. [Ci...

Excerpt: ...es of Court, Rule 3.1320, subd. (a).) The parties did meet and confer, but defendant did not file the required declaration until the reply. (See ROA #77.) As it is only the signature block that pushes the brief past the page limit, the court excuses the violation. Future overlength briefs may be stricken. (See Cal. Rules of Court, rules 3.1113(g), 3.1300(d).) Uncertainty. The complaint is not "so incomprehensible that a defendant cannot reasonabl...

Excerpt: ...ses of action for fraud and concealment is sustained with leave to amend on the basis that the causes of acton (Specifically the elements of duty to disclose and damages) are not alleged with the level of specificity required to allege a cause of achon sounding in deceit. (See Scafidi v. Western Loan & Bldg. Co. (1946) 72 Cal.App.2d 550, 557.) The demurrer to the fourth cause of action for breach of contract is sustained with leave on the basis t...

Excerpt: ...cial elder abuse action. On April 15, 2022, Plaintiff Dennis Cooper ("Plaintiff") filed a Complaint in Los Angeles Superior Court (Case No. 22L8CV00174) against Defendants Tyler Morgan Cooper, Jessica Naughton, Loren Castro, and "All Persons unknown Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiff Dennis Cooper's Title or Any Cloud On." (ROA 2.) The Complaint a...

Excerpt: ...view granted 2/1/23 ["we decline to hold plaintiffs' claim is barred on the ground there was no relationship requiring Nissan to disclose known defects"]; OCM Principal Opportunities Fund, L.P. v. CIBC World Markets Corp. (2007) 157 Cal.App.4th 835, 851 ["a vendor has a duty to disclose material facts ... to subsequent purchasers when the vendor has reason to expect that the item will be resold"]; see also FAC 65-68, 72, 75.) The FAC adequately a...

Excerpt: ...g Defendant Pacific Green Energy, LLC from introducing evidence or facts supporting any of fts thirty affirmative defenses at trial, and for monetary sanctions for failure to comply with the Court's June 9, 2023 Order. UPCOMING EVENTS: Motion to Compel Production — March 15, 2024 FACTS/OVERVIEW: This is a putative wage-and-hour class action and PAGA matter. On July 15, 2022, Plaintiff William Watson, individually and on behalf of all similarly ...

Excerpt: ...wn behalf, on behalf of the putative class, and in their representative capacities pursuant to the Private Attorneys General Act, move for leave to file a Consolidated First Amended Class and PAGA Action Complaint in this coordinated action. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a coordinated proceeding comprised of three putative class action cases involving alleged wage-and-hour violations. On March 24, 2023, the Court granted the Petit...

Excerpt: ...s or to the prevailing party... " (Civ. Code, S 1717, subd. (a).) However, section 1717 does not apply to tort claims. (Exxess Electronixx v. Heger Realty Corp. (1998) 64 Cal.App.4th 698, 708.) "As to tort claims, the question of whether to award attorneys' fees turns on the language of the contractual attorneys' fee provision, i.e., whether the party seeking fees has 'prevailed' within the meaning of the provision and whether the type of claim i...

Excerpt: ...l times in my individual capacity", and otherwise overruled, '17 —sustained, 98 — overruled. Plaintiff's Evidentiary Objections as to the original Daniel Nguyen Declaration are: 92 — overruled, "3 overruled as to sentences 1-2, and sustained as to sentences 3-4, 94 — overruled. Plaintiff's Evidentiary Objections as to the supplemental Huynh Declaration are: 94 — overruled as to sentences 1-2 and 4-5, and sustained as to sentence 3, 95 a...

Excerpt: ...mmary judgment meets his burden of showing there is no defense to a cause of action that party 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. (ld.) Plaintiff's Complaint a...

Excerpt: ...ta Ana, California. Defendant's "actions or inactions caused a dangerous condition for pedestrians like Plaintiff," and "the condition was created by employees of the defendant public entity." Defendant had "constructive notce of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it." Defendant is a public entity. Except as prov-ded by statute, a public entity is liable for injury caused by a dangero...

Excerpt: ... authority as to whether an arbitration clause in a Retail Installment Sales Contract (RISC), can be enforced by a nonsignatory car manufacturer under the doctrines of third-party beneficiary and equitable estoppel. (Cf. Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486; Ford Motor Warranty Cases (Ochoa) (2023) 89 Cal.App.5th 1324 (Ochoa), review pending; Montemayor v. Ford Motor Company (2023) 92 Cal.App.5th 958 (Montemayor).) In such a situatio...

Excerpt: ...broad but said that Plaintiff "will produce all responsive, nan-privileged documents in his possession, custody or control." Plaintiff then produced redacted portions of a 1998 agreement between Plaintiff and nonparties Peter Bowie and GV-Newport and portions of a Schedule of Notes Payable. Plaintiff apparently redacted portions of the documents because he deems those portions irrelevant to this lawsuit and states the information at issue contain...

Excerpt: ...f motion to state a ground for relief when the supporting materials discuss and support that ground for relief so that it is clear that relief is sought on that ground"]; ROA No. 39— Mtn. P&As at pp. 4-5 [citing and quoting Code Civ. Proc., S 2030.300].) Defendant/cross-complainant Cesar Quintana (defendant) is ORDERED to provide verified further responses without objections to form interrogatory Nos. 12.2—12.7, within 15 days. The term "INCI...

Excerpt: ...ary 3, 2018 to the present. Defendant's original response consisted of objections, but its supplemental response, as set forth in plaintiff's Separate Statement, cited payroll summaries containing payroll and contact information for non-exempt employees who did not opt out through the Belaire-West notice process, and identified the documents as Bates Nos. 69-1709. Plaintiff's Separate Statement then went on for two pages about defendant's objecti...

Excerpt: ...3, Plaintiff Gladys Navarro ("Plaintiff") filed a Complaint against Defendant Bailey Food and Beverage Group, LLC ("Defendant"). (ROA 2.) The Complaint alleges the following eight causes of action: 1. Failure to Pay Minimum Wages; 2. Violation of Labor Code S 226(a) — Improper Wage Statements; 3. Violation of Labor Code S 221; 4. unlawful Taking of Tips and Diversion Kickback; 5. Failure to Reimburse for Business Expenses; 6. Violation of Labor...

Excerpt: ...the deposition subpoena was not personally served on Burton. But since plaintiff provided proof of personal service in his opposition and Crawford did not refute that evidence in reply, Crawford's motion to quash is denied. Crawford also seeks a protective order requiring that any deposition of Burton take place only after expert witness designations based on the March 11, 2024 trial date. However, plaintiff contends that his deposition subpoena ...

Excerpt: ...th 1054, 1062. When determining whether California courts have specific jurisdiction over a nonresident defendant, the question of whether the defendant purposefully availed itself of the benefits of conducting activities in this state focuses on defendant's intent. In re Automobile Antitrust Cases I & II (2005) 135 Cal. App. 4th 100, 122. Nonetheless, a plaintiff may establish purposeful availment based on the effects of the defendant's out-of-s...

Excerpt: ... to stipulate to the filing of the FAC, which then added Defendant Sunrise to the 1st cause of action for disability discrimination and the 9th causes of action for unlawful medical inquiry in violation of FEHA. While the filing of a FAC would normally moot a summary judgment motion, the parties' stipulation for the FAC noted Defendant Sunrise's motion and Plaintiff "waive[d] the filing requirements under CCP S 437c(a) and stipulate[d] to allow S...

Excerpt: ...ng a cause of action "...constituting the cause of action, in ordinary and concise language" The FAC also fails to identify each cause of action and which defendant is being asserted against. The FAC fails to allege facts sufficient as to breach of fiduciary duty. (Pierce v. Lyman (1991) 1 Cal.App.4th 1093, 1101 [elementsl.) This cause of action is duplicative of the cause of action for legal malpractice and is subject to demurrer. (Couch v. San ...

Excerpt: ... amount is based on the lodestar value totaling $999,200, and a requested adjustment of the lodestar through the imposition of a multiplier of 1.25. plaintiff/Cross-Defendant Jae Pak ("Pak") contends that the motion should be denied outright in its entirety, or alternatively, that the hours claimed should be apportioned and that the Court should award no more than 500 hours, or 25% of the total hours claimed for the employment FEHA harassment cla...

Excerpt: ...lank v. Kirwan (1985) 39 Cal.3d 311, 318.) As to the claim that the entire complaint is uncertain based on the fact that the causes of action do not state which Plaintiff is asserting which claim, the parties have been conducting discovery based on a nearly identical complaint for four years. Any confusion as to parties and claims should have been clarified in that time, as the FAC does not add any substantive facts or changes. Accordingly, the g...

Excerpt: ...ter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 406-407 (Carter), provides, "From the statutes and cases discussed above, we distill several factors that must be present for conduct to consttute neglect within the meaning of the Elder Abuse Act and thereby trigger the enhanced remedies available under the Act. The plaintiff must allege (and ultimately prove by clear and convincing evidence) facts establishing that the defe...

Excerpt: ...e S 452(d).) This action was filed by Plaintiff Cottons Investment Group, LLC against SCE for fire damage caused to Plaintiff's commercial property. Plaintiff alleges that SCE started the fire that caused the damage. In a separate action against Rancho Mesa, Plaintiff alleges that Rancho Mesa, acting as an insurance broker, failed to properly procure the property insurance policy requested. (RJN, Ex. A, 7, 17- 18.) SCE's Cross-complaint asserts c...

Excerpt: ...at the blow caused her personal injuries, including traumatic brain injury. Although her husband, Christopher Atkins, did not see his wife being struck, he alleges he has suffered emotional distress and loss of consortium due to defendants' negligence. Demurrers to the third amended complaint were filed by defendants City of Newport Beach, Morrow-Meadows Corporation, and TLH Enterprises, Inc. A motion to strike portions of the amended complaint w...

Excerpt: ...tion before the Fair Political Practices Commission into the same incident. However, the statutory framework provides for private enforcement after the FPPC and local authorities have been afforded suffcient tme to address the allegations. Moreover, once those basic time limits have passed, nothing in the statutes prohibit concurrent enforcement. The demurrer then makes a facial and an as-applied constitutional challenge to the private enforcemen...

Excerpt: ... either Government Code S 815.2 or 815.4. (Code Civ. Proc., S 430.10, subd. (e).) 2. Plaintiff failed to allege sufficient facts to state a statutory basis for a claim of breach of a mandatory duty for direct liability against the County under Government Code S 815.6. (Code Civ. Proc., S 430.10, subd. 3. Plaintiff failed to allege sufficient facts to state a claim against the County because Plaintiff did not comply with and does not allege compli...

Excerpt: ...te of Limitations A demurrer on limitations grounds will not lie where the action may be, but is not necessarily barred: it must appear clearly and affirmatively that, upon the face of the complaint, the right of action is necessarily barred. (Lee v. Hanley (2015) 61 Cal.4th 1225, 1232). under California law, the statute of limitations for a fraud claim is three years. (Code Civ. Proc., S 338(d)). Plaintiff argues delayed discovery. The delayed d...

Excerpt: ...ved informally. The party moving for a protective order bears the burden of showing good cause for issuance of the order by a preponderance of the evidence. (Stadish v. Superior Court (Southern California Gas Co.) (1999) 71 Cal.App.4th 1130 at 1145.) Ford seeks a protective order that restricts the disclosure of trade secrets. In order to show good cause for entry of such an order, Ford must present evidence that establishes the material it seeks...

Excerpt: ...(Code Civ. Proc. S 1033.5(a)(10)(A), (B) & In an action to enforce a contract authorizing an award of fees and costs to one party, the party "prevailing on the contract" is entitled to reasonable fees. (Civ. Code S 1717.) Here, there is no dispute that Dorber is the prevailing party under contract. There is also no dispute that the operative agreements contain attorney's fees provisions for a prevailing party. A court assessing attorneys' fees be...

Excerpt: ...amount of $342,000 was reached at a mediation on 11/11/22. Although Medina had been invited to attend, and had recently filed her answer, Medina opted to not participate in the mediation. (Dorr Decl. 912) The settlement agreement is attached to Dorr's declaration and states that it is "expressly conditioned on court approval of Petitions for Minor's Compromise." (ROA 70, Exh. 1, 913) Section 877.6 allows a settling defendant or crossdefendant to ...

Excerpt: ...eserve evidence for another's use in pending or future litigation. While there is no tort cause of action for the intentional destruction of evidence after litigation has commenced, it is a misuse of the discovery process that is subject to a broad range of punishment, including monetary, issue, evidentiary, and terminating sanctions." (Willaims v. Russ (2008) 167 Cal.App.4th 1215, 1223.) CCP S 2023.030 provides as follows: Misuses of the discove...

Excerpt: ...ction. However, no credible evidence is presented to support that position. At best, it is argued that because he could have, and should have, checked on the corporate status of his clients first, then he is liable for sanctions for filing various pleadings and documents with the court for close to a year. But there is no evidence that he knew about the issue and concealed this information from the plaintiff or the court. To the contrary, former ...

Excerpt: ...(1) conversion and (2) unjust enrichment. l. SECOND, THIRD, AND FOURTH CAUSES OF ACTION IN THE COMPLAINT Defendant/cross-complainant moves for summary adjudication as to the second cause of action for meal period violations, third cause of action for rest period violations, and fourth cause of achon for pay stub violations in the operative Complaint. As established in the first, second, and third issues presented in Defendant/crosscomplainant's s...

Excerpt: ...ion 1102.5, subdivision (b), fails as a matter of law. This has to do with plaintiff's claim he engaged in protected activity. 3. Whether plaintiff's cause of action for violation of Health & Safety Code section 1278.5, fails as a matter of law. This has to do with a claim that he suffered an adverse employment action because of a purported patient safety complaint. Code of Civil Procedure secton 437c, subdivision (h) Plaintiff initially opposes ...

Excerpt: ...e Notice of this Motion in the Wrongful Death Case. On 12- 14-23, Defendants filed Notice of Motion in the wrongful Death Case, which includes a copy of the instant Motion. The Court finds that this complies with California Rules of Court, rule 3.350. Merits Consolidation is provided for by Code of Civil Procedure section 1048, which provides that when there are actions "involving a common question of law or fact are pending before the court, it ...

Excerpt: ...e of Summons filed on June 14, 2023, by Cross-complainants reflects service of the summons and Cross-complaint on Wonderland Nevada's registered agent for service of process on May 31, 2023, which is over the three-year maximum time limitation from the filing of the Cross-complaint on November 14, 2019, for the service of summons and complaint under Code of Civil Procedure secton 583.210(a). Wonderland Nevada also contends that none of the condit...

Excerpt: ...uch records. Thus, the subpoenas to the billing departments of Saint Mary's and TNA Residential Care are quashed in full, and the balance of the subpoenas are quashed to the extent that they seek billing records. The motion is denied as to the balance of the records subpoenas issued by defendant. While the plaintiffs may assert a claim under the physician-patient privilege (See California Consumer Health Care Council, Inc. v. California Dept. of ...

Excerpt: ...ings and discovery 'is unacceptable and should be eliminated.'" (Ibid.) "Courts must control the pace of litigation, reduce delay, and maintain a current docket so as to enable the just, expeditious, and efficient resolution of cases." (Ibid„ citing Gov. Code, 568607.) "Even where the civil discovery process is directed against an individual defendant who is also a defendant in a related criminal case, the Ninth Circuit has held that '[t]he Con...

Excerpt: ... upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading." In this instance, Defendant Westport Construction Inc. seeks to strike out the prayer for consequential damages in Plaintiff's Complaint, arguing that the subject contract, which is attached to the FAC contains a waiver of consequential damages (see Secti...

Excerpt: ... entered into after mediating a prior lawsuit between them. Defendants contend that the action arises from activity "in furtherance of" their right to petition or free speech, which makes it subject to being stricken through an antSLAPP motion under section 425.16. They also contend that they are entitled to an award of attorneys' fees under subdivision (c) of section 425.16 for bringing a successful ant-SLAPP motion. Plaintiff opposes the moton....

Excerpt: ...icolas Gonchar, a selfrepresented litigant, ate a hotdog at a Costco location, became ill, and that when he complained to Costco he was ignored. According to the declarations of these defendants, Raikes, Galant, and Jelinek are, and were at all relevant times, residents of the State of Washington. Denman is a resident of the State of Colorado. Raikes has no connection with California and does not consent to jurisdiction in this state. He has live...

Excerpt: ...on (c)(l). The statute requires the Labor Commissioner to bring the action "promptly." Given the Labor Commissioner's "decision" was not rendered February 3, 2020, the defendant asserts that the Commissioner's filing of the complaint on March 21, 2023, was not "prompt" and is thus barred. The statute sets a statute of limitations for these actions. Because of the six- month extension allowed for by Emergency Rule 9 as a result of the Covid pandem...