Excerpt: ... denial of the Motion. Plaintiff is a minor student suing defendant SAUSD for an alleged sexual assault that occurred on or about 2/14/19 at SAUSD's Middle College High School (“MCHS”), which is located on the campus of Santa Ana College (“SAC”). One of the college students, Kenji Kina (“Kina”), allegedly sexually assaulted Plaintiff. Plaintiff originally named both SAUSD and the Rancho Santiago Community College District (“RSCCD”...

Excerpt: ...the prevailing party in this action. (Civ. Proc. Code §§ 1032.) As the prevailing party in a civil rights action, Plaintiff is entitled to recovery of attorney fees and expert witness fees. (Civ. Proc. Code § 1033.5(10)(B); Civ Code. §§ 52 and 54.3; 42 U.S.C.A. § 12205.) “[T]he fee setting inquiry in California ordinarily begins with the “lodestar,” i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate...

Excerpt: ... IN PART and, otherwise, is moot. Defendant's Request for Judicial Notice As an initial matter, the Court denies Defendant's request for judicial notice. Defendants ask the Court to take judicial notice of the “Report of Fullerton Police Department dated April 9, 2020,” pursuant Evidence Code sections 450, 451 and 452. The request is denied for two reasons. First, Defendants do not identify the specific subdivision of Evidence Code section 45...

Excerpt: ... 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 sections 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of wha...

Excerpt: ... there is no ground for general demurrer.” (Roman v. County of Los Angeles (2000) 85 al.App.4th 315, 324-325.) 1st cause of action for quiet title “The Legislature has not established a specific statute of limitations for actions to quiet title. [Citation.] Therefore, courts refer to the underlying theory of relief to determine the applicable period of limitations. [Citation.] An inquiry into the underlying theory requires the court to identi...

Excerpt: ...sonably subject to dispute under Evidence Code section 452(h). Defendant Kidder also asserts that courts routinely take judicial notice of documents incorporated into a complaint. Evidence Code section 452, subdivision (h) permits judicial notice of “[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” “It is int...

Excerpt: ...plied;” (2) of a “fixed or readily ascertainable amount not less than $500;” (3) that is either unsecured or secured by personal property; and (4) that is a “commercial claim.” Code of Civil Procedure § 483.010. Code Civ. Proc. § 484.090(a) provides: “At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amount to be secured by the attachment...

Excerpt: ... to add a claim for punitive damages. “(a)(1) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse pa...

Excerpt: ...ctual emotional distress; (3) Gann's seventh cause of action for Unlawful Discrimination/Harassment based on Disability per Government Code §12940 fails because Leiba is not Gann's employer and/or Gann did not sustain any adverse employment action; and (4) Gann's eighth cause of action for Unlawful Discrimination/Harassment based on Age per Government Code § 12940 fails because Leiba is not Gann's employer and/or Gann did not sustain any advers...

Excerpt: ...e prevailing party. It is also undisputed that Plaintiff is entitled to recover statutory fees for the wage and hour and FEHA claims on which Plaintiff prevailed. Defendants argue cursorily that “Plaintiff's sexual harassment claims are sufficiently distinct from her other claims to justify a reduction of fees,” but Defendants fail to justify or support that argument. (See Opp. at p. 4.) Attorney's fees need not be apportioned when the issues...

Excerpt: ...bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact . . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of ac...

Excerpt: ...ssues. This type of severance order is commonly called “bifurcation.” Like other severance orders, bifurcation involves two separate trials in one action—i.e., a “liability trial” and then, if necessary, a “damages trial.” (Horton v. Jones (1972) 26 CA3d 952, 957.) The granting or denial of a motion to bifurcate lies within the sound discretion of the trial court. (Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504.) ...

Excerpt: ...limited civil cases). ) The amount in controversy is the amount the plaintiff seeks to recover, excluding attorneys' fees, interests, and costs. (Code Civ. Proc. § 85.) Accordingly, the amount to be considered for jurisdiction includes punitive damages. The governing standard for reclassifying a case from unlimited to limited jurisdiction is found in W a l k e r v . S u p e r i o r C o u r t, 53 Cal. 3d 257 (1991). Under Walker, a trial court mu...

Excerpt: ...sted by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. [¶] (b) For purposes of this section, a writing is signed by a party if it is signed by any of the following: [¶] (1) The party. [¶] (2) An attorney who represents the party. [¶] (3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's b...

Excerpt: ...approach generally involves three steps. First, the court determines whether the relevant law of each of the potentially affected jurisdictions with regard to the particular issue in question is the same or different. Second, if there is a difference, the court examines each jurisdiction's interest in the application of its own law under the circumstances of the particular case to determine whether a true conflict exists. Third, if the court find...

Excerpt: ... (e). (See, declaration of Emily C. Finestone filed on 10-5-22 under ROA No. 426.) Moving Party is to give notice. Motion No. 2: Moving Party's (Paradigm Sports Management, LLC) unopposed Motion for an Order Deeming Matters Admitted by Defendant/Cross-Complainant Emmanuel Dapidran Pacquiao (Motion), filed on 7-29-22 under ROA No. 368, is GRANTED. Code of Civil Procedure section 2033.280, states, in part, “If a party to whom requests for admissi...

Excerpt: ...otice (“RJN”): Vivera's RJN of Exhibits B through D is GRANTED. Dalrada Defendants' RJN of Exhibits A and B is GRANTED. Merits: Code of Civil Procedure Section 1209, subdivision (a) provides in pertinent part: “The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court: (5) Disobedience of any lawful judgment, order, or process of the court.” “A contempt proceedi...

Excerpt: ...ed a memorandum of costs on 6/8/22 with costs totaling $39,321.13. The memorandum was served by email on 6/9/22. Defendants timely filed and served their motion to tax costs on 6/28/22. California Rules of Court, Rule 3.1700(b)(1), Code Civ. Proc. § 1010.6(a)(4). In the motion, Defendant concedes that Plaintiff is entitled to recover costs of $5,340.93 and moves to strike the remaining costs of $33,980.20. (Reply, pp. 6-7.) Under Code of Civil P...

Excerpt: ...unsel. A motion to strike pursuant to sections 435 and 436 is subject to the deadlines stated therein. Specifically, a motion to strike may be served and filed “within the time allowed to respond to a pleading.” (Code Civ. Proc., § 435, subd. (b)(1).) This rule is reiterated in California Rules of Court, rule 3.1322, which states: “A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed,...

Excerpt: ...Code, § 3294(a).) The statute defines “malice” to mean conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (Civ. Code, § 3294(c)(1).) The statute defines “oppression” to mean despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person...

Excerpt: ...covery because a dispute leads a party to move for an order compelling [compliance with a discovery mechanism].” Clement v. Alegre, (2009) 177 Cal.App.4th 1277, 1291. Code of Civil Procedure section 2017.010 provides in relevant part that “[u]nless otherwise limited by order of the court … any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved … if the matter either is itself a...

Excerpt: ...-222, 227-228, 233-234, 239-242, 247-250, 255-259, 264-268, 273-277, 282-286, 291- 295, 300-304, 309-313, 318-321, and 326-329 from Defendant American Honda Motor Co., Inc. (Defendant) and sanctions of $5,485.25 against Defendant and its counsel, jointly and severally is GRANTED in part as to requests 13, 32, 34, 38-39, 41-42, 46-47, 49-50, 56, 58-68, 73-75, 80-82, 87-89, 94-96, 101-103, 108-110, 115- 117, 122- 124, 129-131, 136-139, 144-148, 153...

Excerpt: ... objections were waived because responses were not timely served. Jaguar's counsel states in his declaration that he spoke with plaintiff's counsel on May 20, 2022 and was given a verbal extension to provide responses up through May 27, 2022. However, Jaguar does not attach a written agreement regarding the extension and does not state that a written agreement exists. CCP §2030.300(c) states that discovery responses can be served “on or before...

Excerpt: ... party's statement of compliance, the demanding party may move for an order compelling compliance. (Code Civ. Proc., § 2031.320(a).) The Court deems the motion moot as Aptim's opposition shows that it has produced all documents responsive to Request No. 23. (See Miner Decl. [ROA 619], ¶¶ 2, 5-6, 8, Exs. A and C; Rankovich Decl. [ROA 615], ¶¶ 3-6.) While Plaintiff contends that 1,740 closeout packages exist (or 1,793 based on what is stated i...

Excerpt: ...laintiffs”) oppose. For the reasons set forth below, the Court GRANTS the Motion. Legal Standards A party moving to compel arbitration under Code of Civil Procedure (“CCP”) section 1281.2 must establish that: 1. the parties entered into a written agreement to arbitrate; 2. one or more of the claims at issue are covered by that agreement; and 3. the responding party refused a prior demand for arbitration under the agreement of the claims at ...