Excerpt: ...APP law is “not [to] insulate defendants from any liability for claims arising from the protected rights of petition or speech. It only provides a procedure for weeding out, at an early stage, meritless claims arising from protected activity.” (Baral v. Schnitt (2016) 1 Cal.5th 376, 384.) There are four categories of protected speech for an anti-SLAPP motion (Code Civ. Proc., § 425.16, subd. (e)): 1. statements made before a legislative, exe...

Excerpt: ...has been set.” (Code Civ. Proc., § 2024.050, subd. (a).) Plaintiffs contend they are entitled to an order deeming the attorney-client privilege waived and reopening discovery on a limited basis to take discovery “related to any purported advice Defendants received from counsel regarding their submission of claims to Plaintiffs.” Plaintiffs claim that the Equaltox Defendants, in opposing Plaintiffs' motions in limine nos. 1, 3, 4, and 8, pu...

Excerpt: ...ration. The Court rules as follows: 1. The motion is GRANTED IN PART AND DENIED IN PART as to the request to compel arbitration. Specifically: a. The motion is GRANTED to the extent Plaintiffs' claims are not based on sexual harassment. b. The motion is DENIED to the extent Plaintiffs' claims are based on sexual harassment. At the hearing, the parties should be prepared to discuss the extent to which Plaintiffs' claims are based on sexual harassm...

Excerpt: ...l arbitration; (2) dismissing Plaintiffs' class claims without prejudice; (3) dismissing Plaintiffs' PAGA claim, and (4) staying proceedings pending the outcome of arbitration. Numerous related defendants have filed a joinder in the motion. (The Court refers to all defendants as “Fitness 19” unless their separate corporate identities are relevant.) The Court rules as follows: 1. The request to order Plaintiffs' claims to individual arbitratio...

Excerpt: ...d 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 simply asserting that the issues have been resolved. The motion does not provide the court with the estimated high and low payments to be paid to class memb...

Excerpt: ... 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 simply asserting that the issues have been resolved. Plaintiff did not provide the court with a copy of his separate individual settlement agreement, referenced in ¶28...

Excerpt: ... LLC demur to portions of the First Amended Cross-Complaint (“FAXC”) of Defendants/Cross- Complainants JD Equity Holdings LLC and Jacob Daniels. The Court rules as follows: 1. The demurrer is SUSTAINED based on defect/ misjoinder of parties per CCP § 430.10(d) by virtue of adding Darnell Ponder as a cross-defendant and the 10 th cause of action for constructive trust without leave of court. 2. The demurrer is OVERRULED as to alter ego liabil...

Excerpt: ...cting an unauthorized rear balcony/deck at her property that impermissibly encroaches on and into the plaintiff Monarch Point Homeowners Association's (plaintiff or the Association) Fuel Modification Zone A, “an easement area” granted to and maintained by the Association pursuant to the governing documents. (See Compl. ¶¶ 3, 7, 10, 12-15, 17-28, 33-34.) These allegations of fact, which the court must take as true on demurrer (see Mathews v....

Excerpt: ...iolate the mediation privilege and Plaintiff's request for punitive damages. BV has filed a joinder to Hodson and Pham's Demurrer and Motion to Strike, in addition to its own Demurrer. Meet and Confer A demurring party must meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer in an attempt to reach an informal resolution before a demurrer is filed. (Code Civ. Proc., § 430.41(a).) Here, H...

Excerpt: ...7), Belenardos are admonished to timely file proof of service for all future motions. Notice of Appeal The filing of a notice of appeal of this court's ruling on Bales demurrer to the Belenardos' FACC does not stay the proceedings as to the present motion. (CCP §916(a); See also Carpenter v. Jack in the Box Corp. (2007) 151 Cal.App.4th 454, 461). Merits “If the court finds that a special motion to strike is frivolous or is solely intended to c...

Excerpt: ...$2,690.25; •Additional anticipated fees for motion, reply and oral argument: $2,550. Plaintiff contends that Ford necessitated the accrual of Plaintiff's attorney's fees in this action over the course of eight months of litigation by refusing to consider reasonable compromise proposals; that Plaintiff is entitled to an award of her attorney's fees pursuant to Civil Code section 1794(d) which mandates such fees and costs to the prevailing party ...

Excerpt: ...t private nuisance, and that no private nuisance existed based on testimony from Matthew Cosylion, the Code Enforcement Supervisor for the City of Newport Beach, who stated there was no violation of any Newport Beach Municipal Code (“NBMC”) ordinance. Defendants also argue that there is no triable issue of fact as to Plaintiff's Second Cause of Action for Violation of Newport Beach Municipal Code sections as the noise from the two air conditi...

Excerpt: ...ritten 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 issue. (Code Civ. Proc., § 1281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., f...

Excerpt: ...15.1 and 17.1, and awarding $1,355 in monetary sanctions against Molina. Plaintiff contends Burns served written responses on January 31, 2022, asserting objections to each interrogatory but Burns failed to verify his response to any of the Form Interrogatories, and served meritless boilerplate objections to the Form Interrogatories at issue. Plaintiff also contends that Plaintiff agreed to extensions of time to respond up to June 14, 2022, but t...

Excerpt: ...torney should be disqualified is a matter that is addressed to the sound discretion of the trial court. National Grange of Order of Patrons of Husbandry v. California Guild (2019) 38 Cal.App.5th 706, 713. In exercising that discretion, the trial court is required to make a reasoned judgment which complies with the legal principles and policies applicable to the issue at hand. Ibid. An attorney may not represent a new client whose interests are ad...

Excerpt: ... due 30 days after service (plus appropriate time for method of service). (Code Civ. Proc. §§ 2030.260; 2031.260; 2033.250.) A motion to compel further response to discovery “shall” (1) be made within 45 days of the service of the response or on or before any specific later date to which the parties have agreed in writing, (2) demonstrate a reasonable, good faith meet and confer attempt at informal resolution of each issue presented, and (3...

Excerpt: ...d published federal district court cases are citable as persuasive authority (Aleman v. AirTouch Cellular (2012) 209 Cal.App.4th 556, 576, fn. 8; Goldman v. KPMG, LLP (2009) 173 Cal.App.4th 209, 219), and the court must take judicial notice of the decisional law of this state and of the United States (Evid. Code, § 451(a).). B. Whether The Arbitration Agreement is Sufficiently Authenticated Defendant attempts to authenticate the Retail Installme...

Excerpt: ... approximately in debt encumbered against the Subject Property in favor of PHH.” (¶42 of FAC). Thereafter, Plaintiffs allege this fact was false as, “[i]n addition to the PHH Lien, there were Tax liens and Judgment liens, and the existence of a note secured by a deed of trust in second position after PHH in the amount of $76,000.00, all recorded against the Subject Property, which were never disclosed to Plaintiffs…” (¶43 of FAC). In de...

Excerpt: ...re section 435.5. The Court will exercise its discretion to consider the merits of the Motion but admonishes counsel that future failure to comply with all applicable rules and statutes may result in the denial of a motion or taking the motion off calendar, where appropriate. Civil Code section 3294, subdivision (a) permits the recovery of punitive damages upon a clear and convincing showing that a defendant is guilty of oppression, fraud or mali...

Excerpt: ...er served with the Summons and Complaint and was not notified of this case until April 4, 2022.” (Motion; 5:26-6:1.) The Motion also states, “Even though Defendant does not make this motion pursuant to Section 473.5 (b) of the Code of Civil Procedure, he nonetheless provides sufficient notice under Cal. Civil Proc. §1005(b).” (Motion; 7:9-11.) The Notice for this Motion states, “This motion is based upon California Code of Civil Procedur...

Excerpt: ...s to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for rescission of the agreement. [¶] (c) A party to the arbitration agreement is also a party to a pending court action or special...

Excerpt: ...reply papers, no later than nine (9) court days before the continued hearing date. Defendants may file a supplemental reply in response no later than five (5) court days before the continued hearing date. All supplemental briefs to be no more than five (5) pages.” (ROA 170.) The Court notes Plaintiff's supplemental opposition was filed and served one day late, but no objection is raised on this basis. (ROA 199.) Separately, Plaintiff's suppleme...

Excerpt: ...stablished, or that there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Code of Civil Procedure section 437c, subdivision (f)(1), provides, in part, “A party may move for summary adjudication as to one or more causes of action within an actio...

Excerpt: ...ding attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay. This section also applies to judicial arbitration proceedings under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3. [¶] (b) For purposes of this section: [¶] (1) ‘Actions or tactics' include, but are not limited to, the making or opposing of motions or the f...

Excerpt: ...to permit a nonparty to intervene where the following factors are met: (1) the proper procedures have been followed; (2) the nonparty has a direct and immediate interest in the action; (3) the intervention will not enlarge the issues in the litigation; and (4) the reasons for the intervention outweigh any opposition by the parties presently in the action.” (Edwards v. Heartland Payment Systems, Inc. (2018) 29 Cal.App.5th 725, 736.) “The requi...