Excerpt: ...a criminal investigation involving two individuals, Grant Robicheaux (“Robicheaux”) and Cerissa Riley (“Riley”). Complaint (“Compl.”) ¶¶ 12-14, 17. Charges ultimately were filed against both individuals by the Orange County District Attorney (“OCDA”) (Compl. ¶23), and in October 2018, a first amended criminal complaint was filed against them naming additional alleged victims. Id. ¶ 28. While the criminal action was pending, a ...

Excerpt: ... 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 §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable fa...

Excerpt: ...4th/15th, and 17th-20th causes of action. Therefore, the Court will do the same. Third and Fourth COAs – Quantum Meruit “A quantum meruit or quasi-contractual recovery rests upon the equitable theory that a contract to pay for services rendered is implied by law for reasons of justice.” Hedging Concepts, Inc. v. First Alliance Mortgage Co. (1996) 41 Cal.App.4th 1410, 1419 “The requisite elements of quantum meruit are (1) the plaintiff act...

Excerpt: ...rted failure to warn of dangers allegedly associated with Korlym, a name-brand drug it manufactures. Exhibit D to the Moccio Declaration is a compilation of “MedWatch” reports—adverse event reports submitted by Corcept to the FDA as part of Corcept's mandatory reporting duties. These reports were obtained by Plaintiff in the course of discovery. She relied on them in her motion for leave to file a fourth amended complaint, and the Court gra...

Excerpt: ... Alltops, Inc. dba All-Tops Roofing; and Qwest Drywall (collectively, the “Settling Parties”). For the reasons set forth below, Wolfenden's motion is DENIED. I. Factual and Procedural Background The underlying complaint in this action sounds in negligence, contract, and misrepresentation. Defendant Boss Ventures owned a property in Laguna Beach consisting of two separate cottages on one parcel. It hired Wolfenden, a licensed general contracto...

Excerpt: ...tion to strike itself, subsequent fee motions, and fees /costs associated with appeal].) Defendants are awarded attorney fees in the amount of $22,485.00, which the court finds were reasonably and necessarily incurred as follows: 1. 9-30-21 invoice $1,147.50 2. 10-31-21 invoice $7,203.50 3. 11-30-21 invoice $8,912.00 4. 12-31-21 invoice $ 270.00 5. 1-31-22 invoice $3,287.00 6. 2-28-22 invoice $ 810.00 7. 3-31-22 invoice $ 405.00 8. Appearance: $ ...

Excerpt: ...essional negligence), eleventh (intentional infliction of emotional distress), twelfth (unjust enrichment), thirteenth (unfair insurance practices), fourteenth (declaratory relief), and fifteenth (punitive damages). CDA contends (1) Wright fails to state facts sufficient to constitute a cause of action (CCP § 430.10(e)), and (2) Wright's complaint is uncertain, ambiguous, or unintelligible (CCP § 430.10(f)). For the reasons set forth below, the...

Excerpt: ...Res judicata' describes the preclusive effect of a final judgment on the merits. Res judicata, or claim preclusion, prevents relitigation of the same cause of action in a second suit between the same parties or parties in privity with them.” (Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 896 (Mycogen). It “acts to bar claims that were, or should have been, advanced in a previous suit involving the same parties.” (DKN Holdings LLC v. ...

Excerpt: ...ections 22658(a)(2) and 22658(e)(1). I. DEMURRER Defendant brings its Demurrer pursuant to (1) Code of Civil Procedure section 430.10(e) on the grounds that each cause of action fails to state facts sufficient to constitute a cause of action against Defendant and (2) Code of Civil Procedure section 430.10(f) on the grounds that the complaint is uncertain. Conversion “Conversion is the wrongful exercise of dominion over the property of another. ...

Excerpt: ... awarded Plaintiff attorney's fees and costs in the amount of $43,139.24 incurred in opposing Ellis' anti-SLAPP motion and bringing Plaintiff's prior motion for attorney's fees. (ROA 294.) Ellis appealed the denial of his anti-SLAPP motion and this Court's award of attorney's fees, both of which were affirmed. (See ROAs 359, 398.) Plaintiff now seeks an award of fees and costs incurred in opposing: (1) Ellis' appeal of the anti-SLAPP motion; (2) ...

Excerpt: ...is holding funds in a bank account that belongs to Michael D. Hooton (“Hooton”), over which Cruse and Collins claim ownership. Collins has cross-complained against Cruse for the right to the funds, which Cruse has answered. The interpleader statute permits “[a]ny person, firm, corporation, association or other entity against whom double or multiple claims are made, or may be made, by two or more persons which are such that they may give ris...

Excerpt: ...use Plaintiff cannot prove that ICON had notice of the alleged dangerous condition. ISSUE NO. 2: ICON is entitled to summary adjudication in its favor on Plaintiff's first cause of action for negligence and second causes of action for premises liability because the alleged dangerous condition was open and obvious. ISSUE NO. 3: ICON is entitled to summary adjudication in its favor as a matter of law that Plaintiff's non-delegable duty argument doe...

Excerpt: ... is seeking to compel B&S' compliance with the Subpoena (which sought four category of documents, see Exh. E to Kearney Decl.), the Motion admits that B&S complied with the Subpoena and already produced responsive documents. Rather than seeking compliance with the Subpoena, Defendants seek an order compelling B&S to produce documents identified in its privilege log (252 documents) on the grounds the documents are not protected by the attorney-cli...

Excerpt: ...s or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (Code Civ. Proc., § 1987.1.) Similarly, “[i]f a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thin...

Excerpt: ...it requires the trial court to become involved in discovery because a dispute leads a party to move for an order compelling [compliance with a discovery mechanism].” (See Clement v. Alegre, (2009) 177 Cal.App.4th 1277, 1291.) Code Civ. Proc. 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 m...

Excerpt: ... judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the app...

Excerpt: ...in the matter being taken off-calendar. “In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by plaintiff. [Citations.] In passing on the correctness of a ruling on a motion to strike, judges read allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth. [Citations.] In ruling on a motion to s...

Excerpt: ...ould strike all of the $6,955.20 sought for “Models, enlargements and photocopies of exhibits” or alternatively tax $4,600 in costs for “slide presentations” and $1,330 of the $1,575.20 for trial exhibits. Defendants also argue that the Court should tax $960.25 sought for filing and motion fees because this total is wrong as the items listed in Plaintiff's worksheet total $691.75, not $960.25, and that $691.75 should be taxed because Plai...

Excerpt: ...oted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 a...

Excerpt: ...).) A cause of action “cannot be established” if the undisputed facts presented by the defendant prove the contrary of the plaintiff's allegations as a matter of law. (Brantley v. Pisaro (1996) 42 Cal.App.4th 1591, 1597.) Once the moving party meets that burden, the burden shifts to the party opposing MSJ to show, by reference to specific facts, the existence of a triable issue as to that affirmative defense or cause of action. (Id.; Villacre...

Excerpt: ...for answer or demurrer. (Code Civ. Proc., § 473(a)(1).) The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (Code Civ. Proc., § 473(a)(1).) Additionally, any judge, at any time before or after commencement of trial, in the furthera...

Excerpt: ...appearing on the face of the pleading or from other matters properly subject to judicial notice. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading 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. (B...

Excerpt: ...n set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. [¶] (b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any matter relevant to the leave requested, including, but not limited to, the following: [¶] (1) The necessity and the reasons for the discovery. [¶] (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of ...

Excerpt: .... 595: The court SUSTAINS Objections Nos. 1, 4, 7, 8, 10, 11, 23, 25, 26, 27, and 28. The court OVERRULES the remaining objections. Lynn v. George (2017) 15 Cal.App.5th 630, 637 (Lynn), states, “ ‘A trial court's authority to disqualify an attorney derives from the power inherent in every court “[t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial p...

Excerpt: ...-21, Defendant served Plaintiff (Constance Ash) with “Form Interrogatories— General, Set No. One,” directed to Plaintiff Constance Ash, (Taitelman Decl., ¶ 3, and Exhibit A.) Defendant has not received responses to this discovery request. (Taitelman Decl., ¶ 12). Based on the above, the court GRANTS Defendant's (Palm Mesa Ltd.) unopposed Motion to Compel Plaintiff Constance Ash's Responses to Form Interrogatories (Set One) filed on 3-7- 2...