Excerpt: ...r period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing. [¶] (2) After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria per...

Excerpt: ... states that a “Proposed Third Amended Cross-Complaint” is attached for the Court's review as Exhibit A. (See Pierce Decl., ¶ 5, Exh. A.) Again, any new proposed pleading would be a Second Amended Cross-Complaint only. Accordingly, the proper name of the Motion is one seeking leave to file a Second Amended Cross-Complaint. Pertinent History re FHDI/NICOLAS' Motion for Judgment on the Pleadings as to the First Amended Cross-Complaint: On Sept...

Excerpt: ...nformation is used in a court proceeding, it usually becomes part of the public record of the proceeding and its confidentiality often cannot be protected in that record. Much of the information that we collect and maintain in our records on individuals is especially sensitive. Therefore, we follow the rules in paragraph (d) of this section in deciding whether we may disclose information in response to an order from a court of competent jurisdict...

Excerpt: ...ividual; and Yvonne Burkhart, an individual is OVERRULED. To state a cause of action for neglect within the meaning of the Elder Abuse Act and thereby trigger the enhanced remedies available under the Act, the plaintiff must allege facts establishing that defendant: (1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene or medical care; (2) knew of conditions that made the elder o...

Excerpt: ...adero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4th 1228, 1238, provides, “This rule of liberal constructi...

Excerpt: ... triable. (Wegner, Fairbank & Epstein, Cal. Prac. Guide: Civ. Trials & Evid. (The Rutter Group October 2021 update), §§ 2:216-2:217.) Nevertheless, as Defendants do not oppose on this basis, the Court will address the merits of the motion. As a general proposition, the jury trial is a matter of right guaranteed by Article I, Section 16 of the California Constitution in a civil action at law, but not in equity. (C & K Engineering Contractors v. ...

Excerpt: ... by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer, if the debtor made the transfer (1) with an actual intent to hinder, delay or defraud any creditor, or (2) without receiving reasonably equivalent value in return, and either (a) was engaged in or about to engage in a business or transaction for which the debtor's assets were unreasonably small, or (b) intended to, or reasonably believed,...

Excerpt: ...use of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, 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.” Aguilar v. Atlantic Richfiel...

Excerpt: ...ioner 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.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; see also Green Tree Financial Corp.-Alabama v. Randolph (2000) 531 U.S. 79, 91-92). Defendant has met its initial burden on t...

Excerpt: ...ment 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.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; see also Green Tree Financial Corp.-Alabama v. Randolph (2000) 531 U.S. 79, 91-92). Defendant has met its initial burden on the motion. Defendant's Director of Information Systems, Technical & Operatio...

Excerpt: ...unty of Orange (2011) 197 Cal.App. 4th 282, 307, fn.18.) On 12-14-21 under ROA No. 95, Plaintiff (Roger Chavez) filed a Second Amended Complaint (SAC) against Defendant—Hyundai Motor America alleging the following causes of action: (1) Violation of Civil Code section 1793.2, subdivision (d); (2) Violation of Civil Code section 1793.2, subdivision (b); (3) Violation of Civil Code section 1793.2, subdivision (a)(3); (4) Violation of Civil Code se...

Excerpt: ...r the deposition, Defendant provided Plaintiff with an invoice showing charges for 282 pages at $7.00 per page. (Compl., ¶ 12.) Plaintiff disputes Defendant's charge of $7.00 per page as excessive and exorbitant. (Compl., ¶¶ 22, 48.) Special Interrogatory No. 2: This interrogatory asks Defendant to state the rate Defendant paid the court reporter for the subject deposition. Defendant's supplemental response states: “Eun Jee ‘Grace' Kwahk c...

Excerpt: ...c facts showing good cause justifying the discovery sought by the demand.” (CCP §2031.310(b)(1)). “[A]bsent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact-specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98). Once the moving party shows good cause to justify discovery of the requested materials, the burden...

Excerpt: ...ived. James did not move for relief from that waiver under C.C.P. § 2033.280. All of the objections in the RFAs at issue here are thus improper. The Opposition incorrectly asserts that this is effectively a motion for reconsideration in light of the Court's prior refusal to deem these RFAs admitted in its 12/20/21 ruling. But, on the prior motion, the tardy responses were viewed as a whole to determine whether they were in “substantial complia...

Excerpt: ...ar, Chad Raymond and Kaila Raymond (collectively, “Plaintiffs” or “Cross-Defendants”), filed this action against Defendant Dawna Ludwig (“Defendant” or “Cross-Complainant”) asserting claims for financial elder abuse/constructive fraud, fraudulent and sham marriage, conversion/constructive trust and declaratory relief. On May 4, 2018, Defendant filed an unverified cross-complaint against Plaintiffs alleging claims of financial elde...

Excerpt: ... embarrassment, oppression, or undue burden and expense. (Code Civ. Proc., §§ 2025.420, 2019.030 [containing a nonexclusive list of possible directions a court may include in a protective order].) In general, the burden of establishing good cause for issuance of a protective order denying or limiting interrogatory discovery falls on the shoulders of the party seeking protection. (Coriell v. Superior Court (1974) 39 Cal. App. 3d 487, 492.) PMQ C...

Excerpt: ...ubrogation action stems from an underlying action by neighbors Talya Nevo-Hacohen and William Schenker (the “Neighbors”), who owned the real property adjacent to the Subject Property. (UMF 5.) The Neighbors had filed suit against the Horowitzes (the “Insureds”) based on alleged damage to the retaining wall between the two properties and alleged nuisances and trespasses due to the constructive activities (the “Underlying Action”). (UMF...

Excerpt: ...Tell me everything you discussed with [trademark attorney] Amanda Dwight” (see Volume II of his deposition transcript, p. 231:3-5) and any appropriate following up questions on the topic; and (2) compelling Mr. Nguyen to appear for an additional seven hours of deposition testimony to cover not only the topic of communications with attorney Dwight, but to cover other topics necessary to Plaintiffs' preparation of trial that were not covered in p...

Excerpt: ...iability for the plaintiff's injuries.” (Tech-Bilt, Inc. v. Woodward-Clyde & Assocs. (1984) 38 Cal.3d 488, 499.) In making such a determination, the court considers the following factors: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plaintiffs; (4) the recognition that a settlor should pay less in settlement t...

Excerpt: ...ant Charles Reiter (“Reiter”) to appear and take a position on whether he wants the claims against him sent to judicial reference; and (2) Plaintiff to respond to Defendant's equitable estoppel argument, which had been raised for the first time on reply. [ROA #150] Since then, Defendant Charles Reiter has filed his answer to the SAC, in which he asserts an affirmative defense based on judicial reference. [ROA #154, Eighteenth Affirmative Defe...

Excerpt: ...c Performance; (4) Conversion; (5) Permanent Injunction; (6) Fraud; (7) Negligent Misrepresentation; (8) Breach of Covenant of Quiet Enjoyment of the Premises; (9) Elder Abuse; (10) Intentional Infliction of Emotional Distress; and (11) Negligent Infliction of Emotional Distress. The Complaint alleges Plaintiffs and Defendants entered into a written lease agreement concerning a property owned by Defendants, which was amended with a lease option a...

Excerpt: ...ion 474 have not been complied with, the purported defendant has not been named as such in the complaint. A service upon one not named in a complaint does not confer jurisdiction to proceed upon the complaint against him, and a motion to quash is proper.' [Citations.]” (McClatchy v. Coblentz, Patch, Duffy & Bass, LLP (2016) 247 Cal.App.4th 368, 375 (“McClatchy”).) “Absent compliance with Code of Civil Procedure section 474, service of sum...

Excerpt: ... their costs as 3/21 cost of $529.42 paid to One Legal for motion for summary judgment”; that Defendants also joined in the motion for summary judgment filed by co-defendant Experian which is also reflected in Defendants' costs (3/21 costs for joinder); and that Defendants did not file any other motions for summary judgment. As such, it appears the $560.00 is duplicative and not recoverable. In Opposition, Defendants contend that all costs were...

Excerpt: ...arm or hardship to the plaintiff if the relief is granted. (Code Civ. Proc. §§ 526, 527; O'Connell v. Superior Court (2006), 141 Cal.App.4th 1452, 1481.) Plaintiff contends it is entitled to a preliminary injunction because it is likely to prevail on the conversion claim asserted in the Complaint. The elements of a conversion claim are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wro...

Excerpt: ...quired to be licensed. Thus, Cross-Defendant contends Cross- Complainant's action is barred by Bus. & Prof. Code, § 7031(a). Code Civ. Proc. § 438 (c)(1)(B) states: “If the moving party is a defendant, that either of the following conditions exist: ¶ (i) The court has no jurisdiction of the subject of the cause of action alleged in the complaint. ¶(ii) The complaint does not state facts sufficient to constitute a cause of action against tha...