Excerpt: ...cation for the order and writ with the court in which the action is brought. (Code Civ. Proc., § 484.010.) The application must be executed under oath and must include the following statements: (1) the attachment is sought to secure the recovery on a claim on which the attachment may be issued; (2) the amount to be secured by the attachment; (3) the attachment is not sought for a purpose other than the recovery on the claim on which the attachme...

Excerpt: ...no grounds exist to bar enforcement of the Agreement. (Code Civ. Proc., §1281.2.) An electronic record or signature is attributable to a person if it was “the act of the person.” (Civ. Code, § 1633.9, subd, (a).) The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or signature was attributable. (Civ. Code, § 1633.9, su...

Excerpt: ...rer, but the parties never met and conferred in person or by telephone. On this ground alone, the Court could overrule the demurrer or continue it to require the parties to meet and confer. Second, the Court notes that Plaintiff failed to properly serve his Opposition pursuant to Code of Civil Procedure section 1005(c). The Court will exercise its discretion to consider the Opposition because Defendants were able to file their Reply timely and it...

Excerpt: ... allege sufficient facts to support punitive damages that Horizons acted with malice, intent to oppress, fraud, or despicable conduct, and that specific facts must be pleaded but the Complaint provides only conclusory statements which give rise to nothing more than mere negligence, such that the claim for punitive damages should be stricken. Plaintiffs contend that the Complaint makes sufficient factual allegations for malicious and oppressive co...

Excerpt: .... Defendant IRVINE's Evidentiary Objections to Plaintiff's Evidence in Support of the Opposition. The Court OVERRULES all objections to the Declaration of Denis LeBreton. The Court SUSTAINS Defendant's objections to Exhibits L, N, O, T, and U based on lack of foundation only. All other objections to Plaintiff's exhibits are OVERRULED. Motion. This action arises from the death of Plaintiff's father, Jerry Corcoran (“Decedent”), who was attacke...

Excerpt: ...f the visitor's personal safety [citation removed], the owner's actual or constructive knowledge of the dangerous condition is a key to establishing its liability.” (Id. at 1206). “Although the owner's lack of knowledge is not a defense, ‘[t]o impose liability for injuries suffered by an invitee due to [a] defective condition of the premises, the owner or occupier ‘must have either actual or constructive knowledge of the dangerous conditi...

Excerpt: ...ties Code, and the regulations promulgated and enforced by the California Public Utilities Commission firmly establish Uber is vicariously liable for Defendant, Danilo Dimayga Lumbera's negligence and owed Plaintiff a heightened duty as a matter of law.” (Notice, 2:4-10.) To move for summary adjudication, the party moving must specify in its notice of motion and motion the claim, causes of action, or issues it is moving on. (California Rules of...

Excerpt: ...8.) Here, the same allegations regarding poor workmanship pled in the negligence cause of action also undergird the nuisance cause. The cross-complainants' argument that nuisance causes of action are permitted in construction cases is not supported by any of the cases cited. The court finds the nuisance cause of action duplicative of the negligence cause. Fourth Cause of Action—Fraud Fraud causes of action must be pled with particularity as to ...

Excerpt: ...information within the proper scope of discovery. In Opposition, Defendant contends that a verification was not required because her response to Form Interrogatory No. 15.1 contained only objections and contends that her objections are not boilerplate as each of her asserted objections were explained and not baldly stated. Whether a Verification Was Required? C.C.P. section 2030.250(a) states in pertinent part as follows: “The party to whom the...

Excerpt: ...FP, Nos. 112-155; that Pak failed to respond separately to each request in violation of Code of Civil Procedure section 2031.210(a) by providing general, boilerplate objections; failed to identify with particularity any document, tangible thing, or electronically stored information falling within any category of items therein, in violation of Code of Civil Procedure section 2031.240(b); that Pak failed to provide sufficient factual information fo...

Excerpt: ...ides that “[a] meet and confer declaration 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.” Counsel for Defendant sent Plaintiff's counsel a September 23, 2021 letter asking whether Plaintiff would stipulate to a mental health examination. (Declaration of Marc Lafer, ¶ 4.) Counsel for Plaintiff did not respond. (Id., ¶ 5.) The Court finds t...

Excerpt: ...cases. (In re Complex Asbestos Litig. (1991) 232 Cal. App. 3d 572, 585.) “Standing generally requires that the plaintiff be able to allege injury, that is, an invasion of a legally protected interest. [Citation.] A “standing” requirement is implicit in disqualification motions. Generally, before the disqualification of an attorney is proper, the complaining party must have or must have had an attorney-client relationship with that attorney....

Excerpt: ...otion to be relieved from deemed admissions pursuant to CCP § 2033.300(b); 4. Allow Megarit on his own behalf and all other Defendants' behalf to set aside/vacate pursuant to CCP § 473(d), the Court's September 9, 2020 Order (ROA 255) denying Defendants' Motion to Set Aside/Vacate the Court's February 6, 2020 Order (ROA 209), Striking Defendants' Answer filed April 19, 2018 (ROA 49), and deem such Answer timely (re)filed, or alternatively, perm...

Excerpt: ...gatories, Employment, Set One; Form Interrogatories, General, Set One; Special Interrogatories, Set Two; and Special Interrogatories, Set One. Defendant also seeks monetary sanctions in the total amount of $16,023.00. Plaintiff indicates she has served further responses and further document production in response to Request for Production Nos. 5, 17-20, 22, 32, 31, 33, 35-37, and 42-43; Special Interrogatories No. 12; Form Interrogatories, Genera...

Excerpt: ...ause v. Board of Supervisors (1989) 49 Cal.3d 432, 441-442; footnote 7 omitted.) “A trial court deciding whether to issue a preliminary injunction weighs two interrelated factors—the likelihood the moving party will prevail on the merits at trial and the relative balance of the interim harms that are likely to result from the granting or denial of preliminary injunctive relief. [Citations.]” (County of Kern v. T.C.E.F., Inc. (2016) 246 Cal....

Excerpt: ...dant is correct in that this cause of action is directed against him. Directly under the title of the second cause of action, Plaintiffs allege that the second cause of action is brought “(By Plaintiffs Pablo Jose Valdes De Ferari and Aleida Isabel Aguirre Against Defendants Rogelio Adrian Vasquez, Pearce Services, LLC, and Does 2 Through 20).” (See, SAC pg. 19:16-17 (emphasis added).) Defendant is also correct that throughout the SAC Plainti...

Excerpt: ...hose exhibits, but not the truth of the matters asserted in Exhibits 1, 4, 6, and 7. (Sosinsky v. Grant (1992) 6 Cal.App.4 th 1548, 1564-1570.) The court DENIES the Request for Judicial Notice as to Exhibit 5. Petitioner has brought a First Amended Petition for Writ of Mandate (FAP), filed on 10-5-21 under ROA No. 134, against Respondent pursuant to Code of Civil Procedure sections 1085 and 1094.5. (FAP, ¶ 17.) Code of Civil Procedure section 10...

Excerpt: ...h the demand is incomplete. [¶] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [¶] (3) An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with each of the following: [¶] (1) the motion shall set forth specific facts showing good cause justifying the discovery sought by the demand. [¶] (2) The motion shall be accompanied by a meet and confer dec...

Excerpt: ... the expert is solely retained as a consulting expert, the attorney-client privilege applies to communications made by the client or the attorney to the expert to allow the expert to properly advise counsel. Furthermore, a consulting expert's report, prepared at the attorney's request and with the purpose of assisting the attorney in trial preparation, constitutes work product. (See, DeLuca v. State Fish Co., Inc. (2013) 217 Cal.App.4th 671, 688....

Excerpt: ...ks summary adjudication summary adjudication of the negligence, strict products liability, and breach of the implied warranty causes of action. (Notice; 8-19.) Code of Civil Procedure section 437c, subdivision (p)(2) provides, “A defendant . . . has met his or her burden of showing that a cause 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, ...

Excerpt: ...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 persona, either (i) the validity of the determination against the same defendant or defendants as to whom the li...

Excerpt: ... DENIED. Code of Civil Procedure section 1987.1 states, in part, “(a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an o...

Excerpt: ...osts, Item No. 5: Service of Process and Item No. 15: Hosting Electronic Documents. Prevailing Party: Code Civ. Proc., § 1032 (b) provides, “Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” Defendants were the prevailing parties and are entitled to recover reasonable and necessary costs. (Segal v. ASICS America Corp. (2022) 12 Cal.5th 651, 65...

Excerpt: ...vice of notice of ruling. Civil Code section 3294(a) provides that in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant “has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” A corporate defendant may not be liable for punitive...

Excerpt: ...and BR Rainbow North OP, LLC were and are Nevada limited liability companies. Their principal place of business is at 940 Calle Negocio, Suite 200, San Clemente, CA 92673. Defendants Black Rock Coffee Bar LLC (BRCB) in an Oregon LLC with its principal place of business in Oregon. Defendants Jeffrey Hernandez, Jake Spellmeyer and Bryan Pereboom are residents of Oregon. Defendant Daniel Brand is a resident of Arizona. Plaintiffs alleged that Defend...