Excerpt: ...uston Partners, LLC, William E. Bump, Thomas F. Scheidt, Ellen B. Friedman, Lawrence F. Leventon, Paul L. Cohen, Edward Henkin and Pat McRoberts. Defendants' Request for Judicial Notice is granted. It is appropriate for the court to take judicial notice of the status of an entity as listed on the Secretary of State's website. Newport Harbor Ventures, LLC v. Morris Cerrulo World Evangelism (2016) 6 Cal. App. 5th 1207, 1215. However, even though th...

Excerpt: ...f 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 or brief that simply asserts the issues have been resolved. The motion fails to provide the class members' estimated low payment under the proposed settlement, informa...

Excerpt: ... to demur to the complaint has expired.” (Code Civ. Proc., § 438, subd. (f)(2).) Thus, this motion is procedurally improper. Furthermore, the motion is also denied on the merits. Second Cause of Action for Unfair Business Practices Lee contends that this claim fails to state a claim because Criscione's only damages are those he would suffer if the note is left outstanding, and that any other damages are “future, speculative, and non-monetary...

Excerpt: ...r, defendants) demur to “amended” second amended complaint (ASAC). First cause of action for intentional infliction of emotional distress (IIED): The ASAC fails to state facts sufficient to constitute this cause of action. (See Hughes v. Pair (2009) 46 Cal.4th 1035, 1050-1051 [elements]; see also Pitman v. City of Oakland (1988) 197 Cal.App.3d 1037, 1047 [emotional distress must be pled with specificity].) The court further notes that contrar...

Excerpt: ...ge and failure to abate regarding the same. Plaintiff alleged that she suffered bed bug bites for months despite notifying Defendants' agents including Melody Xicotencatl, Sebastian Krol, Abrahan Salazar and Jamie Sheets during her exposure period and bedbugs were not abated. (paragraph 102). For a demurrer, the Court must accept the allegations as true. The conclusory language of paragraph 99 does not mandate the sustaining of the demurrer. Plai...

Excerpt: ... 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.”].) “This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not the defendant.” (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1238.) A demurrer “admit[s] all the properly pleaded material facts...

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: ...apers, 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 or brief that simply asserts the issues have been resolved. Counsel must disclose whether there are any other pending class action, individual, or PAGA lawsuits, whether filed with a...

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: ...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: .... 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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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, ...