Excerpt: ...s, the unopposed Motions are GRANTED. Discovery and Sanctions, Generally In Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 402 (“Sinaiko”) (internal quotation marks omitted), the appellate court described the civil discovery process: The Civil Discovery Act provides litigants with the right to broad discovery. In general, any party may obtain discovery regarding any matter, not privileged, th...

Excerpt: ...ave of court. (See Cal. Rules Ct., Rule 3.1113(d) [stating “[e]xcept in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages”]; see also (Cal. Rule Ct., Rule 3.1113(e) [stating “[a] party may apply to the court ex parte but with written notice of the application to the other parties, at least 24 hours before the memorandum is due, for permission to file a longer memorandum”].) The cour...

Excerpt: ...d fails to state facts sufficient to constitute a cause of action.” (ROA 23.) “A demurrer tests the legal sufficiency of factual allegations in a complaint.” (Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 225.) In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not ...

Excerpt: ...judgment/adjudication motions sought by plaintiffs: [W]here the plaintiff has also moved for summary judgment—or, as in this case, summary adjudication—that party has the burden of showing there is no defense to a cause of action. [Citation.] That burden can be met if the plaintiff has proved each element of the cause of action entitling the party to judgment on that cause of action. [Citation.] If the plaintiff meets this burden, it is up to...

Excerpt: ... 1-8 which are to the Declaration of S. SHAH. Defendants' Evidentiary Objections to Plaintiff's Evidence in support of Opposition. The Court OVERRULES all Objections Nos. 1-36 which are Declarations of the R. Steele, Esq. and NILESH. Motion. As to the 1 st COA (fraud, Issue Nos. 1 through 3), the Court finds there are triable issues of material fact. Defendants seek summary judgment on the 1 st cause of action for fraud asserted against SANDEEP o...

Excerpt: ...e of Civil Procedure section 1286.2 permits a court to vacate an arbitration award if “[t]he award was procured by corruption, fraud or other undue means” and if “[t]he arbitrators exceeded their powers and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted.” (Code Civ. Proc., § 1286.2, subd. (a)(1), (4).) Corruption, Fraud, or Other Undue Means: This ground applies either to fraud p...

Excerpt: ... to judgment on the cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the ...

Excerpt: ...ent in the Complaint. In the alternative, Plaintiff moves for an order granting summary adjudication as to the following issues: Issue No. 1: There is no triable of issue of material fact and the first cause action for Breach of Contract is with merit because Defendants cannot establish that they were entitled to receive any fees on account of the filing of a Petition for Letters of Administration seeking to have Plaintiff appointed the administr...

Excerpt: ...or hearing on 2-8-22. If the parties have not properly filed a Notice of Settlement, the court requests the parties to appear on 2-8-22 to explain the status of the case. If the case has not settled, then the court issues the tentative ruling set forth below. Defendants' (Thermo Power, Inc. and Ed Lydic) Motion for Leave to File an Amended Answer (Motion), filed on 1-18-22 under ROA No. 38, is GRANTED. Plaintiff's (Blanca Munoz) objections nos. 1...

Excerpt: ...d D only as to their pursuant to Evidence Code section 452, subdivision (d). Code of Civil Procedure section 2023.010 states, in part, “Misuses of the discovery process include, but are not limited to, the following: . . . [¶] (d) Failing to respond or submit to an authorized method of discovery. . . [¶] (g) Disobeying a court order to provide discovery.” Section 2023.030 provides, “To the extent authorized by the chapter governing any pa...

Excerpt: ...ions against Defendants (Surf City Auto Group, Inc. (Surf City) and FCA US LLC (FCA)). The Complaint alleged violation of statutory obligations against both Defendants. (Complaint, ¶¶ 198-241.) On 9-29-21 under ROA No. 86, Plaintiff filed a Request for Dismissal, with prejudice as to Defendant—Surf City Auto Group, Inc. Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1219, provides, “In Rosenthal v. Great Western Fin. Securities Corp. (1996) 14...

Excerpt: ...for good cause allow, may serve and file a notice of motion for one or more of the following purposes: [¶] (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. [¶] (2) To stay or dismiss the action on the ground of inconvenient forum. [¶] (3) To dismiss the action pursuant to the applicable provisions of Chapter 1.5 (commencing with Section 583.110) of Title 8.” Global Financial Distributors, In...

Excerpt: ...ts with the state that the assertion of jurisdiction does not violate ‘traditional notions of fair play and substantial justice.'” (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4 th 434, 444, abrogated on other grounds by Bristol-Myers Squibb Co. v. Superior Court (2017) 137 S.Ct. 1773.) “When a defendant moves to quash service of process on jurisdictional grounds, the plaintiff has the initial burden of demonstrating facts jus...

Excerpt: ...with EON Reality, Inc., a U.S. corporation.” (Complaint ¶5.) Plaintiff further pleads, “Venue is proper in this Court under California Code of Civil Procedure section 395 because Plaintiff's injury was suffered in this County and the relevant records are maintained in this County.” However, it is unclear from the Complaint itself whether the “contracts” referred to is the employment contract with Defendant, or contracts between EON and...

Excerpt: ... the Defendants. Pursuant to CCP 473 (b), Defendants had six months or 10/16/22 to move for relief under that statute. Since the motion was filed 1/12/22, Defendants moved for relief under extrinsic mistake. Extrinsic Mistake: “To set aside a judgment based on extrinsic fraud or extrinsic mistake, the moving party must satisfy three elements: ‘First, the defaulted party must demonstrate that it has a meritorious case. Secondly, the party seek...

Excerpt: ...ivil Code section 3294. (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory elements include allegations that the defendant has been guilty of oppression, fraud or malice. (Civ.Code, § 3294, subd. (a).) “‘Malice'” is defined in the statute as conduct “intended by the defendant to cause injury to plaintiff, or despicable conduct that is carried on by the defendant with a willful and conscious disregard fo...

Excerpt: ...rants Plaintiffs leave to amend the complaint. IT IS ORDERED THAT Plaintiffs shall file and serve an amended complaint within fourteen (14) days of notice of this ruling. STANDARD OF LAW “The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not draw...

Excerpt: ... 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 than he would if he were found liable at trial; (5) the financial conditions and insurance policy limits of settling defendants; and (6) the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling ...

Excerpt: ...s that Defendant did not waive its right to arbitration. The Motion is Defendant's first use of the litigation process, there is no trial date set, and Defendant claims no discovery has taken place. Plaintiffs have not demonstrated any prejudice and the timeline of events does not show any unreasonable delay. (Code Civ. Proc., § 1281.2, subd. (a); Saint Agnes Medical Center v. PacifiCare of Calif. (2003) 31 Cal.4th 1187, 1195; United States v. P...

Excerpt: ...¶ 2, Ex. A.) Parties moving to compel arbitration “may meet their initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement purportedly bearing the opposing party's signature.” (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1060.) If the opposing party challenges the validity of that signature, however, the moving party must “establish by a preponderance of the e...

Excerpt: ...plaintiff's claims. (Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; Duran decl., Ex. A, p. 6.) Plaintiff is equitably estopped from refusing to arbitrate with FCA. (See Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486.) “‘[A] nonsignatory may compel arbitration only when the claims against the nonsignatory are founded in and inextricably bound up with the obligatio...

Excerpt: ...) the parties provide no authority to support taking judicial notice of trial exhibits simply because they were admitted in an underlying trial; and (2) in any event, they are not relevant or necessary to the Court's determination of the Motion. Basic Rules for Summary Judgment/Adjudication Under Section 437c of the Code of civil Procedure (“CCP”) a party may move for summary adjudication as to one or more causes of action within an action, o...

Excerpt: ...ase may negate the duty element of a negligence action”]; see also Def. SSUF #17-21.) But plaintiff met his shifted burden to show triable issues of material fact whether defendant acted with gross negligence, liability for which cannot be released. (See Jimenez v. 24 Hour Fitness USA, Inc. (2015) 237 Cal. App. 4th 546, 554 [a “release cannot absolve a party from liability for gross negligence], 558 [“deliberately” arranging gym equipment...

Excerpt: ...riation of likeness under Civ. Code § 3344. Section 3344 provides in relevant part: (a) Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of his parent or le...

Excerpt: ...ause “the discovery seeks information, facts, legal contentions, names of witnesses, and documents that are ‘embraced by' the pending Appeal.” CCP section 916 provides that “the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter em...