Excerpt: ...esting the suspect outside the house if the suspects leaves the house on police orders. (See People v. Trudell (1985) 173 Cal.App.3d 1221, 1229-1230.) Trudell also found the suspect left the house voluntarily. Taking the complaint's allegations to be true, as we must, here the officers lacked probable cause. Under California law, a police officer lacks immunity for false imprisonment when the arrest lacks probable cause. (See Cornell v. City & Co...

Excerpt: ... Proc. §§ 284- 285. Phillips, Spallas & Angstadt LLP associated in as counsel of record for the Thompsons in their capacity as defendants, but not as cross-complainants. (ROA 180.) Ertz generally and specially demurs to all five causes of action in the FACC. First, Ertz contends all five causes of action are “ambiguous and vague as to time in light of the alleged settlement agreement” mentioned in the FACC. Ertz argues that all the claims f...

Excerpt: ...based upon Civ. Proc. Code § 430.10(e) is overruled. A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. The issue is the sufficiency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. Del E. ...

Excerpt: ...e multiple procedural defects with the pleadings in this matter. First, although Plaintiffs' pleading is titled a “demurrer,” no actual demurrer was filed, which is in violation of CA ST CIVIL RULES Rule 3.1320 and Civ. Proc. Code § 430.60. Plaintiffs' Notice contains the incorrect time, date, and location (in Dept. 38 of Los Angeles County Superior Court) of the hearing in the body of the Notice, but has the correct department (N17) in the ...

Excerpt: ...ontract or version thereof between which parties is at issue, fails to allege the existence of a contract with Davidson, and fails to adequately set forth the relevant terms of the contract(s) at issue. Further, it cannot be ascertained from the pleading whether the subject contract is written, oral, or implied by conduct. (Code Civ. Proc., § 430.10, subd. (g).) 2nd cause of action, breach of implied covenant. This claim is uncertain. It is unce...

Excerpt: ...430.10(e) and (f). ““A constructive trust is an involuntary equitable trust created by operation of law as a remedy to compel the transfer of property from the person wrongfully holding it to the rightful owner. [Citations.] The essence of the theory of constructive trust is to prevent unjust enrichment and to prevent a person from taking advantage of his or her own wrongdoing. [Citations.]” [Citation.] Imposition of “[a] constructive tru...

Excerpt: .... v. Nelson (1980) 110 Cal.App.3d 868, 881.) The purpose of a demurrer is determine the sufficiency of a complaint. It does not test the evidence or plaintiff's ability to prove her claims. “The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action [citation].” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905; accord, Satyadi v. West Contra Co...

Excerpt: ...of confidentiality agreement, and otherwise OVERRULED. 1st and 2nd causes of action for breach of employment agreement and breach of confidentiality agreement. The first two causes of action are based on non-compete and non-solicit provisions in the parties' employment and confidentiality agreements that constitute unenforceable restraints against trade in violation of Business and Professions Code section 16600 (section 16600). Specifically, wit...

Excerpt: ...pposition, the Court finds Polymer80 will not be prejudiced if the Court considers the opposition. The Court has not considered the reply declaration of Germain D. Labat. (See Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1538 [“The general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers.”].) I. Background Polymer80 is one of a number of “ghost gun” part manufacturers sued by Plaintiffs,...

Excerpt: ... of action in the C2AC, a third party beneficiary claim brought by Plaintiffs Prime Hospitals. The California Department of Health Care Services (“DHCS”) has entered into a contract with CalOptima to administer Medi-Cal in Orange County. The C2AC refers to this contract as the “DHCS Contract.” (The DHCS Contract (or portions of it) is attached to the C2AC as Exhibit B.) The Prime Hospitals allege they are third party beneficiaries of the ...

Excerpt: ...be submitted as well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. Are there any actions pending against Defendant (whether individual, class, or PAGA, including PAGA actions in the pre-filing LWDA stage) that could be affected by this settlement? 2. Please provide a copy of Plaintiffs' pre-filing letter to the LWDA. 3. The class period extends...

Excerpt: ...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. Plaintiffs Nichole Kec and Hopeton Dias have both brought this motion, and are both parties to the settlement agreement, yet plaintiffs seek an enhancement award only for plaintiff Nichole Kec, not for plaintiff Hopeton Dias. Plai...

Excerpt: ... Defendant claims that it has been substantially prejudiced since it cannot conduct its own tests to verify the test results and challenge the factual basis for the 60-day notices. As such, Defendant contends the only remedy is to terminate this lawsuit and impose monetary sanctions against Plaintiff for the attorney fees and costs in bringing the motion. To establish spoliation, Defendant must establish Plaintiff was under a duty to preserve the...

Excerpt: ...Fiber, LLC, breached the Pole License Agreement and refused to accept SCE's tender of defense. The motion is DENIED. Procedural Irregularities This is the second time that Southern California Edison Company has sought summary adjudication of issues on its cross-complaint as to this cross-defendant. The first time the summary adjudication of issues motion was denied without prejudice; there were numerous procedural errors. Although this second mot...

Excerpt: ...at 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.” Code of Civil Procedure section 437c, subdivision (f)(1), provides, in part, “A party may move for summary adjudication as to one or more causes of action within an action, one or more af...

Excerpt: ...ntiffs named therein. The elements of a medical malpractice cause of action are: (1) duty of professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between negligent conduct and resulting injury; and (4) actual loss or damage resulting from professional's negligence. (Avivi v. Centro Medico Urgente Med. Ctr. (2008) 159 C...

Excerpt: ...r her job, and (3) was subjected to adverse employment action because of the disability. [Citation.] Once the employee establishes his or her prima facie case, ‘the burden then shifts to the employer to offer a legitimate, nondiscriminatory reason for the adverse employment action.' [Citation.] The employee may still defeat the employer's showing with evidence that the stated reason is pretextual, the employer acted with discriminatory animus, ...

Excerpt: ...nts, without objection, and to produce all responsive documents in his possession of under his control. Plaintiff seeks monetary sanctions in the amount of $1600 against Defendant and his attorneys of record herein, Timothy Joens and Matthew Joens. (ROA 42) Initially, it should be noted that service herein was defective. The motions were served by electronic delivery on 10/11/2021, but the email addresses of the parties appearing herein were not ...

Excerpt: ... two prior orders of this Court to provide requested discovery. The most recent order was issued on 9/16/2021 and warned that a subsequent failure to comply with that order to respond might result in a dismissal of the Claim and hence forfeiture of the funds in question (approximately $1482). The instant motion was initially heard on 1/13/22 and continued because Petitioner did not sufficiently demonstrate service upon Claimant of the 9/16/2021 n...

Excerpt: ...ach, for Plaintiff to ask the questions at issue in this Motion, and any follow-up questions as necessary within the scope of the Court's November 21, 2019 Order as discussed in this ruling. IT IS FURTHER ORDERED THAT Defendants' counsel shall only instruct the witnesses not to answer on the basis of an applicable privilege and not based on any other objection. Plaintiff's Motion for Order Appointing Discovery Referee is DENIED. Plaintiff's Reque...

Excerpt: ... the statement of compliance with the demand is incomplete; (2) a representation of inability to comply is inadequate, incomplete, or evasive; and (3) an objection in the response is without merit or is too general. A motion filed pursuant to C.C.P. section 2031.310 requires the motion “set forth specific facts showing good cause justifying the discovery sought by the demand.” There are only two document demands at issue. Request No. 3 seeks:...

Excerpt: ... due on or before April 7, 2020, but Defendants requested and Plaintiff granted an extension of time to respond until April 30, 2020. (Pittaluga Dec. ¶ 6.) Defendants did not respond to any of said written discovery by the time the discovery motions were filed on May 27, 2020. (Id.) “If a party to whom interrogatories are directed fails to serve a timely response . . . [the party] waives any right to exercise the option to produce writings . ....

Excerpt: ...of the procedural posture of the case, the facts proved, and the court's final ruling. As the minute order makes clear, the court had concluded that the defendants were entitled to judgment as a matter of law on the summary judgment motion on the ground that the action was barred by the applicable one-year statute of limitations. Thus, the court's order after hearing was to grant summary judgment. However, the court recognized (as explained in it...

Excerpt: ...n. I. Motion of Defendant Susan Su Chun Wu Defendant Susan Su Chun Wu filed a motion for summary adjudication of issues as to complaint filed by plaintiffs Yoshinori Senga, Sakiko Ogura, and Yasuhiro Senga. 1. First Cause of Action quiet title as to real property located at 203 Nashville Avenue, Huntington Beach. DENIED. Quiet title was pled as to three properties. (See Para. 159 of Second Amended Complaint.) The defendant fails to explain how th...

Excerpt: ...ry injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. No preliminary injunction shall be granted without notice to the opposing party.” Code of Civil Procedure section 526(a) provides, “(a) An injunction may be granted in the following cases: (1) When it appears by the c...