Excerpt: ...his motion, Plaintiff seeks to quash a subpoena issued by Defendant on August 24, 2021 on Michael A. Rubin, Inc. (¶10 of Steven Fernandez Declaration and Exhibit F thereto [pg. 48 of ROA No. 70]). The subpoena includes 12 categories of documents – all of which were initially opposed by Plaintiff. (Id.). Within the Reply, however, Plaintiff unconditionally withdraws his objections to Requests Nos. 6, 8, 9 and 12. (Reply: 1:20-2:9). Additionally...

Excerpt: ... is being sued is attributable, at least in part, to the cross- defendant. (American Motorcycle Ass'n v. Superior Court (1978) 20 Cal.3d 578, 607; Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) § 6:529.) “Cross complaints for comparative equitable indemnity would appear virtually always transactionally related to the main action.” (Time for Living, Inc. v. Guy Hatfield Homes/All American Develop. Co. ...

Excerpt: ...burden to show a probability of prevailing on its claims. (McGarry v. University of San Diego (2007) 154 Cal.App.4th 97, 112-113 [defamation elements].) Plaintiff has shown the Instagram post was published. (Cf. Jackson v. Mayweather (2017) 10 Cal.App.5th 1240, 1259-1261 [publication by social media post]; see also Wong decl. ¶ 13 [“Rusty's Instagram page . . . has over 51,000 followers].) Plaintiff has shown that “Rusty USA uses forced labo...

Excerpt: ...chment is based is one upon which an attachment may be issued; (2) the plaintiff has established the probable validity of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. (Civ. Proc. Code § 484.090(a)(1)-(4).) A court may order the issuance of a writ of attac...

Excerpt: ...“The tort of intentional interference with expected inheritance was first recognized in California in 2012. (Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, 1050-1056, 141 Cal.Rptr.3d 142.) To establish a defendant committed the tort, a plaintiff must prove six elements. 'First, the plaintiff must p[rove] he [or she] had an expectancy of an inheritance. It is not necessary to [prove] that ‘one is in fact named as a beneficiary in the will or th...

Excerpt: ... an initial matter, the Court notes Defendants did not properly serve their reply on Plaintiff, a self-represented litigant. (Cal. Rules of Ct., Rule 2.251(c)(3).) There is no showing Plaintiff affirmatively consented to electronic service. Accordingly, the Court declines to consider Defendants' reply. In any event, the reply is improper for an additional reason: because Plaintiff did not file an Opposition to the Demurrer, there is literally not...

Excerpt: ... expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure § 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.Ap...

Excerpt: ...an, dated 10/11/2021, the Court OVERRULES Defendants' Objections Nos. 1, 4 and 8. The Court SUSTAINS Defendants' Objections Nos. 2, 3, 5, 6 and 7. The court has inherent power “to control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every manner pertaining thereto.” (Code Civ. Proc. §128(a)(5).) This includes the power to disquali...

Excerpt: ... proceeding that does not abate to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest. Code Civ. Proc. § 377.31. Basically, all causes of action survive death except as provided by statute. Code Civ. Proc. § 377.20. Section 377.31 of the Code of Civil Procedure (“CCP”) provides: On motion after the death of a person who commenced an action or proceeding, the court shall allow a pendin...

Excerpt: ... if any question of law or fact common to all these persons will arise in the action....” Under this provision, “the action of each plaintiff has been joined in one case, but they remain independent actions.” (Brennan v. Superior Court (1994) 30 Cal.App.4th 454, 461.) “ ‘The code section [section 378] contemplates of course an action single in form, but with each “case” or demand retaining its distinctive identity as though pleaded ...

Excerpt: ...ory. C.C.P. § 426.50 provides that “A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross- complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to ...

Excerpt: ...interference with contractual relationship, based on the allegation that Cross-Defendant Fu interfered with the “business relationships between Cross-Complainant B Body Fitness, LLC and the member of the B Body Fitness center” by making statements and taking actions that caused “the Members to terminate the membership agreement or breach the membership agreement by failing to pay dues to B-Body”. (XC ¶¶ 5, 11.) More specifically, Cross-...

Excerpt: ...en release bond. Defendant contends it is entitled to judgment because: (1) Plaintiff's preliminary notice was defective in that it failed to adequately estimate the value of its services; (2) Defendant is a “contractor” as defined by B&P Code section 7026.1 and cannot recover for unlicensed electrical work because it did not possess an electrical license; and (3) Plaintiff served its preliminary notice more than 20 days after it commenced se...

Excerpt: ...e Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of-- ¶ (1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case u...

Excerpt: ...refuses to arbitrate that controversy, the court must order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (1) the right to compel arbitration has been waived by the petitioner; (2) grounds exist for rescission of the agreement; or (3) a party to the arbitration agreement is also a party to a pending court action or special proceedin...

Excerpt: ...xamination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court. (b) A motion for an examination under subdivision (a) shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination. The motion shall be accompanied by a meet an...

Excerpt: ...¶¶ 2-6 & Exs. A-C.) Defendant has not substantiated his objections. (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98 [responding party's burden to justify objections].) Defendant's “document dump” of over 80,000 pages (Cronin decl., ¶¶ 2-4), does not obviate the need to provide code-complaint responses. Moreover, there is no evidence the items produced were “identified with the specific request number to which the documents resp...

Excerpt: ...1/2021. When determining whether a settlement is made in good faith, the court must determine whether “the amount of the settlement is within the reasonable range of the settling tortfeasor's proportional share of comparative liability 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 pl...

Excerpt: ...he California Rules of Court. Defendants HSA, LP and AMC-CA, Inc.'s Motion to Strike is denied. Pursuant to CCP §436, the Court may, upon a motion made pursuant to CCP §435 or at any time in its discretion, strike out “any irrelevant, false, or improper matter inserted in any pleading” or strike “out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Wit...

Excerpt: ...ctually a motion for reconsideration, this court found that “[t]he relief sought by way of this motion is an order reinstating attorney Marc Lazo as counsel of record after this court's order disqualifying him. The motion clearly involves reconsideration of the court's previous order disqualifying Mr. Lazo. It therefore falls within the ambit of Section 1008.” (ROA 2643 at 2). CCP §1008(g) specifically states that “[a]n order denying a mot...

Excerpt: ... new changes or conditions of employment for an implied agreement regarding those changes to form. (Avery v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal.App.4th 50, 61, 65 (Avery).) “Case law clearly requires an employee receive notice of a condition the employer places on the employee's employment before the employee can impliedly accept that condition by beginning or continuing to work for the employer.” (Id. at p. 65.) “[T]he emp...

Excerpt: ...n Government Code §65009(c)(1)(E) because all of the alleged wrongs arise out of the City Council's June 18, 2019 decision on the Planning Commission's interpretation of the effective date of the project approvals. “A defendant moving for summary judgment based on the affirmative defense of the statute of limitations carries its burden by presenting evidence establishing that the plaintiff's claim is time barred.” (Genisman v. Carley (2018) ...

Excerpt: ...s only parties whom the plaintiff sued. Parties are entitled to allege alternative claims for recovery, such as express indemnity and equitable indemnity, as well as declaratory relief. A cause of action is not uncertain just because a written agreement on which the claim is based might be uncertain. Defendant Manamed, Inc.'s Motion for Summary Adjudication as to Plaintiff Team Makena's Seventh Cause of Action for Misappropriation of Trade Secret...

Excerpt: ...periods, which has resulted in a systematic underpayment of separate rest period pay in violation of Labor Code Section 226.2. For the reasons set forth below, Taduran's motion is DENIED. GROUNDS FOR RULING I. Glidewell's Calculation of Rest Period Pay From August 4, 2016 to September 19, 2021, Glidewell paid its piece-rate employees for rest periods at the employee's effective hourly rate for the workweek. This rate was calculated as provided by...

Excerpt: ...” or “attorney's eyes only” designation. RP argues: (1) the criteria for the heightened confidentiality designation is too subjective; (2) this case does not involve trade secrets or disputes between competitors; (3) given that MP admits the extent to which RP had access to MP's confidential information during his employment, RP should not be preventing “from seeing documents that he previously had access to;” (4) the second tier will o...