Excerpt: ... the opposition thereto. Demurrer A. First through Fifth Causes of Action The First Cause of Action is for Violation of the Fair Employment and Housing Act (“FEHA”). It alleges that the defendants discriminated against the plaintiff “based on gender, race, pregnancy and/or disability/perceived disability.” Each of the next four causes of action also allege violations of FEHA. The Second Cause of Action is for “harassment based on gender...

Excerpt: ...udicial notice has been taken.” (Id.) “A demurrer must dispose of an entire cause of action to be sustained.” (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal. App. 4th 97, 119.) “As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be,” unless the “complaint contains allegations of fact inconsistent with attached documents, or allegatio...

Excerpt: ...electronic filing or services. For the following reasons, Plaintiff's motion is DENIED. On April 7, 2021, this matter came on for trial. (See ROA 594.) The jury deliberated, found that Defendant was not negligent in the maintenance of the subject property, and issued a verdict in favor of Defendant. (See ROA 658, 660.) Judgment was entered on May 19, 2021. (ROA 675.) Notice of Entry of Judgment was served on Plaintiffs' counsel via electronic mai...

Excerpt: ...Plaintiff intends to proceed against Orange Coast at the hearing. The parties did not comply with California Rules of Court, Rule 3.1113(d). The Court reminds the parties that "[a] memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper." (Cal. Rules of Court, Rule 3.1113(g).) Lastly, FCA submitted a declaration in support of its reply. “The general rule of motion practice…i...

Excerpt: ... Contractors (“JJS”), and John Schroeder (“Schroeder”). For the following reasons, Accent's motion for summary judgment against Plaintiff Larson and Plaintiff Zenith (the “Motion for Summary Judgment”) is DENIED. For the following reasons, Accent's motion for summary adjudication against Saddleback, JJS, and Schroeder is DENIED. Accent moves for the following orders: 1. An order granting Accent summary judgment on the complaints filed...

Excerpt: ...lowing reasons, Plaintiff's unopposed motion is GRANTED. Civil Procedure Code Section 473(a)(1) provides that “[t]he court may . . . in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading . . . .” “[T]he court's discretion will usually be exercised liberally to permit amendment of the pleadings.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428 [citations om...

Excerpt: ...r answer appears on the face thereof, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by a demurrer to the pleading." ." (Code Civ. Proc., § 430.30(a).) The role of a demurrer is “to test the legal sufficiency of a complaint.” (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994, citations omitted.) In ruling on the demurrer, the court “treats the demurr...

Excerpt: ...ation of Labor Code Section 1102.5 – Defect or misjoinder of parties. Cal. Code of Civ. Proc. (“CCP”) § 430.10(d). Uncertain. CCP §430.10(f). - Second Cause of Action for Retaliation in Violation of Labor Code Section 6310 – Defect or misjoinder of parties. CCP § 430.10(d). Uncertain. CCP § 430.10(f). - Third Cause of Action for Wrongful Termination – Defect or misjoinder of parties. CCP § 430.10(d). Uncertain. CCP § 430.10(f). - ...

Excerpt: ... a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: [¶] (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of liti...

Excerpt: ...ns.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 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.App.4 th 1228, 1238, provides, “This rul...

Excerpt: ...in reply is insufficient and does not establish compliance with CRC, Rule 3.1324(a). In addition, Plaintiffs fail to comply with California Rules of Court, Rule 3.1324(a). Plaintiffs provide that there are additional facts and claims regarding Plaintiffs' pre-existing causes of action for breach of fiduciary duty against Mr. Soderling and Mr. Lutton but do not, but the failure to specify what has been deleted or added to the proposed Second Amend...

Excerpt: ...conformity with the laws of this state, a court rule, or an order of the court.” Code of Civil Procedure section 435, subdivision (b)(1), states, “Any party, within the time allowed to respond to a pleading may serve and file, a notice of motion to strike the whole or any part thereof, but this time limitation shall not apply to motions specified in subdivision (e).” Pierson v. Sharp Memorial Hospital, Inc. (1989) 216 Cal.App.3d 340, 342, e...

Excerpt: ...laim. Moreover, corporate ratification has not been adequately pleaded. Pursuant to Civil Code section 3294(a), a plaintiff may seek punitive damages for “oppression, fraud, or malice.” Section 3294(c) defines “malice” as conduct which is intended to cause injury or despicable conduct carried on with a willful and conscious disregard of the rights or safety of others. Similarly, section 3294(c) defines “oppression” as despicable condu...

Excerpt: ...f against that defendant. If any party recovers other than monetary relief and in situations other than as specified, the ‘prevailing party' shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034.” Code of Civil Procedure section 1032, subdivision (...

Excerpt: ...tablished good cause for discovery. Defendants' Request for Discovery is denied. Plaintiffs' Objections to Defendants' Evidence: All Overruled. Declaration of Michelle Hemesath, Esq. Nos, 1 to 7; Declaration of Benjamin Ikuta, Esq., Nos. 1 to 5; Declaration of Mary Carr, Nos. 1 to 13; Declaration of Dr. Robert Kachenmeister, Nos. 1 to 29; Declaration of Chalene Johnson, Nos. 1 to 35; Declaration of Jason Vance, Nos. 1 to 11; Declaration of Polly ...

Excerpt: ...take notice not only of the fact of the document and its recording or publication, but also facts that clearly derive from its legal effect.” (Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754). (Emphasis original). The court can take judicial notice of the legal effect of the Judgment. Date of Entry of Judgment: Defendants moved to vacate the Renewal of the Judgment contending that the renewal occurred more than ten years afte...

Excerpt: ...nd other papers may not be filed under seal merely by stipulation of the parties. A prior court order must be obtained. [CRC 2.551(a); see H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 888.] Here, both Defendant and Plaintiffs filed entire documents under seal based on a stipulation of the parties. This is improper and does not comply with California Rule of Court 2.550 et seq. The Court reminds the parties that its Order entering the partie...

Excerpt: ...e or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto.” First Cause of Action for Nuisance: Plaintiff alleged that D...

Excerpt: ...ause shown, may make any order that justice requires to protect any party “from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” Code Civ. Proc. § 2025.420(b). Further, under CCP section 2019.030, the court may restrict discovery where it is “unreasonably cumulative or duplicative.” Code Civ. Proc. §2019.030(a)(1). The SPI is an Agency Head Normally Not Subject to Deposition The law recognizes that civi...

Excerpt: ...wo grounds, as set forth below. A. Defendant argues delay and prejudice First, Defendant argues Plaintiff delayed bringing these new claims and that the claims which should have been asserted in the initial Complaint filed over a year ago on 1/19/21. The Court agrees that there was a delay. Plaintiff's counsel testifies his firm learned of the new facts on October 1, 2021, when Ms. Shawna Ragsdale, the Human Resources administrator for Sourceabil...

Excerpt: ....4th 993, 1020.) Attorney's fees are recoverable as costs, when authorized by contract, statute, or law. (Code Civ. Proc., § 1033.5(10)(A)-(C).) The California Uniform Trade Secrets Act (“CUTSA”) provides that if “a claim of misappropriation is made in bad faith . . . the court may award reasonable attorney's fees and costs to the prevailing party. (Civ. Code, § 3426.4.) CUTSA also allows for the recovery of expert fees. (Ibid.) CUTSA “...

Excerpt: ...me barred pursuant to Code of Civil Procedure Section 340(c)(2). A claim for defamation is subject to the 1-year statute of limitation set forth in Code of Civil Procedure section 340, subdivision (c). Shively v. Bozanich (2003) 31 Cal.4th 1230, 1246. The single publication rule, which has been codified as Civil Code section 3425.3, “applies to statements published on Internet Web sites.” Traditional Cat Assn., Inc. v. Gilbreath (2004) 118 Ca...

Excerpt: ...d to an award of punitive and exemplary damages in an amount to be decided at the time of trial.” ¶38 is pleaded in connection with the second cause of action for fraud based on intentional misrepresentation. ¶46 is pleaded in connection with the third cause of action for negligent misrepresentation. Plaintiff also seeks to strike Item 4 from the prayer for relief which states: “4. Punitive, special and/or exemplary damages; and/or” When ...

Excerpt: ...e amount of $25,250 as mandated by California Code of Civil Procedure section 425.16(c). The Carlson Defendants contend that Plaintiffs' single claim for malicious prosecution arises solely and exclusively from constitutionally protected activity as Plaintiffs seek to hold the Carlson Defendants liable for alleged conduct undertaken during their representation of their former client, Defendant High Seas Yacht Charters, LLC (“High Seas”) in an...

Excerpt: ...vacy is a 'fundamental interest' of our society, essential to those rights ‘guaranteed by the First, Third, Fourth, Fifth and Ninth Amendments to the U.S. Constitution.' … However, ‘the constitutional right of privacy is not absolute; it may be abridged to accommodate a compelling public interest. [Citations.] One such interest, evidenced by California's broad discovery statutes, is ‘the historically important state interest of facilitati...