Excerpt: ...this request for admission. Request for admission No. 21. The nature of the information sought by this request is readily apparent. The question is whether plaintiff's agent, Ronald Jazzar, ever told Tafoya's agent, Steve High, that plaintiff could not perform under the terms of the subject agreements regarding the purchase of the subject property due to the impact of the Covid- 19 pandemic. A request must be answered if the nature of the informa...

Excerpt: ...inesses has nothing to do with whether the loss here was covered under the specific policy at issue. I. BACKGROUND A. Underlying Loss Muirhead is the former sole proprietor of Marcellos Pizza and Pasta (“Marcellos”). (Muirhead Decl., ¶ 3.) In April 2014, Muirhead restructured the business by forming Working With Integrity, Inc., which does business as Marcellos. (Id., ¶ 4.) Muirhead is the sole owner of Working With Integrity. (Id., ¶ 5.) ...

Excerpt: ...nsation insurance for PSMG, but this case does not involve any workers' compensation insurance issues for any entity. Defendant Semaan can invoke his Fifth Amendment privilege if and when it becomes necessary, the likelihood and extent of which appear to be minimal, and the court can rule at that time if necessary. If Semaan is ever charged with crimes as to defendant The Original Wine Club, Inc., defendants may renew their request for a stay of ...

Excerpt: ...o file a proposed Consolidated Second Amended Complaint (“C2AC”). The motion is GRANTED. The Prime Hospitals are to file and serve the C2AC by December 1, 2021. The Court will not impose conditions on this amendment. Also, in order to avoid potentially unnecessary future motion practice, the Court requests that the parties consider including the allegations (i.e., the 9 additional underlying patient claims) of Case No. 21- 01208562 into the C...

Excerpt: ...ns. Co. (2004) 33 Cal.4th 780, 806, quoting Trope v. Katz (1995) 11 Cal.4th 274, 278.) The rule has been codified in Code of Civil Procedure sections 1021 and 1033.5, subdivision (a)(10). (Code Civ. Proc., § 1021 [“Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proc...

Excerpt: ...ould be bound by a judgment in an action brought by the government." (Arias v. Superior Court (2009) 46 Cal.4th 969, 986; accord Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 381). Accordingly, the trial court must “review and approve” a PAGA settlement. (Labor Code §2699(l)(2)). As the California Supreme Court explained: “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated...

Excerpt: ...aims based on future royalties owed under the contract between Ossur and Calco are subject to the exclusive jurisdiction of the federal courts because they arise under patent law. As a result, this Court lacks jurisdiction over the second, third and fourth causes of action as currently pled. It also lacks jurisdiction over the first cause of action insofar as it is based on future royalties. 2. However, claims based on past royalties owed for the...

Excerpt: ...e parties' course of dealing (conduct); that under those terms, Vit-Best generally shipped cross-complainant Dr. Rath Health Programs, B.V.'s (DRHP) orders within 3-4 months; that the subject purchase orders themselves also specified that the orders be “ready to ship at Vit-Best” by 3/1/19 and 4/1/19, respectively; Vit-Best shipped many of the subject products late and the shipments were not completed until approximately August 2019; as a res...

Excerpt: ...nique information regarding the underlying case and because the City has failed to exhaust less intrusive means of discovery. In opposition, WCA seeks a protective order. Both motions are DENIED without prejudice. The general rule is that parties are entitled to depose “any person, including any party to the action. The person deposed may be a natural person, an organization such as a public or private corporation, a partnership, an association...

Excerpt: ...nhome Owners Ass'n, Inc. (2001) 89 Cal.App.4th 746, 752.) To utilize this “equitable” procedure, the court must find that “the new party must be the alter ego of the old party,” and, “in order to satisfy due process concerns, the new party must have controlled the litigation.” (Cal. Civ. Prac. Business Litigation § 5:29, citations omitted; McClellan v. Northridge Park Townhome Owners Ass'n, Inc. (2001) 89 Cal.App.4th 746, 752 [“Suc...

Excerpt: ...-complaint without leave of Court Moving cross-defendant initially contends that the first amended cross-complaint was improperly filed, suggesting that leave of Court was required. Moving cross-defendant is incorrect. The moving cross-defendant is also the plaintiff. A cross-complaint must be filed against any party who filed a complaint or cross-complaint against him or her before or at the time of the answer to the complaint or cross-complaint...

Excerpt: ...f a statute. It alleges the basic elements of negligence and therefore the demurrer is overruled. Second Cause of Action for Negligence Per Se The violation of a statute, regulation, or ordinance that establishes standards of appropriate conduct may constitute negligence per se if the violation was the cause of the plaintiff's harm. However, this cause of action fails to identify the statute, regulation, or ordinance that the defendants violate�...

Excerpt: ...FFIC improperly denied coverage related to business loss resulting from the COVID-19 pandemic and governmental orders shuttering businesses. Plaintiffs further claim that the insurance broker, WEIS, was negligent in failing to obtain proper insurance. On 9/23/21, this Court overruled FFIC's demurrer to the FAC. FFIC answered on 10/8/21. WEIS filed this demurrer on 8/20/21. To state a claim for negligent failure to obtain insurance coverage, the p...

Excerpt: ...operty or personal property worth more than $25,000 is subject to a judicial forfeiture proceeding. Under judicial forfeiture procedure, the attorney general or a district attorney may file a petition for forfeiture of property: (1) in the superior court of the county where the defendant has been charged with the underlying offense; (2) in the county where the property subject to forfeiture has been seized; or (3) if no seizure has occurred, in t...

Excerpt: ...ginal amount of $440,204.10, but that Judgment Debtors have not satisfied any portion of the judgment, such that the current amount owing on the judgment, with post-judgment interest and recoverable costs, is $525,420.44 (the “Judgment Balance”). Judgment Creditor contends that Code of Civil Procedure § 708.510 authorizes the Court to enter an assignment order directing a judgment debtor to assign to a judgment creditor all or part of a righ...

Excerpt: ...r admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.23...

Excerpt: ...its jurisdiction into effect. [CCP § 187.] “As a general rule, ‘a court may amend its judgment at any time so that the judgment will properly designate the real defendants.'....” (Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 508.) Usually, such amendments are: (1) to add a nonparty alter ego as a judgment debtor (see Tokio Marine & Fire Ins. Corp. v. Western Pac. Roofing Corp. (1999) 75 Cal.App.4th 110, 116; Hall, Goodhue, Haisley & ...

Excerpt: ... motion, substantially compliant responses, the court has no discretion but to deny the motion. (St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776). Plaintiff's motion to deem the first set of Requests for Admission propounded to WSH admitted is DENIED as MOOT. On 10/28/2021, this court denied the identical motion involving identical issues brought by plaintiff Thomas Davidson (“Davidson”). The court detailed its reasoning for denyin...

Excerpt: ...§ 2030.290(c) and 2031.300(c), which relate to a party's failure to respond to interrogatories and inspection demands, respectively, nowhere in Plaintiff's memorandum of points and authorities does Plaintiff mention or discuss such statutes or the applicability of the same to the facts here. In any case, it appears that Plaintiff argues that sanctions are necessary because: (1) Defendant failed to conduct a noticed deposition, (2) Defendant viol...

Excerpt: .... Plaintiffs contend that Code of Civil Procedure §§ 1060, 1061, 1062.3, 1281, and 1281.2 authorize the Court to make a binding declaration of the parties' respective rights and duties concerning an arbitration agreement (the “Agreement”). Plaintiffs contend that a controversy in the interpretation and enforceability of the Agreement has arisen which requires the Court to make a binding declaration of the parties' respective rights and duti...

Excerpt: ...ate that it certified or declared as true “under the laws of the State of California”, as required by code. (See CCP § 2015.5.)” As such, the court continued the motions “to allow Plaintiff to file proof of proper service of the opposition and to allow Defendant to cure his failure to fully comply with CCP § 2015.5.” The court is in receipt of a proof of service filed by Plaintiff (ROA 38), indicating overnight mail service of the opp...

Excerpt: ... allege facts of defendant's oppression, fraud, or malice. (CC § 3294(a).) “Malice” is defined as conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (CC § 3294(c)(1).) “Oppression” is defined as despicable conduct that subjects a person to cruel and unjust hardship in conscious dis...

Excerpt: ... state, a court rule or an order of the court. (Code Civ. Proc., § 436.) “Irrelevant” matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not supported by the allegations of the complaint. (Code Civ. Proc., § 431.10 (b).) A motion to strike can also strike legal conclusions. (Weil & Brown, Cal. Prac. Guide, Civil P...

Excerpt: ...tion has been filed affecting title or right to possession of the real property described in the notice.” (Kirkeby v. Superior Court (2004) 33 Cal.4th 642, 647 [citation and internal quotation marks omitted].) The notice may be recorded by any party who “asserts a real property claim” in the action. (§ 405.20.) “A lis pendens clouds title until the litigation is resolved or the lis pendens is expunged, and any party acquiring an interest...

Excerpt: ...e and fail to comply with the Court's 10/5/2020 Minute Order (ROA 244) because the supplemental responses do not include all potentially aggrieved employees, such as Real Parties in Interest Brenda Martinez, Natalia Alvarez and Leticia Ramirez, who worked for Defendants in 2017 and/or 2018 and speak a language other than English. ROA 732, Travosan Decl., at ¶14 and Ex. H. DFEH further argues that PCS failed to make a reasonable and good faith in...