Excerpt: ... moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record. A proof of service must be filed with the court clerk at least 5 court day...

Excerpt: ... Action for Products Liability-Negligent Failure to Warn; Sixth Cause of Action for Breach of Implied Warranty of Merchantability for a Particular Purpose; Seventh Cause of Action for Breach of Warranty; and Ninth Cause of Action for Breach of Contract. Plaintiffs' Late Opposing Papers All opposition papers to a motion for summary adjudication must be served on the moving party and filed with the court at least 14 days before the date set for hea...

Excerpt: ...or he has suffered only economic losses.” (Robinson Helicopter, Co., Inc. v. Dana Corp. (2004) 34 Cal. 4th 979, 988 [internal quotations and citations omitted].) Economic loss consists of “damages for inadequate value, costs of repair and replacement of the defective product or consequent loss of profits – without any claim of personal injury or damages to other property ....” (Id. [internal quotations and citations omitted].) “The econ...

Excerpt: ...from those 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 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 (2...

Excerpt: ...ntiffs claim that FFIC improperly denied coverage related to business loss resulting from the COVID-19 pandemic and governmental orders shuttering businesses. Plaintiffs claim the insurance broker, Bizlinks, was negligent in failing to obtain proper insurance. The FAC states that the “novel coronavirus is mainly spread through airborne droplets containing the SARS-CoV-2 virus that … physically alter and damage the air, including the air withi...

Excerpt: ... levying officer “property in defendant's possession.” (Application 1.d.(1).) Such property consists of “tangible personal property in the debtor's control or possession, which includes chattel paper, instruments, negotiable documents and certain types of securities.” (Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1108-1109.) Upon filing of the complaint, or at any time thereafter, a plaintiff may apply fo...

Excerpt: ...(ROA 66) because they are not in the form required by CRC, Rule 3.1354. Rather than object to specific evidence, Defendant offers objections to each of Plaintiff's responses to the Undisputed Material Facts. (See Hodjat v. State Farm Mut. Auto. Ins. Co. (2012) 211 Cal.App.4th 1, 8, finding the trial court did not abuse its discretion when it refused to rule on objections which did not comply with CRC 3.1354). Defendant's “Undisputed” Material...

Excerpt: ...ompel Defendants to sign all documents to complete settlement (the “Motion”), and the applicable law. For the following reasons, the Motion is DENIED. More specifically, the court DENIES the portion of the Motion to compel Defendants to sign all documents to complete settlement and the court DENIES the portion of the Motion to reset trial. Summary of Relevant Procedural History On May 17, 2016, Plaintiffs filed the complaint in this case. (RO...

Excerpt: ...e motion is DENIED. Requests for determination of good faith settlement are governed by Code of Civil Procedure section 877.6, which provides, in pertinent part: (a) . . . (2) [A] settling party may give notice of settlement to all parties and to the court, together with an application for determination of good faith settlement and a proposed order. The application shall indicate the settling parties, and the basis, terms, and amount of the settl...

Excerpt: ...Discovery, Generally In Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 402 (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, that is relevant to the subject matter involved in the pending action ...

Excerpt: ...), Code of Civil Procedure Section 598 (“Section 598”), and Code of Civil Procedure Section 36 (“Section 36”). Section 598 provides: The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference i...

Excerpt: ...the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for the revocation of the agreement.” Toal v. Tardif (2009) 178 Cal.App.4 th 1208, 1219, provides, “In Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 58 Cal.Rptr.2d 875, 926 P.2d 1061 (Rosenthal), our Sup...

Excerpt: ... LLC v. Romero (2016) 5 Cal.App.5 th Supp. 1 (Midland). Velasquez v. Superior Court (2014) 227 Cal.App.4 th 1471, 1477, footnote 7, provides, “Appellate division decisions have persuasive value, but they are of debatable strength as precedents and are not binding on higher reviewing courts. [Citation.]” Based on the court's ruling as to Objection No. 1, the remaining objections are immaterial under Code of Civil Procedure section 437c, subdiv...

Excerpt: ...oes not consider those exhibits for the truth of the matters asserted in them. (Sosinsky v. Grant (1992) 6 Cal.App.4 th 1548, 1564-1570.) The court DENIES Defendant—American Financial Center, Inc.'s Request for Judicial Notice, filed on 9-14-21 under ROA No. 538, as immaterial to the court's ruling. (Zucchet v. Galardi (2014) 229 Cal.App.4 th 1466, 1474, fn. 5, citing Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4 th ...

Excerpt: ...186); (4) Motion to Compel VRBO Holdings, Inc. to Respond to Requests for Production (ROA No. 187); (5) Motion to Compel HomeAway Holdings, Inc. to Respond to Requests for Admissions (ROA No. 207); (6) Motion to Compel HomeAway Holdings, Inc. to Respond to Requests for Production (ROA No. 208); (7) Motion to Compel VRBO Holdings, Inc. to Respond to Form Interrogatories (ROA No. 184); (8) Motion to Compel VRBO Holdings, Inc. to Respond to Special ...

Excerpt: ...nses thereto filed with the court.” Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4 th 566, 588- 589 (Lopez) states, “A court may direct a special reference to a discovery referee to resolve the parties' discovery disputes. (§ 639.) If the trial court orders the reference without the parties' consent, ‘[t]he referee's factual findings are advisory recommendations only; they are not binding unless the trial ...

Excerpt: ...nied by an affidavit from the moving party that states: (1) what application was previously made; (2) when and to what judge; (3) what order was made; and (4) what new or different facts, circumstances or law are claimed to be shown. (CCP § 1008(a).) A party seeking reconsideration also must provide a satisfactory explanation for the failure to produce the evidence at an earlier time. (New York Times Co. v. Superior Court (2005) 135 Cal.App.4th ...

Excerpt: ...for Judicial Notice is GRANTED as to Exhibits C and D. While they are not particularly helpful to the instant motion, they are recorded documents pertaining to the subject real property “[T]he trial court has the power to consolidate an unlawful detainer proceeding with a simultaneously pending action in which title to the property is in issue. That is because a successful claim of title by the tenant would defeat the landlord's right to posses...

Excerpt: .... (Herman Feil, Inc. v. Design Ctr. of Los Angeles (1988) 204 Cal.App.3d 1406, 1414; see Air Line Pilots Ass'n v. Miller (1988) 523 U.S. 866, 876.) Both state and federal law provide for enforcement of arbitration agreements. (Code Civ. Proc., §§ 1280 et seq.; 9 U.S.C. §§ 1 et seq.) Here, it is undisputed that the Federal Arbitration Act (“FAA”) applies. A petition to compel arbitration must show: (1) the existence of a dispute between th...

Excerpt: ...and (3) a motion to compel Defendant to serve further responses to Plaintiffs' Special Interrogatories, Set One, 1-13, 15-27, and 30-42. The Court rules on each motion separately, below. Motion to Compel Compliance Asan initial matter, the Court notes the potential inconsistency between Plaintiff's request to compel Defendant to comply with its original responses to the RFPs at the same time she demands different responses in place of the origina...

Excerpt: ...nitial burden to show the plaintiff's action has no merit. It may do this by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrat...

Excerpt: ...vide a legitimate, nonretaliatory explanation for its acts, and (3) the plaintiff show this explanation is merely a pretext for the retaliation. [Patten v. Grant Joint Union High School Dist. (2005) 134 Cal.App.4th 1378, 1384] To establish a prima facie case of retaliation a plaintiff must show (1) she engaged in a protected activity, (2) her employer subjected her to an adverse employment action, and (3) there is a causal link between the two. I...

Excerpt: ...nts”) were filed and served late in violation of Code Civ. Proc. § 437c(b)(2). However, the Court will consider the opposing papers. Plaintiff's Request for Judicial Notice The Court DENIES Plaintiff's request to judicially notice the screenshots and/or documents from the California Secretary of State website and from the California Medical Board, attached as Exhibits 2 and 5 to Plaintiff's Compendium of Evidence (“COE”), as they are not r...

Excerpt: ...that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorneys' fees in addition to other costs. (See also Code Civ. Proc., § 1033.5(a)(10)(A).) Reasonable attorneys' fees shall be fixed by the court and shall be an element of the costs of...

Excerpt: ... did not file a reply. Subject to any objection by Defendants to the untimely opposition, the Court will exercise its discretion and consider Plaintiff's untimely opposition and objection. Defendant shall advise the Court at the hearing whether it waives the untimely opposition, or whether it seeks to have the hearing continued so that it may have the opportunity to file a reply. Plaintiff's objection to the demurrer on the ground the demurrer is...