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: ...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: ...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: ...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: ...nal Health 301, Inc. v. Tyco Electronics Corp. (2008) 169 Cal.App.4th 116, 133-134 (Cardinal Health) [tolling during repairs generally rests on same legal basis as estoppel]; Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 Cal.App.4th 175, 186 (Superior Dispatch) [“A defendant may be equitably estopped from asserting a statutory or contractual limitations period as a defense if the defendant's act or omission caused the plaint...

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...

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: ...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: ...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: ...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: .... (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: ...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: ...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: ...FAC pleads in conclusory fashion that he was an employee at the time of his interviews. Conclusory allegations are permitted if they are supported by other factual allegations in the complaint. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6.) However, Defendants contend that this conclusion is not supported by any other factual allegation in the FAC. The Court finds that the allegations set forth in Paragraphs 7, 8, 14-21 of the FAC are su...

Excerpt: ...rporate Status A corporation whose powers have been suspended for nonpayment of the corporate franchise tax lacks capacity to sue in California courts; and, if sued, it lacks capacity to defend. (Rev. & Tax Code, § 23301; Reed v. Norman (1957) 48 Cal.2d 338, 342; see Bourhis v. Lord (2013) 56 Cal.4th 320, 324; Color-Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603-1604 [“suspension of corporate powers results in a lack of capacity to sue, ...

Excerpt: ... the plume emanating from the 2040 Site where both entities operated. These Defendants contend that this information is material to the trial since it potentially affects both the declaratory relief action and the reasonableness of the District's investigatory costs. In response, the District points out, among other things, that this new data does not differ materially from Defendants' existing evidence regarding the distal end of the plume. (Opp...

Excerpt: ... the court on April 16, 2021, and therefore relevant for the court to consider in ruling on defendants' Motions to Quash, set for hearing on October 15, 2021. Contrary to plaintiffs' contentions, however, whether Northwood Investors operated as an advisor or manager to three entities that funded a Joint Venture known as NW Congress Center, LLC, which itself was based in California, is irrelevant to the jurisdictional analysis. Nor are plaintiffs ...

Excerpt: ...vice of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing,” or “the propounding party waives any right to compel a further response to the interrogatories.” (C.C.P. §2030.300(c)). The statutes outlining the time requirements for filing a Motion to Compel Further Responses are “mandatory and the court may not ...

Excerpt: ...bson (2011) 195 Cal.App.4th 1, 15.) Defendant has failed to meet this burden. First, contrary to defendant's contentions, plaintiff did not expressly agree to arbitrate her claims against FMC. The arbitration agreement explicitly requires only plaintiff and the nonparty seller to resolve “any dispute between us”—i.e., any disputes between plaintiff and the seller (including the seller's employees, agents, successors, and assigns)—by bindi...

Excerpt: ...nd which does not exceed the reasonable costs to the local government of providing the service or product”. Thus, the portion of the City of Anaheim's Electric Utility fees that represents the reasonable cost to the City of providing the service is not a tax. But the City's Electric Utility also pays to the City's general fund an amount of up to 4% of the Electric Utility's gross revenue earned during the previous fiscal year. Plaintiff contend...