Excerpt: ...Lifeguard Operations Division The City. According to the proof of service attached to the motion, the email address used by plaintiff for the City's counsel is “[email protected]” and the correct email address appears to be “[email protected],” based o n the Court's records. With regard to the motions for reconsideration, such must be filed within 10 days of service on her of notice of entry of the order in question. (Code C...

Excerpt: ...24, Cross -Defendants timely filed and serv ed a supplemental declaration pursuant to the Court's March 7, 2024 Minute Order. Despite apparent telephonic conferences to meet and confer held on March 15, 2024, and March 26, 2024, it appears that the parties failed to reach an agreement concerning any of the 11 causes of action at issue. Standing for Dessau and M86 Cross -Defendants contend that Dessau and M86 lack standing to file a lawsuit agai...

Excerpt: ...ward time ly filed. The Court heard these Motions on 3/28/24 but continued the hearing to allow for further briefing on Petitioner's new argument made for the first time at the hearing. (ROA 47) Petitioner argued that the Motion to Quash should be denied because th e "general appearance" waived any objection to jurisdiction made in Respondents' Motion to Quash. The Court now considers that briefing in addition to the original brie...

Excerpt: ...Cal.3d 311, 318.) A demurrer only tests the sufficiency of the pleadings (See Satyadi v. West Contra Costa Healthcare District (2014) 232 Cal.App.4th 1022, 1028 [in analyzing a demurrer, the court looks o nly to the fac e of th e pleadings and to matters judi cially not iceable]). 1st cause of action for wrongful death/negligence against Travis Hadden An amendment filed after the statute of limitations has run will be deemed filed as of the dat...

Excerpt: ....” (Ladd v. Cou nty of San Mateo (1996) 12 Cal.4th 913, 917.) Plaintiff has sufficiently pled facts to constitute a cause of action for negligence. “[T]he Legislature did not require of regional centers anything like the hour -by -hour monitoring that would have been requir ed to prevent Bobby's tragic death. A regional center is required to establish a “schedule of regular periodic review and reevaluation to ascertain that planned serv...

Excerpt: ...overy pro cedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Errors and confusion created by “the inept pleader” are to be forgiven if the pleading contains sufficient facts entitling plaintiff to relief. (Saunders v. Cariss (1990) 224 Cal. App. 3d 905, 908.) A party attacking a pleading on “uncertainty” grounds must specify how and why the pleading is uncertain, and where that uncertainty can be found in t...

Excerpt: ...nt cites to Janken v. GM Hughes Elec. (1996) 46 Cal.App.5th 55, 64 -65 as legal authority. In Opposition, Plaintiff contends that the Court previously found a viable claim could be pled based on Plaintiff's protected status if alleged; that the SAC pleads that Plaintiff went on medical leave on 4/23/2020, returned, and then Defendant Leano's conduct worsened when she returned (see SAC, ¶¶ 23 and 32); and the fact that a defendant is in a manage...

Excerpt: ...9;s stated cause of action. (Timberidge Enterprises, Inc. v. City of Santa Rosa (1978) 86 Cal.App.3d 873, 879- 880.) As to the first, second, third, fourth, and ninth affirmative defenses, Plaintiffs merely assert that they do not qualify as affirmative defenses because they are simply denials of elements of the causes of action in the Complaint. However, Plaintiffs provide no authority for the idea attacking specific elements of a cause of act...

Excerpt: ...y to challenge defects that appear on the face of the pleadings under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) No extrinsic evidence can be considered. (Ion Equipment Corp. v. N elson (1980) 110 Cal.App.3d 868, 881.) Therefore, the Court did not consider facts regarding the PPM or the Evertrust Loan Agreement that appear outside the allegations of the FAC in ruling o...

Excerpt: ... The opposition was to include why the Court should not sustain, without leave to amend, the demurrer to the First Amended Complaint. (See ROA 60.) Initially, the Court notes that the opposition does not have a proof of service. A proof of service of the opposition must be filed with the court. (California Rules of Court, rule 1.21(b).) Nevertheless, as a reply on the merits has been filed, the Court will address the merits of the demurrer. The...

Excerpt: ...ht $2,451.64 arising from Defendants' failure to pay the HOA assessments plus related fees and costs of suit. On 11/18/20, the parties entered into a stipulated judgment against Defendants in the amount of $5,791.74 with fees/costs to be determined. The Court awar ded $13,500 in attorney fees on 2/11/21. On 4/22/21, the Court granted a motion to set aside the judgment. The Court denied Defendants' motion to disqualify counsel on 6/10/21. The Cour...

Excerpt: ...d Faith Settlement H enkel moves for an order determining that the settlement between Henkel and Plaintiff Mischa Denton (“Plaintiff”) was entered into in good faith pursuant to California Code of Civil Procedure section 877.6. There is no precise yardstick for measuring “goo d faith” of a settlement with one of several tortfeasors. But a court must harmonize the public policy favoring settlements with the competing public policy favoring...

Excerpt: ...dence Pl aintiff asserts she has new evidence that justifies reopening the case. The problem with her argument is that a final judgment was entered in the case by Judge George, and it was affirmed on appeal, and the remittitur was issued in November 2022. Even if it were relevant, there is no showing that any of this information, evidence, or argument is new. If anything, much of it is a repeat of the arguments made previously, and specificall...

Excerpt: ...l is curre ntly set for May 6, 2024. The plaintiff never posted jury fees. Pursuant to Code of Civil Procedure section 631, subdivision (c)(2), a party demanding a jury trial must post fees within 365 days of the filing of the initial complaint if no Case Managemen t Conference is held. None was held here; therefore, plaintiff's failure to timely post fees resulted in his waiver of a jury. Defendant never posted jury fees, but it is not requesti...

Excerpt: ...ntic Richfi eld Co. (2001) 25 Cal.4th 826, 843.) “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc., § 437c, subd. (a)(1).) “Th e motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to ...

Excerpt: ...for b rea c h of implied- in-fact con tract and breach of implied -in -law contract. The Motion to Strike is DENIED as moot. As to the 1st cause of action for breach of oral contract, this claim is not sufficiently pled. “An oral contract may be pleaded generally as to its effect, because it i s rarely possible to allege the exact words.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Nevertheless, “[t]he elements of...

Excerpt: ...Act”] aff ords certain protections to elders and dependent adults.” (Winn v. Pioneer Medical Group, Inc. (2016) 63 Cal.4th 148, 152 (Winn).) “‘The purpose of the [Act was] essentially to protect a particularly vulnerable portion of the population from gross mistre atment in the form of abuse and custodial neglect.' [Citation.]” (Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 787 (Covenant Care).). The acts proscribed by th...

Excerpt: ... trial court concluded that Plaintiffs were entitled to recover attorney fees, but awarded only $198,445. Plaintiffs appealed, and the court of appeal reversed the order on Plaintiffs' motion for attorney fees for three reasons. The court of appeal held: “First, the court erred by concluding that not all Plaintiffs were entitled to recover fees. Second, the court set an hourly rate for Plaintiffs' lead counsel that was far lower than the market...

Excerpt: ...atter of cost s ….” (Bankes v. Lucas (1992) 9 Cal.App.4th 365, 369; Carpenter v. Jack in the Box Corp. (2007) 151 Cal.App.4th 454, 461, 59 Cal.Rptr.3d 839 [appeal did not divest trial court of jurisdiction to consider fees and costs].) CCP Section 998 Offers and Their Effect on Costs “ ‘ “[C]osts” of a civil action consist of the expenses of litigation .... The right to recover any such costs is determined entirely by statute.' ” (O...

Excerpt: ...(Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at p. 851.) A defendant moving for summary judgment satisfies his or her initial burden by show ing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc., § 437c, subd. (p)(2).) A ...

Excerpt: ...rior Court Probate Case No. 2023 -01346391. The court grants the request to take judicial notice of the documents but not as to the truth of the matters stated therein. (Evid. Code § 452 (d) and (h); Richtek USA, Inc. v. UPI Semiconductor Corp. (2015) 242 Cal.App. 4th 651, 658.) Plaintiff seeks further responses to the first set of form interrogatories 15.1, 17.1, 50.1, 50.2, 50.3, 50.4, 50.5, and 50.6. If a timely motion to compel has been fi...

Excerpt: ..., are seale d. Statement of Law “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be filed under seal without a cour t order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2.551(a).) “A p...

Excerpt: ... a record, the movin g party must file a motion for such relief, along with a memorandum and a declaration containing facts sufficient to justify the sealing. (CRC 2.551(b)(1).) The motion must be served on all parties, and unless the court orders otherwise, a complete copy of the document must be served on all other parties that already possess copies, along with the redacted version. (CRC 2.551(b)(2).) To grant a motion to seal, the court must...

Excerpt: ...ecificity as to the element s of active concealment and existence of a defect. Defendants also argue that Plaintiff has not alleged when or where the alleged omitted information should or could have been revealed by Ford. Defendants further argue that the allegations fail to demonstr ate any duty to disclose because there was no transactional relationship between Plaintiff and Ford and that the claim is barred by the economic loss rule. The Cour...

Excerpt: ...er now but admonishes Defendant that the future failure to comply with all applicable rules and statutes may result in a motion being denied or taken off calendar, and sanctions, where appropriate. First Cause of Action for Inducing Breach of Contract and Second Cause of Actio n for Intentional Interference with Contractual Relations Defendant argues that the first cause of action fails to plead sufficient facts showing that Plaintiff had an ong...

Excerpt: ...an element of the 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 (Aguilar).) If the defendant fails to meet this initial b urden, the plaintiff need not oppose the motion and the motion must be denied. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.) If the defendant meets its initial bu...

Excerpt: ...a motion pursuan t to Section 391.1 is filed prior to trial the litigation is stayed, and the moving defendant need not plead, until 10 days after the motion shall have been denied, or if granted, until 10 days after the required security has been furnished and the moving defendant given written notice thereof. When a motion pursuant to Section 391.1 is made at any time thereafter, the litigation shall be stayed for such period after the denial ...

Excerpt: ...establishe s an affirmative defense to that cause of action. (p) For purposes of motions for summary judgment and summary adjudication: (1) A plaintiff or cross -complainant has met his or her burden of showing that there is no defense to a cause of action if that par ty has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or crosscomplainant has met that burden, the burden shif...

Excerpt: ...;s injuries.' [Citation.] ” (PacifiCare of California v. Bright Medical Associates, Inc. (2011) 198 Cal.App.4th 1451, 1464 (PacifiCare.) The California Supreme Court in Tech -Bilt v. Woodward -Clyde & Assoc. (1985) 38 Cal. 3d 488 (Tech- Bilt), set forth the factors to consider. The fa ctors are: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocat...

Excerpt: ...ses to Special Interrogatories, Set One, and Request for Monetary Sanctions Plaintiff Colleen Curtin's unopposed Motion to Compel Defendant Alexandra Mendoza's Initial Responses to Form Interrogatories, Set One and Special Interrogatories, Set One, is GRANTED. A party's failure to timely respond to interrogatories results in a waiver of any objections to the requests. (Code Civ. Proc. § 2030.290(a).) If a party to whom interrogatories fails to s...

Excerpt: ...of ruling. Plaintiff Randell Young is ORDERED to pay to Defendants Seabreeze Management Company, Inc., Estela Alday, Heidi Speare, Eric James, Fred Olsen, and Todd Hunter sanctions in the amount of $925 (5 hours x $185 per hour in reasonable attorney's fees) within 30 days of service of the notice of ruling. Defendants Seabreeze Management Company, Inc.; Estela Alday; Heidi Speare; Eric James; Fred Olsen; and Todd Hunter are ORDERED to serve all ...

Excerpt: ... The Court further granted 252 5 Main summary adjudication of Issue 9, which sought judgment on the second cause of action for disgorgement in 2525 Main's crosscomplaint as to Pacific LLC. (ROA 207.) The first cause of action of 2525 Main's cross -complaint was dismissed on 07/14/23. (RO A 300.) Thus, the only remaining claim is 2525 Main's second cause of action against Pacific INC. On 09/28/23, the Court signed an order releasing Pacific LL...

Excerpt: ...GRANTED as follows. Code of Civil Procedure section 664.6 provides, in pertinent part: If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce...

Excerpt: ...lenged in post -trial proceedings on appeal.” (Motion; 4:8 -9.) Plaintiff's (Wen Yu Zheng) Opposition to Motion to Stay Enforcement of Judgment (Opposition), filed on 4 -10 - 24 under ROA No. 1164, states, “Gene's Motion is incomplete in that it provides no substantive reaso ns or evidence as to why the Court should take the extraordinary step of staying enforcement of judgment.” (Opposition; 3:1415.) Code of Civil Procedure section 918 st...

Excerpt: ...el arbitration und er Section 1281.2 must prove by a preponderance of the evidence that: (1) The parties entered into a written agreement to arbitrate; and (2) one or more of the claims at issue are covered by that agreement. (Code Civ. Proc., § 1281.2; Villacreses v. Molina ri (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a defense to e...

Excerpt: ...) Plaintiff argues that the arbitration agreement is both procedurally and substantively unconscionable. (See Armendariz v. Foundation Heath Psychcare Services, Inc. (2000) 24 Cal 4th 83). Unconscionability is a contract defens e used to invalidate arbitration agreements without contravening the Federal Arbitration Act or California law. (See OTO, LLC v. Kho (2019) 8 Cal.5th 111, 125.) The evidence does reflect some level of procedural unconscio...

Excerpt: ...sert the c laims due to the Divorce Decree issued by the Court of Common Pleas of Lancaster County, Pennsylvania, on September 29, 2023 (Divorce Decree). Specifically, Chartwell contends the Divorce Decree awarded the entire value of the “martial interest in Chartwe ll” to Tracy, Plaintiff's now ex -wife, and awarded Plaintiff nothing regarding the Chartwell shares. (See RJN, Exh. A, pp. 14, 18, 29.) Chartwell further contends, under New Yor...

Excerpt: ... issued its ruling on the MTQ on 10/30/23. (ROA #212.) Plaintiff Balboa Capital Corporation (“Plaintiff”) also filed and served a Notice of Ruling on the MTQ on 10/30/23. (ROA ##208, 210.) That Notice of Ruling was served via express mail, which extends the time to file a reco nsideration motion by two-court days. (Civ. Proc. Code § 1013(c).) Thus, Defendant had until 11/11/23 to file the present Motion. Instead, Defendant did not file t...

Excerpt: ...Summary A djudication “Summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc., § 437c, subd. (c).) In addi tion, “[a] party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or...

Excerpt: ...01) 25 Cal.4th 826, 850-851 (Aguilar) [burden].) 24 Hour has demonstrated it was not a party to the contract at issue. (See Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821 [elements of breach of contract include, inter alia, existence of a contract]; Korc h e m n y v. Piterman (2021) 68 Cal.App.5th 1032, 1048 (Korchemny) [a common count used in the alternative to seek the same recovery demanded in a claim for breach of contract falls...

Excerpt: ...le 3.1354, subdivision (b). Defendants' Evidentiary Objections to Plaintiff's Evidence Nos. 3, 4, 11 and 15 are OVERRULED. The court declines to rule on the remaining objections on the grounds that they are not material to the disposition of the Motion. Procedural defect: Defendants' separate statement is deficient as to the alternative motion for summary adjudication. On a motion for summary adjudication, the separate statement must tie each �...

Excerpt: ...23 Order requiring Wilshire and its former counsel, Jaime Kim, to jointly and severally pay Cross -Defendants Zenbu USA, Inc., Time Escrow, Inc., Paramount Realty and Omni Realty (collectively, “Cross -Defendants”) $5,300 in monetary sanctions related to several discovery mot ions filed by Cross- Defendants against Wilshire. As an initial matter, it is noted Wilshire did not submit an attorney affidavit of fault. Thus, relief under the manda...

Excerpt: ... by the insp ection demand. To establish “good cause,” the burden is on the moving party to show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) specific facts justif ying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial). Glenfed Develop. Corp. v. Superior Court (National Union Fire In...

Excerpt: ...nd Robert Cayton, also known as Orange County Superior Court Case Number 30 - 2012 - 00593016 -CUOE -CJC) ("Cayton Matter"). During the pendency of the Cayton Matter, but entirely unrelated to it, Plaintiff assisted the Chief Executive Officer of Defendant, Edward Clark ("Clark"), in a case involving the State Lands Commission. As a professional courtesy, any services Plaintiff provided to Clark related to Clark's case with th...

Excerpt: ...s required by the San Deigo County Superior Court. Plaintiffs HTL Hotel Advisors, Inc. and Yatish Natraj are ORDERED to pay to Defendants Shivam Patel and Kherva, LLC sanctions in the amount of $2,760 (6 hours x $450 per hour in reasonable attorney's fees and $60 in motion filing fees) within 60 days of service of the notice of ruling. Plaintiffs' counsel is ordered to pay sanctions of $2,360 (5 hours at $450 per hour + $60 filing fee and $50 t...

Excerpt: ... Code of Civil Procedure § 410.30. Said section states: (a) When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in who le or in part on any conditions that may be just. (b) The provisions of Section 418.10 do not apply to a motion to stay or dismiss the action by a defendant who has made a gener...

Excerpt: ... be true. Blakemore v. Superior Court, 129 Cal. App. 4th 36, 53 (2005). “If facts appearing in the exhibits contradict those alleged, the facts in the exhibits take precedence.” Holland v. Morse Diesel Intern., Inc., 86 Cal. App. 4th 1443, 1447 (2001). Defendant argues that the challenged allegations must be stricken because they are inconsistent and/or contradictory to the terms of the Agreement attached to the Complaint, which do not eviden...

Excerpt: ...st Calhoon, bu t both the underlying discovery requests were served on Thomas's behalf only.] Initially, the court notes Thomas timely filed a proof of service relating to both motions, but the proof is for electronic service only. Gary II is selfrepresented, and theref ore may be served electronically only if he has expressly consented to electronic service, and electronic filing does not constitute express consent to electronic service. (Code...

Excerpt: ...hree causes of action. Code of Civil Procedure section 425.16 permits a special motion to strike Strategic Litigation Against Public Participation (“SLAPP”) lawsuits. A SLAPP suit is “a meritless suit filed primarily to chill the defendant's exercise of First Amendmen t rights.” (Finton Construction, Inc. v. Bidna & Keys, APLC (2015) 238 Cal.App.4th 200, 208.) The purpose of the anti - SLAPP law is “not [to] insulate defendants fro...

Excerpt: ...inter alia, complexit y of case, skill exhibited, and results achieved. The prevailing buyer has burden of showing that fees incurred are allowable, reasonably necessary to conduct of litigation, and reasonable in amount.” (Nightingale v. Hyundai Motor America (1994) 31 Cal.App .4th 99, 104 -105.) Here, it is undisputed that Plaintiffs are the prevailing party entitled to recover fees pursuant to Civil Code §1794(d). While Defendant contends g...