Excerpt: ...med by plaintiff. (CCP 762.010, 762.050.) Any party may serve discovery. (CCP 2017.010.) Whether or not this defendant is in fact a proper party cannot be determined by a motion to strike. Plaintiff to give notice. 2. Plaintiff Ragland's motion for reconsideration of the court's 10-30-20 discovery order. Motion granted. The court finds that plaintiff has timely sought reconsideration; has shown new and/or different facts justifying reconsideratio...

Excerpt: ...ent and important supporting authority to single-spaced footnotes, which is the equivalent of filing an overlong brief without permission. For what it is worth, for this Court, the use of such lengthy footnotes results in disjointed briefs that are both difficult to follow and which obfuscate their basic arguments. Defendant's request for judicial notice (ROA 1226) is DENIED. Unpublished California Court of Appeal decisions may not be cited excep...

Excerpt: ..., the court determines if the party moving to strike a cause of action has met its initial burden to show that the cause of action arises from an act in furtherance of the moving party's right of petition or free speech. Then, if the court determines that showing has been made, the court determines whether the opposing party has demonstrated a probability of prevailing on the claim. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) Here, Plaintiff...

Excerpt: ...rporation (“LBC”), a swimwear manufacturer. The complaint alleges causes of action for (1) breach of fiduciary duty to minority shareholder, (2) breach of fiduciary duty to corporation, (3) aiding and abetting breach of fiduciary duty to corporation, (4) dissolution/sale of corporation, and (5) declaratory relief. The first, fourth, and fifth causes of action are brought directly by Plaintiff, and the second and third causes of action are all...

Excerpt: ... The elements of a negligence cause of action are “duty, breach of duty, proximate cause, and damages.” (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 892.) Peter demurs to the Complaint on the grounds that Plaintiffs have not sufficiently alleged the first element of negligence, duty of care. “[T]he lack of privity of contract does not preclude imposition of a duty of care.” (Weseloh Fam. Ltd. P'ship v. K.L. Wessel Constr. Co. (2004) ...

Excerpt: ...d Twelfth Causes of Action of Plaintiffs' (Mohammed Alsmadi, Sandra Vilchis, Mauricio Silva, Abigail Rosete, and Ariana Soto) Third Amended Complaint is OVERRULED. Plaintiffs' and Defendants' Requests for Judicial Notice are GRANTED. A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners”...

Excerpt: ...in. The elements of an IIED claim are: “(1) outrageous conduct by the defendant; (2) the defendant's intention of causing or reckless disregard of the probability of causing emotional distress; (3) the plaintiff's suffering severe or extreme emotional distress; and (4) actual and proximate causation of the emotional distress by the defendant's outrageous conduct.” The “outrageous” conduct “must be so extreme as to exceed all bounds of t...

Excerpt: ...., at p. 4.) A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” (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....

Excerpt: ... the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties. The First Amended Complaint (“FAC”) filed by VForce Inc. (“VForce”) alleges causes of action for professional negligence, breach of fiduciary duty, ...

Excerpt: ...aw will govern” by applying the “governmental interest test, which sets out a three-step inquiry: ‘First, the court determines whether the relevant law of each of the potentially affected jurisdictions with regard to the particular issue in question is the same or different. Second, if there is a difference, the court examines each jurisdiction's interest in the application of its own law under the circumstances of the particular case to de...

Excerpt: ...rted privilege objections to plaintiff's document requests, this motion involves the content of discovery responses, and the Separate Statement requirement of CRC Rule 3.1345(a) applies. Nonetheless, the court orders defendant ManaMed to comply with its agreement to provide a privilege log, as referenced in its opposition brief at 2:1-2. Plaintiff's request for monetary sanctions is denied. Defendant acted with substantial justification in connec...

Excerpt: ...ourt noted that the matter remained stayed pending completion of the arbitration. (See e.g., Minute Orders [ROA 65, 70, 86, 94, 99, 102, 107, 116].) A stay of a civil action pending arbitration constitutes a stay for purposes of section 583.340, subdivision (b). (Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.App.4th 1790, 1797; Byerly v. Sale (1988) 204 Cal.App.3d 1312, 1314; Blake v. Ecker (2001) 93 Cal.App.4th 728, 737 [“Once the trial c...

Excerpt: ...at Keith did not serve Plaintiffs Haque Dental Corporation and Trucheck Health, LLC with the motion. (Carlsen Decl., at ¶ 7.) Because there is a substantive opposition on the merits, the court exercises its discretion and will hear the motion. The court notes that litigants who choose to represent themselves must be treated in the same manner as represented parties and must follow the correct rules of procedure. (Rappleyea v. Campbell (1994) 8 C...

Excerpt: ... 787-788 [“Lack of diligence may be deemed willful in the sense that the party understood his obligation, had the ability to comply, and failed to comply. [Citation.] A willful failure does not necessarily include a wrongful intention to disobey discovery rules.”].) The 2/27/20 discovery order unequivocally orders plaintiff to produce all responsive documents to the subject requests for production within 20 days of notice, and also unequivoca...

Excerpt: ...electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit.” The parties must comply with this requirement in the future. Defendant filed an Opposition that violated California Rules of Court, Rule 3.1113 (d), which provides: “Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 ...

Excerpt: ... Services Agreement” (Complaint, Exh. A). Within 90 days after Defendant placed underwriters as potential, permanent employees with Plaintiff, they left for a competing company. Plaintiff claims Defendant knew the competitor was soliciting certain employees to work for it prior to Defendant placing them with Plaintiff and was substantially certain they would leave Plaintiff to work for the competing company. Meet and Confer: Defense counsel spo...

Excerpt: ...ging allegations for DOEs 1-30, should Plaintiffs discover they need to add another party as a DOE. (Jenkins Decl. ¶9; Exhibit "7"). Pursuant to CCP §473(a)(1), this Court may, “in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading…” Additionally, pursuant to CCP §576, “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be p...

Excerpt: ...lement agreement”, to avoid waste of limited Court time and resources. As to the Settlement 1. There is no proof of service showing the LWDA was served with this Motion. 2. The Settlement designates 80% of the settlement payment “as wages, penalties, damages and interest” and 20% to the Former Employee Settlement Fund. Settlement, at ¶55.A.i and ii. Did the parties intend to have separate percentage designated for the PAGA payment? How wil...

Excerpt: ...ction for Money Had and Received, Fifth Cause of Action for Unjust Enrichment (misnumbered the fourth cause of action in the Complaint), Sixth Cause of Action for Accounting (misnumbered the fifth cause of action), and Seventh Cause of Action for Set Aside of Fraudulent Transfer Under the Uniform Voidable Transactions Act (misnumbered the sixth cause of action) (the “Motions”). Defendants contend that each of Plaintiff's seven causes of actio...

Excerpt: ...employment was terminated due to poor work performance and Plaintiff improperly prescribing medications. MOVING PARTY'S CONTENTIONS (ROA 26): This is a wrongful termination lawsuit in which Defendant contends Plaintiff, a medical assistant, was improperly writing prescriptions to herself and a client. Plaintiff has propounded excessive written discovery to the two Defendants in the relatively simply employment lawsuit, including a total of 502 wr...

Excerpt: ...ter, on 3-19-2021, a default judgment was entered as to Defendants HB Auto AC, Inc., and Christopher Ramirez in the amount of $31,750 (ROA 35). Pursuant to CCP §473(b), this Court “may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” However, “It is the ...

Excerpt: ...he corporation. The form complaint alleges one cause of action for breach of contract against both the corporation (as signer on the agreement) and the individual defendants, as guarantors of it. (See BC-1(a) “written agreement was made between Plaintiff and MRP Creations, Inc., and was guaranteed by Stephen F. Frost, Tracey J. Frost”].) Attached to the complaint as exhibits are copies of the SBA Agreement and the guarantees. However, the fir...

Excerpt: ...ponses to (1) Form Interrogatory 15.1 as it relates to the 1st-10th, 12th-13th, 15th-17th, and 19th-25th affirmative defenses, and (2) Form Interrogatory 17.1 as it relates to Requests for Admission 1, 2, 3, 4, 6, 7, 8, 9, 11, 15, 16-19, 21, 24, and 27-77. Form Interrogatory 15.1 Plaintiff fails to respond to subsections (b) and/or (c). To the extent that Plaintiff references other documents and does not summarize the contents of the same so that...

Excerpt: ...; Neal Decl. ¶ 10.) Paragraph 18 of the Agreement states as follows: The proper venue for any proceeding at law or in equity shall be Maricopa County, Arizona. The parties hereto hereby waive any right to object to venue in Maricopa County, Arizona. “A defendant may enforce a forum-selection clause by bringing a motion pursuant to sections 410.30 and 418.10, the statutes governing forum non conveniens motions, because they are the ones which g...

Excerpt: ...A 845). On 7-28- 20 under ROA No. 864, Sumitomo Mitsui Banking Corporation (SMBC) filed a motion for reconsideration. The court granted SMBC's motion for reconsideration on 8-25-20. (ROA No. 1006.) On 8-25-20, the court set a status conference regarding this Motion on 10-2-20. (ROA No. 1006.) On 10-2-20, the court reset this status conference on 11-6-20. (ROA No. 1037.) At the status conference on 11-6-20, the court set this Motion for hearing on...