Excerpt: ..., where the basic meaning is clear, the responding party must appropriately respond. (See Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783, superseded by statute on other grounds as stated in Guzman v. General Motors Corp. (1984) 154 Cal.App.3d 438, 444.) To the degree the scope of the inquiry is the maintenance performed at the entire Disneyland park, this may draw fair objections to the relevance and breadth. Presumably, however, the definitions...

Excerpt: ...r pro hac vice as counsel for Defendants Toyota Motor Sales, U.S.A., Inc., Toyota Motor Manufacturing Kentucky, Inc., Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc. and Tustin Toyota is GRANTED. II. Motions to Quash Plaintiffs move to quash eight subpoenas. The subpoenas are directed to four companies: Bunim-Murray Productions, Inc.; MTV Networks Enterprises, Inc.; Viacom International Studios, Inc. and W G...

Excerpt: ...ars of the incident. (See Code Civ. Proc., § 335.1 [statute of limitations for personal injury action is 2 years].) Defendant plead as an affirmative defense that the action was barred by a 1-year limitations period contractually agreed to at the time the residential lease was signed by plaintiff. Initially, the court notes the lease provision may be misleading. For example, the lease agreement does not state that the statutory limitations perio...

Excerpt: ... “to contest the wrongful judgment.” But the only extant document in the file is the clerk's rejection. (RAO 190.) Fan made several other requests to bring her claims as to the alleged wrongfulness of the judgment to the court's attention, but they were all rejected by the clerk's office for noncompliance with the Rules of Court. On March 26, 2021, Fan filed a motion to vacate what she termed a “wrongful” judgment. (ROA 205.) Apparently, ...

Excerpt: ... within the time granted him by the Court pursuant to its February 3, 2021 Minute Order. Whether the FAC Was Timely Filed. On February 3, 2021, the Court granted NATIONSTAR'S motion for judgment on the pleadings with 20-days leave to amend. (See 2/3/21 M.O., ROA 84.) NATIONSTAR contends that Plaintiff's deadline to file the FAC was February 24, 2021 based on the Court's February 3, 2021 Order. In Opposition, Plaintiff contends it had until March ...

Excerpt: ...dant represented that the product had characteristics, uses, or benefits it did not have (3) plaintiff was harmed; and (4) the harm resulted from Defendant's conduct. CACI 4700. Here, the allegations contained in the Complaint at paras. 1, 6-7, 10, 11, 13, & 14 are sufficient to state a claim against MBUSA for violations under the CLRA. To prove reliance, it is enough for the plaintiff to prove the representation was a substantial factor in the p...

Excerpt: ...on. Moving Defendants contend that the first cause of action does not allege facts showing an inadequate remedy at law, and that specific performance is not allowed where remedies at law, such as monetary damages, are available. They also contend that the fourth cause of action is not pleaded with the requisite specificity as to any misrepresentation and resulting damages. Plaintiffs Alex Paleo (“Paleo”) and Ivan Valdez (“Valdez”) (collec...

Excerpt: ...ishi,” dated 3-30-13. (See Balladares Decl. at Ex. A [RISC].) A nonsignatory seeking to enforce an arbitration agreement bears the burden to establish standing to enforce the agreement. (Jones v. Jacobson (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 Defendant. The arbitration agreement explicitly requires onl...

Excerpt: ...Skype Inc. (2013) 220 Cal.App.4th 217, 225.) In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) A de...

Excerpt: ... actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (See also Murillo v. Fleetwood Enterprises, Inc. (1998) 17 Cal.4th 985, 990 [same].) In Warren v. Kia Motors America, Inc. (2018) 30 Cal.App.5th 24, 35-36 (internal quotation marks omitted), the appellate court described Section 1794(d): The plain wording of section 1794, subdivision (...

Excerpt: ...alleges that on 3/24/18, he was using the restroom at TJ Maxx in Tustin when he slipped and fell on a puddle of water that was leaking from a toilet, causing him to sustain serious injuries. On 1/3/19, TJ Maxx answered the first amended complaint. On 5/17/19, plaintiff filed an amendment to complaint, identifying Doe 1 as Kellermeyer Bergensons Services, LLC. On 8/8/19, Kellermeyer Bergensons Services, Inc. (KBS) filed an answer to complaint. On ...

Excerpt: ...ion for Negligent Supervision of Construction fails to establish facts sufficient to constitute a cause of action against Defendants. The claim is without legal merit. 4. That Plaintiffs are not entitled to any judgment against Defendant Mario Crivello, individually Facts/Overview: This is a construction defect action arising from work done by defendants on plaintiffs' residence between December 2016 and June 2017. Plaintiffs claim the work was d...

Excerpt: ... Facts/Overview: This is a personal injury action involving a fall from an access door. Plaintiff was a student at Chapman University attending a mandatory concert on campus on 4/23/16. Her then boyfriend, defendant Adam Joseph Greenlow, convinced plaintiff to join him on the roof of the concert hall (Musco Center For The Arts) to drink some beer, which they accessed via a trap door. After they accessed the roof, the door closed and locked, leavi...

Excerpt: ...omplete 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 demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.) If a defendant fails to meet this initial burden, the plaintiff need not o...

Excerpt: ...ary judgment bears the initial 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 ...

Excerpt: ...policy limits. The original complaint was filed on 04/15/19, and the operative verified First Amended Complaint was filed on 04/17/19 by Plaintiffs Exir Co., Inc. and Abraham Mourshaki against Defendant Mid-Century Insurance Company. The FAC alleges Causes of Action for: (1) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (2)-(5) Insurance Bad Faith. Following an unsuccessful demurrer, Defendant answered the FAC on 11/14/19. Se...

Excerpt: ... granted Plaintiff leave to file an additional 7 pages for the opening brief, providing for 22 pages total. (ROA 301.) In this case, Plaintiff's opening brief here is 32 pages (not 22 pages). California Rules of Court, Rule 3.1113, subdivision (g), provides that an over length brief shall be treated the same as a late filed brief (i.e., the court has discretion not to consider the brief pursuant to CRC 3.1300(d), though if the court refuses to co...

Excerpt: ...fically provides that attorney's fees and costs, which are incurred to enforce 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 attorney's fees in addition to other costs. [¶] Where a contract provides for attorney's fees, as set forth...

Excerpt: ...or summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. . . .” Pursuant to Code of Civil Procedure section 437c, subdivision (h), Plaintiff (Banir Ganatra), requests a continuance of this Motion. Pl...

Excerpt: ...red in late September 2020 that Plaintiff had engaged in similar fraudulent conduct with other third parties and is the subject of other pending lawsuits by third parties. This, however, does not constitute “new” “facts” or “circumstances” which “could not, with reasonable diligence, have been discovered and produced at the time of the prior motion” as required. (See Forrest v. State of California Dept. of Corporations (2007) 150 ...

Excerpt: ...her Nature Trust) filed a First Amended Complaint. On 7-17-20 under ROA No. 241, Defendant—United Lender, LLC filed a Notice of Removal to Bankruptcy Court related to the bankruptcy case involving Defendant—Helping Others International, LLC (Debtor). Based on this Notice, the court stayed the proceedings in this action. (7-21-20 Minute Order.) The First Amended Complaint (FAC) alleges that the Debtor was the buyer of the Subject Property (647...

Excerpt: ... factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred 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...

Excerpt: ...year from the making of the contract.” (White Lighting Co. v. Wolfson (1968) 68 Cal. 2d 336, 343.) The fact that Plaintiff did not allege any employment contract not capable of being performed within a year is immaterial. Defendants' Answer alleges that “some” of the contracts alleged in the Complaint are subject to the statute of frauds. Defendants' are entitled to assert this defense. Further, the statute of frauds can apply to stock agre...

Excerpt: ...of the discovery process include, but are not limited to, the following: . . [¶] (d) Failing to respond or submit to an authorized method of discovery. . . . [¶] (g) Disobeying a court order to provide discovery.” Code of Civil Procedure section 2023.030 provides, “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or ...

Excerpt: ...ntempt are DENIED. Plaintiff moves to compel production of documents in response to Plaintiff's subpoenas on AMCO Insurance Company and Nationwide Mutual Insurance Company. The subpoenas are identical in the documents they seek, specifically the following twelve categories: (1) activity logs between 12/2/16 and the present relating to the Riptide Claim (Claim Key: 7204PE6883500723201451); (2) documents and communications between 7/1/4 and the pre...