Excerpt: ...t, on or before the last day or his or her time to plead or within any further time that the court may for good cause allow, may service and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her . . .” Defendant argues that the motion is not untimely for two reasons. First, Plaintiff's delay in filing service of process makes the serv...

Excerpt: ...ation of territorial market areas and to provide security and to clarify the relations between manufacturers and their nonemployee sales representatives. Civ. Code § 1738.10. “The Legislature intended [the Act] to safeguard only nonemployee ‘middle-men' sales representatives dealing with wholesale goods.” Reilly v. Inquest Tech., Inc. (2013) 218 Cal. App. 4th 536, 546. The Act “specifically exclude[s] from coverage salespersons and retai...

Excerpt: ...f. (¶21-¶22 of Dawson Declaration and Exhibit A thereto). Attached as Exhibit A to the Dawson Declaration is a “Dispute Resolution Agreement” wherein Plaintiff and Defendant Fletcher Jones Motor Cars, Inc. agreed “to utilize binding individual arbitration to resolve all disputes that might arise out of or be related in any way to [Plaintiff's] employment by the Dealership.” (See §1 of Exhibit A to the Dawson Declaration). Additionally,...

Excerpt: ...agree, it is superfluous.” (Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, 352.) “If the allegations do not go beyond the statement of a mere contract breach and, relying on the same alleged acts, simply seek the same damages or other relief already claimed in a companion contract cause of action, they may be disregarded as superfluous as no additional claim is actually stated.” (Careau & Co. v. Security Pacific Business Credit, Inc. ...

Excerpt: ...9, &c.) and personally served. (See Code Civ. Proc., § 527.6, subd. (i).) A request filed on the proper forms will be routed to Dept. C66. In addition, the complaint fails to state facts sufficient to constitute a cause of action for civil harassment. (Code Civ. Proc., § 430.10, subd. (e).) “Harassment” is a limited term of art. It includes only “unlawful violence, a credible threat of violence, or a knowing and willful course of conduct ...

Excerpt: ...lusions of fact or law.” The court “also consider matters that may be judicially noticed.” Association for Los Angeles Deputy Sheriffs v. County of Los Angeles (2021) 60 Cal.App.5th 327, 274 Cal.Rptr.3d 493, 498. Request for Judicial Notice: Plaintiff's Objection to the Request for Judicial Notice is GRANTED, except for the truth of the matters stated in the documents. The existence and legal effect of documents in a court file are subject ...

Excerpt: ...ier action growing out of the same transaction and between the same parties is a ground for abatement of the second action.” (Id. at 574). “The defendant may assert the pending action as a bar either by demurrer, or, where fact issues must be resolved, by answer.” (Id.). “In either case, where the court determines there is another action raising substantially the same issues between the same parties, it is to enter the interlocutory judgm...

Excerpt: ...ia McCaughey: This Defendant was Defendants MBSB Legacy LP's agent. The Complaint did not allege any misconduct on her part. On the breach of contract claim, she was not a party to the contract. “Normally, the agent will not be liable on a written contract made in the name of the principal. (See Rest.3d, Agency § 6.01(2).)” 3 Witkin, Summary of California Law, 11th Agency § 207 (2021). On the tort causes of action, there was no allegation o...

Excerpt: ... To be sure, fraudulent intent must often be established by circumstantial evidence…. if plaintiff adduces no further evidence of fraudulent intent than proof of nonperformance of an oral promise, he will never reach a jury.” (Tenzer v. Superscope, Inc. (1985) 39 Cal.3d 18, 30-31; see Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Assn. (2013) 55 Cal.4th 1169, 1183.) However, this is generally a matter of proof and evidence...

Excerpt: ...d Pierrette Semaan, Individually and as Trustees of The Semaan Family Trust UDT dated June 9, 2006's Complaint from Unlimited Jurisdiction to Limited Jurisdiction is DENIED. Code of Civil Procedure section 403.040, subdivision (b) provides: “If a party files a motion for reclassification after the time for that party to amend that party's initial pleading or to respond to a complaint, cross-complaint, or other initial pleading, the court shall ...

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 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing 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. (“CCP”), § 437c(p)(2).) The ...

Excerpt: .... 1.) Defendant BMW NA is not a signatory to the Contract. Federal Arbitration Act (“FAA”) Applies: The FAA “applies where there is ‘a contract evidencing a transaction involving commerce.'” (Allied-Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 277 [quoting 9 USC § 2] [emphasis in original].) It is undisputed that the FAA applies here. A court's role in considering a petition to compel arbitration under the FAA is limit...

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: ...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: ...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 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: ...med related to Stewart v. Arconic Global Fasteners & Rings, Inc, OCSC No. 18-968137, which is currently pending in CX-103, and (2) transferred to CX-103. The alternative request for a stay is GRANTED, but this ruling is without prejudice to being reconsidered following transfer of this case to CX-103. Defendants' unopposed request for judicial notice is GRANTED. Defendants are reminded that unpublished California Court of Appeal opinions may not ...

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: ...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: ...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: ... 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) ...