Excerpt: ...caylar Decl., ¶ 7, Ex. A, p. 5.) A party seeking to compel arbitration pursuant to Code of Civil Procedure section 1281.2 must plead and prove (1) the existence of a written arbitration agreement and (2) that the other party has refused to arbitrate. (Code Civ. Proc., § 1281.2; Mansouri v. Sup. Ct. (Fleur Du Lac Estates Ass'n) (2010) 181 Cal.App.4th 633, 640-641.) Code of Civil Procedure section 1281.2 requires the court to order arbitration pu...

Excerpt: ...adings.” Hutton v. Fidelity National Title Co. (2013) 213 Cal.App.4th 486, 493. (Emphasis original). In the First and Second Causes of Action, Plaintiff alleged that “Defendants negligently, carelessly and recklessly owned, entrusted, managed and maintained their premises as to allow a dangerous condition to exist.” (GN-1 & Prem. L-1). Plaintiff has been consistent in asserting this theory. The fact that there might be possible additional t...

Excerpt: ...6. Open book Moving Party contends as follows: Plaintiff has established each element of a claim for breach of contract. Defendant applied for and was issued a credit card by Wells Fargo Bank (UMFs 1 and 6.) Defendant understood that plaintiff would extend credit to defendant and defendant was to repay the principal amount plus interest and finance fees (UMFs 2 and 7). The parties understood plaintiff would send defendant a statement of the accou...

Excerpt: ...panied by a meet and confer declaration under Section 2016.040. (Code Civ. Proc., § 2017.020(a).) Section 2016.040, in turn, requires a supporting meet and confer declaration to “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” The meet and confer requirement is designed “to encourage the parties to work out their differences informally so as to avoid the necessity fo...

Excerpt: ...TJ Maxx) alleging two causes of action for (1) negligence and (2) premises liability. This is a slip and fall personal injury action. Plaintiff 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, ide...

Excerpt: ...units on the property. Zuckerman formed San Jacinto Z, LLC (“SJZ”) to handle the development. In Dec. 2003, SJZ acquired the property from Saba and Grantham, which led to a series of lawsuits. Attorneys Saba and Grantham agreed to provide SJZ with legal services to resolve title and lien issues concerning SJZ's property. According to Saba, in July 2005 he and Grantham withdrew from their representation due to a conflict of interest, after fil...

Excerpt: ...ge that defendant CalOptima improperly refused to authorize medically necessary treatment to decedent due to cost. A Mandatory Settlement Conference is scheduled for 9/23/22, and a jury trial is set on 10/24/22. Defendant demurs to the 1 st C/A for breach of covenant of good faith and fair dealing on the ground of failure to state facts sufficient to constitute a C/A (CCP § 430.10(e)).f Analysis: Meet and confer: MP attorney's declaration attest...

Excerpt: ...on of this motion to compel pursuant to Code of Civil Procedure section 1281.4, and, if the motion to compel is granted, to stay the action until conclusion of the arbitration. Facts/Overview: This is a wrongful constructive discharge / harassment action. Plaintiff contends he was employed by defendant as a law clerk. He claims during the course of his employment he was subjected to violent assaults, threatened with guns and sexually harassed. He...

Excerpt: ...ly 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.4 th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the par...

Excerpt: ...f 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, its allegations must be liberally construed, with a view to substantial justice between the parties.” P e r e z v...

Excerpt: ...perly 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.4 th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the ...

Excerpt: ...t one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. . . .” Code of Civil Procedure section 437c, subdivision (f)(1), provides, in part,...

Excerpt: ...ied Defendants' Motion. (7- 21-20 Minute Order.) The court did not adopt its tentative ruling and set the Motion on 9- 22-20 for the parties to provide supplemental briefing as to authentication and evidentiary issues. (7-21-20 Minute Order.) On 9-22-20, the court exercised its discretion to conduct an evidentiary hearing. (9-22-20 Minute Order.) The court conducted this hearing on 11-23-20 and 12-18-20. (11-23-20 and 12-18-20 Minute Orders.) The...

Excerpt: ...o be entitled to relief, the defendant has the burden of showing the neglect was excusable: i.e., that the default could not have been avoided through the exercise of ordinary care. [Jackson v. Bank of America (1983) 141 CA3d 55, 58—“the acts which brought about the default must have been the acts of a reasonably prudent person under the same circumstances”]. The party moving for relief on the basis of “mistake, inadvertence, surprise, or...

Excerpt: ...oves to quash Plaintiff's Stars and Bars, LLC subpoena to Nationwide Mutual Insurance Company or, in the alternative, for an unspecified protective order re: the subpoena. The subpoena seeks twelve categories of documents including activity logs relating to the Riptide Claim; documents regarding payments made under the Riptide Claim, releases executed in connection with the Riptide Claim, documents between Nationwide and third parties regarding t...

Excerpt: ...respond.” (Code Civ. Proc., § 2031.280, subd. (a).) It is insufficient to merely label the documents by Bates number in response to separately propounded interrogatories. (See van Loben Sels decl., Ex. B.) Plaintiff shall pay $2340 in discovery sanctions to defendant. (See Code Civ. Proc., § 2031.310, subd. (h); see also Amaro decl. ¶ 22.) The motion was timely filed and served within 45 days after plaintiff provided verifications on 10/5/20...

Excerpt: ...al Notice is denied as irrelevant. On August 13, 2020, Plaintiff served her Notice of Taking Defendant Yong Hans' Deposition, for Defendant's deposition to be continued to October 28, 2020. (Ma Decl., ¶19). Defendant failed to appear for his deposition. (Ma Decl., ¶ 22). On November 13, 2020, Plaintiff sent out another deposition notice for a December 2, 2020 deposition. (Ma Decl., ¶ 23). Again, Plaintiff did not appear for his deposition. (Ma...

Excerpt: ... the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact e...

Excerpt: ...s matter was set for March 8, 2021. However, on February 16, 2021, the Court granted Defendants Andrew Messiha, M.D. and Pain Medicine Associates' unopposed ex parte application to continue trial. At that time, the Court continued the 3/8/21 trial date to 6/7/21 and specifically ordered, “All discovery, expert, and trial related dates and deadlines will be based on the continued trial date.” Accordingly, the Court finds this motion to be time...

Excerpt: ...ssory note underlying Plaintiffs' complaint was usurious in violation of the California Constitution. Code of Civil Procedure section 426.30(a) states, “Except as otherwise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cross- complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any ...

Excerpt: ...eld; (3) he suffered an adverse employment action, such as termination, demotion, or denial of an available job, and (4) there is a suggestion of discriminatory motive. Wallace v. County of Stanislaus (2016) 245 Cal.App.4th 109, 130; Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 355; see also CACI 2500. Defendant contends Plaintiff has not alleged an adverse action as he has not been demoted or terminated, or something equally definitive. CACI ...

Excerpt: ...tate, LLC (“PML”) only. Plaintiff seeks dissolution of PML, an LLC he co-founded with Le in 2011. Plaintiff alleges the purpose of PML was “to purchase commercial property to be leased to business owners as tenants.” PML's Operating Agreement (“OA”) was executed in 2012 and is attached as Exhibit A to Plaintiff's First Amended Complaint (“FAC”). Under the OA, Plaintiff was Secretary of PML with a 49 percent membership interest, an...

Excerpt: ...ct (9th Cir., 2016) 823 F.3d 1011.) On the merits of Plaintiffs/Petitioners' claims, they have failed to show a likelihood of success on the merits. (See Fleishman v. Superior Court (2002) 102 Cal.App.4th 350.) Plaintiffs'/Petitioners' arguments are based upon a claim that the requirement that successful bidders for a City of Anaheim project agree to be bound by its Community Workforce Agreement violates the Privileges and Immunities Clause of th...

Excerpt: ...le. A court may order a record to be filed under seal only if it expressly finds facts establishing: 1. There exists an overriding interest that overcomes the right of public access to the record; 2. The overriding interest supports sealing the record; 3. A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; 4. The proposed sealing is narrowly tailored; and 5. No less restrictive means exist...

Excerpt: ...ed expert consultant, specifically employing the services of the OCSD. Rebecca Latta is a certified arborist and tree risk assessor, with 28 years of experience in horticulture, arboriculture and water management for municipal, utility, residential and commercial properties. Review of her cv suggests that the bulk of her expert services manifest in site inspections and written opinions, though she has “provided 3 depositions and testified in 2 ...