Excerpt: ...ntiffs have failed to plead their claims for fraud and negligent misrepresentation with the requisite particularity. Defendants also contend that Plaintiffs' cause of action for intentional infliction of emotional distress (“IIED”) fails because: (1) Plaintiff's purported mental ailments as alleged in the SAC do not rise to the level of “severe emotional distress” necessary to establish an IIED claim; (2) Plaintiffs have failed to plead s...

Excerpt: ...f the Keefe Family 2006 Trust are GRANTED as to Trilogy, the Langenwalter Family Revocable Living Trust, and the Keefe Family 2006 Trust and CONTINUED to March 25, 2021 as to David E. Keefe, individually and Richard D. Langenwalter, individually. The remedy of attachment is wholly statutory, its scope and procedure are limited by the statutes, and these statutes are strictly construed., i.e. unless specifically provided for by the attachment law,...

Excerpt: ...rior Court as Family Law Case No. 18D006202 (the “Divorce Case”). (See Complaint, ¶¶ 1- 4.) Plaintiff's Complaint alleges that during their representation of Ms. Krafve, Defendants hired a paralegal, Bernadette Ratti (“Ms. Ratti”) who was previously employed by Plaintiff's counsel and who had substantively worked on Plaintiff's case and obtained confidential information regarding Plaintiff's position(s) in connection therewith. Plaintif...

Excerpt: ...ring on the face of the pleading or from other matters properly subject to judicial notice. (See 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, 1404-1405.) The general and special demurrers to the Third Cause of ...

Excerpt: ...e Corporation, The Ryan Firm, and Timothy T. Ryan, for: (1) violation of usury law; (2) professional negligence; (3) declaratory relief; (4) intentional interference with prospective economic advantage; (5) breach of the implied covenant of good faith and fair dealing; (6) fraud/deceit; (7) negligent misrepresentation; (8) negligence; (9) violation of CC §§ 2924 and 2924f; (10) civil conspiracy; (11) slander of title; (12) IIED; (13) accounting...

Excerpt: ...ns. Second cause of action for fraud The statute of limitations defense may be asserted by general demurrer if the complaint shows on its face that the statute bars the action. Mitchell v. State Dept. of Public Health (2016) 1 Cal.App.5th 1000, 1007. However, “the defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows merely that the action may be barred.” Id.; see, Marshall v. Gib...

Excerpt: ...dants converted personal property and misappropriated trade secret information. A Mandatory Settlement Conference is scheduled for 1/21/22, and trial is set on 2/28/22. Analysis: PLEASE NOTE: The complaint alleges acts, commonly known as “birth tourism,” which could constitute violations of 18 U.S.C. § 1001, 18 U.S.C. § 371, and possibly other penal statutes. The Court invites the parties to address at the hearing whether or not this case s...

Excerpt: ...7-1538 (A court may properly exercise its discretion to consider new evidence on reply that filled in gaps in the evidence created by the opposition); Alliant Ins. Services, Inc. v. Gaddy (2008) 159 Cal.App.4th 1292, 1308 (“[T]rial court had discretion whether to accept new evidence with the reply papers.”). Defendant/Cross-Complainant Azzur of CA, LLC (“Azzur of CA”) and defendant Azzur Group, LLC (“Azzur Group”) (collectively, “De...

Excerpt: ...end they hired NCEC, a general contractor, to, among other things, demolish and install new floor tile, install baseboards, perform deck waterproofing, and perform several other repairs or actions. In exchange, Plaintiffs would pay NCEC over $100,000. Plaintiffs later discovered the decking waterproofing was not completed in the manner agreed upon and some of the work was not completed at all. The complaint consists of the following causes of act...

Excerpt: ...cts/Overview: This is a judicial foreclosure action. The various Defendants own and operate a total of 18 properties located primarily in Laguna Peach, but also include parcels located in Los Angeles, and Redlands. The properties are improved with hotels, event spaces (including Laguna Arts Festival grounds), office, mixed use, apartments, condominium units, and land for future development. The 18 properties are comprised of two multifamily struc...

Excerpt: ... County of Orange (dismissed on 11/12/19) for: (1) wrongful death [three counts] and dangerous condition of public property. The complaint alleges that Sylvia Mehl [“Decedent”] was struck and killed in a crosswalk in Lake Forest by a vehicle owned by defendant Romos Transport, Inc. and driven by defendant Cordero-Garcia. Plaintiffs allege that defendants Baldwin & Sons, Inc. and Landsea Homes of California, Inc. operated a construction site i...

Excerpt: ...to care for at a given residence. Plaintiff was not provided mandated rest breaks and was not given reasonable accommodations for sleeping while not working. On 08/14/19, Plaintiff complained to Family First about the unlawful working conditions, failure to provide required rest and meal periods, and failure to pay minimum wage. Defendant retaliated against plaintiff by removing her from the work schedule. Defendant Family First terminated Plaint...

Excerpt: ...er inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. Injunctive relief Health and Safety Code, section 1430, subdivision (b) provides, in pertinent part, as follows: A current or former resident or patient of a skilled nursing facility, as defined in subdivision (c) of Section 1250, or intermediate care facility, as defined...

Excerpt: ...l. Civ. Proc. Code § 396b. The moving party must overcome the presumption that the plaintiff has selected the proper venue. (Mitchell v. Superior Court (1986) 186 Cal.App.3d 1040, 1046, 231 Cal.Rptr. 176.) Thus, “[i]t is the moving defendant's burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds.” (Ibid.) In opposing the motion to change venue, “[t]he plaintiff may bolster his or her c...

Excerpt: ... Before Trial (The Rutter Group 2018) ¶ 9.53.1a.) Liu has not shown that Exhibit C (discovery in this case) is judicially noticeable. This Motion is timely. This Motion takes issue with one allegation in the FAC in the General Allegations section of the pleading, which is generally incorporated into the causes of action: Plaintiff is informed and believes, and thereupon alleges, that defendant Noh then made motion, of which Sam Kim seconded and ...

Excerpt: ...ivil Procedure section 340.5. A demurrer based on a statute of limitations will not lie where the action may be, but is not necessarily, barred…In order for the bar…to be raised by demurrer, the defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows that the action may be barred.” (Committee for Green Foothills v. Santa Clara County Board of Supervisors (2010) 48 Cal.4 th 32, 42....

Excerpt: ... seems sound: Plaintiff alleges facing retaliation at work, after obtaining the 2014 judgment, which found discrimination by the City's officers against plaintiff (based on the plaintiff's race). The hiring of the new police chief in 2017 following the apparent completion of the appeals process in 2017, would be relevant to the City's attempt to remediate the discrimination in the workplace. This can be relevant to the claims of failure to preven...

Excerpt: ...700; Daniels v. Robbins (2010) 182 Cal.App.4th 204, 228. The memorandum must include a supporting declaration affirming that the costs were reasonable and necessarily incurred. CRC 3.1700(a)(1). If the items in the cost bill appear on their face to be proper (by comparing the cost bill to the list of recoverable costs in CCP §1033.5), the verified memorandum of costs is prima facie evidence of their propriety. The burden then rests with the part...

Excerpt: ... absence of an agreement for recovery of fees or specific statutory provision, attorneys' fees generally are not recoverable by the prevailing party in a lawsuit. Trope v. Katz (1995) 11 Cal. 4 th 274, 278-79. Accordingly, in the absence of a basis for recovery, Plaintiff's prayer for attorneys' fees is subject to being stricken. Such basis must appear on the face of the pleading or by matters that may properly be judicially noticed. Code Civ. Pr...

Excerpt: ... the federal constitution. (Cal. Prac. Guide: Civ. Proc. Before Trial ¶ 3:198 (Rutter Group 2019); see, e.g., BNSF Ry. Co. v. Tyrrell (2017) 137 S.Ct. 1549, 1554, 1558.) Here, general jurisdiction is not proposed. For a court to exercise specific jurisdiction over a party, the suit must arise out of or relate to his contacts with the forum; and the defendant's suit-related conduct must create a substantial connection with the forum state. (Brist...

Excerpt: ....3, 405.30, 405.31, 405.32, 405.33, 405.38.) “At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice. . . Evidence or declarations may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any or...

Excerpt: ...an 10 days late. Code Civ. Proc., § 1005(b). Plaintiff explains he intended to request a continuance at the 2/8/21 hearing and hoped Defendants would stipulate to a continuance, but these explanations do not demonstrate “good cause” for his tardiness or disregard of procedural rules. Although Plaintiff is representing himself, his pro per status does not entitle him to any special treatment. Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984–...

Excerpt: ...s supported by a separate statement (ROA 29) regarding the disputed deposition questions and responses, in which Plaintiff invoked his Fifth Amendment privilege no less than 121 times in refusing to answer questions seeking discoverable information regarding WCCT's actual or potential bases for terminating Plaintiff's employment, i.e., matters which Plaintiff himself placed at issue in this litigation in alleging wrongful termination without caus...

Excerpt: ...ban Commons, LLC, Taylor Woods, Howard Wu & Andrew Murray Ruling Motion 1: Defendants' Motion to Compel Arbitration is DENIED. Procedural Defect: Defendant failed to follow the procedural requirements to move to compel arbitration. “A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract.” Freeman v. State Farm Auto Ins. Co. (1975) 14 Cal.3d 473, 480. Code Civ. Proc., § 1281.2 provides t...

Excerpt: ...iled the following motions against Defendant Conny Bergstrom as a result of her failure to serve discovery responses: (1) Motion to Compel Responses to Form Interrogatories; (2) Motion to Compel Responses to Special Interrogatories; (3) Motion to Compel Production; and (4) Motion to Deem Facts Admitted. After the motions were filed, responses were ultimately served, rendering the motions largely moot. However, Plaintiff has requested sanctions ag...