Excerpt: ...431, 1438- 39.) The purpose of the requirement is to encourage the parties to work out the differences informally, to reduce the unnecessary expenditure of resources on litigation, and to reduce the burdens upon the court. (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1293.) The particular effort required in each situation depends on the circumstances. Among the factors considered are the breadth of the discovery demands, whether there is an im...

Excerpt: ...oprietary information readily available to the public. In the alternative Intersect moves for summary adjudication on four issues which will be discussed if necessary. A. Some Procedural History Because both the moving party (Intersect) and responding party (Plaintiff) cite to Plaintiff's procedural history in the United States District Courts before filing the current action in this Court, the following procedural background is provided. On Apri...

Excerpt: ... granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review.”]) Mojtaba Sean Taat's Evidentiary Objections (ROA 557) Objections 1 – 4 – OVERRULED Merits By the 17th COA, which is alleged by Mojtaba Sean...

Excerpt: ...the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” [Morgan v. Sup.Ct. (Morgan) (1959) 172 CA2d 527, 530] Initially, there is no argument whatsoever by Defendant Dr. Phan that Plaintiffs' motion is either untimely or that granting the motion will r...

Excerpt: ...to allege any “material” violations of these code sections as required. Civil Code section 2924.12 states, in pertinent part, as follows: “(a)(1) If a trustee's deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material violation of Section 2923.55, 2923.6, 2923.7, 2924.9, 2924.10, 2924.11, or 2924.17.” Here, the Complaint fails to allege that the violations of Civil Code sections 29323...

Excerpt: ...n remained. The court granted summary judgment in favor of Defendant on 2/13/20, (ROA 165), and entered Judgment accordingly on or about 3/19/20, (ROA 177). By this motion, Defendant requests an award of $192,263 in attorneys' fees, as the prevailing party under an agreement with an attorneys' fees provision. Attorneys' fees are allowed as costs to the prevailing party when authorized by contract, statute, or law. (Code Civ. Proc. § 1033.5, subd...

Excerpt: ... either of the following: (A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. (B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith.” Declaration of J...

Excerpt: ... unclear whether the demurrer challenges the First Cause of Action for Breach of Express Warranty. The Notice of Demurrer provides that it is being brought against “Plaintiff's second cause of action for breach of express warranty,” (Notice, 1:25), and the Memorandum states that “Defendant HMA brings this demurrer to Plaintiff's Complaint for the following causes of action: (1) second cause of action for breach of implied warranty, (2) thir...

Excerpt: ...ially certain that battery would result from his/her conduct. (CACI 1320; Ashcraft v. King (1991) 228 Cal.App.3d 604, 613.) Here, Plaintiff has made only conclusory assertions as to MP's alleged knowledge of bedbug infestation when Plaintiff stayed there. The only actual “fact” asserted as to such knowledge is that “other guests who had stayed at the Subject Property prior to Plaintiff's stay complained to Defendant's employees specifically...

Excerpt: ...onstitutes a cause of action. (People v. Superior Court (Cahuenga's the Spot) (2015) 234 Cal.App.4th 1360, 1376.) A complaint need only meet fact-pleading requirements, which requires a statement of facts constituting a cause of action in ordinary and concise language, and should allege ultimate facts that, as a whole, apprise defendant of the factual basis of the claim. (Code Civ. Proc. §425.10(a)(1); Navarrete v. Meyer (2015) 237 Cal.App.4th 1...

Excerpt: ...disparaged. The elements of a cause of action for slander of title are: “(1) a publication, (2) which is without privilege or justification, (3) which is false, and (4) which causes direct and immediate pecuniary loss.” (Manhattan Loft, LLC v. Mercury Liquors, Inc. (2009) 173 Cal.App.4th 1040, 1051.) “The main thrust of the cause of action is protection from injury to the salability of property [citations], which is ordinarily indicated by ...

Excerpt: ...ogatories, and Requests for Production. The mater was continued from 12/17/20 to permit supplemental briefing from the parties regarding the supplemental responses to Special Interrogatories and Requests for Production served by defendants and the issue of sanctions to the mooted Motion for Further Responses to Requests for Admission. The court rules as follows: Sanctions Re: Requests for Admission Contrary to defendants' representation that the ...

Excerpt: ...Parties request summary adjudication as to the following: 1. That NEGAR ASHOURI, M.D. at all times complied with the requisite standard of practice in the community in providing professional healthcare services to BRONSON KELLY from October 2016 through March 2017. 2. That no act or failure to act by NEGAR ASHOURI, M.D. caused or was a substantial factor in causing any injury or harm to BRONSON KELLY, from October 2016 through March 2017, includi...

Excerpt: ...nd ¶79-¶80 of FAC). While an earlier allegation indicate that $140,621.58 is owed by Defendants, it is unclear if this number refers to the amount owing on the Promissory Note or amounts owed due to oral loan agreements. (¶30 of FAC). Moreover, this allegation is contradicted by an attached exhibit, which purports to detail all transactions between the parties. (¶31 of FAC and Exhibit 1). The court further notes that the payments listed withi...

Excerpt: ...te (which was secured by the first Deed of Trust) and guarantees. (See ¶8 and the First, Second and Third Causes of Action). Additionally, per the Complaint, a Subordination Agreement was executed, which subordinated the first Deed of Trust to the second. (¶32-¶33 of Complaint). Based on the above, the first Deed of Trust is a sold out junior, and C.C.P. §580d does not apply to bar the First Cause of Action. (Black Sky Capital, LLC v. Cobb (2...

Excerpt: ...ion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that...

Excerpt: ...ed a writ of attachment against Respondent Rogerson Kratos in the amount of $440,308.14. The instant motion was originally set for hearing on 11/18/20 and was continued to 12/3/20 at the request of newly-retained defense counsel. [See ROA No. 59 (11/18/20 minute order).] The 12/3/20 hearing was again continued to today's date, and the Court ordered in part: “Respondent may file an opposition brief regarding the C.C.P. 1288 jurisdiction issue pu...

Excerpt: ...ers stated the wrong zip code for City's counsel. Moghaddam v. Bone (2006) 142 Cal.App.4th 283, 288 (“[F]ailure to use the correct zip code invalidates what would have otherwise been sufficient notice.”) Subject to City's objection regarding service, the Court rules as follows. Plaintiff's request for a continuance pursuant to Code of Civil Procedure section 437c, subdivision (h) is denied. Plaintiff's affidavit did not show facts essential t...

Excerpt: ...nd supervised Roe, and that it was aware of prior incidents by Roe sexually assaulting women in the course and scope of his job as a patrol officer. Plaintiff's governmental claim was denied on 10/25/18, and on 04/17/19, Plaintiff filed her complaint against Defendants CHP and Roe. The complaint alleges causes of action for: (1) Negligence; (2) Negligent Hiring / Supervision / Training; (3) Sexual Harassment; (4) IIED; (5) Sexual Battery; (6) Vio...

Excerpt: ... responses to Plaintiff ALEXANDER DE YOUNG's First Set of Requests for Production # 2-5, 10-14, 17-18, and 22-25 Facts/Overview: As of 11/20/20, the following two cases have been consolidated for all purposes: 1. Alexander De Young, et al. v. Budget Truck Rental, LLC, et al., Case No. 30-2019- 01102980. On 10/7/19, plaintiffs Alexander De Young, individually and as successor-in-interest to The Estate of Neale De Young, and Joel De Young commenced...

Excerpt: ...an order quashing Defendant Rose Lynda Dilag's Deposition Subpoena for Production of Business Records issued to Plaintiff's former employer, Iqbal Abdullah (or “Easy Clean”). Moving Party contends as follows: This case arises out of an automobile accident that occurred on May 21, 2016, wherein Plaintiff sustained injuries. Initially, Plaintiff presented a wage loss claim. However, at her June 26, 2019, deposition, Plaintiff waived her wage lo...

Excerpt: ... Kolodny is the former attorney of plaintiffs Kimberly Jones and 150 Newport Center Drive, LLC (collectively, “Plaintiffs”), and that Barnes & Thornburg is his law firm. Defendants argue Plaintiffs have waived the attorney-client privileged based on Chicago Title Ins. Co. v. Superior Court (1985) 174 Cal.App.3d 1142. However, Chicago Title does not support a finding of waiver here. Unlike the attorney in Chicago Title, Kolodny and his law fir...

Excerpt: ...y or the defendant may move the court for an order, upon notice and hearing, requiring the plaintiff to furnish security as hereinafter provided. The motion shall be based upon one or both of the following grounds: [¶] (1) That there is no reasonable possibility that the prosecution of the cause of action alleged in the complaint against the moving party will benefit the limited liability company or its members. [¶] (2) That the moving party, i...

Excerpt: ...¶ 6 and Exhibit B): The deposition subpoena directed to Goldome Warehouse Lending requests, “Any and all records of any kind of type whatsoever pertaining to Victor Hung-Ki Loo aka Victor H. Loo aka Victor Loo. DOB: April 06, 1978, SS#: Unknown. And Titan Mutual Lending, Inc. (NMLS# 1604483).” As noted in the court's 9-16-20 Minute Order, “Defendant testified, ‘. . . our first ability to be able to lend comprises of three items. . . You ...

Excerpt: ...Procedure section 1281.2, states, in part, “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arb...