Excerpt: ...bitration and to Stay the Action is GRANTED as follows. The Court finds STRECKER met his initial burden of establishing an agreement to arbitrate exists between him and Plaintiffs/Cross-Defendants Mohtasham Shalikar and Maria Shalikar (collectively “SHALIKARS”). The parties executed the Legal Services Agreement and section 14 thereof contains an agreement to arbitrate “any dispute” between them. (See Strecker Decl., ¶, Exh. A, section 14...

Excerpt: ..., subd. (a)(1).) “Where a nonresident defendant challenges jurisdiction by way of a motion to quash, the plaintiff bears the burden of establishing by a preponderance of the evidence that minimum contacts exist between the defendant and the forum state to justify imposition of personal jurisdiction.” (Elkman v. Nat. States Ins. Co. (2009) 173 Cal.App.4th 1305, 1312-1313.) If there is no conflict in the evidence, “the question of jurisdictio...

Excerpt: ...016) 1 Cal.5th 376, 395- 396 [motion may strike individual “claims for relief”]; see also Mot. at p. 4:15-19 [targeting specified claims].) “An unlawful detainer action and service of notices legally required to file an unlawful detainer action are protected activity within the meaning of section 425.16.” (Newport Harbor Offices & Marina, LLC v. Morris Cerullo World Evangelism (2018) 23 Cal.App.5th 28, 45.) The complaint expressly seeks r...

Excerpt: ....App.4th 1250, 1280; accord Compl. at ¶ 19.) 1st cause of action, Civ. Code § 2924. The complaint fails to state facts sufficient to constitute a cause of action. Judicially noticeable documents show Barrett Daffin Frappier Treder & Weiss LLP was properly substituted as trustee on 5/8/19, prior to the 5/24/19 recordation of the notice of default. (See Civ. Code, § 2934a, subd. (d)(4) [“Once recorded, the substitution shall constitute conclus...

Excerpt: ...tthew Timmes (collectively, “Defendants”) oppose the motion. Plaintiff contends their dispute is subject to binding arbitration under identical “Dispute Resolution” provisions in the two subject construction contracts—one relating to construction work at Mr. Glasser's residence (the “Residential Agreement”) and the other relating to construction work at a restaurant (the “Restaurant Agreement”). The provisions state: “DISPUTE ...

Excerpt: ...any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.” (Bus. & Prof. Code § 17200.) California's false advertising law ) Bus. & Prof. Code § 17500) is equally comprehensive within the narrower field of false and misleading advertising. (Kwikset Corp. v. Superior Court (2011) 51 Cal.4th 310, 320.) While the substantive reach of these statutes remains expansive, California's elector...

Excerpt: ... truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (See Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) A demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the pleading but is directed at the uncertainty existing in the allegations actually made. (People ...

Excerpt: ...ndants' Demurrers to the Second Amended Complaint are overruled in part as moot and sustained in part with 15 days leave to amend. (Code Civ. Proc., § 430.10(e).) Ruling Motion 3: Defendant Boll's Demurrer to the Second Amended Complaint is sustained with 15 days leave to amend. (Code Civ. Proc., § 430.10(e).) A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (See ...

Excerpt: ....1 contains a subdivision that expressly preserves nonfinal claims. Under subdivision (q), “Notwithstanding any other provision of law, any claim for damages described in paragraphs (1) through (3), inclusive, of subdivision (a) that has not been litigated to finality and that would otherwise be barred as of January 1, 2020, because the applicable statute of limitations, claim presentation deadline, or any other time limit had expired, is reviv...

Excerpt: ...rocedure section 1008. In addition, Plaintiff does not show new or different facts, circumstances, or law to support a motion for reconsideration. Code Civ. Proc., § 1008. In addition, the relief Plaintiff seeks cannot be addressed with a nunc pro tunc order. A nunc pro tunc correction is proper if it reflects the court's intention in entering the original order and does not “alter the meaning or legal effect of the original decree.” Estate ...

Excerpt: ...f more limited relief.” Zellerino v. Brown (1991) 235 Cal.App.3d 1097, 1107. The “sole remedy for relief from waiver in the context of discovery is contained within the provisions of the Act and it cannot rely upon the provisions of section 473.” Scottsdale Ins. Co. v. Superior Court (1997) 59Cal.App.4th 263, 274–275. The motion was also made under the appropriate statutes, which are similar. Code Civ. Proc., § 2030.290 (a) provides that...

Excerpt: ... considered on its merits. A plaintiff meets its burden on summary judgment by proving each element of each of its causes of action. CCP § 437c(p)(1). If a plaintiff does so, the burden then shifts to the defendant. Here, the motion is unopposed. Even though there is no opposition, the court must still determine that Defendant met its burden of proof.  As one appellate court explained in Mosley v. Pacific Specialty Insurance Company (2020) 4...

Excerpt: ...uction, nos. 34-45; and (iv) Requests for admission, nos. 26-28. The Court rules as follows: (i) Motion denied as to nos. 77 and 78; otherwise granted. (ii) Motion granted. (iii) Motion granted. (iv) Motion granted. Sanctions of $11,550 are awarded to Defendant against Plaintiff. Motion to Compel Further Responses to Special Interrogatories A party may move to compel further responses to interrogatories on the grounds that the answer is evasive o...

Excerpt: ...ced records confidential and use them for this litigation only. The parties have resolved their disputes except as to Categories #3-6. (See Zins decl. Ex. F at pp. 3-5.) Category 3, Physical or Mental Health. Plaintiff has tendered his mental and physical health in this matter. (See Evid. Code §§ 996, 1016; Vinson v. Superior Court (1987) 43 Cal.3d 833, 839-840; see also FAC ¶¶ 11 & 18.) Category 4 & 6, Misconduct and Performance Evaluations....

Excerpt: ...r Breach of Implied and Express Warranty Defendants contend the breach of warranty claims are subject to demurrer because there is no privity between Defendants and Plaintiffs. (Dem. at 2.) There generally is no question that privity is required for a breach of implied warranty claim. U.S. Roofing, Inc. v. Credit Alliance Corp. (1991) 228 Cal.App.3d 1431, 1441 (citing Burr v. Sherwin Williams Co. (1954) 42 Cal.2d 682, 695–696; Osborne v. Subaru...

Excerpt: ...tion's (PBPA) motion to compel depositions as follows: 1. Plaintiffs and Cross-Defendants Floyd Chodosh, Sue Eicherly, Ole Haugen, Rodger Kane, Jr., Myrle Moore and Todd Peterson are ORDERED to sit for their depositions remotely by no later than February 19, 2021. PBPA is not required to re-notice their depositions to compel their attendance. 2. As to the document requests included in the January 7, 2021 notice of deposition, the Court rules as f...

Excerpt: ...vidual or as a class representative. Defendant contends in the demurrer that plaintiff Antigua Cantina lacks standing to pursue relief because it is a dissolved corporation. In the motion for judgment on the pleadings, defendant contends that plaintiff lacks standing because any interests it had in the pending dispute were transferred to the Chapter 7 trustee after it filed for bankruptcy protection. Plaintiff concedes one, but not the other. Sep...

Excerpt: ...able issues of fact as to UMF #2, 4, 5, 6, 7, 14, 18, 21, 22, 23, 25, 28 and 29. Defendants claim plaintiff loses this case because he cannot prove the underlying claim for personal injuries. Defendants claim the alleged underinflated helmet was not the cause of his concussion and resulting difficulties and therefore the fact defendants failed to file a governmental claim within the period of limitations is of no consequence. Defendants argue the...

Excerpt: ...g a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.” (CCP § 1048(b).) Between the City's complaint, the defendant Developers' cross-complaint, and real party Cardenas's cross-complaint, there are over 25 causes of action at issue in this matter, with some ...

Excerpt: ...tions are untimely. Plaintiffs served their responses to the remaining subject form interrogatories via email on 8/4/20, and it is these responses that remain at issue in these motions. (See ROA No. 102– Balladares Decl. ¶ 3, Ex. B; ROA No. 81–Balladares Decl. ¶ 3, Ex. B; see also ROA Nos. 103, 82 [separate statements regarding form interrogatories].) Plaintiffs' responses to these interrogatories consisted of multiple objections and, witho...

Excerpt: ...s set for August 6, 2021 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual claims asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP §1281.2. Plaintiff does not dispute entering into the agreement, and makes no claims ...

Excerpt: ...ary value in determining personal jurisdiction. (See Mihlon v. Superior Court (1985) 169 Cal.App.3d 703, 710.) Plaintiff's complaint is unverified and therefore is not evidence to establish jurisdictional facts. Plaintiff fails to present any evidence to support general jurisdiction over Defendant. Even if a nonresident defendant's “contacts” with California are not sufficient for general jurisdiction, the defendant may still be subject to ju...

Excerpt: ...d. In 2018, Plaintiff retained Defendant to represent her as a plaintiff in a lawsuit against Michael Goguen. In connection with her retention of Defendant, Baptiste and Defendant entered into a written Attorney-Client Fee Agreement. The Fee Agreement provided Defendant would be paid on a contingency basis. Baptiste made the $525,000 deposit required by the Fee Agreement, and Defendant began its representation of Baptiste in 2018. Plaintiff alleg...

Excerpt: ...retion, at any later time upon terms it deems proper. (Code Civ. Proc., § 425.16, subd. (f).) This statute permits a motion against an amended complaint if it could not have been brought earlier, but to prohibit belated motions that could have been brought earlier. When more than 60 days have passed since service of the original complaint, a special motion to strike may be brought only against causes of action that were not pled in the original ...

Excerpt: ...n the evidence presented, that the settlement is fair, adequate, and reasonable. The purpose of the requirement is to protect class members whose voices may not have been heard by the negotiating parties. Luckey v. Superior Court (2014) 228 Cal.App.4 th 81, 93. The trial court has broad discretion to determine whether the settlement is fair. Some of the factors to consider include:  the strength of plaintiffs' case;  the risk, expense, comp...