Excerpt: ... fn. 2). As noted by Plaintiff, “[s]imply because information is on the Internet does not mean that it is not reasonably subject to dispute.” (Jolley v. Chase Home Finance, LLC (2013) 213 Cal.App.4th 872, 889 disagreed with on other grounds in Lueras v. BAC Home Loans Servicing, LP (2013) 221 Cal.App.4th 49, 67). While the Complaint alleges Plaintiff was behind the LA Fitness gym located at 29400 Portola Parkway, Lake Forest, CA 92630,” and...

Excerpt: ...Covid-19 pandemic. A jury trial is set for 3/21/22. MOTION No. 1 – For trial preference: Plaintiff moves for an order specially setting this action for trial preferentially, pursuant to CCP § 36(a). Moving Party contends as follows: Plaintiff Rohangez Foroezanden is a 72 year old woman with a medical history of stroke with left sided hemiparesis, difficulty walking, Parkinson's dementia, hypertension, frequent urinary tract infections, fractur...

Excerpt: ...pecifically three US Patents for medical equipment used in diagnosing and treating eye disease (the “Diopsys Action”). Plaintiff tendered the defense of the Diopsys Action to Defendant on 2/2/17, which request was denied in writing on 8/17/17. On 10/11/17, Plaintiff requested Defendant reconsider its denial of defense and indemnity, which was again denied. Defendant declined to attend a settlement conference held in the Diopsys Action and rea...

Excerpt: ...y defendants). The original complaint alleged three causes of action for (1) assault/battery, (2) negligence, and (3) negligent infliction of emotional distress. On April 2, 2019, plaintiff filed an amendment to the complaint, identifying Doe 1 as Kaiser Foundation Health Plan, Inc. (KFHP), erroneously sued as “Kaiser Foundation Health Plans.” On May 8, 2019, plaintiff filed two additional amendments to the complaint, identifying Doe 2 as Sou...

Excerpt: ...ion; (7) harassment; (8) failure to prevent harassment; (9) wrongful termination; (10) wrongful termination in violation of public policy; (11) intentional infliction of emotional distress; (12) negligent infliction of emotional distress; (13) failure to timely provide personnel records; (14) failure to timely provide payroll and employment records; (15) breach of express and/or implied employment contract; and (15) unfair business practices. Pla...

Excerpt: ...oid. Defendant also contends plaintiff has not shown Defendant was properly served with the Initial Statement of Damages such that the default is void. Defendant further contends plaintiff's death necessarily changed the nature of the Complaint which requires that Dr. Hajj be allowed to respond, and that the court cannot allow a plaintiff to prove different claims or different damages at a default hearing than those pled in the Complaint. Under C...

Excerpt: ...er to a particular request is evasive or incomplete. [¶] (2) An objection to a particular request is without merit or too general. [¶] (b)(1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. . . . [¶] (c) “Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental response, or any specific later date to which the requesting part...

Excerpt: ...ot limited to, the following: . . . [¶] (d) Failing to respond or submit to an authorized method of discovery. . . [¶] (g) Disobeying a court order to provide discovery.” Code of Civil Procedure section 2023.030 provides, “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing...

Excerpt: ...erson Most Knowledgeable; 4. Plaintiff's Motion to Compel Deposition of Defendant Brenda Stanfield; and 5. Plaintiff's Motion to Compel Further Responses to Plaintiff's Requests for Production of Documents, Set Two. The Court DENIES Defendant, Piecemakers' Motion for Protective Order. The Court GRANTS Plaintiff's Motion to Compel Further Responses to Plaintiff's Requests for Production of Documents, Set Two. The Court GRANTS, in part, and DENIES,...

Excerpt: ...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 parties.” Perez v. Gol...

Excerpt: ..., Unfair, or Fraudulent Business Acts and Practices Business & Professions Code §§ 17200, et seq., but denies the Motion as to the second and third causes of action for Breach of Contract. Leave is given to file an amended complaint within 15-days of the hearing. “A motion for judgment on the pleadings is akin to a general demurrer; it tests the sufficiency of the complaint to state a cause of action. [Citation omitted.] The court must assume...

Excerpt: ...atters while Plaintiff was serving as a member of the board; concerns about the Association's decisions in addressing a conflict within its governing documents about how many directors the Association must have; objections to how the Association addressed the problem (by opting to not hold the 2018 election and allowing directors with unexpired terms to constitute the full board); alleged failures in presenting the issue to the Association member...

Excerpt: ...continuance to Plaintiff, the Court was unable to provide notice to Defendant because Defendant had not yet appeared. On 6/17/2020, the Court issued a Minute Order ordering Plaintiff to promptly give notice of continuance of the hearing to Defendant and to promptly file a proof of service. 6/17/2020 Minute Order. Plaintiff has not filed any proof of service showing a notice of continuance was properly served. However, on 6/18/2020, default was en...

Excerpt: ... (Griffith v. Department of Public Works, 141 Cal.App.2d 376, 296 P.2d 838.) The courts, however, will not close their eyes to situations where a complaint contains allegations of fact inconsistent with attached documents, or allegations contrary to facts which are judicially noticed. (Alphonzo E. Bell Corp. v. Bell View Oil Syndicate, 46 Cal.App.2d 684, 116 P.2d 786; Chavez v. Times Mirror Company, 185 Cal. 20, 195 P. 666.) Thus, a pleading vali...

Excerpt: ...10(3). “To state a claim for fraudulent concealment, a plaintiff must allege: ‘(1) a misrepresentation (false representation, concealment, or nondisclosure); (2) knowledge of falsity (or scienter); (3) intent to defraud, i.e., to induce reliance; (4) justifiable reliance; and (5) resulting damage.'” In re Toyota Motor Corp. Unintended Acceleration Mktg., Sales Practices, & Prod. Liab. Litig., 754 F. Supp. 2d 1145, 1189 (C.D. Cal. 2010) [Toy...

Excerpt: ...mary judgment bears the burden of persuasion 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. . . .” (Ibid.) “A prima facie showing is one that is sufficient ...

Excerpt: ...ending Motion to Amend. It does not appear that Plaintiff ever filed any Third Amended Complaint in response to the Court's 2/3/2020 Minute Order, much less one that attempts to address and remedy the defects in the pleading that were noted by the Court in its 2/3/2020 Minute Order. Nor did she provide a copy of a proposed Third Amended Complaint with this Motion. It is not clear to the Court why Plaintiff opted to file this Motion to Amend, rath...

Excerpt: ...arbor provision had been complied with – a question raised by the Court in its tentative ruling issued prior to the 6/29/20 hearing. Accordingly, the Court continued the hearing and now proceeds to rule on the merits, as follows: National's motion for monetary sanctions under CCP Section 128.7 is denied. Based on the totality of the file and record in this case, the Court does not find monetary sanctions appropriate and exercises its discretion...

Excerpt: ...antic Richfield Co. (2001) 25 Cal. 4th 826, 850.) Once the plaintiff has met its initial burden, the burden shifts to the defendant to show a triable issue as to one or more material facts or a defense thereto. The defendant may not rely on the mere allegations or denials of its pleadings, but must set forth the specific facts showing a triable issue exists. (Id. at 849.) First Cause of Action for Breach of Contract The elements of a cause of act...

Excerpt: ... to be served upon plaintiff a Notice of Deposition for Mr. Pettit, which included a request to produce fifteen (15) categories of documents. In response thereto, plaintiff asserted a number of “boilerplate” objections, coupled with an indication that it would produce whatever “non-privileged documents” it has in its possession. The deposition then went forward on 02/04/20. During that deposition, the deponent was unable to provide substa...

Excerpt: ...e Civ. Proc., §§ 473(b) (A motion for relief from default under this section “shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted...”) and 473.5(b) (The party seeking to set aside default under this section “shall serve and file with the notice a copy of the answer, motion or other pleading proposed to be filed in the action.”) Chu did not submit a c...

Excerpt: ...4 Overruled 5. Sustained, lack of foundation 6-9 Overruled. 10. Sustained, hearsay. 11. Overruled. The Defendants' motion seeks to set aside the judgment in this action and conduct a new trial. The court construes this motion as one seeking a new trial. A motion for new trial may be made under the provisions of Code Civ. Proc., §§ 656 to 663.2 and 914 in any California superior court. (Code Civ. Proc., § 655). A new trial is a re-examination o...

Excerpt: ...employee of Respondent Regional Water Quality Control Board, Santa Ana Region (“Regional Board”), and (2) the issuance of a records subpoena to the Regional Board. Petitioners' motion is DENIED in all respects. However, at the hearing, the parties should be prepared to address whether the AR should be supplemented to include documents referenced in AR116 to the extent that they are not already part of the AR. The Court additionally notes that...

Excerpt: ...1) Failure to Reimburse for Necessary Work Expenditures (Cal. Labor Code Section 2802); (2) Unfair Competition under Business & Professions Code Section 17200; and (3) Violation of Cal. Labor Code §§ 2699 et seq. Defendant seeks an order compelling some or all of plaintiff's claims to arbitration and staying whatever remains. Plaintiff does not dispute agreeing to arbitration, so the first issue to be addressed is what the court can decide unde...

Excerpt: ...(Code Civ. Proc., § 437c (q)). Probate Code section 16061.7 provides that “A trustee shall serve a notification by the trustee as described in this section in the following events: (1) When a revocable trust or any portion thereof becomes irrevocable because of the death of one or more of the settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of ...