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: ...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: ... (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: ...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: ...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: ..., 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: ...fs seek summary adjudication of the following issues: 1. Defendant's wage statements violate Labor Code § 226 in two ways. First, the wage statements do not list the number of piece-rate units earned and the applicable piece rates. Second, the wage statements improperly state an employee's “Hourly Pay” (defined below) rather than the regular rate of pay. 2. Defendant improperly calculates the regular rate of pay for overtime purpose in two w...

Excerpt: ...ate facts which “show how, when, where, to whom, and by what means the representations were tendered.” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 641.) The elements for a claim for promissory fraud are: (i) misrepresentation; (ii) knowledge of falsity; (iii) intent to induce reliance; (iv) actual and justifiable reliance to Plaintiff's detriment; and (v) damages as a result. (Id., at p. 638.) Here, Plaintiff fails to allege detrimental r...

Excerpt: ...xhibits A and B to the conditionally sealed notice of lodging (ROA 102). (Although the motion is signed only by Plaintiffs' counsel, the notice of motion states that “the parties move” for a sealing order. See ROA 101 at p. 1.) In a subsequently filed notice of errata (ROA 106), the parties also ask that the Mangan Declaration (ROA 98) be permanently sealed, and that it be replaced in the public file with a redacted declaration attached to th...

Excerpt: ...fy the “aggrieved” employees. In Khan, the plaintiff's LWDA notice “expressly applied only to him” and “suggested only an individual violation”. Khan, 19 Cal.App.5th 804 at 809. Here, plaintiff's notice was not so limited. The cover letter sent to the LWDA (attached as Exhibit A to plaintiff's First Amended Complaint) specifies that counsel represents plaintiff “and other aggrieved employees” and states that defendant failed to pa...

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 ...

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: ...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: ...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: ...nt of $435,300.00 (ROA 465). (CCP § 1032(a)(4).) Thus, the questions here are (1) whether the CCP § 998 Offer to Compromise (“Offer”) served by Plaintiff on 4/17/17 in the amount of $100,000 to defendants Rubalcava and Lupercio jointly (McClaugherty Dec., ¶ 3.) is valid; and (2) whether the costs claimed are proper, reasonable and necessary. Whether the Offer is Valid and Reasonable? Defendant challenges the Offer on several grounds: (1) i...

Excerpt: ...time in its discretion, and may consider a motion to strike on the merits even though the motion was filed after a defendant has filed its responsive pleading. (Code Civ. Proc. § 436; CPF Agency Corp. v. R&S Towing (2005) 132 Cal.App.4th 1014, 1020-1021.) The Court thus exercises its discretion and considers the merits of the motion. To support exemplary damages, the complaint must allege facts of defendant's oppression, fraud, or malice, as req...

Excerpt: ... belief that defendant Mark Starr was a resident of Westchester, New York, and that defendant Hunting Ridge, Inc., was a corporation with its principal place of business in Westchester, New York. The complaint alleges that Johnson is an avid car collector who saw an Internet advertisement for a 1972 Porsche 911 RS Carrera Tribute with only 12,716 miles on it— what he described as a rare find—offered for sale by Huntington Ridge Motors. Johnso...

Excerpt: ... fact of the filings and the results reached. (Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 882). Cross-Defendant brings this Motion for Summary Judgment and/or Adjudication, asserting Cross-Complainant cannot establish damages to support its claims. After reviewing the evidence, the Court finds the majority of Cross-Complainant's requests for damages are barred by collateral estoppel. The doctrine of...

Excerpt: ... Cal. App. 3d. 494, 501 (finding that the trial court properly sustained the demurrer to the fifth cause of action without leave to amend because it “contains, by necessary implication, all of the allegations of each of the preceding four alleged causes and thus adds nothing to the complaint by way of fact or theory of recovery”); Award Metals, Inc. v. Superior Court (1991) 228 Cal.App.3d 1128, 1134-1135 (claims for negligence and intentional...

Excerpt: ...n”), Farzin Hassanzadeh, Banoo Taat, and MNTS, Inc. (collectively “plaintiffs”). The Court GRANTS the Moving Defendants' Request for Judicial Notice as to Exhibits 1, 2, and 5 through 12 as court records pursuant to Evidence Code section 452(d). The Court GRANTS the Request for Judicial Notice as to Exhibit 3 containing a grant deed; and as to Exhibit 4 containing a settlement agreement, pursuant to Evidence Code section 452(h). Although th...

Excerpt: ...ratory relief. Plaintiff alleges as follows: He and defendant were involved in a romantic relationship. On 9/21/15, they purchased a property as joint tenants. Eventually, the parties broke up, and defendant abandoned the property. Plaintiff severed the joint tenancy and changed the locks on the property. Plaintiff has since been making the payments on the property. An answer and cross-complaint were filed on 8/29/19 by defendant / cross-complain...

Excerpt: ...nd other spend management services.” Plaintiffs allege that they were improperly classified as independent contractors and were therefore deprived of wages, commissions, and full reimbursement of travel and other out of pocket expenses. Plaintiffs filed their complaint on 7/26/19 against Defendants Lyndon Group, LLC and Kenneth Jones. Defendant Jones is alleged to be the alter ego of Lyndon Group. Plaintiffs filed their operative First Amended ...

Excerpt: ...0/1/12, Plaintiffs Michael Colaco and Inet Airport Systems, LLC filed a complaint against Defendants Cavotec S.A., fka Cavotec MSL Holdings Ltd. (hereinafter “Cavotec”), Cavotec Inet US Inc. (hereinafter “Cavotec Inet”), Stefan Widegren and Ottonel Popesco for: 1. Fraud in the Inducement 2. Breach of Contract 3. Breach of the Implied Covenant of GFFD 4. Declaratory Relief 5. Declaratory Relief-Resignation 6. Unjust Enrichment 7. Violation...

Excerpt: ...Procedure section 437c, subdivision (q). The court OVERRULES Objection No. 44. Plaintiff's Objections to Declaration of Stephanie Bonin filed on 2-11-20 under ROA No. 116: The court SUSTAINS Objection Nos. 1, 2, and 3. Plaintiff's Objections to Declaration of Susan Artes filed on 2-11-20 under ROA No. 117: The court SUSTAINS Objection Nos. 1, 2, and 3. Plaintiff's Objections to Declaration of Dana Smith filed on 2-11-20 under ROA No. 118: The cou...

Excerpt: ... records. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564.) The Court issued its ruling on the preliminary injunction by minute order dated 12-17-19 and Notice of Ruling on same was served on 12-20-19 by mail. This Motion, however, was not filed until 2-3-2020—far beyond the 10-day limitation set forth in section 1000(b). Even a motion filed one-day beyond the 10-day limitation is grounds for denial. (See Wiz Tech., Inc. v. Coopers & Lybrand...