Excerpt: ... unseal a “confidential report” filed in the underlying criminal case. This is NOT a motion to compel someone to produce a copy of that report, but merely a request to lift a seal. The precise nature or content of this report is unclear, but according to plaintiff is contains details of what Bassinne allegedly did to plaintiff. By process of elimination, this Court surmises that plaintiff must be referring to the presentencing psychosexual ev...

Excerpt: ...es: (1) what application was previously made; (2) when and to what judge; (3) what order was made; and (4) what new or different facts, circumstances or law are claimed to be shown. Code Civ. Proc. § 1008(a). A party seeking reconsideration also must provide a satisfactory explanation for the failure to produce the evidence at an earlier time. New York Times Co. v. Superior Court (2005) 135 Cal. App. 4th 206, 213. Separately, Code Civ. Proc. § ...

Excerpt: ...defendant negates any essential element of a particular cause of action. (See Cantu v Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 880.) In ruling on a demurrer, the court accepts as true the facts alleged and inferences therefrom. (Sheehan v San Francisco 49ers, Ltd. (2009) 45 Cal.4th 992, 998; Thompson v Ioane (2017) 11 Cal.App.5th 1180, 1190; Cundiff v GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1405, 125.) However, the court need not assu...

Excerpt: ...rits since it appears unlikely that requiring the parties to meet and confer would resolve the issues raised in the demurrer. Page Limits: Cross-Complainant correctly objects that Cross-Defendants exceeded the 15- page limit for a supporting memorandum. (Cal. R. Ct. 3.1113(d).) Since the excess pages contain the conclusion and signature, the court will consider the entire memorandum in support. Judicial Notice: In support of their demurrer and mo...

Excerpt: ... could, if necessary, produce additional evidence on appeal. Rule 8.278(d)(1)(C) of the California Rules of Court limits recovery of these costs to ”[t]he cost to produce additional evidence on appeal.” (Italics added.) Neither side cites controlling authority on this point and the court was unable to discover any on its own. However, the court reads this subsection to allow such costs only if additional documents were actually produced pursu...

Excerpt: ...arties, X Border Media USA, LLC (“X Boarder”) and Hong Hanh Le Dao (“Hanh Le”); 2. Since the inception of this litigation, cross-defendant, Vietface Media Group LLC (“VFMG, LLC”) has formed an additional subsidiary, S Channel, Inc. (“S Channel”), which ought to be included as a cross-defendant in this shareholders derivative suit; and 3. Ton seeks to add additional instances of breaches of fiduciaries duties to his existing claim ...

Excerpt: ... and is ordered off calendar. California courts allow great liberality at all stages of the proceeding in permitting the amendment of pleadings to resolve cases on their merits. IMO Development Corp. v. Dow Corning Corp. (1982) 135 Cal. App. 3d 451, 461. Plaintiffs are not changing the nature of this case, and their new allegations are based on the same nucleus of operative facts. The amendment would not result in any undue prejudice to defendant...

Excerpt: ..., for a total additional attorneys' fees award of $110,801.25. Plaintiff seeks $37,087.50 for the Knight Law Group, LLP, $23,655.00 for the Altman Law Group, and $13,125.00 for Wirtz Law APC. Plaintiff also seeks costs in the amount of $29,081.93. The court addresses Plaintiff's costs award in its concurrent order on Defendants FCA US LLC and McPeek's Dodge of Anaheim's motion to tax costs. For the following reasons, Plaintiff's second motion for...

Excerpt: ...emaining against Defendant is the 1st cause of action for general negligence. The Court notes that Defendant appears mistaken in believing that the second cause of action for premises liability is still at issue. The Court also notes that the motion was served on 4/13/2020. As to the remaining cause of action, the elements of a negligence cause of action are: duty, breach, proximate or legal cause of injury to Plaintiff resulting from the breach,...

Excerpt: ...e case. Even if there was, Defendant showed a legitimate, nondiscriminatory reason for the termination. (UMF 1 to 26). DENIED. There were triable issues of Nos. 16, 21, 24 & 25. There is a factual dispute whether Plaintiff was terminated, because of poor performance or assisting wife due to her illness. Arguable, Defendants terminated Plaintiff as a result of “distraction.” Issue No. 2: The Second Cause of Action for Failure to Reasonably Acc...

Excerpt: ...s an order granting issue and/or evidentiary sanctions, as follows: a. Issue sanctions ordering that it is established that Defendants have not suffered any lost profits or other damages; and/or b. Evidentiary sanctions precluding all evidence and testimony regarding Defendants' alleged lost profits and damages. (CCP§2023.030(b) and (c)). In the alternative, Plaintiff moves to compel further verified responses, without objection, to Plaintiff's ...

Excerpt: ...rty propounding the interrogatories may move for an order compelling response to the interrogatories.” On 8-26-19, Defendant/Cross-Complainant served Cross-Defendant (Brett Moore) with Defendant's “Texcaz Transborder Insurance Services, Inc.'s Special Interrogatories (Set One) to Brett Moore.” (12-12-19 Dixon Decl., ¶ 4 and Exhibit A.) Defendant/Cross-Complainant extended the time for Cross-Defendant's response to this discovery to 10-25-1...

Excerpt: ...d written notice of this hearing to the Plaintiff/MP (see Register of Action #46), but where the Defendants/RPs have not appeared in the case, the notice of hearing should have been imparted to them by the moving party for purposes of this motion. (CCP § 1005.) In addition, the Motion should be served by something other than electronic service. (see Register of Action # 37). While “notices” under the apparent settlement agreement, can be giv...

Excerpt: ...avoiding unseemly conflicts with the courts of other jurisdictions. It should also consider whether the rights of the parties can best be determined by the court of the other jurisdiction because of the nature of the subject matter, the availability of witnesses, or the stage to which the proceedings in the other court have already advanced.” (Farmland Irr. Co. v. Dopplmaier (1957) 48 Cal.2d 208, 215.) While there is overlap between this action...

Excerpt: ...avoiding unseemly conflicts with the courts of other jurisdictions. It should also consider whether the rights of the parties can best be determined by the court of the other jurisdiction because of the nature of the subject matter, the availability of witnesses, or the stage to which the proceedings in the other court have already advanced.” (Farmland Irr. Co. v. Dopplmaier (1957) 48 Cal.2d 208, 215.) While there is overlap between this action...

Excerpt: ...ssume the truth not only of all facts properly pled, but also of 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...

Excerpt: ...e 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 arbitration...

Excerpt: ...rt a cause of action for elder abuse against Defendant Carehouse Health Center (“Carehouse”). (See FAC, ¶¶ 11-13.) Specifically, the FAC fails to allege specific facts demonstrating ratification or authorization by Carehouse. As a statutory “cause of action,” elder abuse must be pleaded “with particularity.” (See Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790.) Second COA (Professional Negligence) and Fourth COA (W...

Excerpt: ...oney, whether consisting of a special fund or not, and whether payable by the appellant or another party to the action. . . . [¶] (b) The undertaking shall be on condition that if the judgment or order or any part of it is affirmed or the appeal is withdrawn or dismissed, the party ordered to pay shall pay the amount of the judgment or order, or the part of it as to which the judgment or order is affirmed, as entered after the receipt of the rem...

Excerpt: ...t 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.” CCP § 436. Further, “(a) A material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without leaving it insufficient as to that claim or defense. (b) An immaterial allegation in a pleading is any of the following: (1) An allegation that is n...

Excerpt: ... seeking damages, costs, and attorney fees remains. When a money judgment is satisfied in full, the judgment creditor must file with the court an acknowledgement of the satisfaction of the judgment. (§ 724.030.) The judgment debtor may serve a demand on the judgment creditor to comply with this requirement, and if the judgment creditor fails to do so within 15 days after receipt of the demand, the judgment debtor may file a noticed motion with t...

Excerpt: ...arties, counsel, and their agents are also directed not to disseminate the third parties' contact information, and to keep it confidential, except for disclosures as needed in the course of investigation and pursuit of this litigation. (See Puerto v. Superior Court (2008) 158 Cal.App.4th 1242, 1259; Williams v. Superior Court (2017) 3 Cal.5th 531, 559, n10.) Defendant is awarded a reduced monetary sanction of $2,900 payable by Plaintiff within 60...

Excerpt: ...1) is also DENIED. Defendants' separate statement is deficient as to the alternative motion for summary adjudication. On a motion for summary adjudication, the separate statement must tie each “undisputed material fact” to the particular claim, defense or issue sought to be adjudicated. (Cal. Rules of Ct., Rule 3.1350(b).) Here, the notice of motion seeks in the alternative, summary adjudication as to the four causes of action for wrongful de...

Excerpt: ...5/20 minute order.) Plaintiff Souzan Baaj's request for a preliminary injunction is denied. Plaintiff has not shown an injunction is warranted after weighing both “the likelihood [she] ultimately will prevail on the merits and the relative interim harm to the parties from the issuance or nonissuance of the injunction.'” (Whyte v. Schlage Lock Co. (2002) 101 Cal.App.4th 1443, 1449.) Most notably, plaintiff failed to show a sufficiently probabi...

Excerpt: ...tioner 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 arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement. (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or ser...