Excerpt: ...o defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the case of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or defense thereto. The defendant or cross-defendant shall not rely upon the allegations or deni...

Excerpt: ...Plaintiff seeks attorneys' fees pursuant to California Labor Code §§ 218.5 and 1194(a). Plaintiff seeks $31,600 in fees for Attorney Alexander's work, $2,062.50 in fees for Paralegal Acosta's work, and $6,860.75 in costs. Plaintiff does not seek a multiplier. A. Attorneys' Fees Defendants do not contest that Plaintiff is the prevailing party or that Plaintiff is entitled to an award of attorneys' fees. Rather, Defendants argue that Plaintiff sh...

Excerpt: ...demurrer to the cross-complaint (Exhibit 3); and (4) this court's October 17, 2019 tentative ruling on cross-defendants' demurrer to the cross-complaint (Exhibit 4). This court will take judicial notice of its tentative rulings and documents filed in this litigation (Exhibits 1, 3-4). (Evid. Code, § 452, subd. (d).) The court denies judicial notice of the letter/quote (Exhibit 2). Evidence Code section 452, subdivision (h) provides that judicial...

Excerpt: ...(1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the...

Excerpt: ...ullerton (“plaintiff” or the “City”) pursuant to Code of Civil Procedure §425.16, the “anti-SLAPP” statute. The second is a request by the City for an injunction prohibiting defendants from: (1) deleting, altering, or destroying documents from 20 Dropbox folders, (2) publishing or disseminating those documents, and (3) downloading data or further accessing City networks without permission. These motions - especially the second - have...

Excerpt: ...ewart Drive, Orange CA 92868-4225; 4. Custodian of Records for Saint Joseph Hospital of Orange/Radiology, 1100 West Stewart Drive, Orange CA 92868; 5. Custodian of Records for Hoag Memorial Hospital/Medical, One Hoag Drive, P.O. Box 6100, Newport Beach, CA 92658; 6. Custodian of Records for Hoag Business Center/Billing, 2975 Red Hill Avenue, Suite 200, Costa Mesa, CA 92626; and 7. Custodian of Records for Hoag Memorial Hospital/Radiology, One Hoa...

Excerpt: ...6) 48 Cal.App.4th 976, 978–79.) Each case presents its own facts and circumstances, but the court will usually consider the following: (1) timeliness of the motion: i.e., whether granting consolidation would delay the trial of any of the cases involved, or whether discovery in one or more of the cases has proceeded without all parties present; (2) complexity: i.e., whether joining the actions involved would make the trial too confusing or compl...

Excerpt: ...as to the medical diagnosis and prognosis of any party.” (Code Civ. Proc. § 36.5.) The attorney's declaration can consist entirely of hearsay and conclusions. (Fox v. Sup.Ct. (Metalclad Insulation LLC) (2018) 21 Cal.App.5th 529, 534.) Thus, the objections are overruled. Code Civ. Proc. § 36(a), permits a party who is over 70 years of age to petition the court for trial preference, which the court must grant if it makes both of the following f...

Excerpt: ..., consequently, “when plaintiff woke after 2 a.m.to use the restroom as she started for it, she hit the door with her head and then fell backward, slamming down onto the back of her head.” (See Prem. L-1 of Complaint). Defendant filed an answer to the complaint on November 26, 2019. Plaintiff seeks an order from the Court, pursuant to CCP § 36, setting trial within 120 days of this hearing. Analysis: CCP § 36(a) states as follows: A party t...

Excerpt: ... (Aguilar).) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.) If a defendant fails to meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.) If the defendant meets this initial burden, ...

Excerpt: ...ough its principal Jay Wilton purchased a 2012 Ferrari, VIN ZFF73SKA1C01860029 for $160,000.00. On 11/16/19, Jay Wilton passed away, leaving most of his assets to his son, Plaintiff Brandon Wilton, including ownership of Plaintiff Wilton Partners, which owned the Vehicle. On 12/19/19, Plaintiff Brandon began receiving e-mails from Defendant Tracii Show Hutsona claiming that Jay had sold the Vehicle to Defendant Elite Lux Life, LLC on 08/29/19 for...

Excerpt: ... that the first cause of action for Violations of ICRAA, Cal. Civ. Code § 1786, et seq. fails to state facts sufficient to state a cause of action as it does not state that defendant's failure to comply did not result in a more favorable investigative consumer report. Defendant does not establish this is an element that must be pled by plaintiff. Rather, this is an affirmative defense for defendant to assert as it presumes a failure by defendant...

Excerpt: ... the 3 rd, 4 th, and 7 th COAs is that is that they are superseded by the CUTSA. However, UTSA does not displace noncontract claims that, although related to a trade secret misappropriation, are independent and based on facts distinct from the facts that support the misappropriation claim (Angelica Textile Services, Inc. v. Park (2013) 220 Cal.App.4th 495, 506, as modified (Oct. 29, 2013), as modified on denial of reh'g (Nov. 7, 2013).) Here, in ...

Excerpt: ...laint. [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. Golden Empire Transportation Transit District (2012) 209 Cal.App.4 th 1228, 1238, provi...

Excerpt: ...position to the Demurrer is 21-pages. The Court will disregard any pages past the 15-page limit. Request for Judicial Notice: Defendants' Requests for Judicial Notice of Exhibits A-K are GRANTED, pursuant to Evidence Code section 452(d), however, the Court takes notice of the existence of the documents, only, and not Defendants' characterization of the same, within the Requests. Demurrer: As to whether the Court lacks jurisdiction based on the Ba...

Excerpt: ...tion of inability to comply is inadequate, incomplete, or evasive. [¶] An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with both of the following: [¶] (1) The motion shall set forth specific facts showing good cause justifying the discovery sought by the demand. [¶] (2) The motion shall be accompanied by a meet and confer declaration. [¶] (c) Unless notice of this motion is gi...

Excerpt: ...(“Related” or “defendant”) contends the first COA, for Violations of the Investigative Consumer Reporting Agencies Act (“ICRAA”), Cal. Civ. Code § 1786, et seq. fails to state facts sufficient to state a cause of action as it does not state that defendant's failure to comply did not result in a more favorable investigative consumer report. Defendant does not establish this is an element that must be pled by plaintiff. Rather, this is...

Excerpt: ...neous exchange” of a list of expert witnesses the parties “expect” to call as expert witnesses at trial. (Code Civ. Proc., §§ 2034.210(a), 2034.260(b).) Section 2034.300 provides that a party who has timely and completely engaged in the initial expert exchange may object and seek to exclude the expert opinion of any witness offered by any other party who has failed to: (a) list that witness as an expert under section 2034.260; (b) submit ...

Excerpt: ... 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, may impose the following sanctions against anyone engaging in conduct that is a misuse of the discovery process: . . . [¶] (d) The court may impose a...

Excerpt: ...�] (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and [¶] (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. [¶] (b) A separate declaration must accompany the motion and must specify: [¶] (1) The ef...

Excerpt: ...trial date, or to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. [¶] (b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any matter relevant to the leave requested, including, but not limited to, the following: [¶] (1) The necessity and the reasons for the discovery. (2) The diligence or lack of dil...

Excerpt: ...e or necessary. (Foothill-De Anza Comm. College Dist. v. Emerich (2007) 158 Cal.App.4 th 11, 29; Wagner Farms, Inc. v. Modesto Irrigation Dist. (2006) 145 Cal.App.4th 765, 773-74.) The party challenging costs does not meet this burden by arguing that the costs were not necessary or reasonable, but must present evidence and prove that the costs are not recoverable. (Seever v. Copley Press, Inc. (2006) 141 Cal.App.4 th 1550, 1557; see also Wagner F...

Excerpt: ...e of service of written notice of entry of judgment or dismissal, or (3) 180 days after entry of judgment. (CRC 3.1700(a)(1); Daniels v. Robbins (2010) 182 Cal. App. 4th 204, 228.) The memorandum must include a supporting declaration affirming that the costs were reasonable and necessarily incurred. (CRC 3.1700(a)(1).) If the items in the cost bill appear on their face to be proper (by comparing the cost bill to the list of recoverable costs in C...

Excerpt: ... certain 911 calls and a missing person report of Camden Nicholson, and (3) confessions, witness statements and physical evidence. By agreement, plaintiffs have withdrawn the deposition subpoena for the cell phone. As such, only the depositions subpoenas for the 911 calls/missing person report and confessions, statements and physical evidence are at issue. City contends that the information and documents sought are part of the investigate police ...

Excerpt: ...on” or “Trucking Corporation R” with the same counsel, the McNeil Tropp firm. The Court will ask its counsel to address the correct name of this party as well as to make any appropriate corrections of the name in the record. Motion to Consolidate The Court GRANTS the Motion to Consolidate the cases of Hernandez v. Guzman, 2019- 1079884, with Brown v. Valleguzman, 2019-1097580, for purposes of discovery and for trial. However, the cases will...