Excerpt: ...njunction is denied is greater than ‘the [interim] harm the [opposing party] is likely to suffer if the . . . injunction is issued.' [Citations.] These two showings operate on a sliding scale: ‘[T]he more likely it is that [the party seeking the injunction] will ultimately prevail, the less severe must be the harm that they allege will occur if the injunction does not issue.' [Citation.] [¶] Although preliminary injunctions are generally des...

Excerpt: ...n Research Institute v. Alnor (2008) 165 Cal.App.4th 1315, 1321. “The moving party has ‘the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates.'” ComputerXpress, Inc. v. Jackson (2001) 93 Cal.App.4th 993, 1020. Reasonable Billing Rate: “The reasonable hourly rate is that prevailing in the community for similar work.” PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095. “The tr...

Excerpt: ..., Case Number 30-2018-01014579. (Evid. Code, § 452(d).) Demurrer based on Standing: The FAC alleges Plaintiff and Defendants entered into an oral agreement according to the terms of which Defendants agreed to, in exchange for valuable consideration, design, manufacture and install bridges and veneers for Plaintiff's daughter, Ms. Bond. (FAC, Attachment BC-1.) The FAC adequately alleges facts demonstrating that Plaintiff, as a contracting party, ...

Excerpt: ...n dispute, however, this court must assume 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 allegation...

Excerpt: ... [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, provides, �...

Excerpt: ... cause of action alleged in the complaint. [¶] (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” Eckler v. Neutragena Corporation (2015) 238 Cal.App.4 th 433, 439, states, “ ‘A motion for judgment on the pleadings serves the function of a demurrer, challenging only defects on the face of the complaint.' [Citation.]' As with a demurrer, ‘[t]he grounds for a motion for judgment on t...

Excerpt: ...y of Kern v. T.C.E.F., Inc. (2016) 246 Cal.App.4th 301, 315. In deciding whether to issue a preliminary injunction, the trial court weighs two interrelated factors: (1) the likelihood that the moving party will prevail on the merits at trial; and (2) the relative balance of interim harms that are likely to result from the granting or denial of preliminary injunctive relief. Ibid. Generally, weighing these factors lies within the broad discretion ...

Excerpt: ...a used vehicle. (See Civil Code §§ 2981.9, 2982(a)(1)(L), (r), 2982.2(a)(1)(B) and Editor's Notes in West's Code Annotation; see Vehicle Code § 11713.21(b).) These statutes appear to be interrelated and create statutory rights and obligations in connection with the purchase and sale of the used vehicle. Appellate courts have applied § 1632's translation requirement to the seller duties within the Automobile Sales Finance Act. (See, e.g., Reye...

Excerpt: ... implied, the elements for breach of contract are: (1) parties capable of contracting, (2) mutual consent, (3) a lawful object, (4) sufficient cause or consideration, (5) plaintiff's performance or excuse for failure to perform, (6) defendant's breach, and (7) damage. Civil Code §§ 1550, 1605; Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.App.4 th 437, 453. Precision or in haec verba is not required, nor is attaching the actual contract if in ...

Excerpt: ... however the Exhibit, Declaration of John O. Messereau is only considered for the purpose of determining whether defendant complied with the provisions of C.C.P.§ 430.1. The 1 st and 2 nd causes of action, Strict Liability and Negligence, are preempted pursuant to the provisions of Civ.Code § 896 (“The Right to Repair Act”). The 3 rd cause of action (Nuisance) is not preempted by the Act as same is premised on an alleged violation of statut...

Excerpt: ...-complaint against the plaintiff in an action commenced under Title 7 (commencing with Section 1230.010) of Part 3. (b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross- complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) assert...

Excerpt: ...) 138 S.Ct. 1612, 1622.) [FAA preserves “‘generally applicable contract defenses,” including unconscionability]; Armendariz v. Foundation Health Psychcare Services (2000) 24 Cal.4 th 83, 114 [same]; Ramos v. Superior Court of San Francisco County (2018) 28 Cal.App.5th 1042, 1055, 1063 [same].) Plaintiff showed the agreement is procedurally unconscionable as an adhesion contract and condition of employment. (See Armendariz, supra, 24 Cal.4th...

Excerpt: ...D. A deposition subpoena that commands only production of business records for copying need not be accompanied by an affidavit or declaration showing good cause for the production of the records designated by it. CCP §2020.410(c) It appears that a third party may timely object to production, meaning on or before the production is due. Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4 th 123,128 A motion to compel production of business records...

Excerpt: ...Defendants' employees address, telephone number, social security number, driver's license, employment history, education, references or professional and technical qualifications may be disclosed at this time. Plaintiffs' request for monetary sanctions is DENIED since the motion was not brought in bad faith and defendants' position was substantially justified. Defendants objected to all categories of documents sought in the subpoena on the followi...

Excerpt: ...forth below. This is Hooper's second attempt to set aside the default judgment first entered against him on 6/4/19. In Hooper's first attempt, the Court denied the motion without prejudice on 9/23/19 as Hooper did not file a proposed answer to the Complaint and failed to meet the minimal threshold requirement to show good cause for setting aside the default, such as a declaration as to why the default should be set aside. As both of those issues ...

Excerpt: ...ned inspections re same and had provided a guaranty as to the work performed (when, in fact, the work was performed by unlicensed cross-defendants). The XC further alleges that Genesis was defamed and wrongfully sued in this action. Based on the alleged fraud, these allegations are sufficient to support the punitive damages claim at issue. The claims as presented are also sufficient, for pleading purposes, to support the prayer for fees based on ...

Excerpt: ...he three other items, plaintiffs lost their mid-trial motion to reinstate waiting time penalties and their ex parte application to advance the hearing on their motion to reopen the case, but prevailed on their motion to reopen the case. Since under CCP §1033.5(c)(2), costs must be reasonably necessary to the conduct of the litigation, this court will tax the costs for those matters where plaintiffs did not prevail, but allow the $72.20 in costs,...

Excerpt: ...“(a) On receipt of a response for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply: [¶] (1) An answer 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 Sec...

Excerpt: ...he FAA governs any disputes, the CAA governs procedures. (See ibid.; Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899, 922.) Here, Alta Gardens' motion is based on two arbitration agreements entered into between Alta Gardens and decedent Nu Luu (decedent) on March 13, 2018. (See Gonzalez Decl. ¶¶ 6-7, Exs. A-B.) Both agreements call for the application for the “Rules of Civil Procedure ... for the state in which the Center [Alta Gar...

Excerpt: ...ian v. Renovate America, Inc. (2019) 42 Cal. App. 5th 1062, 1067-70; Espejo v. Southern California Permanente Medical Group (2016) 246 Cal. App. 4th 1047, 1058-62; Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal. App. 4th 836, 842-46. Based on these cases, defendants satisfied their burden in their moving papers by simply attaching the contract to their motion. But in plaintiff's opposition, plaintiff took issue with defendants' failure to pro...

Excerpt: ... signed by such an agent. (Goldman v. SunBridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1173 (Goldman); Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1130, fn. 6 (Young); see Eusey Decl. ¶¶ 4, 6-8, 14, Ex. A.) Emeritus has not met this burden. Emeritus has failed to submit any competent evidence of an actual agency between decedent Lois Christie (Christie) and her purported agent, plaintiff Donna Lewis (Lewis). There is no durab...

Excerpt: ...essary to ask the court to take judicial notice of materials previously filed in this case. “[A]ll that is necessary is to call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2019) ¶ 9.53.1a.) Ozuna's objection to the statement in paragraph 59 of the Hariri Declaration that Alta is not a successor to IPCE, is sustained. Ozuna's remaining evidentiary objections are ove...

Excerpt: ...g papers and to facts contained in Fisher's Separate Statement. (Hodjat v. State Farm Mutual Automobile Ins. Co. (2012) 211 Cal.App.4 th 1, 8.) Fisher' Objections (filed on 3-19-20 under ROA No. 295): The court OVERRULES Fisher's objections as immaterial to the court's ruling set forth below. (Code Civ. Proc., § 437c, subd. (q).) Code of Civil Procedure section 437c, subdivision (f)(1), provides, in part, “A party may move for summary adjudica...

Excerpt: ...y judgment motion, defendants could delay bringing that motion and thereby prevent plaintiff from ever taking any class discovery or bringing a motion for class certification. Defendants claim the pending discovery is unduly burdensome, but do not inform the court what the pending discovery is, or if the burden goes to liability discovery, damages discovery, or both. Plaintiff asserts he simply wants raw data, and that defendants' 14-terabyte est...

Excerpt: ... fatal to his breach of contract cause of action.” Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4th 394, 402. “The elements of a cause of action for breach of contract are: ‘(1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff.'” Coles v. Glaser (2016) 2 Cal.App.5th 384, 391. Plaintiff has alleged facts to set forth the elements of br...