Excerpt: ...that a landlord merely failed to repair defective conditions is insufficient to support a punitive damages claim. (McDonell v. American Trust Co. (1955) 130 Cal.App.2d 296, 299-300.) Nor are facts alleged to support the claim that LL's conduct reflected oppression, fraud, or malice. A claim for punitive damages must be supported by specific factual allegations: conclusory characterization of conduct as “intentional, willful and fraudulent” is...

Excerpt: ...ant's conversion by a wrongful act or disposition of property rights; and (3) damages. Mendoza v. Rast Produce Co., Inc. (2006) 140 Cal.App.4 th 1395, 1404-1405; Ananda Church of Self- Realization v. Massachusetts Bay Ins. Co. (2002) 95 Cal.App.4 th 1273, 1281. It is not necessary that there be a manual taking of the property; it is only necessary to show an assumption of control or ownership over the property, or that the alleged converter has a...

Excerpt: ...he relative merits of the positions of the respective parties and make a determination of the probable outcome of the litigation. (Loeb & Loeb v. Beverly Glen Music, Inc. (1985) 166 Cal.App.3d 1110, 1120.) A claim has probable validity if it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim. (Code Civ. Proc., § 481.190.) Moving Plaintiff's claims for breach of contract and common counts do not ...

Excerpt: ...the testing of its sufficiency by demurrer: A demurrer admits all material and issuable facts properly pleaded. (Citations omitted.) However, it does not admit contentions, deductions or conclusions of fact or law alleged therein. (Citations omitted.)” Daar v. Yellow Cab Co. (1967) 67 Cal.2d 666, 672. If a demurrer is sustained as to any cause of action or causes of action, it is an abuse of discretion to deny leave to amend if there is any rea...

Excerpt: ...part with 15 days leave to amend. (Code Civ. Proc., §§ 430.10(e), 430.10(f).) Second Cause of Action (Intentional Interference with Contract Against Individual Cicerone). The demurrer to the second cause of action for intentional interference is overruled. The elements of a claim for intentional interference with contract are: (i) Existence of a valid contract; (ii) Defendant's knowledge of the contact and intent to induce its breach; (iii) Bre...

Excerpt: ... second, third, and fourth causes of action are sustained without leave to amend. On 06/24/2019, this court sustained with leave to amend Defendants' demurrer to Plaintiff's First Amended Complaint. That order expressly limited leave to amend to the causes of action pled in Plaintiff's FAC—cancelation of instruments, wrongful foreclosure, and defamation of title. Plaintiff's Second Amended Complaint (“SAC”) exceeds the scope of leave grante...

Excerpt: ...sanctions imposed against plaintiff in the amount sought of $1,750.00. In California, discovery is purposefully broad. With certain exceptions, parties have a right to inquire about any matter which – based on reason, logic and common sense – might (1) be admissible, (2) lead to admissible evidence, or (3) reasonably assist that party in evaluating the case, preparing for trial and/or facilitating resolution. Children's Hospital Central Calif...

Excerpt: ...917 [negligence elements]; FAC at Page 4, ¶ GN-1.) The FAC sufficiently alleges an unreasonable failure to restrain the dog. Whether it also alleges a failure to warn is immaterial. (See Quelimane Co., Inc. v. Stewart Title Guar. Co. (1998) 19 Cal.4th 26, 38-39 [demurrer overruled when allegations constitute any cause of action].) 2nd Cause of Action, Strict Liability. The court previously granted plaintiff leave to amend the strict liability ca...

Excerpt: ...o. (2002) 29 Cal.4th 189, 199.) The FAC does so here. It alleges the lease required defendant “to maintain the roof and utility and plumbing systems in good order, condition, and repair.” (FAC ¶ 53.) That sufficiently alleges the substance of the relevant terms. Motion to Strike Defendant's motion to strike is denied. The FAC sufficiently supports the punitive damages claim. It alleges an intentional trespass, whereby defendant knew water wa...

Excerpt: ...ian ad litem, Linda Johnson), Brooklynne Groves (by and through her guardian ad litem, Linda Johnson), Kurt Johnson, Jarah Johnson (by and through her guardian ad litem, Kurt Johnson), and Joshua Johnson (by and through his guardian ad litem, Kurt Johnson) against Defendants Stephen Xu, Marin Express, Inc., Bar Bakers, LLC, Kind LLC dba Kind Foods, LLC, C.H. Robinson Company, Inc. dba C.H. Robinson Transportation Company, Inc., and Fedex Supply C...

Excerpt: ...efendants' fact Nos. 3, 5, 8, 10, 11, 15, 17, 20, 22, and 23. “To prevail on a cause of action for breach of contract, the plaintiff must prove (1) the contract, (2) the plaintiff's performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) the resulting damage to the plaintiff.” Richman v. Hartley (2014) 224 Cal. App. 4th 1182, 1186. “On a defendant's motion for summary judgment, the defendant's burden is...

Excerpt: ...articular, the Defendants provided Plaintiff with a ladder/Step stool as a seat that broke while Plaintiff was sitting on it.” Complaint, page 4. 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 . . . .” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4 th 826, 850. The scope of this burden is determined by the allegations of t...

Excerpt: ...sts production of documents specified in the deposition notice at deposition, the motion is denied. Defendant has not addressed the good cause requirement for production of documents. (Code Civ. Proc., § 2025.450(b)(1).) Defendant's request for evidentiary sanction is denied. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992 [the discovery statutes evince an incremental approach to discovery sanctions, starting with monetary sancti...

Excerpt: ...consider Plaintiff's untimely reply briefs on these motions. Although the Court has discretion to consider late-filed briefs, it declines to exercise that discretion here. The filing deadlines for briefs in support of and in opposition to law and motion matters are not suggestions or optional guidelines. Given the number of motions (and, therefore, the number of late reply briefs), it would impose an unfair burden on the Court and its staff if th...

Excerpt: ...erified responses must be addressed in a motion to compel further responses, which must be accompanied by a separate statement. (See CRC 3.1345(a)(1).) To the extent that the Motion attempts to seek relief under §2033.290, it is denied without prejudice to a proper motion to compel further responses which complies with CRC 3.1345 and all related requirements. To the extent that this motion seeks relief under C.C.P. § 2033.280, it is now moot, e...

Excerpt: ...attorneys. Thus, as is the case with attorneys, pro. per. litigants must follow correct rules of procedure.” (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246–1247 (internal citations and quotation marks omitted).) Defendant's motion seeks order dismissing Plaintiff's Complaint, an order that Defendants stop harassing Defendant and her tenant, and an award of reasonable compensation. Defendant does not provide any authority, statutory or otherw...

Excerpt: ...on to Seal does not seek to seal Exhibits C, F, L, N and O or the deposition transcript excerpts submitted by Plaintiff in support of its motion for summary judgment/adjudication. The Motion is GRANTED. A party requesting that a record be filed under seal must file a motion or application for an order sealing the record. The motion or application “must” be accompanied by a memorandum and a declaration containing facts sufficient to justify th...

Excerpt: ...alleges Defendants breached various “statutory and common law duties” owed to Decedent, which ultimately led to her death on October 31, 2018. Plaintiff's wrongful death claim is premised on the same alleged breaches of “statutory and common law duties” owed to Decedent that are alleged in the survivor claims (i.e., the first, second third, and fifth causes of action). (Compl., at ¶¶ 97- 102.) Defendants contend that “all of Plaintiff...

Excerpt: ...ble conduct that is carried on with a willful and conscious disregard of the right and safety of others. (Civ. Code, § 3294, subd. (c)(1).) At the pleading stage, the complaint must allege facts supporting circumstances of oppression, fraud, or malice. (See Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166.) Allegations of intoxication, without more, do not state a claim for punitive damages. (Dawes v. Superior Court (1980) 111 Cal.App.3d...

Excerpt: ...RANTED IN PART and DENIED IN PART as follows: 1. The Clerk is ordered to permanently seal the documents filed at ROA 1501, 1502, 1516, and 1517. 2. Cross-Complainant First Foundation Bank (“FFB”) is ordered to file public, redacted versions of the foregoing documents. 3. As to ROAs 1502 and 1517 (each a Declaration of Edward O. Morales), FFB is to file public, redacted versions that omit Exhibits 9, 10, 11, 12, 21, and 22, and redact Exhibits...

Excerpt: ...y 3, 2019. However, Ms. Acosta has not obtained, through a motion or an ex parte application, an order substituting her as Plaintiff's personal representative or successor in interest. (Code Civ. Proc., § 377.31.) Plaintiff's evidentiary objection numbers 1 and 2 are sustained. Plaintiff's evidentiary objection number 3 is overruled. The Court considered the corrected declarations of Jan P. Abbs and James W. Convy. Code of Civil Procedure sectio...

Excerpt: ... The subpoenas are QUASHED in all other respects. This is a PAGA-only action in which Plaintiff, on behalf of herself and other aggrieved employees of Rubio's, alleges violations of Labor Code provisions relating to minimum wages, meal and rest breaks, wage statements, waiting time and recordkeeping. On July 12, 2019, Rubio's served identical subpoenas on two of Plaintiff's former employers, Forever 21 and K-Mart. The subpoenas each seek: [A]ny a...

Excerpt: ...proposed cross-complaint attached to the Lemen Declaration as Exhibit A on or before September 20, 2019. Grounds for Ruling Plaintiffs are three former employees of defendant Uni-Caps, LLC, who were terminated on March 6, 2014, after they complained to Defendant and the DFEH about alleged FEHA violations by defendant. Plaintiffs bring this action alleging defendant violated wage and hour laws and discriminated against plaintiffs who are of Korean...

Excerpt: ...rate 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 series of related transactions and th...

Excerpt: ... stayed pending completion of plaintiff's arbitration with PriorityWorkforce. The Case Management Conference set for today is ordered off calendar. A Post-Arbitration Review Hearing is set for March 13, 2020 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the claims ass...