Excerpt: ... penalized for invoking their Fifth Amendment right against self-incrimination. (See Pacers, Inc. v. Super. Ct. (1984) 162 Cal.App.3d 686, 689.) A stay, however, is not mandated or even presumptively required. (See, e.g., Avant! Corp. v. Super. Ct. (2007) 79 Cal.App.4th 876, 884.) Here, Defendant Carlson wholly failed to meet her burden to show any parallel criminal proceeding. To the extent Defendant's motion is based on the possibility of a cri...

Excerpt: ...of Defendant's Motion for Summary Judgment contain confidential information, much of which is protected by Government Code § 6254, which is an overriding interest that will be prejudiced if the requested relief is not granted, and which overcomes the right of public access to the records and supports sealing the records. (CRC 2.550(d)(1)-(3).) The court further finds that the sealing of these records is narrowly tailored and that no less restric...

Excerpt: ...papers with the Court on August 6th but there is no proof of service of those documents. The Court is therefore continuing the hearing of the Motion with the following directions to counsel. Failure to adhere to these directions may result in the Court's denial of this Motion without prejudice. The hearing is CONTINUED to September 30, 2019 at 2:00 pm in this department. By Friday August 30, attorney Greer shall send (or re-send) to Mr. Darling c...

Excerpt: ... 1 to 12: Overruled. Pretext: “Once an employer has offered a legitimate, nondiscriminatory reason for the adverse employment action, a ‘plaintiff must offer evidence that the employer's stated reason is either false or pretextual, or evidence that the employer acted with discriminatory animus, or evidence of each which would permit a reasonable trier of fact to conclude the employer intentionally discriminated.'” Moore v. Regents of Univer...

Excerpt: ...and exercise, (2) a breach of the duty, (3) a proximate causal connection between the negligent conduct and the injury, and (4) resulting loss or damage.” (Johnson v. Superior Court (2006) 143 Cal.App.4th 297, 305.) Defendant has met his initial burden on the cause of action for professional negligence through the declaration of Amandeep Bhalla, M.D., which establishes that Defendant's care and treatment of Plaintiff was within the requisite st...

Excerpt: ...ermissively used, entrusted, or maintained the Yukon. (UMF 13.) Further, Plaintiff acknowledges that direct liability is not an issue in this case. An offshoot of the doctrine of respondeat superior is the so-called “going and coming rule.” Under this rule, the employment relationship is suspended from the time employees leave their jobs until they return, on the theory that during normal commutes, employees are not rendering services directl...

Excerpt: ... and burden of proof by a preponderance of the evidence to negate the plaintiff's claim. It may do this by demonstrating the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. (Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51.) If a defendant does not meet this initial burden, the plaint...

Excerpt: ... 570 hours, a reasonable rate for which would be $500 per hour. That makes a subtotal of $285,000. To this, the court add a 33% multiplier of $94,050. Plaintiff's counsel persevered through the death of his client, a defense verdict on the first trial, an appeal, and the loss of witnesses and evidence over many years. The total award is thus $379,050, which reflects an objectively reasonable award for the work in this case. (See PLCM Group v. Dre...

Excerpt: ...l fails to state facts sufficient to constitute this cause of action. It still fails “‘to show an intention or purpose to convert the goods and to exercise ownership over them, or to prevent the owner from taking possession of the property'”].) (Spates v. Dameron Hospital Assn. (2003) 114 Cal.App.4th 208, 222.) At best and putting aside contrary allegations, the SAC alleges defendants intentionally left their gate open. (See SAC ¶¶ 30- 37...

Excerpt: ... Casualty Co. (1987) 189 Cal. App. 3d 1102, 1110.) The elements of an action for fraud and deceit based on concealment are: (1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact an...

Excerpt: ...ution or the recording of an assignment of the deed of trust, “that gap does not alter the legal fact that the deed of trust and the right to foreclose [is], as a matter of law, transferred along with the note”. (Yudhai v. IMPAC Funding Corp.(2016) 1 Cal.App.5th 1252, 1260 n.6.) In addition, an assignment of a deed of trust does not have to be recorded. (Calvo v. HSBC Bank USA, N.A. (2011) 199 Cal.App.4th 118, 122; see also Haynes v. EMC Mort...

Excerpt: ...et and confer declaration, but no comparable requirement exists for a motion to quash. (C.C.P. § 1985.3(g).) On the merits, as the subpoena seeks financial records and information, privacy rights are at issue. (See Fortunato v. Sup.Ct. (Ingrassia) (2003) 114 Cal.App.4th 475, 480-481 [“there is a right to privacy in confidential customer information whatever form it takes, whether that form be tax returns, checks, statements, or other account i...

Excerpt: ...trictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Errors and confusion created by “the inept pleader” are to be forgiven if the pleading contains sufficient facts entitling plaintiff to relief. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) A demurrer for uncertainty sho...

Excerpt: ...endant argues that the first six causes of action – Intentional Misrepresentati o Misrepresentation of Fact, Violation of Corporations Code § 25401, Violation of P e NIED.— are time-barred. The first two causes of action are for misrepresentation, to which a three year st a Civ. Proc. § 338(d).) For the third cause of action for violation of Corporations C o limitations is “five years after the act or transaction constituting the violatio...

Excerpt: ...hts ‘only by judicial process, of who has the right to possession, orderly procedure a require that the actual possession shall not be disturbe process.'” Spinks v. Equity Residential Briarwood Apar t 1004, 1038. Plaintiff has adequately alleged that Defe n Second Cause of Action for Intentional infliction o to allege Intentional Infliction of Emotional Distress, D e outrageously. ‘Conduct to be outrageous must be so e x that usually tolera...

Excerpt: ... failed to exhaust administrative remedies as to Supercuts. Evidentiary Issues I. Defendants' Request for Judicial Notice Defendants seek judicial notice of Plaintiffs' LWDA letters. (RJN, Exs. A-B.) The basis for this request is CCP § 452(c), which permits judicial notice of “official acts” of a government agency. While Plaintiffs' letters to the LWDA may no doubt found in the LWDA's files, they are not “acts” of the LWDA. However, as P...

Excerpt: ...vided no evidence that its Board of Directors compli (Id.) Article VI required that plans and specifications s h location be submitted to and approved in writing by th e Decl., ¶ 5, Ex. 2, Art. VI.) The court also found that Pl a law and that the interim harm from the issuance or no n burdens Plaintiff and Defendant equally. (ROA No. 44, 4 The Association has now complied with CC&R Article V I H-I.) The Association has also submitted evidence th...

Excerpt: ...n person or by telephone”].) As the meet and confer declarations by defendants Abhari and Menke appear sufficient, the court exercises its discretion to rule on the merits of all the motions. The demurrers by defendants Mahdavi, Abhari, Rahgoshay, and Menke, to plaintiff's first amended complaint are sustained, with leave to amend, based on failure to state facts sufficient to constitute a cause of action and uncertainty. (CCP 430.10(e), (f).) ...

Excerpt: ...s the prevailing party. The Logans did not dispute this finding. Statutory Right to Attorney Fees: Civ. Code, § 5975 (c) provides, “In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs.” Under Civ. Code, § 1717, attorney fees are also recoverable. The Logans did not dispute that attorney fees were recoverable. Lodestar Calculation of Attorney Fees: Civ. Code, § 5975 (c)...

Excerpt: ...4 to be considered at the same time as Defendant Ford's motion to tax costs. Evidentiary Objections I. Plaintiffs' Objections Plaintiffs have filed six objections to the Declaration of Daniell K. Newman. Objection No. 1 is SUSTAINED on relevance, foundation and hearsay grounds and OVERRULED on all other grounds. The Court has not considered Exhibit 1 to the Newman Declaration in ruling upon this motion. Objections No. 2-6 are OVERRULED. II. Ford'...

Excerpt: ...ious order as well as what new or different facts, circumstances or law are claimed to be shown. Plaintiffs' Notice of Motion also fails to comply with CRC Rule 3.110 and state the grounds on which this motion is brought. Putting aside the technicalities of a motion for reconsideration, there is still ample justification for the sanctions award. Plaintiffs now contend that defendant Arther Masaoka was in jail from March to June 2019. But the subj...

Excerpt: ...cational Nurses from October 18, 2014 to March 31, 2017. Plaintiff's Motion for Summary Adjudication of Issues is denied in part as to Issue No. 1, in that Labor Code §514 exempts defendants from California's overtime requirements for Registered Nurses from January 1, 2015 to the present, and for Licensed Vocational Nurses from April 1, 2017 to the present, and is granted in part as to Issue No. 1 in that Labor Code §514 does not exempt defenda...

Excerpt: ...nts relating thereto). Pursuant to CCP §§ 435 and 436, a party may move for an order striking from a pleading “any irrelevant, false or improper matter” or “any part of any pleading not drawn in conformity” with laws, rules or orders. The motion is to be used sparingly, not as a line item veto. PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1683. Defendant contends that the prayer for punitive damages is improper and not draw...

Excerpt: ...omplaint was untimely when filed on 05/10/19 (albeit by one day). Additionally, Plaintiff argues that the Cross-Complaint is inconsistent with Khalili's previous contention that Plaintiff is not the successor-in-interest to the decedent, Tony Steed. At the outset, the Court presumes that Plaintiff seeks to strike the entirety of the Cross-Complaint because Plaintiff has not, in the notice of motion, “quoted in full [any] portions” of the Cros...

Excerpt: ...event involves an additional egregious component— ‘oppression, fraud, or malice.' (Civ.Code, § 3294, subd. (a).)” College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 712. “[T]he Legislature has made it more difficult for plaintiffs to plead and prove such claims,” (id. at p. 712) including by amending section 3294 in 1987 “by increasing the plaintiff's burden of proving punitive damages at trial to ‘clear and convincing ...