Excerpt: ...��. and must view such evidence….in the light most favorable to the opposing party.” (Id. at 843, 844-45; Code Civ. Proc. § 437c(c).) “Evidence of a store owner's failure to inspect the premises within a reasonable period of time prior to the accident is indicative of defendant's negligence and creates a reasonable inference that the dangerous condition existed long enough for it to be discovered by the owner. A store owner must inspect th...

Excerpt: ...endant as of the date of the offer. Pursuant to those offers, Plaintiff now seeks attorneys' fees in the amount of $93,791 and costs of $5,341.99. This is Plaintiff's second attempt. Her first motion was denied, without prejudice, because it did not specify which defendant she sought fees from and in what amount. Defendants argue that this second attempt is also defective because Plaintiff seeks an award of fees “jointly and severally “ again...

Excerpt: ...rth Cause of Action are pled in paragraphs 13-17 and 44-50 of the 3 rdAXC. A review of these allegations reveals either that they are not alleged with the level of specificity required to allege fraud against a corporation, or are not specific promises to take some action or refrain from taking action in the future. The sole representations by Cross-Defendant that are alleged with the required level of specificity are those contained in the press...

Excerpt: ...nefit a third person appears from the terms of the contract. [Citation.] If the terms of the contract necessarily require the promisor to confer a benefit on a third person, then the contract, and hence the parties thereto, contemplate a benefit to the third person.' “(Spinks v. Equity Residential Briarwood Apartments (2009) 171 Cal.App.4th 1004, 1022.) Here, it is undisputed the contract provides Day will defend and hold the District, as well ...

Excerpt: ...� 452, subd. (d).) Accounting The superior court sitting in probate has exclusive jurisdiction over proceedings concerning the “internal affairs” of trusts. (Estate of Bowles (2008) 169 Cal.App.4th 684, 695; Prob. Code, § 17200, subd. (a).) Settling accounts and passing upon acts of the trustee are exclusively within the jurisdiction of the probate court, and not concurrent with the court's civil department. (Prob. Code, § 17200, subd. (b)(...

Excerpt: ...cts complained of.” (Winding Creek v. McGlashan (1996) 44 Cal.App.4th 933, 941.) Defendants TD Bank USA, N.A. and Capital One Bank (USA) were named as DOE Defendants. There are no allegations in the Complaint as to Defendants TD Bank USA, N.A. and Capital One Bank (USA) or that they were responsible in some way for the acts complained of. Because the alleged facts in the Complaint only concern certain Defendants, Defendants TD Bank USA, N.A. an...

Excerpt: ...udicial notice is GRANTED. Defendant prevailed in a bench trial of this insurance coverage dispute and sought costs as the prevailing party. Plaintiff moved to tax the claimed costs. In a minute order dated April 19, 2019 (ROA 663), the Court granted Plaintiff's motion in part, and ruled that Plaintiff could file a supplemental motion to tax costs after reviewing certain invoices relating to travel for depositions. Plaintiff now moves to tax Defe...

Excerpt: ...asis that the causes of action both appear to be barred by application of Bus. & Prof. Code § 166000. The exception in Bus. & Prof. Code 16601 is not applicable based upon the facts pled. The statutory exemption to Section 16600 includes the following factual scenarios: (i) A person selling the goodwill of a business. This is not applicable to Mr. Garrett because the seller of the client accounts was Leavitt, not Mr. Garrett; (ii) Any owner of a...

Excerpt: ...need not rule on Defendant's objections to the evidence. Attorney's Fees Plaintiff as the prevailing party is entitled to recover for hours reasonably spent in the litigation. (See Ketchum v. Moses (2001) 24 Cal.4th 1122, 1133.) It is within the court's discretion to decide which of the hours expended by the attorneys were “reasonably spent” on the litigation. (Meister v. Regents of University of California (1998) 67 Cal.App.4th 437, 449.) Ad...

Excerpt: ...as complete and straightforward as the information reasonably available to the responding party permits.” (Code Civ. Proc., § 2030.220, subd. (a).) To the extent Defendant was purporting to exercise Code of Civil Procedure section 2030.230, Defendant has not shown that the option was available or appropriate. Defendant is ordered to provide a further responses to form interrogatory no. 17.1, subpart (b), within five days of the notice of rulin...

Excerpt: ... accomplish this, the settlement must b the settling tortfeasor's share of liability for the plaintif f Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, 499. ) in Tech-Bilt v. Woodward-Clyde & Assoc.set forth the f a faith. (Id., at pp. 499-500.) The court need not consi d when the good faith nature of a settlement is not disp u is required is a motion setting forth the grounds of goo declaration setting forth a brief background of the cas e Ct. (19...

Excerpt: ...tted, a redline showing all changes, deletions, and additions must be submitted as well. As to the Settlement: 1. The proposed settlement includes a settlement of Plaintiffs' PAGA claims. Although the SAC states that PAGA prerequisites were followed, the Court's file does not contain Plaintiffs' PAGA letters to the LWDA. Please provide copies of the letters. 2. PAGA has a one-year statute of limitations and Plaintiffs sent their PAGA letters to t...

Excerpt: ...ng all changes, deletions, and additions must be submitted as well. As to the Settlement: 1. The proposed settlement includes a settlement of Plaintiffs' PAGA claims. The Campbell Declaration includes proof that the required PAGA notice letters were sent to the LWDA, but it does not include the letters themselves so that the Court can evaluate compliance with PAGA requirements. Please provide copies of Plaintiffs' letters to the LWDA. 2. Addition...

Excerpt: ...declaration evaluated plaintiffs' damages as between $15K and $150K, “consisting of damage due to delay and specifically, increased costs of construction due to any improper delay in approving the application as is alleged to have occurred.” (Cogger Decl., Para. 2.) MP attorney's original declaration also averred that plaintiffs would be entitled to attorney fees of $250K to $350K if they prevail. (Id. at Para. 3; see also CC 5975(c).) MP att...

Excerpt: ...5, 754). Per Robinson v. Grossman (1997) 57 Cal.App.4 th 634, a seller's agent does not owe “a duty to independently verify or disclaim the accuracy of the seller's representations…” (Id. at 643); however, “the sellers' agent is required…to act in good faith and not convey the seller's representations without a reasonable basis for believing them to be true.” (Id. [emphasis added]). Additionally, per Civil Code §1088, “[i]f an agen...

Excerpt: ...if such allegation is controverted, then plaintiff must establish, on the trial, the facts showing such performance. (CCP § 457). When a condition precedent imposed by the contract is an act to be performed by the plaintiff, the plaintiff may allege the performance in general terms. (4 Witkin, Cal. Proc. 5th Plead § 538 (2008).) Under these rules, it is not required that a plaintiff allege the specific facts showing his performance of the contr...

Excerpt: ...sts between himself and Beltran. Civ. Code § 1550. Plaintiff has also failed to allege any facts sufficient to show how, when, or why any such contract might have been breached. Richman v. Hartley (2014) 224 Cal. App. 4th 1182, 1186. As such, the Demurrer is sustained as to the cause of action for Breach of Contract. Plaintiff has also failed to pled facts sufficient to show that the cause of action for Bad Faith applies to Beltran. The Bad Fait...

Excerpt: ...conditions.” Id. Here, Plaintiffs allegedly informally requested a second inspection of the subject property located at 2826 N. Dayna Street in Santa Ana, CA (the “Property”), but have refused or failed to provide a date for the inspection. As Defendant received a Notice to Abate Public Nuisance from the City of Santa Ana on 09/10/18, Defendant risks large fines by not remediating the issues with the Property while Plaintiffs fail to comple...

Excerpt: ...udge Gooding, the judge assigned to the previously consolidated cases, found this case related to the previously consolidated cases and transferred this case to her department. That order has not been set aside or otherwise challenged as far as this Court knows. This Court is not empowered to revisit it. See Cal. Const. Art. VI, Sec. 4; in accord, Alvarez v. Superior Court (2010) 183 Cal.App.4 th 969, 982-983; In re Alberto (2002) 102 Cal.App.4th...

Excerpt: ...ns should be denied and sanctions awarded to the Plaintiff. Based on all the moving papers, the court finds that Defendant's counsel did meet and confer sufficiently to permit these motions to go forward. The request for sanctions is denied. Plaintiff's objection to each motion and each accompanying separate statement based on untimeliness is overruled. As explained in Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 ...

Excerpt: ...ng same must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. The party seeking information may raise in response whatever legitimate and important countervailing interests disclosure serves, while the party seeking protection may identify feasible alternatives that serve the same interests or protective measures that would dimi...

Excerpt: ... The allegations included within ¶7 are asserted on “information and belief.” Allegations made on “information and belief” are improper where a Complaint fails to allege “such information that lead[s] the [plaintiff] to believe that the allegations are true.” (Doe v. City of Los Angeles (2007) 42 Cal.4 th 531, 551, fn. 5; See also Pridonoff v. Balokovich (1951) 36 Cal.2d 788, 792: “Plaintiff may allege on information and belief any...

Excerpt: ...ent. Nevertheless, the motion is substantively deficient. Courts have a duty of inquiry regarding the grounds for the motion and are not required to accept at face value vague, unsupported, or uncertain representations as to reasons why an attorney seeks to withdraw. Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1134-1136. Counsel has a corresponding duty to respond and to describe the general nature of the issue, within the con...

Excerpt: ...7.1 was defective, as the answers were as to a different party's responses to a different set of RFAs. (Howard Decl. Exs. 1-4.) The Opposition attaches a revised response, with a POS showing a 5/14 service date. However, Advance claims that those responses were never received, and were first seen when reviewing the Opposition. In either event, the revised responses are also defective, as they are not properly verified, and the POS fails to comply...

Excerpt: ...s request for judicial notice of Exhibits 1 and 2 pursuant to Evidence Code section 452(d). However, the Court declines to take judicial notice of hearsay statements contained in the court's records. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564.) As to the 1 st through 3 rd Causes of Action as shareholder derivative claims, the Court OVERRULES the demurrer. The Court finds that the SAC has adequately alleged demand futility in paragraph 20 ...