Excerpt: ...pleading which are judicially noticeable under Evidence Code §§ 451 or 452. The complaint is read as a whole: material facts properly pleaded are assumed true; contentions, deductions or conclusions of fact/law are not. Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Jenkins v. JP Morgan Chase Bank, NA (2013) 216 Cal.App.4th 497, 506. In general, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary ...

Excerpt: ...leading, 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 complaint, a court will not consider facts that have not been alleged in the complaint unless...

Excerpt: ...ual or potential buyers or customers]; Defts have not met their initial burden of showing the emails are protected as prelitigation communications [circumstantial evidence supports a finding that Defts were not seriously considering litigation at the time the emails were sent]; Deny. ...

Excerpt: ... June 24, 2019, although the court expects to trail or continue the trial. Moving Parties contend as follows: 1. On 5/6/19, Custer served the “Disclosure of Information Concerning Expert Witnesses” attached as Exhibit A thereto, designating himself as an un-retained expert. A party's designation of an expert, including a party's designation of himself as an expert, must be supported by an attorney declaration providing, among other things, a ...

Excerpt: ...0.00 to Defendant Stacy Bui. The loan had a 12-month term and interest at 14% per annum. The loan was personally guaranteed by Kristine and Katherine Tran. All Defendants failed to pay the loan per its terms. Plaintiff alleges that each of the defendants fraudulently induced him into making the loan. Plaintiff filed his complaint against Defendants Stacy Bui, Kristine Tran and Katherine Tran on 10/25/18. The complaint alleges causes of action for...

Excerpt: ...luding providing that 287,520 shares of stock in PASS would be transferred from Don B. Clark to Ira Smith and Tony Ordaz in exchange for $920,000.00. (the “First Loan”). On 11/26/12, Plaintiff and Don B. Clark signed a promissory note in favor of Ira Smith and Tony Ordaz for $50,000.00, to start being repaid on 1/1/18. (the “Second Loan”). With the passing of Don B. Clark, Defendant Linda Clark is alleged to be the beneficiary of both loa...

Excerpt: ...in interest by way of merger to BBCN Bank (plaintiff), commenced this action against A-1 Silk Screen, Inc. and Shin Ill Kang (collectively, defendants) alleging the following five causes of action: 1. Breach of promissory note, 2. Breach of commercial guaranties, 3. Claim and delivery, 4. Conversion, and 5. Appointment of receiver. This is a collections action on a business loan and related commercial guaranties for the outstanding principal bala...

Excerpt: ...of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4 th 826, 850-851 (fns. 13 and 14 omitted), states, “Second, and generally, the party moving for summary judgment bears an initial burden of production to make a prima facie showing of...

Excerpt: ...ission (set 3), Form Interrogatories (Set 5), and Request for Production Set 8.” (Motion; 2:5-8.) Defendant requests a protective order as to these discovery requests pursuant to Code of Civil Procedure sections 2030.090, 2031.060, and 2033.080. (Motion; 2:10- 13.) The parties have adequately met and conferred. (Code Civ. Proc., §§ 2030.090, subd. (a), 2031.060, subd. (a), and 2033.080, subd. (a); 3-15-19 Berman Decl., ¶¶ 3, 4, and Exhibits...

Excerpt: ...anted. (Code Civ. Proc. §§ 526, 527; Pro–Family Advocates v. Gomez (1996) 46 Cal.App.4th 1674, 1680– 1681.) These issues are to be considered on a sliding scale. “[T]he more likely it is that plaintiffs will ultimately prevail, the less severe must be the harm they allege will occur if the injunction does not issue.” (Right Site Coalition v. Los Angeles Unified Sch. Dist. (2008) 160 Cal. App. 4 th 336, 342.) Defendants have not establis...

Excerpt: ...covery referee are: multiple voluminous discovery motions involving various issues of privilege, and third parties. The Court also believes it is likely, given the virtually unbroken chain of discovery disputes in this case, that more such disputes will be forthcoming before trial. The parties are directed to meet and confer before 7-1-19, to determine whether they (i) agree to the appointment of a discovery referee pursuant to Code of Civil Proc...

Excerpt: ...ly before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested, by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Code of Civil Procedure section 664.6 states, “If parties to pending litigation stipulate, in a writing signed by the parties outs...

Excerpt: ...tion.” Plaintiff, however, in Opposition presented evidence that there is no pending criminal action against Defendant and the O.C.D.A. rejected the case and does not intend on filing any criminal action against Defendant. (See Kazerouni Decl., ¶¶7-8, Exh. A.) As such, based on the evidence, it is highly unlikely that Defendant will be faced with a criminal action. Further, as to Defendant's contention concerning his right to exercise his 5 t...

Excerpt: ...ir reply declaration under seal, but failed to file a motion to seal. To promote the policy of maintaining the openness of public proceedings, the Court declines to consider the lodged unredacted exhibit in making its determination. General legal authority regarding preliminary injunctions The court may grant an injunction in the following cases: “(1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and th...

Excerpt: ...mers v. McClanahan (2006) 140 Cal. App. 4 th 403, 413; Dill v. Berquist (1994) 24 Cal. App. 4th 1426, 1439-40. Plaintiff has not met this burden. Purported service on each of them by way of an asserted agent who in fact was not authorized to accept service on their behalf was defective. Nor did Plaintiff personally serve Defendants or their agent or comply with the requirements for substitute service. Code Civ. Proc. § 415.20. Plaintiff filed a ...

Excerpt: ...iability. The opposition filed to this OSC only says that, perhaps, a portion of the money loaned by plaintiff to Tri-Emerald (a debt documented by notes from Tri-Emerald and guarantees from the other defendants) may have ended up with Lend Plus. It is still not clear what Lend Plus did that makes it liable to plaintiff. The court's purpose in setting this OSC was partially to determine whether Lend Plus was derivatively liable based on an unlawf...

Excerpt: ...mers v. McClanahan (2006) 140 Cal. App. 4 th 403, 413; Dill v. Berquist (1994) 24 Cal. App. 4th 1426, 1439-40. Plaintiff has not met this burden. Purported service on each of them by way of an asserted agent who in fact was not authorized to accept service on their behalf was defective. Nor did Plaintiff personally serve Defendants or their agent or comply with the requirements for substitute service. Code Civ. Proc. § 415.20. Plaintiff filed a ...

Excerpt: ...resident defendant may be subject to general jurisdiction if his or her contacts with the forum are substantial, continuous and systematic. (See Vons Companies Inc. v. Seabest Foods, Inc. (1996) 14 Cal. 4th 434, 445.) Lowell Menorca II (“Menorca”) presented evidence to establish that the Court does not have general jurisdiction over Menorca, and Plaintiff does not dispute this argument. A nonresident defendant may be subject to specific juris...

Excerpt: ...1,200 in monetary sanctions. Despite several meet and confer letters from Defendant's counsel, Plaintiffs have failed to respond and have failed to pay the monetary sanctions. The Court is inclined to find that it would be premature and improper to impose terminating sanctions at this time, for three reasons. First, as a rule, it is a violation of due process and an abuse of discretion for the trial court to impose terminating sanctions as punish...

Excerpt: ...pointed for the hearing.” Ordinarily, when a defendant files an opposition on the merits, any defect in service is waived. (Carlton v. Quint (2000) 77 Cal.App.4th 690, 697).) Here, however, not all defendants opposed the Motion. While Defendants Ge Diao and Leo Liu filed an Opposition to the motion for summary adjudication, Defendants Surterre Properties, Inc. and Rex McKown did not file an Opposition to Plaintiff's Motion for Summary Adjudicat...

Excerpt: ...court may, in furtherance of justice and on any terms as may be proper, allow a party to amend any pleading....' (Code Civ. Proc., § 473, subd. (a)(1).) However, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. . . . The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. . . .'” Howard v. County of San Diego (2010) 184 Cal.App.4th 142...

Excerpt: ...heir merits. IMO Development Corp. v. Dow Corning (1982) 135 Cal. App. 3d 451, 461. Because the policy favoring amendment is so strong, “it is a rare case in which a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his case.” Morgan v. Superior Court (1959) 172 Cal. App. 2d 527, 530 (internal quotations omitted). This is particularly true for amendment of answers, as a defendant denied l...

Excerpt: ...propriate hours expended and hourly rates. (ComputerXpress, Inc. v. Jackson (2001) 93 Cal.App.4th 993, 1020.) Plaintiffs are entitled to recover fees as the prevailing buyers under Civil Code Section 1794(d). The lodestar method for calculating fees applies to statutory attorney's fee awards. (K.I. v. Wagner (2014) 225 Cal.App.4th 1412, 1425.) The trial court has broad authority to determine the reasonable amount fees to be awarded under the lode...

Excerpt: ...nt creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney's fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney's fees to the judgment creditor pursuant to subparagraph (A) of para...

Excerpt: ...lar. Plaintiff failed to allege a cause of action for professional negligence. Plaintiff should re-draft these six causes of action. “'The elements of a cause of action for medical malpractice are: (1) a duty to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise; (2) a breach of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss o...