Excerpt: ...ed to cause them injury or that he engaged in despicable conduct carried on with a willful and conscious disregard for the safety of others. Ibid. As the court has previously stated, simply taking many paragraphs to allege that the defendant drove while intoxicated is insufficient to warrant punitive damages. See Dawes v. Sup. Ct., 111 Cal.App.3d 82, 90 (1980). Nonetheless, plaintiff's counsel indicates that plaintiff can allege additional facts ...

Excerpt: ... and cross-complainant Prime Concrete Pumping. Under Code Civ. Proc. § 428.50, moving party may file its claims against existing parties and others in a cross-complaint filed before or at the time it files its answer to the cross- complaint against it. In the event that the cross-complaint against the moving party is dismissed before the moving party files its answer and cross-complaint and it is no longer a party, it may renew its motion for le...

Excerpt: ...omplaint reveals little about the accident which gives rise to this action; the complaint fails to identify where the accident occurred, how the accident occurred, how Deft was negligent in causing the accident, what injuries and damages Plaintiff claims from the accident, etc. The court file reflects two prior Motions to Compel Plaintiff's responses and document production which were taken off-calendar, however, a deposition of Plaintiff is like...

Excerpt: ...ing caption page and notice of opposition. See Cal. Rule of Court 3.1113(d). Plaintiff did fail to include a table of contents and table of authorities, as required by California Rule of Court 3.1113, subdivision (f). Given the nature of the present motion, however, the court will consider the opposition in its discretion. Evidentiary Objections The court declines to rule on the City's evidentiary objections, as none are material to the dispositi...

Excerpt: ...et for May 3, 2018. Plaintiff seeks to file amended pleadings in both the lead case and the consolidated case in order to add new defendants, a new cause of action for aiding and abetting, and to add some additional facts. Defendants Avalon, L.P. and Neil and Carol Anenberg (Trustees) do not oppose the filing of the amended pleading but ask that the 9-24-18 trial date be continued or vacated, contending that the new defendants will not be ready f...

Excerpt: ...urt notes that judgment creditor has previously been able to personally serve third party examination notices on Ms. Stovall at an address different from the one listed on the proof of service for this motion. To-wit, this motion was mailed to Ms. Stovall at 1182 Letty Lane, Tustin, CA 92780, whereas third party examination notices were personally served on her at 12681 Newport Avenue, Tustin, CA 92780. The court is thus concerned that Ms. Stoval...

Excerpt: ... that its counsel spent 24.1 hours in connection with bringing and prevailing on the special motion to strike and that counsel has spent 7.7 hours in connection with bringing the instant motion for fees. The Court finds that this time is reasonable and that the billing rate of $280/hr. is also reasonable. As a result, these fees are recoverable, as are the costs for filing the motions. ...

Excerpt: ...ly formed. In return, plaintiff and her husband were given a 20% stake in the company. (FAC, ¶8.) The loan had a 12.6% interest rate and defendant has not paid any portion of the principal due and owing, although he has paid interest. (Id., ¶9.) Defendant contends that plaintiff has failed to allege all of the terms of the contract, and has failed to attach a copy of the promissory note, citing Otworth v. Southern Pacific Transportation Company...

Excerpt: ...d (injunction for restraining trespass) and 3 rd (IIED) causes of action, and granting defendants' motion to strike the claim for punitive damages and attorney's fees, with leave to amend. However, the operative pleading for purposes of a special motion to strike is the operative pleading at the time the motion was filed. “Nor may plaintiff amend the complaint before the hearing on the anti-SLAPP motion. [Citation] Rationale: Amendments could f...

Excerpt: ...er or for the renewal of a previous motion may be considered by any judge or court unless made according to this section.” The Motion was filed on November 22, 2017, well in excess of the 10 days permitted by Code of Civil Procedure section 1008, subdivision (e). Le Francois v. Goel (35 Cal.4 th 1094, 1107, states, “We hold that sections 437c and 1008 limit the parties' ability to file repetitive motions but do not limit the court's ability, ...

Excerpt: ...pplicable statute of limitation for the fifth cause of action. Code of Civil Procedure section 338, subdivision (d), is the applicable statute of limitation for the sixth cause of action because it appears to be based on fraud. Code of Civil Procedure section 335.1 is the applicable statute of limitation for the seventh cause of action. (Pugliese v. Superior Court (2007) 146 Cal.App.4 th 1444, 1450.) “ ‘ “A demurrer based on a statute of li...

Excerpt: ...ade secrets. [¶] (b) This title does not affect (1) contractual remedies, whether or not based upon misappropriation of a trade secret, (2) other civil remedies that are not based upon misappropriation of a trade secret, or (3) criminal remedies, whether or not based upon misappropriation of a trade secret.” Civil Code section 3426.8 provides, “This title shall be applied and construed to effectuate its general purpose to make uniform the la...

Excerpt: ...Cal.App.4 th612, 616.) The court finds the facts pled as to these causes of action are not so uncertain that Defendant cannot reasonably respond. Second as to the fifth cause of action, Plaintiff pled sufficient facts showing that he relied on Defendant's misrepresentation (“experienced and knowledgable”) by entering into a contract based on this misrepresentation. (FAC, ¶¶ 10-13.) Third, as to the fifth cause of action, Defendant contends ...

Excerpt: ...tained without substitution of a personal representative after a party has died.” Sacks v. FSR Brokerage, Inc. (1992) 7 Cal. App. 4th 950, 957. Since a ruling on attorney's fees will be part of a judgment, the court is hesitant to move forward with the hearing as presently constituted. ...

Excerpt: ...: The Motion for Judgment on the Pleadings is GRANTED without leave to amend. Introduction: This case has been pending for 3 ½ years. In January 2018, the case trailed for several days. The trial is now re-set for March 19, 2018. Common Law Motion for Judgment on the Pleadings: Although the time has passed for a statutory motion, Defendant may make a common law motion for judgment on the pleadings. “'A motion for judgment on the pleadings may ...

Excerpt: ...r Defendants attempted to meet and confer in good faith seeking an extension of time to respond to the subject discovery before filing the instant motion. Specifically, it appears counsel attempted to come to an agreement as to the extension in time and Defendant's deposition, but counsel for Plaintiffs did not respond within the proposed time, and Defendants had to file the motion by 12-11- 17 [or risk waiving their objections to the discovery]....

Excerpt: ... t a l l . (Appleton v. Superior Court (Cook) (1988) 206 Cal.App.3d 632, 636.) The Court ORDERS Cross-Defendant PRELUDE to produce documents responsive to Request Nos. 7, 1, 13, 17, 23 and 25 in compliance with its Response within the next 21-calendar days. The Court ORDERS Cross-Defendant PRELUDE to provide further responses to Request Nos. 8-10, 12, 14-16, 20-22, and 24 within the next 21-calendar days. The Court OVERRULES the objection that th...

Excerpt: ...tion. (DSS ¶¶ 1-8.) Plaintiffs did not oppose the motion. Thus, the motion for summary judgment is granted. Defendant to give notice. (1) Defendant State of California's motion for summary judgment, or in the alternative, for summary adjudication, is CONTINUED to 5-15-18, Dept. C11, at 2 pm. Counsel for Plaintiffs, attests that: (1) immediately upon being served with this motion, Plaintiffs set a number of depositions in this matter, among them...

Excerpt: ...duty, breach of duty, causation, and damages apply…Whether a defendant owes a duty of care is a question of law. Its existence depends upon the foreseeability of the risk and a weighing of policy considerations for and against imposition of liability. [Citation.]” (Burgess v. Superior Court (1992) 2 Cal.4 th1064, 1072.) Proof of negligence requires a showing of duty, breach of duty and causation of injury. (McIntyre v. The Colonies-Pacific, L...

Excerpt: ...sel represents there is a breach of an agreement or obligation to pay attorney as to expenses or fees, and that the client has engaged in a conduct such that it is unreasonably difficult for counsel to carry out employment effectively. The motion is unopposed. It also appears that the client will not be prejudiced if the motion is granted since the trial date is not until June 5, 2018. The order will take effect on filing of proof of service upon...

Excerpt: ... Plaintiff to prove by a preponderance of evidence a ground for denial. Plaintiff filed a Notice of Non-Opposition to Defendant's Motion to Compel Arbitration” on 2-27-18. Thus, the motion is GRANTED. The court stays this action pursuant to Code of Civil Procedure section 1281.4. The court sets this case for an arbitration review hearing on 9-7-18 at 9:00 a.m. in Department C19. Plaintiff is to give notice. ...

Excerpt: ...part, “Within 30 days after service of the requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared . . . .” Code of Civil Procedure section 2033.260, subdivision (a), explains, “The party requesting admissions and the responding party may agree to extend the time for service of a response to...

Excerpt: ...intiff contends that Defendant has failed to comply with the settlement agreement by failing to give these funds to Plaintiff. Here, the transcript of the settlement agreement, attached as Exhibit A to the motion, states, “All remaining proceeds from the sale of the property shall be paid to Plaintiff.” (RT 5:7-12.) The transcript also indicates, “The Court: And that after the deed of trust is paid from the sale's proceeds, plus the costs, ...

Excerpt: ...ffs have not demonstrated any tangible prejudice from the granting of this motion. The Court VACATES the default entered against Moving Party on 11-17-17. Moving Party is to separately file the Motion to Quash, attached as Exhibit 4 to the declaration of Mr. McAndrew, within the next 5-calendar days. The Court SUSTAINS Plaintiffs' objection to Exhibit 1 only. Moving Party is to give notice. ...

Excerpt: ...ded complaint within 14 days. 1st cause of action, equitable estoppel. The FAC fails to state facts sufficient to constitute this claim. “A stand-alone cause of action for equitable estoppel will not lie as a matter of law.” (Behnke v. State Farm General Ins. Co. (2011) 196 Cal.App.4th 1443, 1463; accord Money Store Investment Corp. v. Southern Cal. Bank (2002) 98 Cal.App.4th 722, 732.) 2nd cause of action, injunctive relief. The FAC fails to...