Excerpt: ...ppression, fraud, or malice. Here, Plaintiff alleges Defendants failed to pay it the funds owed per the lien; but Plaintiff fails to allege any facts supporting circumstances of malice, fraud, or oppression. See Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166 (“The mere allegation an intentional tort was committed is not sufficient to warrant an award of punitive damages. [Citation] Not only must there be circumstances of oppression, f...

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Excerpt: ...r has withdrawn the subpoena. (See Opp. at p. 3.) Anaheim Capital Partners shall give notice. Motion to Quash Metropolitan Acoustics Subpoena House of Blues Anaheim Restaurant's motion to quash Delia Hauser's subpoena to Metropolitan Acoustics on September 11, 2017, is DENIED as moot. Hauser has withdrawn the subpoena. (See Opp. at p. 3.) House of Blues shall give notice. Motion to Quash Veneklasen Subpoena +3 Anaheim Capital Partners, Arcturus M...

Excerpt: ...the material allegations of the complaint, including all essential elements of the claims. Advantac Group, Inc. v. Edwin's Plumbing Co., Inc. (2007) 153 Cal.App.4 th 621, 627. Although the defendant should aver “carefully and with as much detail” as possible, allegations should be liberally construed. FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384. Since a general denial puts in issue the material allegations of the complai...

Excerpt: ...e Court encourages a review of the theories of fraud in CACI Nos. 1900-1903. Plaintiff should label the claim by the appropriate theory. It appears to be alleging false promise. In order to plead a claim for false promise, the plaintiff must allege some facts which give rise to a reasonable inference that the defendant lacked intent to perform. The mere breach of a promise is not enough to establish promissory fraud (aka false promise). (Riverisl...

Excerpt: ...y is held at a private place, plaintiff must also establish probable cause to believe that the property is in fact located at the private place. CCP §512.010(b)(4). A claim for possession has probable validity where it is “more likely than not” that the plaintiff will obtain a judgment against the defendant on the possession claim. See Code of Civil Procedure §511.090; People v. Superior Court (2002) 27 Cal.4 th 888, 919. To meet this stand...

Excerpt: ...ntrue or misleading advertising.” In the First Amended Complaint (“FAC”), the unfair and/or unlawful conduct alleged by Plaintiffs as the basis of this cause of action was the claimed violations of the HBOR. The only difference in the SAC is that Plaintiff removed the citations to the Civil Code sections comprising the HBOR. However, the wrongful conduct Plaintiff alleges continues to be the conduct that (according to Plaintiffs' prior alle...

Excerpt: ...Flores v. Kmart Corp. (2012) 202 Cal.App.4th 1316, 1325; Casterson v. Superior Court (2002) 101 Cal.App.4th 177, 183. The Court finds that the records supplied by the RJN indicate Plaintiffs filed a proof of claim in connection with the individual defendants' Chapter 11 bankruptcy case, and that the bankruptcy court's “Order On Objections to Claims, entered on July 19, 2017, provides that the claim s disallowed in its entirety. “[T]the allowa...

Excerpt: ...ancial affairs. (Fortunato v. Sup.Ct. (Ingrassia) (2003) 114 Cal.App.4th 475, 480-481.) The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. (Williams v. Superior Court (2017) 3 Cal.5th 531, 552.) Defendants have done so here. (See Alpert Decl. at ¶ 11.) The requests at issue could thus resu...

Excerpt: ...until 2/28 and not served until 3/2/18. As Defendant filed a reply addressing the merits, the Court has elected to consider the Opposition here. However, future failures to comply with the statutory filing and service requirements may prevent consideration of the submission. The Motion also reflects that the OCTA made sufficient efforts to meet and confer, in both letters and an in-person meeting. (Tam Decl. ¶ ¶4-9, Exs. E-K.) OCTA's Separate S...

Excerpt: ... declaration stating that the moving party contacted the deponent to inquire about the nonappearance.” Code Civ. Proc. § 2025.450(b)(2). The record reflects that, on 11/2/17 (the same day Hayden answered and cross- complained), Plaintiff served a notice for the deposition of Defendant to take place on 11/13/17. Defendant's counsel emailed in response on 11/2/17, stating that he was unavailable on that date and asking Plaintiff to propose 4 or ...

Excerpt: ...S should withhold those documents. The Court is not persuaded by either argument. Most of the requests are so broad that the records sought will likely reveal the identity, diagnosis, prognosis, or treatment of a patient. Further, a “warning” that no private documents are sought is insufficient to protect the serious privacy interests involved here. Moreover, in the face of a serious privacy concern, discovery will not be ordered if the infor...

Excerpt: ...owing: Physical examination at 26732 Crown Valley Parkway, Suite 561, Mission Viejo, CA 92691 on April 5, 2018 at 9:00 a.m. Physical examination at 360 San Miguel Drive, Suite 701, Newport Beach, CA 92660 on April 2, 2018 at 1:30 p.m. Civil Procedure Code section 2032.220(a) provides that any defendant may demand one physical examination of a plaintiff seeking damages for personal injuries. A defendant desiring a second physical exam must file a ...

Excerpt: ...rty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.” Plaintiff to give notice. ...

Excerpt: ...et One, are denied as untimely. (CCP 2030.300(c), 2033.290(c).) The parties agreed to extend the statutory deadline to file the instant motions to 12-22- 17. (Ex. F to respective motions.) However, the motions were not filed until 12-28-17. A party seeking to compel further responses to discovery must file the motion within the statutory deadline, or its right to do so is waived; a court is without jurisdiction to do anything but deny the motion ...

Excerpt: ... (2000) 22 Cal.4th 245, 255. Plaintiff's medical records are confidential information protected by her right of privacy. Britt v. Superior Court (1978) 20 Cal.3d 844, 864-865. Plaintiff has a right to privacy as to medical conditions she has not placed at issue in this litigation. John B. v. Superior Court (2006) 38 Cal.4th 1177, 1198. The information sought must be directly relevant to a claim or defense. Harris v. Superior Court (1992) 3 Cal.Ap...

Excerpt: ...w a matter for a meet and confer and a motion to compel further responses if the parties cannot informally resolve plaintiff's claimed defects. Plaintiff Iyad, Inc. is awarded sanctions of $1,200.00, pursuant to C.C.P. § 2030.290(c), payable by defendant Mohammed Hossein within 30 days. The court notes that while plaintiff Iyad, Inc.'s initial notice failed to include a request for sanctions, plaintiff Iyad, Inc.'s amended notice of motion filed...

Excerpt: ...r the nature of any right to payment from Durst; specifically, whether Judgment Debtor is an employee of Durst, or if her payments are earnings, in which case the proper collections method is an earnings withholding order. (Ahart, et al., Rutter Group, Enforcing Judgments and Debts, Chapter 6D-3, Sections 6:396 and 6:573; Chapter 6G-5, Sections 6:1422.5 et seq. and 6:1430 et seq.; Chapter 6F- 2, Sections 6:1076, 6:1103 et seq.; CCP 706.020.) The ...

Excerpt: ...e § 2031.300(b). By failing to serve timely responses, Plaintiff waived “any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” Id. § 2031.300(a). Defendant served Requests for Production on Plaintiff in May 2017. Kraemer Decl. ¶ 2 & Ex. A. After receiving no responses, Defendant provided Plaintiff with an unsolicited additional ten days to re...

Excerpt: ...ission of a separate statement is “so that no person is required to review any other document in order to determine the full request and the full response.” The court is aware that much of the information required by the separate statement is included within the motion, the declarations of counsel, and various documents attached to counsel's declaration. That said, the failure to submit a separate statement is a violation of the Rules of Cour...

Excerpt: ...y enforce such a mandatory provision, unless it concludes that enforcing the mandatory forum selection clause would be unreasonable or unfair under the circumstances. The first question is whether there is a suitable alternative forum? The forum selection clause here sets venue of litigation in the courts of New York. But the defendant suggests the New York state courts will not take this matter because it does not rise to the $1 million threshol...

Excerpt: ...bjects a person to cruel and unjust hardship in conscious disregard of that person's rights. (3) “Fraud” means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury.” It is not sufficient to show that the defendant's conduct was negligent, grossly negligent or even...

Excerpt: ......

Excerpt: ...aintiff Channry's employment law claims are within the scope of this agreement. Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4 th 394, 413. The burden thus shifted to plaintiff Victoria Channry to establish some ground such that arbitration should not be compelled. Correctional Peace Officers Ass'n v. State of Calif. (2006) 142 Cal.App.4 th 198, 205. Plaintiff Channry has not filed any opposition and/or presented evidence to es...

Excerpt: ...service under the Hague Convention at considerable expense. Plaintiffs ask that the court stay the action upon ordering the claims to binding arbitration as opposed to a dismissal. Plaintiffs object to the demand of costs. The Plaintiffs have never refused submit to arbitration, they simply did not agree to dismiss this action before the arbitration award was issued. Because this is action not a petition to compel arbitration, but a civil lawsuit...