Excerpt: ... to modify the Note. However, he does not clarify whose offer it was. The fact that plaintiff signed the document indicates that he accepted an offer from Civic Financial Services, thus creating a binding written modification. See Riverside Rancho Corp. v. Cowan, 88 Cal.App.2d 197, 208 (1948). Additionally, the court notes that this cause of action is legally improper. Declaratory relief is inappropriate to “correct conduct that occurred in the...

Excerpt: ...ing party in any civil action is entitled to recover costs as a matter of right. Code Civ. Proc. §1032; Charton v. Harkey (2016) 247 Cal.App.4th 730, 737. The parties do not dispute that Plaintiff is the prevailing party. If the items in the cost bill appear on their face to be proper, the verified memorandum of costs is prima facie evidence of their propriety. The burden then rests with the party seeking to tax costs to show they were improper,...

Excerpt: ...ntiff Pedro Guerrero dismissed his cause of action for loss of consortium, which means that the sole remaining cause of action is for medical negligence. KHO contends that it is not directly liable for any alleged negligence in the care and treatment of plaintiff because it is not a healthcare provider. It contends that it is a holding company that is incorporated in Delaware and has its principal place of business in Louisville, Kentucky. It con...

Excerpt: ...ich it imposed on 12/14/17 and to issue an updated writ of possession, now that the appeals process has been concluded. (CCP 1176.) The court GRANTS the motion, for the following reasons. CCP 1176 (a) provides that on appeal from a judgment in a unlawful detainer action, no automatic stay shall apply, but this court has discretion to enter a stay. “An appeal taken by the defendant shall not automatically stay proceedings upon the judgment. Peti...

Excerpt: ...owever, the court's authority may be placed into the hands of the arbitrator by language in the arbitration agreement that “clearly and unmistakably” empowers the arbitrator to decide what matters are arbitrible. Howsam v. Dean Witter Reynolds, Inc. (2002) 537 U.S. 79, 84 There is no “clear and unmistakable” language conferring the decision to determine enforceability to the arbitrator. That said, this is the point at which some of the ar...

Excerpt: ...lishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either: (a) A negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or (b) The public entity had...

Excerpt: ...Admissions was for good reason. The Requests were served shortly after the Answer was served. A demand letter had been served on defendants' insurer after the action was served, but before the Requests were served. The demand letter, and documents later produced to defendants' counsel, showed that at least one preexisting condition, specifically to the left shoulder. The records showed only post- accident medical history. There were no records wi...

Excerpt: ...on was filed by Orange Holdings on 11/26/18. There were no objections by Board. On 12/26/18, the court issued its final Statement of Decision. Summarizing, the court found the following:  The Administrative Record shows there was substantial evidence to support Board's revision of its Findings of Fact  There was no violation of procedural due process with regard to the new valuation  There was no abuse of discretion in finding that there...

Excerpt: ...(Doe 3); and (4) Marriott Vacation Club (Doe 4). (Evidence Code 452(d)(1).) The demurrer by defendant Marriott Resorts Hospitality Corporation (erroneously sued and served as Marriott's Newport Coast Villas, DOE 3; erroneously sued as Marriott Vacation Club, DOE 4; erroneously sued as Marriott Vacation Club International, DOE 2; and erroneously sued as Marriott Vacations Worldwide, DOE 1) is overruled. Moving party argues that plaintiff was not g...

Excerpt: ...” of the 2016 case because it deals with the same issues as this case. In fact, Plaintiff admits in his opposition that the same trade secrets are involved in both cases when he asserts he has the right to discovery in this case because he adequately described the trade secrets in the 2016 case. However, on 1-31-2019 the Court of Appeal dismissed Plaintiff's appeal. Therefore the 2016 case may be “resolved”. Accordingly, the court will hear...

Excerpt: ...f Douglas Ramirez to Serve Verified Responses Without Objections to Defendant's Supplemental Interrogatory and Imposition of Monetary Sanctions is GRANTED. (See Code Civ. Proc. § 2030.290). Motion No. 2. Defendant Mercury Insurance Group's Motion for Order Compelling Plaintiff Douglas Ramirez to Serve Verified Responses Without Objections and All Responsive Documents to Defendant's Supplemental Inspection Demand and Imposition of Monetary Sancti...

Excerpt: ...Gansen Law Group, P.C. is not entitled to attorney fees on any other basis; for example, pursuant to a written fee agreement, as indicated in the Notice of Lien. Attorney Gansen has in fact provided evidence that the parties executed a written fee agreement providing for a lien. Absent evidence that Gansen Law Group, P.C. is not entitled to attorney fees at all, on any basis, moving party has not shown that the Notice of Lien contains “irreleva...

Excerpt: ...c., dba “BSI Financial Services” to Plaintiff's Second Amended Complaint (‘2 ndAC”) are each SUSTAINED with leave to amend. (Code Civ. Proc. § 430.10(e)). The Demurrer to the First Cause of Action For Negligence is SUSTAINED on the grounds that the 2 ndAC fails to allege fact sufficient to create a duty of due care in favor of Plaintiff. (Nymark v. Heart Fed. Sav. & Loan Ass'n (1991) 231 Cal.App.3d 1089, 1100). The Demurrer to the Second...

Excerpt: ...party if any party to the action requests attorney's fees and costs upon the initiation of the action. However, if the prevailing party in the court action is not an employee, attorney's fees and costs shall be awarded pursuant to this section only if the court finds that the employee brought the court action in bad faith. This section shall not apply to an action brought by the Labor Commissioner. This section shall not apply to a surety issuing...

Excerpt: ... terminating, issue and/or evidentiary sanctions is GRANTED in part as to an evidentiary sanction. C.C.P. § 2023.030(c) but DENIED as to terminating sanctions. Terminating sanctions are to be used sparingly and plaintiff Nancy Horner has submitted to depositions and produced discovery responses, even if not fully compliant with the discovery act. Slesinger, Inc. v. Walt Disney Co. (2007) 155 Cal.App.4 th 736, 764 to 765. The Parker case is disti...

Excerpt: ...esented evidence to create triable issues of material fact as to a prima facie case for violation of Labor Code § 1102.5. Labor Code § 1102.5(b), Civil Code § 1798.81.5(b), McVeigh v. Recology San Francisco (2013) 213 Cal.App.4 th 443, 468. [Plaintiff's Response to Defendant's UMF Nos. 3 and 16.] Also, temporal proximity between the claimed reporting and termination is sufficient to support a prima facie case. Loggins v. Kaiser Permanente Int'...

Excerpt: ...eneral jurisdiction, in that Plaintiff fails to present evidence that demonstrates that Defendant Brook Kozlowski was located in California, or that he conducted sufficient business in California to support general jurisdiction. (Daimler AG v. Bauman (2014) 571 U.S. 117). However, Plaintiff's evidence is sufficient to demonstrate the existence of specific jurisdiction over Defendant Brook Kozlowski. Plaintiff presents evidence that Defendant Kozl...

Excerpt: ... of punitive damages. No allegations of “malice” or intent to injure plaintiff are required, because fraud is an alternative basis for recovery (“oppression, fraud or malice”). (Weil & Brown, Civil Procedure Before Trial, Chapter 6-B, Section 6:165, citing Stevens v. Superior Court (1986) 180 Cal.App.3d 605, 610 [“Civil Code section 3294 … treats ‘oppression, fraud, or malice' as separate bases for imposition of exemplary damages �...

Excerpt: ... upon giving notice in the manner provided in subdivision (b) of Section 1005. … … (b) The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the notice of hearing, and any counter affidavits filed in response, or the court may, in its discretion, receive other evidence at the hearing. (c) A determination by the court that the settlement was made in good faith shall bar any other join...

Excerpt: ...nt AAI conceded a joint employer relationship can exist and presented no argument or authority in support of its general demurrer. Rule 3.1113(b). Hence defendant AAI's general demurrer is overruled. As to the special demurrer, defendant AAI is clearly apprised that plaintiff Anderson is contending AAI is her joint employer. A demurrer for uncertainty will only be sustained where the complaint is so poorly pled that a defendant cannot reasonably ...

Excerpt: ...to amend. (Code Civ. Proc. § 430.10,(e)). The Demurrers to the First, Second, Third, and Fourth Causes of Action in the 3 rdAC are SUSTAINED without leave on the basis that the 3 rdAC again fails to allege adequate facts to bring the subject loan within the statutory scheme supporting these causes of action. Even if the predicate facts were pled, Civ. Code § 2923.4, which states that nothing in the HBOR shall be interpreted to require a particu...

Excerpt: ...for waiting time penalties, such a cause of action can be stated against defendant Jeffrey Bulger in his individual capacity based on Labor Code § 558.1, which became effective in 2016. Labor Code § 558.1, McClain v. PQ Beverly Hills, Inc. (CD Cal. 2017) 2017 WL 1250978, and Roush v. MSI Inventory Service Corp. (ED Cal 2018) 2018 WL 3637066. The Reynolds decision in 2005 pre-dates the passage of Labor Code § 558.1. Next, plaintiff Wagner has a...

Excerpt: ...to cause unnecessary delay. This section also applies to judicial arbitration proceedings under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3. (b) For purposes of this section: (1) “Actions or tactics” include, but are not limited to, the making or opposing of motions or the filing and service of a complaint, cross-complaint, answer, or other responsive pleading. The mere filing of a complaint without service thereof on a...

Excerpt: ...774 (Ladas).) Code of Civil Procedure section 1033.5 enumerates allowable costs and costs which are not allowable. Even those amounts that are defined as recoverable under section 1033.5, subdivision (a), may only be recovered if they are both reasonable in amount and reasonably necessary to the conduct of the litigation, as opposed to merely convenient or beneficial to its preparation. (Code Civ. Proc., § 1033.5, subd. (c)(2)-(3).) Finally, an ...

Excerpt: ...t is time barred by the 3-year statute of limitations under CCP § 338(d). The Complaint does not invoke the delayed discovery rule. Even if it did, the delayed discovery rule does not apply. Constructive notice is the equivalent of actual notice (Citizens for Covenant Compliance v. Anderson(1995) 12 Cal.4th 345, 355). A marriage certificate is a matter of public record. If Alma Bouchot Soto was legally married to someone else, plaintiff would ha...