Excerpt: ...based on some contract. The burden is on plaintiffs to establish the validity of the attachment. Loeb & Loeb v. Beverly Glen Music, Inc. (1983) 166 Cal.App.3d 1110, 1116. Also, since California's attachment law is purely statutory, it must be strictly construed. Kemp Bros. Construction, Inc. (2007) 146 Cal.App.4 th 1474, 1476. The Klein case is distinguishable as it involved a president of a corporation who solicited investment by plaintiff and t...

Excerpt: ...ads Hemet's 07/13/18 Undertakings. The court rules as follows: The objection on the grounds that Scott G. Hook is not a proper personal surety is SUSTAINED. Mr. Hook relies upon his residence located at 1800 Port Westbourne Place, Newport Beach, CA 92660 (the “Property”) for the interest in real or personal property required by Code Civ. Proc. §§ 995.510, subd. (a)(3) & 995.920, subd. (b)(3), however he testifies that he does not own the Pr...

Excerpt: ...aration which does not comply with CCP 2015.5 is defective and of no evidentiary value. (Kulshrestha v. First Union Commercial Corp. (2004) 33 Cal. 4th 601, 612.) 2. Motion by Tony Nguyen to Stay the Case 6 Months: The motion by plaintiff Tony Nguyen to stay this action for six months is denied. Proof of service is defective, as the proof of service of the moving papers does not comply with the requirements for proof of service by either mail or ...

Excerpt: ... (1992) 9 Cal.App.4th 1362, 1369.) A cause of action accrues when “the cause of action is complete with all of its elements.” (Norgart v Upjohn(1999) 21 Cal.4th 383, 397.) “[T]he statute of limitations begins to run when the plaintiff suspects or should suspect that [its] injury was caused by wrongdoing, that someone has done something wrong … the limitations period begins once the plaintiff “has notice or information of circumstances t...

Excerpt: .... (See, TAC, ¶ 155.) Also, plaintiff Manos has not pled facts that any of these sums are actually due to plaintiff Manos rather than some other third parties. Third, plaintiff Manos has not alleged facts that defendant The Wolf Firm as trustee had any role in the reporting of the anti-deficiency judgment for which it received a benefit. The court notes that plaintiff Manos alleged that defendant The Wolf Firm and other defendants again had no au...

Excerpt: ... seek Mr. Morgan's entire 59 year medical history. The scope of the subpoenas are fatally overly broad. The party seeking disclosure of the constitutionally protected information bears the burden of establishing direct relevance. (Davis, supra, 7 Cal.App.4th at p. 1017.) There is no opposition to this motion (although there is an opposition for the motions to quash scheduled for next week (August 9, 2018). As such, defendant has not met her burde...

Excerpt: ... in Committee on Children's T.V., Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, the court explained that less particularity is required when the parties all have knowledge of the transaction. Id., at 217. The court explained that: “We observe, however, certain exceptions which mitigate the rigor of the rule requiring specific pleading of fraud. Less specificity is required when ‘it appears from the nature of the allegations that the defen...

Excerpt: ...nsurance Company, Inc. by defendant Acampora quashed. (Saperstein Decl. at Exh. 2.) The subpoenas are impermissibly overbroad and seek information protected by plaintiff's right to privacy. (See Britt v. Superior Court (San Diego Unified Port Dist.) (1978) 20 Cal.3d 844, 864 (Britt) [medical records]; Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1014 [medical records]; Fortunato v. Superior Court (2003) 114 Cal.App.4th 475, 480-481 [financi...

Excerpt: ...y against sham pleadings requires the pleader to explain satisfactorily any such omission. Otherwise, the original defect “infects” the subsequent pleading as well, i.e., the self-destructive allegations of the original pleading will be “read into” the amended pleading as well. Owens v. Kings Supermarket (1988) 198 Cal.App.3d 379, 384. Even if plaintiff was attempting to amend the complaint to state Mr. Rosburg hit plaintiff's vehicle twi...

Excerpt: ...ica v. State of California, U.S. District Court, Eastern District of California, Case No. 2:18-cv-00490-JAM- KJN. Judicial Notice is GRANTED as to Exhibits 1 and 2 but not as to the truth of each and every entry set forth therein. Evidence Code § 452(d) and Kilroy v. State California (2004) 119 Cal. App. 4th 140, 145 Merits of Motion Trial courts have the authority and discretion to control the order of the proceedings before them. See, C.C.P. �...

Excerpt: ...4th 826, 850-851 If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.) If a defendant fails to meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.) If the defendant meets this initial burd...

Excerpt: ...matter therein. Defendant Linda Liu's Demurrers to the First Through Sixth Causes of Action in Plaintiff's Complaint are SUSTAINED with leave to amend. Shareholders of a corporation have no direct claim against third parties who may have harmed the corporation, however they may bring a derivative suit on behalf of the corporation if the board of directors refuses to sue. The corporation is an indispensable party to such a suit and must be named a...

Excerpt: ...4th 826, 850-851 If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.) If a defendant fails to meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.) If the defendant meets this initial burd...

Excerpt: ...tiff had not officially retained counsel. (Cisneros v. Vueve (1995) 37 Cal.App.4th 906, 912 [“Because [the attorney] was not representing defendants at the time the default was entered, we find as a matter of law, that he was not the proximate cause of the entry of default”]; Martin Potts & Associates, Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 442 [“mandatory relief is available only if the default or dismissal ‘was ... in fact cau...

Excerpt: ...Nagui Mankaruse in Mankaruse v. Raytheon Company et al., U.S. District Court Case No. SAVC12-261JVS (MLGx), Exhibit 2, Order of 8-8-12 Granting Plaintiff Mankaruse's Request for Dismissal in Mankaruse v. Raytheon Company et al., U.S. District Court Case No. SAVC12-261JVS (MLGx), Exhibit 3, Court of Appeal Opinion affirming the judgment in plaintiff Mankaruse's employment law action in Mankaruse v. Raytheon Company, et al., O.C.S.C. Case No. 30- 2...

Excerpt: ...July 19, 2018. The parties' last meet and confer effort appears to have occurred in May 2018, when the operative complaint was the first amended complaint, which did not allege alter ego liability or intentional misconduct. (Wood Decl. at ¶ 5, Exh. C; Orosz Decl. at ¶¶ 10-11, Exh. C.) After this motion was filed, plaintiff successfully sought leave to amend and filed a second amended complaint, which now includes such allegations, significantl...

Excerpt: ...of the anti-SLAPP statute, that the attorney fee award in connection with the anti-SLAPP motion should be reduced. However, the merits raised in the motion do not attack the award based on some type of apportionment argument. Instead, plaintiff merely attacks the time and rates of the attorney fee bills. The issue of reasonableness of the time and rate entries has already been determined. If plaintiff wanted to argue some of the entries don't or ...

Excerpt: ... individual defendants for summary adjudication on each issue, and thus any issue that did not resolve a cause of action as to all defendants was not proper issue for summary adjudication. C.C.P. § 437c(f)(1), and Hood v. Superior Court (1995) 33 Cal.App.4 th 319, 321. The issues as framed by defendants were by all defendants as to plaintiff Footprints various causes of action and claim for punitive damages. As to plaintiff Footprints' first cau...

Excerpt: ...y shall be based upon the ground, and supported by a showing, that the plaintiff is a vexatious litigant and that there is not a reasonable probability that he or she will prevail in the litigation against the moving defendant. CCP 391(b) defines “vexatious litigant” as follows: (1) In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims ...

Excerpt: ...Defendant Fitness International carried its burden on the first element of establishing a suitable alternative forum and that it is amenable to service of process in that forum. Stangvik v. Shiley, Inc. (1991) 54 Cal.3d 744, 752. Next, the second element of private and public factors favor Florida over California. Stangvik, at 751 and Morris v. AGFA Corp. (2006) 144 Cal.App.4 th1452, 1467. Plaintiff Charles Roberson does not contest the following...

Excerpt: ...ver a nonresident defendant who has “minimum contacts” with the forum state: a relationship between the nonresident and the forum state which is such that the exercise of jurisdiction does not offend “traditional notions of fair play and substantial justice.” International Shoe Co. v. Washington (1945) 326 U.S. 310, 316. Types of Personal Jurisdiction. Personal jurisdiction may be general or specific. The Plaintiff opposing a motion to qu...

Excerpt: ...tic contacts with this forum. Vons Companies Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4 th 434, at 445. Also, general jurisdiction has now been limited to a corporation's place of incorporation or its principal place of business absent exceptional circumstances. Daimler AG v. Bauman (2014) 571 U.S. 117, 134 S.Ct. 746, 761 to 762 and Martinez v. Aero Caribbean (9 th Cir. 2014) 764 F.3d 1062, 1070. The Neadeau authority simply based on percentage ...

Excerpt: ..., otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken… No affidavit or declaration of merits shall be required of the moving party.” (a). Copy of Proposed Pleading. The motion is not accompanied by a copy of Defendant's proposed responsive. That having been said, this issue is not raised by the Opposition. (b)...

Excerpt: ...iling, as there is no evidence before the court to show why the motion was not timely filed. 2. The motion by plaintiff Tony Nguyen to change venue and transfer this action to Los Angeles County is denied. The court previously denied a motion by this same moving party, seeking the same relief, on 3-29-18; and, moving party has not complied with CCP 1008. Moreover, moving party fails to provide any admissible evidence to support the request, as th...

Excerpt: ...ns are located; and  State what allegations are proposed to be added to the previous pleading, if any, by page, paragraph, and line number, the additional allegations are located. CRC 3.1324(a). Here, the motion does not include specific information regarding what allegations are to be added and deleted, but it is very clear what is to be deleted and what is to be added as the newly added language is drafted in a bold font. The original allega...