Excerpt: ...Amended Complaint by these defendants, and granted plaintiff leave to amend. While plaintiff apparently served an amended pleading on Moving Parties, none was filed with the court. The motions were originally heard on 2-22-18, and continued in order for plaintiff to file the amended pleading with the court, but none was filed. The court notes that moving parties filed and served a notice of continuance, but proof of service of that notice was def...

Excerpt: ...ed 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 of business conduct by a non-resident corporation in a forum state has thereby been negated as a basis for general jurisdiction. As to specific jurisd...

Excerpt: ...trate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement. … Public policy favors enforcement of arbitration agreements under state law (Madden v. Kaiser Found. Hospitals, Inc. (1976) 17 Cal.3d 699, 706-707), and any doubts as to whether an arbitration clau...

Excerpt: ... offer and the signed written agreement providing for binding arbitration in reply by Ms. Andrea Mullens, defendants carried their burden of establishing a written agreement containing a provision for binding arbitration entered into with plaintiff Tara Johnson. Also, this written agreement evidences that plaintiff Johnson's FEHA claims for harassment, discrimination, retaliation, and related employment claims are within the scope of this agreeme...

Excerpt: ...likelihood that a fair and impartial trial cannot be had in the county. When a change of venue is ordered by the superior court, it shall be for the trial itself. All proceedings before trial shall occur in the county of original venue, except when it is evident that a particular proceeding must be heard by the judge who is to preside over the trial. (b) On its own motion or on motion of any party, to an adjoining county when it appears as a resu...

Excerpt: ...this basis in a criminal case by a criminal defendant. This is not a criminal case and moving parties are plaintiffs, not defendants. Moving party also cites 28 USC 1404, which authorizes changes of venue in federal district courts. This authority is not applicable to this state court action either. Rather, the correct authority would be C.C.P. § 397(b): “The court may, on motion, change the place of trial … [w]hen there is reason to believe...

Excerpt: ...ns filed 3-9-17.) Rule 3.110(g) provides that: “If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff must file a request for entry of default within 10 days after the time for service has elapsed. The court may issue an order to show cause why sanctions should not be imposed if the plaintiff fails to timely file the request for the entry of default.” The ...

Excerpt: ...ount of $240,000, which represents damages from April 2017 through the date of this hearing. Plaintiff has met his initial burden on this motion. The evidence shows plaintiff and FEE entered into the subject settlement agreement, which required FEE to pay certain sums to plaintiff as set forth in paragraphs 2 and 3 therein. (Fakouri Decl. at ¶ 2, authenticating FAC at Exh. A [subject settlement agreement]; Maryam Ewalt Decl. at ¶ 4, Exh. A) The...

Excerpt: ... subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” Moving Party shall file and serve a declaration detailing compliant meet and confer efforts no later than five court days prior to the continued hearing date. ...

Excerpt: ... provides: “Community property is subject to enforcement of a money judgment as provided in the Family Code.” Family Code section 910 provides: (a) Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a ...

Excerpt: ... in on the motion to strike. On January 11, 2018, the court granted the motion to strike to the extent the third amended cross-complaint was brought by cross-complainant LL USA, because LL USA already had an active cross-complaint (i.e., the second amended cross-complaint filed on July 13, 2016) on file when it filed the third amended cross-complaint and did not seek leave of court before doing so. The court allowed the third amended cross-compla...

Excerpt: ...against only the (1) seller aka “retailer” or “retail seller,” (2) distributor, and/or (3) manufacturer of the subject vehicle, as those terms are defined in the Song-Beverly Act. (See Civ. Code, §§ 1791, subds. (e), (j), (l) [defining retailer, distributor, and manufacturer], 1791.2 [defining “express warranty”], 1791.1 [defining implied warranty of merchantability], 1792 [manufacturer's and retailer's implied warranty of merchanta...

Excerpt: ...ecede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5 [not applicable here]. … If the decision of the court, or the verdict of the jury upon the issue of liability so tried shall be against any party on whom liability is sought to be imposed, or if the decision of the court or the verdict of the jury upon any other issue or part thereof so trie...

Excerpt: ...es Corp. (1996) 14 Cal.4 th 394, 413. Defendant Alfredo Cervantes is covered by this agreement as he is being sued for conduct within the scope of his agency for defendant AG Seal Beach, LLC. See, Valley Casework, Inc. v. Comfort Construction, Inc. (1999) 76 Cal.App.4 th 1013, 1021. Alternatively, the doctrine of equitable estoppel is applicable as plaintiff Montoya's claims against defendant Alfredo Cervantes are intertwined with plaintiff's cla...

Excerpt: ...mination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based. … (e) As used in this section, "act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue" includes: (1) any written or oral statement or writing made before a legislative, executive, or judicial procee...

Excerpt: ... provides: “Community property is subject to enforcement of a money judgment as provided in the Family Code.” Family Code section 910 provides: (a) Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a ...

Excerpt: ...ecede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5 [not applicable here]. … If the decision of the court, or the verdict of the jury upon the issue of liability so tried shall be against any party on whom liability is sought to be imposed, or if the decision of the court or the verdict of the jury upon any other issue or part thereof so trie...

Excerpt: ... in on the motion to strike. On January 11, 2018, the court granted the motion to strike to the extent the third amended cross-complaint was brought by cross-complainant LL USA, because LL USA already had an active cross-complaint (i.e., the second amended cross-complaint filed on July 13, 2016) on file when it filed the third amended cross-complaint and did not seek leave of court before doing so. The court allowed the third amended cross-compla...

Excerpt: ...against only the (1) seller aka “retailer” or “retail seller,” (2) distributor, and/or (3) manufacturer of the subject vehicle, as those terms are defined in the Song-Beverly Act. (See Civ. Code, §§ 1791, subds. (e), (j), (l) [defining retailer, distributor, and manufacturer], 1791.2 [defining “express warranty”], 1791.1 [defining implied warranty of merchantability], 1792 [manufacturer's and retailer's implied warranty of merchanta...

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: ...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: ...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: ...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: ...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: ...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...