Excerpt: ...g under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production. [¶] (b) This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration under Section 2016.040.” Defendant has shown that on August 13, 2021, Defendant s...

Excerpt: ...rof. Code § 17200, (2) violation of the California False Advertising Act – Bus. & Prof. Code § 17500, (3) violation of the Uniform Trade Secrets Act – Civ. Code § 3426, (4) conversion, (5) breach of written contract [against Defendant Deihimi], (6) breach of written contract [against Defendant Mai], (7) intentional interference with economic relations, (8) breach of agreements memorialized in writing and of the terms of the stipulation fil...

Excerpt: ...s, who are not regular employees of any party, actually incurred and reasonably necessary in either, or both, preparation for trial or arbitration, or during trial or arbitration, of the case by the prevailing party.” Application of Civil Code section 3426.4 “naturally raises three questions: Is the defendant the prevailing party? Was the claim made in bad faith? And what is a reasonable fee?” (Cypress Semiconductor Corp. v. Maxim Integrate...

Excerpt: ...le 8.1115(b) applies (that opinion is relevant under the doctrines of law of the case, res judicata or collateral estoppel, or to a criminal or disciplinary action involving the same defendant or respondent in another such action).Thus, the request to judicially notice an order made by a Superior Court is improper. Plaintiff's request for judicial notice is GRANTED. Code of Civil Procedure section 1281.2 states in part, “On petition of a party ...

Excerpt: ...40, subd. (b).) “If a defendant who has demanded a physical examination under this article, on receipt of the plaintiff's response to that demand, deems that any modification of the demand, or any refusal to submit to the physical examination is unwarranted, that defendant may move for an order compelling compliance with the demand. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc. § ...

Excerpt: ...n affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. No preliminary injunction shall be granted without notice to the opposing party.” The burden is on Plaintiff to show all elements necessary to support issuance of the injunction. (O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1481.) “A superior court must evaluate two interrelated factors when r...

Excerpt: ...(only to the extent paragraph 29 states “my supervisor”), 20-21, and 31-52. The remaining objections are OVERRULED. Issue No. 1: Plaintiff's First Cause of Action for discrimination in violation of California's Fair Employment and Housing Act (“FEHA”) on the basis of disability fails because WDPR had a legitimate, non-discriminatory basis for issuing Plaintiff a Performance Development Notice (“PDN”) and terminating his employment and...

Excerpt: ...judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid.Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” (Aguilar v. Atlantic Rich...

Excerpt: ...his case with reasonable precision and with particularity sufficient to acquaint a defendant with the nature, source and extent of his cause of action. . . . The particularity required in pleading facts depends on the extent to which the defendant in fairness needs detailed information that can be conveniently provided by the plaintiff; less particularity is required where the defendant may be assumed to have knowledge of the facts equal to that ...

Excerpt: ...dependent adult' means any of the following: [¶] (1) Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. [¶] (2) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. [¶] (3) Financial abuse, as defined in Section 15610.30.” Welfare & Institutions Code § 15610.57, subdivision (a)(1) defines n...

Excerpt: ... file a second amended complaint within 20 days. Defendants' request for judicial notice is denied as irrelevant to this motion. First COA - Violation of California Civil Code Section 2923.55 and/or 2923.5 In the first cause of action of the first amended complaint (“FAC”), Plaintiffs allege Defendants violated statutory provisions related to recordation of the Notice of Default. Plaintiffs allege Moving Defendants were the loan servicer at t...

Excerpt: ...e Declaration of Amy Nguyen are OVERRULED. Defendant's Objections to the Declaration of Alyssa Pimentel are SUSTAINED. Defendant's Objections to the Declaration of Chloe Neely are SUSTAINED. Defendant's Objections Nos. 7, 8, 9, and 10, to the Declaration of Corina Pham are SUSTAINED and the remainder are OVERRULED. Defendant's Objections to the Declaration of Josephine Mirra Chhay are OVERRULED. Defendant's Objections Nos. 11, 12, and 14, to the ...

Excerpt: ...lace, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.” Here, Defendants seek a psychiatric and neuropsychological examination of Plaintiff. Defendants have shown good cause for the examination based on Plaintiff's claims of psychological i...

Excerpt: ...the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may ...

Excerpt: ... to whom a demand for inspection, copying, testing, or sampling has been directed will comply with the particular demand shall state that the production, inspection, copying, testing, or sampling, and related activity demanded, will be allowed either in whole or in part, and that all documents or things in the demanded category that are in the possession, custody, or control of that party and to which no objection is being made will be included i...

Excerpt: ...ising defendant of the issues it is being asked to meet, a demurrer for uncertainty should be overruled or plaintiff given leave to amend.” (Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 139.) Here, Petitioner has alleged denial of increased benefits under the Pandemic Unemployment Assistance program. In the operative amended petition, Petitioner alleges a single cause of action with the following title: “EDD has willfully m...

Excerpt: ...4 [260 Cal.Rptr. 183, 775 P.2d 508].) Aiding and abetting requires not agreement, but simply assistance. The common basis for liability for both conspiracy and aiding and abetting, however, is concerted wrongful action. (Howard v. Superior Court (1992) 2 Cal.App.4th 745, 749 [3 Cal.Rptr.2d 575]; Rest.2d Torts, § 876.) A corporate employee cannot conspire with his or her corporate employer; that would be tantamount to a person conspiring with him...

Excerpt: ...ct, a party must plead the existence of a contract, his or her performance of the contract or excuse for nonperformance, the defendant's breach and resulting damage.” (Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 307). Here, while the Complaint alleges an agreement the parties would jointly purchase the relevant property as 50/50 owners, for $250,000 each, the Complaint concedes that Plaintiff was unable to pay $250,000 up front....

Excerpt: ...g of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to ...

Excerpt: ...t or administrative body upon written notice to the governmental agency which has custody and control of the records. The written notice shall be given at the times prescribed by subdivision (b) of Section 1005 of the Code of Civil Procedure. Upon receipt of the notice the governmental agency served shall immediately notify the individual whose records are sought. ¶ (b) The motion shall include all of the following: ¶ (1) Identification of the ...

Excerpt: ... Leffel to file an amended cross- complaint expires. As a threshold matter, on April 21, 2022, Leffel dismissed his Eleventh Cause of Action for intentional misrepresentation/fraud, so the demurrer as to this claim is moot. STANDARD OF LAW “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine “whether the complaint alleges...

Excerpt: ... of limitations. On 4/15/21, the Court sustained Defendant's demurrer to the foregoing causes of action in the original complaint with leave to amend. Plaintiffs' First Amended Complain (“FAC”) filed on 5/5/21 includes the addition of paragraphs 62 and 63, which state: “62. On or about October 18, 2018, with approximately 27,876 miles on the odometer, Plaintiffs had the Subject Vehicle towed to Defendant's authorized repair facility complai...

Excerpt: ...INS the objection to the last sentence based on lack of personal knowledge but OVERRULES the objection as to the first two sentences. For Objection No. 9, the Court SUSTAINS as to “I know from my review of the case file that the main insurance adjuster assigned by Allstate to work on this case file, Mr. Eric Trinidad, disappeared for several weeks during the pendency of this case.” And OVERRULES the Objection to the remainder. The Court OVERR...

Excerpt: ...enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. . Reasonable attorney's fees shall be fixed by the court, and shall be an element of the costs of suit.” Further, Code of Civil Proce...

Excerpt: ...in ten days of service of notice of this order. Defendants' request for judicial notice of the Declaration of Plaintiff's owner, Hyung Kim, is DENIED. “The declaration of an adverse party is not a proper subject for judicial notice.” (Big Valley Band of Pomo Indians v. Superior Court (2005) 133 Cal.App.4th 1185, 1192.) 1st COA - Misappropriation of Trade Secrets: Plaintiff alleges that it employed Defendant Yoo as a Sales and Delivery Manager...