Excerpt: ...e” nature of the 2 nd cause of actio n the alternative and has sufficiently alleged the existen c support a claim for breach of its implied covenant of g o With respect to the 3 rd cause of action for unfair busin e address the “fraudulent” prong of Business & Professio n address that prong does not allow the Court to rule th a Motion to Strike. The Motion by Defendants the Law Jacob Emrani, Brian McKibbin, Jonathan Ritter Motion t (15) day...

Excerpt: ... if this Demurrer was untimely, an unti m by the court in its discretion so long as its action does n the parties. Jackson v. Doe(2011) 192 Cal.App.4th 74 2 established how this Demurrer affects her substantial r any steps to obtain a default judgment or demonstrate prejudice. Accordingly, the court can and does act within its broa d Defendant's Demurrer on the merits. Sixth Cause of Action for IIED. The elements of IIED a outrageous, (2) Defenda...

Excerpt: ... Indio (2015) 236 Cal.App.4th 1175, 1196.) Based upon an independent review of the evidence, the Court finds that substantial evidence supports the City of San Juan Capistrano (the “City”) Code Enforcement Department's six-page amended administrative enforcement order affirming the denial of Petitioners' business license application. (Mun. Code, §§ 3-1.202(e), 9-3.305.) The City afforded Petitioners a fair hearing, acted within its jurisdic...

Excerpt: ... who was not physically able to practice law at t Decl. ¶¶ 12-13.) The Court finds Defendant will suffer no undue prejudi c The Dismissal of Defendant Michael Brower entered 03 / Civil Procedure Code Section 473(a)(1) provides that “ [ discretion, after notice to the adverse party, allow, up o amendment to any pleading . . . .” The court's discreti liberally to permit amendment of the pleadings. (How a 184 Cal.App.4th 1422, 1428.) The polic...

Excerpt: ... Wisconsin, without regard Each of the parties hereby submits to the exclusive jur i of Waukesha County, Wisconsin with respect to any di s this Agreement.” (Ravencroft Decl. ¶ 3, Ex. A, para. 6. Defendants contend that the mandatory forum selectio action because Plaintiff's claims emanate from the APA SWO's right to hire identified employees and independ e is a purchased asset. (Ravencroft Decl., ¶ 3, Ex. A, pa r APA also states that “Sell...

Excerpt: ...ry duty, breach of contra c (intentional or unintentional) and/or declaratory or oth e or concerning the performance of this agreement sha arbitration . . . .” (Exhibit A, Page 3, emphasis added). The arbitration clause at issue is very broad [when it] e claim arising out of or relating to any provision of this [ breach thereof....” Larkin v. Williams, Woolley, Cogsw e Cal.App.4th 227, 230. The causes of action of the Complaint for (1) Deceit...

Excerpt: ...��. and must view such evidence….in the light most favorable to the opposing party.” (Id. at 843, 844-45; Code Civ. Proc. § 437c(c).) “Evidence of a store owner's failure to inspect the premises within a reasonable period of time prior to the accident is indicative of defendant's negligence and creates a reasonable inference that the dangerous condition existed long enough for it to be discovered by the owner. A store owner must inspect th...

Excerpt: ... accomplish this, the settlement must b the settling tortfeasor's share of liability for the plaintif f Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, 499. ) in Tech-Bilt v. Woodward-Clyde & Assoc.set forth the f a faith. (Id., at pp. 499-500.) The court need not consi d when the good faith nature of a settlement is not disp u is required is a motion setting forth the grounds of goo declaration setting forth a brief background of the cas e Ct. (19...

Excerpt: ...anted. (Code Civ. Proc. §§ 526, 527; Pro–Family Advocates v. Gomez (1996) 46 Cal.App.4th 1674, 1680– 1681.) These issues are to be considered on a sliding scale. “[T]he more likely it is that plaintiffs will ultimately prevail, the less severe must be the harm they allege will occur if the injunction does not issue.” (Right Site Coalition v. Los Angeles Unified Sch. Dist. (2008) 160 Cal. App. 4 th 336, 342.) Defendants have not establis...

Excerpt: ... by the party against whom the costs are allowed.” The ordering of a copy of the transcript of Avrit's deposition was reasonable and n required to photocopy the original deposition for his expert. The statute specially videotaping witness's depositions. Item No. 4e: SDT Medical Records: Plaintiff ordered copies of the records that practice for Plaintiff to obtain the records that Defendant secured. Item No. 5: Costs of Service of Process: Altho...

Excerpt: ...a Ion and Ra Global Resources, fact are substantially different in that the cases involved different parties and a d i 11 months apart. Also, there was substantial delay in bringing this motion. For a denied. Case Management / Trial Setting Conference and OSC Re Dismissal of Un There being no submission re good cause on the lack of service on Defendant Mi h cause otherwise available, Defendant Mihaela Ion is dismissed without prejudice. A Jury Tr...

Excerpt: ...l.App.4th 1 the court determined that Plaintiffs Mobile Authentication Corporation (“MAC”) an (“Palisades”) lacked capacity to maintain the instant action and sustained the De m Inc. and Miguel Medina. (See 4/12/19 Minute Order.) On May 13, 2019, Plaintiffs filed their Fourth Amended Complaint (“4AC”). Despit the 4AC, there is no evidence demonstrating that Plaintiffs have complied with C a 2203 by paying fees, penalties and taxes, ma...

Excerpt: ...eeds, the vesting date was 11/13/1 4 Plaintiff knew that the face value of the policy of $4 mi l Complaint). This amount was fixed. It was only reduce d the subsequent settlements. Attorney Fees and Costs: In an effort to mitigate da m $1,520,874.27 in legal fees and costs in the Transame r BVI Action. In the SAC filed on 5/30/17, Plaintiff requested “In e and costs arising out of the New Jersey Action [and] In and costs arising out of the BVI ...

Excerpt: ...gal or equ property' become the property of the bankruptcy estate and will be distributed to v. Jacoway (2005) 544 U.S. 320, 325; see also Cloud v. Northrop Grumman Cor p 1001.) This means “after a person files for bankruptcy protection, any causes of that person becomes the property of the bankrupt estate.” (Cloud, supra, at p. 1 “[A] Chapter 7 debtor may not prosecute on his or her own a cause of action bel o unless the claim has been aba...

Excerpt: ...improper double collection. Would the second payment still tax? In order to show that there was not an initial payment of sales tax, Balboa would judgment. If there was no initial payment, then there would be no double payme n If there was an initial payment of sales tax, some equitable arrangement should o for the payment or CDK Global should return the payment. WAC 458-20-211 (g) “retail sale” excludes any purchases for the purpose of resal...

Excerpt: ...presentation, (2) knowledge o 4) justifiable reliance, and (5) damages. (Lazar v. Superior Court (1996) 12 Cal. 4 Plaintiff alleges Defendant “Defendants made false statements and promises in t h oversight of the modification process and good faith in providing a modification e v 27.) Defendant argues that the economic loss rule bars this misrepresentation cl a The California Supreme Court has concluded that a Plaintiff may not recover tort d a...

Excerpt: ...the specificity requirem e concerning fraud are vague. When were the statement s made to both Plaintiffs? What specifically was stated? I ignored the requirement of particularity. Plaintiffs had an opportunity to amend with particularit y it is an abuse of discretion to sustain a demurrer witho u reasonable possibility that the defect can be cured by a burden is on the plaintiff to demonstrate that the trial c Plaintiff must show in what manner h...

Excerpt: ... the Plaintiff need not oppose the motion and the motio Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.) I burden, the burden shifts to the Plaintiff to produce evi existence of a triable issue of material fact. (Code Civ. (p)(2); Aguilar, 25 Cal.4th at pp. 850-51.) The elements of a negligence claim and a premises lia b duty of care, breach of that duty, and proximate cause v. Christian (1968) 69 Cal.2d 108.) A property owner i reasonable ca...

Excerpt: ... any motions seeking relief or affirmatively requesti n filed a joinder in Dr. Wong's demurrer and motion to s t Quisenberry Law Firm (2006) 135 Cal.App.4th 654, 66 0 Additionally, the joinder is moot in light of the ruling o n to Strike and Plaintiffs' filing of a First Amended Compl a Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 11 complaint moots a motion directed to a prior complain t Defendant Matthew P. Hannon, M.D. to give notice. ...

Excerpt: ...t paid in settlement; (3) the allocation of settle m (4) the recognition that a settlor should pay less in set t found liable after a trial; (5) the financial conditions an settling Defendants; (6) the existence of collusion, fra u injure the interests of nonsettling Defendants. (Tech-B i most important factor is the settling party's proportion a Arthur Young & Co. (1995) 38 Cal.App.4th 1337, 1350 . the settlor's potential liability to the Plaint...

Excerpt: ...oofs service documents.”Inversion e Personal Jurisdiction: “Whe by a preponderance of the evi d affidavits and authenticated d o 1233. Purposeful Availment: “Th e entity under state substantive separate person or entity to e n “Instead of focusing on the qu protections of California law t o relating to its products.” As Y o “[T]he effects test requires a s conduct would cause harm in t Novus contracted with Holy S m companies. There i...

Excerpt: ...oc., § 473(d) [emphasis added].) A Judgment may be void a for a number of reasons, including lack of personal jurisdiction over the Defendant. When a Defendant challenges the Court's personal jurisdiction on the ground of improper service of process the burden is on Plaintiff to prove the facts requisite to an effective service. (See Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) Code of Civil Procedure section 415.20(b) sets forth the ...

Excerpt: ...ith attempt at personal service, an individual Defendant may be substitute serve by: (1) leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box; (2) in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing addr...

Excerpt: ... o r 500.) The most important factor is the settling party's proportionat e consider not only the settlor's potential liability to the Plaintiff, but a Seismic Tenant Space, Inc. v. Superior Court (2007) 149 Cal.App.4 t The burden of proof is on the party opposing the good faith determi good faith determination. Also relevant is the likelihood that the set amount includes consideration of the possibility that the Plaintiff wil recover at trial. (...

Excerpt: ...showing is one that is sufficient to support the position of the party in question.” (Id. at 851.) Motions for summary judgment filed by employers in employment discrimination cases are subject to a unique set of rules adapted from the burden-shifting test established by the United States Supreme Court in McDonnell v. Green (1973) 411 U.S. 792. The employer, as the moving party, has the initial burden to present admissible evidence showing eith...

Excerpt: ...action is overruled. The elements of a cause of action for fraud are: (i) misrepresentation; (ii) Defendant's knowledge of the statement's falsity; (iii) Defendant's intent to defraud; (iv) Plaintiff's justifiable reliance; and (v) resulting damage. (Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 230-231; Witkin Summary of Cal Law, Torts § 676.) Fraud must be pleaded with specificity. (Scafidi v. Western Loan & Bldg. Co. (1946) 72 Cal.App.2d ...

Excerpt: ...iance, and (5) damages. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645;Tarmann v. State Farm Mutual Automobile Ins. Co. (1991) 2 Cal. App. 4 th 153, 157 (finding, for allegations against corporation, Plaintiff must allege authority to speak for corporation).) The heightened pleading standard requires “‘pleading facts [that] “show how, when, where, to whom, and by what means the representations were tendered.” ' [Citation.]” (Lazar,...

Excerpt: ...�all of the powers of a natural person in carrying out its business activities”]; Color–Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603–1605.) But a corporation that has had its powers suspended “lacks legal capacity to prosecute or defend a civil action during its suspension.” (Sade Shoe Co. v. Oschin & Snyder (1990) 217 Cal.App.3d 1509, 1512.) Here, the parties agree that Defendant Tucker Family Restaurant, LLC has been suspended...

Excerpt: ...California Civil Code section. 3294(a). Section 3294(c)(1) defines “malice” as “conduct which is intended by the Defendant to cause injury to the Plaintiff or despicable conduct which is carried on by the Defendant with a willful and conscious disregard of the rights or safety of others.” In 1987, the Legislature amended the statute to add a criterion for “unintentional malice” which requires a Plaintiff to prove that the conscious di...

Excerpt: ...-2017-00951068. The Motion to Vacate Set Aside Request for Entry of Default by Defendants Rebecca Adkinson and Sarosh Abdullah (Quadri) is GRANTED. Defendants Rebecca Adkinson and Sarosh Abdullah (Quadri) (“Defendants”) move to set aside the default entered on January 15, 2019 on the ground that the default is void (Code Civ. Proc., § 473(d).) Defendants argue that the entry of default is void for ineffective service of process. “ ‘[C]om...

Excerpt: ...mit for the completion of discovery (the 15th day before the date initially set for trial) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. (Code Civ. Proc., §§ 2034.610(b); 2024.020(a).) Under exceptional circumstances, the court may permit the motion to be made at a later time. (Code Civ. Proc., § 2034.610(b).) Pursuant to Section 2034.620, the court shall grant leave to augment or amend a...

Excerpt: ...procedural aspects of the FAA, on the other hand, do not apply here. (Avila v. Southern California Specialty Care, Inc. (2018) 20 Cal.App.5th 835, 840-41, citing Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899, 922; see also Cable Connection, Inc. v. DIRECTV, Inc. (2008) 44 Cal.4th 1334, 1351.) The agreements have no express provision for FAA procedural rules to apply and, as such, the CAA procedural rules apply. A party moving to comp...

Excerpt: ... punitive damages in a complaint lacking factual foundation. (See Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.) Punitive Damages. The motion is denied as to paragraph 47 and the prayer for punitive damages. Punitive damages are available in actions “for breach of an obligation not arising from contract.” (See Civ. Code, § 3294(a).) To plead a claim to recover punitive damages, a Plaintiff must plead and show...

Excerpt: ...be accompanied by a separate statement. (Code Civ. Proc., §§ 2030.300, 2033.290, 2031.310, 2016.040; Cal. Rules of Court, rule 3.1345, subd. (a).) Defendant satisfied each of these requirements. Special Interrogatory No. 16 asks: Do you contend that you have in your possession journals in which you write down descriptions of past events and occurrences so as to assist in guiding your memory recall ability? Plaintiff responded: Objection: Violat...

Excerpt: ...here, also lacks capacity to sue in California. (CM Record Corp. v. MCA Records, Inc. (1985) 168 Cal.App.3d 965, 968-969.) The lack of capacity cannot be cured merely by assigning the claim to another entity. For example, if a suspended corporation assigns a judgment to a corporation in good standing, the assignee corporation cannot enforce the judgment. (Cal-Western Business Services, Inc. v. Corning Capital Group (2013) 221 Cal.App.4th 304, 313...

Excerpt: ...y move for an order compelling a further response to requests for admission if that party deems that either or both of the following apply: an answer to a particular request is evasive or incomplete; and/or an objection to a particular request is without merit or too general. If a timely motion to compel has been filed, the burden is on the responding party to justify any objection. (See Coy v. Super. Ct. (1962) 58 Cal.2d 210, 220-221.) RFA Nos. ...

Excerpt: ...Kelley v. Trunk (1998) 66 Cal.App.4th 519, 523; Garibay v. Hemmat (2008) 161 Cal.App.4th 735, 741.) Expert testimony is also required to demonstrate causation to a reasonable medical probability. (Jones v. Ortho Pharmaceutical Corp. (1985) 163 Cal.App.3d 396, 402 (Jones); Chakalis, supra, 205 Cal.App.4th at p. 1572.) Defendant met its initial burden on this motion by demonstrating the lack of breach or causation through the declaration of Daniel ...

Excerpt: ...he identification of potential witnesses. “'The disclosure of the names and addresses of potential witnesses is a routine and essential part of pretrial discovery.'. . . Indeed, our discovery system is founded on the understanding that parties use discovery to obtain names and contact information for possible witnesses as the starting point for further investigations. . . .” Puerto v. Superior Court (2008) 158 Cal.App.4th 1242, 1249–1250. P...

Excerpt: ... more favorable than the statutory o more favorable than the statutory offer, Plaintiff seeks reporter fees to the verdict. On 4/14/18 and 4/17/18, the parties exchanged e-mai split the court reporter fees at trial. This agreement oc c was made. In addition, Plaintiff made the payment of h the completion of the trial. Therefore, the payment of c costs. “It is well established that where, as here, the section Plaintiff's preoffer costs are inclu...

Excerpt: ...ion, or fraud.Allegations that Defendant was a w rented premises that could cause injury to the tenants repair the defect were untimely, inadequate, ineffectiv e are not sufficient. They do not support the conclusion t injure Plaintiff or acted in reckless disregard for her sa f Case Management Conference The Court sets this matter for an estimated 7 day jury 9:00 a.m. and a Mandatory Settlement Conference for both in Department C24. Any party re...

Excerpt: ...ess. (Code Civ. Proc., § 20 2 Gilbert (2011) 196 Cal.App.4th 1495, 1516.) Sanctions, however, are not impos e v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992; Caryl Richards, Inc. v. S Cal.App.2d 300, 303.) It is only when a party persists in disobeying the Court's O of dismissing the action or entering Default Judgment are justified. (See Deyo v. 771.) Here, the Court's 11/16/2018 order required Defendants/ Cross-Complainants M a provid...

Excerpt: ....3d 593, 604.) Defendant's Request for Judicial Notice is denied as to all but Exhibits 1 and 3, a s of any exhibits. The special Demurrer on grounds that Plaintiff lacks legal capacity to sue is susta i amend. (Code Civ. Proc., § 430.10, subd. (b).) Here, the First Amended Compl a has been damaged and specifically, if or how Plaintiff is entitled to any funds abs c First Amended Complaint alleges Plaintiff and Hutchison are sole beneficiaries t...

Excerpt: ...ances the equities: (1) whether the moving party is likely to suffer greater injury from a denial of the injunction than the responding party is likely to suffer from its grant and (2) whether there a reasonable probability that the moving party will prevail on the merits. (Teamster Local 856 v. Priceless, LLC (2003) 112 Cal. App. 4 th 1500, 1509.) “A Preliminary Injunction is proper only if there is a substantial basis to suppose that the Defe...

Excerpt: ...(10) days of this ruling. Defendant's Request for Judicial Notice is denied. Defendant requests for the Court to take judicial notice of documents previously filed in this case. It is unnecessary to ask the Court to take judicial notice of materials previously filed in this case. “[A]ll that is necessary is to call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2016) �...

Excerpt: ...orth a brief background of the case is sufficient. (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.) Defendant Wesco Insurance Company, Inc. has satisfied its minimal burden to set forth the grounds of good faith and a brief background of the case. Together, its moving papers and supporting declaration adequately set forth the nature of the case and all pertinent facts, the settling parties' relative litigation positions...

Excerpt: ...ce to the subject matter (e.g., how the information in the documents would tend to prove or disprove some issue in the case), and (2) specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial). (Glenfed Develop. Corp. v. Super. Ct. (1997) 53 Cal.App.4th 1113, 1117.) Arguments made in the moving papers are insufficient to satisfy this requirement; good cause must be shown by ...

Excerpt: ... Obj. no. 5 to ¶ 11 (page/line 5:14-19) is sustained on the grounds of legal conclusion (see Towns v. Davidson, supra, at 472-473); and Obj. no. 7 to ¶ 13 (page/line 5:25- 6:10) is sustained only as to the statements at page/line 5:25-6:3 on the grounds of legal conclusion (see Towns v. Davdison, supra, at 472- 473). The remainder of the evidentiary objections to the Rabinoff declaration are overruled. Defendant H2O's evidentiary Obj. no. 2 to ...

Excerpt: ...this action only on the issue of damages. The court finds that Plaintiff's noneconomic damages were $20,000. By applying the amount that Plaintiff was comparatively at fault for 40%, the net award for general damages was $12,000.00. The award of “zero” damages is inadequate as a matter of law. Plaintiff injured his neck and right shoulder. He received multiple trigger point injections for his neck. In March 2015, he underwent a right rotator ...

Excerpt: ...Defendant's request for judicial notice is granted. First Cause of Action for Breach of Oral Contract. Plaintiffs fail to state sufficient facts to constitute a cause of action for breach of oral contract. The alleged oral contract falls within the statute of frauds. (Civ. Code, § 1624(a)(3) [an agreement for the sale of real property or an interest in real property comes within the statute of frauds]; see also Secrest v. Security Natn'l Loan Tr...

Excerpt: ...ud claim by alleging that Plaintiff mailed his application to the address generated on Defendant's website and that Defendant returned the application, claiming it was mailed to the wrong address. (FAC, ¶ 17.) Plaintiff also claims that Defendant failed to properly ensure that his application was complete before it forwarded it to the British Consulate. (FAC, ¶ 20.) Nevertheless, Plaintiff still has not pled the elements of a fraud cause of act...