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