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: ... 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: ...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: ...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: ...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: ...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: ...�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: ...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: ...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: ...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: ...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: ...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: ... 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...