Excerpt: ...ng the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision.” There was substantial evidence to support the verdict, including, but not limited to, Plaintiff's significant knee injury and the resulting blood clot which lead not only to a life-threatening pulmonary embolism but a permanent condition identified as post-...

Excerpt: ...y be exercised to permit the amendment of pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) If the motion to amend is timely made, and there is no showing of prejudice, then it is error to deprive a party of a meritorious cause of action or a meritorious defense. (See Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.) Although KBSGI may have had some information about cross-defendants since 2015, KBSGI made its motion withi...

Excerpt: ...on of the conspiracy, (2) a wrongful act done in the furtherance of the conspiracy, and (3) the resulting damage to the plaintiff. (Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal. 4th 503, 510-11.) Plaintiff's allegations fail to establish any underlying tort committed by Defendants. Accordingly, the demurrer is sustained as to this cause of action. Second Cause of Action for Fraud. The elements of a claim for fraud are: (a) a m...

Excerpt: ...is the Trustee's Deed Upon Sale, which was recorded on 5/10/18. In the foreclosure sale, The Leasure Trust #21091, GR Development Inc., as Trustee was purchaser the property. “The doctrine of the ‘bona fide purchaser' can be generally described as follows: The purchaser or encumbrancer who pays valuable consideration for his interest in real property in good faith and who records his interest, receives his interest free and clear of all prior...

Excerpt: ... by some form of contract, express or implied, formal or informal.'” Responsible Citizens v. Superior Court (1993) 16 Cal.App.4th 1717, 1732. Plaintiffs fail to allege an attorney-client relationship. Second Cause of Action for Breach of Fiduciary Duty against Clemmer: “The creation of a fiduciary obligation or duty must, at a minimum, arise from facts demonstrating the formation of a confidential relationship. None are present here. ‘A fid...

Excerpt: ...formed a medical procedure without the plaintiff's consent OR the plaintiff consented to one medical procedure, but the defendant performed a substantially different medical procedure; 2) The plaintiff was harmed; and 3) The defendant's conduct was a substantial factor in causing plaintiff's harm. Conte v. Girard Orthopaedic Surgeons Medical Group, Inc. (2003) 107 Cal.App.4th 1260, 1269. Here, the Complaint alleges that the Defendant, Dr. Moniak,...

Excerpt: ... herself, and one signed by Plaintiff's counsel. Plaintiff's declaration, however, was signed outside of California. In fact, Plaintiff submitted two declarations. On 6/18/2018, Plaintiff filed a declaration, in which Plaintiff stated: “I declare under penalty of perjury that the foregoing is true and correct. This declaration was executed on June 18, 2018 in Seattle, WA.” On 6/29/2018, Plaintiff filed another declaration, in which Plaintiff ...

Excerpt: ...ued the subpoena should be limited to those areas. Defendants adequately addressed this concern by causing the subpoena to be withdrawn and issuing an amended subpoena limited to the body parts for which Plaintiff is claiming injury. Thus, the motion to quash is moot as to this issue. Second, Plaintiff requested that the subpoena be limited to 10 years prior to the subject accident. The subpoena originally did not contain any temporal limitation....

Excerpt: ...e to a plaintiff who proves abuse of a “person residing in this state, 65 years of age or older.” (Id. at 404; Welf. & Inst. Code, § 15610.27.) The Act defines abuse as physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering or deprivation by a care custodian of goods or services necessary to avoid physical harm or mental suffering. (Id., Welf. &...

Excerpt: ...27, 933, fn. 15), no balancing is required here because Defendants base their motion solely on the contention that the parties' agreement contains a mandatory forum selection clause, and that contention has no merit. The parties here entered into a Demand Promissory Note and Loan and Security Agreement on or around 09/09/2013. (Kanamouie Decl. ¶ 3, Ex. A.) Section 21 of that agreement provides for mandatory forum selection of only Borrower-initi...

Excerpt: ...he defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Judgment of Dissolution between Plaintiff Wendy Sawyer and Defendant Stephen Sawyer includes the following release: Except as otherwise provided for in this Agreement, each party releases, holds harmless and indemnifies the other from any and all demands, attorney fees, costs, expenses, l...

Excerpt: ...while the party seeking protection may identify feasible alternatives that serve the same interests or protective measures that would diminish the loss of privacy. A court must then balance these competing considerations.” Williams v. Superior Court (2017) 3 Cal.5th 531, 552 “[W]henever discovery of facially private information is sought, the party seeking discovery must demonstrate a ‘compelling state interest' or ‘compelling need.'” W...

Excerpt: ...ls, arbitral finality is a core component of the parties' agreement to submit to arbitration.” (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 10.) Generally, courts cannot review arbitration awards for errors of fact or law, even when those errors appear on the face of the award or cause substantial injustice to the parties. (Id. at 6, 28.) The California Arbitration Act (Code Civ. Proc., § 1280 et seq.) provides limited grounds for judicial ...

Excerpt: ...n in violation of Government Code section 12940(h), respectively. Defendants Cybertech Lighting, Inc., Imran Parekh, and Rizwan Parekh Plaintiff alleges that he was the employee of Defendants Delta Sportswear, Inc., Cybertech Lighting, Inc., Imran Parekh, and Rizwan Parekh. (FAC, ¶ 2.) The FAC asserts the first and second causes of action for wrongful termination against all Defendants. (See FAC, ¶¶ 9-12; 13-16.) Defendants' submitted evidence...

Excerpt: ...rt may, in furtherance of justice and on any terms as may be proper, allow a party to amend any pleading....' (Code Civ. Proc., § 473, subd. (a)(1).) However, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. . . . The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. . . .'” Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, ...

Excerpt: ...ce; and (e) resulting damage.'” Engalla v.Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 973–974. “In California, fraud must be pled specifically; general and conclusory allegations do not suffice. . . . ‘Thus ‘the policy of liberal construction of the pleadings ... will not ordinarily be invoked to sustain a pleading defective in any material respect.'. . . This particularity requirement necessitates pleading factswhich show how...

Excerpt: ...rth Causes of Action are duplicative. The cross-complaint failed to allege the required elements. There must be an actual existing economic relationship as opposed to mere speculation. Third Cause of Action for Breach of Contract: Cross-complainant failed to allege a term of the contract that Vogel breached. The contract was not set out verbatim or attached to the pleading. “'To state a cause of action for breach of contract, a party must plead...

Excerpt: ... section 1987.1(a) provides that: “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at 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...

Excerpt: ... claimed to be liable for the same tort, or to one or more other co-obligors mutually subject to contribution rights…it shall reduce the claims against the others in the amount stipulated by the release, the dismissal or the covenant, or in the amount of the consideration paid for it, whichever is the greater.” “[T]he offset provided for in section 877 assures that a plaintiff will not be enriched unjustly by a double recovery, collecting p...

Excerpt: ...el is disfavored for public policy reasons and permitted only in very limited circumstances. (Spectra-Physics (1988) 198 Cal.App.3d 1487, 1494.) The court adopted the three-part test for determining the propriety of a deposition of opposing counsel. “The circumstances under which opposing counsel may be deposed are limited to those where (1) no other means exist to obtain the information than to depose opposing counsel; (2) the information soug...

Excerpt: ...he alleged arbitration agreement on behalf of the resident where, as here, the arbitration agreement has been signed by such an agent. (Goldman v. SunBridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1173; Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1130, fn. 6.) Defendants have not met this burden. “ ‘[A]gency cannot be created by the conduct of the agent alone; rather, conduct by the principal is essential to create the agenc...

Excerpt: ...equires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” Code Civ. Proc., § 2025.420(h). “The burden is on the party seeking the protective order to show good cause” for the order sought. Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255, citing Goodman v. Citizens Life and Casualty Insurance Company (1967) 253 Cal.Ap...

Excerpt: ...ings or other appropriate proceedings.'” Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048. Cross-Defendant will have the opportunity to test the viability of the amended pleading on demurrer. Prejudice: “It is well established that ‘California courts ‘have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization...

Excerpt: ...her that evidence was sufficient to prove the claims or defenses asserted by the opposing party and now embodied in the jury's verdict. (See Hauter v. Zogarts (1975) 14 Cal.3d 104, 110.) A motion for JNOV “may be granted only if it appears from the evidence, viewed in the light most favorable to the party securing the verdict, that there is no substantial evidence in support.” (Sweatman v. Dept. of Veteran Affairs (2001) 25 Cal.4th 62, 68.) C...

Excerpt: ...t of any award against him. Pursuant to CCP 2031.310 (h), the Court denies sanctions because it would be unjust under the circumstances. Defendant to give notice. ...