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Excerpt: ...al distress]: Cross-Complainant fails to allege facts showing Cross-Deft, Lily Zheng, engaged in extreme and outrageous conduct; Sustain with 10 days leave to amend Strike Portions of Cross-Complaint [by Jack Zheng and Lily Zheng] Motion to Strike is moot as to Lily Zheng [see above]; Deny Motion as to Jack Zheng; The Cross-Complaint alleges a cause of action for battery against Jack Zheng, which supports punitive damages based on malice; Jack Zh...

Excerpt: ...e Cross-Complaint against these third-parties; Finally, the proposed Cross-Complaint does not state a valid claim for declaratory relief and any indemnity claim is preserved for a future litigation if liability is found against Defts; Deny motion. ...

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Excerpt: ...of duty but only that there was some kind of duty – but such a determination would not adjudicate an entire issue of duty and is not permitted under CCP § 437(c)(f)(1); Deny Motion; Compel Answers to Form Interrogs and Compel Responses to Req for Admissions The Court cannot go behind Disk's assertions of reasonable investigation and cannot compel different answers to Requests for Admissions even if they are apparently false; Deny; The Court no...

Excerpt: ...d for purposes of demurrer; Overrule; 6 th cause of action [unfair competition B&P 17200]: Since the allegations of the other causes of action are sufficient, this one is too; Overrule; Defts' Answers to be filed and served within 10 days; Strike Portions of 2 nd Amended Complaint Damages cannot be recovered for an unfair competition claim [B&P 17200]; Strike the request for monetary damages in the Prayer for the 6 th cause of action without leav...

Excerpt: ...ance out or minimize the intrusion; Further, the information may be available from other sources or through less intrusive means; Pltf has given no explanation as to why information about Ms. Wolff's salary or history of discipline or being accused of theft at work for the last 10 years is relevant; Pltf has shown no interest in, or need for, the information that can be balanced against Ms. Wolff's right to privacy; To the extent how Defts usuall...

Excerpt: ...t award; Sustain without leave to amend. ...

Excerpt: ...d; Pltf to provide a Code-compliant response to this request; #8: Pltf did not justify her objections to this request; She did not provide a privilege log for any documents that may be protected; Pltf does not state she made a diligent search and reasonable inquiry; Pltf to provide a Code-compliant response to this request; #9: Pltf did not justify her objections to this request; She did not provide a privilege log for any documents that may be p...

Excerpt: ...iciary at the time of Michael's death; Tracey's arguments about her and Michael's intent to remain as the beneficiary cannot alter the express terms of the Plan as a matter of law; Deny motion and vacate trial date as to these Defts; Joinder in Summary Judgt/Adjudication [by Shaver] GAL for minor has a different burden on Summary Judgment than does Kagan; It is not clear what Mason seeks as relief; No evidence is submitted; Though Requests for Ju...

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Excerpt: ...d the improper request for punitive damages under the 9 thcause of action: Grant with 10 days leave to amend; Re the request to strike the punitive damages in the 8 thcause of action: Deny as moot; Re the requests to strike factual allegations: Deny; Deft can raise statute of limitations as an affirmative defense. ...

Excerpt: ...adequately alleged; Without a contract, this cause of action fails; Sustain with 10 days leave to amend; 3 rd cause of action [B&P Code § 17200]: Pltf admits in his 1 st Amended Complaint that he defaulted on the loan; Pltf's home was subject to nonjudicial foreclosure because of his own default, which occurred before Deft's alleged wrongful acts; Sustain with 10 days leave to amend. ...

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Excerpt: ...ing punitive damages – The Judgment does not state that punitive damages were awarded; Deny motion. ...

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Excerpt: ...ntations to Pltf's clients to persuade them to move to Oropallo's firm; Defts established the notices sent were in accordance with the guidelines set forth in the State Bar's Formal Opinion; No samples of letters were provided on WCSC's letterhead to show misrepresentations; Finally, the stipulated language in the TRO limits Defts actions based on whether a client retained Defts before 5/16/2018; Deny without prejudice. ...

Excerpt: ...ally, Pltf alleges injury in California; Deft has failed to meet his burden to show that the exercise of jurisdiction is unreasonable; Deny; Strike Complaint [by Boctor] The grounds for the Motion to Strike do not appear on the face of the pleading under attack as required; Further, Moving Party cannot base his Motion to Strike the Complaint on extrinsic evidence; Deny; Vacate Default[by Alpha Omega] A corporation must be represented by an atty; ...

Excerpt: ...very of other incidents of hidden camera devices to California only; The Minute Orders do not reflect that and neither do the transcripts from the respective hearings; Prior discovery requests did not have any geographical or temporal limitations; These Special Interrogs limit the discovery to a five and a half year period within the United States; On 6/1/16, the Court said it was ruling out Europe – then the Court said in the 6/22/16 hearing t...

Excerpt: ...rein Tabatabai would owe a duty of care to Pltf; Sustain with 10 days leave to amend; Strike Portions of Complaint Pltf's request for punitive damages, without leave of court, is improper; Pltf, however, is not prohibited from alleging facts that may support a request for punitive damages; Grant; Compel Answers to Form Interrogs No opp; Service proper; Requests were properly served; Responses not timely served; Pltf to serve responses without obj...

Excerpt: ...ut working conditions and asking for a raise, not to any outside governmental entity; Sustain with 10 days leave to amend; Remainder of claims are based on violations of §232 and §232.5; Sustain with 10 days leave to amend; A Tameny claim requires violation of a public policy, and none is alleged here; Sustain with 10 days leave to amend; Strike Pltf fails to state a claim for any of the 5 causes of action asserted; Punitive damages fails as a ...

Excerpt: ...the claims that entitled him a jury trial; Tax $150; Service of Process Fees: Pltf's settlement offer was not properly apportioned; Tax $696. ...

Excerpt: ..., fraud, or oppression; Grant. ...

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