Excerpt: ... beneficial to its preparation' are disallowed. [Citation.]” ( D o e v. Los Angeles County Dept. of Children & Family Services (2019) 37 Cal.App.5th 675, 693 (Doe).) “The losing party may dispute any or all the items in the prevailing party's memorandum of costs by filing a motion to strike or tax costs. [Citation.]” (Doe, supra, 37 Cal.App.5th at. p. 693.) “‘[T]he mere filing of a motion to tax costs may be a “proper objection...

Excerpt: ...ing and Ridgeway Defendants alternatively move for summary adjudication as to the First, Second, Third, Fourth, Fifth, and/or Sixth Causes of Action as alleged in the Second Amended Complaint (“SAC”). As a threshold matter, Plaintiffs make two procedural arguments for a denial of the motion. Procedural Arguments First, Plaint iffs argue that the motion should be denied because it violates the Court's August 30, 2023 Instruction. Plaintiffs fa...

Excerpt: ...vidence regarding Defendant's purpose and motive for creating speci al b en efi ts fo r Bl a ck emp l oyees ; an d c. A ny ev i d en c e of re ason s for p l ai n ti ff's termination other than the reasons alleged in plaintiff's notice of termination. The Motion also seeks appointment of a discovery referee and an order requiring Defendant to pay for a neutral third -party ESI vendor. The Court may impose a monetary, issue, evidence, or terminat...

Excerpt: ...ed their Request for Judicial Notice as ordered on January 12, 2024. The Request for Judicial Notice is GRANTED. (Evid. Code §§ 451(f), 452(g), 452(h) 452(c); Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 376 [“If a plaintiff alleges compliance with the claims presentation requirement, but the public records do not reflect compl iance, the governmental entity can request the court to take judicial notice under Evidence Code section 45...

Excerpt: ...al of $1,210,647.00. As PFS was the prevailing party both in defending against P laintiff PAR's Breach of Contract cause of action, and in prosecuting its own Breach of Contract cause of action in the FAXC, the Court finds PFS is entitled to attorney's fees pursuant to CC§1717 and the governing contract. Although there is some dispute as to whether the negotiations for “consumables” was a separate contract, this Court finds that because th...

Excerpt: ...h based on Defendant's alleged failure to disclose that the vehicle an d its lithium-ion battery were defective and susceptible to sudden and premature failure. SAC, ¶¶ 83 -94; 95- 112. Defendant argues the 5th c/a and 6th c/a are barred by the applicable three -year statute of limitations. CC § 338; CC § 1783. The claims are su bject to a three- year statute of limitations and, absent any delayed discovery, equitable estoppel or tolling, the...

Excerpt: ...or employees and monetary sanctions in the amount of $1,490.00. “If a d efendant who has demanded a physical examination under this article, on receipt of the plaintiff's response to that demand, deems that any modification of the demand, or any refusal to submit to the physical examination is unwarranted, that defendant may m ove for an order compelling compliance with the demand. This motion shall be accompanied by a meet and confer decl...

Excerpt: ...intiff's Special Interrogatories, Nos. 2, 3, 6 -22, 27 -29, 33, 35, 42, 59 -60, 62 -65 ; and for monetary sanctions against Defendant and defense counsel in the amount of $2500. 3. (ROA 45) Plaintiff Angela Bahri seeks an order to compel Defendant to provide further verified responses to Plaintiff's Form Rogs, Set 1, Nos. 12.112.4, 12.6, 15. 1, 16.1, and 17.1 and monetary sanctions against Defendant and defense counsel in the amount of $2500. 4....

Excerpt: ...s the proximate cause of the alleged decrease in 6S's value from 2016 to the present. Defendant seeks adjudication of a claim for damages, i.e., damages regarding 6S's alleged decrease in value from 2016 to the present, that does not dispose of the entire cause of action. A party may move for summary adjudica tion as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more ...

Excerpt: ...ion to Strike. As an initial matter, the Court notes that De fendants have not satisfied the requirement to meet and confer in person or by telephone. The parties are admonished that the failure to comply with applicable rules and statutes in the future may result in a motion being denied or sanctions, where appropriate. Uncertainty Demurrers for uncertainty “are granted only if the pleading is so incomprehensible that a defendant cannot reaso...

Excerpt: ... of Actions (“ROA”) 649, Declaration of Chris M. Hei kaus Weaver (“Weaver Decl.”), ¶ 9, Ex. 5.) Said Order provides, “[a]s set forth in the tentative ruling adopted herein, the Court abstains pursuant to 28 U.S.C. 1334(c)(1) and allows the Superior Court for the County of Orange, in Case NO. 30 -2018 -00983085 -CU -OE -CJC (‘State Court Action') to complete trial and post- trial matters, but reserves jurisdiction over the discharge o...

Excerpt: ... and 28. The request as to Exhibits 2, 4, 5, 15, and 16 is GRANTED. (Evid. Code, § 452(c).) The request as to Exhibit 28, excerpts of a deposition transcript, is DENIED. The deposition excerpts do not fall within any of the categories of which the Court may take judicial notice. The relevant facts are largely undisputed. Plaintiff purchased property located wit hin San Juan Capistrano in 2013 and obtained a policy of title insurance underwritten...

Excerpt: ...here Bennett breached his duty of fidelity or l oyalty, since Bennett had a legal relationship and owed a duty to Defendant to protect him from risk of harm or death from a third party, which was his co -worker, then later his client. Plaintiff does not address this argument, and thereby arguably concede s Defendant has standing. Notwithstanding the foregoing, “no California case has held that only a client or former client may bring a disqual...

Excerpt: ...ntiffs' Supplemental Brief p. 5:11). Yet they argue that, the conclusion to be drawn from the decision in Law Finance Group is that a petition to vacate the arbitration award must be filed within 100 days of service of the arbitration award. A response to a petition to confirm must be filed within 10 days of service of the petition to confirm and a timely -filed response may seek the remedy of vacatur. The 10 -day period for a response found...

Excerpt: ...etails; and a list of technical service bulletins and informational service bulletins issued for vehicles of the same year, make, and model as the subject vehicle. This is a straightforward Song -Beverly Consumer Warranty Act action. Based on the nature of the case, the Court finds that documents that generally sho uld be produced include repair orders and invoices for the subject vehicle, warranty claims concerning the subject vehicle; warranty...

Excerpt: ...f judgment, Davis's complaint was also dismissed for failure to bring the action to trial within five years. The motions involve the following Cross -Complainants: Notice MPA Cross -Complainants ROA 2295 ROA 2376 John Robert Blank ROA 2296 ROA 2384 John Ephland ROA 2297 ROA 2382 Richard and Brenda Esquerra R OA 2298 ROA 2378 County of Orange ROA 2299 ROA 2380 Empire Communities, LLC; Farm Holdings, LP; and First National Property Investments, LL...

Excerpt: ...l negligence (attorney malpractice), the Complaint alleges Defendants “were hired by Plaintiffs to represent them in a matter where [Defendants] unequivocally were responsible for, inter alia, a motion to vacate or set aside a default judgment . . .” (Compl. ¶122.) The Complaint alleges Defendant s “failed to invoke mandatory relief for their clients when such mandatory relief was readily available with the exercise of a modest amount of d...

Excerpt: ... Cal.3d 311, 318.) No other extrinsic evidence can be consid ered. (Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881.) All material facts properly pleaded, and reasonable inferences, must be accepted as true. (Aubry v. Tri -City Hospital Dist. (1992) 2 Cal. 4th 962, 966- 67.) “A demurrer tests only the sufficiency of the allegations. It does not test their truth, the plaintiff['s] ability to prove them or the possible difficulty in mak...

Excerpt: ...Plaintiff and Defendant. The court agrees. “A fiduciary relationship is any relation existing betw een parties to a transaction wherein one of the parties is in duty bound to act with the utmost good faith for the benefit of the other party.” (Wolf v. Superior Court (2003) 107 Cal.App.4th 25, 29, as modified on denial of reh'g (Mar. 20, 2003) [citations omitted].) “Such a relation ordinarily arises where a confidence is reposed by one p...

Excerpt: ...w that the cause o action arises rom an act in urtherance o the moving party's right o petition or ree speech. Then, i the court determines that showing has been made, the court determines whether the opposing party has demonstrated a probability o prevailing on the claim. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) “At the Þrst step, the moving deendant bears the burden o identiying all allegations o protected activity, and t...

Excerpt: ...ourth causes of action against Defendant GREGORY SANCHEZ for breach of guaranty on the grounds that Defendants have failed to satisfy their obligations under the applicable loan agreements and guaranties. Procedurally, the motion is defective. First of all, while the caption and the notice of motion seek adjudication, it appears Plainti
¯ seeks adjudication of all four causes of action, which if granted, would be summary judgment. Second, the is...

Excerpt: ...t party has proved each element of the cause of action entitling the party to judgment on the case of action. Once the plainti
¯ has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or defense thereto. (Code Civ. Proc. § 437c(p)(1).) A motion for summary adjudication shall proceed in all procedural respects as a motion for summary judgment. (Code Civ....

Excerpt: ...VERRULED. The Brakke Defendants demur to the Third Cause of Action for Professional Negligence. “Ordinarily, an insurance agent assumes only those duties normally found in any agency relationship. This includes the obligation to use reasonable care, diligence, and judgment in procuring the insurance requested by an insured. [Citation.]” (Jones v. Grewe (1987) 189 Cal.App.3d 950, 954; (PaciÞc Rim Mechanical Contractors, Inc. v. Aon Risk Ins. ...

Excerpt: ... (FAC ¶ 1.) Kramer admits he did not pay the challenged assessment but contends he has standing as a homeowner and business owner whose primary residence is located less than one block from the Downtown District and he may be subject to pay the assessment in the future. (FAC ¶¶ 4-5, 9.) “ ‘As a general principle, standing to invoke the judicial process requires an actual justiciable controversy as to which the complainant has a real intere...

Excerpt: ...ims “aris[e] rom” protected activity in which the deendant has engaged. (Code Civ. Proc., 426.15(b) [deÞning protected activity]; Simpson Strong-Tie Co., Inc. v. Gore (2010) 49 Cal.4th 12, 21; Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 66–67 I the deendant carries its burden, the plainti
¯ must then demonstrate the claims have at least “minimal merit.” (Navellier v. Sletten (2002) 29 Cal.4th 82, 89; Baral v....