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: ...n or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc. § 437c(a)(1).) “A summary judgment may be granted only where it is shown that the entire ‘action' ‘has no merit.' [Citation.]” (Hypertouch, Inc. v. ValueClick, Inc. (2011) 192 Cal.App.4th 805, 834.) There is a three-step analysis for the court to determine a summary judgment motion. (Hawkins v. Wilt...

Excerpt: ...rbug Smart 2, fails because the Smart 2 was not part of the parties contract. TCTs evidentiary objection no. 24 to the Carlos Becerra declaration is OVERRULED. As to the remainder of the objections, the Court need not rule on them as they are not material to a disposition of this Motion. (Code Civ. Proc., § 437c(q).) The sole dispute in this case is whether the term “Jitterbug Smart” in the parties SOW was intended to include the subseque...

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....

Excerpt: ..., 4-5.) Plaintiff seeks an order compelling Defendant TCT Mobile (LIS), Inc. to respond further to Plaintiff's Second Set of Special Interrogatories, Nos. 53-78 and to Plaintiff's Third Set of Requests for Production, Nos. 2844. WSA contends the documents and information sought, including that related to the period after expiration of the Master Services Agreement ("MSA") at issue in this case, is relevant to whether WSA's interpretation of the c...

Excerpt: ...ting summary judgment on the basis that Plaintiff's compensation was reasonable and approved by the Board, with no self-dealing, and there is insufficient evidence to surmount the business judgment rule. In the alternative, Defendant moves for an order granting summary adjudication in favor of Defendant and against Plaintiff on the following issues: • Plaintiff's cause of action for "injunctive or declaratory relief necessary to change and/or r...

Excerpt: ...laim from the government claim requirement, is unconstitutional. More specifically, Defendant argues section 340.1 violates Section 6 of article XVI of the California Constitution, the Gift Clause, because it retroactively removes the government claim requirement, a substantive element of Plaintiff's causes of action, and improperly attempts to create liability for past acts where no right to recovery existed. Plaintiff does not dispute that his ...

Excerpt: ... Inc. v. Michael A. Boyd Sr., case no. 22 CV005910 in the Franklin County of Ohio Court of Common Pleas: GRANTED to the extent that it was filed, DENIED as to the facts stated therein. Defendant's request judicial notice of an Affidavit, Order and Notce of Garnishment of Property Other than Personal Earning and Answer of Garnishee, received by the County of Cuyahoga on August 26, 2019: DENIED. Defendant Michael Boyd, Sr.'s motion to vacate a defa...

Excerpt: ...intiffs seek the followng: • Issue sanctions, including (1) all allegations contained in in Paragraphs 1 through 44 of the Complaint are established as true and (2) Defendants are prohibited from supporting at trial any of their Affirmative Defenses Nos. 1 through 16. • Evidence sanctions, including (1) Defendants are prohibited from introducing into evidence at trial any evidence to deny or controvert the allegations of Paragraphs 1 through ...

Excerpt: ...acobson") on the grounds his deposition would cause unwarranted annoyance, oppression, and undue burden on him and on the grounds the "apex deposition rule" applies to the taking of his deposition. Alternatively, if the Court finds quashing the deposition is unwarranted, then Defendant seeks an order restricting Plaintiff's deposition to a deposition taken by written questions and limited to no more than fifteen questions pursuant to Code of Civi...

Excerpt: ...Causes of Acton 1-5 are subject to a motion to strike as they are not drawn in conformity with the laws of the state of California, and are not proper or relevant. Plaintiffs first cause of action is for wrongful terminaton in violation of public policy, and it is undisputed that there is no requirement to exhaust administrative remedies before bringing a cause of action for wrongful discharge in violation of public policy. (Medix Ambulance Servi...

Excerpt: ..., it has never been registered to do business in California, nor ever had any offices in California, it has no employees in California, and it does not advertise in California. Plaintiffs' request for judicial notice as to Exhibit 1 is GRANTED. (Evid. Code, S 452(d).) As an initial matter, the parties dispute whether OHI's motion is timely. Plaintiffs contend the deadline to file was September 8. On July 26, 2023, counsel for Plaintiffs stated th...

Excerpt: ...Upon examination, Defendant Vanek found that Plaintiff s teeth numbers 1, 16, 17, and 32, the teeth known as "3rd molars" or "wisdom teeth", each had periodontal pockets in the unhealthy range charted by Defendant Vanek during Ms. Fox's May 4 visit. (UMF No. 1, 3). Thereafter, on May 9, 2022, Defendant Sharobiem, apparently in the same office as Dr. Vanek, performed the surgical extracton of teeth numbers 1, 16, 17, and 32. (UME No. 7) The proble...

Excerpt: ...and is irrelevant. The objection to Exhibit B is OVERRULED. Merits Defendant's first argument is that Plaintiff's Complaint fails to plead sufficient facts in support of her cause of action. As Plaintiff points out, this argument is not well-suited for a motion for summary judgment and should have been brought as a motion for judgment on the pleadings or a demurrer. Thus, the motion based on any insufficiency of the pleadings is DENIED. Defendant...

Excerpt: ...t admonishes counsel that all applicable statutes and court rules should be complied with in the future and the failure to do so may result in the Court taking a motion off calendar or sanctions, where appropriate. Fourth and Fifth Causes of Action for Breach of Contract and Breach of Implied Covenant of Good Faith and Fair Dealing Defendant's Demurrer argues that the breach of contract claim fails because Plaintiff has not set forth any terms or...

Excerpt: .... SHARON JAMIE, JILL CAPUTO and ANITA CHILVERS), it is unclear to which causes of action each Defendants demurs. MP does not indicate the demurrer is brought joint and severally. Notably, if counsel representing several defendants demurs on their behalf jointly (instead of jointly and severally), the demurrer may be overruled if the complaint is sufficient against any one of them, at least where only a special demurrer as to form is involved (the...

Excerpt: ...production of records (set three) within 20 days. No monetary sanctions were imposed. (ROA 175.) Sunglao served responses, which arrived at Plaintiffs' counsel's offce on 8-19-23, but failed to verify those responses. (Declaration of Garrett Skelly, 4-5.) Code of Civil Procedure section 2023.010(g) defines the misuse of discovery process to include "[d]isobeying a court order to provide discovery." Code of Civil Procedure section 2023.030(d) gran...

Excerpt: ...i, Cross Defendant Shadi Nasrawi, Cross-Defendant Maha Nasrawi's Objections to the Declaration of John C. Mulvana are SUSTAINED, except the following objection to Paragraph 7. The objection to paragraph 7 "The litigation that was the subject of the Lysaght retainer, Rabadi, et al. v. Shoubash, et al., Los Angeles County Superior Court Case No. BC459192 (the "Original Action"), was dismissed for failure to prosecute on July 1, 2016" — is OVERRUL...

Excerpt: ...ctions to Declaration of Gregory A. Kaseno, CPA/A8V/CFF, CVA Objection Nos. 4- 9 —OVERRULED. Plaintiff's Evidentiary Objections to Declaration of Allegra Aguirre Objection Nos. 10-11 — OVERRULED. Defendants' Evidentiary Objections to Declarations of Neel Sain, Michael Sanders, Iqbal M. Abdullah, Chris L Boulter, and Eric Archuletta All objections are OVERRULED. Request for Judicial Notce Defendants request judicial notice of the following: 1....

Excerpt: ...y separate statement as the Code does not authorize a reply separate statement. (Code Civ. Proc., S 437c(b)(1), (b)(3), and (b)(4); see also Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252 ["There is no provision in the statute for this [a reply separate statement].) Similarly, the Court declines to consider all new points, arguments, and evidence presented for the first time on reply. (See Balboa Ins. Co. v. Aguirre (1983) 149 Cal...

Excerpt: ... to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (Code Civ. Proc. S 664....

Excerpt: ...the legal owner and the SAC concedes that Rasheen is the legal holder of the title. Plaintiffs argue that quieting title is warranted where title has been acquired through fraud. As with the FAC, the allegations show the alleged agreement was that legal title would remain in Rasheen's name. Thus, it appears that title itself was not acquired by fraud. Plaintiffs do not allege that Nasreen was promised that she would hold the actual, legal title t...

Excerpt: ...by the agreement. Civ. S 1281.2.) "The trial court may resolve motons to compel arbitration in summary proceedings, in which '[tlhe petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of provng by a preponderance of the evidence any fact necessary to its defense. [Citation.] In these summary proceedings, the trial court sits ...

Excerpt: ...; and 3. that Defendants be compelled to pay monetary sanctions to BALBOA in the total sum of up to $2,044.50, which amount comprises reasonable costs and fees incurred in bringing this motion. Code of Civil Procedure section 2023.010 states, in part, as follows: "Misuses of the discovery process include, but are not limited to, the following: . . [9] (d) Failing to respond or submit to an authorized method of discovery. . . . [9] (g) Disobeying ...

Excerpt: ...urt, Rule 3.1350 (b).) And, or alternatively, plaintiff Northern California Collection Service, Inc. moves this Court on Code of Civil Procedure section 437c grounds for an order summarily adjudicating its second cause of action against defendant Love Transit lnc as follows: ISSUE 2 - NORTHERN IS ENTITLED TO JUDGMENT ON THE SECOND CAUSE OF ACTION ON AN ACCOUNT STATED BECAUSE IT PROVED EACH ELEMENT OF THE CAUSE OF ACTION. (Code Civ. Proc., S 437c ...

Excerpt: ...ontends Plaintiff's negligence-based causes of action are not properly pled because (1) it cannot be vicariously liable for the sexual misconduct of its teacher; and (2) Plaintiff fails to suffciently allege any facts showing any requisite prior knowledge/noäce that Mason could not be trusted to act properly without supervision. The issue of vicarious liability was resolved by the California Supreme Court in John R. v. Oakland Unified School Dis...

Excerpt: ...tend this cause of action is barred by the statute of frauds. BZ Trans argues the FAXC alleges performance such that the contract is taken out of the statute of frauds and the contracts are confirmed by the First Amended Complaint alleged against BZ Trans, which arise out of the same alleged oral agreements. When an agreement is not to be performed within a year from the making thereof, such agreement is invalid without either a written contract ...