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: ...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: ...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: ..., 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 ...

Excerpt: ... amount of costs and ex#nses, including attorney fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.(Civ. Code, S 1794, The plain wording of section 1794, subdivision (d) requires the trial court to base the prevailing buyer's attorney fee award upon actual time expended on the case, as long as such fees are reasonably incurre...

Excerpt: ...(4) violations of Civil Code sections 2924 et seq., (5) violation of Business and Professions Ctxle sections 172W et seq., (6) quiet title, and (7) injunctive relief. The court need not reach the merits of the Demurrer because the Demurrer is untimely. A demurrer must be filed "within 30 days after service of the complaint." (Code Civ. Proc., S 430.40, subd. (a).) The "demurring party shall be granted an automatic 30- day extension of time within...

Excerpt: ... Mar, California, 92625 for the purposes of a destructive testing Site Inspection within ten (10) business days of the Court's ruling. Defendants identify five different locations on the Property where they seek to perform subsurface exploration. Defendants seek to excavate a test pit at each location with varying dimensions — the largest being 18 inches by 18 inches, extending to a depth of approximately 36 inches. Defendant argues these excav...

Excerpt: ... Civil Procedure section 1062.3 states: (a) Except as provided in subdivision (b), actions brought under the provisions of this chapter shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence may be given by law. (b) Any action brought under the provisions of this chapter in which the plaintiff seeks any relief, in addit...

Excerpt: ..., rather than judgment on a particular issue; that a party is only entitled to damages upon proof of liability for the underlying cause of action; that the amount of damages is merely an element of the cause of action; and that this is not a proper use of the summary adjudication procedure as adjudication must be of an entire “cause of action” or claim. Plaintiffs assert they are not asking the Court to issue an order that they should be awar...

Excerpt: ...rises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint. (Code Civ. Proc., S 426.10(c).) When a party fails to file a compulsory cross-complaint at the time of answering the complaint, whether through oversight, inadvertence, mistake, neglect, or other cause, that party may seek leave to file a cross-complaint at any tme during the course of the ac...

Excerpt: ...action is brought, or by a judge thereof; and when granted by a judge, it may be enforced as an order of the court." (Code Civ. Proc., S 525.) Pursuant to Code of Civil Procedure section 527: "A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affdavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. No preliminary inj...

Excerpt: ...served, the proof of service fails to identify the individual on whom substitute service was effectuated, and service was not performed by a registered process server. Thus, the proof of service does not create a rebuttable presumption that service was proper. With regards to The Village Delrey Apartments LLC, Defendants argue there is no evidence of service. Plaintiffs do not oppose the instant motion. Unlike most motions where the moving party ...

Excerpt: ... Court finds this Motion was timely filed. (Code Civ. Proc., S 2025.480(b).) The disputed depositon questions are: • Do you agree that if there's two options, the reasonable person would choose the safer or the reasonable person should choose the safer of the two options? • Do you believe it would have been safer for pu to wait for the intersection to be clear pu made pur left — Defense counsel objected and instructed Defendant not to answe...

Excerpt: ...instant motion does not address all issues in Plaintiff's Complaint, and thus, did not negate all theories of liability alleged by the Plaintiff in his Complaint. There is a three-step analysis for the court to determine a summary judgment motion. (Hawkins v. Wilton (21W6) 144 Cal.App.4th 936, 939-940.) "First, we identify the issues raised by the pleadings. Second, we determine whether the movant established entitlement to summary judgment, that...

Excerpt: ...ormed without a contractor's license. Business and Professions Code secton 7031(a) expressly provides the following: "[NIO person engaged in the business or acting in the capacity of a contractor, may bring or maintain any action, or recover in law or equity in any action, in any court of this state for the collection of compensation for the performance of any act or contract where a license is required by this chapter without alleging that they ...

Excerpt: ...a rough approximation of plaintiff's total recovery and the settlor's proportionate liability; • a recognition that the settlor should pay less in settlement than if found liable after a trial; • the financial conditions and insurance policy limits of the settling defendant; and • evidence of any collusion, fraud, or tortious conduct between the settlor and the plaintiffs aimed at making the non-settling parties pay more than their fair sha...

Excerpt: ... with the Court's May 24, 2023 Order granting Defendant's motons to compel production and responses to form and special interrogatories. The trial court should tailor the sanction for such conduct to "fit the crime." (Reedy v. Bussell 148 Cal.App.4th 1272, 1293.) The court cannot impose sanctions as punishment; the choice of sanctions should not give the moving party more than it would have gotten had the discovery been responded to. (Doppes v. B...

Excerpt: ...ar accidents; (3) the City is entitled to design immunity and had no notice of any alleged dangerous condition; and (4) the Cross-complaint is barred by the Government Claims Act because Snell filed his pleading before submit-tng a government claim. Snell's Evidentiary Objections Objections 1-4: OVERRULED. The City's Evidentiary Objections Objections 1-3: OVERRULED. Snell's Cross-complaint against the City alleges a cause of action for Comparativ...

Excerpt: ... S 473(a).) When a party seeks to amend a pleading, the motion to amend must include a copy of the proposed amendment, state the allegations to be deleted, and state allegations to be added. (Cal. Rules of Court, rule 3.1324, subd. (a).) Moreover, the moving party must submit a declaration that specifies: "(1) [t]he effect of the amendment; (2) [w]hy the amendment is necessary and proper; (3) [w]hen the facts giving rise to the amended allegation...

Excerpt: ...mmons and complaint related to this lawsuit; (2) he is a resident of Montana; (3) he and his wife are separated; (4) his wife lives in Utah with her daughter, Sofia Chapparo, a minor; and (5) he has never resided or stayed at 13311 S. Fort Street in Draper, Utah. [ROA 15, Stringham decl., 2-4.1 "[Clompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. [Citation.]" (Dill v. Berquist Constru...

Excerpt: ... merit if he has shown that one or more elements of the cause of action cannot be established, or that there is a complete defense to that cause of action. Once the defendant has met that burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or defense. [Citations.]" (Caloroso v. Hathaway (2004) 122 Cal.App.4th 922, 926 (Caloroso).) The following facts regarding the...

Excerpt: ...to arbitrate.' [Citation]." (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396, emphasis in original.) The court is to determine whether a valid arbitration agreement exists, and if so, whether the agreement encompasses the dispute at issue. (Omar v. Ralphs Grocery co. (2w4) 118 cal.App.4th 955, 960-961, citing Howsam v. Dean Witter Reynolds, Inc. (2002) 537 U.S. 79, 84; Lifescan, Inc. v. Premier Diabetic Servs., Inc. (9th Cir. 20434) 363 F.3d...

Excerpt: ...sts in the amount of $18,968.50. Motion is DENIED. No sanctions. Joinder (ROA 35) by Defendants ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, RACHEL M. SANDERS, and KARINE AKOPCHIKYAN is granted. The only thing that defendant needs to show to invoke the protection of the antiSLAPP statute is that plaintiffs lawsuit "arises from" defendant's exercise of free speech or petition rights as defined in Code of Civil Prmædures secton 425.16(e). [Equi...

Excerpt: ...laintiff's request to postpone the deposition until the question of stand-ng is adjudicated on Demurrer and agrees to limit request numbers 3 and 4 to the years 2022-2023 and to retract request number 7 pertaining to fraud. Thus, the only remaining issues are whether Plaintiff's deposition should be limited to two hours and whether Plaintiff should be protected from producing his tax returns. Plaintiff's only argument in support of the request to...

Excerpt: ... Plaintiff timely amended to add the following material allegations: • Around April 2021, Plaintiff emailed Defendant's agent an offer to stay in the apartment after the expiration of a lease in exchange for no increase in rent (FAC at p. 2, II. 3-5); Defendant's acceptance of the same rent for a year was a manifestation of acceptance, as it would not have happened without Plaintiff's offer (FAC at p. 2, II. 15-18); • There was no explicit re...

Excerpt: ...d the second cause of action fails to allege the element of duty and there was no fiduciary relationship between JMG and Tolman Wiker outside the bounds of the procurement of insurance. The parties were required to meet and confer in person or by telephone. Counsel for the demurring party called Plaintiff's counsel on May 30 and 31, 2023, but her calls were not returned. She sent an email requesting to meet and confer telephonically. On June 1, 2...

Excerpt: ...endant cannot reasonably ' [Citations.] ' "A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures." ' [Citations.]" (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695.) First, the court finds that the Complaint is not so uncertain as to prevent Defendant from providing an informed response. Second, t...

Excerpt: ...he complaint. [Citations.]" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4th 1228, 1238, provid...

Excerpt: ...Notice, filed on 9-19-23 under ROA No. 34, as immaterial to the court's decision set forth below. (Silverado Modjeska Recreation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.) "A demurrer tests the pleading alone, and not the evidence or the facts alleged. . To the extent there are factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that ...

Excerpt: ...ion for Breach of the Covenant of Good Faith and Fair Dealing) "A cause of acton for breach of contract requires pleading of a contract, plaintiff's performance or excuse for failure to perform, defendant's breach and damage to plaintiff resulting therefrom." (McKell v. Washington Mut., Inc. (2006) 142 Cal.App.4th 1457, 1489.) Defendants contend the first cause of action fails because Exhibit A is not a contract and, even if it was, Plaintiff is ...

Excerpt: ... expressly alleged in the complaint. [Citations.)" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 58 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App...

Excerpt: ... through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. However, in the case of a judgment, dismissal, order, or other pro...

Excerpt: ...tion as to the entire Seventh Cause of Acton based on the grounds set forth in Issue No. 21, but not the grounds set forth in Issue No. 23. There was no piecemeal adjudication of the Seventh Cause of Action. "A motion for summary adjudication shall be granted only it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty." (Code Civ. Proc. S 437c(f)(1).) Soderling Defendants to give notice. Plai...

Excerpt: ...ubdivision (h). The court DENIES the Motion as to Exhibits 14 and 15. The court GRANTS Plaintiff's (Ashley Raminfard) Request for Judicial Notice (PRJN), filed on 9-19-23 under ROA No. 254, as to Exhibits 1, 2, 3, 4, and 5 pursuant to Evidence Code section 452, subdivision (h). The court DECLINES to rule upon Defendants' Objections, filed on 9-25-23 under ROA No. 261, as immaterial the court's decision as set forth below. (Code Civ. Proc., S 437c...

Excerpt: ... specified in the notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production. [q] (b) This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration under Section 2016.040... " Beverly Hospital v. Superior Court (1993) 19 Cal.App.4th 1289, 1294-1295, states, "The purposes of Califo...

Excerpt: ...c. ("CTG") and Jeff Oviedo & Associates Inc. The Motion is GRANTED. Only CTG has filed an opposition, asserting that the motion is procedurally defective and fails to satisfy the requirements of CRC, Rule 3.1324(a) and (b); that the County of Orange has unnecessarily delayed in seeking leave to amend its cross-complaint against CTG by filing its motion and setting a hearing date at the eve of trial as trial is 4 months away; and that the County o...

Excerpt: ...g the Siebel document, the Court would be inclined to GRANT the motion as to Ms. Mock. As Plaintiff does not seek to challenge the attorney-client privilege as to the BRC document, GM is not required to produce it, nor is Ms. Mock required to testify as to its contents. Plaintiff has not established he is entitled to another or different PMK as to these categories. Internal Documents (Laurence Braddell, James Oaks and Kimberly Lukas) The crux of ...

Excerpt: ...le under the law of any State or politcal subdivision thereof, by reason of being the owner of the vehicle (or an affiliate of the owner), for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease, if— (1) the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor vehicles; and (2) there is no negligence or...

Excerpt: ....00. Code of Civ-l Procedure section 1008(a) provides: "When an application for an order has been made to a judge, orto a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made ...

Excerpt: ...evaluated based on the information available at the time of settlement under the followng factors: • the amount paid in settlement; • a rough approximation of plaintiffs total recovery and the settlor's proportionate liability; • a recognition that the settlor should pay less in settlement than found liable after a trial; • the financial conditions and insurance policy limits of the settling defendant; and • evidence of any collusion, f...

Excerpt: ... not subject to execution (e.g., nonexempt loan value of a life insurance policy, property outside California). • They are also an optional means of reaching property that is subject to levy (e.g„ accounts receivable, chattel paper, general intangibles). They may be used alone or in conjunction with other enforcement procedures. • If the assignment order constitutes an "absolute" assignment and is properly perfected, future payments general...

Excerpt: ...laintiff's stated "dual motivation" as a tester for his visit and his stated reason for his intent to return to do not rise that of being a bona fide patron, Plaintiff has not pled intentional conduct, and the only amount in controversy is a single statutory violation of $4,000 under the Unruh Act. As an initial matter, the Court notes Defendants' Demurrer includes an improper motion to strike in the same document. There is no authority presented...

Excerpt: ...o Code of Civil Procedure secton 473(b) as the basis for the relief requested. Code of Civil Procedure section 473 (b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or othe...

Excerpt: ...own. (Code Civ. Proc., 52032.320.) Good cause requires a show-ng of both: (1) relevancy to the subject matter; and (2) specific facts justifying discovery (i.e„ allegations showing the need for the information sought and lack of means of obta-ning it elsewhere). (Vinson v. Superior Court (1987) 43 Cal.3d 833, 840.) Here, Defendant has met its burden. Plaintiff has squarely placed his mental and physical condition at issue by alleging in the Com...

Excerpt: ...e requests may be resolved depending on the success of the onsite inspection and copying on September 18, 2023 at the office of The Rinker Company. (3-4) Defendant Diane J. Rinker ("Defendant") filed a (3) Demurrer and (4) Motion to Strike. As an initial matter, Defendant's request for judicial is GRANTED as to Exhibit 1, the Complaint filed by Plaintiff on November 14, 2022. The request for judicial notice is DENIED as to all other documents. Th...

Excerpt: ...ervice shows the summons and complaint were served by a registered process server. (ROA 9.) The prtnf of service shows the process server made five attempts at personal service before resorting to substitute service. It shows compliance with the statutory requirements of section 415.20(b), including the mailing requirement. The person who was sub-served declined to provide a name but was described as "Caucasian, female, 38 years old, 5'11" tall, ...

Excerpt: ... the alleged condition. "The elements of a cause of action for premises liability are the same as those for negligence." (Castellon v. U.S. Bancorp (2013) 220 Cal.App.4th 994, 998.) The elements of a negligence cause of action are a legal duty owed by the defendant to the plaintiff to use due care, breach of that legal duty, causation, and injury to the plaintiff. (Holmes v. Summer (2010) 188 Cal.App.4th 1510, 1528.) The existence of a legal duty...

Excerpt: ...ating to Plaintiff's claim for punitive damages, including: 1. Paragraph 13 in its entirety located on Page 4 of Plaintiff's Complaint. 2. Paragraph 31 in its entirety located on Pages 7 and 8 of Plaintiff's Complaint. 3. Paragraph 35 in its entirety located on Page 8 of Plaintiff's Complaint. 4. Paragraph 36 in fts entirety located on Pages 8 and 9 of Plaintiff's Complaint. 5. Paragraph 42 in its entirety located on Pages 9 and 10 of Plaintiff's...

Excerpt: ...ent to constitute a cause of action and uncertainty. Initially, the Court notes the opposing points and authorities are over the 15-page limit under California Rules of Court, rule 3.1113(d). The Court disregards the last three pages (pages 21-23). (California Rules of Court, rule 3.1300(d).) First Cause of Action for Disability Discrimination in Violation of the FEHA A prima facie case of disability discrimination requires a plaintiff to show th...

Excerpt: ...denied as untimely. There are two ways to seek vacation or correction of an arbitration award: (1) Code of Civil Procedure section 1288 provdes: "A petition to vacate an award or correct an award shall be served and filed not later than 100 days after the date of the service of a signed copy of the award on the petitioner," or (2) Within 10 days of service of a party's petition to confirm the award, file and serve a timely response. (Civ. Proc. C...

Excerpt: ...on, unlike a natural person, cannot represent itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney." (CLD Construction, Inc. v. City of San Ramon (2CN) 120 Cal.App.4th 1141, 1145.) "It must be represented by licensed counsel in proceedings before courts of record." (Ibid.) Next, the Motion is not accompanied by a proof of service showing the M...

Excerpt: ...n 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 reform Westview's corpor...

Excerpt: ...ss-complaint that Defendants intend to bring a new party into the action, "Cross-Defendant, Gazi Gori." (See Proposed Cross- Complaint93.) As explained by Rutter, "[t]here are no compulsory cross-complaints against parties other than plaintiff." (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial Ch. 6-D (The Rutter Group 2022) 96:524.) However, as long as there is one permissible "related" cause of action in the crosscomplaint, defe...

Excerpt: ...herance of justice, and on any terms as may be proper, allow a party to amend any pleading." (Code Civ. Proc., S 473(a)(1).) "If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse ...