Excerpt: ...laim. Moreover, corporate ratification has not been adequately pleaded. Pursuant to Civil Code section 3294(a), a plaintiff may seek punitive damages for “oppression, fraud, or malice.” Section 3294(c) defines “malice” as conduct which is intended to cause injury or despicable conduct carried on with a willful and conscious disregard of the rights or safety of others. Similarly, section 3294(c) defines “oppression” as despicable condu...

Excerpt: ...in reply is insufficient and does not establish compliance with CRC, Rule 3.1324(a). In addition, Plaintiffs fail to comply with California Rules of Court, Rule 3.1324(a). Plaintiffs provide that there are additional facts and claims regarding Plaintiffs' pre-existing causes of action for breach of fiduciary duty against Mr. Soderling and Mr. Lutton but do not, but the failure to specify what has been deleted or added to the proposed Second Amend...

Excerpt: ...with EON Reality, Inc., a U.S. corporation.” (Complaint ¶5.) Plaintiff further pleads, “Venue is proper in this Court under California Code of Civil Procedure section 395 because Plaintiff's injury was suffered in this County and the relevant records are maintained in this County.” However, it is unclear from the Complaint itself whether the “contracts” referred to is the employment contract with Defendant, or contracts between EON and...

Excerpt: ...ts with the state that the assertion of jurisdiction does not violate ‘traditional notions of fair play and substantial justice.'” (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4 th 434, 444, abrogated on other grounds by Bristol-Myers Squibb Co. v. Superior Court (2017) 137 S.Ct. 1773.) “When a defendant moves to quash service of process on jurisdictional grounds, the plaintiff has the initial burden of demonstrating facts jus...

Excerpt: ... 1-8 which are to the Declaration of S. SHAH. Defendants' Evidentiary Objections to Plaintiff's Evidence in support of Opposition. The Court OVERRULES all Objections Nos. 1-36 which are Declarations of the R. Steele, Esq. and NILESH. Motion. As to the 1 st COA (fraud, Issue Nos. 1 through 3), the Court finds there are triable issues of material fact. Defendants seek summary judgment on the 1 st cause of action for fraud asserted against SANDEEP o...

Excerpt: ...ent in the Complaint. In the alternative, Plaintiff moves for an order granting summary adjudication as to the following issues: Issue No. 1: There is no triable of issue of material fact and the first cause action for Breach of Contract is with merit because Defendants cannot establish that they were entitled to receive any fees on account of the filing of a Petition for Letters of Administration seeking to have Plaintiff appointed the administr...

Excerpt: ...e of Civil Procedure section 1286.2 permits a court to vacate an arbitration award if “[t]he award was procured by corruption, fraud or other undue means” and if “[t]he arbitrators exceeded their powers and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted.” (Code Civ. Proc., § 1286.2, subd. (a)(1), (4).) Corruption, Fraud, or Other Undue Means: This ground applies either to fraud p...

Excerpt: ...e section 1030(a), “[w]hen the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding.” “The motion shall be made on the grounds that the plaintiff resides out of the ...

Excerpt: ...ns to the SUF in the motion, other than a few background facts with respect to each issue. However, if the separate statement sets forth each fact and supporting evidence, the motion complies with the Rules of Court and Code of Civil Procedure section 437c. Defendants also argue that plaintiffs refer to the standard for summary judgment as opposed to summary adjudication. Despite the incorrect reference, it does not affect the court's analysis. M...

Excerpt: ...ment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. (CRC, Rule 3.1324(b).) While the Supplemental Declarations of Cody James Shaver (“Supp. Shaver Decl.”) and Jason J. Fratts (“Supp. Fratts Decl.”) sets forth the effect of the amendment for the second cause of action for breach of fiduciary duty and why the amendmen...

Excerpt: ...rt, DENIED in part. 1st COA (Declaratory Relief): Here, the Cross-Complaint requests at least three separate declarations, which are all are combined into the first cause of action for declaratory relief: 1. A declaration that 150 NCD is a disassociated or “Involuntary Withdrawn” member; 2. A declaration that the vote on February 13, 2019 appointing a second, second manager was void ab initio and that the duplicative second manager has no rig...

Excerpt: ...e of Civil Procedure section 1286.2 permits a court to vacate an arbitration award if “[t]he award was procured by corruption, fraud or other undue means” and if “[t]he arbitrators exceeded their powers and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted.” (Code Civ. Proc., § 1286.2, subd. (a)(1), (4).) Corruption, Fraud, or Other Undue Means: This ground applies either to fraud p...

Excerpt: ...D, as follows. First, Second, Third, Eighth, and Ninth COAs These five causes of action relate to the fraud-based causes of action, and include the First Cause of Action for Fraud, Second Cause of Action for Negligent Misrepresentation, Third Cause of Action for Intentional Misrepresentation, Eighth Cause of Action for False Promise, and Ninth Cause of Action for Nondisclosure of Material Facts. The alleged representations and/or promises made by...

Excerpt: ...mental responses were served and further meet and confer efforts took place. The main issue is whether the supplemental responses are proper. Conteas served the subject Form Irogs as the defendant on the complaint by plaintiff. (See Liberto Decl., Exh. 2, Form Irogs.) Additionally, the “Incident” refers to the dispute over the payment of legal fees. (Ibid.) The Form Irogs do not indicate that information is being sought with regard to Conteas...

Excerpt: ...use Plaintiff has no standing to assert that claim. Pursuant to Civil Code section 5975, subd. (a) a party must be either an “owner of a separate interest,” an “Association,” or “both” in order to enforce equitable servitudes such as covenants, conditions and restrictions (“CC&Rs”). Plaintiff fits no such description, by his own admission, and he thus lacks standing to purse this claim. THIRD COA (Nuisance) Issue No. 2: The GARRUB...

Excerpt: ... 3. Motion to compel further responses by cross-complainant/defendant Alexandra Vanegas to Plaintiff's Requests for Production of Documents, Set One 4. Motion to compel further responses by cross-complainant/defendant Dylan Kim to Plaintiff's Requests for Production of Documents, Set One 5. Motion to compel further responses by cross-complainant/defendant Jay Sohn to Plaintiff's Requests for Production of Documents, Set One Meet and Confer: Prior...

Excerpt: ...ash Service of Summons, on the ground of lack of jurisdiction. Pursuant to section 410.10, “[a] court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” “A state court's assertion of personal jurisdiction over a nonresident defendant who has not been served with process within the state comports with the requirements of the due process clause of the federal Con...

Excerpt: ...wing non-parties: McCormick Ambulance, The Pain and Rehabilitation Medical Group, Torrance Memorial Medical Center, United Healthcare Services, and Beach City Orthopedics for records relating to Bennett, and McCormick Ambulance for records relating to Espinoza. In the alternative, Plaintiffs seek a protective order limiting the scope of the subpoenas to records that predate the trial in the underlying tort action, September 4, 2018, and restricti...

Excerpt: ...se he is not, and never has been, a percipient witness; his sole involvement has at all times been as lead litigation counsel for various Defendants since he was first retained in or about October 2016 in response to Plaintiffs' initial lawsuit; and he does not have any information relevant to the claims or defenses asserted in this case other than from information he has gathered through attorney-client communications, his own work product and t...

Excerpt: ... property, recorded as Document No. 2020000331529, in the official records of the Recorder's Office of Orange County on or about July 13, 2020, by Plaintiff, KPRS Construction Services, Inc. (“KPRS”). As an initial matter, KPRS' opposition was filed and served late on 11-17-21. However, as a reply has been timely filed and served, addresses the merits of the opposition, and does not argue prejudice as a result of the late opposition, the Cour...

Excerpt: ...ices, Inc., et al. v. Gregg Gann, et al. (the “Derivative Action”) with OCSC Case No.: 30- 2021-01184693-CU-BT-CJC captioned, Gregg Gann, an individual; Westview Services, Inc., et al. (“Gann v. Leiba”). Defendant Gregg Gann (“Gann”) opposes the motion on the procedural and substantive grounds. It is unclear whether the Notice of Motion to Consolidate was filed in Gann v. Leiba as required by CRC, Rule 3.350(a)(1)(C). Leiba's contenti...

Excerpt: ...ition are no longer at issue since the matter was continued multiple times. The merits are addressed below. The Undisputed Material Facts (UMFs) are repeated throughout the separate statement and were renumbered with each issue. To avoid confusion, the court will refer to the number that the fact was first mentioned. Objections: The court overrules plaintiff's single objection to defendant's evidence. As to defendant's objections, the court susta...

Excerpt: ...of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. (Code Civ. Proc., § 473(a)(1).) The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an...

Excerpt: ...statute of limitations for fraud (COAs 1 and 3-6) are OVERRULED; the demurrers to the 1 st and 5 th COAs for breach of fiduciary duty are OVERRULED; the demurrers to the 2 nd and 3 rd COAs for breach of oral contract and common counts, respectively, are SUSTAINED with 20 days leave to amend. SPECIAL MOTION TO STRIKE (ANTI-SLAPP) AND MOTION TO STRIKE PUNITIVE DAMAGES: Courts use a two-step process for determining whether an action or a claim is a ...

Excerpt: ...of each of the 6 th through 10 th affirmative defenses of plaintiff Orange County Association for Mental Health dba Mental Health Association of Orange County [“MHAOC”] and BT Investment Properties, LLC's [“BT”] Answer to the Complaint 3. Summary judgment of MHAOC's Cross- Complaint The Motions are DENIED. 1. Motion for Summary Judgment – 2 nd COA (public nuisance per se) Through this Motion the City of Santa Ana asks the Court to enter...