Excerpt: ...rest supports sealing the record; (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) the proposed sealing is narrowly tailored; and (5) no less restrictive means exist to achieve the overriding interest. (See also NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal. 4th 1178, 1218.) The court denies the request seal the entire settlement agreement as defendant has not s...

Excerpt: ... 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. For the purposes of this section, ‘attorney's fees' means reasonable attorney's fees a party may be authorized to recover by...

Excerpt: ...ne items requested pursuant to Evidence Code section 452(d) and 452(h), but declines to take judicial notice of hearsay statements therein. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 882; Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564.) The plaintiff bears the burden to show all elements necessary to support issuance of ...

Excerpt: ... that Plaintiff suffered from a disability since Plaintiff admits he returned to work with a release to full work duty; (2) the allegations that Plaintiff was experiencing pain in his right wrist and right hand are insufficient to constitute a “disability”; (3) the Complaint fails to allege Defendant knew Plaintiff suffered from any alleged disability; and (4) the Complaint does not allege that Plaintiff was terminated “because of” his di...

Excerpt: ...ies of his everyday business would be severely impeded if every plaintiff filing a complaint against an agency head, in his official capacity, were allowed to take his oral deposition. Such procedure would be contrary to the public interest, plus the fact that ordinarily the head of an agency has little or no knowledge of the facts of the case.” ' ” (Contractors' State License Bd. v. Superior Court (2018) 23 Cal.App.5th 125, 131.) “An excep...

Excerpt: ...t be admissible, they appear reasonably calculated to lead to the discovery of admissible evidence. (Code Civ. Proc., § 2017.010.) Plaintiff alleges more than $900,000 in future loss of earnings capacity related to her inability to complete a career as a veterinarian due to the accident. (Declaration of Connor Stinson (“Stinson Decl.”), ¶¶ 6-7.) Plaintiff's education consists of a high school diploma from El Dorado High School, and one sem...

Excerpt: ...ter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.” (Lazar v. Super. Ct. (1996) 12 Cal.4th 631, 638; In re Estate of Young (2008) 160 Cal.App.4th 62, 79.) Fraud must be pled specifically; general and conclusory allegations do not suffice. (Alfaro v. Community Housing Imp. System & Planning Ass'n, Inc. (2009) 171 Cal.App.4th 1356, 1384.) This particularity requirement necessitates pleading...

Excerpt: ... August 25, 2021, the Court continued the hearing due to insufficient meet and confer efforts by the parties. A declaration of counsel concerning the subsequent meet and confer efforts was timely filed and served on September 1, 2021, and indicates counsel for the parties discussed the issues in the motion by telephone and could not come to a resolution. (Declaration of A. Michael Sabongui, ¶¶ 3-6, ROA 116.) Motion to Strike As a threshold matt...

Excerpt: ...l Contract ¶¶15, 16.) The Declaration of Hootan Ataian also suggests he loaned Defendant HAS $300,000.00 at the request of HSA Manager, Abrahim Etemad Haary. (Decl. of Hootan¶2,3) However, submitted with the Opposition is a Declaration of Haary, wherein he states, “At no time did Hootan Ataian and I discuss that Hootan would be “loaning” money to HAS, nor did I ever tell Hootan that HAS would agree to repay him for the $300,000 that he p...

Excerpt: ...eks to appear as counsel pro hac vice. (Calif. Rules of Court, rule 9.40(a).) Defendant is a LLC and cannot represent itself. (Merco Const. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 731.) Therefore, this motion was improper. Defendant also labeled this motion as a motion to dismiss. The court deems this motion as a motion to quash. Merits: The issue of whether this court has personal jurisdiction over a foreign-state LLC that sold ...

Excerpt: ...bismus, at which time Plaintiff discovered that Defendants negligently diagnosed and treated Plaintiff, resulting in severe and permanent injury to Plaintiff.” Finally, in ¶10 she pleads, “as a foreseeable result of the improper diagnosis and treatment procedures done by Defendants, and each of them, Plaintiff was permanently injured.” (Emphasis added.) Based on these facts, Defendant filed an MSJ addressing the standard of care in perform...

Excerpt: ...e loan amount of $78,800.00 into Borrower's bank account, thereby performing its obligations under the Loan Agreement; on or about July 2, 2019, Borrower breached the terms of the Loan Agreement by failing to timely make its payments and then not making any additional payments on the Loan Agreement; that Borrower made $2,894.68 of its $106,380 obligation; as a result of Borrower's breach of the Loan Agreement, $103,485.32 remains due and payable;...

Excerpt: ...e motion for summary judgment and summary adjudication must be denied. “[T]he moving party should ‘“[i]nclude only those facts which are truly material to the claims or defenses involved because the separate statement effectively concedes the materiality of whatever facts are included. Thus, if a triable issue is raised as to any of the facts in [the] separate statement, the motion must be denied!”'” (Insalaco v. Hope Lutheran Church of...

Excerpt: ...ply with CRC, Rule 3.1354. Procedural Defects: The Court notes Defendants' Notice of Motion and Response to Separate Statement fail to comply with California Rules of Court, Rule 3.1350(b) which states: “If made in the alternative, a motion for summary adjudication may make reference to and depend on the same evidence submitted in support of the summary judgment motion. If summary adjudication is sought, whether separately or as an alternative ...

Excerpt: ...uest for amendment was not made earlier.” “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading….” (Code Civ. Proc., §§ 473, subd. (a)(1), 576.) The court's discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Courts are bound to apply a policy of great liberality in permitting amendments to ...

Excerpt: ...ntiff's causes of action are uncertain as brought against KMA.” However, the “Demurrer” does not set for uncertainty as a ground for the demurrer, nor is this ground for demurrer discussed in the Memorandum. Thus, the Court treats this ground for demurrer as waived. (California Rules of Court, Rule 3.1113(a).) Third COA (Violation of Subdivision (A)(3) of Civil Code section 1793.2): The Complaint states facts sufficient to constitute this c...

Excerpt: ... identifying any documents it has withheld on the basis of those objections, as required under Code of Civil Procedure section 2031.240(b)(l). Defendant argues (without proof) that it served verified responses and supplemental verified responses to these requests. Defendant suggests it produced all the documents relating to these demands. It appears the disputes may be moot. However, a responding party may not self-select its preferred responsive...

Excerpt: ...ses to BRE's Form Interrogatories, Set Two, No. 17.1, and to Requests for Admission, Set One, Nos. 1-3, 6-17. Plaintiff asserts causes of action for premises liability, negligence, and negligence per se, and has placed BRE's ownership and possession of the subject property at issue in this lawsuit. (See Complaint, ¶¶ 5, 19.) Thus, the subject matter of the instant requests are proper. The responses to Requests for Admission, Set One, Nos. 1-3, ...

Excerpt: ...o plaintiff therefrom.” (Wall St. Network, Ltd. v. New York Times Co. (2008) 164 Cal. App. 4th 1171, 1178.) Here, Plaintiff presents evidence that on or about September 18, 2019, Defendant NEW LEAF, as “Borrower”, Borrower executed and delivered to Plaintiff a Business Loan Agreement, agreement number 7-476483-1 (the “Loan Agreement”); that Borrower received an original loan in the principal amount of $31,000.00; that the Loan Agreement...

Excerpt: ...uiet Title by Way of Easement by Necessity; (3) Third Cause of Action to Quiet Title by Way of Easement by Collateral Estoppel; and (4) Fourth Cause of Action to Quiet Title by Way of Equitable Easement. Evidentiary Objections: Davis' evidentiary objections to Ephland's evidence are OVERRULED as to Nos. 1-7. Ephland's evidentiary objections to Davis' evidence are SUSTAINED as to Nos. 1, 2 and 4-9 and OVERRULED as to No. 3. Requests for Judicial N...

Excerpt: ...st for amendment was not made earlier.” “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading….” (Code Civ. Proc., §§ 473, subd. (a)(1), 576.) The court's discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Courts are bound to apply a policy of great liberality in permitting amendments to th...

Excerpt: ...an independent tort. On a conspiracy theory, defendants who did not commit the tort may be jointly liable with the immediate tortfeasors when they share with the immediate tortfeasors a common plan or design in its perpetration. (Berg & Berg Enterprises, LLC v. Sherwood Partners, Inc. (2005) 131 Cal.App.4th 802, 823; Kenne v. Stennis (2014) 230 Cal.App.4th 953.) The complaint must allege acts that would have given rise to a tort cause of action w...

Excerpt: ... hearing for 1-31-2022, Dept. C11, at 8:45 am. Defendants are to give notice. The Arbitration Agreement is attached as Exhibit B to the motion and is two pages in length. In summary, it is between defendant Leisure Court Nursing Facility and plaintiff-decedent Benjamin Naples. However, it is signed by plaintiff Beverly Larson as Naples' agent. At the top of the agreement, it states that residents are not required to sign the arbitration agreement...

Excerpt: ...]he elements of an action for fraud and deceit based on a concealment are: (1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known ...

Excerpt: ...21. (See McKown Decl., ¶¶ 3-5, Exhs. A-C.) In Opposition, Plaintiffs state TIEBACK's counsel specifically asked for an in-person deposition of his client's PMQ; that it was never said that Defendants' could not appear for the deposition remotely; and that there has been a productive meet and confer on this issue between all counsel involved. Based on the above, the Court finds this request for protective order appears MOOT. However, to the exte...