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