Excerpt: ...en to another discovery request, or if the reasons a further response to a particular discovery request is deemed necessary are based on the response to some other discovery request, the other request and the response to it must be set forth” in the separate statement. Here, Defendant seeks further responses to Special Interrogatory Nos. 99, 100, 101, 102, 103, 104, 106, 107, 108, 111, 113, and 114. Each of the interrogatories at issue referenc...

Excerpt: ...from Plaintiff and his wife, where both indicate the fall occurred in November of 2014, prior to Thanksgiving and consequently, more than two years prior to the filing of the complaint, on November 29, 2016. (See ¶8-¶11 of Benler-Ward Declaration and Exhibits B and C thereto.) Based on the above, Defendant asserts the action will likely be found to be barred, such that a separate trial on the statute of limitations will serve judicial economy. ...

Excerpt: ...cial notice of Exhibits 1 through 4 pursuant to Evidence Code section 452(d). However, the Court declines to take judicial notice of hearsay statements contained in the court's records. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564.) The Court DENIES Plaintiff's request for judicial notice of Exhibit A as there is no basis for same under the Evidence Code. As to the 1 st COA (tortious breach of contract), this COA is not sufficiently pled be...

Excerpt: ...of the nuisance.” (See Reinhard v. Lawrence Warehouse Co. (1940) 41 Cal.App.2d 741, 746.) Similarly, “[g]enerally, ‘a landlord is not responsible to other parties for the misconduct or injurious acts of his tenant to whom his estate has been leased for a lawful and proper purpose when there is no nuisance…at the time of the leasing.” (See Chee v. Amanda Goldt Property Management (2006) 143 Cal.App.4 th 1360, 1373.) In this instance, the...

Excerpt: ...nd that this incompetence and unfitness created a particular risk. However, the TAC fails to allege any specific facts in support of the conclusory allegations. (See TAC, ¶¶ 27-39.) Plaintiffs have already been given three opportunities to adequately allege facts to support this claim, but have failed to do so. Thus, the demurrer to the third cause of action is sustained withoutleave to amend. Plaintiffs, however, may seek leave to amend if suc...

Excerpt: ...ed the subject vehicle to Defendant HO and that liability against FORD is based on it either leasing or renting the subject vehicle to Defendant HO. “The demurrer tests the pleading alone and not the evidence or other extrinsic matters which do not appear on the face of the pleading or cannot be properly inferred from the factual allegations of the complaint. (Childs v. State of California (1983) 144 Cal.App.3d 155; Ramsden v. Western Union (19...

Excerpt: ...ntitlement to judgment against Defendants in the amount of approximately $90,000. Based on the above, it is unclear whether Plaintiff is seeking to recover the entire $90,000 from each Defendant, jointly, or whether Plaintiff expects the Court and Defendants, to sift through 124 pages to determine each Agreement applicable to each party and the specific amounts attributable to each. Similarly, the First COA (Breach of Contract) fails to sufficien...

Excerpt: ...ndered. (2) Plaintiff and Cross-Defendant Crank Bros Deck Co., Inc.'s motion to strike is GRANTED with 10 days leave to amend. The Cross-Complaint fails to adequately allege oppression, fraud and/or malice by the Cross-Defendant. Prevailing party to give notice. ...

Excerpt: ... to establish that damages are not adequate or that Defendant is likely to use or disseminate the information/records. This case is six (6) years old. There is no showing that since Defendant obtained the information/records herein she has continued to use it to Plaintiffs' detriment. Plaintiffs fail to point to any RFJN document which establishes the Bankruptcy Court specifically found Defendant is likely to use or disseminate the wrongfully obt...

Excerpt: ...ment, etc. are justified. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796; Lopez v. Watchtower Bible & Tract Soc. of New York, Inc. (2016) 246 Cal.App.4th 566, 604—discovery statutes evince an incremental approach, starting with monetary sanctions and ending with ultimate terminating sanction.) Specifically, it appears that striking Defendants' Answers based on their failure to comply with this Court's December 18, 2018 Discovery order does no...

Excerpt: ... and Sixth Issues is DENIED. Cross-Complainants' Motion for Summary Adjudication of the Second, Third, Fifth, Seven and Eighth Issues is GRANTED. Cross-Complaints' Evidentiary Objections: 1. Sustained; improper use of interrogatory responses. (See Code Civ. Proc., § 2030.420 – At the trial or any other hearing in the action, so far as admissible under the rules of evidence, the propounding party or any party other than the responding party may...

Excerpt: ... Motion: 10:19-20:20.) Initially, as cited by Defendant, case law indicates Plaintiff does not have standing to bring a claim based upon the duty to defend owed to Poss. (See Clark v. California Ins. Guarantee Assn. (2011) 200 Cal.App.4 th 391, 397-398: “A third party judgment creditor is merely an incidental beneficiary of obligations…that arise under the duty to defend. Unless the third party obtains an assignment by the insured of its righ...

Excerpt: ...Moving Party to give notice. Plaintiffs submit evidence to show the billing rates of their attorneys range from $270-$640. The blended rate is $428.73. They state they seek recovery of 351.2 hours of attorney time. (See Motion 7:1-14.) Defendant acknowledges the incurred time and the quality of work of Plaintiffs' attorneys, but argues the rates are excessive. Nonetheless, these billing rates are reasonable given the experience of Plaintiffs' att...

Excerpt: ...1:4-6 [“restitution of all monies due Plaintiff including back pay, front pay, lost employment benefits and other compensation…”]. Defendant CALTRANS has also raised the affirmative defense of failure to mitigate. (See Answer, RFJN, Exh. 2.) Given the foregoing, the Motion is DENIED as to the following as the Court finds they are relevant to the issues in this case:  Wages, and earnings paid, commissions paid;  1099 statements, and ot...

Excerpt: ...duced therefrom. (See Ragland v. U.S. Bank Nat. Assn. (2012) 209 Cal.App.4th 182, 194.) Plaintiff's Request for Judicial Notice in Support of Opposition to Motion for Summary Judgment is GRANTED as to Exhibits A, B, and C, and DENIED as to Exhibit D. (Evid. Code, § 452(h).) Although the court takes judicial notice of the existence of documents attached as Exhibit A, B, and C, and the clear legal effects of the same, the court is not required to ...

Excerpt: ... entire litigation. Thus, interim attorney fees for an appeal before final disposition are not recoverable. (Butler-Rupp v. Lourdeaux (2007) 154 Cal.App.4th 918, 928; Presley of Southern Calif. v. Whelan(1983) 146 Cal.App.3d 959, 961-962.) Similarly, Civil Code section 5975(c) provides that the “prevailing party” shall be awarded reasonable attorney fees. Thus, it appears interim attorney fees for an appeal are also not recoverable under sect...

Excerpt: ...LED. Defendants' sole argument as to this cause of action is that it is preempted by the California Uniform Trade Secrets Act (“CUTSA”). However, the Complaint alleges facts other than trade secret misappropriation that would support a cause of action for breach of fiduciary duty. (Compl. ¶¶ 22, 26, 27, 30.) As to the 3 rd COA (Breach of Confidence), the Demurrer is SUSTAINED with leave to amend. As alleged, this cause of action is preempte...

Excerpt: ...t hourly rates of $475-675 is somewhat excessive. The issues presented in the underlying motion were not novel and/or complicated, and it appears the matter could have been handled by associates billing at much lower rates. Thus, the Court is inclined to reduce the hourly rate to a blended rate of $400/hour, and reduce the number of hours as follows: 30 Hours: Special Motion to Strike 6 Hours: Motion for Attorney Fees Thus, the Motion is granted,...

Excerpt: ...tiff to allege that defendants were “aware of the toxic nature of their products and owed a duty to disclose the toxic properties of their products to [plaintiff] because [defendants] alone had knowledge of material facts, to wit the toxic properties of their products, which were not available to [plaintiff].”) Specifically, the Complaint alleges that: Ford had a duty to disclose the Cooling System Defect based on its exclusive knowledge of t...

Excerpt: ...comply with CRC 3.1324(b). Mr. Sharp's second attempt to comply with that rule is as follows: 3. The amended complaint is necessary to add causes of action and clarify allegations against defendants that were added to the complaint after the court granted me my motion to be identified as the Real Party In Interest. These new causes of action and allegations are in the furtherance of justice. Since becoming the Real Party In Interest, I have uncov...

Excerpt: ... if it determines that an agreement to arbitrate the controversy exists…” Here, Exhibit 6 filed with the Exhibits to the Motion, is the “Wibbert Engagement Agreement,” which appears to have been executed by Kostas Pallaris and Irene Theocharous, agreeing to retain I&M for Wibbert's representation. The Agreement is authenticated by the Ermer Declaration, para. 3. Wibbert does not challenge the existence of the Wibbert Engagement Agreement,...

Excerpt: ...om August 2017 to the present. Defendant objects on the grounds the Irog is overbroad, irrelevant to the subject matter, and not reasonably calculated to lead to the discovery of admissible evidence. Infringes on the potential privacy of 3 rd parties. Plaintiff argues Defendant Kathryn used Terra7, Inc., as a sham corporation to receive assets from DBMR and Associates for the sole purpose of defrauding the Plaintiff out of his judgment. He argues...

Excerpt: ...fined and the parties expressly acknowledged their agreement to be bound by those terms (including the Civil Code section 1542 waiver). (See Exh. A., Paras. 2-6.) Thus, the elements pursuant to Code of Civil Procedure section 664.6 have been met. The Court also finds Plaintiff Lien Pham, as the mother of Plaintiffs Jessica and Melissa Le, had authority to enter into the Stipulation for Settlement pursuant to Probate Code section 3500. The validit...

Excerpt: ...n is DENIED. Defendant presents evidence that it has already produced the entire investigative file concerning Mr. Alcala and Mr. Padilla's involvement in the discovery of a homeless encampment under the Newhope St. bridge of State Route 22 freeway (“Newhope”) and the presence of private equipment being stored on the State right of way. (SeeMorrison Decl., ¶ 15.) Defendant has also produced the findings of the investigations into Mr. Alcala ...

Excerpt: ...) as the Objections were filed and served on 1-9-19, two days after the Opposition papers were due and also fail to comply with 3.1354(b). Plaintiff's Evidentiary Objections in Support of the Reply: The Court SUSTAINS Objection No. 1. Plaintiff is correct that Defendant's lodging of the entire deposition of Richard Therrien failed to comply with CRC Rule 3.1116. However, the Court will still consider same as evidence in support of the Opposition....