Excerpt: ......

Excerpt: ...ode section 3294. RP to give notice. ...

Excerpt: ...n-suit. Also Plaintiff requests the dismissal of Plaintiff's past 36 years history to include but not limited to Plaintiff being incarcerated.” Plaintiff cites no legal authority for his Motion. As stated in the Opposition, even assuming arguendo that the Motion is made pursuant to Code of Civil Procedure sections 436, 437, 437c, 438, and/or 581, Plaintiff has failed to comply with the statutory requirements of these code sections or they do no...

Excerpt: ... th 92, 98.) With respect to the privacy objection, the court finds Plaintiff has waived his right to privacy. Even assuming there is a valid privacy right, the court finds Defendant's need for the information sought outweighs Plaintiff's right to privacy. The court orders a further response without objections within 30-days. Prevailing Party is to give notice. ...

Excerpt: ...xtent Plaintiff asserts that she never signed the arbitration agreement, she may provide competent admissible evidence in the form of declarations or documentary evidence in support of this assertion. The court declines to award monetary sanctions at this time. Plaintiff Nicole Naghash's Motion to Compel the Deposition of Michael Martines is DENIED, without prejudice. The ruling is the same as that set forth above on Plaintiff's Motion to Compel ...

Excerpt: ...ave prevailed on its motion to strike is an essential prerequisite to an award of attorney fees and costs pursuant to section 425.16, subdivision (c)(1).” (Tourgeman v. Nelson & Kennard (2014) 222 Cal.App.4 th 1447, 1457.) The Court finds that the 2 nd COA (breach of fiduciary duty) does arise from protected activity. Here, the 2 ndCOA for breach of fiduciary duty arises out of litigation-related conduct because it is based on Moving Defendant'...

Excerpt: ...ndant inadvertently failed to attach the signature page to the Declaration filed with the Court.] 2. Overruled 3. Overruled Motion for Summary Adjudication/Judgment: Defendant moves for summary adjudication of the first, second and third causes of action on the ground that Plaintiff cannot establish she was a qualified individual that could perform the essential functions of the position with accommodation. Plaintiff, in opposition submits eviden...

Excerpt: .../or (h). (See also Mendoza v. Regents of the University of California (1978) 78 Cal.App.3d 168, 176, FN3.) (George v. California Unemployment Ins. Appeals Bd. (2009) 179 Cal. App. 4th 1475, 1482.) Defendant contends Plaintiff's claims in this action are barred by res judicata because his claims in the administrative hearing arise out of the same issue – his termination – and the factual allegations are the substantially the same. Defendant se...

Excerpt: ...fendant contends that the Family Law Court resolved the ownership dispute of the subject real property (i.e., determined that Plaintiff has no ownership interest in the same), and therefore seeks to dissolve the stay order. Defendant Bryant provides evidence showing that the Family Law Court issued a Notice of Entry of Order on 1-2-18 finding that Plaintiff has no ownership interest in the subject real property (9 Beachcrest, Newport Coast, CA 92...

Excerpt: ... expert witness designation after he substituted in as Defendant's counsel of record; (3) information was served on all other parties; (4) Ms. Pearson will be available for deposition; (5) since the trial date has now been vacated, it appears Plaintiff will not be prejudiced; and (6) Defendant attempted to resolve the issues before seeking relief. Defendant to give notice. ...

Excerpt: ...must be brought “within 90 days after the legislative body's decision.” Similarly any action which seeks to “attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend a zoning ordinance” or which seeks to “determine the reasonableness, legality, or validity of any decision to adopt or amend any regulation attached to a specific plan,” must be filed within 90-days. (See Govt. Code, §65009(c)(1)(B)....

Excerpt: ...rt Case No. 30-2012-00563435, on the ground that it is not relevant for the purposes of the demurrer. (1) Demurrer: Demurrer based on Uncertainty: The Cross-Complaint herein is not so uncertain that Cross-Defendant cannot reasonably respond. Uncertainties, if any, can be resolved through discovery. Thus, the demurrer based on uncertainty is overruled. First COA (Professional Malpractice): The Cross-Complaint adequately alleges facts to support a ...

Excerpt: ... is directed. (Code Civ. Proc., § 437c (f)(1).) Thus, it appears that summary adjudication of Issues 1-3 is not proper. Further, summary adjudication of Issue 4 is essentially a motion for summary judgment. Moreover, Defendant's separate statement does not tie each “undisputed material fact” to the particular claim, defense or issue sought to be adjudicated: “[T]he specific cause of action, affirmative defense, claims for damages, or issue...

Excerpt: ...wording of this Judgment, Defendant Patrick Grabowski seeks an order transferring ownership of the Edna Property to him. This request is DENIED as: (1) The request is contrary to the instruction in the Judgment and ignores the order to pay Rutan & Tucker from the proceeds of the Edna Sale; and (2) Defendant failed to offer any evidence which demonstrates the value of the property is less than the amount currently owed to Defendant. Thus, even ass...

Excerpt: ...ged their agreement to be bound by those terms (including the Civil Code section 1542 waiver). Thus, the elements pursuant to Code of Civil Procedure section 664.6 have been met. Moving parties are to give notice. ...

Excerpt: ... responses were served on 8-18-17. Defendants denied RFA Nos. 7-10, stated that they will produce all responsive documents to RFPD Nos. 5-24, and provided amended responses to Form Irogs. Further, former counsel for Defendants attests that documents were produced on or about 10-6-17, and that he tendered the sanctions check on behalf of Defendants, but that counsel for Plaintiff refused to accept the check. (Bitzer Decl., ¶¶ 13-14.) While it ap...

Excerpt: ...he hotel lobby to the restaurant courtyard. The Complaint does allege there are issues with the above in paragraphs 13, 14, and 16. The inspection is to occur within the next 30-calendar days. The Motion, however, is DENIED as to the fitness center, all public restrooms, guest laundry facilities, second pool and vending machines. These areas are not at issue as alleged by the Complaint. The Court DENIES all requests for sanctions. Moving Party is...

Excerpt: ...h existing and prospective relationship are not solely based on Defendant's misappropriation of trade secrets, but also based on allegations that they diverted the physician referrals to Advanced Investment Group while Defendants Truong and Quach were working for Plaintiff. (See FAC, ¶¶ 42-43.) By its terms, the CUTSA has no effect on civil remedies not based on trade secret misappropriation. (Civ. Code, § 3426.7(b)(2); Silvaco Data Systems v....

Excerpt: ...would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading. (3) The demurring party shall file and serve with the demurrer a declaration stating either of the following: Here, MP failed to file a Declaration “with the demurrer” establishing...

Excerpt: ...ge Discrimination facts are pled at¶¶30-61 of the Fourth Amended Complaint. According to the Fourth Amended Complaint, the only allegation regarding age is when Ms. Blackwood allegedly said, "it's probably past bedtime" when referring to whether Plaintiff might attend an evening event. (4AC¶36.) This does not provide the necessary factual connection between the plaintiff's termination and his age. Plaintiff continues to allege that “...as th...

Excerpt: ...ant's failure to timely respond was a result of mistake, inadvertence or excusable neglect. (See Gruel Decl., ¶¶ 4-9, and 11.) SLAPFISH is to serve a privilege log identifying within the next 30-calendar days identifying any withheld documents based on the attorney-client and/or work product privilege and the tax payer's privilege as required by Code of Civil Procedure section 2031.240(c)(1). Moving Party is to give notice. (2) Plaintiff Abdelm...

Excerpt: ...s entitled to notice of the inspection of the same. Plaintiff should properly serve all parties, including the entity in possession of the subject real property, with a Demand for Inspection of Real Property to inspect the same. The court notes that the new evidence submitted with the reply papers will not be considered. (Jay v. Mahaffey (2013) 218 Cal.App.4 th 1522, 1537-38.) Most of the inspection and discovery issues can and should be resolved...

Excerpt: ...It appears the “bad acts” of defendants includes (a) allowing unlicensed salespersons to demonstrate devices and (b) a design defect in the device. As to (a), there really are no facts that by allowing unlicensed salespersons to demonstrate the devices, said conduct was malicious, oppressive, or fraudulent (or a conscious disregard of the safety of Plaintiff). If Plaintiff pled more facts that Defendant knew the lack of training would cause t...

Excerpt: ...in another round of mediation ; or 4) To the extent the depositions go forward in Mexico, Order trial testimony to be obtained the next day. Here, it would seem from the outset that Code of Civil Procedure section 2025.260 is somewhat inapplicable because it is for “a party desiring to take the deposition of a natural person who is a party to the action…” Defendants did not attempt to set the depositions of Plaintiffs here. Rather, doing al...

Excerpt: ...ence that Defendant Allan recklessly hit his shot without making sure the course ahead was clear of other golfers (Opposition, Pace Decl., ¶¶ 2-10, Exh. A; Morgan Decl., ¶¶ 2-10; Graff Decl. ¶¶ 2-10; Blower Decl., ¶¶ 2-10; Gimino Decl., ¶¶ 2-7); Defendant Allan's group had hit up on Plaintiff's group two times prior to the incident, causing Plaintiff's group to complain to the Marshall (Opposition, Pace Decl., ¶¶ 3- 4; Morgan Decl., �...