Excerpt: ...town Business Improvement District's ("BID") Opposition it was filed and served one day late. However, Petitioner was able to timely file and serve a substantive reply on the merits, despite the Opposition having been served one day late. Thus, the Court finds Petitioner's objections to be waived and will exercise its discretion to consider the Opposition. Petitioner requests as part of his Motion that BID be ordered to produce its BID membership...

Excerpt: ...A for breach of fiduciary duty. Thus, the demurrer to these causes of action is SUSTAINED. All of Plaintiff's Claims are Subject to MICRA and Barred by The Statute of Limitations - Overrule Defendant argues all of Plaintiff's claims are subject to MICRA and that Plaintiff is attempting to plead around the applicable 1-year statute of limitations. While the allegations arise out of dental treatment Plaintiff received, her allegations for the remai...

Excerpt: ...hrough 37. This motion was filed on 2-21-2023 and was originally on calendar for 7-18-2023. On that date, the Court ordered counsel to meet and confer in good faith and file a joint separate statement. On 8-16-2023 counsel filed their joint separate statement. However, even after a review of that document, it is unclear whether the meet and confer advanced any resolution of the disputes here. For instance, Plaintiff alleges “Defendant represent...

Excerpt: ...alsity (or scienter); (3) intent to defraud, i.e., to induce reliance; (4) justifiable reliance; and (5) resulting damage. [Citation.]” (Id. at p. 990.) “‘A promise to do something necessarily implies the intention to perform; hence, where a promise is made without such intention, there is an implied misrepresentation of fact that may be actionable fraud. [Citations.]' [Citation.]” (Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, 1060.) How...

Excerpt: ... Breach of the Implied Covenant, on this same basis. (Demurrer: 6:14-24.) Defendant is correct in asserting there are contradictory and unclear allegations, with respect to the parties to the alleged agreement. For example, the Complaint includes allegation stating both, that Defendant Cloud 9 hired Plaintiff (¶2 of FAC) and that all Defendants, collectively, hired Plaintiff. (¶5 and ¶43 of FAC.) Similarly, the Complaint alternates between all...

Excerpt: ...(in the amount of $9,000) against Plaintiff and counsel of record. Motion to QUASH is GRANTED. No sanctions. Defendant Diane argues the broad subpoenas issued to the two banking institutions violate her privacy rights. Where the right to privacy is asserted as a protection against discovery, the person raising the objection must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumsta...

Excerpt: ... Both sides seek sanctions. (1) Special Interrogatories Nos. 3-6 ask Defendant to state (3) the business necessity of its requirement that Plaintiff receive a Covid-19 vaccine; (4) all reasons Defendants requires its musicians to receive a Covid-19 vaccine; (5) all evidence Defendant has that the currently available Covid-19 vaccines prevent Covid-19 infection; and (6) all evidence Defendant has that the currently available Covid-19 vaccinations ...

Excerpt: ... (collectively “Cross-Complainants”) appeal of the Judgment. General Authority for Reasonableness of Attorney Fees: In determining the amount of fees to award, a court has broad authority to determine the amount of a reasonable fee. (PLCM Group v. Drexler (2000) 22 Cal.4 th 1084, 1095.) Statutory attorney fees are ordinarily determined by the court pursuant to the “lodestar” or “touchstone” method. (The Rutter Group, Cal. Prac. Guide ...

Excerpt: ...ng and abetting of the Complaint filed by Plaintiffs, Philips North America, LLC; Koninklijke Philips N.V; and Philips India, Ltd. (collectively "Philips"). The Court SUSTAINS, with 10 days' leave to amend, the demurrer as to the First and Second COAs. The Court OVERRULES the demurrer as to the Third COA. First and Second COAS — Fraudulent Transfer and Constructive Fraudulent Transfer Civil Code section 3439, et seq. is known as the Uniform Voi...

Excerpt: ...C on behalf of Messner as they are uncertain. Code Civ. Proc. S 430.100.) Demurrer is sustained with 20 days leave to amend. (Code Civ. Proc., 5430.10(e), (f).) In the absence of physical injury or impact to the plaintiff himself, damages for emotional distress are generally recoverable only if the plaintiff: (1) is closely related to the injury victim, (2) is present at the scene of the injury-producing event at the time it occurs and is then aw...

Excerpt: ...blished or there is a complete defense. (Code Civ. Proc., 437c(a), Only after a defendant meets that burden does the burden shift to the plaintiff to produce admissible evidence showing the existence of a triable issue as to a cause of action or complete defense. (ld.; Hawkins v. Wilton (2006) 144 cal.App.4th 936, 940.) In a medical malpractice action, when a defendant moves for summary judgment and supports his motion with expert declarations th...

Excerpt: ...NIED. Code of Civil Procedure section 473(b) states, in relevant part: The court may, upon any terms as be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise t...

Excerpt: ...t retain counsel. "Cu]nder a long- standing common law rule of procedure, a corporation, unlike a natural person, cannot represent itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney." (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) "It must be represented by licensed counsel in proceedings before courts of re...

Excerpt: ...a large class of persons has received a significant benefit, (3) the burden of private enforcement is disproportionate to the litigant's personal interest, and (4) it is unfair to make a successful plaintiff pay the fees out of any recovery.” (Council for Education & Research on Toxics v. Starbucks Corp. (2022) 84 Cal.App.5th 879, 902, rehg denied (Nov. 10, 2022), review denied (Feb. 15, 2023).) “‘While section 1021.5 does not permit awards...

Excerpt: ...king the deposition of Myers at this time. Thus, the Motion as to Myers is MOOT. Under the apex deposition rule, a party is prohibited from deposing a high-ranking official unless the deponent has unique or superior personal knowledge of relevant information. (Liberty Mutual Ins. Co. v. Superior Court (1992) 10 Cal.App.4th 1282, 1287.) “An exception to the rule exists only when the official has direct personal factual information pertaining to ...

Excerpt: ...filing a notice of appeal under CRC, rules 8.104, 8.108 in an unlimited civil case or under CRC, rules 8.822 and 8.823 in a limited civil case. (CRC, rule 3.1702(b)(1); see P R Burke Corp. v. Victor Valley Wastewater Reclamation Auth. (2002) 98 Cal.App.4th 1047, 1052 [motion “almost always” filed after entry of judgment because until then “there is technically no prevailing party” and “parties may still incur additional fees.”].) The ...

Excerpt: ...was on his meal break and driving to purchase himself food at the time of the accident. Because his trip was for a purely personal purpose, Defendant contends Sosa substantially deviated from his employment duties such that the incidental benefit exception to the going and coming rule does not apply. Plaintiffs argue there is a genuine dispute as to whether Sosa was delivering pizzas at the time of the accident. They also argue that that Sosa's t...

Excerpt: ...fense to the plaintiff's cause of action, e.g., it is barred by the statute of limitations. (Code Civ. Proc., § 437c(p)(2); Selvidge v. Tang (2018) 20 Cal.App.5th 1279, 1283.) If the defendant makes a sufficient showing, the burden shifts to the plaintiff to produce sufficient evidence to raise a triable issue of fact as to the defense asserted. (Code Civ. Proc., § 437c(p)(2).) “In an action for injury or death against a health care provider ...

Excerpt: ...duled start time, causing Plaintiff to be injured due to his inability to properly warm up. “A party may move for summary judgment in an action 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).) “The motion shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial not...

Excerpt: ...vides, in relevant part, that an “injunction may be granted” when “it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually.” (Emphasis added.) Here, Plaintiff filed a Complaint, but not a Verified Complaint. Additionally, “A superior court must evaluate...

Excerpt: ...y deficient. Pursuant to Code of Civil Procedure section 1987.1(a), “[i]f a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an ...

Excerpt: ....). At that time, no sanctions were requested and none were awarded. A notice of ruling was filed on March 3, 2023. (ROA 71.) The parties appear to agree that the deadline for compliance was April 3, 2023. Plaintiff filed the instant motion on April 27, 2023, contending that Defendant had not complied with this court's order. Plaintiff asks the court to order compliance within ten days and to impose a monetary sanction of $500 per day that Defend...

Excerpt: ... $2,460 in total sanctions for all four motions. The Motions are GRANTED. I. Defense Counsel Failed to Sign the Oppositions Code of Civil Procedure section 128.7 requires that “[e]very pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.” (Code Civ. Proc., § 12...

Excerpt: ...civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc., § 36, subd. (a) [emphasis added].) Code of Civil Procedure section 36....

Excerpt: ... supplemental brief 9 court days prior to the continued hearing date. (ROA 129.) No supplemental brief has been filed. Thus, the Court will now rule on the Motion. Whether a settlement is within the “good faith ballpark” is to be evaluated on the basis of information available at the time of settlement under the following factors:  the amount paid in settlement;  a rough approximation of plaintiff's total recovery and the settlor's prop...