Excerpt: ...on the third cause of action for declaratory relief in its Cross-Complaint (“XC”) against Tromp. Plaintiff Tromp sues Defendants Pacific College, Sarge, and Garcia for: 1. Retaliation under FEHA 2. Wrongful termination in violation of public policy 3. Breach of oral contract 4. Hostile work environment 5. Declaratory relief The FAC is the operative pleading. (ROA 9) In addition, Defendant Pacific College filed a Cross-Complaint. (ROA 25). It ...

Excerpt: ...Plaintiff currently has additional facts to allege to state a claim for punitive damages against any of the Knode Defendants, he has leave to do so within 15 days. If he does not now have such additional facts to allege and discovery later reveals facts that Plaintiff believes are sufficient to support his claim(s) for punitive damages, he may then seek timely leave from the Court (after first meeting and conferring, of course, with Defendants' c...

Excerpt: ...er of moving Defendant, the Boys & Girls Club of Central New Mexico (“Defendant”). This matter originally was heard on June 5, 2023, and it was continued for supplemental briefing per the Court's 6/12/23 Minute Order. The Court has now considered the additional briefs. Service of Process Defendant moves to quash service of summons first by arguing that it was never properly served with the summons and complaint. However, after the motion was ...

Excerpt: ...Contract – Simple Finance Charge (With Arbitration Provisions),” (the “RISC”), between Plaintiff and non-dismissed party dealership, Jim Manning Dodge Inc. RJN Defendant's request to judicially notice a state court case is denied. Plaintiffs' request to judicially notice Federal authority is granted. Lower federal court decisions may be treated as persuasive. (Guarantee Forklift, Inc. v. Capacity of Texas Inc. (2017) 11 Cal.App.5th 1066, ...

Excerpt: ...intervene as a matter of right or, in the alternative, for permissive intervention. Plaintiff Pacific Airshow, LLC (“Airshow”) is suing Defendants City of Huntington Beach (the “City”) and Kim Carr for claims arising from the cancellation of the third day of a three-day air show in 2021, after an oil spill occurred. (FAC at ¶¶ 6-19.) As an initial matter, the Court does not find that this motion is untimely. Although there is evidence I...

Excerpt: ...der (“RTAO”). Strausser also seeks an order compelling Sheppard Mullin to pay to Sweetwater Canyon Development, LLC the amount of $121,153.42, an award of attorneys' fees in the amount of $20,000, and monetary sanctions against Sheppard Mullin payable to the Court pursuant to section 177.5 of the Code of Civil Procedure. For the reasons set forth below, the Motion is DENIED. As an initial matter, the Court notes both Strausser and Sheppard Mu...

Excerpt: ...031.310(b)(1) of the Code of Civil Procedure (“CCP”) requires the moving papers to set forth specific facts showing good cause justifying the discovery sought by the inspection demand. To establish “good cause,” the burden is on the moving party to show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) specific facts justifying discovery (e...

Excerpt: ... no. 3 is sustained; the remaining objections are overruled. As an initial matter, the Court notes Kharrat paid only one filing fee, even though he effectively filed two motions in a single document: his motion seeks both summary judgment/adjudication on Plaintiff's Complaint and summary judgment/adjudication on Market's Cross-Complaint. Accordingly, Kharrat is ordered to pay an additional filing fee of $500 within 15 days. “[F]rom commencement...

Excerpt: ... 1281.2 states in pertinent part: "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has bee...

Excerpt: ...to Complaint and Answer. It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. "[A)ll that is necessary is to call the court's attention to such papers." (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) 9.53. la.) The Request is also denied as to the Promissory Note, which is not recorded. It is just a private contract. (Gould v. Maryland Sound Indus. , Inc. ...

Excerpt: ...ano") — pending the conclusion of the arbitration proceedings. The Court vacates the Case Management Conference. A. There is an Agreement to arbitrate that covers the claims in this case. This is an employment case. Plaintiff Martha Sandoval ("Plaintiff") sues Defendants Pridestaff, Caggiano, and The Regents for: . Sexual harassment in violation of FEHA Sex discrimination in violation of FEHA 2. Retaliation in violation of FHA 3. Failure to pre...

Excerpt: ...omplaint. Other than the RFA seeking admission of Michael's death, Defendant objected to the RFAs: Responding Party incorporates by this reference her General Responses and Continuing Objections set forth above. Furthermore, Responding Party objects to this Request on the following grounds: This Request seeks information not relevant to the subject matter of this action, not admissible in evidence and not reasonably calculated to lead to the disc...

Excerpt: ...the Boys & Girls Club of Central New Mexico. Service of Process Defendant moves to quash service of summons by arguing, first, that it was never properly served with the summons and complaint. However, since the time the motion was filed, Plaintiff filed a proof of personal service of the Summons and Complaint on Defendant. Defendant does not argue in Reply that the personal service is defective. As a result, it appears proper service has now bee...

Excerpt: ...ther, the Court finds Defendant is not entitled to enforce the arbitration agreement as a third-party beneficiary. As an initial matter, it is undisputed the Federal Arbitration Act ("FAA") applies to the instant motion. (Marden Decl., Ex. B); see also Victrola 89, LLC v. Jaman Properties 8 LLC (2020) 46 cal.App.5th 337, 346-348 and comley v. Giant Inland Empire RV center, Inc. (C.D. Cal. 2013) 2013 WL 12131180 at 3.) The FAA requires the existen...

Excerpt: ...econd is a Motion to Strike by Defendants, which asks the Court to strike some or all of the FAC. A. Late-Filed Opposition Papers Before turning to its analysis of the Demurrer and Motion to Strike, the Court notes that Plaintiff filed her Opposition papers on May 11, 2023, in violation of CCP 51005(b). (ROA 116, 117). Moreover, Plaintiff served the Opposition papers by mail, which also violates the CCP 51005(b) requirement for next day delivery....

Excerpt: ...t appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual." The purpose of CCP S 526(a)(3) is to preserve the status quo pending litigation. See, Stockton v. Newman (1957) 148 Cal.App.2d 558, 563. First, for an ...

Excerpt: ...rovision that "covers only default judgments and defaults that will result in the entry of judgments" and a discretionary provision that is broader in scope. (Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal.4th 830, 838.) Under the discretionary provision, a "court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken...

Excerpt: ...subpoena is hereby limited to documents reflecting or relating to work done by Plaintiff and money paid to Plaintiff for that work, for the period of 1/1/19 through 1/31/22. If Plaintiff contends that any such documents are protected by his tax return privilege, counsel should be prepared to specifically identify such documents at the hearing. No sanctions are awarded. Motion *2 — re Subpoena to BLS Limousine As explained further below, Plainti...

Excerpt: ...M.D. F.A.C.S is DENIED subject to the caveats that (1) the Court orders that the subpoena is modified — and narrowed — as set forth below; and (2) the subpoenaed documents shall not be produced until a confidentiality protective order has been entered into the case. The subpoenas directed to these entities are identical and ask for all medical records and billing records related to Plaintiff. In her Complaint, Plaintiff alleges Defendants' co...

Excerpt: ...ty beneficiary or pursuant to agency principles. Initially, it is undisputed the Federal Arbitration Act ("FAA") applies to the instant motion. (Lambert Decl. 112 and Exh. A); see also Victrola 89, LLC v. Jaman Properties 8 LLC (2020) 46 Cal.App.5th 337, 346-348 and Com/ey v. Giant Inland Empire RV Center, Inc. (C.D. Cal. 2013) 2013 WL 12131180 at 3.) The Federal Arbitration Act requires the existence of a valid arbitration agreement before arbit...

Excerpt: ...ber 4, 2023, at 9:00 a.m. in Department C31. Defendant's request that the court appoint an arbitrator is, at minimum, premature. There has been no showing that the AAA arbitration rules — which the parties' agreement provides will govern the arbitration - do not include a mechanism for the selection of an arbitrator or that, despite following the rules, the parties have been unable to select an arbitrator, so as to require the Court to do so. A...

Excerpt: ...ths, to even agree upon an arbitral forum, much less a specific arbitrator. (2) The OSC entered by the Court, on its own motion, ordering the parties to show cause why — given the lack of any progress in moving the arbitration proceeding forward the Court should not reconsider its October 31, 2022 order compelling arbitration in light of the recent opinion in Ford Warranty Cases (Ochoa) (2023) 306 Cal.Rptr.3d 611. (3) The Court's previously-set...

Excerpt: ...ical expenses of at least $25,000, unspecified future medical expenses, unspecified loss of income, and unspecified special damages. Mandalia Declaration (ROA #113) Ex. 1. Motion #1 — Defendant's Motion to compel Plaintiff to provide further responses to RFPs (ROA #166) Defendant is moving to compel as to its RFP No. 30, which seeks documentation of Plaintiff's income from MGA Group, Plaintiff's business entity, and RFP No. 31, which seeks any ...

Excerpt: ...mainder of the objections because they are not material to the Court's disposition of the motion. (Code Civ. Proc. S 437c, subd. (q). ) Defendant moves for summary judgment on the sole cause of action asserted against it for dangerous condition of public property. Summary Judgment Standard "[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and th...

Excerpt: ...scovery. CCP section 425.16(g) provides that once an anti-SLAPP motion is filed, there is a stay of all discovery "in the action." The purpose of the discovery stav is to protect the defendant from being dragged into further litigation until the plaintiff makes a prima facie showing of the probable validity of its claim. Paterno v. Superior Court (2008) 163 Cal. App. 4th 1342, 1348; Cal. Prac. Guide Civ. Pro. Before Trial S 7:1096.5 (Rutter Group...