Excerpt: ...and be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2032.310(b).) The moving party must show good cause for the mental examination. (Code Civ. Proc., § 2032.320(a).) If an action involves allegations of sexual abuse of a minor, and the examinee is less than 15 years of age, “the licensed physician or clinical psychologist shall have expertise in child abuse and trauma.” (Code Civ. Proc., § 203...

Excerpt: ...9], not their service of notice of entry of the minute order granting their motion to dismiss, which order contemplated entry of judgment as the final determination. [ROA #971.] In re Greer's Estate (1968) 261 Cal.App.2d 827, 831. See also Saben, Earlix & Assocs. v. Fillet (2005) 134 Cal.App.4th 1024, 1029-1031 (finding entry of non-appealable order granting summary judgment, or service of notice of entry of same, as opposed to entry of summary j...

Excerpt: ...trageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct.' A defendant's conduct is ‘outrageous' when it is so ‘extreme as to exceed all bounds of that usually tolerated in a civilized community...

Excerpt: .... Plaintiff's First Cause of Action asserts Defendant Bellingar P.A. breached the terms of an Equipment Financing Agreement. (¶13-¶17 of Complaint). The elements of a breach of contract claim are: (1) the existence of the contract; (2) performance by the plaintiff or excuse for nonperformance; (3) breach by the defendant; and (4) damages. (First Commercial Mortgage Co. v. Reece (2001) 89 Cal.App.4 th 731, 745). In this instance, Defendant Belli...

Excerpt: ...]rbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit.” (United Steelworkers of America v. Warrior & Gulf Navigation Co. (1960) 363 US 574, 582; Grey v. American Mgmt. Services (2012) 204 Cal.App.4th 803, 805-809.) It is the court's responsibility to determine whether the parties agreed to arbitrate the dispute. (See 9 USC § 4 (“If the making of the arbitr...

Excerpt: ...pher Bright (“Bright”) and Amir Sabetian (“Sabetian”) (collectively, “Defendants”). They include two Motions to Compel Further Responses to Form Interrogatories (Set Two) – one against Bright and the other against Sabetian. There are also two Motions to Compel Production of Documents – one against Bright (on Set Three) and the other against Sabetian (on Set One). Two other motions by Plaintiff against Defendants Bright and Sabetia...

Excerpt: ...el Defendant's further responses to special interrogatories as well as his verifications to same, is also GRANTED. Finally, Plaintiff's unopposed motion to compel Defendant's further responses to requests for production of documents, the production of responsive documents, as well as his verifications to same, is also GRANTED. Defendant is ordered to serve the further responses and verifications as set forth herein, within 30 days of service of t...

Excerpt: ...of Costs filed by Plaintiff Hovik Nazaryan. ROA 866. Plaintiff's Memorandum of Costs seeks costs of $103,788.39. A. The Motion is granted as to Defendants Rolfes and Larzelere in its entirety. The Court GRANTS the Motion to Strike the Memorandum in its entirety as it relates as to Defendants Rolfes and Larzelere. For cost awards under CCP § 1032(a)(4), there is only one prevailing party. (Sharif v Mehusa, Inc. (2015) 241 CA4th 185, 195.) Code of...

Excerpt: ... alleges that Farris is Defendant's employee or agent. Plaintiff has also alleged that all defendants are each other's agents or employees acting within the scope of their agency/employment. [FAC ¶7.] Unless required by or under the authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency, including wrongful acts committed by suc...

Excerpt: ...s payable. The offer provided for judgment to be entered. Plaintiff accepted Defendant's 998 offer on 2/8/21. [Mkrdech Decl., ¶¶ 2-3 and Ex. A.] On 3/11/21, Defendant sent the check for $20,000, which Plaintiff deposited. [Mkrdech Decl., ¶ 5.] Plaintiff did not file a notice of the 998 offer and acceptance with the court. [Ayzen Decl., ¶4.] Then Defendants changed counsel. According to current counsel, when the file for this case was sent to ...

Excerpt: .... Legal Standard Punitive damages are not assessed against employers on a pure respondeat superior basis. (Rony v. Costa (2012) 210 Cal. App. 4th 746.) That is, under the respondeat superior doctrine, the employer is not liable for punitive damages absent fault or misconduct on the employer's part. CRST, Inc. v. Superior Court (2017) 11 Cal. App. 5th 1255). Pursuant to statute, in an action for the breach of an obligation not arising from contrac...

Excerpt: ...n: 3:22-4:2; See also ¶4 of Potter Declaration and Exhibit A thereto). In response, Plaintiff correctly points out that Defendant has delayed in seeking this amendment. The Court denied a Motion to Enforce Settlement brought by Defendant on February 1, 2021, noting at that time that the Answer lacked an affirmative defense referencing a settlement. (ROA No. 36). Defendant does not address her delay in seeking leave to amend. However, the Court f...

Excerpt: ...he function of a demurrer is limited to testing the legal sufficiency of a complaint. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4 th 968, 994). Consequently, in reviewing a Demurrer, “a court cannot consider…the substance of declarations, matter not subject to judicial notice, or documents judicially noticed but not accepted for the truth of their contents.” (Id.). Stated more simply, “[i]t is ‘black-letter law' a demurrer test...

Excerpt: ...f Richard Salinas [“Salinas Decl.”] Exh. A [Settlement Agreement] at §5). In addition, the parties expressly stipulated the Court retains jurisdiction pursuant to CCP section 664.6, “even after dismissal of the action.” (Stipulation dated September 11, 2020 [ROA No. 76]). The Court issued an order consistent with that stipulation on January 29, 2021. (ROA No. 102). Thus, based on the above, the Court concludes it has jurisdiction to hear...

Excerpt: ...legations Plaintiffs propose to add to cure the defects noted below. A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code...

Excerpt: ...USD”) and Rancho Santiago Community College District (“RSCCD”; together with SAUSD, the “Defendants”) for an alleged sexual assault that occurred on or about 2/14/19 on one of RSCCD's campuses, Middle College High School (“MCHS”), which is on the campus of Santa Ana College (“SAC”). One of the community college students, Cross-Defendant Kenji Kina, allegedly sexually assaulted Plaintiff. Evidentiary Objections The Court declines...

Excerpt: ...le or an order of the court. Code Civ. Proc. § 436. “Irrelevant” matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not supported by the allegations of the complaint. (Code Civ. Proc. § 431.10(b).) A motion to strike can also strike legal conclusions. (Weil & Brown, Cal. Prac. Guide, Civil Proc. before Trial, ¶ 7...

Excerpt: ...for April 24, 2023 at 9:00 a.m., at which the parties or their counsel shall appear and advise the Court of the status of the arbitration proceedings. The CMC is vacated. Defendants seek judicial notice of 11 declarations and orders filed in other actions in which arbitration was sought and assert these other documents demonstrate their good faith. Plaintiff objects to the request for judicial notice. The Court agrees the documents are not releva...

Excerpt: ...of action. The shareholder is merely a nominal plaintiff in such an action. Even though the corporation is joined as a nominal defendant, it is the real party in interest to which any recovery usually belongs. See Grosset v. Wenaas (2008) 42 C4th 1100, 1108; Schuster v. Gardner (2005) 127 CA4th 305, 312; Vega v. Jones, Day, Reavis & Pogue (2004) 121 CA4th 282, 297.) Section 800 of the Corporations Code generally governs shareholders' derivative a...

Excerpt: ...nder the FEHA, and wrongful termination. Plaintiff filed and served four doe amendments adding as defendants to this action Phillip Bellafaire (Doe 1), Saddleback Electric Cars, Inc. (Doe 2), Bellafaire Enterprises, Inc. (Doe 3), and Semit Properties, LLC (Doe 4) (collectively, the “Doe Defendants”). Plaintiff alleged they are liable as alter egos of Saddleback Golf Cars, Inc. The Court tried the alter ego issue first, leaving liability and d...

Excerpt: ...n issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn compl...

Excerpt: ...the ground that these massive discovery requests are “excessive, irrelevant and/or outside the scope of permissible discover in terms of time and place and are otherwise duplicative and result in unwarranted annoyance, oppression, and undue burden and expense to Plaintiff.” Plaintiff's MPA at 1. For the reasons set forth below, the Motion is GRANTED in part and DENIED in part. Plaintiff argues there is “no justification for such excessive d...

Excerpt: ...t admissible. The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. Code Civ. Proc. § 473(a) (1). The court may likewise, in its discretion, after notice to the adverse party...

Excerpt: ...use of action for breach of contract, second cause of action for implied contractual indemnity, third cause of action for express contractual indemnity and fifth cause of action for equitable contribution in Friendly Center's SACC. Catholic Charities demurs generally and specially to the fourth cause of action for equitable indemnity, sixth cause of action for third party tort of another, and seventh cause of action for declaratory relief alleged...

Excerpt: ...vestment Company Inc. (“Bragg”). Defendant Bragg shall provide verified responses without objections within 20 days of this Order. 1. Legal Standard Where responses have been timely served but are deemed deficient by the requesting party (e.g., because of objections or evasive responses), that party may move for an order compelling a further response. [CCP § 2033.290; see Wimberly v. Derby Cycle Corp. (1997) 56 CA4th 618, 636, 65 CR2d 532, 5...