Excerpt: ...e any default provisions, or demand requirements when a payment is missed. Thus, no impediment to enforcement is evident. The agreement, however, does provide that disputes relating to the settlement agreement are to be heard in Los Angeles County (see Para 6.4), not Orange County where this action is venued. Forum selection clauses, however, can be waived, so this Court will proceed to the merits. Pursuant to CCP §664.6, if parties to pending l...

Excerpt: ...mitations is only permissible where the dates alleged in the complaint show that the action is barred by the statute of limitations. [citation] The running of the statute must appear ‘clearly and affirmatively' from the dates alleged. It is not sufficient that the complaint might be barred.” Roman v. County of Los Angeles (2000) 85 CA4th 316, 324-325. “The statute of limitations accrues when a plaintiff has the right to sue on a cause of ac...

Excerpt: ...presentation and a common claim as to representations made concerning fees. (See FAC ¶¶ 8-12, 14, 18, 21, 22, 30 and 39.) As Mr. Tayebi has asserted nonarbitrable claims, and there is a risk of conflicting rulings on common issues of law or fact if arbitration is ordered as to Ms. Goudarzi alone, the Court will exercise its discretion under C.C.P. § 1281.2 to deny the motion to compel arbitration at this time. However, this ruling is without p...

Excerpt: ..., “If the notice is served on the client by electronic service ... it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address”, as confirmed within last 30 days. The Court does not have a declaration stating the email address where the client was served and its currentness. In the moving declaration filed 6/8/18 (at ¶ 3(b)), attorney Booth seems to describe that the ...

Excerpt: ..., the moving attorneys must submit a revised Proposed Order form. In Section 6, it should list the names of contact persons or appropriate representatives of the Plaintiff, to whom notices may be served in the future. The Suite number seems to be missing in the address provided (Section 6). Section 3 was completed to reflect personal service of the papers but there is not a proof of service filed to that effect. The document must be corrected and...

Excerpt: ... from a name), customer contact information, or customer buying patterns. Further, Defendants have not cited any case law that supports that the name(s) of 1-3 clients, without any additional personally identifying information or private financial information, is enough to be considered a “trade secret.” Moving party to give notice. ...

Excerpt: ...tion, with knowledge that the secret was acquired by improper means, constitutes misappropriation under Civil Code §3426.1. (PMC, Inc. v. Kadisha (2000) 78 Cal.App.4th 1368, 1383.) The Complaint alleges that Alignment was part of a conspiracy to divert patients to Alignment plans, and that each of the Defendants had actual or constructive knowledge of wrongful use. (Complaint ¶¶ 31-39, 42, 45, and Ex. D.) These allegations, taken together, ade...

Excerpt: ...er to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract. . .shall be entitled to reasonable attorney's fees in addition to other costs. . . . The court, upon notice and motion by a party, shall determine who is the party prevailing on the contract for purposes of this section, whether or not the suit proceeds to final judgment. Except as provided in paragraph (2), the party ...

Excerpt: ...31.300(a), (b).) Plaintiff here has demonstrated that Form Interrogatories, Set One, and RFPs, Set One were both propounded to Brigley on 3/15/18. (Porter Decl. ¶ 2, Ex. 1.) No responses have been provided. (Id.) A “meet and confer” letter followed, asking for the missing responses, but Plaintiff received no response. (Id. at ¶ 4 Ex. 2.) The Motions are therefore GRANTED. Ms. Brigley is to provide verified responses, without objections, and...

Excerpt: ...v. Superior Court (2017) 3 Cal.5th 531, 537, 556 n.8, disapproving of Board of Trustees v. Superior Court, 119 Cal.App.3d 516 and Lantz v. Superior Court, 28 Cal.App.4th 1839) (“[these cases] stand for the proposition that whenever discovery of facially private information is sought, the party seeking discovery must demonstrate a ‘compelling state interest' … or ‘compelling need' … they nevertheless are incorrect”).) “[C]orporations...

Excerpt: ...tion' of a narrow issue: whether a public agency has an obligation to disclose the records that the petitioner has requested … when a party does seek to compel discovery (or seeks a protective order from a discovery request), the trial court must determine whether the discovery sought is necessary to resolve whether the agency has a duty to disclose, and to additionally consider whether the request is justified given the need for an expeditious...

Excerpt: ...the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (CRC 2.550(d).) The Court finds that the papers are not sufficient to support the sealing of the complaint. Also, it is unclear if or how the Rules of Court would authorize the Court to “amend” por...

Excerpt: ...how a probability his case will be successful on the merits. Plaintiff, as he was in the very least drawn into a public controversy, is a limited purpose public figure. As such, he needed to demonstrate malice on the part of Defendant, in that defendant “either knew his statement was false or subjectively entertained serious doubt his statement was truthful,” or “with reckless disregard for [the] truth.”” Wynn v. Chanos (N.D. Cal. 2014)...

Excerpt: ...torney to do his job, including when there is a breakdown in the attorney-client relationship. California Rules of Professional Conduct, Rule 3-700(c); Estate of Falco v. Decker (1987) 188 Cal.App.3d 1004, 1014. If withdrawal is by client consent, the attorney need only submit Judicial Council form MC-050: Substitution of Counsel – Civil. See CCP §284(1). If the attorney does not have the client's consent, he or she must proceed by way of noti...

Excerpt: ...time wages and the amount of wages owed. As to the 3 rd cause of action for wage statement penalty (Labor Code § 226(a)), plaintiffs failed to plead supporting facts to show that defendant knowingly and intentionally failed to provide plaintiffs with accurate wage statements or sustained a resulting injury (i.e., that plaintiffs were unable to readily ascertain the required information from their wage statements alone.) In addition, this cause o...

Excerpt: ...y plaintiff. The shortcoming by defendants here is unfortunate, but for the last time this Court will overlook the matter and proceed to the merits. 3rd COA: Intentional Interference With Prospective Economic Advantage – Sustained, 20 days leave to amend To properly plead a cause of action for intentional interference with prospective economic advantage, the pleader must include facts demonstrating: 1. an economic relationship between the plain...

Excerpt: ...):  a resident of California;  regularly employed in California;  engaged in substantial business, professional, or other activities in California. 2. Applicant is associated with a licensed California attorney; 3. Application is verified, and includes (9.40(d)):  applicant's residence and office addresses;  courts to which applicant has been admitted (and when);  evidence that applicant is in good standing, and not currently su...

Excerpt: ... summary adjudication of issues, it fails. Under C.C.P. § 437c(f)(1), a party may move for summary adjudication as to one or more causes of action (“COAs”), affirmative defenses, claims for damages, or issues of duty. But summary adjudication shall be granted only if it completely disposes of a COA, affirmative defense, claim for damages, or issue of duty. (McCaskey v. California State Auto. Assn. (2010) 189 Cal.App.4th 947, 975.) None of th...

Excerpt: ...y with all applicable requirements in the future. On the merits, the motion is well-taken. A claim for punitive damages must be supported by specific factual allegations: conclusory characterization of conduct as “intentional, willful and fraudulent” is insufficient to state the claim. (Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872; Civ. Code § 3294.) Here, Plaintiff argues that this standard is met, as the FAC alleges that Defendants k...

Excerpt: ...ode § 815.2(a). The defendant has established that the cause of action fails as a matter of law because it is based on a duty to require a permit and the defendant has presented uncontroverted evidence that the County required a permit and did not permit the subject event from occurring on County property. The Defendant County of Orange's unopposed request for judicial notice of the following fact and document is granted pursuant to California E...

Excerpt: ...defense of the statute of limitations or an equitable defense that a plaintiff is estopped to raise his claims, has the potential to eliminate any jury trial altogether. (Hoopes v. Dolan (2008) 168 Cal.App.4th 146, 156–157) (Internal citations omitted). Here, it is not shown to be the case and the circumstances don't appear to warrant the same treatment as above. “C & K Engineering's references to the ‘gist' of the action merely express the...

Excerpt: ...1) and 576. This discretion, however, is to be exercised liberally in favor of allowing amendments. Howard v. County of San Diego (2010) 184 Cal.App.4 th 1422, 1428; Central Concrete Supply Co v. Bursak (2010) 182 Cal.App.4 th 1092, 1101-1102. Courts may permit amendments at any stage in the proceedings, up to an including trial, so long there is no prejudice to the adverse party. Atkinson v. Elk Corp. (2003) 109 Cal.App.4 th 739, 761. To amend a...

Excerpt: ...wing: 6 hours at $295/hour for the motion, 4 hours to review the opposition and prepare a reply, 3 hours to appear at the hearing and the $60.00 filing fee. Terminating Sanctions If plaintiff has served responses to the outstanding discovery or at the very least appears at the hearing of this motion and provides a specific viable explanation and assurance to the court that he will provide the responses, this motion will be denied. However, if he ...

Excerpt: ...due to the inadvertence, mistake and/or neglect of defense counsel, and as the Cross-Complaint, “asserts a claim. right, or interest in the property. . . which is the subject of the cause brought against [Defendant],” the Court must grant the Motion. There is also no evidence that Defendant did not act in good faith regarding his failure to file the Cross-Complaint. Moving party to give notice. ...

Excerpt: ...ims is discovered, SUSTAINED on COAs 5 and 9 without leave to amend, and for COAs 6 and 7 is MOOT, as both COAs were abandoned in the SAC. For COA 1, the SAC now asserts that the condition precedent was met. (See SAC at ¶¶ 9 & 13.) Defendants argue that the COA nonetheless fails as the employment offer specifically stated that her employment would be at will. But Plaintiff's employment had not commenced, and Defendants have not established that...

Excerpt: ...correct this in any amended pleading. Turning to the merits of the demurrer, the Court agrees with argument of Plaintiff that the element of falsity is sufficiently alleged at this time, especially with the addition of the allegation that Plaintiff was not paid the alleged extra compensation that was promised for taking on additional responsibilities and roles. (SAC ¶ 30.) As stated in Tenzer v. Superscope (1985) 39 Cal.3d 18, “...fraudulent i...

Excerpt: ...ilings were rejected by the clerk's office on procedural grounds. On 09/25/17, plaintiffs secured entry of default against Byers, with an amount listed on the default form far in excess of the claimed damages. Default was entered; judgment was not. The Request was mailed to defendant at his putative address. On 10/03/17, defendant Byers again attempted to appear by way of a motion to dismiss. That filing was again rejected by the clerk's office �...

Excerpt: ...”), the claim fails as it is not based on any “protected activity” under FEHA. Under Gov. Code §12940(h), it is unlawful to terminate an employee for opposing any practices forbidden under FEHA. (Dinslage v. City and County of San Francisco (2016) 5 Cal.App.5 th 368, 380-381.) But Plaintiff here is not claiming that any adverse action was taken based on any such conduct. Plaintiff argues that asserting a wage and hour basis for her conduct...

Excerpt: ...ept related to that account, that she incurred charges on the account which have not been paid, and that the sum now owing is $32,648.70. (UF 1-16; Toomey Decl. ¶¶ 1, 5-11.) The burden thus shifts to Defendant to produce admissible evidence showing a triable issue of fact exists. (C.C.P. § 437c(p)(1).) Defendant failed to file any opposition to the motion, and thus has failed to meet that burden. The motion is therefore granted, in the amount ...

Excerpt: ...its, defendants Luigi (the restaurant) and Napiorkowska (business partner) separately demur to the causes of action for assault and battery on the ground that Dahabreh's aberrant behavior was not within the course and scope of any work he might have been performing for the restaurant. Defendants correctly point out that the operative pleading is devoid of any real facts establishing a basis for respondeat superior – particularity because Dahabr...

Excerpt: ... of those claims include failure to repay loans, fraud, defamation, misappropriation, and theft. Labor Code §2802(a) provides that “an employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer.” This is not a basis for advancing legal fees, but rather a basis to be reim...

Excerpt: ...rt (1999) 69 Cal. App. 4th 577, 580, citing Nguyen v. Superior Court (1996) 49 Cal.App.4th 1781, 1786–1789. The named plaintiff in the present lawsuit is The People of The State Of California (“The People”). Although the lawsuit was “filed by” the Orange County District Attorney and his Office (“OCDA” together), it is brought on behalf of The People of The State of California. Neither the County of Orange, the OCDA, or any other “...

Excerpt: ... 2. Defendants Farah Modarres and Mission Hills Opportunity Fund, LLC's motion for an order striking punitive damages allegations from Plaintiff Amezcua-Moll & Associates PC's First Amended Complaint paragraphs 56, 57, 69, 70, 76, 84, 95, 104 and the Prayer for Relief, paragraph 3 is DENIED. The Defendants' motion to strike the entire Eighth Cause of Action for Intentional Interference with Contractual Relations against Defendant Modarres is GRAN...

Excerpt: ...mended complaint. Code of Civil Procedure section 391.7, subdivision (a) prohibits a vexatious litigant from filing “new litigation in the courts of this state in propria persona without first obtaining leave of the . . . presiding judge of the court where the litigation is proposed to be filed.” There is currently no published decision addressing this specific question. Indeed, the Supreme Court in Shalant v. Girardi (2011) 51 Cal.4th 1164, ...

Excerpt: ...berly J. Manning ¶ 3. No responses have been served. Decl. of Kimberly J. Manning ¶ 4. As such, the defendant is ordered to serve the plaintiff with full and complete responses without objection within 20 days of service of this order. The court finds that the plaintiff reasonably incurred two hours preparing this motion and meeting and conferring regarding the subject discovery. There is no opposition so no review of it or reply brief is neede...

Excerpt: ...k, Lee Riley, Jerry Lee Merry, and Chris Ngai (together as “Individual Defendants”), it is uncertain as to the Individual Defendants, and from the facts pled, there appears to be a defect in joining the Individual Defendants to this action generally. C.C.P. § 430.10(d)-(f). a) Contract Between Plaintiff and Black Dot A contract, either express or implied, must first exist before it can be breach. “A contract is an agreement to do or not to...

Excerpt: ...olutions changed its name to Accelerated Payment Technologies (and later to OpenEdge Payments, LLC) On 03/06/12, Vegas Holding and Accelerated Payment Technologies (hereinafter “VH/APT”) joined forces and filed suit against Knapp for fraud and breach of contract. That lawsuit (2012-551681) alleges that Knapp failed to honor his duty of loyalty to the company and made material misrepresentations regarding the financial strength of the company ...

Excerpt: ...Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. . .” C.C.P. § 2017.010. “Protection of informational privacy is the provision's central concern. (Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 35) Hill. . . established a framework for evaluating potential invasions of privacy. The party asserting a privacy right must establish a legally protected privacy interes...

Excerpt: ... by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules, the trial court is justified in imposing the ultimate sanction.' . . . Under this standard, trial courts have properly imposed terminating sanctions when parties have willfully disobeyed one or more discovery orders.” Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377, 390. Application: On 1/22/18, the Defendant...

Excerpt: ...D with 10 days leave to amend. On demurrer, a court will consider properly-pleaded material facts but tends to disregard the contentions, deductions, speculation, or conclusions of law or fact. (WA Southwest 2, LLC v. First American Title Insurance Company (2015) 240 Cal.App.4th 148, 151.) Based on the facts, the Court agrees that in essence, the Complaint is describing a claim that the union and union representatives did not properly represent P...

Excerpt: ...fied that no amendments to the contract exist during that that 12/1/14 -12/1/15 treatment period. Defendant is ordered to produce any amendments during this time-frame. Additionally, contracts between 2012 and the present are relevant to GPA's handling of the claims for reimbursement that occurred after the one year contract period. The Hospital continued to send appeals to GPA through April 2016. Also, changes to the contract may show whether De...

Excerpt: ...uty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence. Barris v. County of Los Angeles (1999) 20 Cal.4 th 101, 108; Tortorella v. Castro(2006) 140 Cal.App.4 th 1, 3. Only the phar...

Excerpt: ...on has no merit; i.e. that, as to each cause of action, one or more elements of the cause of action cannot be established or there is a complete defense. (Code Civ. Proc., § 437c (a), (p)(2).) 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. (Id.; Hawkins v. Wilton (2006) 144 Cal.App.4th 936, 940.) ...

Excerpt: ...laintiff to show a triable issue of material fact exists as to either the particular cause of action or the proffered defense thereto. (Id. at 468.) County has met its burden here, as County has presented evidence demonstrating that it did not own or control the property at issue at the time of the alleged incident. (UF 1-4, 13 and 15.) Nor could County be liable on the common law negligence claim. (See Gov. Code §810 et seq.) The burden thus sh...

Excerpt: ...454, 459.) If plaintiff fails to establish either element, a preliminary injunction should be denied. (Id.) To establish a likelihood of prevailing on the merits, the moving party must present evidence demonstrating a probability of prevailing on the merits. This is customarily done by affidavits or declarations, although a verified complaint and other discovery can be considered. (See Continental Baking Co. v. Katz (1968) 68 Cal. 2d 512, 527, an...

Excerpt: ...meaningful forum for litigants.” Estate of Meeker (1993) 13 Cal.App.4th 1099, 1105. The case at this point is approximately one year old, and there has been no prior continuance of trial. Plaintiff shows good cause to continue trial due to ongoing medical treatment, and Defendant will suffer little prejudice from granting the motion. Motion to continue is GRANTED Parties are to discuss at the hearing a mutually convenient date for the continued...

Excerpt: ...ns at issue are Nos. 62-67, 70 and 71. SROGs 62-65 and 70-71 concern communications “to YOU” – which was defined to include defendant Jokar Enterprises Inc. (“Jokar”), “including its managers, employees, and agents.” SROGs 66 and 67 seek identification of documents related to Plaintiffs health issues during her employment. Plaintiff had agreed to somewhat limit the scope in the meet and confer process, but Jokar responded only as to...

Excerpt: ...described as “give us everything you have on plaintiff.” Plaintiff moved to “quash” the subpoenas – but in truth was really just asking for a protective order narrowing the scope of said subpoenas. The parties were ordered to meet and confer. They have done so. At the heart of the concern lies plaintiff's putative “bad habits.” According to plaintiff, performance evaluations (category 8), investigations (category 9), disciplinary ac...

Excerpt: ...rt of and in Opposition to defendants' Christopher K. Jafari and Law Offices of Christopher K. Jafari, Motion to Strike [Anti-SLAPP motion], and arguments contained in the Motion. After full consideration, defendants' Motion to Strike the Complaint pursuant to CCP §425.16 is DENIED. Anti-SLAPP motions are evaluated through a two-step process. Initially, the moving defendant bears the burden of establishing that the challenged allegations or clai...

Excerpt: ...a Sovereign Health Of California to provide Further Responses to Plaintiffs' Requests for Production for Documents Set One is GRANTED. Defendant to provide further responses, with verifications, within 15 days. The Plaintiff's requests for monetary sanctions are GRANTED. The Defendant Tony Sharma is ordered to pay $2,000 total in monetary sanctions to the Plaintiff within 15 days of this order. The Defendant Dual Diagnosis Treatment, Inc., dba So...