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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...”), 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...