Excerpt: ...such, should plaintiffs/DlG indicate the reply was not served on them, then the court will contnue the hearing to permit time for plaintffs/DlG to review the reply and prepare for the hearing. Andersson brings her Motion pursuant to Civ. Proc. Code SS 426.50 and 426.10. "A motion to file a cross-complaint [under Civ. Proc. Code S 426.50] at any time during the course of the action must be granted unless bad faith of the moving party is demonstrat...

Excerpt: ...cts supporting the statutory elements of the violation." (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 619.) aut here, COA 9 essentially just recites the elements of the statute without identifying what GM allegedly did or did not state in any advertising or publication which could trigger liability under Bus. & Prof. Code 517531. The claim thus fails as pled. For COA 10, a cause of action for conversion requires allegations of...

Excerpt: ...s discretion will therefore not consider the very late filed opposition. (CRC Rule 3.1300(d).) As to the merits of the demurrer, Defendant argues Plaintiff's causes of action ("COA") Nos. 3 and 5 fail to state sufficient facts to constitute a COA against Defendant. (Code Civ. Proc. S 430.10(e).) The court agrees. 1) COA No. 3 — Violation of Civ. Code S 1793.2(a)(3) "(a) Every manufacturer of consumer goods sold in this state and for which the m...

Excerpt: ...n. (O'Connell v. Superior Court (2006) 141 Cal.App. 4th 1452, 1481.) The moving party has the burden to show that it is reasonably probable it will prevail on the merits. (San Francisco Newspaper Printing Co. v. Superior Court (1985) 170 Cal.App.3d 438, 442; Weil & Brown, 9:632.1.) Additionally, "[i]n deciding whether to issue a preliminary injunction, a trial court weighs two interrelated factors: [1] the likelihood the moving party ultimately w...

Excerpt: ...rom limited to unlimited jurisdiction, i.e., that a greater recovery "could not be obtained" or is "virtually unobtainable." ld. at p. 269-270. Appellate courts have underscored the high threshold set by Walker: "[The plaintiff] may well not prevail on the factual disputes regarding the extent of his injuries .... But a [Walker] hearing is not to be perceived as a minitrial or an opportunity for a trial judge to put forth a well-educated guess of...

Excerpt: ...nd thereto, and for $1,280.88 in sanctions on each such motion, against Gill and Kaur, respectively; b) Motions 3-5 (ROAS 62, 82 and 50): Plaintiff moves to compel responses without objections to Requests for Production, Set One, as directed to Defendant Mickle & Lucky Estates, LLC (here, "Owner"), Kaur and Gill, for failure to respond thereto, and for $1,280.88 in sanctions on each such motion, against Owner, Kaur, and Gill, respectively; c) Mot...

Excerpt: ...the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The plaintiff or crosscomplainant sh...

Excerpt: ... it will not be automatically allowed; there must then be a "careful balancing" of the "compelling public need" for discovery against the "fundamental right of privacy."' " (Bd. of Trustees v. Superior Court (1981) 119 Cal. App. 3d 515, at 525.) "The party asserting a privacy right must establish [1] a legally protected privacy interest, [2] an objectively reasonable expectation of privacy in the given circumstances, and [3] a threatened intrusio...

Excerpt: ..., Mr. Xu challenges service of the Summons. "When a defendant challenges the court's personal jurisdiction on the ground of improper service of process 'the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service.'" (Summers v. McClanahan (2W5) 140 Cal.App.4th 403, 413.) The plaintiffs have submitted evidence show-ng Mr. Xu was served by substitute service. under Code o...

Excerpt: ... truth of contentions, deductions, or conclusions of fact or law. (alankv. Kirwan (1985) 39 Cal.3d 311, 318.) Cause of Acton 1: Breach of Contract To allege a claim for breach of contract plaintiff must plead: (1) the existence of a contract; (2) the plaintiff's performance or excuse for nonperformance; (3) the defendant's breach; (4) resulting damages to the plaintiff. (Oasis West Realty, LLC v. Goldman, (2011) 51 Cal. 4th 811, 821.) Defendant a...

Excerpt: ...ne any of the following: ... "(4) Reported a work-related ... injury „ except in cases where the employee alleges they have been retaliated against because they have filed or made known their intention to file a workers' compensation claim pursuant to Section 132a, which is under the exclusive jurisdiction of the Workers' Compensation Appeals Board. Plaintiff alleges that he injured his head and neck while entering a car, and as a result of rep...

Excerpt: ... is a substantial probability they will prevail on the claim for punitive damages. (Civ. Code S 3295(c); Jabro v. Superior Ct. (2W2) 95 Cal. App. 4th 754, 757 ("Jabro").) "[B]efore a court may enter an order permitting discovery of a defendant's financial condition, it must (1) weigh the evidence submitted in favor of and in opposition to motion for discovery, and (2) make a finding that it is very likely the plaintiff will prevail on his claim f...

Excerpt: ...plaint; the request for entry of default. „ and a copy of the judgment." Code Civ. Proc., S 670, subd. (a). Ajudgment, void on its face, is not governed by Code of Civil Procedure S 473. [Citation.] Such a judgment may vacated upon motion or may be set aside by the court on own motion. Montgomery v. Norman (1953) 120 Cal.App.2d 855. A trial court has the inherent power to set aside a judgment void on its face at any time. Connelly v. Castillo (...

Excerpt: ...n, Set One ("Motion 3" below). Plaintiffs' motions are procedurally deficient. First, they improperly purport to compel responses to three different discovery devices in the motion. Inexplicably, Plaintiff attempts to remedy the problem not by separating the motons but in filing the same moton three times. For each, Plaintiffs failed to submit a declaration evidencing meet and confer efforts as required by C.C.P. SS 2016.040, 2031.310(b)(2), and ...

Excerpt: ...wed "only to issues related to the new Cause of Action." The new cause of action which plaintiffs sought to add was for "Violation of Labor Code 5970, Soliciting Employment Through Misrepresentation." CCP 5599 did not extend the discovery cut-off because that section only applies "unless ordered otherwise by a court" and in this instance, the Court made a specific order as to the limited scope of additional discovery that would be allowed. With r...

Excerpt: ...ween the parties that covers the controversy or claims at issue. (Roes v. SFBSC Management, LLC (9th Cir. 2016) 656 Fed.Appx. 828, 829; Knutson v. Sirius XM Radio Inc. (9th Cir. 2014) 771 F.3d 559, 565.) In determining the validity or "the rights of parties to enforce an arbitration agreement within the FAA's scope, courts apply state contract law while giving due regard to the federal policy favoring arbitration." (Pinnacle Museum Tower Assn. v....

Excerpt: ...State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774-776, Bender v. County of Los Angeles (2013) 217 Cal.App.4th 968, 989, and Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1266 [mere statements in MPAs and declaration of counsel insufficient to rebut prima facie showing].) As such, Plaintiff's assertion that the entire Memorandum of Costs is defective because it does not include any affdavits or receipts fails as there is no such requirement in the...

Excerpt: ... will appear and discuss what arrangements have been worked out as to this matter. B) Demurrer Defendant Jason Krieck's (Krieck) Demurrer to plaintiffs John Pressney and Pamela Pressney"s (Plaintiffs together) Fourth Amended Complaint (FAC) is OVERRULED. Krieck demurs to causes of action (COA) No. 3 for Elder Abuse, and No. 4 for Unfair Business Practices. Although Krieck made general arguments as to why the FAC does not state facts sufficient to...

Excerpt: ...d 2 are MOOT, except for the issue of sanctions. Motion 3 is DENIED. Motions 1 and 2: Motions to Compel Answers to Discovery Plaintiff seeks to compel 1st Pass' responses to its first set of Requests for Production of Documents and Special Interrogatories. In the Oppositions, 1st Pass contends it provided full and complete responses to the subject discovery after the motions were filed. The Oppositions show initial responses were served on August...

Excerpt: ...rent hearing was set as a motion to compel further responses to RFAs, the Court will consider the RFAs at this time. The next procedural problem is that Plaintiff failed to concurrently file a declaration with the motion evidencing meet and confer efforts as required by CCP S Plaintiff attempted to remedy the problem by filing three Notces of Errata attaching the full motions with the declarations on the last court day before the hearing. Further...

Excerpt: ...t recovery of punitive damages." (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 405) "The plaintiff must also allege (and ultimately prove by clear and convincing evidence) that the neglect caused the elder or dependent adult to suffer physical harm, pain or mental suffering. (Citations omitted) Finally, the facts constituting the neglect and establishing the causal link between the neglect and the injury "must be ple...

Excerpt: ...Consulting, Behrooz Entezam aka Bruce Entezam and Behzad Entezam, aka Ben Entezam (collectively "Green" or "RP") is SUSTAINED in part and OVERRULED in part. RP objects to the demurrer on the ground that it was filed six days late. RP argues that it only granted a one week extension to "answer" and not to file a demurrer. Based on the Court's review of the correspondence and declarations, there appears to have been some confusion on the use of the...

Excerpt: ...88-89; Jarrow Formulas, Inc. v. LaMarche (2003) 31 C4th 728, 733.) "Only a cause of action that satisfies both prongs of the anti-SLAPP statute-i.e., that arises from protected speech or petitioning and lacks even minimal merit-is a SLAPP, subject to being stricken under the statute." (Navellier, supra, 29 Cal. 4th at 89.) "As used in this section, "act in furtherance of a person's right of petition or free s#ech under the United States or Califo...

Excerpt: ...ion under Section 2016.040. [9] The court, for cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: [9] (1) That the deposition not be taken at all." (Code Civ. Proc., S 2025.420, subds. (a),...

Excerpt: ...nintelligible" (Code Civ. Proc., 5430.10, subd. (f)), "[a] demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures." (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Additionally, "[d]emurrers for uncertainty are disfawred, and are granted only if the pleading is so incomprehensible that a defendant cannot rea...