Excerpt: ...2) plaintiff would return her vehicle to Ford and provide all information necessary to consummate the repurchase, (3) the amount of attorneys' fees due to plaintiff under the Song-Beverly Act would be determined via motion to be filed within 30 days of the mandatory settlement conference, (4) the case would be dismissed without prejudice, (5) the parties would execute a standard settlement and release agreement prepared by Ford's counsel. (See Mo...

Excerpt: ...ement can be reached that resolves the objections to be raised in the motion to strike.” Subdivision (a) further provides that the parties must meet and confer at least five days before the date that a motion to strike is filed. It requires that the moving party file and serve a declaration with the motion to strike: (1) the means by which the moving party met and conferred with the party who filed the pleading subject to the motion to strike, ...

Excerpt: ...nth causes of action are sustained with 20 days' leave to amend. Defendants' request for judicial notice is granted. Defendants demur generally to the entire first amended complaint and to all ten causes of action in therein. The first cause of action is for violation of Civ. Code § 2924.55 and asserted against all defendants. Section 2924.55, which was repealed effective January 1, 2018 and in effect between January 1, 2014 and December 31, 201...

Excerpt: ...clined to GRANT the petition as to issue 5 (f) and issue 7 below and to DENY the petition as to all other issues. However, at the parties' election, the court is inclined to permit further briefing as to issue 7 below. A. Standard of Review Petitioners argue correctly that where the underlying facts are not in dispute, then the ultimate question of procedural fairness -- whether Petitioners received a fair administrative hearing -- is a pure ques...

Excerpt: ...ngful termination under the Fair Employment and Housing Act (“FEHA”). The motion is DENIED as to paragraph 59. This paragraph simply states a required element of a cause of action for intentional infliction of emotional distress – namely, that the conduct complained of was either intentionally hurtful, or done with reckless disregard for probability of causing emotional distress. See, e.g., Hughes v. Pair, 46 Cal.4 th 1035, 1050-1051 (2009)...

Excerpt: ...es, and does not include their attorneys of record. Levy v. Superior Court (1995) 10 Cal.4th 578, 585. Thus, representations made by party counsel or even the temporary judge on the record are insufficient. (Id.) The Court's Minute Order of October 27, 2017 reflecting that the parties reached a “tentative settlement” does not place the settlement before the court pursuant to Code Civ. Proc. §664.6. Neither party, Mr. Landsem nor Wells Fargo,...

Excerpt: ...at he has reviewed the medical records pertaining to plaintiff Kristina Brightbill and that, based on that review as well as his education, training, and experience, he is of the opinion that the care and treatment recorded to her by the moving defendant was well within the standard of care in the community. Dr. Wachtel also attests that that no negligence that could be attributed to the moving defendant either caused or was a substantial factor ...

Excerpt: ...f the opposition. Therefore, the court deems the defect waived. Evidentiary Objections: To Steve Leonard's Declaration: 1. Overruled 2. Overruled 3. Overruled 4. Overruled 5. Overruled 6. Overruled 7. Overruled 8. Overruled 9. Overruled 10. Overruled 11. Overruled 12. Overruled 13. Overruled 14. Overruled To Bradley P. Knypstra Declaration: 15. Overruled 16. Overruled 17. Sustained, Exhibit 3 should have been attached to Plaintiff's expert, John ...

Excerpt: ...eet and confer process, by the filing of a demurrer, or by the filing of a motion for leave to amend. The court does find that the claims and theories of liability alleged in the FAC are substantially similar to the claims alleged in the Sanchez class action, because they arise from the same set of transactions and involve many of the same overlapping questions of law and fact. As a member of the class, Hopson is also a plaintiff in the Sanchez a...

Excerpt: ...Defendant would enter into a licensing agreement with plaintiff to operate the restaurants in Anaheim, Santa Ana and Tustin, with certain restrictions on defendant's ability to license the trademark to others.  Plaintiff would transfer ownership of the Anaheim restaurant to defendant.  Plaintiff would transfer ownership of the Fullerton restaurant business to defendant.  The owner of the Fullerton Property would agree to transfer fee sim...

Excerpt: ...only question is whether the trial court should specifically enforce the arbitration agreement. When a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable. (Rosenthal (1996) 14 Cal.4th 394, 412-413 [error for trial court to merely f...

Excerpt: ...owever, that this may be the end result at a later stage of the proceedings. Plaintiff's request for judicial notice of the location of Plaintiffs' alleged incident as 33 o35'22.7N, 117 o46'13.6”W is DENIED because it is based on search results on Google Maps (Ex. C, D & E) which is not something that is “not reasonably subject to dispute and capable of immediate and accurate determination by resort to sources of reasonably indisputable accur...

Excerpt: ...court DENIES the motion. In Opposition, Defendant Van Cao Nguyen argues correctly that Manh has failed to carry his burden to show that there are any new or different facts, circumstances, or law which would justify revisiting its prior ruling. The court has carefully considered all of the briefs, evidence, and oral and written arguments submitted by the parties. Manh argues that under CCP 1008 (a), he is not required to present newly discovered ...

Excerpt: ...ed brief under the Code of Civil Procedure or Rules of Court. Defendant demurs to all six causes of action in the second amended complaint, which are for fraud, breach of third party contract, conversion, financial elder abuse, deceit, and breach of fiduciary duties. Defendant contends that all six causes of action are time-barred under subdivision (a) of Code Civ. Proc. § 340.6, which provides in relevant part: An action against an attorney for...

Excerpt: ...(d)(2) current “means that the address was confirmed within 30 days before the filing of the motion to be relieved.” An internet title search, by itself, is insufficient to demonstrate that the address is confirmed as current. If the client's current address is not known, service must be made on the clerk of the court pursuant to Code of Civil Procedure section 1011(b). See Cal. Rule of Court 3.162(d). Further, Counsel has submitted a proof o...

Excerpt: ... jurisdiction, the burden of proof is on the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence. Kroopf v. Guffey(1986) 183 Cal.App.3d 1351. Plaintiff contends that the Court has specific personal jurisdiction over the moving defendant. According to a recent decision of the United States Supreme Court, for a state court to exercise specific jurisdiction, the suit must arise out of or relate to the defendant's cont...

Excerpt: ...t,” including claims for harassment. (Ibid.) Defendant also presents evidence that it made a demand upon plaintiff's counsel to arbitrate the dispute on 12/14/17, to which plaintiff did not respond. (Moss Decl., Ex. C.) Plaintiff raises two basic arguments as a defense to enforcement of the arbitration agreement. First, she argues that defendant waived its right to arbitrate by the delay in seeking arbitration. Second, she claims that the arbit...

Excerpt: ...elaware. On March 6, 2018, HCR ManorCare filed a notice of stay. At the time that the notice of stay was filed, plaintiffs had several pending motions to compel discovery on-calendar, including motions to compel further discovery responses against defendant Manor Care of Fountain Valley, CA LLC, that were set for hearing on March 14, 2018, and motions to compel further discovery responses against defendant Heartland Employment Services, LLC, that...

Excerpt: ...es on the ground that motion is procedurally defective in at least 5 related ways. 1. Defective Notice of Motion and Separate Statement First, Plaintiff's notice of motion is defective because it fails to properly identify the specific causes of action, defenses, issues, or claims being addressed. (CRC 3.1350 (b).) Second, Plaintiff's separate statement is defective because it fails to repeat verbatim the causes of action, defenses, issues and cl...

Excerpt: ...gedly orchestrated by defendant Ronald Touchard. “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.” Civ. Code §1714(a). Thus, the law creates exceptions to a g...

Excerpt: ... cause of action is defective as to defendants Majid and Sara Ghorbani because they were not parties to the contract. However, paragraph 5 of the complaint alleges that the three defendants were owners of the real property. Paragraph 6 alleges that all three plaintiffs and all three defendants entered into an oral agreement for the completion of the construction on the property. Paragraph 6 also alleges that defendant Habib Ghorbani later entered...

Excerpt: ...y to permit amendment of the pleadings, even up to and including the time of trial. See Nestle v. Santa Monica, 6 Cal.3d 920, 939 (1972); Atkinson v. Elk Corp., 109 Cal.App.4 th 739, 761 (2003). Thus, if a motion for leave to amend is timely made, and the amendment will not prejudice the other party, it should be permitted. See Morgan v. Sup. Ct., 172 Cal.App.2d 527, 530 (1959). Defendants have not demonstrated prejudice. The amendment to the SAC...

Excerpt: ...ory requirements, so that they are entitled to the rebuttable presumption that service was proper. (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4 th 1426, 1441-1442.) Therefore, the burden is on Defendant to negate the presumption of proper service. (Evid. Code 606.) B. Defendant was Properly Served DENIED on this ground. The court finds that Defendant Gutierrez was properly served by personal service at the Varna address in Anaheim, as s...

Excerpt: ...P 473 (b), (d), 473.5, 418.10, 415.20.) B. Void Judgment; Inherent Equity Power DENIED on this ground. Defendants argue that they were not properly served so that the defaults and default judgments entered against them are void any may be set aside at any time. (Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4 th1241.) 1. POS Defective? Defendants argue that the POS is defective because it does not include a declaration of due diligence. (Motio...

Excerpt: ...1 st COA – Defamation The demurrer to the First Cause of Action for defamation is OVERRULED. Defendant makes two main arguments in support of demurrer: first, that plaintiff cannot allege special damages, and second, that the claim is barred by the statute of limitations. On the previous demurrer, the court ruled that plaintiff's damages were based on delayed entry into the insurance business, and that such damages – being from an unestablish...