Excerpt: ...ualify as alter egos. Before the Court this day is a defense motion by the three putative alter ego defendants (CFNFS, J&W and DJ) for summary judgment on the principal basis they are not alter egos of National Flooring. Plaintiff correctly notes that this is an “unusual motion” – but not for the reason proffered. It is unusual because most of the time plaintiff-creditors seek to add alter egos to an existing judgment by way of a noticed mo...

Excerpt: ...ces for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital.” (CCP § 340.5.) The Supreme Court has provided guidance about the difference between professional negligence versus ordinary negligence by health care providers: “[W]e conclude that whether negligence in maintaining hospital equipment or premises qualifies as professional negligence depends on the nature of th...

Excerpt: ... distinguished, as in Du-All Safety, LLC v. Superior Court (2019) 34 Cal.App.5th 485, 502–503, so that a supplemental designation of Dr. Patel would be permitted, Plaintiff then failed to properly designate Dr. Patel in any event. Plaintiff attempted to supplementally designate Dr. Patel as a retained expert. (Keshmiri Decl. Ex. D.) However, where a treating physician is designated as a retained expert, all of the rules for a retained expert ap...

Excerpt: ...there is no dispute that plaintiff qualifies as a prevailing party overall, and with regard to the specific causes of action which carry a potential right to recover attorney fees (more on this below). Although plaintiff did not prevail on all eight causes of action asserted, she prevailed on a majority of her claims and secured a total award in her favor of $53,624.86. Defendants do not dispute that plaintiff qualifies as a prevailing party but ...

Excerpt: ...dments of pleadings are allowed in theory at any time in furtherance of justice, and while courts generally exercise liberality in permitting amendments, the Court must also consider whether prejudice will result to the other parties. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761; W&W El Camino Real, LLC v. Fowler (2014) 226 Cal.App.4th 263, 270.) Prejudice exists where the amendment would require delaying the trial, add to the costs of ...

Excerpt: ...This motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (CCP § 2024.050(a).) “The court shall take into consideration (1) The necessity and the reasons for the discovery; (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) Any likelihood tha...

Excerpt: ...en to produce admissible evidence on each element of its causes of action entitling him to judgment on the causes of action. (CCP § 437c(p)(1); S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal.App.4th 383, 388.) Only if the plaintiff meets its burden does the burden shift to the other side to present specific facts establishing a triable issue of fact. (CCP §437c(p); Aguilar v. Atlantic Richfield (2001) 25 Cal.4th at 845.) “In...

Excerpt: ...sumers were mailed to approximately 20 individuals pertaining to their loan files, which were requested in connection with some of the requests for production of documents. Although omitted in the moving papers and the Carlin Declaration, based on an email dated 10/4/19 from VOM's counsel to Attorney Martin, nonparty Hebert Borja, one of the consumers, did object to the deposition subpoena. Ex. D. There is no information in the moving papers rega...

Excerpt: ...uding his mental state.” Mem. Supp., at p. 5. Even highly relevant, non-privileged information may be shielded from discovery if its disclosure would impair a person's “inalienable right of privacy” provided by Calif. Const. Art. 1, § 1. (The Rutter Guide, Cal. Proc. Before Trial, § 8:293, citing inter alia, Britt v. Sup.Ct. (1978) 20 Cal. 3d 844, 855–56, & Pioneer Electronics (USA), Inc. v. Sup.Ct. (2007) 40 Cal. 4th 360, 370 [right of...

Excerpt: ... 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. In order to establish the requisite probability of prevailing (§ 425.16, subd. (b)(1)), the plaintiff need only have “'stated and substantiated a legally sufficient claim.'” Briggs v. Eden Counc...

Excerpt: ...um must include a supporting declaration affirming that the costs were reasonable and necessarily incurred. CRC 3.1700(a)(1). If the items in the cost bill appear on their face to be proper (by comparing the cost bill to the list of recoverable costs in CCP §1033.5), the verified memorandum of costs is prima facie evidence of their propriety. The burden then rests with the party seeking to tax costs to show they were improper, unreasonable or un...

Excerpt: ... at ¶8. Additionally, Plaintiff does not dispute that both defendants may seek to enforce the arbitration agreement. Thus, the burden shifts to Plaintiff to demonstrate the arbitration agreement is not enforceable. (Buckhorn v. St. Judge Heritage Medical Group (2004) 121 Cal.App.4th 1401, 1406.) Plaintiff argues that the arbitration provision in this case is not enforceable because it fails to meet the additional procedural requirements for unwa...

Excerpt: ..., or any other official proceeding authorized by law, (e)(2) any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law…” (CCP § 425.16(a); Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, 1062.) The Defendant must show that the activity giving rise to his asserted liabi...

Excerpt: ...wo females, and then slapped one of them on her bottom. Nobody was amused. Several students complained, prompting Bassinne to ramp up his shenanigans by actively intimating students who he viewed as potentially adverse witnesses. Defendant district investigated, and found all the allegations (sexually abuse and subsequent intimidation) credible. The Orange County District Attorney also investigated, and secured from Bassinne a guilty plea to a fe...

Excerpt: ...ct. (See Mount Vernon Fire Insurance Corporation v. Oxnard Hospitality Enterprise, Inc. (2013) 219 Cal.App.4th 876, 881.) But the intent element requires that the defendant either intended to commit a battery or was substantially certain that battery would result from his/her conduct. (CACI 1320; Ashcraft v. King(1991) 228 Cal.App.3d 604, 613.) Plaintiffs assert that by sending them to an infested room, AMC's agents caused them to be bitten by th...

Excerpt: ... support of this issue are reasonably established for purposes of this matter. For Fact 1, it was taken from Plaintiff's operative pleading (see 3rd AC, ¶ 12) and in a summary judgment proceeding, the moving party can fairly rely on the judicial admissions made by the opposing party in the opposing party's pleading to establish a fact and the pleader is generally estopped to deny judicial admissions in his or her own pleading. (Thurman v. Baysho...

Excerpt: ...ice of Exhibits 1 and 2 is GRANTED. Proposed Amendment: The cross complainants' current pleading alleges Trespass and Declaratory Relief causes of action. The proposed First Amended Cross Complaint alleges Declaratory Relief, Slander of Title, Interference with Easement and Negligence causes of action. General Amendment Authorities: Motions for leave to amend are directed to the sound discretion of the judge: ‘The court may, in furtherance of j...

Excerpt: ...ation of Mr. Moon also fails to adequately address the basis for seeking relief as to each (or all) of these three defendants. And while it seems to be seeking relief for defendants MK Fitness and Kim, the attached proposed order is as to MK Fitness alone. The Motion also fails to comply with C.C.P. § 473, as no proposed Answer or otherwise responsive pleading has been submitted with the Motion. (See C.C.P. § 473(b) [“Application for this rel...

Excerpt: ...t present admissible evidence with particularity. (CCP §§ 482.040, 484.030; Goldstein v. Barak Const. (2008) 164 Cal.App.4th 845, 853; Generale Bank Nederland v. Eyes of the Beholder Ltd. (1998) 61 Cal.App.4th 1384, 1391; Bank of America v. Salinas Nissan, Inc. (1989) 207 Cal.App.3d 260, 272-74.) The MP has the burden of proving that there's an appropriate claim for the remedy to issue, and also, the probable validity of that claim. (CCP § 484...

Excerpt: ...aint on 8/8/18. The pleading is not properly labeled to indicate whether it is the first amended complaint or intended to be something else. In addition, the causes of action are not separately stated in compliance with Rule 2.112 of the California Rules of Court. The subject property at issue in the pleading is not identified or described. The plaintiffs allege that the property is located at SE Corner Carpenter and Second Ave, Carmel by the Sea...

Excerpt: ...he parties to engage in a meet and confer conference to occur within the next 10 days to discuss the amendment of the pleading and any future responsive pleadings. Plaintiff must initiate the conference. The amended complaint is due within 10 days after the conference occurs. For reasons of judicial economy, the Court is not granting Plaintiff leave to add new causes of action at this time but Plaintiff may pursue a noticed motion for leave to am...

Excerpt: ...is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day” (emphasis added). Cannivet contends that the $355,455 in damages awarded to him was certain or capable of being made certain by virtue of the fact the monies related directly to services rendered. The test for determining...

Excerpt: ... Court will continue the trial and any related dates for an appropriate period of time. Regardless of the presence of some delay by the Defendant in introducing the defenses into the case, the denial of leave to amend is too drastic an outcome here, where the prejudice can be remedied by the Court giving Plaintiff time to address the defenses. The equities weigh in favor of granting leave. The Court expects the parties to pursue their remaining d...

Excerpt: ...ocess service, Mario Gomez, specifically states, “I have been unable to locate defendant [both Sami Fargo and Khelood Fargo in the respective declarations], therefore I have been unable to effect service. Fargo Opposition, Ex. 3. As neither Sami Fargo nor Khelood Fargo were served the deposition subpoenas pursuant to CCP § 1987(a), the motion to quash these subpoenas are Granted. The motion is Denied as to the subpoenas of Pamela Allen (“Pam...

Excerpt: ...ve received the same reprimand, and that hers was worse because she was female. On 10/25/18, this Court granted defendant's motion for summary judgment. After reviewing all the evidence, this Court found in pertinent part as follows: “Plaintiff admits that she was an at-will employee, subject to immediate termination for violating [company policy]. Nonetheless, plaintiff contends that the decision to terminate her for violating company policy w...