Excerpt: ... three Defendants also move to strike Plaintiff's request for punitive damages on the ground that the FAC does not assert any factual allegations of malice, oppression, or fraud to support such an award. Meet and Confer The parties adequately met and conferred prior to the filing of these Demurrers and Motions to Strike. Uncerta inty Demurrers for uncertainty "are granted only if the pleading is so incomprehensible that a defendant cannot reasona...

Excerpt: ...Rules of Court, rule 3.1113, subd. (d).) (Cal. Importantly, memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper." (Cal. Rules of Court, rule 3.1113, subd. (g). ) trial court has broad discretion to accept or reject late-filed papers." (Rancho Mirage Country Club Homeowners Assn. v. Haze/baker (2016) 2 Cal.App.5th 252, 262; Mackey v. Board of Trustees of California State Univ...

Excerpt: ... of the State of California, and that as a result, under the express terms of Proposition 213, codified as Civil Code section 3333.4, Plaintiff is not entitled to recover non-economic damages in this matter. Defendant contends that Plaintiff cannot meet the burden of producing evidence to dispute material facts. Plaintiff asserts that Defendant is seeking to eliminate just one aspect of compensatory damages, but that a party cannot obtain summary...

Excerpt: ...of hearing; • The specific order or judgment sought; • The grounds on which the motion is made; and • The documents or evidence relied upon. [CCP S 1010] Additionally, pursuant to Ca Rules of Court, Rule 3.1350(b), "If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically ...

Excerpt: ...istake." [Code Civ. Proc. 338(d).) Where a plaintiff relies on a theory of fraudulent concealment, delayed accrual, equitable tolling, or estoppel to save a cause of action that otherwise appears on its face to be time- barred, he or she must specifically plead facts which, if proved, would support the theory. [Mills v. Forestex co. (2003) 108 cal.App.4th 625, 641 (Mills).] "A close cousin of the discovery rule is the 'well accepted principle . ....

Excerpt: ...moves for an order compelling Wonderland to provide within 15 calendar days of the court's ruling: verified responses to all of Colvin's discovery requests, and documents in response to Colvin's Requests for Production of Documents, Set One ("RFP 1"), Nos. 1 through 49. Further, Colvin moves for an order for an award of monetary sanctions against Wonderland and its attorney of record, jointly and severally, in the amount of $15,000 for each motio...

Excerpt: ... Yelp review is protected as it is an act in furtherance of her right of petition or free speech in connection with a public as “any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest under Code of Civil Procedure section 425.16(e)(3); that it is well-settled that website accessible to the public are public forums for the purposes of the anti-SLAPP statute; an...

Excerpt: ... of Documents; that Ho has redacted Ho 045 based on attorney-client privilege but that such assertion of the privilege is impossible as it is a communication with Plaintiff; that Ho has redacted Ho 050, and Ho 051 based on privacy and third party privacy rights, but fails to state how third party privacy rights are affected. Plaintiff also contends that monetary sanctions are warranted for Ho's unmeritorious objections, failure to produce essenti...

Excerpt: ...t Cause of Action for Age Discrimination Pursuant to Government Code section 12940(a)(1), it is unlawful “to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment” because of...

Excerpt: ...moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at 851.) Where a plaintiff seeks summary judgment, the burden is to produce admissible evidence on each element of a ca...

Excerpt: ...effrey A. Swedo and Gordan Rees Scully Mansukhani, LLP for each of the four motions, as well as awarding sanctions in the amount of $250, jointly and severally, against Anaheim Hills and its counsel of record, Jeffrey A. Swedo and Gordan Rees Scully Mansukhani, LLP, for failing to meet and confer under Code of Civil Procedure sections 2023.010(i) and 2023.050(a)(3), for each of the four motions. Plaintiff contends that the responses to the discov...

Excerpt: ...prior to filing a demurrer, “the demurring party . . . . meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer . . . .” As part of the meet and confer process, the demurring party must identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. (Code Civ. Proc. § 430.41(a)(1).) “If, upon review of ...

Excerpt: ... unlike Civil Code section 52, does not permit liability against both direct actors and those who are allegedly vicariously liable because Civil Code section 52(b) permits liability for those who “aids, incites, or conspires” in a violation of the act but Civil Code section 52.1 does not provide similar language. Defendant KUHNS does not contest liability under Civil Code section 51 or 51.7. Civil Code section 52.1 states, in pertinent part, ...

Excerpt: ...inued the hearing specifically indicating in its minute order, “The briefing on the Demurrer is not continued. All briefing is due as if the Demurrer is being heard on 01/26/2023.” (ROA 53.) Plaintiff filed an Opposition on 2/15/2023, which is untimely and not considered. (ROA 60. ) Plaintiff's failure to timely oppose the demurrer can be treated as an implied concession to the merits of the same. [Herzberg v. County of Plumas (2005) 133 Cal....

Excerpt: ...ction because he is not a licensed contractor and (2) there is no privity of contract between Plaintiff and Defendant John Waldrop. “A cause of action for damages for breach of contract is comprised of the following elements: (1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff.” (Durell v. Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1367.) Importantly...

Excerpt: ...ile a motion compelling further answers to a request for production of documents, if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310.) The motion must be accompanied by a declaration stating facts showing a “reasonable and good faith attempt” to resolve informally the issues presented by the motion before filing the motion. (Code C...

Excerpt: ...ing punitive damage allegations at paragraph 65, 13:20-23; at paragraph 70, 14:25-28; at paragraph 75, 16:11-14; at paragraph 81, 17:5-8; and the prayer for relief, at 17:7, 19:2-5, 19:7-10, 19:12-15. The SCM Defendants assert that they are owners of a hotel in Pismo Beach, and that the Seventh and Eighth Causes of Action for Negligence and Premises Liability fail to state facts sufficient to state a cause of action because they did not owe Plain...

Excerpt: ...te Doctrine and no exceptions apply; (2) the First Cause of Action for Negligence is without merit because there is no triable issue of material fact that Defendant owed no duty to Plaintiff because the condition was open and obvious; (3) the First Cause of Action for Negligence is without merit because there is no triable issue of fact that Plaintiff can produce no admissible evidence that Defendant's conduct was a breach of the standard of care...

Excerpt: ...ction for sound testing and measurement of the air conditioners located at 408 Balboa Rd. in Newport Beach, and awarding monetary sanctions against Defendants and their counsel in the amount of $4,500 for the misuse of the discovery process. These motions were originally heard on January 19, 2023. As to the first motion, the Court's tentative ruling vacated the motion to compel the deposition of Starr as she was dismissed, without prejudice, from...

Excerpt: ...anted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made b...

Excerpt: ...s for Production, Set Two, Nos. 23-33, and awarding monetary sanctions in the amount of $8,445. Plaintiff asserts that Guadarrama's deadline to comply with the Discovery Order was August 1, 2022, but that more than two months has passed and Guadarrama has neither provided the discovery, nor paid the monetary sanctions to Plaintiff, warranting issue and evidentiary sanctions. Plaintiff also contends that the requested information goes to the heart...

Excerpt: ...at the instant action involves two consolidated complaints and claims among numerous parties, all of which depend on the existence of a valid, enforceable contract between just two of the parties: Honarkar and Defendant/Plaintiff, The Picerne Group (“TPG”). Honarkar requests that trial be bifurcated with his Complaint, consisting of a single declaratory relief cause of action, and the issue of the existence and formation of a contract proceed...

Excerpt: ...aint for violations of Penal Code §§245(a)(1), 12022.7(a), and 243(d) filed against Harris, entitled People of the State of California v. Jonathan Michael Harris, Orange County Superior Court Case No. 21WF0559, as a result of the incident that is the subject of this lawsuit; and that Harris' pending criminal action has prevented, and will continue to prevent, Harris from fully participating in and providing discovery the AKUA Defendants require...

Excerpt: ...7/21/2022 Plaintiffs filed a Motion to Compel Responses to Deposition Questions (ROA 93). The depositions of Defendants Nima Alimagham, Amir Hosseindoost, Kiasram Khajeouri, occurred on May 23, and 26, 2022. [Original Declaration of Foroozandeh ¶4.] Each Defendant asserted the Fifth Amendment protection against self-incrimination and refused to answer questions. [Id.¶8.] At the hearing on 10/27/2022, Counsel gave the Court approval to view crim...

Excerpt: ...fendants' objections are meritless boilerplate. A demanding party may move for an order compelling further response to a demand for inspection if a statement of compliance with the demand is incomplete, a representation of inability to comply is inadequate, or an objection is without merit or too general. (Code Civ. Proc., § 2031.310(a).) As an initial matter, Defendants argue the Motions should be denied because Plaintiffs' claims are preempted...