Excerpt: ...vacy is a 'fundamental interest' of our society, essential to those rights ‘guaranteed by the First, Third, Fourth, Fifth and Ninth Amendments to the U.S. Constitution.' … However, ‘the constitutional right of privacy is not absolute; it may be abridged to accommodate a compelling public interest. [Citations.] One such interest, evidenced by California's broad discovery statutes, is ‘the historically important state interest of facilitati...

Excerpt: ...as specifically directed at Plaintiff with an intent to harm, and that Plaintiff's allegations do not constitute conduct that is so outrageous and shocks the conscience to impart liability under an IIED theory. Huntington Gardens also contends that leave to amend should be denied as amendment would be futile. Plaintiff contends that the demurrer does not specify the code section under which Huntington Gardens makes it demurrers, that the IIED cau...

Excerpt: ...… “(d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. “(e) Notwithstanding any other provision of la...

Excerpt: ...996) 12 Cal.4th 631, 638.) Under CCP § 338(d), the statute of limitations for a cause of action for fraud is three years. The cause of action is not deemed accrued “until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.” (CCP § 338(d); (Kline v. Rutner (2001) 87 Cal.App.4th 1369, 1373.) Section 338(d) effectively codifies the delayed discovery rule in connection with actions for fraud. (Britton v. Girar...

Excerpt: ...nts, without objection, and to produce all responsive documents in his possession of under his control. Plaintiff seeks monetary sanctions in the amount of $1600 against Defendant and his attorneys of record herein, Timothy Joens and Matthew Joens. (ROA 42) Initially, it should be noted that service herein was defective. The motions were served by electronic delivery on 10/11/2021, but the email addresses of the parties appearing herein were not ...

Excerpt: ... the statement of compliance with the demand is incomplete; (2) a representation of inability to comply is inadequate, incomplete, or evasive; and (3) an objection in the response is without merit or is too general. A motion filed pursuant to C.C.P. section 2031.310 requires the motion “set forth specific facts showing good cause justifying the discovery sought by the demand.” There are only two document demands at issue. Request No. 3 seeks:...

Excerpt: ...ntiffs named therein. The elements of a medical malpractice cause of action are: (1) duty of professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between negligent conduct and resulting injury; and (4) actual loss or damage resulting from professional's negligence. (Avivi v. Centro Medico Urgente Med. Ctr. (2008) 159 C...

Excerpt: ...Privacy; Plaintiff alleges the following: he was riding a motorized skateboard in the City when he was stopped by Officer Ecsedy and cited for riding the skateboard in the area. After, Plaintiff walked to an area with a crowd of about 300 people on the block in their 20s and 30s. City Police officers arrived at the area. Officers Ecsedy and Vidana told Plaintiff to leave the city. He stated he would not leave without his friend. He called his fri...

Excerpt: ...4.35 against Plaintiffs for the costs incurred when Z-WANG failed to appear for his noticed depositions and for the attorney fees incurred in filing this Motion. LOAN OAK seeks terminating sanctions pursuant, inter alia, to Code of Civil Procedure Sections 2023.010, 2023.030, and 2025.450. C.C.P. section 2023.010(g) defines the misuse of discovery process to include “[d]isobeying a court order to provide discovery.” C.C.P. section 2023.030(a)...

Excerpt: ...ing monetary sanctions in the amount of $4,642.50 against Defendant and his counsel of record, Niral Patel. Plaintiff contends that Defendant's responses to the SPROG are deficient and evasive; that the objection that SPROG, Nos. 1, 10, 11, 12, and 13, are unintelligible due to the definition of “INCIDENT” is without merit; that the objections to SPROG, Nos. 2 to 9, and 35 to 70 that they have been previously propounded and that continuous di...

Excerpt: ...or breach of contract, fraud, and products liability, or its claim for punitive damages as to World. The court combines the discussion of both motions to make the ruling more manageable. A. Background Brief Factual Background The plaintiff alleges that World entered into a contract with Fueling to convert 50 fleet vehicles from gasoline to compressed natural gas (“CNG”) power and to provide warranty coverage on emission and control systems in...

Excerpt: ...gations do not go beyond the statement of a mere contract breach and, relying on the same alleged acts, simply seek the same damages or other relief already claimed in a companion contract cause of action, they may be disregarded as superfluous as no additional claim is actually stated. Thus, absent those limited cases where a breach of a consensual contract term is not claimed or alleged, the only justification for asserting a separate cause of ...

Excerpt: ... Plaintiff. (See SSUMF 1.) 1st COA for Medical Negligence The elements of a medical negligence cause of action are: 1. Duty of professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; 2. A breach of that duty; 3. A proximate causal connection between negligent conduct and resulting injury; and 4. Actual loss or damage resulting from professional's negligence.   (Avivi v. C...

Excerpt: ...her responses as to Nos. 1-33, 36, 39-61. Meet and Confer A motion to compel further responses to requests for admission must include a meet and confer declaration pursuant to CCP § 2016.040. (CCP § 2033.290(b)(1).) A declaration pursuant to CCP § 2016.040 must “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” Here, Plaintiff files the declaration of her counsel, Harm...

Excerpt: ...n. Motions: Per the declarations of Corey Taylor, counsel for Defendant, in support of the motions, Plaintiffs failed to timely respond to discovery requests. Responses were due on 6/11/21. Attorney Taylor sent opposing counsel a letter on 8/20/21 stating he would file a motion if responses were not received by 8/23/21. There was no response to that letter. These motions were filed on 9/22/21. Plaintiffs filed an untimely omnibus opposition (file...

Excerpt: ...ses to Form Interrogatory, Nos. 12.1 is evasive and incomplete, as the response to No. 12.1 identifies 191 allegedly percipient witnesses and does not truly respond to the call of the request, that Plaintiff is entitled to the contact information of percipient witnesses, and that the boilerplate objections are without merit. Defendant, Southern California Specialty Care, LLC dba Kindred Hospital Santa Ana (“Kindred Hospital”) contends that it...

Excerpt: ... claims contractual damages which is not permitted for the tort of negligent misrepresentation and is recoverable through Plaintiff's bad faith claim rendering the cause of action deficient, redundant and improper. Plaintiff Mindi Miller (“Plaintiff”) contends that additional facts have been added to support the element of justifiable reliance, that justifiable reliance is a question of fact, and that the negligent misrepresentation claim aga...

Excerpt: ...ponding party permits. “(b) Each answer shall: “(1) Admit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party. “(2) Deny so much of the matter involved in the request as is untrue. “(3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge. �...

Excerpt: ... compel further responses to interrogatories or inspection demands must include a meet and confer declaration pursuant to CCP § 2016.040. (CCP §§ 2030.300(b)(1), 2031.310(b)(2).) A declaration pursuant to CCP § 2016.040 must “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” Here, Plaintiff files a separate declaration of her counsel, Harmony Alves, in support of each...

Excerpt: ...etween…Plaintiff and Defendant, and/or each of them,” and that a copy of the agreement is attached as Exhibit A. Exhibit A appears to consist of two documents: (1) an apparent invoice dated 02/04/2021 from “Drinkwater Investment Group LLC” billed to “Boss Consulting”, and (2) an email message. Although the complaint alleges the existence of an agreement (comprised of the order and invoice), the cause of action is still uncertain and/o...

Excerpt: ...iled two motions in a single moving document, with only one reservation, and only one filing fee paid. The court orders Defendants to pay the additional filing fee within 5 days. 1. Motion to Compel CCP § 2025.480(a) states: “(a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpo...

Excerpt: ...defaulted on two business loans and that Defendant is obligated to pay on the remaining outstanding balance on the loans such that Plaintiff is entitled to summary adjudication on the First and Third Causes of action in this collection action. The motion is unopposed. A plaintiff has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to ju...

Excerpt: ...ed as Exhibit A to the Complaint. “Schedule A” attached to the note shows interest totaling $29,811.55. The Complaint states Defendant made the first two payments, albeit late, but failed to make the last and final payment which was due on 9/30/20. The Court overruled Defendant's demurrer on 4/22/21. Defendant answered on 5/28/21. Proof of Service: There was no proof of service filed or attached to the motion. There was also no opposition. Pl...

Excerpt: ...pertinent part, as follows: “Liability for the compensation provided by this division, in lieu of any other liability whatsoever to any person except as otherwise specifically provided in Sections 3602, 3706, and 4558, shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course of the employment and for the death of any employee if the injury proximately causes...

Excerpt: ...n to strike shall be entitled to recover his or her attorney's fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” Under this provision, any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.  (...

Excerpt: ...Decl., ¶3.) Fraudulent Conveyance: “Under the UFTA, ‘a transfer of assets made by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer, if the debtor made the transfer (1) with an actual intent to hinder, delay or defraud any creditor, or (2) without receiving reasonably equivalent value in return, and either (a) was engaged in or about to engage in a business or transaction for which the d...

Excerpt: ...laims that are the subject of this action dated November 14, 2019 (the “Agreement”); that all Defendants named in the Complaint are included and covered by the Arbitration Agreement; that Plaintiff refuses to arbitrate the claims; and that all requirements of Code of Civil Procedure section 1281.2 are satisfied. Plaintiff contends that the Agreement is unenforceable because it is procedurally unconscionable as an adhesion contract because it ...

Excerpt: ... into hospice care. She returned to the property as her health improved, but her mental state deteriorated. Plaintiffs allege Defendant moved Candaleria Singh out of the house and kept her in a hotel, and Defendant gave her drugs and alcohol. In February 2019, Defendant quitclaimed her interest in the property to himself. Candaleria Singh had no recollection of transferring title. Plaintiffs filed a proof of service of summons on 6/11/21 (ROA 27)...

Excerpt: ...dy Property”. Defendants' Notice of Motion. Defendants' Notice of Motion, the caption and the body of the Notice, states that Defendants are seeking to compel Plaintiff's further deposition to answer questions pertaining to Plaintiff's Trust and the sale and resulting proceeds of Plaintiff's property known as the “Kennedy Property”. (See Notice of Motion caption and body of Notice.) Defendants' Motion, however, discusses Plaintiff's failure...

Excerpt: ...efendant has such minimum contacts with the state that the assertion of jurisdiction does not violate traditional notions of fair play and substantial justice. The concept of minimum contacts ... requires states to observe certain territorial limits on their sovereignty. It ensure[s] that the States, through their courts, do not reach out beyond the limits imposed on them by their status as coequal sovereigns in a federal system. To do so, the mi...

Excerpt: ...ement are indefinite and unknown. ISSUE 2 – Regarding Plaintiff's First Cause of Action for Specific Performance. Plaintiff is not entitled to specific performance against the Estate for ownership of the Lilac Property because she never fully performed on the written agreement. ISSUE 3 – Regarding Plaintiff's Fourth Cause of Action for Specific Performance. Plaintiff is not entitled to specific performance against the Estate for ownership of ...

Excerpt: ... allege facts of defendant's oppression, fraud, or malice. (CC § 3294(a).) “Malice” is defined as conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (CC § 3294(c)(1).) “Oppression” is defined as despicable conduct that subjects a person to cruel and unjust hardship in conscious dis...

Excerpt: ...ate that it certified or declared as true “under the laws of the State of California”, as required by code. (See CCP § 2015.5.)” As such, the court continued the motions “to allow Plaintiff to file proof of proper service of the opposition and to allow Defendant to cure his failure to fully comply with CCP § 2015.5.” The court is in receipt of a proof of service filed by Plaintiff (ROA 38), indicating overnight mail service of the opp...

Excerpt: .... Plaintiffs contend that Code of Civil Procedure §§ 1060, 1061, 1062.3, 1281, and 1281.2 authorize the Court to make a binding declaration of the parties' respective rights and duties concerning an arbitration agreement (the “Agreement”). Plaintiffs contend that a controversy in the interpretation and enforceability of the Agreement has arisen which requires the Court to make a binding declaration of the parties' respective rights and duti...

Excerpt: ...r admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.23...

Excerpt: ...§ 2030.290(c) and 2031.300(c), which relate to a party's failure to respond to interrogatories and inspection demands, respectively, nowhere in Plaintiff's memorandum of points and authorities does Plaintiff mention or discuss such statutes or the applicability of the same to the facts here. In any case, it appears that Plaintiff argues that sanctions are necessary because: (1) Defendant failed to conduct a noticed deposition, (2) Defendant viol...

Excerpt: ...ginal amount of $440,204.10, but that Judgment Debtors have not satisfied any portion of the judgment, such that the current amount owing on the judgment, with post-judgment interest and recoverable costs, is $525,420.44 (the “Judgment Balance”). Judgment Creditor contends that Code of Civil Procedure § 708.510 authorizes the Court to enter an assignment order directing a judgment debtor to assign to a judgment creditor all or part of a righ...

Excerpt: ...FFIC improperly denied coverage related to business loss resulting from the COVID-19 pandemic and governmental orders shuttering businesses. Plaintiffs further claim that the insurance broker, WEIS, was negligent in failing to obtain proper insurance. On 9/23/21, this Court overruled FFIC's demurrer to the FAC. FFIC answered on 10/8/21. WEIS filed this demurrer on 8/20/21. To state a claim for negligent failure to obtain insurance coverage, the p...

Excerpt: ...ors”) have not satisfied the judgment entered by this Court in favor of Judgment Creditor, and that Judgment Debtors have membership interests in Nino Land & Investment Co., LLC. No opposition has been filed. Judgment Creditor brings this motion pursuant to Code of Civil Procedure sections 708.310 and 708.513, and Corporations Code section 17705.03. Code of Civil Procedure (“CCP”) § 708.310 states, in relevant part, “If a money judgment ...

Excerpt: ...FFIC improperly denied coverage related to business loss resulting from the COVID-19 pandemic and governmental orders shuttering businesses. Plaintiffs further claim that the insurance broker, WEIS, was negligent in failing to obtain proper insurance. On 9/23/21, this Court overruled FFIC's demurrer to the FAC. FFIC answered on 10/8/21. WEIS filed this demurrer on 8/20/21. To state a claim for negligent failure to obtain insurance coverage, the p...

Excerpt: ...amages and attorney fees and costs relating to the fifth cause of action. Plaintiff filed a complaint on 3/19/21 against Defendants Dr. Amy Bandy and Amy T. Bandy, Medical Corporation. On 7/15/21, this Court granted Plaintiff leave to amend the Complaint to allege punitive damages. The operative pleading is the FAC, which alleges Professional Negligence, Intentional Infliction of Emotional Distress, Intentional Misrepresentation, Fraudulent Conce...

Excerpt: ...ppears to be referencing the Memorandum of Points and Authorities in Support of Petitioner's Ex-Parte Petition for Temporary or Permanent Administrative Mandamus and Complaint for Relief that was filed on July 1, 2021. (ROA 6.) On 7/14/21, the Court, having considered the arguments and evidence, both written and oral, of all parties, denied Petitioner's Ex Parte Petition for Temporary or Permanent Administrative Mandamus (“Ex Parte Petition”)...

Excerpt: ...the property owned, possessed, and/or otherwise controlled by Plaintiffs -- Parcel No.: 09831305, Lot No.: 120, Tract Nox 2524, with the physical address of 9122 Washington Avenue, Westminster, California 92683 (“Subject Property”); (2) interfering with, disturbing, violating, and/or engaging in any other act, omission, and/or conduct that directly and/or indirectly causes harm, injury, and/or damage to Plaintiffs' quiet use and enjoyment of ...

Excerpt: ... may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affected by a motion to expunge the notice. The claimant shall have the burden of proof under Sections 405.31 and 405.32.” Defendant argues that the notice of pendency of action should be expunged because of (1) Plaintiff's failure to comply w...

Excerpt: ...es o $1,5101.10 in deposition costs o $175.47 in service of process fees o $13,725.00 in expert witness fees; • The requested $19,825.00 in expert witness fees; • The $235.00 for filing and motion fees. Verification Cal. Rules of Ct., 3.1700(a)(1) requires that the memorandum of costs be verified. Plaintiff argues that the instant memorandum of costs is not verified. However, on 8/30/21, the court granted Defendant's Ex Parte Application For ...

Excerpt: ...33.) Here, as an initial matter, the Court entered Judgment in this matter on 8/12/21. (ROA 432.) The Notice of Entry of Judgment was filed and served by electronic service on 8/24/21. (ROA 442.) On 9/7/21, Cross-Complainant and Defendants Majid Adassi, Happy Kids Nutrition, Inc., and Wijdan Adassi, as successor-in-interest to the estate of Shaheer Adassi filed a Notice of Intention to File Motion for New Trial. (ROA 448, 450.) The Court notes th...

Excerpt: ...21 against Defendants MJA Restaurants, Inc. (“MJA”), 4G Wireless, Inc. (“4G”), James M. Burcar, and Does 1 through 20 for: 1. Breach of Written Contract; 2. Common Counts; and 3. Enforcement of Guaranty Plaintiffs leased property to Defendant MJA with Defendants 4G and Burcar signing as guarantors. Plaintiffs claim MJA failed to pay rent beginning in August 2019. A plaintiff may, upon the filing of the complaint or at any time thereafter,...

Excerpt: ...0 is GRANTED, pursuant to Evidence Code section 452(d). First Cause of Action (“COA”) – Breach of Contract Defendant contends that the SAVC is ambiguous because the allegations make it unclear if Plaintiff is the titled owner or if Plaintiff is not on title and holds only a beneficial and equitable interest. No opposition was filed. Thus, Plaintiff effectively concedes all arguments made in the motion. The failure to challenge a contention ...

Excerpt: ...�) filed by Plaintiffs LZ Costa Mesa LLC, Wave Plastic Surgery Center Inc., and LZ Management Group LLC (“Plaintiffs”). Ninth Cause of Action for Unfair Business Practices State Farm contends that the FAC fails to allege sufficient facts showing that Plaintiffs have standing as they fail to allege any real monetary or property loss with sufficient particularity, as well as fails to plead this cause of action with sufficient particularity, onl...

Excerpt: ...1. Following the Court's sustaining of Respondent's demurrer for uncertainty, Petitioner filed the operative pleading, which is the FAP. Respondent sufficiently met and conferred with Petitioner regarding the issues in the demurrer and motion to strike as required under Code of Civil Procedure sections 430.41 and 435.5. DEMURRER: Government Code section 31721 (all further statutory references are to the Government Code unless otherwise stated) pr...