Excerpt: ... or "Splice Members") to arbitrate all claims and disputes, including each cause of action asserted in the Complaint filed in this action, in the arbitration pending before JAMS, captioned Maher v. Splice Agency LLC, et al., JAMS Case No. 5100000379 ("Maher Arbitration"); 2. an order, pursuant to California Code of Civil Procedure section 1281.4 and the Federal Arbitration Act, g USC S 3, dismissing this action or, alternatively, issuing a stay p...

Excerpt: ...re not otherwise affiliated with Stor-lt Self Storage-Costa Mesa, Inc. In ruling on a demurrer to a complaint, the court must accept as true all allegations of fact contained in the complaint. (Sheehan v San Francisco 49ers, Ltd. (2009) 45 Cal.4th 992, 998; Thompson v Ioane (2017) 11 Cal.App.5th 1180, Ilgo.) Here, the FAC alleges that plaintiff "rented a self-storage space from defendants STOR-IT SELF STORAGE-COSTA MESA, INC.; LION COMPANIES, INC...

Excerpt: ...ng papers due on April 7, 2023, opposition papers due on April 14, 2023, and reply papers due on April 1 g, 2023. (April 5, 2023 Minute Order, ROA 114.) The Court notes that while the moving papers were served on April 7, 2023, they were filed late on April 10, 2023. Nevertheless, the Court will consider the moving papers. Moving Defendants argue that on October 6, 2022, Plaintiff filed an amended complaint without proper notice to Moving Defenda...

Excerpt: ...heir individual, derivative, or assignee capacities. This is confusing, especially considering Plaintiff has also pled that, "Marshall Properties assigned all of its tort and other claims and choices of action alleged herein to Huzyak, with the exception of its derivative claims for breach of fiduciary duty as alleged herein." Second Amended Complaint'l. Plaintiff Huzak is identified as a Plaintiff in each of the seven causes of action pled in th...

Excerpt: ...s and Exhibits A thereto.) As a result of this service, responses were due on or before June 20, 2022. (C.C.P. §2031.260(a) and C.C.P. §1013(a)). Although not required, Counsel for Defendant attempted to meet and confer with Plaintiffs; however, no responses to these attempts were recieved. (¶5-¶7 of Beck Declarations.) Per Counsel for Defendant, as of the date of these motions, Plaintiffs failed to provide verified responses to the reference...

Excerpt: ...tor's award. If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding. (Code Civ. Proc., § 1286.) A court shall vacate an arbitration award if it determines any of the following: (1) the award was procured ...

Excerpt: ...express purpose of harassing plaintiff and violating his rights. Punitive damages are appropriate.” 2. Page 9, Paragraph 57, lines 22-25 which read, “Under the holdings of GD Searle & Co. v. Superior Court (1975) these acts amount to oppression as they caused plaintiff to suffer cruel and unjust hardship. RECON's conduct constitutes malice in fact as it was willful, intentional, and done in reckless disregard of its possible results, which re...

Excerpt: ...5715 (the “First UD Action”), pursuant to Code of Civil Procedure section 918.5. Defendants assert that under Code of Civil Procedure section 918.5, the Court has discretion to stay of enforcement of a judgment where the ostensible judgment creditor is subject to a claim by the ostensible judgment debtor in another pending action; that Plaintiff, Kowen Lai (“Plaintiff” or “Lai”) is subject to a concurrent judgment in favor of Defendan...

Excerpt: ...aintiff also moves for an order compelling Eden to furnish responses to Plaintiff's Demand for Production and Inspection of Documents, Set One and requiring Eden and its counsel to pay monetary sanctions in the amount of $560 to Plaintiff for this motion. Eden's counsel has filed a substantively identical declaration providing that the court should not award sanctions against it because they have diligently attempted to locate someone associated ...

Excerpt: ...e responses to Form Interrogatories – Employment (Set 1), Nos. 208.1, 212.4(b)-(d), and 212.5(b)-(e) provided by Plaintiff, Ghazala Khan (“Plaintiff”) are incomplete; that no objections are asserted; that Defendant attempted to meet and confer but Plaintiff's counsel refused to properly meet and confer and failed to provided verified further responses; and that the Court should impose monetary sanctions in the amount of $4,140 against Plain...

Excerpt: ...titioner bears the burden of proving its existence by a preponderance of the evidence. If the party opposing the petition raises a defense to enforcement…that party bears the burden of producing evidence of, and proving by a preponderance of the evidence, any fact necessary to the defense.” (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413.) Here, the parties dispute both the existence of an arbitration agreement an...

Excerpt: ...eement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists." (Code Civ. Proc., S 1281.2.) Pursuant to Code of Civil Procedure section 1281.6: "If the arbitration agreement provides a method of appointing an arbitrator, that method shall be follow...

Excerpt: .... Plaintiff cites to Code Civ. Proc. 52023.0300) and (c) as enabling authority for issue and evidentiary sanctions. Pursuant to code Civ. Proc. 520230.030(b): "The court may impose an issue sanction ordering that designated facts shall be taken as established in the action in accordance with the claim of the party adversely affected by the misuse of the discovery process. The court may also impose an issue sanction by an order prohibiting any par...

Excerpt: ...fth causes of action for fraudulent inducement by concealment and intentional misrepresentation in conformance with the recent controlling decision, Dhital v. Nissan North America, Inc., (2022) 84 Cal .App.5th 828, which holds that under California law, the economic loss rule does not bar a plaintiff's fraudulent inducement claims and that such claims fall within the exception to the economic loss rule. Plaintiff also argues that Dhita\ held that...

Excerpt: ...iv. Proc. 5430.10(2)). Initially, all papers opposing a motion "shall be filed with the court and a copy served on each party at least nine court days" before the hearing. (Code Civ. Proc. 51005(b).) The failure to oppose a demurrer may be construed as having abandoned the claims. (See Herzberg v. County of Plumas (2005) 133 Cal .App.4th 1, 20 ["Plaintiffs did not oppose the County's demurrer to this portion of their seventh cause of action and h...

Excerpt: ... willfully and intentionally; Paragraph 44, lines 24-26; Paragraph 46, lines 6-8; Paragraph 48, line 16; Paragraph 49, lines 26-28; Paragraph 50, line 1 of the SAC, the word abhorrent; Paragraph 55, lines 27-28-1; Paragraph 62, lines 12-14, the word willfully; Paragraph 67, lines 22-25; Paragraph 98, lines 24-25, the word intentional; Paragraph log, lines 1-3, the phrases "reckless disregard" and "willful refusal"; and Plaintiffs' prayer for puni...

Excerpt: ...deral Arbitration Act ("FAA"); that the Retail Installment Sale Contract ("RISC") contains a valid and enforceable Arbitration Provision; that while Nissan is not a signatory to the RISC, it has standing to enforce the Arbitration Provision pursuant to the doctrine of equitable estoppel under Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, 496-499, as Plaintiff's claims are all based on alleged defects and nonconformities with the Subject Vehi...

Excerpt: ...tion for Constructive Discharge "An employer is considered to have discharged an employee when 'the employer's conduct effectively forces an employee to resign. Although the employee may say, 'I quit,' the employment relationship is actually severed involuntarily by the employer's acts, against the employee's will."' (Thompson v. Tracor Flight Systems, Inc. (2001) 86 Cal .App.4th 1156, 1166 [citing Turner v. Anheuser-Busch, Inc. (1994) 7 cal.4th ...

Excerpt: ...Plaintiff Thu Y Tran ("Plaintiff") moves for leave to file a Fourth Amended Complaint pursuant to Code of Civil Procedure sections 473 and 576. Plaintiff contends that she seeks to amend the complaint to allege two (2) new causes of action for Specific Performance of the Contract and for Promissory Fraud which was not included in the prior amended complaint, and which are based on the same exact nucleus of facts, as well as a claim for punitive d...

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: ...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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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...

Excerpt: ...aring and ordered the parties to further meet and confer. The parties were further ordered to file a joint statement of all remaining issues, if any. (ROA 73). The court has reviewed the parties' joint statement. 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 ...

Excerpt: ...4) Nissan Buena Park's Answer in the present case. As a general rule, only a party to an arbitration agreement may enforce the agreement.” (Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, 495, review denied (Nov. 24, 2020).) “However, there are several exceptions that allow a nonsignatory to invoke an agreement to arbitrate.” (Ibid.; citing JSM Tuscany, LLC v. Superior Court (2011) 193 Cal.App.4th 1222, 1236-1237].) “The doctrine of eq...

Excerpt: ...ourt's ruling on the City's motion to compel answers to the second set of form and special interrogatories, motion to compel production of documents, and motion to deem facts admitted. Defendant also asserts that Plaintiff has failed to obey the Court's Order dated October 20, 2022, ordering Plaintiff to serve the still outstanding discovery within 20 days, and granting the City's request for monetary sanctions against Plaintiff in the amount of ...

Excerpt: ... her work performance by creating an intimidating, hostile, or offensive work environment; and (5) defendants are liable for the harassment.” (Ortiz v. Dameron Hospital Association (2019) 37 Cal.App.5th 568, 581). Defendant demurs on the ground that Plaintiff has failed to allege an essential element. Here, in reviewing the complaint, Plaintiff fails to state a cause of action for Hostile Work Environment because she has not alleged that she wa...

Excerpt: ...neros seeks to be relieved as counsel of record for Elite as in or about February 2022, Alex X. Solorio, the Chief Executive Officer of Elite, contacted him and notified him that Elite was “going out of business” and “closing its doors,” and that “all legal matters being handled by [him] and The Myers Law Group needed to be wrapped up and closed out.” (Attachment 2 to Declaration of Ivan U. Cisneros, ¶ 2.) Attorney Cisneros states, �...

Excerpt: ...oper in Orange County as they do not reside or maintain offices in Orange County and reside and do business in Riverside County, and that the acts alleged were either done in furtherance of litigation in the underlying case of Henry v. Cats, Orange County Superior Court, case no. 07CC07970 (the “CATS lawsuit”), and are privileged under Civil Code section 47(b)(2), or occurred in Florida. Plaintiff, Joseph Dawson (“Plaintiff” or “Dawson�...

Excerpt: ...ve from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or procee...

Excerpt: ...his Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.” This section authorizes a trial court “to amend a jud...

Excerpt: ...r authenticated evidence that they engaged in the interactive process with Plaintiff or that Plaintiff failed to initiate the interactive process. The operative Complaint contains the following causes of action: 1. Violation of Government Code section 12940(a); 2. Violation of Government Code section 12940(h); 3. Violation of Government Code section 12940(k); 4. Violation of Government Code section 12940(m); 5. Violation of Government Code sectio...

Excerpt: ...his action. (Declaration of Erika L. Sandler, ¶ 17; Ex. E to Notice of Lodging, ROA 171.) Thus, the Court VACATES the motion as to Starr. Plaintiff contends that Plaintiff attempted to meet and confer about scheduling Sittig's deposition and advised that if there was a conflict about dates, counsel could provide alternate dates, but defense counsel has not responded, and that Plaintiff has noticed the deposition six times but that Defendant refu...

Excerpt: ...in the City of Newport Beach at 1701 Corinthian Way; 4251, 4253, and 4255 Martingdale Drive; 4200, 4220, and 4250 Scott Drive; and 16600 Dove Street, Assessor's Parcel Numbers 427-172- 02, 427-172-03, 427-172-OS and 427-172-06 (“Newport Crossing Property”).” Aryabhata also seeks an order requiring TPG to pay Aryabhata $8,000 as an award of reasonable costs and attorneys' fees incurred in bringing this motion pursuant to CCP section 405.38. ...

Excerpt: ...ess. Plaintiff's undisputed material facts establish the following events. On 2/26/21, Plaintiff executed written Business Loan Agreement No. F345561-001 (“BLA”) to Defendant Green Sip Construction, Inc. for a loan in the amount of $74,000.00. (UMF 1). The BLA required Green Sip Construction to make 53 weekly payments of $1,843.02 (UMF 2). Defendant Marlene Eaton personally guaranteed payment under the BLA. (UMFs 11 and 12). Green Sip Constru...

Excerpt: ...n the second action to protect their right to a full trial of the issue of title. The instant action is for Unlawful Detainer in relation to 10222 Morningside Drive, Garden Grove, California 92843. It was filed by Plaintiff Tim S. Kling as Trustee of the Kingsley Trust Dated Feb. 7, 2020 (“Kling”) against Defendants Topaz Tran; Lynn Loan Tuong Thi Nguyen; Sean Nguyen; Joey Nguyen; and Hong Tran. The Complaint alleges that Defendants orally ag...

Excerpt: ...ntends that the First Cause of Action for Disability Discrimination fails because work-related stress is not a qualifying disability under the Fair Employment and Housing Act (“FEHA”); that work-related stress is covered exclusively under Workers' Compensation such that it is barred; and that judicial estoppel applies to bar Plaintiff from taking inconsistent positions about her ability to work and whether her stress claim was included in her...

Excerpt: ...or Intentional Infliction of Emotional Distress (“IIED”) as the Second Cause Action, and the cause of action for Termination in Violation of Public Policy (“Wrongful Termination”) as the Third Cause of Action; however, the body of the Complaint switches the numbering of these two causes of action. Nevertheless, the causes of action at issue are the Second and Third Causes of Action which consist of the claims for IIED and Wrongful Termina...

Excerpt: ...ts sufficient to constitute the second cause of action for negligence. The court need not reach the merits of the Demurrer because the Demurrer is untimely. A demurrer must be filed “within 30 days after service of the complaint.” (Code Civ. Proc., § 430.40, subd. (a).) The “demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on whic...

Excerpt: ...pensable parties, and the applicable statutes of limitations. Request for Judicial Notice Defendant requests judicial notice of the following documents: (A) City of Newport Beach City Council Resolution No. 2019-80; (B) Chapter 15.80 of the Newport Beach Municipal Code; (C) Building Permit X2019-3305, issued on February 28, 2020 to Greg and Carolyn Reed; (D) Plaintiff's Complaint; (E) GIS map for the area surrounding Kings Road; (F) District Cour...

Excerpt: ...p, Inc. (“VMG”) under Civil Code §1717, Code of Civil Procedure §1033.5, and Code of Civil Procedure §1032, as allowed by contract. Defendants contend that they are prevailing parties and are entitled to fees under the property management agreement and Civil Code section 1717, and that the Judgment already found that Defendants are prevailing parties after trial and are entitled to fees and costs under Code of Civil Procedure sections 1032...

Excerpt: ...bey an order compelling further responses. Trident contends that Plaintiff and her counsel have directly violated the Court's June 30, 2022 Order granting Trident's motion to compel further responses to Special Interrogatories, Set Two (“SPROG 2”) by failing to provide further responses to SPROG 2 which are focused on identifying the various treating physicians and other persons that advised/informed Plaintiff of the relationship between the ...

Excerpt: ...pplemental complaint is to bring to the notice of the court and the opposite party things which occurred after the commencement of the action, and which do or may affect the rights asserted and the relief asked in the action as originally instituted. [Kamei v. Kumamoto (1967) 256 Cal.App.2d 381.] Additionally, in bringing a motion for leave, a separate declaration must accompany the motion and must specify: (1) The effect of the amendment; (2) Wh...

Excerpt: ...and Plaintiff State Farm Mutual Automobile Insurance Company was in good faith. The motion was set for hearing on 4/28/2022. On that date, the Court continued the motion to 7/21/2022 in order for the Motion and Notice of Continuance of the Motion to be served via email and mail upon all appearing parties. [ROAS 84, 100.] On 7/8/2022 Defendant Harkness filed an Opposition. On 7/21/2022, the Court denied the motion without prejudice. The Court expl...

Excerpt: ...d a Motion to Strike portions of the Frist Amended Complaint related to punitive damages and attorney's fees. DEMURRER Third Cause of Action for Constructive Fraud “The elements of the cause of action for constructive fraud are: (1) fiduciary relationship; (2) nondisclosure (breach of fiduciary duty); (3) intent to deceive, and (4) reliance and resulting injury (causation).” (Younan v. Equifax Inc. (1980) 111 Cal.App.3d 498, 517, fn. 14.) “...

Excerpt: ...dispensable parties. Request for Judicial Notice Defendants request judicial notice of the following documents: (A) City of Newport Beach City Council Resolution No. 2019-80; (B) Chapter 15.80 and Chapter 20.64 of the Newport Beach Municipal Code; and (C) a true and correct copy of the City's GIS map for the area surrounding Kings Road. The Request for Judicial Notice is GRANTED as to Exhibits A and B. (Evid. Code, § 452(b), (c).) The Request fo...

Excerpt: ...int, and paragraph 43 of the Second Cause of Action, pursuant to Code of Civil Procedure section 425.16. Defendant contends that Plaintiff, Brett Gregor, (“Plaintiff”) and she are presently involved in a divorce proceeding, and that as part of that action, Plaintiff's allegations concerning Defendant's communications with third persons was to conduct an investigation and to seek information about Plaintiff's apparent extramarital affair and t...

Excerpt: ... a Short Continuance. (ROA 399.) The Court scheduled the Motion to Strike Complaint and Motion to Strike Answer to Cross-Complaint for November 17, 2022. (ROA 410.) The Ex Parte Application serves as the moving papers for the motions. (Ibid.) Dev Bakery and Colvin bring the motions pursuant to Code of Civil Procedure sections 435 and 436 on the ground that the Complaint and Answer to Cross-Complaint filed by Wonderland are not drawn in conformity...

Excerpt: ...“L.C.” as a minor suing through his Guardian Ad Litem, Alexandra Cardenas, including (1) the caption; (b) page 1, lines 24 and 25 of the Complaint; and (3) paragraph 1, page 2, lines 5-6 of the Complaint. • All references to “L.C.” and/or “Minor-Plaintiff”, including at (1) the caption; (2) page 1, line 25; (3) paragraph 1, page 2, lines 5-6; (4) paragraph 11, page 3, line 22; and (5) paragraphs 13, 14, 15, 16, 17, 18, 19, 20, 21, 2...

Excerpt: ...le, Inc.; (9) Stoneware Enterprises; and (10) Vicomptel Inc, Inc. Alternatively, Ho moves for an order modifying the subpoenas by limiting the scope to “business records associated with Plaintiff and Plaintiff's property located at 67 Interstellar, Irvine, CA 92618” and narrow the request for tax records to “invoices and receipts associated with Plaintiff and his 67 Interstellar, Irvine, CA 92618 property.” Ho also moves for monetary sanc...

Excerpt: ...ties' dispute. Authority A party to an arbitration agreement may seek a court order compelling the parties to arbitrate a dispute covered by the agreement. (Code Civ. Proc., § 1281.2.) “The trial court may resolve motions to compel arbitration in summary proceedings, in which ‘[t]he petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bea...

Excerpt: ...e, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” (Code of Civ. Proc., § 576.) A motion to amend a pleading before trial must: (1) include a copy of the proposed amendment or amended pleading; (2) state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, pa...

Excerpt: ...ke portions of the Frist Amended Complaint related to punitive damages and attorney's fees. DEMURRER A. Third Cause of Action for Constructive Fraud “The elements of the cause of action for constructive fraud are: (1) fiduciary relationship; (2) nondisclosure (breach of fiduciary duty); (3) intent to deceive, and (4) reliance and resulting injury (causation).” (Younan v. Equifax Inc. (1980) 111 Cal.App.3d 498, 517, fn. 14.) “Constructive fr...

Excerpt: ...ndants failed to satisfy their obligations under the applicable Lease Agreement and Guaranty. “If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 75-day period of notice shall be increased by two court days.” (Code Civ. Proc., § 437c, subd. (a)(2).) “The motion shall be heard no later than 30 days before the date of trial, unless the court for good c...

Excerpt: ...f any relevant documents. Defendant COUNTY contends that since BARNES is sued only in his official capacity Plaintiffs are required to show a compelling reason for his testimony; that requiring BARNES to testify at trial would disrupt his obligations to the public as Sheriff as well as disrupt the Sheriff Department's operations; and that Plaintiff is required to state a proper showing as to why BARNES' testimony is needed since Defendant COUNTY ...

Excerpt: ... 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).) A party may move for an order compelling further responses to interrogatories if the party deems an answer to be evasive or incomplete, an exercise of the ...

Excerpt: ...ion pending before JAMS, captioned Maher v. Splice Agency LLC, et al., JAMS Case No. 5100000379 (“Maher Arbitration”); 2. an order, pursuant to California Code of Civil Procedure section 1281.4 and the Federal Arbitration Act, 9 USC § 3, dismissing this action or, alternatively, issuing a stay pending resolution of the Maher Arbitration; 3. an award of attorney's fees and costs to Maher, California Code of Civil Procedure sections 1281.97, e...

Excerpt: ...he United States Bankruptcy Court of the Southern District of Florida, Fort Lauderdale Division, in Case No. 20-22320-PDR, as part of Advance Case Parts, Inc.'s Subchapter V Plan for Reorganization, ordered all of Plaintiff's claims against Defendant relating to the loan agreement and guaranty that are the subject of the instant action to be released, such that at the time Plaintiff filed its default judgment application, this Court lacked subjec...

Excerpt: ...moves for an order awarding monetary sanctions against Defendant and/or its counsel in the amount of $6,500. Plaintiff provides that DBMC served responses on February 7, 2022 after two extensions; and that DBMC failed to provide any substantive response or responsive documents to RFP, Nos. 37-40 and 50, including (1) documents about communications around terminating other hourly employees at Plaintiff's work location as part of the reduction of f...

Excerpt: ...ed on May 23, and 26, 2022. [Declaration of Foroozandeh ¶4.] Each Defendant asserted the Fifth Amendment protection against self-incrimination and refused to answer questions. [Id.¶8.] Moving party indicates that, “Plaintiffs' counsel met and conferred on the record, but Defendants' attorney would not instruct their clients to answer any of the deposition questions.” [Motion page 3:19-21.] This motion followed. Motion to Compel Answers Gene...

Excerpt: ...-84, 87-88, 90, 92 and 94 within fourteen (14) days, without objection as well as monetary sanctions against Defendant and its attorneys of record Brandon Witkow and Matthew Hood, in the amount of $2,985.00; and (3) Plaintiff's Request for Production Nos. 75-86, 95-119 within fourteen (14) days, without objection as well as monetary sanctions against Defendant and its attorneys of record Brandon Witkow and Matthew Hood, in the amount of $2,535.00...

Excerpt: ...s Dodge, as third-party beneficiaries and under the doctrine of equitable estoppel. Request for Judicial Notice Plaintiffs request judicial notice of the February 12, 2022 Ninth Circuit Opinion in the matter of Ngo v. BMW of North America, LLC (9th Cir. 2022) 23 F.4th 942, as well as several federal and state court orders in other matters concerning motions to compel arbitration. The Request for Judicial Notice is GRANTED. (Evid. Code, §§ 451(a...

Excerpt: ...s Towing (“BEACH”). The Court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. (C.C.P. section 473(a)(1).) The Court may likewise, in its discretion, after notice to the advers...

Excerpt: ...June 3, 2019 (Case No. 30-2019- 01074096); and that they be dismissed with prejudice from the entirety of Cross-Complaint filed by Michelle Urquidi and Carlos Urquidi filed on July 12, 2019 (Case No. 30-2019- 01074096) pursuant to California Rules of Court, rule 3.1382, and that the current case stay be lifted only for the hearing and determination of this motion. As a threshold matter, the case is currently stayed pending the criminal case 18NM0...

Excerpt: ...ction. Plaintiff also moves for an order for an award of costs in the amount of $8,509.45 as set forth in the memorandum of costs. Supplemental Briefing In light of new evidence submitted with the reply papers and the lack of clarity as to Plaintiff's counsel's calculation of hours, on July 28, 2022, the Court continued the hearing on the instant motion for attorney's fees to October 27, 2022 and permitted supplemental briefs The parties timely f...

Excerpt: ...of Action for purported Involuntary Dissolution. Initially, the Court notes abuses of the California Rules of Court and other issues requiring a continuance of the matter. First of all, both parties cite to both California and Delaware law interchangeably and/or to support specific arguments without a real analysis as to why either States' law applies to the particular causes of action addressed in the Demurrer. Additionally, the Court notes that...

Excerpt: ...d set of form and special interrogatories, motion to compel production of documents, and motion to deem facts admitted. Defendant contends that Plaintiff has failed to engage in or prosecute this lawsuit and has demonstrated his unwillingness to participate in this lawsuit, warranting the issuance of terminating sanctions by dismissing this action; that if the Court declines to issue terminating sanctions, the Court should impose issue sanctions ...

Excerpt: ...fornia Gas Company: Alex Taylor, Rick Hartley, “Anthony,” and Southern California Gas Company's Persons Most Qualified re: direction, approval, oversight, decision making, and knowledge to subsequently install the protective yellow “T- Bars” at the fall location on both sides of the dangerous low-lying gas pipe riser and trip hazard, on which plaintiff tripped and fell and to reset the discovery schedule as necessary; and 4. Awarding disc...

Excerpt: ...judicial notice of: (1) Plaintiff's Complaint in this action; and (2) a February 11, 2016 Notice of Entry of Dismissal and Proof of Service filed in the matter of Felisilda v. FCA US LLC, Case No. 34-2015-00183668, Sacramento Superior Court. Plaintiff requests judicial notice of the February 12, 2022 Ninth Circuit Opinion in the matter of Ngo v. BMW of North America, LLC (9th Cir. 2022) 23 F.4th 942. The Requests for Judicial Notice are GRANTED. ...

Excerpt: ...onal Bank; (6) Citibank N.A.; (7) J.P. Morgan Chase; and (8) Bank of America (“Subpoenas”). In the alternative, Defendants seek a protective order denying the production of business records requested by Plaintiff in the Subpoenas. Defendants also will move and hereby do move this Court for an order compelling Plaintiff and its counsel of record, BROWN & CHARBONNEAU, LLP, to pay sanctions, jointly and severally, to Defendants in the amount of ...

Excerpt: ... in their context, and assume their truth. [Citations.] In ruling on a motion to strike, courts do not read allegations in isolation. [Citations.]” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) “Further, even though certain language pleads ultimate facts or conclusions of law, such language when read in context with the facts alleged as to defendants' conduct may adequately plead the evil motive requisite to recovery of puniti...

Excerpt: ...rances, as well as pursuant to Code of Civil Procedure sections 473(a) and (b) because an answer was erroneously filed by defense counsel before counsel had a chance to speak to Miramontes, and that defense counsel was not able to speak with Miramontes until July 21, 2022, whereupon defense counsel first learned that Miramontes who was served in Donna, Texas per Plaintiffs' proof of service, was not the Miramontes that is named in the Complaint a...

Excerpt: ... cause of action for negligence against Monarch based on the contract between the parties. Pursuant to Code of Civil Procedure section 437(a), “[t]he grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437, subd. (a).) The court also “consider[s] the complaint's exhibits.” (Hoffman v. Smithwoods RV Park, LLC (200...

Excerpt: ...to an arbitration agreement may enforce the agreement.” (Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, 495, review denied (Nov. 24, 2020).) “However, there are several exceptions that allow a nonsignatory to invoke an agreement to arbitrate.” (Ibid.; citing JSM Tuscany, LLC v. Superior Court (2011) 193 Cal.App.4th 1222, 1236-1237].) “The doctrine of equitable estoppel is one of the exceptions.” (Ibid.) “Under the doctrine of equi...

Excerpt: ...reement”) which is submitted to the Court by the moving party as purporting to contain the arbitration provision upon which the moving party relies identifies the buyer as “5 Star Housing LLC.” In addition, the name of the defendant in the Verified Complaint is “5 Star Housing LLC.” As such, is it unclear if there is a typographical error in the motion or if the motion was actually intended to be brought by “5 Star Housjng LLC.” The...

Excerpt: ...a court order compelling the parties to arbitrate a dispute covered by the agreement. (Code Civ. Proc., § 1281.2.) “The trial court may resolve motions to compel arbitration in summary proceedings, in which ‘[t]he petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact n...

Excerpt: ...t Defendants, including BofA, negligently owned, operated and maintained the premises where the Incident occurred in a dangerous and defective condition by designing, creating, building, maintaining, and controlling the walkway area where the Incident occurred “in such a manner as to create a dangerous condition for users including having a potential tripping and/or fall hazard as well as a variance offset in the walkway that was more than triv...

Excerpt: ...es out of obligations of a written agreement, namely, the Operating Agreement for a limited liability company known as 17848 Sky Park Circle LLC (“Skypark”), and that Defendants cannot be liable for any of the causes of action as Defendants are not parties to the Operating Agreement and did not sign the Operating Agreement. Defendants also assert that the Operating Agreement that is attached as Exhibit A to the Complaint contains an integrati...

Excerpt: ...by Plaintiff in opposing an appeal of Defendant David Ellis (“Ellis”) (the “Second Fees Motion”), and that when the motion was filed, Bostwick believed in good faith that his declaration supporting the motion provided sufficient information to calculate fees under the Lodestar method because it stated the number of hours counsel worked on tasks related to the appeal and stated the hourly rate for each attorney who performed the work. Plai...