Excerpt: ...May 25, 2022, C4 revived its corporate status, but that since that time, Counsel has mistakenly proceeded as though the Answer filed by C4 was active in this case. C4 contends that Plaintiff failed to request a prove-up hearing relating to the default, and that Counsel was reminded of the default when Plaintiff's counsel presented his Statement of the Case in August 2023. C4 asserts that the Court may relieve a party from default under Code of Ci...

Excerpt: ...ntained in a sales contract between the dealer and purchaser could be enforceable against the manufacturer under the doctrine of equitable estoppel. More recently, Div. 8 of the Second District in Ford Motor Warranty Cases v. Ford Motor Co. (2023) 89 Cal.App.5th 1324 (rev. granted 7/19/2023) and Div. 7 of the Second District Montemayor v. Ford Motor Co. (2023) 92 Cal.App.5th 958, 310 Cal.Rptr. 3d 82 (June 26, 2023) disagreed with the reasoning in...

Excerpt: ...ffing, LLC's counsel, Rick Martin of Angel City Law, who has since withdrawn as counsel, for his frivolous conduct, gamesmanship, and unnecessary delays, which includes compensation for all the expenses Plaintiff has incurred that are attributable to his conduct, including the cost of bringing the instant motion and any other expenses attendant upon the delay of the deposition. Plaintiff asserts that Plaintiff planned to file her motion for summa...

Excerpt: ...ration 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 bears the burden of proving by a preponderance ...

Excerpt: ...m between the parties. Defendant argues that it is a public entity HMO operating under a joint powers agreement between Riverside and San Bernardino Counties and this action must be transferred, under Code of Civil Procedure section 394(a), to San Bernardino County because Plaintiff's complaint expressly alleges that the negligence of Defendant caused Plaintiff legal injury and damages. Alternatively, Defendant contends the action should be trans...

Excerpt: ...oint employer; that Plaintiff was misclassified as exempt; and that Plaintiff was not reimbursed for business expenses incurred for Defendants' benefit. (Issues 21-23.) Defendants Line Drive Trucking, Inc. (“Line Drive”) and Mark Ward (“M. Ward”) (together, “Defendants”) filed an opposition. Defendant Man Staffing, LLC (“Man Staffing”) has not filed an opposition. Plaintiff contends that the motion concerns three (3) primary issue...

Excerpt: ...ion of $89 based on an overstated amount, for a total amount of $23,376. Krain contends that a $500 hourly rate for her counsel, Joshua Koltun (“Koltun”), is reasonable and within the range for experienced media attorneys in California based upon his experience and specialty in media/First Amendment issues, and that $500 per hour was the charged rate in this case. Krain also argues that the hours for which Defendant seeks an award are reasona...

Excerpt: ... conclusory and lack any facts sufficient to support an alter ego theory of liability. “To recover on an alter ego theory, a plaintiff need not use the words “alter ego,” but must allege sufficient facts to show a unity of interest and ownership, and an unjust result if the corporation is treated as the sole actor.” (Leek v. Cooper (2011) 194 Cal.App.4th 399, 415.) “The allegation that a corporation is the alter ego of the individual st...

Excerpt: ...nvironment “To establish a prima facie case of a hostile work environment, [Plaintiff] must show that (1) she is a member of a protected class; (2) she was subjected to unwelcome harassment; (3) the harassment was based on her protected status; (4) the harassment unreasonably interfered with her work performance by creating an intimidating, hostile, or offensive work environment; and (5) defendants are liable for the harassment.” (Ortiz v. Da...

Excerpt: ...tiff, Ahmad Tukhi was then pending. (ROA 127.) On 07/06/23, Attorney Peacock's Motion to be Relieved as Counsel was granted with counsel ordered to resubmit a proposed order with the required information. (ROA 146.) On 07/07/23, a proposed order was resubmitted. (See ROA 147.) Said order has now been signed by the Court. The order relieving Attorney Peacock as counsel of record for Plaintiff is effective upon counsel filing proof of service of a ...

Excerpt: ...nterest added to the judgment against Defendants as follows: Candace Yang: • The Nursery and Frank Berry to Candace Yang, on the principal sum of $16,551.88, the total interest to be added as of August 10, 2023, will be $947.77; • Frank Berry to Candace Yang, on the principal sum of $5000, the total interest to be added as of August 10, 2023, will be $286.30; • The Nursery to Candace Yang, on the principal sum of $15,000, the total interest...

Excerpt: ...torm's discovery responses reflect it cannot establish the requisite element of damages for each of its claims as a matter of law.” Synoptek contends that summary judgment must be granted in its favor because the causes of action of Plaintiff/Cross-Defendant Burstorm, Inc. (“Burstorm”) are barred by the integration clause in the User Access Agreement and that an alleged oral modification of the parties' integrated, written agreement is with...

Excerpt: ...te-filed opposition. The Court considers the late-filed opposition, and reply filed in response thereto. Plaintiff contends that both actions involve complex issues of title and fraud, that adjudicating those complex issues in the summary proceedings of the UD Action infringes on Campbell's due process rights, and that because Brooks' right to possession of the property depends on the outcome of Campbell's Unlimited Action, Campbell seeks to cons...

Excerpt: ... within a reasonable time, but no later than: (i) two years after entry of a default judgment against it; or (ii) 180 days after service on it of a written notice that the default or default judgment has been entered, whichever earlier. (CCP §473.5(a).) The motion must also be accompanied by an affidavit showing under oath that the party's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or ine...

Excerpt: ...r that there is no defense to the action or proceeding.” (Code Civ. Proc., § 437c(a)(1).) “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth ...

Excerpt: ...t Plaintiff on November 3, 2022. (ROA 48.) Plaintiff's Motion for Reconsideration was denied on February 16, 2023. (ROA 56.) Defendants seek an award of attorney fees based on the lodestar with a 1.5 multiplier. Defendants contend the requested multiplier is reasonable because this was a contingency case that involved significant legal and political issues. As an initial matter, the Court notes that on February 21, 2023, Plaintiff filed a Notice ...

Excerpt: ...inst it, Will-Work contends that the Complaint fails to allege any facts regarding Will-Work. In opposition, Plaintiff contends that it seeks to hold Will-Work liable under a theory of agency, aiding and abetting, conspiracy or joint venture as alleged in Paragraphs 11 and 15-18 of the Complaint. (Oppn. at 2:28-4:14.) Under these theories, Will-Work could potentially be held liable for the acts of other Defendants. CCP §425.10(a)(1) provides a C...

Excerpt: ...d on “Promissory Fraud” has no merit pursuant to Code of Civil Procedure Section 437c(f)(1). The cause of action (1) is for an illegal object; and/or (2) there is no triable issue of material fact as to the element of “intent not to perform.” • The 2nd Cause of Action for “Declaratory and Injunctive Relief” has no merit pursuant to Code of Civil Procedure Section 437c(f)(1) . The cause of action is for an illegal object in that is s...

Excerpt: ... eighth causes of action. The court already ruled in favor of Defendants on these causes of action and therefore the Motion for Summary Adjudication is MOOT as to the first, second, third, fourth, sixth, seventh, and eighth causes of action. On January 19, 2023, the court denied summary adjudication as to the fifth cause of action for violation of Government Code section 12940(n). Thus, only one cause of action remains: Plaintiff's fifth cause of...

Excerpt: ...y in violation of California Vehicle Code section 21954(b); that Defendant, thus, could be charged with vehicular manslaughter in violation of Penal Code section 192(c)(2), driving as an unlicensed driver in violation of Penal Code section 12500(a), and failing to exercise due care for the safety of a pedestrian upon a roadway in violation of California Vehicle Code section 21954(b); that there is no statute of limitations for vehicular manslaugh...

Excerpt: ...l to state facts sufficient to support a claim for punitive damages against Cross-Defendants as required by Civil Code section 3294, as the alleged acts by Cross-Defendants amount to a neighbor dispute but does not meet the standard of conduct necessary for punitive damages, and thus, should be stricken. Cross-Complainants contend that the motion should be denied as the conduct enumerated in the Cross-Complaint is despicable, with willful and con...

Excerpt: ...l Procedure section 338(b) for this permanent private nuisance, and that no private nuisance existed based on testimony from Matthew Cosylion, the Code Enforcement Supervisor for the City of Newport Beach, who stated there was no violation of any Newport Beach Municipal Code (“NBMC”) ordinance. Defendants also argue that there is no triable issue of fact as to Plaintiff's Second Cause of Action for Violation of Newport Beach Municipal Code se...

Excerpt: ... prohibiting/limiting discovery as follows: (1) Plaintiff is protected from disclosing any and all current and future employers from any further request made by or on behalf of the Defendant, its agents, or attorneys; (2) No further subpoenas should be issued regarding employers of Plaintiff; (3) Defendant should be precluded from requesting further information related to Plaintiff's previous, current or future employers. As an initial matter, th...

Excerpt: ... sexually abused and harassed by defendant J.M., who was one of her teachers at Tustin High School. (Compl. ¶¶11, 27.) TUSD contends that Plaintiff fails to allege facts sufficient to constitute a cause of action against TUSD because Plaintiff fails to allege any facts demonstrating that TUSD had prior notice of J.M.'s previous misconduct. (Dem. at 5:7-9.) Rather, according to TUSD, the Complaint lacks particularity and is instead based on boil...

Excerpt: ...g of this Demurrer and Motion to Strike. Request for Judicial Notice Defendant requests judicial notice of an April 28, 2021 Order Appointing Expert filed in Juvenile Case No. 21DP0344, In re the Matter of: Mia Phan, of the Orange County Superior Court. The Request for Judicial Notice is GRANTED. (Evid. Code, § 452(d).) Merits Though the Complaint does not expressly name the causes of action asserted, Plaintiff alleges that Defendant was neglige...

Excerpt: ... March 6, 2023, including exhibits therein, from the trial record. The Shenzhen Defendants also seek an order imposing monetary and terminating sanctions. The Shenzhen Defendants contend that Plaintiffs' prior counsel inappropriately obtained financial records pursuant to a subpoena for business records on JP Morgan Chase Bank, after the Shenzhen Defendants objected to written discovery seeking financial records, and despite Plaintiffs' counsel's...

Excerpt: ...ornia Rules of Court, rule 2.112(3) and (4), and does not identify against which of the defendants each cause of action is brought, and alleges different theories of negligence against each defendant under the Fifth Cause of Action for Negligence. BP America also contends that punitive damages is not available as a form of damages in negligence actions. BP America additionally contends that the First Cause of Action for Assault and Second Cause o...

Excerpt: ...“MOC”) here was filed 2/21/2023 and seeks $119,014.12 in costs. Under CRC 3.1700(a)(1), a prevailing party who claims costs must serve and file a MOC: “within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under [C.C.P. § 664.5] or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first” plus additional time bas...

Excerpt: ...d signed the verification attesting: “I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” (Code Civ. Proc., §§ 2015.5 and 2031.250.) Next, Defendant is ORDERED to produce the documents that it stated would comply in part and produce certain documents in its responses to the Request for Production. Defendant stated that it would produce documents in response to Request for Pro...

Excerpt: ...ch individual identified in Special Interrogatory No. 10.” Defendant objected to both of the above interrogatories on the grounds that the interrogatories seek information protected by the right to privacy, HIPAA and CMIA. Defendant also objected on the grounds that the interrogatories seek documents which are not relevant and not reasonably calculated to lead to the discovery of admissible evidence. Legal Standard “[A] civil litigant's right...

Excerpt: ... defendant entity (Creative Outdoor Distributor USA, Inc. (“COD”)) has convened a special committee to review Plaintiff's allegations of wrongdoing. Per Tang, the action should be stayed while the special committee investigates the allegations. The First Amended Complaint alleges that Plaintiff initially notified the Board of the wrongdoing alleged herein on 9/14/22, by way of letter. The letter demanded the Board take immediate remedial acti...

Excerpt: ...030. The Property Defendants assert that based on Plaintiff's discovery responses and deposition testimony, Plaintiff has been residing out of the State of California in Nevada since August 2020, and that there is a reasonable possibility that Property Defendants will obtain judgment in this action because JBCC, Bristol Retail, and Athena had no actual or constructive knowledge of the alleged dangerous condition of sandbags being placed at the en...

Excerpt: ...iolations; Plaintiff cannot establish a First Amendment retaliation claim because he failed to provide evidence that he engaged in any speech activities or that the speech was a matter of public concern; and Plaintiff cannot establish a First Amendment retaliation claim because he suffered no adverse action; 2. ISSUE NO. 2: the second cause of action under Government Code sections 3502 and 3506 has no merit because the Public Employment Relations...

Excerpt: ...rty who filed the pleading subject to the motion to strike and must file and serve with a motion to strike a declaration concerning the meet and confer, pursuant to Code of Civil Procedure section 435.5. Here, Defendant has filed no declaration showing that the required meet and confer in person or by telephone occurred. Further, Plaintiff's counsel's declaration demonstrates that her attempts to meet and confer regarding this Motion to Strike we...

Excerpt: ...any ultimate facts sufficient to support an alter ego theory of liability. Plaintiff argues that the ultimate facts regarding alter ego liability alleged in the TAC are sufficient to support all causes of action against Defendant and that Defendant has failed to address the partnership, employment, and independent contractor theories of liability, thereby conceding the same. The Court previously sustained Defendant's demurrer to the SAC on the gr...

Excerpt: ...barred by the contractual statute of limitations. Defendants contend that the employment agreement signed by Plaintiff states that he must bring a complaint within the time prescribed by law or six months from the date of the event forming the basis of the lawsuit, whichever expires first; Plaintiff's complaint was filed on May 26, 2020, over two years after his employment was terminated on May 24, 2018; courts routinely enforce such contractual ...

Excerpt: ...dequately alleged breach and causation. A negligence action requires a showing that the defendant owed the plaintiff a legal duty, that the defendant breached the duty, and that the breach was a proximate or legal cause of injuries suffered by the plaintiff. (Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666, 673 disapproved of on other grounds by Reid v. Google, Inc. (2010) 50 Cal.4th 512.) “The existence of a duty is a question of ...

Excerpt: ...er shall distinctly specify the grounds upon which any of the objections to the complaint . . . are taken. Unless it does so, it may be disregarded.” (Code Civ. Proc. § 430.60.) In addition, “[e]ach ground of demurrer must be in a separate paragraph and must state whether it applies to the entire complaint . . ., or to specified causes or action . . . .” (California Rules of Court, rule 3.1320.) Here, the demurrer does not set forth each g...

Excerpt: ...revailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs." (Civ. Code, S 1717(a).) "Prevailing party" means "the party who recovered a greater relief in the action on the contract." (ld., S 1717(b)(1).) A court has wide discretion in determining what constitutes reasonable...

Excerpt: ...hrough 15. Third, Defendant Tran moves for an order deeming the truth of all matters specified in Amended Request for Admissions, Set One. As to each of the three motions, Defendant Tran also moves for an order awarding monetary sanctions against Plaintiff and her counsel of record in the sum of $1,133. Defendant Tran asserts that Plaintiff served responses to the discovery at issue but did not include Plaintiff's signed verifications although th...

Excerpt: ..., i.e., 60 days after the Court's December 5, 2022 Order and Plaintiff's Notice of Entry of that Order; that Defendant's anti-SLAPP motion was frivolous as any reasonable attorney would know that Defendant could not meet her burden on the first prong; that Defendant's counsel knew or should have known that the anti-SLAPP motion lacked legal merit; and that Defendant's counsel relied exclusively on Birkner v. Lam (2007) 156 Cal.App.4th 275, which ...

Excerpt: ... abandonment of the claims to which the moving party objected. (Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.) Accordingly, the court may construe Plaintiffs' failure to oppose the Motion to Strike as an abandonment of any opposition to the issues raised in the moving papers. (Ibid.) On the merits, the court agrees that punitive damages have not been sufficiently alleged against Defendant Monarch Home Maintenance & Inspection. Becaus...

Excerpt: ...s on the moving party to demonstrate both: (1) relevance to the subject matter (e.g., how the information in the documents would tend to prove or disprove some issue in the case), and (2) specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial). (Glenfed Develop. Corp. v. super. ct. (1997) 53 cal.App.4th 1113, 1117.) Specifically, the moving party can also show good cause ...

Excerpt: ...rch 12, 2023, that Plaintiff would appear in-person, but that three days before the deposition on April 18, 2023, Plaintiff's counsel demanded that the deposition take place via remote videoconference due to the distance. Defendant also contends that at no time prior to the date of the deposition set for April 21, 2023, did Plaintiff's counsel serve objections to the deposition notice. Defendant additionally asserts that when Defendant's counsel ...

Excerpt: ...to the tort action for deceit, are (1) misrepresentation (false representation, concealment or non-disclosure); (2) knowledge of falsity (or "scienter"); (3) intent to defraud, i.e., to induce reliance; (4) justifiable reliance; and (5) resulting damage. (Hackethal v. National Casualty Co. (1987) 189 Cal.App.3d 1102, 1110.) The elements of an action for fraud and deceit based on concealment are: (1) the defendant must have concealed or suppressed...

Excerpt: ...ies; (4) contractual terms which are sufficiently definite to enable the court to know what it is to enforce; and (5) a substantial similarity of the requested performance to that promised in the contract. [Citations.]' [Citations.]" (Real Estate Analytics, LLC v. Val/as (2008) 160 Cal.App.4th 463, 472.) "To obtain specific performance, a plaintiff must... provCe] the elements of a standard breach of contract." (Darbun Enterprises, Inc. v. San Fe...

Excerpt: ...ute a cause of action for breach of contract against Defendants, as there is no allegation that Plaintiff ever attempted to purchase the Property or that Defendant prevented Plaintiff from purchasing the Property. Defendants also argue that the breach was due to the fact that Plaintiff moved someone into the Property in violation of the Residential Lease Agreement, and that Plaintiff has failed to qualify for the purchase of the Property, and is ...

Excerpt: ... Cause-DOI, Proof of Service Civil and DS 367 Officers Statement by mail on the DMV on 03/08/2023 (ROA g), and the Court set the Petition for 05/18/2023. On 03/13/2023, the Court granted Petitioner's Ex Parte Application for Stay of Suspension and Issuance of Alternative, staying the suspension of Petitioner's driving privileges to 05/18/2023, scheduled the Petition for 05/18/2023, provided that "Ca]ll briefing is per code", and ordered the "cler...

Excerpt: ...on for Violation of California's Unfair Competition Law Defendant seeks judgment on the pleadings as to Plaintiff's ninth cause of action for violation of California's Unfair Competition Law. In his ninth cause of action, Plaintiff alleges that Defendant violated Business and Professions Code sections 17531 and 17535. Business and Professions Code section 17531 states: "It is unlawful for any person, firm, or corporation, in any newspaper, magazi...

Excerpt: ...or an order compelling Defendant to serve full and complete, objection- free responses to Plaintiff's Requests for Production, Set One, and awarding monetary sanctions in the sum of $828 against Defendant. Plaintiff contends that it served Defendant with Form Interrogatories, Set One and Requests for Production, Set One, and that Defendant's responses were due on December 2, 2022, but that prior to filing the present motions, no responses were re...