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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...-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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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 ...