Excerpt: ...aim. Equitable Tolling: Plaintiff's filing on the union grievance permits equitable tooling to delay filing the Complaint. “[I]f an employee voluntarily chooses to pursue the internal remedy, the time for filing charges with the DFEH or EEOC is equitably tolled: ‘[T]he exhaustion of administrative remedies will suspend the statute of limitations even though no statute makes it a condition of the right to sue.'” McDonald v. Antelope Valley C...

Excerpt: ... of record, Dominque N. Westmoreland, jointly and severally, shall pay sanctions in the amount of $610.00 to D. Sieveke within 30 days of service of Notice of Ruling. If a party to whom interrogatories are directed fails to serve a timely response: (1) the party who has failed to provide a timely response waives any right to exercise his right to produce writings under section 2030.230; and (2) the party propounding the interrogatories may move f...

Excerpt: ...quash despite Basix Surfaces West, Inc.'s (“BSW”) failure to provide a separate statement setting forth the particular documents or demands at issue and the factual and legal reasons why production should be compelled. (Cal. R. Ct., rule 3.1345(a)(5).) Upon a motion reasonably made by a party, the court may quash, modify or direct compliance with a subpoena for production of documents. (Code Civ. Proc. § 1987.1, subd. (a), (b).) The court �...

Excerpt: ... of any disputed factual matters therein. This is a legal malpractice matter. The Underlying Action involves a December 26, 2013 sale by Jerome and Susan Biddle to Plaintiff of a building and real property located at 338 West 7th Street, San Bernardino, California (the “Property”). (Def. UMF No. 3.) In the instant action, Plaintiff alleges that Defendants owed Plaintiff the level of skill and care that a reasonably careful lawyer would use in...

Excerpt: ...erial fact. “In general, [w]hether a given set of facts and circumstances creates a dangerous condition is usually a question of fact and may only be resolved as a question of law if reasonable minds can come to but one conclusion.” Peterson v. San Francisco Community College Dist. (1984) 36 Cal.3d. 799, 810 (Footnote omitted.).) This case represents an exception to the general rule. On June 28, 2019, Huckey v. City of Temecula (2019) 37 Cal....

Excerpt: ...t designated in the complaint is not the proper court.” [CCP §§ 396b, 397(a) (emphasis added)] The strict timing requirements of CCP § 396b (transfer motion to be filed at time answer is due) do not affect a party's right to seek transfer under § 397 (transfer for failure to commence suit in proper court). [Walt Disney Parks & Resorts U.S., Inc. v. Sup.Ct. (Galvan) (2018) 21 Cal.App.5th 872, 879-880, 230 CR3d 811, 816]. Here, the motion is ...

Excerpt: ...on for protective order is DENIED as moot. (Code Civ. Proc., § 2017.020.) The court exercises its discretion to consider the motion to quash despite Defendant's failure to provide a separate statement setting forth the particular documents or demands at issue and the factual and legal reasons why production should be compelled. (Cal. R. Ct., rule 3.1345(a)(5).) Upon a motion reasonably made by a party, the court may quash, modify or direct compl...

Excerpt: ... as a motion for summary judgment. Defendants' Notice of Motion states that Smith and Brown move for “an order granting Defendants' Motion for Summary Judgment as to Plaintiff Martha Torres' Complaint and for cost of suit incurred herein and such other relief as may be just.” (Def. Notice of Motion, 2:2:8-11.) The Notice also states: “The motion will be based on this Notice of Motion for Summary Judgment … and any and all evidence or argu...

Excerpt: ...ities to amend his Complaint against the City of Anaheim and its personnel. The Fourth Amended Complaint of 176 pages still falls far short of pleading viable causes of action. Uncertainty: Code Civ. Proc., § 430.10 (f) authorizes a Demurrer when the “The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” Despite the four amendments, the pleading is still so uncertain that it is incompre...

Excerpt: ...ultimate facts to show it is entitled to such relief. Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166. Conclusory characterization of defendant's conduct as intentional, willful, and fraudulent is a patently insufficient statement of “oppression, fraud, or malice” within the meaning of §3294. Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872. Regardless of relaxed pleading criteria, “allegations that the Defendant's conduct was w...

Excerpt: ... of Code Civ. Proc., § 437c (h). First Cause of Action for Discrimination (Age & Disability): Issues Nos. 1 to 8: “[T]he plaintiff the initial burden to establish a prima facie case of discrimination. . . . [T]he burden shifts to the employer to rebut the presumption by producing admissible evidence, sufficient to ‘raise[] a genuine issue of fact' and to ‘justify a judgment for the [employer],' that its action was taken for a legitimate, n...

Excerpt: ...on to Strike to the original Complaint are moot and off calendar. Plaintiff's Motions for Sanctions under CCP 128.5 and 128.7 are DENIED. “'A defendant who files a special motion to strike bears the initial burden of demonstrating that the challenged cause of action arises from protected activity.' . . . In City of Cotati v. Cashman (2002) 29 Cal.4th 69, 78, 124 Cal.Rptr.2d 519, 52 P.3d 695 (Cotati), the California Supreme Court explained: “[...

Excerpt: ...enied as to the remainder of the documents because it is unnecessary to ask the Court to take judicial notice of materials previously filed in this case. “[A]ll that is necessary is to call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2016) ¶ 9:53.1a.) First Cause of Action (Breach of Contract) It is not clear whether the contract that Plaintiff is alleging Defendan...

Excerpt: ... sustained in part and overruled in part as follows: Objection No. 3 sustained only as to “that Mr. Lemus dated and signed on” (Gray Decl. at 3:8-9) and “that he dated and signed that day” (Gray Decl. 3:11- 12). Objection No. 4 sustained only as to “that Mr. Lemus dated June 18, 2014, and that he signed” (Gray Decl. at 3:18) and “that he signed and dated June 18, 2014, and” (Gray Decl. at 3:20). Objection No. 6 sustained only as t...

Excerpt: ...filed any proof of service of process as to Defendants Oklevueha Native American Church of 7 Generations, Darren D'Assis, Sam Kuk Lee, Loc H. Huynh, Brent David Fraser, Matthew Pappas. In the absence of service of summons, this court lacks jurisdiction over these defendants. (County of San Diego v. Gorham (2010) 186 Cal. App. 4th 1215, 1226-27.) Defendants Elias Adam and Zachariah Mangana. The City does not provide competent evidence that Defenda...

Excerpt: ...t against public participation]. “Only a cause of action that satisfies both prongs of the anti-SLAPP statute – i.e., that arises from protected speech or petitioning and lacks even minimal merit – is a SLAPP, subject to being stricken under the statute.” (Navellier v. Sletten (2002) 29 Cal.4th 82, 89.) Protected Activity A defendant meets its burden of showing the challenged cause of action arises from protected activity by demonstrating...

Excerpt: ...ia, or that LGCAI's contacts with California have a substantial connection to the plaintiff's personal injury claim here. (BNSF Railway Co. v. Tyrrell (2017) __ U.S. __; Vons Cos. Inc. v. Seabest Foods, Inc. (1996) 14 Cal. 4th 434, 455, 460-62.) LG Chem America, Inc. (LGCAI) is incorporated in Delaware and has its principal place of business in Georgia. (Lee Decl. ¶ 3.) LGCAI maintains a small office in the state that employs 5 of LGCIA's 40 emp...

Excerpt: ...he judgment of $202,000.97, the settlement of $15,000.00 and the pre-offer costs. In the original calculation, the court determined the pre- offer costs at $37,117.77. However, Plaintiff was not entitled to recover expert witness fees, because Plaintiff had not served a successful statutory offer. Therefore, the pre-offer costs would be reduced by $28,849.00. Plaintiff's reversed pre-offer costs was $8,268.77. The judgment, settlement and pre-off...

Excerpt: ...5, and 16 are OVERRULED. Evidentiary Objection Nos. 3, 9, 10, and 17 are SUSTAINED in their entirety. Evidentiary Objection No. 11 is SUSTAINED as to the following: “Unfortunately, for CARBAJAL, the only terms under which he is to be dismissed is upon payment in full to PLAINTIFFS.” Evidentiary Objection No. 12 is SUSTAINED as to the following: “However, it is clear that the only terms under which PLAINTIFFS are obligated to dismiss CARBAJA...

Excerpt: ... without prejudice. The court finds that prejudice to Plaintiff exists because Defendants' motion for summary judgment or summary adjudication is set to be heard on August 20, 2018. Plaintiff is unlikely to find counsel that can timely assess their case and defend against Defendants' motion. The court notes that Moving Counsel has not sufficiently confirmed that Plaintiff's address is current and that Moving Counsel has not filed the required ord...

Excerpt: ...ims fall within the scope of this agreement. (Code Civ. Proc. § 1281.2.) Defendants have presented the fully executed Alternate Dispute Resolution Agreements signed by Plaintiffs, which covers any “dispute arising out of or related to Employee's employment with, or termination of employment” from the Company. The burden thus shifted to Plaintiffs to establish some ground on which arbitration can be refused. Plaintiffs have not met this burde...

Excerpt: ...Defendant Spring Valley Post Acute to Request for Admissions, Set One.Moving Party Mary Jess. Responding Party Jess. Responding party Spring Valley Post Acute. Ruling Motion 1: Plaintiff' motion to compel the deposition of Meridian's Person Most Knowledgeable (“PMK”) is GRANTED in part and DENIED in part. Meridian is ordered to produce its PMK as all Topics of Inquiry listed in Plaintiff's deposition notice served in connection with the depos...

Excerpt: ...Dated December 3, 2014, Case No. 30-2016-00882686; (2) In re the Matter of the Estate of Eutimo B. Romber Decedent/Irma Esther Cortez, Maria Isabel Romero, and Guadalupe Romero, Case No. 30-2017-00903504; and (3) Petition to Determine the Construction, Validity, Ascertainment of Beneficiaries and Removal of Trustee and Petition for Instructions Pursuant to Probate Code Sections 17200 and 850 Regarding Allocation of Trust Assets, Case No. 30-2017-...

Excerpt: ...use of action of Plaintiff Abusaif's First Amended Complaint is SUSTAINED, with leave to amend, for failure to state facts sufficient to constitute a cause of action (CCP § 430.10(e)) and for uncertainty (CCP § 430.10(f)). Plaintiffs shall file and serve an amended complaint within 10 days. The first cause of action in the Alsuoof First Amended Complaint (“FAC”) is uncertain. First, paragraph 4c is checked, indicating that “Attachment 4c�...

Excerpt: ...re duplicative of the fifth cause of action for negligence. [Note that the fifth cause of action is for breach of the covenant of quiet enjoyment, not negligence. Defendants presumably mean the seventh cause of action for negligence.] 6th Cause of Action: Premises liability; 8th Cause of Action: Negligent maintenance of nuisance; 9th Cause of Action: Negligent maintenance of premises. Defendants contend these causes of action duplicative because ...

Excerpt: ...e the foreclosure sale, but failed to allege tender. (Arnolds Management Corp. v. Eischen (1984) 158 Cal.App.3d 578-79; United States Cold Storage v. Great Western Savings and Loan Association(1985) 165 Cal.App.3d 1214, 1222.) The SAC also fails to plead facts sufficient to support the element of an illegal, fraudulent, or willfully oppressive sale of real property a claim for wrongful foreclosure. (Munger v. Moore (1970) 11 Cal.App.3d 1, 7.) 200...

Excerpt: ...to Exhibits 1-9. (Evid. Code § 452(h).) It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. 1st Cause of Action (Predatory Lending Violations). The FAC does not allege facts to show the loan at issue to be a “covered loan” pursuant to Financial Code § 4970(b). 2nd and 3 rd Causes of Action (Violation of HBOR, Civil Code Section 2923.5). The first and second causes of action are barred by th...

Excerpt: ...of limitation. There is no authority to dismiss the Complaint based on Code Civ. Proc., § 597. Code Civ. Proc., §1048 grants discretion to bifurcate the statute of limitations if “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy. Code Civ. Proc., § 598 states, “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficien...

Excerpt: ...provided sufficient evidence to establish that Plaintiff is not likely to prevail on this claim. Specifically, the Notice of Default was sent to Plaintiff on April 5, 2018 and signed and received by Plaintiff's husband on April 16, 2018. (Boulter Dec., ¶ 12 and Loria Dec., ¶¶ 4-5.) Second, Plaintiff claims that Defendant owed Plaintiff a fiduciary duty pursuant to Civ. Code § 2923.1 and breached this duty by failing to provide the NOD to Plai...

Excerpt: ...ared and filed in 2018. Further, Counsel Vitiello substituted in as counsel of record in this case on June 9, 2016. At the February 20, 2018 case management conference, at which Mr. Vitiello appeared telephonically, the Court set the trial in this matter for August 27, 2018. Mr. Vitiello did not file this motion until June 15, 2018. Granting the motion now would prejudice Defendant Bauer International Corporation, and the Court will not entertain...

Excerpt: ...LED. (Code Civ. Proc. § 430.10(e).) Second Cause of Action (Elder Abuse). The elements of a claim for physical elder abuse are that: (1) defendant had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene, or medical care; (2) defendant knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs; (3) defendant denied or withheld goods or se...

Excerpt: ... Cause of Action for Elder Abuse. Defendants' demurrer to the first cause of action is OVERRULED. Plaintiff alleged Defendants neglected Decedent in a myriad of ways, including Defendants' failure to timely and competently: provide Decedent continence attention and care so as to not leave Decedent in her urine and feces for extended periods of time, provide adequate and proper assistance with personal hygiene, ensure that Decedent was turned and ...

Excerpt: .... Plaintiff requested that Defendants Joe Fodera. Elisa Fodera & Nick Fodera be named as alter ego of the defaulted limited liability company. “In the case of default judgments, the application of the alter ego doctrine is subject to a limitation arising from considerations of due process. Under Code of Civil Procedure section 187, ‘to amend a judgment to add a defendant, thereby imposing liability on the new defendant without trial, requires...

Excerpt: ...ty Superior Court within 30 days of service of the notice of ruling. (Code Civ. Proc., § 177.5.) Defendant's objection nos. 4 and 8 are SUSTAINED. All other objections are OVERRULED. Rule 2.30 California Rules of Court, rule 2.30 (rule 2.30) provides for sanctions for violating a rule of court. (Cal. Rules Court, rule 2.30; G.R. v. Intelligator(2010) 185 Cal.App.4th 606, 616.) Defendant has set forth violations of California Rules of Court, rule...

Excerpt: ...f action only.” As Plaintiff concedes, the Second Amended Complaint does not conform to the 3/26/2018 order. Defendant Karina Carrillo Ibarra is still named as a defendant in the first cause of action, even though the text of the Second Amended Complaint is virtually identical to that of the FAC. Further, the Second Amended Complaint still contains a request for attorney's fees. “Following an order sustaining a demurrer or a motion for judgme...

Excerpt: ...n correctly contends that Plaintiff failed to allege specific facts to support a cause of action for fraud against him. 'In California, fraud must be pled specifically; general and conclusory allegations do not suffice. . . . This particularity requirement necessitates pleading facts which show how, when, where, to whom, and by what means the representations were tendered.'” Lazar v. Superior Court (1996) 12 Cal.4th 631, 645. (Emphasis original...

Excerpt: ...C ¶¶ 45-54.) The economic loss rule does not apply here, as the FAC alleges the Defendants' negligent repairs resulted in damage the Vehicle in addition to those existing as a result of the defective condition. (FAC ¶¶ 46-49; see Erlich v. Menezes (1999) 21 Cal.4th 543, 550–554.) Plaintiff to give notice. ...

Excerpt: ...aratory Relief). Defendants' Demurrer is OVERRULED as to the Fourth Cause of Action (Intentional Interference with Contractual Relationship). Defendants' Motion to Strike is GRANTED with 10 days leave to amend. The Fifth and Sixth Causes of Action are based on an alleged promise made by Defendants to repay a debt owed by Defendant Jack McCormack to Plaintiffs. The statute of frauds provides that a promise to answer for the debt of another must be...

Excerpt: ...2/30/11. (Id.) On 2/6/12, the Court ordered that the entire action be dismissed without prejudice. After the dismissal, the Court lost jurisdiction to enter any further orders unrelated to enforcement of the settlement. (Lewis C. Nelson & Sons, Inc. v. Lynx Iron Corp. (2009) 174 Cal.App.4th 67, 75.) The court also notes that Plaintiff's Proof of Service suggests a service defect. There is no indication the defect has been corrected. Moving Party ...

Excerpt: ...a Airbnb on October 2, 2015 and references Exhibit 1 to the FACC. (FACC, 10.) Exhibit 1 to the FACC is a written agreement. (FACC, Ex. 1.) The court finds that it can be ascertained from the FACC that the alleged contract is a written agreement. (McKell v. Washington Mut., Inc. (2006) 142 Cal. App. 4th 1457, 1489.) The demurrer on the grounds of lack of ascertainability is overruled. Breach of Contract The Newport Heights Property Group Agreement...

Excerpt: ...8 order granting leave to amend. (Harris v. Wachovia Mortg. (2010) 185 Cal.App.4th 1018, 1023; Code Civ. Proc., § 472.) The court hereby strikes the third cause of action for breach of contract. There is no remaining cause of action that meets the requirements for an attachment to issue. (Code Civ. Proc., § 483.010.) Defendants to give notice. ...

Excerpt: ...Responding Party Plaintiff Maria Torres. Ruling Motion 1: Defendant Edouard Cordi's demurrer to the First Amended Complaint (“FAC”) is SUSTAINED as to the first and fourth causes of action. The demurrer is OVERRULED as to the second and third causes of action. Plaintiff shall have 15 days leave to amend. First Cause of Action for Fraudulent Concealment. Cordi's demurrer to the first cause of action is sustained. The FAC fails to allege, with ...

Excerpt: ...y all parties, and made during the pending litigation. (Code Civ. Proc. § 664.6; Borgen Decl., 2, 6; Wroniak Decl. 2, 4; Avakian Decl. 3; Meyerson Decl. 3; Galindo Decl. 3-4; NOL, Ex. 4.) In response, Plaintiff submitted no opposition. Pursuant to paragraph 2.27 of the parties' settlement agreement, Defendants are entitled to recover reasonable costs and fees. The court finds the hourly rates billed to be reasonable. Defendant Southern Californi...

Excerpt: ...roll records, attendance records, time records, personnel files, manager and/or supervisor files, performance evaluations and reviews, job descriptions and/or job analyses for any positions held by Ms. Sanchez, work-related accommodations requests by Ms. Sanchez, complaints by employees about Ms. Sanchez, complaints by Ms. Sanchez about employees, disciplinary actions pertaining to Ms. Sanchez, and/or termination documents pertaining to Ms. Sanch...

Excerpt: ...by the court. (Code Civ. Proc. § 1033.5(b)(1); Baker-Hoey v. Lockheed Martin Corp. (2003) 111 Cal.App.4th 592, 601; Gorman v. Tassajara Development Corp. (2009) 178 Cal.App.4th 44, 74, as modified on denial of reh'g (Nov. 4, 2009) (“Absent evidence or even an argument that these defense experts were ordered by the court, plaintiffs were not entitled to recover their deposition fees.”).) Plaintiff has made no showing that the experts which ca...

Excerpt: ...SA, Inc. v. uPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 659-660.) Plaintiffs' eighth cause of action for intentional misrepresentation and their ninth cause of action for negligent misrepresentation allege that Serna falsely represented that Premier One installed the door to the manufacturer's specifications even though Serna had no knowledge of the specifications and referred Plaintiffs to the manufacturer's website. (Compl., ¶¶ 68, 95...

Excerpt: ...ed May 29, 1986; Victoria Lee Roy, individually; Victoria L. Roy in her capacity as Trustee of The Roy Family Trust; Don B. Roy in his capacity as Trustee of The Roy Family Trust; Patrick Wurthman; George Wurthman; and Beachwalk, Inc., dba Management One Burr White's Motion for Summary Adjudication is DENIED. Defendants did not timely serve the notice of motion and supporting papers. Code Civ. Proc., § 437c(a)(2); McMahon v. Superior Court (2003...

Excerpt: ...es to form interrogatories and special interrogatories are GRANTED. (Code Civ. Proc., § 2030.290.) Plaintiff shall serve a verified response, without objections, to Form Interrogatories, Set Two and Special Interrogatories, Set Two within 14 days of service of a notice of ruling by Defendant. The motion to deem admitted Requests for Admission, Set Two is also GRANTED. (Code Civ. Proc., section 2033.290.) However, in the event that Plaintiff Jane...

Excerpt: ...w that there was no possibility that [Plaintiffs] could win at trial, but only that it was reasonably possible that [Defendants] would win. (Code Civ. Proc., § 1030, subd. (b).)” Baltayan v. Estate of Getemyan (2001) 90 Cal.App.4th 1427, 1432. Corp. Code, § 25504 provides, “Every person who directly or indirectly controls a person liable under Section 25501 or 25503, every partner in a firm so liable, every principal executive officer or di...

Excerpt: ...le supplement expert witness list. This is not a medical malpractice action and, under the facts and law of this case, the court finds that Nossaman cannot be said to have necessarily anticipated that Plaintiff would designate an accident reconstructionist and neurosurgeon as retained expert witnesses. Unlike Fairfax v. Lords (2006) 138 Cal. App. 4th 1019, this is not a medical malpractice case. In a medical malpractice case, negligence must be s...

Excerpt: ...on for Negligent Retention, Supervision, and Management Neither a bank's internal policies nor standard industry practices for verifying the identity and authority of a party opening an account create a duty to a noncustomer. (Software Design & Application, Ltd. v. Hoefer & Arnett, Inc.(1996) 49 Cal.App.4th 472, 481-82.) Additonally, a bank does not owe a duty of care to a noncustomer “absent extraordinary circumstances” in accepting funds fo...

Excerpt: ...injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.” Plaintiffs did not allege all of the relevant dates in the FAC. Taken from the FAC and the Points and Authorities, the following chronology is evident: 9/28/14: Dr. Cheng treated decedent 10/7/14: Decedent passed away. 12/29/15: First Suit v. Sheriff 7/17: Expert opinion re: Dr. Cheng 9/25/17:...

Excerpt: ...stered the salesperson. Plaintiff has not alleged that as a home improvement salesperson met an exception under Bus. & Prof. Code, § 7157 (d). Plaintiff failed to allege that it was properly licensed or entitled to an exception to the licensure requirement. This requirement is similar to Bus. & Prof. Code, § 7031. “Where applicable, section 7031(a) bars a person from suing to recover compensation for any work he or she did under an agreement ...

Excerpt: ... Ammerman's Motion for Attorney's Fees is GRANTED in the amount of $84,945. Assignee Mitchell Ammerman has established entitlement to an award and documented the appropriate hours expended and hourly rates. (ComputerXpress, Inc. v. Jackson (2001) 93 Cal.App.4th 993, 1020.) The court has reviewed the declarations of Jeremy S. Johnson and find the hourly rates as set forth in Exhibit B of the Supplemental Declaration to be reasonable and consistent...

Excerpt: ...ery referee. If no one is not selected within that time, the court will appoint a Discovery Referee. “When the court in any pending action determines that it is necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report findings and make a recommendation thereon.” Civ. Proc. Code § 639 (a) (5). California Rules of Court, Rule 3.920 (c) requir...

Excerpt: ... no more than 5 pages, to address whether the automatic stay imposed by Code of Civil Procedure section 916(a) applies to the instant motion. The supplemental briefs shall be filed no later than 9 court days before the continued hearing date. Code of Civil Procedure section 916(a) imposes an automatic stay on certain trial court proceedings pending appeal. (Quiles v. Parent (2017) 10 Cal.App.5th 130, 136; Cunningham v. Magidow (2013) 219 Cal.App....

Excerpt: ...ff Carl R. Cain, Sr., individually and as Trustee of the Cain Family Trust u/t/d 07/09/91. Ruling Motions 1-2: Defendants' demurrers to the First Amended Complaint is SUSTAINED. Plaintiff shall have 15 days leave to amend. Defendants demur to the First Amended Complaint (“FAC”) and all of its stated causes of action on the ground they are barred by the applicable statutes of limitation. Defendants contend that Plaintiff failed to allege suffi...

Excerpt: ...teen (15) days leave to amend. The Demurrer of Intervenor Bohm Matsen Kegel & Aguilera LLP to the First Amended Complaint is moot, based on the sustaining of the Demurrer. In order to dissolve the partnership, Plaintiff must seek that relief under Corp. Code, § 16801. Corp. Code, § 16801 provides, “A partnership is dissolved, and its business shall be wound up, only upon the occurrence of any of [six] events. . .” Plaintiff did not make thi...

Excerpt: ... no more than 5 pages, to address whether the automatic stay imposed by Code of Civil Procedure section 916(a) applies to the instant motion. The supplemental briefs shall be filed no later than 9 court days before the continued hearing date. Code of Civil Procedure section 916(a) imposes an automatic stay on certain trial court proceedings pending appeal. (Quiles v. Parent (2017) 10 Cal.App.5th 130, 136; Cunningham v. Magidow (2013) 219 Cal.App....

Excerpt: ...the contents, had actual notice of the 998 offer, and took no action to accept it or to discuss it with Karimi's counsel. Berg v. Darden (2004) 120 Cal.App.4th 721, 732; Mackay Decl., ¶ 9. Plaintiff's motion is untimely. Cal. Rules of Ct., Rule 3.1700(b)(1). However, the Court exercises its discretion to extend the time for serving and filing the notice of motion to strike or tax costs. Cal. Rules of Ct., Rule 3.1700(b)(3). “If an offer made b...

Excerpt: ...ication instead of the original should be deemed admitted. Moreover, Defendant's responses consist of both timely objections and answers and there is no need to verify that portion containing the objections. (Mtn., Ex. B; see also Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 657.) Accordingly, the instant motion is also denied on the grounds that Plaintiff did not comply with the procedural prerequisites for a motio...

Excerpt: ...after reversal of a judgment on appeal, the last date for completing discovery is 15 days before the date initially set for the new trial of the action.” Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 247. (Emphasis added). The fact that this case was remanded from the Federal Courts does not justify failing to apply the rule in Fairmont. “Reopening discovery may serve to clarify facts and eliminate gaps in the evidence that resul...

Excerpt: ...9, 40, 41, and 42 to the Hamilton Declaration; and (4) objection No. 1 to the Nguyen Declaration. The remaining objections are overruled. Plaintiff has established she is entitled to an award of attorney's fees. The Settlement Agreement provides that the prevailing party in any litigation or proceeding arising out of the agreement will be entitled to his or her attorney's fees. Plaintiff is the prevailing party. The February 28, 2018 judgment on ...

Excerpt: .... Co. (2009) 169 Cal.App.4th 1197, 1209; Wilson v. 21st Century Ins. Co. (2007) 42 Cal.4th 713, 720; Complaint, ¶¶ 5, 13-20, and 23-24. The effective date of the policy attached as Exhibit 1 to plaintiff's complaint does not contradict plaintiff's allegation that “[a]t the time of the accident, there was in effect an automobile insurance policy (Policy No. G4792475) that Stedt had purchased from Defendant INTERINSURANCE EXCHANGE OF THE AUTOMO...

Excerpt: ... amount of $1,000.00. On receipt of a response to discovery, the propounding party may move for an order compelling a further response if it finds the response deficient. (Code Civ. Proc., § 2030.300(c).) Plaintiff has failed to provide complete responses to Form Interrogatory Nos. 6.4, 6.7, 8.7, 11.1, 14.1, 17.1, 50.1, 50.2, and 50.3 and did not file an Opposition to justify her failure to provide information reasonably known to her or which sh...

Excerpt: ...f Jurisdiction: Plaintiff filed a Complaint with the Division of Apprenticeship Standards (DAS). Plaintiff failed to challenge the DAS decision by appeal or by petition writ of mandate. Therefore, the court lacks jurisdiction to entertain this action. Failure to Comply with Claims Requirement: Plaintiff failed to file the required claim to seek damages against the State. “[A] plaintiff must allege facts demonstrating or excusing compliance with...

Excerpt: ...ling party] may recover fees and costs only for the motion to strike, not the entire litigation. . . . The court tabulates the attorney fee touchstone, or lodestar, by multiplying the number of hours reasonably expended by the reasonable hourly rate prevailing in the community for similar work.” (Christian Research Inst. v. Alnor (2008) 165 Cal. App. 4th 1315, 1320-1321.) “The Legislature, however, did not intend recovery of fees and costs as...

Excerpt: ... a cost bill, a waiver of the right to costs results. The time provisions relating to the filing of a memorandum of costs, while not jurisdictional, are mandatory. Hydratec, Inc. v. Sun Valley 260 Orchard & Vineyard Co. (1990) 223 Cal.App.3d 924, 929. ...

Excerpt: ...tory offer to compromise on him, there is no dispute that Plaintiff (through Plaintiff's counsel) was aware of the contents, had actual notice of the 998 offer, and took no action to accept it or to discuss it with Karimi's counsel. Berg v. Darden (2004) 120 Cal.App.4th 721, 732; Mackay Decl., ¶ 4. The following postoffer costs are taxed: jury fees in the amount of $438.90; court reporter fees in the amount of $5,859.38; and costs for models, en...

Excerpt: ...eceipt of a response to discovery, the propounding party may move for an order compelling a further response if it finds the response deficient. (Code Civ. Proc., § 2030.300(c).) Special Interrogatory No. 19 requests that Plaintiff identify the short sale agent Plaintiff used to sell the Property. Plaintiff did not respond to Special Interrogatory No. 19. Additionally, Plaintiff did not file an Opposition to justify her failure to respond. Defen...

Excerpt: ... there is no evidence that he did not have the opportunity to read it. As a co-owner, he was not forced to sign the arbitration agreement. Plaintiff failed to establish that the arbitration agreement was substantively and procedural unconscionable. The terms were fair to both sides. The document clearly indicated that the parties were agreeing to binding arbitration. There was no surprise. Defendants are seeking only to enforce the arbitration ag...

Excerpt: ... Cal.4th 599, 622.) Plaintiff filed suit alleging Defendants had breached the parties' earlier settlement agreement, which required Defendants to remove Plaintiff from all loan obligations encumbering the property at 8681 Enloe Circle, Garden Grove, California (the “Property”). Plaintiff achieved her underlying litigation objective by having her name removed from those loans. While Plaintiff did not recover any portion of the $800,000+ in mon...

Excerpt: ...ters of which the Court takes judicial notice does not show that plaintiffs' claims are time barred by CCP section 340.6. Code Civ. Proc., § 438(d). Although Nossaman provided legal services in 2014, there is no allegation in the SAC that shows when the invoices that didn't honor the monthly maximum fee caps were presented to Plaintiffs. The SAC only alleges that Nossaman “initially honored the maximum caps, as reflected on the billings in its...

Excerpt: ...rty Plaintiffs Jonathan Borsuk & JB1 Partners LLC. Motion 4: Strike or Tax Costs. Moving Party Plaintiffs Jonathan Borsuk & JB1 Partners LLC. Responding Party Defendants Farmers Group, Inc., Farmers Ins. Exchange & David Rebsch Motion 5: Strike or Tax Costs. Plaintiffs Jonathan Borsuk & JB1 Partners LLC. Responding Party Defendants Farmers Group, Inc., Farmers Ins. Exchange & David Rebsch. Ruling Motion 1-5: Defendants' Motion to Compel Further R...

Excerpt: ...ning proceedings therein as may tend to avoid unnecessary costs or delay.” “Code of Civil Procedure section 1048 grants discretion to the trial courts to consolidate actions involving common questions of law or fact. The trial court's decision will not be disturbed on appeal absent a clear showing of abuse of discretion.” Todd-Stenberg v. Dalkon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978–979. “Consolidation under Code of Civi...

Excerpt: ...c., § 473 (b): “'To warrant relief under section 473 a litigant's neglect must have been such as might have been the act of a reasonably prudent person under the same circumstances.” Henderson v. Pacific Gas and Elec. Co. (2010) 187 Cal.App.4th 215, 230. Defendants failed to show that they acted with excusable, much less any neglect. The motion for summary judgment was properly granted. Defendants were entitled to the court's ruling. Defense...

Excerpt: ...cript of the deposition that are relevant to the motion” no less than five days before the hearing. Plaintiff also has not shown that she is entitled to production of the documents at issue. Evidence Code section 771(a) requires a document be produced “if a witness, either while testifying or prior thereto, uses a writing to refresh his memory with respect to any matter about which he testifies.” In International Insurance Co. v. Montrose C...

Excerpt: ...ts forth the grounds of good faith and is accompanied by a declaration setting forth a brief background of the case is sufficient. (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.) Defendant Wesco Insurance Company, Inc. has satisfied its minimal burden to set forth the grounds of good faith and a brief background of the case. Together, its moving papers and supporting declaration adequately set forth the nature of the c...

Excerpt: ...the individual and the trust records. Standing: As to the individual's banking records, Defendant Jeffrey Williams lacked standing to quash the subpoena. As to the Trust records, Jeffrey Williams, has standing to challenge the subpoena for concerning the trust's account. He was the successor trustee. Scope of Discovery: “Under the discovery statutes, information is discoverable if it is unprivileged and is either relevant to the subject matter ...

Excerpt: ...n, because ambiguities can be clarified under modern discovery procedures.” Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616. “Generally, demurrers for uncertainty are disfavored. Ambiguities can be clarified with discovery. However, a demurrer for uncertainty can be sustained if the pleading is so incomprehensible that a defendant cannot reasonably respond.” Lickiss v. Fin. Indus. Regulatory Auth. (2012) 208 Cal. App. 4t...

Excerpt: ...2015) 240 Cal.App.4th 523, 529-530. Defendant's responses to request for admission numbers 1, 2, 3, 9, and 32 were identical and included objections. Defendant's responses were based on Defendant's knowledge at the time and were not flat denials. After receiving these responses, Plaintiff did not move to compel further responses. Plaintiff is not entitled to an award of fees. Wimberly v. Derby Cycle Corp. (1997) 56 Cal.App.4th 618, 636-637. Defen...

Excerpt: ...a. Sullivan and Hargreaves Court Reporters (“The Sullivan Group”), Michael Sullivan, and Susan G. Sullivan. Ruling Motion 1: Defendants' motion for summary judgment is DENIED. Defendants' motion for summary judgment is granted as to Issue Nos. 1(a); 2(a); and 3(a) and denied as to all remaining issues. Defendants' request for judicial notice is granted in its entirety. Plaintiffs' objections are overruled. Defendants' objections are sustained...

Excerpt: ...at Plaintiff violated Penal Code section 502. Cross-Complaint, ¶¶ 18-22, 26- 32. Plaintiff's contention that the damages are speculative, conjectural and remote is not a ground for demurrer set forth in CCP section 430.10. Alliance alleged sufficient facts to show it was damaged as a result of Plaintiff's actions. Cross-Complaint, ¶¶ 21, 32. Plaintiff's demurrer to this cause of action is overruled. Second cause of action for violation of the...

Excerpt: ...Section 2923.5). The first and second causes of action are barred by the statute of limitations. (CCP § 338(a).) Here, the Complaint alleges Defendants improperly recorded the Notice of Default without contacting Plaintiff. The NOD was recorded 03/24/2014. The Complaint was filed over three and a half years later, in 12/2017. 3rd Cause of Action (Negligence). The Complaint fails to allege facts to support any breach of Defendants' duty of care. ...

Excerpt: ...to June 4, 2018 at 10:30 a.m. in Dept. C26. Moving party did not show plaintiff refused to arbitrate. Code Civ. Proc., § 1281.2. Moving party did not comply with the Court's 3/19/2018 Order requiring moving party to serve and file, no later than 4/2/2018, a supplemental declaration showing whether plaintiff agrees to arbitrate these claims. Moving party shall serve and file a supplemental declaration showing whether plaintiff agrees to arbitrate...

Excerpt: ...le Responsibility of Defendants is GRANTED in part and DENIED in part. The Court's November 6, 2017 order staying the instant case is vacated. Jurisdiction of all proceedings in this civil action shall return to the Orange County Superior Court. The Status Conference scheduled for 5/21/18 at 8:30 a.m. in Dept. C26 is VACATED. A Case Management Conference shall be set for June 18, 2018 at 8:30 a.m. in Department C-26. Plaintiff's request for an or...

Excerpt: ...odriguez v. Botros, this court declines to the transfer the Orange County case to Los Angeles. Justice would be better serve to have the two cases continue on their separate tracks. The key issue concerns the status of discovery and trial setting. The Orange County case, Botros v. Crisanti, is set for trial on 6/25/18. The Los Angeles case, Rodriguez v. Botros, is set for 2/15/19. The Rodriguez is just starting discovery, where the Botros case ha...

Excerpt: ....” (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182.) Specifically, Code of Civil Procedure section 664.6 provides, in pertinent part: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” Here, Plaintiff has established the ...

Excerpt: ...ponding Party Plaintiff Eduardo Segui. Ruling Motion 1-3: Defendant/Cross-Complainant Jonathan Segui's (1) Motion to Compel Further Responses to Form Interrogatories, Set One, from Eduardo Segui and for Sanctions against Eduardo Segui and His Counsel, (2) Motion to Compel Further Responses to Special Interrogatories, Set One, from Eduardo Segui and for Sanctions against Eduardo Segui and His Counsel, and (3) Motion to Compel Further Responses to ...

Excerpt: ...f contract are “the existence of the contract, performance by the plaintiff or excuse for nonperformance, breach by the defendant and damages.” First Commercial Mortgage Co. v. Reece(2001) 89 Cal.App.4th 731, 745. Plaintiff did not show Plaintiff performed or was excused from performing. Plaintiff's memorandum states, “According to the terms of the Agreement, State Fund notified Tantuwaya of his breach and allowed him time to cure. State Fu...

Excerpt: ...to Tax Costs is GRANTED in part and DENIED in part. Paramount's costs are taxed in the total amount of $75,269.11. Trial Graphic Designer Litigation support fees, such as a trial graphic designer, do not fall within the defined allowable costs and are also not specifically barred cost items under Code of Civil Procedure section 1033.5(b). Thus, Paramount has the burden to demonstrate that the cost was reasonably necessary to the conduct of the li...

Excerpt: ...ial matter that the Second Amended Complaint on file with this Court does not include a copy of “Exhibit 1.” Defendants seek to strike 11 paragraphs from the SAC, but fail to show how these entire paragraphs are irrelevant, false, or improper. Defendants also seek to strike the claim for punitive damages. “In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive da...

Excerpt: ...s, specifically cross-complainant Jessica Rios and Samuels, Green & Steele. CRC, Rule 3.1300(c) (“Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.”) If Abdoun has not served Rios and/or Samuels, Green & Steele, Abdoun shall serve a copy of all papers he filed that are related to this motion on Rios and Sameuls, Green & Steele no later than 4/20/2018. Abdoun shall file...

Excerpt: ...tions within 20 days of service of this ruling. Defendants failed to serve timely responses to the discovery requests, served July 28, 2017. Ruling Motion 2: Plaintiff's unopposed Motion to Compel Responses and Documents in Response to Requests for Production is GRANTED. (CCP § 2031.300(b).) Defendants Parimal Shah and Bipin Morari esa Bipin Jay Bharat shall serve verified responses without objections and make available for inspection all respon...

Excerpt: ...effective. (Appleton v. Super. Ct. (1988) 206 Cal.App.3d 632, 636.) Here, Plaintiff fails to justify any objection or failure to fully respond to the interrogatories at issue. (Code Civ. Proc., § 2030.300(c); Fairmont Ins. Co. v. Super. Ct. (2000) 22 Cal.4th 245, 255.) The interrogatories at issue request information regarding Plaintiff's calculation of alleged damages. Plaintiff has a duty to make a reasonable and good faith effort to obtain th...

Excerpt: ...in Limine No. 1; Exclusion of Trial Exhibits 201 and 202 Defendants argue that it was an error not to admit Trial Exhibits 201 and 202 for non-parol evidence reasons. Defendants contend that the documents were relevant to the basis of Defendants' good-faith beliefs and actions regarding the triple net CAMs charges. Plaintiff put Defendants' mindset at issue by suing for breach of the covenant of good faith and fair dealing. Defendants argue that ...

Excerpt: ...and the Regents as a state record. Wage and Hour Claims: In Kim v. Regents (2002) 80 Cal.App.4th 160, 166,the court held that the Re “Regents are nonetheless exempt from its mandate by virtue of their constitutional status.” The relationship between Plaintiff and the Regents is governed by the union contract. (First to Fifth Causes of Action). Wrongful Termination: As a public entity, the Regents may not be sued for common law torts. Governme...

Excerpt: ... to state a cause of action. (Para. 10). “Complaints in actions against multiple defendants commonly include conclusory allegations that all of the defendants were each other's agents or employees and were acting within the scope of their agency or employment. Prominent treatises, while recognizing that the Supreme Court has described such allegations as ‘egregious examples of generic boilerplate' . . . still advise that ‘such allegations m...

Excerpt: ...t as to the truth and legal interpretation of the document. Request for Judicial Notice: The initial issue is to what extent should the court take judicial notice of the prenuptial agreement? Since the agreement was recorded, the court will take judicial notice of its existence. However, the court cannot take judicial notice of the truth of the contents and the legal interpretation of the agreement. “Judicial notice may not be taken of any matt...

Excerpt: ...e by the attachment. Code Civ. Proc., § 484.020(b). In addition, plaintiff has not submitted any evidence to show that attachment is proper against the alleged guarantors. Advance Transformer Co. v. Superior Court (1974) 44 Cal.App.3d 127, 144. Plaintiff may serve and file an amended application stating the amount plaintiff seeks to attach and a supplemental declaration showing attachment is proper against the guarantors no later than 4/20/2018....