Excerpt: ...ate America, Inc., Western Riverside Council of Governments and County of Orange, GD Friend Inc. dba Everlast Home Energy Solutions (GD Friend) and Gregory Friend commit fraud and financial elder abuse. Therefore, Plaintiffs alleged that Orange County's levy and charge of taxes and fees was illegal and should be cancelled. Exemption from Filing Claim: Government Code 905 (a) exempts Plaintiffs' claim. Gov. Code, § 905 provides that “all claims...

Excerpt: ...the Vivian Schroeder Separate Property Trust. 5. Demurrer to Amended Complaint 6. Motion to Strike Portions of the Third Amended Complaint Moving Party: Roe Properties Responding Party: Plaintiff Vivian Schroeder, as an individual and as trustee of the Vivian Schroeder Separate Property Trust. Ruling Motion 1: Defendant Alice Roe's Demurrer to Third Amended Complaint is SUSTAINED without leave to amend as to the First and Second Causes of Action....

Excerpt: ... burden of proof to show that there was a complete defense under Civ. Code, § 3439.09 to these causes of action. Statute of Limitations: Civ. Code, § 3439.09 provides that “A cause of action with respect to a transfer or obligation under this chapter is extinguished unless action is brought pursuant to subdivision (a) of Section 3439.07 or levy made as provided in subdivision (b) or (c) of Section 3439.07: (a) Under paragraph (1) of subdivisi...

Excerpt: ...001) 25 Cal.4th 826, 850.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc. (“CCP”), § 437c(p)(2).) Once the moving party meets that burden, the burden shifts to Plaintiff to show, by reference to specific facts, the existence of a triable issue as to that af...

Excerpt: ...substantively addresses each issue. A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact . . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A plaintiff moving for summary judgment satisfies his or her initial burden by showing that each element of the cause of action in question has been “proved,” and hence t...

Excerpt: ...atories or production of documents results in a waiver of any objection to the request. (Code Civ. Proc., §§ 2030.290(a); 2031.300(a).) However, the trial court can relieve a party from such a waiver if “both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance; and (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable n...

Excerpt: ...to the First, Ninth, Tenth and Eleventh Causes of Action. The Motion is DENIED as to the remaining Causes of Action. Prior Ruling: On 7/13/20, the court overruled Defendants' Demurrer, because the Demurrer was to the entire Complaint when all causes of action were not addressed. (ROA 139). The court did not address the individual causes of action. Judgment on the Pleadings: “In the case of either a demurrer or a motion for judgment on the plead...

Excerpt: ... (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only t...

Excerpt: ...to the First, Ninth, Tenth and Eleventh Causes of Action. The Motion is DENIED as to the remaining Causes of Action. Prior Ruling: On 7/13/20, the court overruled Defendants' Demurrer, because the Demurrer was to the entire Complaint when all causes of action were not addressed. (ROA 139). The court did not address the individual causes of action. Judgment on the Pleadings: “In the case of either a demurrer or a motion for judgment on the plead...

Excerpt: ... (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only t...

Excerpt: ...substantively addresses each issue. A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact . . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A plaintiff moving for summary judgment satisfies his or her initial burden by showing that each element of the cause of action in question has been “proved,” and hence t...

Excerpt: ...001) 25 Cal.4th 826, 850.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc. (“CCP”), § 437c(p)(2).) Once the moving party meets that burden, the burden shifts to Plaintiff to show, by reference to specific facts, the existence of a triable issue as to that af...

Excerpt: ... burden of proof to show that there was a complete defense under Civ. Code, § 3439.09 to these causes of action. Statute of Limitations: Civ. Code, § 3439.09 provides that “A cause of action with respect to a transfer or obligation under this chapter is extinguished unless action is brought pursuant to subdivision (a) of Section 3439.07 or levy made as provided in subdivision (b) or (c) of Section 3439.07: (a) Under paragraph (1) of subdivisi...

Excerpt: ...resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) The Complaint alleges that Plaintiff and Defendant DI Overnite LLC entered into a written employment contract on June 13, 2014. This employment contract, which is the offer letter that was signed by Defendant's president and by Plaintiff, offers Plaintiff employment as the “Executive Vice President of Operations and an authorized Finance offic...

Excerpt: ... misconduct are sustained as to Scallorn and overruled as to Assisting Hands. The demurrer to the fourth cause of action for unfair business practices is overruled. Defendants' special demurrers pursuant to Code of Civil Procedure sections 430.10(f) and 430.10(g) are overruled. Should Plaintiffs desire to file an amended complaint that addresses the issues in this ruling, Plaintiffs are ordered to file and serve it within 15 days of notice of rul...

Excerpt: ...ecret, and (3) resulting harm. (Civ. Code, § 3426.1, subd. (b); Reeves v. Hanlon (2004) 33 Cal.4th 1140, 1155; CytoDyn of New Mexico, Inc. v. Amerimmune Pharmaceuticals, Inc. (2008) 160 Cal.App.4th 288, 297.) Defendant Le contends that the FAC does not allege what trade secrets Le acquired, when or how Le disclosed or used a trade secret, or to whom Le disclosed a trade secret. The FAC, however, identifies the “Trade Secrets” at issue: custo...

Excerpt: ...ban Commons, LLC, Taylor Woods, Howard Wu & Andrew Murray Ruling Motion 1: Defendants' Motion to Compel Arbitration is DENIED. Procedural Defect: Defendant failed to follow the procedural requirements to move to compel arbitration. “A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract.” Freeman v. State Farm Auto Ins. Co. (1975) 14 Cal.3d 473, 480. Code Civ. Proc., § 1281.2 provides t...

Excerpt: ...d Co. (2001) 25 Cal.4th 826, 850.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc. (“CCP”), § 437c(p)(2).) Once the moving party meets that burden, the burden shifts to Plaintiff to show, by reference to specific facts, the existence of a triable issue as to...

Excerpt: ...ion, the court need not determine Issue No. 4. A defendant moving for summary judgment bears the initial burden to show the plaintiff's action has no merit. It may do this by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826,...

Excerpt: ...f more limited relief.” Zellerino v. Brown (1991) 235 Cal.App.3d 1097, 1107. The “sole remedy for relief from waiver in the context of discovery is contained within the provisions of the Act and it cannot rely upon the provisions of section 473.” Scottsdale Ins. Co. v. Superior Court (1997) 59Cal.App.4th 263, 274–275. The motion was also made under the appropriate statutes, which are similar. Code Civ. Proc., § 2030.290 (a) provides that...

Excerpt: ....1 contains a subdivision that expressly preserves nonfinal claims. Under subdivision (q), “Notwithstanding any other provision of law, any claim for damages described in paragraphs (1) through (3), inclusive, of subdivision (a) that has not been litigated to finality and that would otherwise be barred as of January 1, 2020, because the applicable statute of limitations, claim presentation deadline, or any other time limit had expired, is reviv...

Excerpt: ... truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (See Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) A demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the pleading but is directed at the uncertainty existing in the allegations actually made. (People ...

Excerpt: ...any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.” (Bus. & Prof. Code § 17200.) California's false advertising law ) Bus. & Prof. Code § 17500) is equally comprehensive within the narrower field of false and misleading advertising. (Kwikset Corp. v. Superior Court (2011) 51 Cal.4th 310, 320.) While the substantive reach of these statutes remains expansive, California's elector...

Excerpt: ...ndants' Demurrers to the Second Amended Complaint are overruled in part as moot and sustained in part with 15 days leave to amend. (Code Civ. Proc., § 430.10(e).) Ruling Motion 3: Defendant Boll's Demurrer to the Second Amended Complaint is sustained with 15 days leave to amend. (Code Civ. Proc., § 430.10(e).) A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (See ...

Excerpt: ... and SUSTAINED in part without leave to amend. (Code Civ. Proc., § 430.10(e).) The demurrers to all causes of action are sustained as to Cross-Defendant Handy Randy. The Cross-Complaint fails to allege facts showing that entity Cross-Defendant Handy Randy may be held liable for the torts of its alleged agent Cross-Defendant Gregory Larson. A principal may be held liable for the torts of its agent or ostensible agent falling within the scope of t...

Excerpt: ... under conditions consistent with applicable COVID-19 public health orders and guidance or under conditions to which the parties otherwise stipulate. In light of the court's concurrent ruling on Defendant's Motion to Disqualify Counsel, the parties are reminded that Attorney Annie C. Lu is disqualified from taking or defending depositions. Any party may obtain discovery by taking in California the oral deposition of any person, including any part...

Excerpt: ...he UCC filing. There was a condition precedent which stated, “UPON APPROVAL OF SALES VOLUME . . . subject to approval of Purchaser(s), and Seller(s) . . .” Since the condition precedent did not occur, the UCC filing was improper and is stricken. Pursuant to Code Civ. Proc., § 765.030, Defendant June Jinoh Lee is required to pay reasonable attorney fees in the sum of $1,950.00 ($325.00 per hour x 6 hours) within fifteen (15) days. Oral testim...

Excerpt: ...nted in part. Disobeying a court order to provide discovery is a misuse of the discovery process. (Cal. Civ. Proc. Code § 2023.010(g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) A trial court should consider both the conduct being sanctioned and its effect on the party seeking discovery and, in choosing a sanction, should attempt to tailor the sanction to the harm caused by the withheld discovery. (Doppes v. Bentley Motors, Inc. (...

Excerpt: ...e Civ. Proc., § 2023.010(g). On 07/27/2020, this Court ordered Defendant Americor Funding, Inc., to provide further responses to Form Interrogatories (Set One), Nos. 201.2(b), 201.4(c), and 216.1(c), among others. (ROA 169.) Defendant's responses to Nos. 201.2(b) and 201.4(c) remain evasive and incomplete. Defendant's arguments that the responses are complete rely on information not included in the verified responses; the verified response to No...

Excerpt: ...basis that it is moot after the Court's ruling on December 14, 2020 which granted Plaintiff Paul H. Beyer with leave to file an Amended Complaint. (ROA No. 274, Gonzalez Decl., ¶ 5; ROA No. 267, 12/14/20 Minute Order.) Defendant Orange Coast Memorial Medical Center (“OCMMC”) OCMMC joined in Defendants Mir B. Ali, M.D. and Smart Dimensions Weight Loss's Motion to Dismiss by way of a Notice of Joinder filed on 10/16/20. It is common practice f...

Excerpt: ...n to compel. The trial court should tailor the sanction for such conduct to “fit the crime.” (Reedy v. Bussell (2007) 148 Cal.App.4th 1272, 1293.) The court cannot impose sanctions as punishment; the choice of sanctions should not give the moving party more than it would have gotten had the discovery been responded to. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992; Caryl Richards, Inc. v. Superior Court, 188 Cal.App.2d at 30...

Excerpt: ...le it within 15 days of service of the Notice of Ruling. First Cause of Action for Violation of Civil Code Section 1694 The first cause of action alleges the March 31, 2019 Membership Agreement between Raging Bull Enterprises and Plaintiff (the “Contract”) violates Civil Code section 1694.2(b)(1) and section 1694.2(d)(1). Civil Code section 1694.2(b)(1) states: Every dating service contract shall contain on its face, and in close proximity to...

Excerpt: ...Universal Recording Environment (“SECURE”) system is denied. The relationships between Plaintiffs and LA County are governed by a Memorandum of Understanding (“Memorandum”). Plaintiffs have each separately entered into a Memorandum. (Klessig Decl., ¶ 2, Exs. 1 and 2.) Each Memorandum details that the counties of Los Angeles, Orange, Riverside, and San Diego are the “Owners” of the SECURE system, and Plaintiffs are referred to as the ...

Excerpt: ...se. Although it is not entirely clear, it appears that Defendant is seeking relief under Code Civ. Proc § 473(b). That is, according to the Notice of Motion, Plaintiff is seeking relief under Code Civ. Proc § 473(b). But the Motion does not discuss this section at all. Code Civ. Proc. § 473(b) permits a court to grant relief from a judgment, dismissal, order or other proceeding taken against a party on the grounds of “mistake, inadvertence, ...

Excerpt: ...done and material furnished; and the Legislature shall provide, by law, for the speedy and efficient enforcement of such liens.” (Cal. Const., art. XIV, § 3.) Although Petitioner asserts that a petition to remove a claim of lien is the same as a motion to expunge a lis pendens, this is not accurate and the authority cited by Petitioner, Lambert v. Superior Court (1991) 228 Cal.App.3d 383, does not support this proposition. Rather, Lambert addr...

Excerpt: ... Livemore LLC dba Mansion Costa Mesa Ruling Motion 1) Ruling: Defendant YG's Demurrer to the First Amended Complaint is sustained in part and overruled in part. Defendant YG demurs to the fourth cause of action for negligence and the fifth cause of action for negligent hiring. To state a claim for negligence, plaintiff must allege that: (i) defendants had a legal duty to use due care; (i) a breach of such legal duty; and (iii) the breach as the p...

Excerpt: ... the Second Amended Complaint is OVERRULED as to the First Cause of Action for Negligence and SUSTAINED with fifteen (15) days leave to amend as to the Second Cause of Action. First Cause of Action for Negligence v. Rainbow Rising: Plaintiff alleged that “No staff from Defendants witnessed, paid attention, or supervised Plaintiff and the students around him when the accident happened.” (Page 2, lines 23- 24). “Rainbow Rising . . . owed a sp...

Excerpt: ...s is denied. A party seeking to compel arbitration pursuant to Code of Civil Procedure section 1281.2 must plead and prove (1) the existence of a written arbitration agreement and (2) that the other party has refused to arbitrate. (Code Civ. Proc., § 1281.2; Mansouri v. Sup. Ct. (Fleur Du Lac Estates Ass'n) (2010) 181 Cal.App.4th 633, 640-641.) Because the existence of the agreement is a statutory prerequisite to granting the petition, the petit...

Excerpt: ... 96, 100-101.) The Complaint sufficiently indicates what issues must be admitted or denied by Defendants. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Causes of Action for Breach of Loan Agreement. The Complaint asserts five causes of action for breach of loan agreement. The demurrer indicates that Defendants believe the first cause of action (but apparently not the other causes of action for breach of loan agreement) fa...

Excerpt: ...ke at ii:6-7; Special Mot. to Strike at 1:22-23.) The Special Motion to Strike represents that a copy of the FACC is attached to the concurrently filed RJN (Special Mot. to Strike at 1:22- 23), but no RJN was filed. (See generally ROA.) There is no FACC on file with this court. It is reasonable to believe that the self-represented Cross-Complainants served but neglected to file an amended Cross-Complaint. If the moving papers refer to a not-yet-f...

Excerpt: ...aware law, Plaintiff concludes that Defendant and Plaintiff owe each other a fiduciary duty. The Complaint alleges that Defendant breached the duty “owed to the John [sic] by doing all of the acts and omissions alleged in this complaint.” (Comp., ¶ 40.) Specifically, the Complaint alleges that Defendant, knowing Plaintiff was out the country, used Plaintiff's absence to attempt to gain control of XG in a way that was open to the public and g...

Excerpt: ... v. Dong Li (OCSC 2020-01131891) shall be the lead case, as it is the lowest numbered case. Plaintiff to give notice. Ruling Motion 2: Ruling: Defendant's demurrer is sustained; Defendant's motion to strike is granted. The California Fair Employment and Housing Act (“FEHA”) makes it unlawful for an employer to discharge an employee because of her “marital status.” (Gov. Code § 12940(a).) Plaintiff's first cause of action asserts a cause ...

Excerpt: ...suant to Code of Civil Procedure section 36 is denied without prejudice. Code of Civil Procedure section 36(a) states that a party to a civil action who is over 70 years of age may petition the court for a preference, which the court “shall grant” if the court makes both of the following findings: (1) the party has a substantial interest in the action as a whole and (2) the health of the party is such that a preference is necessary to prevent...

Excerpt: ...int.'” Medical Marijuana, Inc. v. ProjectCBD.com (2020) 46 Cal.App.5th 869, 884. Plaintiff has specifically identified the alleged libel, which satisfied the pleading requirement. Anti-SLAPP: “Resolution of an anti-SLAPP motion involves two steps. First, the defendant must establish that the challenged claim arises from activity protected by section 425.16. . . . If the defendant makes the required showing, the burden shifts to the plaintiff ...

Excerpt: ...he initial burden to show the plaintiff's action has no merit. It may do this by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demons...

Excerpt: ... Espinoza and Lisa Espinoza, as successors in interest on behalf of Chandler Espinoza, deceased; Chip Espinoza, Lisa Espinoza, Chase Espinoza, Chance Espinoza, and Charli Espinoza Ruling for Motion 1: Defendant's demurrer to the first through thirteenth causes of action is sustained. Should Plaintiffs wish to amend the complaint to address the issues herein, Plaintiffs shall file and serve the amended complaint within 15 days of service of the no...

Excerpt: ... is granted. A defendant moving for summary judgment bears the initial burden to show the plaintiff's action has no merit. It may do this by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has plea...

Excerpt: ...olicy, a defendant owes no duty to protect a plaintiff from particular harms.” (Avila v. Citrus Community College Dist. (2006) 38 Cal.4th 148, 161.) Where primary assumption of the risk applies, it is a complete bar to the plaintiff's recovery. (Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990, 1003-1004.) The California Supreme Court has ruled that primary assumption of risk may bar a personal injury action brought by a particip...

Excerpt: ...ely with supplemental responses. Ruling Motion 2) Plaintiff Sushi Bear, Inc.'s Motion for Further Responses to Special Interrogatories is GRANTED in part and DENIED in part. Within fifteen (15) days, Defendant June Jinoh Lee shall respond without objection to Special Interrogatories Nos 1 and 2. The Motion is denied as to Special Interrogatories Nos. 29, 30, 31, 32, 34 and 35. Special Interrogatories Nos. 2 & 3 requested the facts upon which Defe...

Excerpt: ...r 28, 2020. Code of Civil Procedure section 685.040 provides a judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney's fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5 [attorneys' fees allo...