Excerpt: ...msl, ¶¶ 15 and 16 indicate that Dr. Himsl cannot absolutely rule out, to a reasonable medical probability, that the stent procedure itself caused Plaintiff's injuries. Dr. Himsl does not expressly state that the stent placement procedural did not cause Plaintiff's injuries. Therefore, Defendant has not met his burden as to whether the stent removal procedure itself caused Plaintiff's injuries. As to the second cause of action for lack of inform...

Excerpt: ...ut prejudice to plaintiff filing a properly noticed and supported motion pursuant to Code of Civil Procedure section 425.13. The complaint alleges claims for punitive damages for every cause of action except for the first cause of action for professional negligence. (Complaint, ¶¶ 30, 38, 46, 52, and paragraph 3 of the prayer for relief.) However, plaintiff's causes of action for second through fifth causes of action for intentional infliction ...

Excerpt: ... Court Fees and an Order on Court Fee Waiver. (Declaration of Scott Feig (“Feig Decl.”), ¶ 2.) Plaintiff's counsel submitted the firm's credit card in the event the court denied the Request to Waive Court Fees. (Feig Decl., ¶¶ 3-4.) The order on the court fee waiver was issued on 11/28/18, and notice from the clerk of the court to pay the mandatory filing fee was served on 12/6/18. (Defendant's RJN, Exs. C and D.) On 1/7/19, defendant file...

Excerpt: ...erior Court (2007) 148 Cal.App.4th 556, 570.) Personal jurisdiction may be general or specific. A nonresident defendant may be subject to general jurisdiction if his or her contacts with the forum are substantial, continuous and systematic. (See Vons Companies Inc. v. Seabest Foods, Inc. (1996) 14 Cal. 4th 434, 445.) Ouning presented evidence to establish that the Court does not have general jurisdiction over it, and NuWave has not presented suff...

Excerpt: ...as to the 1 st CoA. Defendants American Golf Corporation and Root'n USA Corporation's Motion to Strike Portions of the Second Amended Complaint, is GRANTED, without leave to amend, as follows. Punitive damages are not recoverable under the ADA or the Unruh Civil Rights Act. Plaintiff is not entitled to punitive damages under the Unruh Civil Rights Act and the CA Disabled Persons Act. Civil Code section 52(a) is silent on exemplary damages and pro...

Excerpt: ...y associated with the physical injuries claimed,” and that he “will not present expert testimony regarding the usual mental and emotional distress at trial in support of his claim for damages.” (Carrillo Decl. ¶ 11, Exh. J [Exh. 2 attached thereto].) Moving Parties have not demonstrated exceptional circumstances to persuade the Court to grant the motion despite the stipulation. Further, Moving Parties do not sufficiently demonstrate how De...

Excerpt: ... separate statement provide “all the information necessary to understand each discovery request and all the responses to it that are at issue. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response.” Here, the “Separate Statement” submitted by the Mr. Weed does not comply with Cal. Rules of Ct., Rule 3.1345(c). It simply attac...

Excerpt: ...pp.4 th 1228, 1238). Having done so, the Court finds sufficient factual allegations to support claims for conversion, either directly or via a theory of civil conspiracy. (See ¶29, ¶65, ¶69, ¶71 and ¶74 of TAC). “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer.” (See Quelimane Co. v. Stewart Titl...

Excerpt: ....App.3d 516, 528-530 [disapproved on other grounds in Williams v. Sup.Ct. (Marshalls of CA, LLC) (2017) 3 Cal.5th 531, 557 & fn. 8].) Defendant, however, fails to demonstrate that all of the documents sought e.g., communication regarding Plaintiff's employment application, promotions or demotions, employment contract, performance evaluations, status of employment and/or absence or tardiness records, are directly relevant to a cause of action or d...

Excerpt: ...ll of Plaintiff's claims against Defendant arise from an alleged breach of the Litigation Guarantee contract. (See e.g., FAC, ¶¶ 1, 13-17, 21-33, 36-39, 45-47, 49-53, 57- 59.) The FAC, however, fails to adequately allege the contract, i.e., the Litigation Guarantee is not attached as an exhibit to the FAC and its material terms and conditions are not adequately alleged. While Plaintiff contends that such allegations are not necessary because De...

Excerpt: ...ependent Fire District(2015) 61 Cal. 4 th 97, 115; see also Huerta v. Kava Holdings, Inc. (2018) 29 Cal.App.5 th 74.) Therefore, in non-frivolous FEHA cases, the prevailing party cost provisions are express exceptions to section 1032, and section 998 does not apply as well. The Court finds that the Judgment entered on 12/13/18 needs to be amended to reflect that Defendant is not entitled to costs as the Court does not find that Plaintiff's action...

Excerpt: ...ster Association's Special Motion to Strike Pursuant to Code of Civil Procedure Section 425.16 is GRANTED. Defendant has met its initial burden of making a prima facie showing that the 1 st, 2 nd, and 3 rd causes of action arise from “an act in furtherance of a person's right of petition or free speech under the United States or California Constitutions in connection with a public issue.” (See CCP § 425.15(e).) The causes of action arise fro...

Excerpt: ... attorney's fees. To the extent Plaintiff intended to seek fees pursuant to C.C.P. §874.020, there has been no showing the referenced fees were incurred for the mutual benefit of the parties, as opposed to “litigating purely controversial issues…” (See C.C.P. §874.020 and Stewart v. Abernathy (1944) 62 Cal.App.2d 429, 433). Alternatively, to the extent the instant Motion is brought pursuant to the Settlement Agreement, the request is prem...

Excerpt: ... Court Case No. BC590724, and the arguments raised by the parties on the grounds that they are not relevant for the purposes of the instant motion. Motion to Compel Arbitration: Defendant submits evidence that Plaintiff signed an arbitration agreement which requires Plaintiff's claims against Defendant in this action to be resolved by binding arbitration. (Declaration of Chelsey Banos at ¶¶ 2-3, Exhibits A-B.) Plaintiff, in opposition, does not...

Excerpt: ...er a jury returned a not guilty verdict and the trial court ordered Plaintiff's release on May 15, 2017. (See SAC, Page 2, Lines 7- 13 and TAC, Page 1, Lines 18- 21.) However, the Third Amended Complaint and the exhibits attached thereto, fail to demonstrate that Plaintiff provided adequate facts or notice that he was complaining about a false imprisonment which occurred AFTER the not-guilty jury verdict and order of the court on May 15, 2017. Ra...

Excerpt: ...holder derivative claims, by failing to allege compliance with Corporations Code §800(d). In this instance, the Complaint alleges Defendants embezzled funds from Heyvoon, Inc. (See ¶16 of FAC). Additionally, the Complaint expressly alleges “Defendants have taken approximately $143,000 of money which belongs to Heyvoon, Inc….” (Id.). Indeed, continuous references to corporate property are included within the First through Third Causes of A...

Excerpt: ...c. (No. 6) (collectively “Cross-Defendants”) to serve verified responses confirming full production of responsive documents; and compelling them to produce the documents response to RFP, Set No. Three, including specifically RFP Nos. 31-38 and 43; and monetary sanctions in the amount of $8,367.40 payable by Cross- Defendants and/or their counsel. Motions 2-6 are Denied without prejudice. Cross Complainants filed one motion failing to address ...

Excerpt: ...dent relief pursuant to C.C.P. §473(b) and considered the previously unfiled Privilege Log (See Exhibit 1 of October 3, 2018 Motion), the Court shall now amend the September 17, 2018 order, such as to exempt from production the documents identified on Pages 5-10 and 54-57, in connection with the following cases: (1) Jones v. SCAC and Aaron Brower (18- 975904); (2) Jones v. SCAC and Aaron Brower (No. 18- 970065); and (3) Jones v. SCAC (18- 972679...

Excerpt: ...of discovery and four distinct defendants in addition to requests for relief which were not the subject of the motion, i.e. depositions. In the future, the Court directs counsel to segregate each discovery request as it pertains to each defendant, and file appropriate motions. The Court will not entertain future motions which do not comply with this requirement. Motions seeking discovery responses in which no response has been received is a separ...

Excerpt: ...o Form Interrogatory Nos. 9.1 and 9.2, if not already provided, and pay monetary sanctions in the amount of $1,360.00 within (30) calendar days. Based on the meet and confer correspondence between counsel, it appears that Defendants' failure to timely comply with the Court's May 21, 2018 Order was not willful, but caused by defense counsel's oversight and/or unavailability. Specifically, on June 25, 2018, defense counsel advised Plaintiffs' couns...

Excerpt: ...months after entry of default and on the last day by which Defendants could seek to have default vacated. Defendant concedes he returned to the United States in December of 2017. (See ¶3 of Myong Declaration). Thereafter, Defendant merely indicates he was “trying to catch up on [his] affairs.” (See ¶4 of Myong Declaration). Additionally, while Defendant claims to have been unaware of this action, stating that service of an unrelated matter ...

Excerpt: ... timely filed by Plaintiff, and therefore the First Amended Complaint ceases to perform any function as a pleading. Defendant's Motion for Judgment on the Pleadings as to the First Amended Complaint is therefore MOOT. Defendant is ordered to file and serve an Answer within the next 10 (ten) days. Prevailing party to give notice. ...

Excerpt: ...to support this cause of action. In the event, plaintiff does not amend within 15 days, defendants are ordered to file and serve their Answer to the first amended complaint. 2.Motion to Strike MOOT in light of the court's ruling on demurrer. Plaintiff to give notice as to both motions. ...

Excerpt: ...action arises from protected activity and that the facts of this case do not deal with conduct that is “illegal as a matter of law.” Plaintiffs have not demonstrated under the second prong of the analysis that their cause of action for attempted extortion is both legally sufficient and supported by a prima facie showing of facts that they will prevail on the merits. Plaintiff never paid any money to Defendants to prevail under Penal Code §51...

Excerpt: ...arties are ordered to meet and confer regarding the same and file a Joint Statement, which identifies any documents in dispute and the basis of the disagreement, no later than August 14, 2018. This Joint Statement should provide the Court with sufficient information to resolve the issue of law or, at the least, to determine whether there exist questions of fact. (See Palmer v. Superior Court (2014) 231 Cal.App.4 th 1214, 1235). Moving party to gi...