Excerpt: ... The right to arbitration depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4 th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessar...

Excerpt: ... no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Cal. Civ. Proc. Code § 437c(p)(1). Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. Id. In her second and third causes of action, Acevedo alleges that (i) Defe...

Excerpt: ... Plaintiff Brian M. Sax's Motion to Compel Responses to Form Interrogatories (Set One) Plaintiff Brian M. Sax moves to compel responses to his Form Interrogatories (Set One) from Defendants Convergence Wireless, Inc., Timothy L. Hirou, Nora R. Hirou, Aaron T. Hirou, Hannah N. Hirou, Judy Hirou, Jacob Zepeda, Enrique Zepeda, Otilia Zepeda and Ana Zepeda Boddeker. For the following reasons, Plaintiff Brian M. Sax's unopposed motion is granted. Due ...

Excerpt: ... Inc. seeks the production of ten categories of documents. For the following reasons, Defendants' motion is denied. Defendants did not file a separate statement in support of their motion. California Rule of Court 3.1345(a) requires a separate statement for “[a]ny motion involving the content of a discovery request or the responses to such a request,” including a motion to quash the production of documents. Defendants did not address this arg...

Excerpt: ... Lane, Huntington Beach, California 92649-1308. A “proof of delivery” filed with the court on November 27, 2019 purports to show service on Defendant Nicole Bermensolo by substitute service on Danielle Bermensolo, who is identified as “sister/occupant,” on October 22, 2019 at 6510 Ocean Crest Drive, Apt. 301, Rancho Palos Verdes, California 90275-5403. California Corporations Code § 17701.16 governs service on limited liability companies...

Excerpt: ...intiff has the initial burden of demonstrating, by a preponderance of the evidence, facts justifying the exercise of jurisdiction. Ziller Electronics Lab GmbH v. Superior Ct. (1988) 206 Cal.App.3d 1222, 1232-33; Sacramento Suncreek Apts., LLC v. Cambridge Advantaged Props. II, L.P. (2010) 187 Cal.App.4 th 1, 9. The plaintiff must do more than allege jurisdictional facts; the plaintiff must provide affidavits and other authenticated documents that...

Excerpt: .... Ex. 2 (4:21-22). Deposition Topic No. 2: Granted in part and denied in part. Defendant is ordered to produce a witness to address all Technical Service Bulletins, if any, applicable to the alleged defect(s) in the Subject Vehicle, including those superseded. Defendant has not provided any evidence substantiating its attorney-client privilege, attorney work product, or trade secret objections. Deposition Topic No. 3: Granted in part and denied i...

Excerpt: ...nt bears the burden of persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff's claim. It may do this by demonstrating the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. Cal. Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51. If a defendant does not ...

Excerpt: ...ce to the adverse party, allow, upon any terms as may be just, an amendment to any pleading . . . .” The court's discretion will usually be exercised liberally to permit amendment of the pleadings. Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. Id. Plaintiffs seek to add Defendants Jason Godoy and Coldwell Bank...

Excerpt: ...es 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts th...

Excerpt: ...ruth 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reas...

Excerpt: ...he factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reasonably in...

Excerpt: ... may include, but is not limited to, a direction that “a trade secret or other confidential research, development, or commercial information not be disclosed, or be disclosed only to specified persons or only in a specified way.” Id. § 2031.060(b)(5). Plaintiffs seek a blanket protective order governing documents and information to be produced in discovery in this case. Plaintiffs argue that Defendant's discovery requests seek commercially-s...

Excerpt: ...um equal to the aggregate amount of costs and expenses, “including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Cal. Civ. Code § 1794(d). The plain wording of the statute requires the trial court to base the fee award on actual time expended on the case, as long as such fees are reasonably incurred – ...

Excerpt: ...dant's insurance carrier agreed to defend the case under a reservation of rights and filed an answer on Defendant's behalf. Defendant's counsel states that “all efforts to locate Defendant and obtain his cooperation and participation in this litigation have been unsuccessful,” including internet database research and the retention of process servers and a private investigator. Goldman Decl. ¶ 5. The court in Brigante v. Huang (1993) 20 Cal.A...

Excerpt: ...uction of documents. Cal. Civ. Proc. Code § 1987.1(a), (b). The court “may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” Id. § 1987.1(a). The subpoena seeks a broad category of documents related to any alleged assault, battery, robbery, violent crime, murder, sexual crime, or any other behavior that allegedly...

Excerpt: ...ne 20, 2017, more than two years ago. The court file does not reflect that the case has ever been scheduled for trial. The case was assigned to this department on July 10, 2019. On May 30, 2019, Plaintiff named D. Scott Abernethy as a Doe Defendant. Plaintiff named two additional Doe Defendants on June 19, 2019. The court file does not reflect that Plaintiff has served either of the Defendants Plaintiff added on June 19, 2019. Plaintiff is ordere...

Excerpt: ...) and 1194(a). (Plaintiff also claims entitlement to attorneys' fees pursuant to California Civil Procedure Code § 998, but provides no argument in support of this contention.) Defendants do not challenge Plaintiff's entitlement to an attorneys' fees award pursuant to sections 226(h) and 1194(a). Plaintiff also argue that her section 226 wage statement claim and her section 1194 overtime claim were inextricably intertwined with her other causes ...

Excerpt: ...eading, 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless...

Excerpt: ...es 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. Cal. Civ. Proc. Code § 664.6. Defendants contends that Plaintiffs and Defendants entered into a valid and binding written settlement agreement that Defendants are entitled to enforce pursuant to section 664.6. In ruling on a motion to enter judgment pursu...

Excerpt: .... For the following reasons, Defendants' motion is granted in part and denied in part, subject to the court's comments below regarding the status of Plaintiff Benex, LLC. Defendants' motion to compel Plaintiffs to arbitrate is granted. Plaintiffs agree the case should be arbitrated and have already initiated an arbitration at JAMS. Mason Decl. ¶ 2. Plaintiffs and Defendants also agree that this case should be stayed pending completion of the arb...

Excerpt: ...ance of the evidence to negate the plaintiff's claim. It may do this by demonstrating the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. Cal. Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51. If a defendant does not meet this initial burden, the plaintiff need not oppose the motion a...

Excerpt: ...egal 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not b...

Excerpt: ...entation), fourth (negligent misrepresentation), and fifth (negligent infliction of emotional distress) causes of action in Plaintiff's Second Amended Complaint. For the following reasons, Defendants' motion is denied. A defendant seeking summary judgment bears the burden of persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff's claim. It may do this by demonstrating the claim has no merit, that the plaintiff ...

Excerpt: ...of fact contained in the complaint. 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. ...