Excerpt: ...s that the notice of motion must state the grounds for the order being sought and courts generally may consider only the grounds stated in the notice of motion. (Kinda v. Carpenter (2016) 247 Cal.App.4th 1268, 1277.) The purpose of the notice requirements is to cause the moving party to sufficiently define the issues for the information and attention of the adverse party and the court. (Id.) Garcia's notice of motion only states that Garcia's “...

Excerpt: ...chose not to respond to the Petition. (ROA 21) Legal Standard “The Mandatory Fee Arbitration Act (MFAA), under Business and Professions Code section 6200 et seq., provides a quick and inexpensive method for clients, at their option, to resolve fee disputes with their attorneys.” (Law Offices of Dixon R. Howell v. Valley (2005) 129 Cal.App.4th 1076, 1083; Bus. & Prof. Code, § 6200, subd. (c) [“Unless the client has agreed in writing to arbi...

Excerpt: ...other court of record in the U.S.) Legal Standard Health and Safety Code section 17980.7(c) allows the enforcement agency to obtain the appointment of a receiver to take control of the property and to correct the violations. Specifically, it provides: “(c) The enforcement agency ... may seek and the court may order, the appointment of a receiver for the substandard building pursuant to this subdivision. (1) In appointing a receiver, the court s...

Excerpt: ... at issue, nor do they set forth the text of each request. “A motion to quash provides the trial court with the opportunity to determine whether documents should be produced pursuant to the underlying subpoena.” (In re R.R. (2010) 187 Cal.App.4th 1264, 1277, emphasis added.) The Court can hardly be called upon to quash “underlying subpoenas” that were not made a part of the record. In any event, the motions describe the subpoenas as reque...

Excerpt: ...enants, Conditions and Restrictions (“Declaration”). (Petition, ¶3, Exs. A, B, and C.) The annual membership meeting is required to be held annually within thirty (30) days of the date in which fifty-one percent (51%) of the Lots were originally sold or within six (6) months after the sale of the first Lot, whichever occurred first. (Petition, ¶5, Bylaws Article IV, section 2.) Pursuant to Bylaw Article IV, section 6, the quorum for annual ...

Excerpt: ...ntiff has the initial burden of demonstrating facts justifying the exercise of jurisdiction.” (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4 th 434, 449). “The plaintiff must provide specific evidentiary facts, through affidavits and other authenticated documents, sufficient to allow the court to independently conclude whether jurisdiction is appropriate. The plaintiff cannot rely on allegations in an unverified complaint or vag...

Excerpt: ...aniel Park. “Disobedience of any lawful judgment, order, or process of the court” is contempt of the authority of the court. (Code Civ. Proc., § 1209, subd. (a)(5).) “The substantive issues involved in a contempt proceeding are (1) the rendition of a valid order, (2) actual knowledge of the order, (3) ability to comply, and (4) willful disobedience.” (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784.) “A contempt proceeding [for i...

Excerpt: ...However, the court was not previously given the language of the Policy in order to determine whether the policy contains a method for appointing an arbitrator. Federal Insurance has now provided the relevant language. (ROA 51) The court confirms that it provides no method for selecting an arbitrator. CCP §1281.6 says that “If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek...

Excerpt: ... However, the Court denies the motion as to documents in categories nos. 2, 3, 5, 6, 11, 15, 19, 20 and 33 Judgement Debtor (Liveyon Labs, Inc.) has not responded to the motion. However, the JDE witness, Roya Panah has opposed the motion asserting primarily the Fifth Amendment privilege against self-incrimination. Panah also raises a procedural challenge asserting the motion “is improper and defective because [Judgment Debtor] has been forfeite...

Excerpt: ...en acted upon by the board, or has been deemed to have been rejected by the board…” Additionally, pursuant to Government Code §911.2(a), a claim for death or personal injury shall be presented “not later than six months after the accrual of the cause of action.” When a claim that is required by Government Code §911.2 to be presented not later than six months after the accrual of the cause of action is not presented within that time, a w...

Excerpt: ... effective decision making by the court, the parties, and counsel.” (Cal. Rules of Ct., Rule 3.400(a).) “With or without a hearing, the court may decide on its own motion, or on a noticed motion by any party, that a civil action is a complex case or that an action previously declared to be a complex case is not a complex case.” (Cal. Rules of Ct., Rule 3.403(b).) Rule 3.400(b) provides: In deciding whether an action is a complex case under ...

Excerpt: ...ty and has been acted upon by the board, or has been deemed to have been rejected by the board…” Additionally, pursuant to Government Code §911.2(a), a claim for death or personal injury shall be presented “not later than six months after the accrual of the cause of action.” When a claim that is required by Government Code §911.2 to be presented not later than six months after the accrual of the cause of action is not presented within t...

Excerpt: ...C and entered into a written agreement to dissolve and wind-up Petitioner. After filing the Certificate, Petitioner discovered Petitioner would be responsible for $26,250 in documentary transfer taxes. Petitioner's members now request Petitioner be reinstated. Government Code section 12261 provides as follows: (a) The Secretary of State shall reinstate to active status on its records, a business entity for which a court finds any of the following...

Excerpt: ...ain language states that, if an anti-SLAPP motion is frivolous, then ‘the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” (Changsha Metro Group Co., Ltd. v. Peng Xufeng (2020) 57 Cal.App.5 th 1, 8). “Thus, the procedure of section 128.5 controls the award of attorney's fees for a frivolous anti-SLAPP motion.” (Id.). Similarly, the reference to C.C.P. §128.5 requi...

Excerpt: ...ook title to the Property on July 9, 2012 and the Grant Deed was recorded in the Official Records of Orange County on July 27, 2012, as Document Number: 2012000429418 (Orey Decl., 16, Ex. B.) The CC&Rs were recorded in 1982. (Orey Decl., Ex. A.) Pursuant to Article IX, Sections 9.08, 9.25, and 9.26, of the CC&Rs, Respondent became obligated to pay periodic assessments to the Petitioner as of that date. (Orey Decl., ¶5, Ex. A.) Beginning on or ab...

Excerpt: ...uit against a public entity.... [A] plaintiff must timely [present] a claim for money or damages [to] the public entity. (§ 911.2.) The failure to do so bars the plaintiff from bringing suit against that entity. (§ 945.4.)” [Citation.] ... [¶] ‘Claims for personal injury must be presented not later than six months after the accrual of the cause of action .... (§ 911.2, subd. (a).) ... [¶] ...' [¶] ... However, ‘if the injured party fa...

Excerpt: ...sq. and Demerie Edington CMCA, although referenced is both declarations. Further, the Petition and accompanying Application ask for an order to serve the Notice of Default and notice of the Association's vote to foreclose pursuant to Civil Code section 5705(d) by publication. However, the court is missing documents not referenced or included with the briefing. The first step in a residential common interest development's association imposing a li...

Excerpt: ...PM for submission of further evidence demonstrating the timely filing of the disputed claim. Generally, the Government Claims Act (Gov. Code, § 810, et seq.) provides that no suit for money or damages may be brought against a local public entity until a written claim asserting the cause of action has been presented to the public entity and has been rejected or deemed rejected by it. (Gov. Code, §§ 905, 945.4.) The purpose of the Government Cla...

Excerpt: ... two prior orders of this Court to provide requested discovery. The most recent order was issued on 9/16/2021 and warned that a subsequent failure to comply with that order to respond might result in a dismissal of the Claim and hence forfeiture of the funds in question (approximately $1482). The instant motion was initially heard on 1/13/22 and continued because Petitioner did not sufficiently demonstrate service upon Claimant of the 9/16/2021 n...

Excerpt: ...its jurisdiction into effect. [CCP § 187.] “As a general rule, ‘a court may amend its judgment at any time so that the judgment will properly designate the real defendants.'....” (Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 508.) Usually, such amendments are: (1) to add a nonparty alter ego as a judgment debtor (see Tokio Marine & Fire Ins. Corp. v. Western Pac. Roofing Corp. (1999) 75 Cal.App.4th 110, 116; Hall, Goodhue, Haisley & ...

Excerpt: ...nhome Owners Ass'n, Inc. (2001) 89 Cal.App.4th 746, 752.) To utilize this “equitable” procedure, the court must find that “the new party must be the alter ego of the old party,” and, “in order to satisfy due process concerns, the new party must have controlled the litigation.” (Cal. Civ. Prac. Business Litigation § 5:29, citations omitted; McClellan v. Northridge Park Townhome Owners Ass'n, Inc. (2001) 89 Cal.App.4th 746, 752 [“Suc...

Excerpt: ...operty or personal property worth more than $25,000 is subject to a judicial forfeiture proceeding. Under judicial forfeiture procedure, the attorney general or a district attorney may file a petition for forfeiture of property: (1) in the superior court of the county where the defendant has been charged with the underlying offense; (2) in the county where the property subject to forfeiture has been seized; or (3) if no seizure has occurred, in t...

Excerpt: ...e CC&Rs: “The Declarant ... and each Owner of a Lot or Condominium, by acceptance of a deed therefore ... is deemed to covenant and agree to pay to the Master Association the following Assessments which are levied by the Master Association against such Owner's Lot or Condominium: . . . shall also be the personal debt of the Owner of such property at the time when the Assessment became due.” Beginning on or about September 15, 2019 Respondent ...

Excerpt: ...ing to counsel's declaration, the defendant has been notified of Plaintiff's intent to seek to have the complaint reinstated and does not object. The question is, however, whether the court has the power to grant the relief requested under Code Civ. Proc. § 473 where the court clerk has voided the complaint's filing for failure to make timely payment. In two cases, the California Supreme Court and a court of appeal have found that when the court...

Excerpt: ...the verified Petition in this case because she was merely practicing as a paralegal and not an attorney. She offers no evidence whatsoever to support this conclusion and fails to challenge the significant evidence provided by the Interim Chief Trial Counsel of the State Bar of California. Business & Professions Code § 6125 prohibits any one from practicing law in CA unless the person is an active member of the California State Bar. Giving legal ...

Excerpt: ... she obtained against Tiger Loans, and requests this amount be included an amended judgment against Tiger Loans. “The statutes and rules distinctly address three different types of costs and fees: prejudgment costs, including attorney fees where authorized by contract, statute or law (§ 1033.5, subd. (a)(10)), are recovered through procedures established under section 1034, subdivision (a) and rules 3.1700 and 3.1702(b); appellate costs and fe...

Excerpt: ...0 et seq.), a money judgment obtained in another state may be filed with a California court and a California judgment immediately entered thereon. The judgment so obtained is fully enforceable in California (subject generally to a 30-day stay after service of notice of entry on the judgment debtor. (Conseco Marketing, LLC v. IFA & Ins. Services, Inc., (2013) 221 Cal. App. 4th 831, 837- 838—SSMJA provides expeditious and economical registration ...

Excerpt: ...re section 2031.320, subdivision (a), if a party filing a response to a demand for inspection, coping, testing, or sampling fails to permit the inspection, copying, testing, or sampling in accordance with that party's statement of compliance, the demanding party may move for an order compelling compliance. There is no fixed time limit on a motion to compel compliance as agreed. Standon Co., Inc. v. Superior Court (1990) 225 Cal.App.3d 898, 903; s...

Excerpt: ... file a Proof of Service which demonstrates compliance with this provision; however, Respondent has appeared in this action and opposed the Petition on other than jurisdictional grounds. (Fireman's Fund Ins. Co. v. Sparks Construction, Inc. (2004) 114 Cal.App.4 th 1135, 1145). “A general appearance by a party is equivalent to personal service of summons on such party.” (Id.). “A general appearance operates as a consent to jurisdiction of th...

Excerpt: ... Trust Dated April 26, 2019. On February 25, 2021, the City issued the Notice to Abate pursuant to Health and Safety Code section 17980.6. (Code Decl., ¶¶ 20-22; Decl. of L. Moy, Ex. 2.) The Notice to Abate specifies the following thirty (30) violations of law that exist at the Subject Property. Since the issuance of the Notice to Abate, the Owner has failed to take any significant action to remedy any of the thirty (30) violations or health an...

Excerpt: ..., which “is a comprehensive scheme defining and setting penalties for crimes involving controlled substances.” (Ramirez v. Tulare County Dist. Attorney's Office (2017) 9 Cal.App.5 th 911, 925 (Ramirez).) The purpose of the forfeiture statutes is to remove the tools and profits from those engaged in the illicit drug trade. (Id.) The statutory procedures for forfeiture are set forth in Health & Safety Code sections 11488.4 and 11488.5, which pr...

Excerpt: ...aring. As explained by the Court in Lambert v. Superior Court (1991) 228 Cal.App.3 rd 383, an “owner need not wait until the claimant sues to enforce the lien; the imposition of that lien, and the owner's denial of its validity, comprise a controversy sufficient to permit an immediate suit for declaratory relief.” (Id. at 386). “Such a declaratory relief action can claim priority on the calendar of the trial court.” (Id.). “Thus by fili...

Excerpt: ...ourt has exclusive jurisdiction to resolve discovery disputes. (Insurance Code § 11580.2(f); Miranda v. 21st Century Ins. Co. (2004) 117 Cal. App. 4th 913, 920–921.) Here, Respondent has met all procedural requirements for this Motion. Respondent has been attempting to depose Dr. Whitaker since 2015, with recent efforts in 2020 by videoconference because of Covid-19. When Dr. Whitaker did finally respond on October 27, 2020, he agreed to volun...

Excerpt: ...concert with an ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of acts constituting the enjoined public nuisance, having a common name or common identifying sign or symbol and whose members individually or collectively engage in the acts constituting the enjoined public nuisance. The participation or acting in concert must be more than nominal...

Excerpt: ...Record (2008) 162 CA4th 431, 450 (citing text.)]. Here, Swift Financial, LLC has filed a Complaint for this relief. However, the court will construe the Complaint (the first cause of action) as a petition to confirm the arbitration award because there is no prejudice to Defendants/Respondents BaDa International Inc. dba Simply Pure American and dba Simply Pure USA and dba Chung Ho USA, and Edward Park. (See Landis v. Pinkertons, Inc. (2004) 122 C...

Excerpt: ...er Directing the Clerk to Enter Renewal of Judgment Judgment Creditor asks the court for a nunc pro tunc order renewing the Judgement, originally entered on 8/9/10, pursuant to the renewal application submitted on 10/15/20, which was rejected by the Clerk on or about 11/4/20. Judgment Creditor argues that Governor Gavin Newsom issued Executive Order N-33-20 (the “Stay at Home Order”) on March 19, 2020 which prompted the total and complete cou...

Excerpt: ...opy of the findings and order, decision, or award of the appeals board with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity therewith…” The Court lacks jurisdiction to grant Petitioners' request under the foregoing, because Petitioners are requesting different relief from that provided for in the Workers Compensation award. Specifically, the award was made against only Respondent...

Excerpt: ...the parties (the “Motion”) is GRANTED, in part, DENIED, in part, as follows. Pursuant to CRC Rule 3.400, a case can be designated as complex if it meets one of more of the following factors: (1) Numerous pretrial motions raising difficult or novel legal issues that will be time- consuming to resolve; (2) Management of a large number of witnesses or a substantial amount of documentary evidence; (3) Management of a large number of separately re...

Excerpt: ...itration agreement. Subsequently, the instant petition was filed, whereby Petitioner now moves to compel arbitration, and requests that the Court enter an order declaring that Petitioner is a “consumer,” as is defined by Code Civ. Proc., § 1280(c), that the arbitration shall be administered as a “consumer arbitration,” and that JAMS administer the arbitration pursuant to its Rules. The problem is that Respondents did not consent to arbit...

Excerpt: ...n remained. The court granted summary judgment in favor of Defendant on 2/13/20, (ROA 165), and entered Judgment accordingly on or about 3/19/20, (ROA 177). By this motion, Defendant requests an award of $192,263 in attorneys' fees, as the prevailing party under an agreement with an attorneys' fees provision. Attorneys' fees are allowed as costs to the prevailing party when authorized by contract, statute, or law. (Code Civ. Proc. § 1033.5, subd...

Excerpt: ...ed an alter ego to be valid against that alleged alter ego, the Court must have jurisdiction over that party. Milrot v. Stamper Medical Corp. (1996) 44 Cal.App.4th 182, 186. “Normally jurisdiction is acquired by service.” Id. When a new party is added after judgment, due process requires that this party be given opportunity to contest liability before judgment is entered against it. Cal. Judges Benchbook Civ. Proc. After Trial § 3.93, citing...

Excerpt: ... foundation, hearsay, improper expert opinion, and irrelevant testimony. The court grants Defendant's unopposed Request for Judicial Notice. “Anti-SLAPP motions are evaluated through a two-step process. Initially, the moving defendant bears the burden of establishing that the challenged allegations or claims ‘aris[e] from' protected activity in which the defendant has engaged. [Citations.] If the defendant carries its burden, the plaintiff mu...

Excerpt: ...pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek v. Cooper (2011) 194 Cal.App.4th 399, 413.) On demurrer, a complaint must be liberally...

Excerpt: ...s an initial matter, the Court notes Plannet did not submit a proof of service showing this motion was properly served on all parties. “Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” Cal. Rules of Ct., Rule 3.1300(c). On 5/7/2020, the Court served a notice of continuance for this hearing. Howard served and filed a timely opposition without disputing service of the ...

Excerpt: ...§ 2023.010(d). So, too, is disobeying a court order to provide discovery. Id., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal. App. 4 th 1495, 1516. The moving party need only show the failure to obey the court's earlier discovery orders. Thereafter, the burden of proof shifts to the party seeking to avoid sanctions to establish a satisfactory excuse for his or her conduct. Corns v. Miller (1986) 181 Cal. App. 3d 195, 201; Puritan Ins. Co. v. S...

Excerpt: ... seeks an order quashing two deposition subpoenas served by Plaintiff on Bank of America, N.A. and Pacific Premiere Bank, and monetary sanctions in the amount of $3,560 against Plaintiff and its attorneys of record, jointly and severally. These motions were continued from 7/23/2020 to allow Plaintiff to show the five subpoenas were properly issued and to also allow the parties to meet and confer regarding the scope of the subpoenas. The parties s...

Excerpt: ...enal Code and Intentional Interference with Prospective Economic Advantage, respectively. As an initial matter, the court does not find the FAC to be uncertain. This is true for all of the Moving Defendants. A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond—i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are direct...

Excerpt: ... motion. The “completed and accepted doctrine” provides that when a contractor's work has been completed and accepted by the property owner, the contractor is no longer liable to 3 rd parties for injuries that may occur as a result of the condition of the work, even if the contract was negligent in carrying out the contract. Jones v. P.S. Development Co. Inc. (2008) 166 Cal. App. 4 th 707, 717 (disapproved on other grounds, Reid v. Google, In...

Excerpt: ...c. § 438(c)(1)(B)(ii). As in with a demurrer, the grounds for judgment on the pleadings must appear on the face of the complaint or be based on facts that the court may judicially notice. Code Civ. Proc. § 438(d). Extrinsic matters may not be considered; the pleading under attack must be accepted as true. Id. Cal. Prac. Guide, Civ. Proc. before Trial (Rutter 2013) 7:322. 1st cause of action for breach of contract “A cause of action for breach...

Excerpt: ...ed to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complain...

Excerpt: ...equesting production in connection with this deposition). Plaintiffs may renew this motion after the deposition, with a separate statement and a record of (i) what Sunbelt has and has not produced and (ii) meet and confer attempts for the specific requests. Plaintiffs are awarded monetary sanctions of $7,785.00. The court declines to award greater sanctions at this time as does not appear that lesser sanctions will be futile. Should they prove to...

Excerpt: ... asserting it was untimely filed. Plaintiff cites no authority which addresses the timing of such Motions. Nonetheless, the Court finds the Motion was reasonably brought, within a month and a half of Defendants' Answer and prior to any significant litigation in this action. (Global financial Distributors Inc. v. Superior Court (2019) 35 Cal.App.5 th 179, 192-193). Additionally, Maryland is a suitable forum for this action, given Defendants' conse...

Excerpt: ...panish, was provided to the Plaintiff. Plaintiff signed the agreement. (Mercado Decl. at ¶¶ 4, 5, Exhs. A, B.) The agreement is governed by the Federal Arbitration Act and is broadly-worded to apply “to any dispute arising from or relating to the Employee's [] application for employment, employment, or termination of employment.” (Taylor Decl. at p. 3.) At the outset, the Court notes that Defendant's objection to the entirety of Plaintiff's...

Excerpt: ...e defective. The proof of service for the motion was filed on December 6, 2019, but it was dated and executed on December 8, 2019. (ROA 67.) The proof of service for the declaration accompanying the motion was also filed on December 6, 2019 but dated and executed on December 9, 2019. (ROA 68.) These are not sufficient proofs of service. The proof of service could not possibly have been executed on 12/8/19 or 12/9/19. Nor could the declarant truth...

Excerpt: ...equest, or receive, the Court's permission to exceed the page limit. Cal. R. Ct. Rule 3.1113(e). Additionally, the Court declines to rule on Defendants' objections to Plaintiff's evidence, as they are not dispositive of the ruling on the motion. Merits Plaintiff brings three causes of action against Defendants, including: (1) retaliation (Labor Code § 1102.5); (2) wrongful termination in violation of public policy; and (3) unfair business practi...

Excerpt: ... the FAC alleges Connie and Lisa made sexual comments “almost daily” but stops short of alleging those comments continued “almost daily” from 2012 up until the date Plaintiff resigned in 2019. The court does not read the FAC in such a limiting way. The FAC, at a minimum, implies that the harassing conduct continued. The continuing violation doctrine may be implicated as well. The Court “will not sustain a demurrer unless the basis for t...

Excerpt: ...es: (1) what application was previously made; (2) when and to what judge; (3) what order was made; and (4) what new or different facts, circumstances or law are claimed to be shown. Code Civ. Proc. § 1008(a). A party seeking reconsideration also must provide a satisfactory explanation for the failure to produce the evidence at an earlier time. New York Times Co. v. Superior Court (2005) 135 Cal. App. 4th 206, 213. Separately, Code Civ. Proc. § ...

Excerpt: ...t's disposition of the motion. In order to move for summary adjudication, the party moving must specify in its notice of motion and motion the claim, causes of action, or issues it is moving on. CRC 3.1350. The court has no power to adjudicate others. Maryland Cas. Co. v. Reeder (1990) 221 Cal. App. 3d 961, 974 n. 4; Homestead Savings v. Superior Court (1986) 179 Cal. App. 3d 494, 498. The noticed issues for summary adjudication must then be stat...

Excerpt: ...ged. (Code Civ. Proc., § 426.15(e) [defining protected activity]; Simpson Strong-Tie Co., Inc. v. Gore (2010) 49 Cal.4th 12, 21; Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 66–67.) If the defendant carries its burden, the plaintiff must then demonstrate its claims have at least “minimal merit.” (Navellier v. Sletten (2002) 29 Cal.4th 82, 89; Baral v. Schnitt (2016) 1 Cal.5th 376, 384.) Plaintiff alleges a number of cl...

Excerpt: ...he reasons set forth below. DEF Equaltox, LLC, Cranford L. Scott, MD and Cranford L. Scott, MD, Inc. 2. Motion to Strike Defendants Equaltox, LLC, erroneously sued as Equaltox, Inc., Cranford L. Scott, MD, Cranford L. Scott, MD, Inc., and Smensa seek an order striking paragraphs 53, 60, 68, 84, and 91 from the TAC and paragraph 6 from the prayer in the TAC. Defendants contend Plaintiffs have not shown they are entitled to attorney's fees pursuant...

Excerpt: ...efendant's second supplemental responses to the interrogatories. Pursuant to Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409, it is within the Court's discretion as to whether to provide a ruling on the motion based on the further responses. Given the time and effort that has been put into the briefings and recent meet and confer efforts by the parties, the Court exercises its discretion and p...

Excerpt: ...cation for an order sealing the record. The motion or application “must” be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” Cal. R. Ct. Rule 2.551(b)(1). The court may order that a record be filed under seal only if it expressly finds facts that establish that: there exists an overriding interest that overcomes the right of public access to the record; the overriding interest supports seali...

Excerpt: ...the trial for this case was continued roughly 30 days before it was to commence. But for this fortuitous continuance, this case would have proceeded to trial without the corporate defendant who would have likely been dismissed at the inception. Court also notes that $250 sanction remains unpaid and outstanding against Plaintiff's counsel for failure to appear at the MSC. The Court orders this sanction paid within 10 days. Court is inclined to dis...

Excerpt: ... Code Civ. Proc. § 2032.320(a). “Good cause” generally means there is a showing of both “relevancy to the subject matter” and “specific facts justifying discovery.” Cal. Prac. Guide Civ. Pro. Before Trial at ¶ 8:1557 (original emphasis) (citing Vinson v. Superior Court (1987) 43 Cal.3d 833, 840). Here, moving defendants have shown “good cause” for an order for leave to take a neuropsychological examination of plaintiff. Plaintif...

Excerpt: ...g on. CRC 3.1350. The court has no power to adjudicate others. Maryland Cas. Co. v. Reeder (1990) 221 Cal. App. 3d 961, 974 n. 4; Homestead Savings v. Superior Court (1986) 179 Cal. App. 3d 494, 498. The noticed issues for summary adjudication must then be stated, verbatim, in the separate statement. CRC 3.1350(b). The court did not consider new evidence submitted on reply. Generally speaking, new evidence may not be submitted on reply in support...

Excerpt: ...ontractor, to install the fire sprinkler system for the tower. (See SSUF No. 2). Further, it is undisputed that Plaintiff “only took directions regarding his work on the Project including safety protocols, directly from his supervisor at APEX, Paul.” (See SSUF No. 13). It is similarly undisputed that “[m]oving defendants were not the employers of Plaintiff Losey [and] [m]oving defendants had no part in training, equipping or directing the m...

Excerpt: .... Ninth cause of action – Derivative – Conversion; 7. Tenth cause of action - Derivative – Declaratory Relief; 8. Eleventh cause of action – Derivative – Unjust Enrichment; and 9. Twelfth cause of action – Derivative – Constructive Trust. The demurrer by SC&P is sustained in full with 20 days leave to amend. The demurrer by Park is overruled as to the 7 th cause of action for fraud, and sustained with 20 days leave to amend as to th...

Excerpt: ... under section 391.7 is granted. Defendant's request for Plaintiff to furnish security under section 391.3 is denied. Defendant's request for judicial notice of Exhibits B through S is denied, because the copies of these exhibits filed by Defendant are illegible. Evid. Code § 453(b). However, the Court exercises its discretion to take judicial notices of the matters specified therein, i.e., the dockets sheets from this Court, in ruling on this m...

Excerpt: ...ard prejudgment interest in all noncontract cases “and in every case of oppression, fraud or malice” … hence in all unliquidated tort actions. This has been characterized as a “necessary element of compensatory damages to insure a plaintiff is made whole” and hence part of plaintiff's “actual damages”; it represents the accretion of wealth that money or particular property could have produced during a period of loss (between the tim...

Excerpt: ... the CDC's website about preventing construction falls. The court overrules Plaintiffs' objection nos. 1-29 to RDO's evidence. The court sustains objection nos. 1, 2, 4-7, 9-18 to the Declaration of Brad Avrit and overrules objection nos. 3, 8, The Privette v. Superior Court (1993) 5 Cal.4th 689 line of cases modifies the general tort rules under Civil Code section 1714. Plaintiffs' argument that a duty of care exists under Biakanja v. Irving (19...

Excerpt: ...event involves an additional egregious component— ‘oppression, fraud, or malice.' (Civ.Code, § 3294, subd. (a).)” College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 712. “[T]he Legislature has made it more difficult for plaintiffs to plead and prove such claims,” (id. at p. 712) including by amending section 3294 in 1987 “by increasing the plaintiff's burden of proving punitive damages at trial to ‘clear and convincing ...

Excerpt: ...larly, Objection No. 2 to the Declaration of Michael Overturf is SUSTAINED, for lack of foundation. Mr. Melendes offers insufficient foundation to testify to the conduct of all Maranatha employees, at the Del Amo Project site: While Mr. Melendes declares he is the “individual principally involved on behalf of Maranatha….regarding the Del Amo Motorsports project,” as noted by Plaintiff, he does not declare that he managed the work performed,...

Excerpt: ...., goods sold, work done, etc., and (3) nonpayment.'” Farmers Insurance Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460. To state a cause of action for money had and received, Plaintiff must allege Defendants “are indebted to the plaintiff in a certain sum ‘for money had and received by the defendant for the use of the plaintiff.'” Id. “Th[e] common count [of money had and received] is available in a great variety of situations and lie...

Excerpt: ... attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek v. Cooper(2011) 194 Ca...

Excerpt: ... 2nd cause of action for unfair business practices The UCL (B&P Code § 17200, et seq.) prohibits “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.” A party only has standing to assert a Section 17200 claim if he or she has (i) “suffered injury in fact,” and (ii) lost money or property as a result of such unfair competition.” (Bus. & Prof. Code § 17204; see also Kwikse...

Excerpt: ...ed section 474 to mean that plaintiff must be not only ignorant of the defendant's identity, but also ignorant of the facts giving rise to a cause of action against that defendant. General Motors Corp. v. Superior Court (1996) 48 Cal.App.4th 580, 593–594. This requirement is satisfied even if plaintiff's lack of knowledge is due to his or her own negligence; “section 474 does not impose upon the plaintiff a duty to go in search of facts she d...

Excerpt: ...e motion must also be accompanied by an affidavit from the moving party that states: (1) what application was previously made; (2) when and to what judge; (3) what order was made; and (4) what new or different facts, circumstances or law are claimed to be shown. Code Civ. Proc. § 1008(a). A party seeking reconsideration also must provide a satisfactory explanation for the failure to produce the evidence at an earlier time. New York Times Co. v. ...

Excerpt: ... of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual.” The purpose of CCP § 526(a)(3) is to preserve the status quo pending litigation. (See, Stockton v. Newman (1957) 148 Cal.App.2d 558, 563.) First, for an injunction to issue, the moving party must establish a likelihood of prevailing on the merits. (See San Francisco Newspaper Printing Co., Inc. v. Superior Court ...

Excerpt: ...71). This privilege should be differentiated from the privilege protecting confidential marital communications. (Evid. Code § 980). The privileges are two entirely separate and distinct privileges. (People v. Dorsey (1975) 46 Cal. App. 3d 706.) Here, the court finds that both apply. Plaintiff argues in Opposition that she discussed the ongoing alleged harassment and hostile work environment with witness Mrs. Hulme as it was occurring. But Mrs. H...

Excerpt: ... Plaintiff's supplemental request for judicial notice filed on 6/7/19 is DENIED. (See Evid. Code § 453 (“trial court shall take judicial notice of any matter specified in Section 452 if a party requests it and [g]ives each adverse party sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare to meet the request.”).) The Court did not consider Plaintiff's reply papers filed on 6/7/19, in r...

Excerpt: ...videntiary sanctions, or instructions to the jury, were to be fashioned. Failing to respond to an authorized method of discovery is a misuse of the discovery process. Code Civ. Proc. § 2023.010(d). So, too, is disobeying a court order to provide discovery. Id., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal. App. 4 th 1495, 1516. Imposition of sanctions for misuse of discovery lies within the trial court's discretion. Doppes v. Bentley Motors, ...

Excerpt: ...ed. The general demurrers to the third cause of action for intentional infliction of emotional distress and fifth cause of action for public nuisance are sustained with 15 days leave to amend. The Court declines to consider Defendant's reply papers, because they were not filed “at least five court days before the hearing,” nor were they served by a method “reasonably calculated to ensure delivery to the other party or parties not later than...

Excerpt: ...e basic needs and comforts of elderly or dependent adults, regardless of their professional standing, to carry out their custodial obligations.” Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal. App. 4th 396, 404, citing Delaney v. Baker (1999) 20 Cal. 4th 23, 34. Thus, when care of an elder is at issue, the statutory definition of neglect speaks not of the undertaking of services, but of the failure to provide care. Covenant Care,...

Excerpt: ...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. (Code Civ. Proc. § 473(a)(1).) California courts generally allow great liberality, at all stages of the proceeding, in permitting the amendment of pleadings in order to resolve cases on their merits. (IMO Development Corp. v. Dow Corning (1982) 135 Cal. App. 3d 451, 461.) This liberality only applies ...

Excerpt: ...rning their home contact information. See County of Los Angeles v. Los Angeles County Employee Relations Com. (2013) 56 Cal.4th 905, 927 (“home contact information is generally considered private” and employees “have a legally protected privacy interest in their home addresses and telephone numbers”). On the other hand, Plaintiff insists he does not intend to initiate improper communication with these employee witnesses (see Cal. R. Ct. R...

Excerpt: ...mmary adjudication. The court will hear from counsel. California courts generally allow great liberality, at all stages of the proceeding, in permitting the amendment of pleadings in order to resolve cases on their merits. IMO Development Corp. v. Dow Corning (1982) 135 Cal. App. 3d 451, 461. This liberality only applies so long as there is no prejudice to the opposing party. Higgins v. Del Faro (1981) 123 Cal. App. 3d 558, 564. If the party seek...

Excerpt: ... his alleged breach of contractual obligations by “misusing confidential information in violation of his legal duties” to Plaintiff. (Compl. at ¶ 3.) Defendant's alleged wrongdoing resulted in Plaintiff losing “at least one deal,” and put Plaintiff at risk “of losing further deals.” (Compl. at ¶ 4.) Although the Plaintiff framed the alleged breaches under the 2018 Offer Letter between the parties, the Court finds that the alleged br...

Excerpt: ...t. It is not clear exactly what is being sought as the notice of motion is to compel responses. However, in combing through all of the documents, it appears that what Plaintiff is actually seeking is an order compelling further responses and Defendant's production of certain documents. CRC, Rule 3.1110(a) states that a “notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the ...

Excerpt: ...s a modification of the court's 1/17/19 order. “[A] motion asking the trial court to decide the same matter previously ruled on is a motion for reconsideration under Code of Civil Procedure section 1008. (Weil et al., Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2011) ¶ 9:324.1, p. 9(I)–124 (rev. # 1, 2011).)” Powell v. County of Orange (2011) 197 Cal. App. 4 th 1573, 1577. When proper grounds are presented, a court ...

Excerpt: ...other policies limiting discoverability. [See, for example, Code Civ. Proc., § 2017.010 (privilege), Code Civ. Proc., § 1985.3 (consumer's right to privacy)]. In addition, deposition subpoenas may be attacked as unjustly burdensome and oppressive. [Code Civ. Proc., § 1987.1]. Plaintiff argues in Opposition that it just wants bank records relating to deposits and disbursements of funds in Sub-Account 900118 only. Thus, Plaintiff agrees to withd...

Excerpt: ...nd all employment records ... including ... employer's personnel file, claim file ... employment file ... a printout of all electronic mail between [Plaintiff] ... and the Employer ... all written evaluations and documents of employment, employment application or contract for services... all employment documents relating to services performed ... pre-employment exam records ... " and " ... customer complaint reports, reprimands, records of discip...

Excerpt: ...rvice. The Court hereby considers the merits of Plaintiff's motions. The Court reminds the parties that litigants who choose to represent themselves must be treated in the same manner as represented parties and must follow the correct rules of procedure. Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984- 985; Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246-1247. A self-represented litigant is not entitled to any greater consideration than other liti...

Excerpt: ...ode Civ. Proc. § 664.6 procedure empowers the judge hearing the motion to determine disputed factual issues that have arisen regarding the settlement agreement. Fiore v. Alvord (1985) 182 Cal. App. 3d 561, 566. The court may interpret the terms of the contract to determine what the parties agreed to. Fiore v. Alvord (1985) 182 Cal. App. 3d 561, 566; Skulnick v. Roberts Express, Inc. (1992) 2 Cal. App. 4th 884, 889. The terms of a contract are de...

Excerpt: ...the case ending in -0447 presents only equitable issues, for which no jury is permitted, and the case ending in -2848 presents legal issues, for which Plaintiff refuses to waive a jury trial. (Opp'n at 1.) Plaintiff, on the other hand, contends that this action, the case ending in -0447, “can and will be heard and decided by a jury.” (Reply at 2-3, citing Thomson v. Thomson (1936) 7 Cal.2d 671, 681.) Although the court is not making a determi...

Excerpt: ...e doctor is an independent contractor as to hospital, it is not liable for his negligence. (Mayers v. Litow (1957) 154 Cal.App.2d 413, 418; Konnoff v. Fraser (1944) 62 Cal.App.2d 788, 791.) Defendant has met its burden to show no vicarious liability for the acts of Co-Defendant Maginot, M.D. Plaintiff files a Notice of Non-Opposition and does not present any disputed material facts. Further, Defendant presents testimony from Brendan J. Carroll M....

Excerpt: ...ard the fees in question. Plaintiff's request for fees mirrors the court's cost order in that Plaintiff seeks all its fees for the deposition in which the court ordered Defendant to cover all costs and Plaintiff seeks half of its fees for the deposition for which the court ordered Defendant to cover half the costs. The court finds Plaintiff's counsel's hourly rate of $610 is reasonable. The court also finds that the time spent on depositions (pre...

Excerpt: ...t is held to “open” defaults only when it makes substantive changes in the claims asserted. For example, increasing the damages demanded. [Leo v. Dunlap (1968) 260 CA2d 24, 27.] Here, Plaintiff's First Amended Complaint changes the amount of damages from $43,546 to $59,201. Thus, the filing of the First Amended Complaint with substantive changes opens the default. There is no filed Proof of Service for the First Amended Complaint. Thus, the c...

Excerpt: ..., the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” The statute defines “malice” to mean “conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others” and oppression to mean “despicable conduct that subject...

Excerpt: ...mination. Code Civ. Proc., § 2032.310(a). A motion to obtain discovery by means of a mental examination must “specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination…and be accompanied by a meet and confer declaration under Section 2016.040.” Code Civ. Proc., § 2032.310(b). “Notice of the motion shall b...

Excerpt: ...s. Parties shall select a date and advise the court at the hearing. Plaintiff's Counsel has agreed to take the deposition in Orange County this time. Defendant is ordered to pay sanctions in the amount of $2,110 within 30 days to compensate Plaintiff for having to seek court intervention. When a deponent refuses to answer a deposition question, the deposing party may continue to examine the deponent regarding other matters, and subsequently move ...