Excerpt: ... or law.” (See Moncharsh v. Heily & Blasé (1992) 3 Cal.4 th 1, 11). The California Supreme Court in Moncharsh acknowledged “a risk that the arbitrator will make a mistake,” but nonetheless asserted “by voluntarily submitting to arbitration, the parties have agreed to bear that risk in return for a quick, inexpensive, and conclusive resolution to their dispute.” (Id.). Judicial review of arbitration awards is limited to the grounds stat...

Excerpt: ...ng Lee, and Hwang Sung Ja filed a notice of stay after Lee petitioned for Chapter 7 bankruptcy petition. The parties should be prepared to discuss whether the matter should proceed while the action is stayed as to Lee. Status Conference re Lee's bankruptcy is set for 1/17/20 at 8:30AM. The Court also notes that Plaintiffs only paid one filing fee. Plaintiffs shall pay an additional filing fee of $60 within 10 days. The Court further notes Plainti...

Excerpt: .... 1 is denied. Any incorporation by reference of matter in the court's file (in the present or any other action) “shall set forth with specificity the exact matter to which reference is being made and shall not incorporate the entire file.” [CCP § 437c(b)(7) (emphasis added).] It is therefore improper to ask the court to judicially notice any entire case file generally. The court grants JJW's Request for Judicial Notice of Ex. A and B. The c...

Excerpt: ...�prevailing party” is the party with a net monetary recovery or for whom judgment is entered, or the party who recovers “greater relief” on the contract claim. Code Civ. Proc. § 1032(a)(4); Civil Code § 1717(b)(1). Section 1033.5(b)(5)(B) expressly provides that attorneys' fees awarded pursuant to Civ. Code § 1717 are allowable costs. Section 1033.5(b)(5)(A) specifically provides that attorneys' fees allowable as costs may be awarded on ...

Excerpt: ...rted representation. Plaintiff alleges Physician violated subsections (a)(5) and (a)(7) of section 1770. The gravamen of Plaintiff's claim is that he was harmed as a result of being discharged without receiving adequate warnings of the potential risks. Although Plaintiff now also alleges (in a somewhat conclusory manner) that he was harmed as a result of Defendants' statements that were intended to and did in fact induce Plaintiff to purchase med...

Excerpt: ...for violation of B&P Code section 17200 and fourth cause of action for violation of HBOR are sustained without leave to amend. The Court grants Defendant's request for judicial notice of certain recorded documents, exhibits A through H. Evid. Code §§ 452(h), 453. However, in taking judicial notice, the Court does not take judicial notice “of the truth of the matters stated therein”; the truthfulness of the contents remain subject to dispute...

Excerpt: ...12, 16-33, 35, 36, 38, 40, 42, 44-46 and OVERRULED as to Nos. 7, 11, 13-15, 34, 37, 39, 41, and 43. 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. 4 th 826, 850.) Where a plaintiff seeks summary judgment, the burden is to produce admissible evidence on each element of a “ca...

Excerpt: ...Sunbelt. The court finds the deponent to be an apex employee and Plaintiffs have not met their burden at this time to show that he has unique or superior personal knowledge of discoverable information. (Liberty Mut. Ins. Co. v Superior Court (1992) 10 CA4th 1282, 1289). DEF/XComplainant/XDEF JLG Industries, Inc. 2. Motion for Summary Judgment and/or Adjudication Defendant JLG Industries, Inc.'s motion for summary judgment or adjudication on the f...

Excerpt: ... (concealment), respectively, in Plaintiff's TAC, which are the subject of Defendants' SLAPP motion, as well as the alter ego status of Defendants. Plaintiff contends Plaintiff previously attempted to take the depositions of Cook and Kohn, but Defendants objected and did not appear, in line with Defendants' history of stonewalling discovery. Plaintiff contends this is just another stall tactic by Defendants. In opposition, Defendants contend disc...

Excerpt: ...able under Evidence Code sections 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.) A special demurrer for uncertainty is strictly construed, even where a com...

Excerpt: ...y valid; (3) the attachment is not sought for any purpose other than securing the creditor's claim; and (4) the amount to be secured by the attachment is greater than zero. (Code Civ. Proc., § 484.090.) Nor has Plaintiff demonstrated that the claim arises out of conduct of trade, business, or profession of Defendants. (Code Civ. Proc. § 483.010, subd. (c).) The Court finds Defendants' evidentiary objections to be well-founded again. This is bec...

Excerpt: ...ank, N.A. As Successor to Bank of American N.A. as Successor by merger to Lasalle Bank, N.A. as Trustee for WAMU Pass-through Certificates Series 2006-AR18 Trust's Demurrer to Plaintiff Alan R. Sporn's Complaint in its entirety with one opportunity to amend. Plaintiff shall have 20 days leave to amend. Defendants' MTS is moot. RJN The court grants Defendants' unopposed RJN. As to Exhibits T through BB, the court can take judicial notice of the re...

Excerpt: ...mance or excuse for failure to perform, defendant's breach, and damage to plaintiff resulting therefrom.” Munoz v. MacMillan (2011) 195 Cal.App.4th 648, 655. Plaintiff has established the following undisputed facts: (1) Plaintiff and defendant Buelah Land Christian Center, Church of God in Christ, Inc. (“Defendant”), entered into a written Lease Agreement. (SUF no. 1.) (2) Under the Lease Agreement, Defendant was required to make 63 monthly...

Excerpt: ...ding that it can fairly be described as being made on new law in the form of Travelers Property Casualty Company of America v. Engel Insulation, Inc. (2018) 29 Cal. App. 5th 830 , rather than pre-existing case law. Code of Civil Procedure § 877 provides, in relevant part, that “Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdict or judgment to one or mo...

Excerpt: ...onduct Plaintiff's first cause of action is one for willful misconduct as a species of negligence. Opposition, 13:3; Berkley v. Dowds (2007) 152 Cal.App.4th 518, 526. The pleading requirements for willful misconduct are similar to negligence but stricter. Berkley, 152 Cal.App.4th at 526. The elements of a negligence cause of action are: (a) a legal duty to use due care; (b) a breach of such legal duty; and (c) the breach as the proximate or legal...

Excerpt: ...r, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case,. . . .” (Emphasis added.) The court may also sua sponte order bifurcation or severance of an issue at any time, including after the trial has commenced...

Excerpt: ...erial fact…” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4 th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at 851.) A defendant seeking summary judgment meets the burden of showing that a cause of action has no merit by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code...

Excerpt: ... or amend the earlier information, either by: • Adding subsequently retained experts to the expert witness list; or • Amending the expert witness declaration to expand the “general substance” of the testimony which any previously designated expert will give. [CCP § 2034.610; see Richaud v. Jennings(1993) 16 CA4th 81, 91—“supplemental designation” filed without leave of court held ineffective]. Here, Plaintiff seeks to substitute on...

Excerpt: ...hstanding the fact that they are limited to vehicles of the same year, model and make as Plaintiff's, because they are not limited to repurchases or replacements, under the Song Beverly Consumer Warranty Act, for the same defects alleged by Plaintiff in paragraph 11 of her complaint. The motion is granted with respect to special interrogatories nos. 39 and 40. These interrogatories are narrowly drafted to elicit information regarding other vehicl...

Excerpt: ...ons of the second amended complaint (“SAC”) of plaintiff Khadijeh Shariati is granted in part and denied in part. The motion is granted only as to item 5 (punitive damages) in the prayer of the SAC; it is otherwise denied. Civil Code § 3294 provides that punitive damages may be awarded in an action for breach of an obligation not arising from contract, if the plaintiff proves by clear and convincing evidence that the defendant has been guilt...

Excerpt: ...iff's supplemental brief, as well as Plaintiff's request to present oral testimony at the hearing from her expert pursuant to CRC, Rule 3.1306(b). The Court GRANTS Plaintiff's request and will allow oral testimony from Plaintiff's witness at the hearing. The Court will set the parameters of the testimony on the day of the hearing. The Court has not received any supplemental briefing from Defendants with respect to the issue of the discovery of th...

Excerpt: ... notice of ruling. The motion is denied as to nos. 4.1, 4.2, 12.1-12.3, and 12.7. Code of Civil Procedure section 2030.220 requires a party responding to interrogatories to answer in a manner as “complete and straightforward as the information reasonably available” permits. If the interrogatory cannot be answered completely, then it must be answered to the extent possible. Code Civ. Proc. § 2030.220(b). “If a timely motion to compel has be...

Excerpt: ...atories, Document Demands, and Special Interrogatories, sets one, within 20 days. Plaintiff ignored the court's order. Further, after attempting for a year to take Plaintiff's deposition, on 12/6/18 Defendant obtained an order compelling the deposition. Plaintiff was ordered to appear on 1/14/19 for his deposition. He again ignored this court's order. Once a party is ordered by the court to provide responses to discovery, continued failure to res...

Excerpt: ...second, fourth, and fifth causes of action. The demurrer is overruled as to the first, third, sixth, and seventh causes of action. Defendant Coastline Recovery Services, Inc.'s demurrer to Plaintiff's FAC is sustained in part and overruled in part. Coastline's demurrer is sustained with 15 days leave to amend as to the fourth and fifth causes of action. It is overruled as to the first, second, third, sixth, and seventh causes of action. Defendant...

Excerpt: ...d violations of the Dodd-Frank Act, which applies only to residential mortgages; however, the exhibits attached to the FAC showed that the loan was a business loan. [See 4-19-18 minute order (ROA No. 87).] However, the SAC does not include any exhibits, and MPs have not properly requested judicial notice of any documents showing that the subject loan was not a residential mortgage. Moreover, even if the SAC included the same exhibits as the FAC, ...

Excerpt: ... from service of a notice of ruling by moving party. In addition, plaintiff NCMGI is awarded sanctions of $2,320.00, pursuant to C.C.P. § 2030.300(d), payable by defendant Cash Flow Investment Partners LLC within 30 days. The court notes that co-defendant Scott Kohn was not a party to this set of discovery and is not an attorney of record for defendant Cash Flow. 2) Plaintiff Natural Concepts Marketing Group Inc.'s motion to compel further RFPD ...

Excerpt: ...xh. B [Sonnek Depo., 37:3-17]), and thus, that plaintiff has standing to maintain his claims. “Where the legal title to property is vested in the trustee, it is unnecessary to state in the complaint the means by which plaintiff acquired it, and so far as concerns the defendant he is the real party in interest and may sue in his own name.” (McKoin v. Rosefelt (1944) 66 Cal.App.2d 757, 768; see O'Flaherty v. Belgum (2004) 115 Cal.App.4th 1044, ...

Excerpt: ...actions by the security guards to the entity defendants, including this moving party; fails to allege sufficient specific facts to support liability against an employer and/or entity; or to show what this moving party did, or did not do, so as to justify the imposition of punitive damages. Plaintiffs are granted 10 days leave to amend. Moving party to give notice. ...

Excerpt: ...s remedy would be a motion for protective order per CCP 2025.420(a) If not moot, as to any documents that have not been produced by the respective custodians, plaintiff Tonya Cartwright's motion to quash is granted in part, pursuant to C.C.P. § 1987.1, as to modifying the scope of each of the subpoenas. The three subpoenas issued to health care providers of plaintiff Cartwright are protected by plaintiff's right of privacy except as to condition...

Excerpt: ... until well after the 45 day statutory limit. To the extent the email exchange between counsel that occurred on May 13, 14 constitutes a written stipulation to continue the 45 day statutory deadline, the extension was only through May 28, 2018. This motion was not filed until June 15, 2018. The court notes the notice of this motion contends the relief requested is pursuant to Code of Civil Procedure, § 2033.280. However, the substance of the mot...

Excerpt: ...tiff has agreed to produce all photographs of the location of the incident and of plaintiff's injuries taken with and stored on her cell phone in their native format, and that good cause for the subject demand and production exists. (See Rutherford Decl. at ¶¶ 13, 16-17, Exhs. 2, 10 [McGlone Depo., pp. 89-100, 234, 253]; see also id. at ¶¶ 7, 8, 10-12, Exhs. 5, 6, 8, 9 [demonstrating sufficient meet and confer effort]; Code Civ. Proc., § 202...

Excerpt: ... Declaration of Hiroshi Takahashi. 1-2 Overruled. Declaration of Arjun Sivakumar. 1. Sustained, lack of foundation. Defendants Optimum Power Conversion, Inc.'s and Slobodan Cuk's Motion For Summary Judgment and or Summary Adjudication of Issues is DENIED, on the grounds that Defendants failed to meet their initial evidentiary burden on three of the noticed issues, and on the grounds that triable Issues of material fact exist that preclude grant o...

Excerpt: ...t on a motion for attorney fees allegedly filed by the plaintiff that the referee declares is pending for the same time as the hearing on this motion. (See Griswold Decl. at ¶¶ 9-11.) No such motion has been filed, however, and as such, nothing proves up or supports the request that certain encumbrances and/or costs and expenses be allocated solely and exclusively to the defendant. (See id. at ¶¶ 10-11.) This motion also requests approval of ...

Excerpt: ...cheduled for 1/28/19 or such date as is agreeable to defendants/cross-complainants. The decision to bifurcate is discretionary with the trial court. Per CCP 1048(b) the court is guided by principles of judicial economy and due process. The recent filing of the cross-complaint (as amended) has inhibited discovery and the right to bring dispositive motions amongst the parties to the cross-action. This alone might have justified a trial continuance,...

Excerpt: ...st cause of action for breach of contract. As this court held in the previous demurrer, the breach of contract claim has properly been stated against the entity defendants. CRC Rule 3.1320 mandates the caption of the demurrer name the party filing the demurrer and the name of the party whose pleading is the subject of the demurrer. The notice of this demurrer states two entity defendants, as well as five individual defendants are bringing the dem...