Excerpt: ...endants Katten Muchin Rosenman LLP and Claudia Callaway's motion to apply judicial or collateral estoppel is DENIED. I. Background of CFPB Litigation This motion concerns the effect of the federal court's judgment in Consumer Financial Protection Bureau v. CashCall, Inc., C.D.Cal. No. CV 15-07522-JFW (RAOx) (“CFPB”), and more specifically, the federal court's opinion of January 19, 2018, available at 2018 WL 485963. The Court will refer to th...

Excerpt: ...l has no effect on the named Plaintiffs' individual claims. Defendant's unopposed request for judicial notice is GRANTED. The Court, on its own motion, takes judicial notice of the California Supreme Court's docket in Naranjo v. Spectrum Security Services, No. S258966. GROUNDS FOR RULING I. Rest Breaks Defendant admits a four-year statute of limitations applies because there is a UCL claim at issue. However, it contends the earliest relevant fili...

Excerpt: ...able fault of his own, no actual notice of the action in time to appear and defend, and had not made a general appearance; (2) a default or default judgment has been entered against him by the court; (3) he acted with reasonable diligence in serving and filing the notice of motion to set aside the default or default judgment; and (4) he has a meritorious defense.” (See Goya v. P.E.R.U. Enterprises (1978) 87 Cal.App.3d 886, 890–91.) Additional...

Excerpt: ...4th 1244, 1255 [elements].) This claim is not based solely on defendant's misrepresentation that the vehicle was in “excellent condition,” but also on its alleged misrepresentation that the vehicle had “passed a vehicle inspection” (see Compl. ¶ 13), and defendant's failure to disclose the true, substandard condition of the vehicle (see id. ¶¶ 12- 13, 16). Further, to the extent the claim is based on the misrepresentation that the vehi...

Excerpt: ...uled. 1st cause of action: misrepresentation. The demurrer to the first cause of action for misrepresentation is sustained, with leave to amend, on grounds of failure to state facts sufficient to constitute a cause of action. (CCP 430.10(e).) This cause of action does not allege all of the elements of fraud with the required specificity. (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 72-73 [elements]; Lazar v. Superior Court (1996) 12 Cal.4 th ...

Excerpt: ...med by plaintiff. (CCP 762.010, 762.050.) Any party may serve discovery. (CCP 2017.010.) Whether or not this defendant is in fact a proper party cannot be determined by a motion to strike. Plaintiff to give notice. 2. Plaintiff Ragland's motion for reconsideration of the court's 10-30-20 discovery order. Motion granted. The court finds that plaintiff has timely sought reconsideration; has shown new and/or different facts justifying reconsideratio...

Excerpt: ... 787-788 [“Lack of diligence may be deemed willful in the sense that the party understood his obligation, had the ability to comply, and failed to comply. [Citation.] A willful failure does not necessarily include a wrongful intention to disobey discovery rules.”].) The 2/27/20 discovery order unequivocally orders plaintiff to produce all responsive documents to the subject requests for production within 20 days of notice, and also unequivoca...

Excerpt: ...o the other alleged breaches of the parties' manufacturing agreement claimed in the first amended cross-complaint (which form the subject of the first and third causes of action for breach of contract). (See FAXC ¶¶ 34-41.) The subject manufacturing agreement does not require Vit-Best to provide proper certificates of origin (see id. ¶ 4, Ex. 1), and DRHP fails to allege any facts demonstrating a course of dealing between DRHP and Vit-Best (or...

Excerpt: ...he privilege warranting disclosure applies. (See Schnabel v. Superior Court (1993) 5 Cal.4th 704, 721 (Schnabel) [listing exceptions].) First, AIM contends plaintiff has impliedly waived the taxpayer privilege by making a claim of loss of business value and lost profits which directly relate to plaintiff's business valuation and income, and that therefore, the “gravamen of [the] lawsuit is so inconsistent with the continued assertion of the tax...

Excerpt: ... (2001) 25 Cal.4th 826, 850-851 (Aguilar) [same].) With respect to the first cause of action for fraudulent transfer of the subject Riverside property and noticed issue Nos. 1-3, defendants fail to establish that the value of the Riverside property was equal to or less than the value of Bahjat and Tameem's alleged debt to Harb. (See Defs. Sep. Stmt., in passim.) With respect to the second cause of action for fraudulent transfer of the Ladera Ranc...

Excerpt: ...impose a special assessment against Plaintiffs to recover fees and costs incurred in obtaining compliance with the CC&Rs. The court is not convinced that items (ii) and (iii) fall within Calif. Code of Civil Procedure, section 128.5, subdivisions (a) and (b)(1) as “actions or tactics.” A motion for sanctions may not be filed with the court until 21 days have lapsed following service of the notice of motion upon the party against whom sanction...

Excerpt: ...eir purported lack of personal knowledge. An unestablished assertion that a particular witness lacks personal knowledge of the facts of the case is insufficient to show good cause for a protective order precluding that witness's deposition. (See Code Civ. Proc., § 2025.420, subd. (b); see also Nativi v. Deutsche Bank National Trust Co. (2014) 223 Cal.App.4th 261, 318 [the burden is on the party seeking the protective order to show good cause for...

Excerpt: ...ry No. 53) Meet and confer narrowed the issue, combining Interrogatories No. 52 & 53 and limiting the scope to the identities of all former employees whose employment was terminated by the same decision makers as Plaintiff and for the same reasons as Plaintiff within the last 5 years. (Livshits Dec. Ex. 6, 10/28/20 e-mail.) Defendant seeks to further limit the information sought to ex-employees who disclosed a medical condition or disability. (Ur...

Excerpt: ...ut also her history involving erratic driving. The hearing report of 5-22-18 states in part: “Did the Respondent cause or contribute to the cause of a collision that resulted in a fatality? The department finds that the Respondent contributed to the cause of a collision based on the physical evidence regarding the damages sustained to the Mercedes Benz on the left driver side which is consistent with damage sustained to Respondent's vehicle on ...

Excerpt: ...agreement with non-party Crevier BMW, which contains the arbitration clause. However, while the existence of the lease is a prerequisite to Plaintiff's Song-Beverly Act claim, plaintiff's claims against BMW do not rely on the terms of the lease. They rely on the express warranty issued by BMW as alleged at paragraph 10 of the complaint. In support of its argument, BMW points to the case of cites Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486. ...

Excerpt: ...ants' separate statement is grouped by cause of action, with between 2-3 discrete issues for adjudication set forth below, instead of setting each issue as a separate noticed issue with its own section as required by the Rules of Court. Additionally, rather than sent forth separately, each Undisputed Material Facts (“UMF”) in support of each noticed issue, most of the separate statement incorporates the preceding UMFs by reference. Failure to...

Excerpt: ... the court finds was reasonably and necessarily incurred. Plaintiffs argue that no apportionment between defendants is required. However, plaintiffs have not provided any evidence to show that apportionment is not required. Defendant Mission Pools of Escondido argues that defendants Sal Vargas dba New Vision Landscape, and New Vision Landscape, Inc., should bear a proportionate share of plaintiffs' attorney fees, on grounds of comparative and/or ...

Excerpt: ... contract typically arises upon the breach. Defendant's Undisputed Material Facts (“UMF”) 8 establishes that Avenue K was unable to pay the full balance on the loan by 07/31/07 as agreed. (See Compl. Exh. 1.) The next UMF establishes that Avenue K made payments on the loan between 07/23/07, and 03/07/11. (UMF 9.) As a general rule, part payment of a debt or obligation is sufficient to extend the bar of the statute. The theory on which this is...

Excerpt: ...s the declaration of attorney Mark. S. Rosen states: “The petition was verified by one of the parents of Student DOE and one of the parents of Student Roe.” See Rosen Declaration, ROA #45, page 2, paragraph 2. In exercising its independent judgment, a trial court must afford a strong presumption of correctness concerning the administrative findings, and the party challenging the administrative decision bears the burden of convincing the court...

Excerpt: ... to enforce the agreement. (Jones v. Jacobson (2011) 195 Cal.App.4th 1, 15.) Defendant has failed to meet this burden. First, contrary to defendant's contentions, plaintiffs did not expressly agree to arbitrate their claims against Kia. The arbitration agreement explicitly requires only plaintiffs and the nonparty seller to resolve “any dispute between us”— i.e., any disputes between plaintiffs and the nonparty seller (including the seller'...

Excerpt: ...material fact as to whether he made the subject misrepresentations/false promises and whether plaintiff Alan S. Inbody (plaintiff) justifiably relied on them, causing plaintiff damages. Furthermore, even if Candland had met his initial burden, which he has not, plaintiff's evidence in opposition to the motion only further demonstrates that there are triable issues of material fact with respect to these claims. Specifically: 1. Contrary to Candlan...

Excerpt: ... anti- SLAPP motion and the appeal, was whether the Burkholders' complaints to the HOA regarding potential view obstruction were made in “connection with an issue of public interest.” Ultimately, the court came out in favor of plaintiffs on this issue but defendants' position was not without support. Defendants' original motion cited various authorities involving disputes involving HOAs, which supported defendants' contention that the instant...

Excerpt: ... claim to WRCOG; 3. Plaintiff substantially complied with the presentation requirement; and 4. Plaintiff's claim is exempt from the presentation requirement under Government Code §905(h). No suit for money damages may be brought against a public entity unless the plaintiff first presented a timely claim to the entity and the entity has ruled on that claim. (Gov. Code 905, 911.2, and 945.4.) Claims for personal injury must be presented not later ...

Excerpt: ...rnia Physicians Insurance Exchange (1998) 63 Cal.App.4th 1022, 1048 [elements of conspiracy]; AREI II Cases (2013) 216 Cal.App.4th 1004, 1022 [complaint sufficient where it apprises defendant of the “character and type of facts and circumstances upon which (plaintiff) was relying to establish the conspiracy,” including pleading “facts and circumstances that permit a reasonable inference (defendant) was aware of the plan to defraud”].) 1. ...

Excerpt: ...petition or free speech in connection with a public issue. (See Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) If the moving defendant makes this showing, then the burden shifts to the plaintiff to establish a probability that the plaintiff will prevail on the claim, i.e., a showing of facts that would, if proved at trial, support a judgment in the plaintiff's favor. (See DuPont Merck Pharmaceutical Co. v. Superior Court (2000) 78 Cal.App.4th 56...