Excerpt: ...�[a] motion to remove a mechanic's lien is recognized as a device that allows the property owner to obtain speedy relief from an unjustified lien or a lien of an unjustified amount without waiting for trial on the action to foreclose the lien.” (Id. at 318). Although technically different than a motion to expunge lis pendens, as explained by the Howard court, the applicable standards are the same: “The inquiry upon such motion is likewise lim...

Excerpt: ...n person or by telephone”].) As the meet and confer declarations by defendants Abhari and Menke appear sufficient, the court exercises its discretion to rule on the merits of all the motions. The demurrers by defendants Mahdavi, Abhari, Rahgoshay, and Menke, to plaintiff's first amended complaint are sustained, with leave to amend, based on failure to state facts sufficient to constitute a cause of action and uncertainty. (CCP 430.10(e), (f).) ...

Excerpt: ...be able to use the dispute resolution results to rebut that presumption. As for the assignment issue, plaintiff was the sole person listed on the purchase agreement and the sole borrower on the loan. As such he was the sole “buyer” under the Song Beverly Act. Had plaintiff defaulted on his loan payments, he alone would have been liable to the lender for any money owed and the vehicle, as collateral on the loan, could be repossessed regardless...

Excerpt: ...of the Tech-Bilt factors, and the court cannot reach a determination without such evidence. The court also finds that for purposes of this motion only, that Proof Positive's evidence as to its proportionate liability to plaintiff is lacking. Arguments that Proof Positive is not a mandated reporter may be precluded by application of the doctrine of estoppel, based upon its written representations to plaintiff's parents that it is a mandated report...

Excerpt: ...2003) 109 Cal.App.4th 739, 761 [where no prejudice is shown to the adverse party, the liberal rule of allowing amendment prevails]; Code Civ. Proc., § 473, subd. (a)(1).) The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified: “It is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment.” (Atkinson, supra, at p. 761.) ...

Excerpt: ... exercise reasonable care and skill in undertaking to perform legal services for Plaintiffs”), and Para. 16 (“Had Defendants exercised proper care and skill in providing legal services to Plaintiffs, Plaintiffs would not have lost money in their investments”).] The SAC also alleges the existence of an attorney-client relationship. (SAC at Paras. 10, 12, 17.) The SAC also now alleges more facts as to how exactly MPs failed to adequately / pr...

Excerpt: ...se allegations, plaintiffs' claim for fraudulent omission is barred by the economic loss rule. (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988 [plaintiff is required to “demonstrate harm above and beyond a broken contractual promise,” in order to recover tort damages].) Other than the absence of allegations as to damages other than those related to their warranty claims, the court finds that plaintiffs' concealment cla...

Excerpt: ...y the objecting corporations. Plaintiff's request for judicial notice is granted. (Ev. 452(h).) The subpoenas seek directly relevant evidence regarding plaintiff's fraudulent transfer claims. The subpoenas seek records which not only belong to the objecting corporations, but also to the named defendants, and thus the records are directly relevant to show the transfer of any assets between defendant Xin Li, the alleged obligor, and the other defen...

Excerpt: ...ce the petitioner has met that burden, the burden shifts to the party opposing arbitration, to produce evidence to show by a preponderance “any fact necessary to the defense." (Id.) The declaration of Sandra M. Putnam purports to support the contention there is a valid arbitration agreement between the parties. However, as pointed out by plaintiff, Ms. Putnam's declaration in support of the moving papers is not admissible. A motion may be suppo...

Excerpt: ...or control the premises where plaintiff was injured. Plaintiffs have not produced sufficient evidence to show defendant, as the parent company of the owner of the premises (GWGG) sufficiently manipulated GWGG's actions to as to impose liability against Moving Party as a parent company of GWGG. To prevail here, plaintiff must show “specific manipulative conduct” by the parent toward the subsidiary that relegates the latter to the status of mer...

Excerpt: ...the third amended complaint. Likewise, there are no facts pled in the 3 rdAC that would give rise to a claim that these demurring defendants are estopped from claiming that they are not plaintiff's landlord. Plaintiff alleges that he has an oral, month to month sublease with defendant Stein, not with these defendants. (See 3 rdAC ¶ 14). Additionally, both causes of action appear barred by the applicable statutes of limitations. A claim for damag...

Excerpt: ...ach of implied contract “addresses work completed from May 16, 2016 through June 30 2016, which is barred by the statute of limitations found in Code of Civil Procedure § 339(1)” (moving papers at 5:11-14); and that the 2 nd C/A for breach of the implied covenant fails for the same reasons (moving papers at 5:15-16). MP is incorrect. The complaint alleges that plaintiff worked for defendants and that “[u]p until May of 2016, Plaintiff had ...

Excerpt: ...complaint where it states defendants left hoses, materials, and equipment on the ground “in a manner which could not be seen by plaintiff”], with FAC at pp. 4, 5 [containing no such quoted language].) The filing of an amended complaint moots a motion directed to a prior complaint. (See State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1131.) Next, even if OCWD had directed the motion to the correct pleading, OCWD's c...

Excerpt: ...full body soreness or lethargy of which plaintiffs still complain. The scope of discovery is broad enough to permit defendant an opportunity to explore other causes of plaintiffs' past and remaining conditions and defendant's need for the discovery outweighs any privacy rights held by plaintiffs to the information. Defendant to give notice. ...

Excerpt: ...anted as to the first cause of action for breach of oral contract. Moving party has met its initial burden of presenting evidence showing that plaintiff cannot establish the essential element of a valid contract. (Moving Party Separate Statement, Summary Adjudication Issue No. 1, Fact Nos. 2, 3, 5, 6, 7, 16-19; CCP 437c(p)(2) [moving party's initial burden]; Civil Code 1625 [“The execution of a contract in writing, whether the law requires it t...

Excerpt: ...o file a proper opposition to these motions. The court is not persuaded that the vaguely referenced Supreme Court and Court of Appeal deadlines impaired plaintiff's ability to timely respond to these motions. Moreover, the boiler-plate objections to these simple and straight forward interrogatories are without merit and demonstrate an unwillingness to participate in the discovery process in good faith. Sanctions are awarded to defendants in the s...

Excerpt: ...nefit a third person appears from the terms of the contract. [Citation.] If the terms of the contract necessarily require the promisor to confer a benefit on a third person, then the contract, and hence the parties thereto, contemplate a benefit to the third person.' “(Spinks v. Equity Residential Briarwood Apartments (2009) 171 Cal.App.4th 1004, 1022.) Here, it is undisputed the contract provides Day will defend and hold the District, as well ...

Excerpt: ...declaration evaluated plaintiffs' damages as between $15K and $150K, “consisting of damage due to delay and specifically, increased costs of construction due to any improper delay in approving the application as is alleged to have occurred.” (Cogger Decl., Para. 2.) MP attorney's original declaration also averred that plaintiffs would be entitled to attorney fees of $250K to $350K if they prevail. (Id. at Para. 3; see also CC 5975(c).) MP att...

Excerpt: ...asis that the causes of action both appear to be barred by application of Bus. & Prof. Code § 166000. The exception in Bus. & Prof. Code 16601 is not applicable based upon the facts pled. The statutory exemption to Section 16600 includes the following factual scenarios: (i) A person selling the goodwill of a business. This is not applicable to Mr. Garrett because the seller of the client accounts was Leavitt, not Mr. Garrett; (ii) Any owner of a...

Excerpt: ...rth Cause of Action are pled in paragraphs 13-17 and 44-50 of the 3 rdAXC. A review of these allegations reveals either that they are not alleged with the level of specificity required to allege fraud against a corporation, or are not specific promises to take some action or refrain from taking action in the future. The sole representations by Cross-Defendant that are alleged with the required level of specificity are those contained in the press...

Excerpt: ...v. Superior Court (2006) 139 Cal.App.4th 528, 539, FN 7.) Regarding the AT&T subpoena, the subpoena is not limited to calls/texts to or from plaintiff, which could be relevant to her harassment and wage/hour claims. Responding party also contends that she has the names and phone numbers of at least 30 escorts whom she allegedly personally drove and delivered to moving party's home (Opp at 5:4-7; Guevara Decl., Para. 19); however, the subpoena is ...

Excerpt: .... As the District has prevailed on the issue of duty to defend, the court cannot grant adjudication in favor of PJHM on these claims. The third cause of action for express contractual indemnity does not seek a declaration regarding PJHM's duty to defend. However, there are triable issues of fact with regard to whether the District waived its right to sue PJHM and as to whether PJHM has a duty to indemnify the District. With regard to the issue of...

Excerpt: ... for production No. 19 as follows (where underlined) to limit it in scope to vehicles of the same year, make, and model as the subject vehicle: All DOCUMENTS, including but not limited to electronically stored information and electronic mails, concerning customer complaints, claims, reported failures, and warranty claims related to POWERTRAIN DEFECT in vehicles of the same year, make, and model as the SUBJECT VEHICLE, including but not limited to...

Excerpt: ...ton. Day argues the ruling determines Day was not negligent in its work with regard to the project. Day also contends that because it is not liable to plaintiff, it is not liable to District. Day is incorrect with regard to both points. Under the “completed and accepted” doctrine, once a contractor or subcontractor has completed work that is accepted by the owner, the contractor is not liable to third parties injured as a result of the condit...

Excerpt: ...he time of the alleged sexual abuse, RCOC knew, had reason to know, or was otherwise on notice of defendant Jonathan Ryan McKay's (McKay) unlawful sexual conduct, and failed to take reasonable steps to avoid acts of further unlawful sexual conduct by McKay. (See FAC ¶¶ 39, 41-44, 47, 76, 77, 81.) RCOC has not properly addressed these allegations. RCOC has presented no evidence showing that it did not know of and was not on notice of the alleged...