Excerpt: ...cords and plaintiff's lost wages claim. A closer connection exists between plaintiff's actual salary and his lost wages claim, of course. His actual wages are what he claims to have lost. But “‘good cause' for disclosure of actual records or reports does not exist if the party seeking discovery can obtain the desired information through direct contact with the complainants or witnesses.” (City of Hemet v. Superior Court (1995) 37 Cal.App.4t...

Excerpt: ...rporation and a dentist's guaranty. The San Bernardino case is a dispute over a dental partnership. The most significant connection is that the dentist who guarantied the loan in this case is also a partner in the San Bernardino partnership. Coordination might be convenient for that dentist on some level, but his default has been entered in this case. Defendant fails to show consolidation would be especially convenient for any other party, witnes...

Excerpt: ...Colonies-Pacific, LLC (2014) 228 Cal.App.4th 664, 671 [elements].) 2nd cause of action, IIED. The complaint fails to state facts sufficient to constitute a cause of action. It fails to allege facts showing extreme and outrageous conduct with intent or reckless disregard, severe or extreme emotional distress, or causation. (See Miller v. Fortune Commercial Corp. (2017) 15 Cal.App.5th 214, 228–229.) 3rd cause of action, negligence. The complaint ...

Excerpt: ...ference re binding arbitration for 1/14/19 at 10 am in Dept. C- 15. Defendants met their burden to show a written arbitration agreement exists that covers plaintiff's claims. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413 [burden]; Basler Decl., ¶¶ 3-9 & Exs. A & C.) Plaintiff has not shown any exception to compelling arbitration or ground for revoking the agreement. (See C...

Excerpt: ...ence is time-barred on the face of the complaint, which alleges the accident occurred on 10/12/15 – more than two years before filing. (See Code Civ. Proc., § 335.1 [two-year statute of limitations]; see also Compl. at p. 4 ¶ MV-1.) Defendants' request for judicial notice is DENIED. A company's guidelines are not subject to judicial notice. Defendants shall give notice. ...

Excerpt: ...ndants on two theories of liability: direct liability for negligently entrusting the vehicle to the driver, and vicarious liability as the driver's employer. This results in a redundant complaint with overlapping claims. For example, both of the first two causes of action essentially allege defendant Cary Fischer is liable for negligence because he employed the driver. And all three causes of action allege defendant Cary Fischer is liable for neg...

Excerpt: ...(See Lim v. The.TV Corp. Int'l (2002) 99 Cal.App.4th 684, 691 [plaintiffs may “correct erroneous allegations of generic terms” or clarify ambiguities].) CUTSA Preemption. Defendants fail to show any of the challenged causes of action sound in trade secret misappropriation or are otherwise preempted by CUTSA. (See Klamath-Orleans Lumber, Inc. v. Miller (1978) 87 Cal. App. 3d 458.) 3rd cause of action, breach of fiduciary duty. The FAC states f...

Excerpt: ... reasonable diligence have been presented earlier. (See Code Civ. Proc. § 1008, subd. (a); see also Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192, 1198-1200.) Plaintiff shall give notice. ...

Excerpt: ...ncipal Opportunities Fund v. CIBC World Markets Corp. (2007) 157 Cal.App.4th 835, 859, 862, fn. 16 [duty to disclose in nonfiduciary context]; Alfaro v. Community Housing Imp. System & Planning Ass'n, Inc. (2009) 171 Cal.App.4th 1356, 1384 [less particularity required to allege fraud by concealment]; see also SAC ¶¶ 11, 15, 17-29, 31-32, 41-47.) 3rd cause of action, fraud–misrepresentation. The SAC states facts sufficient to constitute this c...

Excerpt: ...s]; World Financial Group., Inc. v. HBW Ins. & Financial Services, Inc. (2009) 172 Cal.App.4th 1561, 1568- 1570 [no public interest in private dispute]; Commonwealth Energy Corp. v. Investor Data Exchange, Inc. (2003) 110 Cal.App.4th 26, 34 [same].) No doubt, battle lines are forming in this dispute over an aquatic center. But defendants fail to show the topic has drawn widespread public interest beyond a “relatively small, specific audience.�...

Excerpt: ...g. But plaintiff has now offered new evidence showing timely service of its summary judgment motion on defendant's then- counsel. Plaintiff has reasonably explained why it was unprepared to produce that evidence at the 7/9/18 hearing. On reconsideration, the court now GRANTS plaintiff's summary judgment motion. Plaintiff met its initial burden to show each element of its causes of action. (See Code Civ. Proc. § 437c, subd. (p)(1); see also Aguil...

Excerpt: ... 1st-6th causes of action, FEHA and Labor Code claims. The second amended complaint states facts sufficient to constitute these causes of action. (See, e.g., Vernon v. State of California (2004) 116 Cal.App.4th 114, 125 [factors for determining employment]; Mathieu v. Norrell Corp. (2004) 115 Cal.App.4th 1174, 1183-1184 [dual employment]; see also SAC ¶¶ 5, 8, 24-26, 28-29, 32, 34, 36, 43, 45, & 48-51.) Defendant has not shown the SAC is a sham...

Excerpt: ...f the demurrer and sufficient time to prepare an opposition. The court's tentative ruling expressly admonished her it “might make a different order at the hearing.” The Orange County Superior Court sets oral argument on motions as a matter of course; no “notice of intent to appear” is required. (Cf. Cal. Rules of Court, rule 3.1308, subd. (a).) To the extent plaintiff seeks reconsideration, the motion was filed more than 10 days after she...

Excerpt: ...Cal.App.4th 458, 471.) Because a good faith offer “must be ‘realistically reasonable under the circumstances of the particular case,'” it is important to recall the circumstances here. (Arno v. Helinet Corp. (2005) 130 Cal.App.4th 1019, 1024 (Arno).) Plaintiff was a passenger in defendant Crescioni's car. Defendant Nevin-Hartung was driving another car. The two cars collided in an intersection under circumstances that showed one or the othe...

Excerpt: ...ion moot. Service of a summons gives notice of the action and (potentially) secures personal jurisdiction. That need be done only once. No additional or amended summons need be filed when a complaint is amended. (See Engebretson & Co. v. Harrison (1981) 125 Cal.App.3d 436, 441 cf. Gillette v. Burbank Community Hosp. (1976) 56 Cal.App.3d 430, 433; but see Naylor v. Superior Court (2015) 236 Cal.App.4th Supp. 1, 4.) The summons served with the init...

Excerpt: ... Defendant met its burden to show a written arbitration agreement exists that covers plaintiff's claims. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Financial Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; see also Martinez Decl. ¶ 1 & Exs. 1-2.) Plaintiff failed to meet his burden to show procedural or substantive unconscionability. (See Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th...

Excerpt: ... notice. Motion to Compel #2. Defendant Alice Renae Ashwill's motion to compel deposition is GRANTED. (See Code Civ. Proc. § 2025.450, subd. (a).) Plaintiff Albert Vernon Wright shall shall APPEAR for deposition on 7/30/18 at 9 am at Bamford Reporting Service, Inc., 4105 North 20th Street, Suite 125, Phoenix AZ 85106. The parties may agree in writing to change the date, time, or place. Plaintiff shall pay $1188.85 in discovery sanctions to defen...

Excerpt: ...fully, and carelessly represented” something to Klein. (Cross-compl. ¶¶ 3, 12.) Cross-complainants have not opposed the demurrer to show why misrepresentations by other cross-defendants to Klein would impose an indemnity obligation on Klein. (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.) Nor, of course, have they shown how Klein as a cross-defendant could make misrepresentations to himself. 3rd cause of action, express writt...

Excerpt: ...tt Laboratories, Inc. (1982) 32 Cal.3d 892, 900.) Good policy reasons exist for courts to grant equitable relief only with caution. (Ibid.) And “[t]o the extent that the court's equity power to grant relief differs from its power under section 473, the equity power must be considered narrower, not wider.'” (Id. at p. 901, fn. 8.) Plaintiff shall give notice. ...

Excerpt: ...with this request because no such letter exists; there is only a “conditional payment letter.” Requests 43 and 44. Defendant seeks a “Medicare Final lien letter” and the “Medicare Conditional Payment letter” from decedent Mildred Baggs. Defendant propounded these requests on the decedent (through plaintiffs' counsel) despite knowing she was deceased. During the meet-and-confer, plaintiff Cheryl Baggs (who is both an individual plainti...

Excerpt: ...met her burden to show a written arbitration agreement exists that covers plaintiff's claims. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Financial Securities Corp. (1996) 14 Cal.4th 394, 413 [elements].) Defendant failed to show procedural or substantive unconscionability. (See Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 114). The court finds plaintiff properly served the Notice of Clie...

Excerpt: ...fective service and failed to show any mistake, surprise, or excusable neglect. (Code Civ. Proc. §§ 473, subd. (b); see also Hearn v. Howard (2009) 177 Cal.App.4th 1193, 1206.) His uncorroborated hearsay statements denying substitute service are not credible. Defendant Constantino sufficiently showed mistake or excusable neglect in believing the summons was for defendant Aleman, not for her. (Code Civ. Proc., § 473, subd. (b).) Defendants' rep...

Excerpt: ... Cal.3d 311, 318.) Moreover, plaintiff has been declared a vexatious litigant and the court has already denied him leave to file a third amended complaint. (See Code Civ. Proc., § 391.7; see also 11/20/17 order.) Defendant's request for judicial notice is GRANTED. Defendant shall prepare both a formal written order and a separate judgment of dismissal. Defendant shall give notice. ...

Excerpt: ... is minimal at this early stage; the discovery stay imposes a minimal burden; the stay does not yet prejudice the court's calendar or case management; no other person's interests are implicated; and the public interest in the litigation is not yet prejudiced. (See Avant! Corp. v. Superior Court (2000) 79 Cal.App.4th 876, 886-887.) The prejudice to the parties, the court, and the public -- and the balance of factors -- may change over time. The co...

Excerpt: ...0 days of being served notice of this order. (See Code Civ. Proc. § 2031.310, subd. (h).) While plaintiff did not have to verify its objections when served, it does have the burden to substantiate them on a motion to compel. (See Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 657-658; Coy v. Superior Court (1962) 58 Cal.2d 210, 220-221.) That it has failed to do. It did have the burden to verify its substantive respo...