Excerpt: ...aliation for ethics reports by plaintiff to Kaiser (id. '1 9); (iii) failed to respond to plaintiff's complaints about Liu improperly using Kaiser equipment at home (id. '1 14); (iv) Kaiser employee Acevedo calling plaintiff a "stapler" (id. 915); (v) Kaiser employee Acevedo assisting Liu with his child custody dispute on company tme (id. '1 15); (vi) found plaintiff's complaints to Kaiser be without merit (id. '1 21); (vii) falsely claimed that ...

Excerpt: ...arties may agree in writing to take the deposition remotely or ata different date, time, or location. Plaintiff has shown the deposition was properly noticed, that defendant failed to timely serve objections, and that defendant failed appear for the deposition or produce documents. (Code Civ. Proc., SS 2025.410, 2025.450, subd. (a); see also Goldsmith decl. "1 4-8, Exs. 1-3.) Plaintiff has also shown and adequate meet-and-confer about the nonappe...

Excerpt: ...how the types of HIPAA violations that give rise to terminations and those that require lesser disciplinary acton (contrary to defendant's asserted zero- tolerance policy), as well as defendant's investigation of HIPAA violations." (ld. Ex. 4 at p. 3.) In turn, this information would reasonably assist plaintiff in evaluating both her own retaliation claims and defendant's assertion that it would have fired plaintiff for the HIPAA violation regard...

Excerpt: ...ense"], 31 ["additional costs and salary"].) A plaintiff or cross-complainant cannot "establish a prima facie entitlement to summary judgment without showing both the fact and the amount of damages." (Pajaro Valley Water Management Agency v. McGrath (2005) 128 Cal.App.4th 1093, 1105, original emphasis.) The party seeking summary judgment "cannot get judgment 'in an amount of damages to be determined later.'" (Paramount Petroleum Corp. v. Superior...

Excerpt: ... Superstores California (2018) 19 Cal.App.5th 1234, 1261 [UCL claims must be stated with "reasonable particularity"]; Hawkins v. TACA International Airlines, S.A. (2014) 223 Cal.App.4th 466, 478 ["simply parroting" statutory language is insufficient]; see also Compl. "1 53-54 [conclusory allegations of alleged false advertisementsl.) In addition, this cause of action is time-barred. (See Bus. & Prof. Code, S 17208 [four-year limitation period); s...

Excerpt: ...CL claims must be stated with "reasonable particularity"]; Hawkins v. TACA International Airlines, S.A. (2014) 223 Cal.App.4th 456, 478 ["simply parroting" statutory language is insufficient]; see also Compl. 53-54 [conclusory allegations of alleged false advertisements].) On the other hand, the complaint adequately alleges that plaintiff "lost money or property," giving her standing and a basis for restitution. (Bus. & Prof. Code S 17204; accord...

Excerpt: ..."'The practice of forcing trial counsel to testify as a witness has long been discouraged .. and recognized as disrupting the adversarial nature of our judicial system...." (Spectra- Physics, Inc. v. Superior Court (1988) 198 Cal.App.3d 1487, 1494.) Consequently, "California applies a three-prong test in considering the propriety of attorney depositions. First, does the proponent have other practicable means to obtain the information? Second, is ...

Excerpt: ...and federal civil rights and employment statutes." (Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (2018) 18 Cal.App.5th 525, 545, cleaned up; see also Cummings v. Benco Building Services (1992) 11 Cal.App.4th 1383, 1388 [fees should not be awarded against FEHA plaintiff "unless a court finds that his claim was frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly became so"]; USS-Posco Industr...

Excerpt: ...ty, LLC v. Goldman (2011) 51 Cal.4th 811, 821 [elements]; see also X-Compl. 6-10.) It adequately alleges damages, despite Daniels' invocation of the prepaid rent. (Compare Reply at p. 5 with X-Compl. 10.) If nothing else, SIB- Monaco's liability to return the prepaid rent is damage enough. 2nd cause of action, breach of implied covenant. The crosscomplaint fails to state facts sufficient to constitute a cause of action. "If the allegations do not...

Excerpt: ... facts sufficient to consttute this cause of action with the requisite specificity. (See Gov. Code, SS 835 [elements of dangerous condition], 835.2 [notice]; Taxpayers for Improving Public Safety v. Schwarzenegger (2W9) 172 Cal.App.4th 749, 758 ["a demurrer tests the adequacy of the complaint's allegations, not whether plaintiffs can produce evidence to support those allegations"]; Miles v. Deutsche Bank National Trust Co. (2015) 235 Cal.App.4th ...

Excerpt: ... plaintiff's performance. (See Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal.App.4th 1171, 1178 [elements]; see also Opp. at p. 14 [conceding defect].) As plaintiff alleges breach of a Partnership Settlement Agreement (and ground leases), there is no need to attach any other contract. (See TAC 60-63; Dem. at p. 8.) While the Partnership Settlement Agreement states it is conditioned upon another settlement agreement, "the performa...

Excerpt: ... be conditioned on payment of any judgment and costs the claimant recovers on the lien. (Civ. Code, S 8424, subds. (a), (b).) Mechanics lien amount. The court previously denied defendants' moton to expunge lis pendens and mechanics lien. (8/5/22 Minute Order, p. 2.) The court stated it would, however, "set [anl undertaking on a properly noticed motion." (Ibid.; accord Vought Construction Inc. v. Stock (2022) 84 Cal.App.5th 522, 637 ["if a lien is...

Excerpt: ...al.5th at pp. 796.) Cynosure's evidence shows its place of incorporation and principal place of business is Delaware. (See Roma decl. 4- 7.) Having a California agent for service of process or California end-users is insufficient. (See Bristol-Myers, at pp. 797-798.) Cross-complainants do not assert specific jurisdiction in their 10/23/23 opposition. They raise that issue for the first tme in their untimely 10/24/23 amended brief. (See 10/13/23 s...

Excerpt: ...t said, defendant isn't wrong to say the FAC is a bit of a "mess" due to plaintiff's lengthy notice of errata purporting to correct several major errors over 17 consecutive pages of the pleading. (Compare FAC with 5/4/23 Notice Ex. 1 [attaching "corrected" pages 8-24 of the FACI.) Thus, plaintiff shall combine the relevant portions of the old FAC (ROA #2) and corrected portions of the same in the notice of errata (ROA #15) at the time he amends h...

Excerpt: ...d complaint relates back to an earlier complaint if it is based on the same general set of facts, even if the plaintiff alleges a different legal theory or new cause of action." (Pointe San Diego Residential Community, L.P. v. Prc„copio, Cory, Hargreaves & Savitch, LLP (2011) 195 Cal.App.4th 265, 276—277.) Here, plaintiff is still suing defendant over the same work on the same project pursuant to the same construction contracts. (Compare 2/5/...

Excerpt: ... 1st cause of action, negligent hiring etc. The FAC states facts sufficient to constitute this cause of action. (See Phillips v. TLC Plumbing, Inc. (2009) 172 Cal.App.4th 1133, 1139- 1140 [elements]; Lopez v. Southern California Rapid Transit Dist. (1985) 40 Cal.3d 780, 795 [same]; see also FAC 20-26, 43-47, 51-55, & 58-60.) The FAC adequately alleges that defendant's employees knew or should have known defendant Jose Garcia "was/is a sexual pred...

Excerpt: ...n. (See Korea Supply Co. v. Lockheed Martin corp. (2w3) 29 cal.4th 1134, 1153-1154 [elements); see also SAC 23, 30(a), 30(h), 43-46, 50.) Plaintiff need not name the prospective client in the complaint; "[i]t is sufficient that he is identified in some manner. ..." (Ramona Manor Convalescent Hospital v. Care Enterprises (1986) 177 Cal.App.3d 1120, 1133.) Plaintiff has done so. (See SAC '1 30(a) ["Fifteen government contracts diverted away from 5G...

Excerpt: ...) 17 Cal.4th 599, [voluntarily dismissed defendant is entitled to costs]; Cano v. Glover (2006) 143 Cal.App .4th 326, 331 [dismissed defendant prevails, regardless of whether the dismissal is voluntary or involuntary and "regardless of whether the dismissal is with or without prejudice"]; see also ROA #927 [voluntary dismissal], 948 [judgment of dismissall.) Code of Civil Procedure "section 1032 provides for recovery of costs as a matter of right...

Excerpt: ...t this claim is barred by the statute of limitations. The alleged oral contract to pay a bonus or vacation pay was breached no later than when plaintiff resigned on 7/11/16. (See Church v. Jamison (2006) 143 Cal.App.4th 1568, 1576 [failure to pay vacation pay accrues on termination]; see also Compl. 15, 17, 25-29, 40; Opp. at p. 5 ["all wages were due on July 14, 2016" l.) The statute of limitations on breach of oral contract is 2 years. (See Cod...

Excerpt: ... state these causes of action. The FAC adequately alleges Green Flags' valid contracts with the Irvine Company. (See Quelimane Co. v. Stewart Title Guaranty co. (1998) 19 cal.4th 26, 55 [elements]; see also FAC 12, 18, 20, 33-34.) Any "ambiguities can be clarified under modern discovery procedures." (Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135; accord Ludgate Ins. Co. v. Lockheed Martn Corp. (2(M) 82 Cal.A...

Excerpt: ... Los Angeles (2015) 61 Cal.4th 1099, 1105 [elements]; see also FAC, 10-14, 22, 23 [excessive tree root growth causing dangerous condition of public property], 15, 16, 26 [dangerous condition caused by negligent or wrongful act or omission of an employee of the public entity within scope of employment], 12-14, 22-25 [tree root growth causing reasonably foreseeable risk of the kind of injury which was incurred], 13, 14, 18, 19, 27, 28 [proximately ...

Excerpt: ...tten arbitration agreement exists that covers plaintiff's claims and is governed by the FAA. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; McCachern decl., Ex. 5 ¶ 17.) All plaintiffs' causes of action “arise[] out of” or are “related to” plaintiff's use of Lyft's ride- share service. (McCachern decl., Ex. 5 ¶ 17(a); accord EFund Capital Partners v. Ples...

Excerpt: ...elevant statute prohibits employers from discharging or discriminating against an employee who is the parent of a child in K-12th grade for taking time off “to participate in activities of the school . . . of his or her child, if the employee, prior to taking the time off, gives reasonable notice to the employer of the planned absence of the employee.” (Lab. Code, § 230.8, subd. (a)(1)(A), emphasis added.) Plaintiff offers evidence of one in...

Excerpt: ...of action. It fails to allege “facts demonstrating the nature, extent or duration of [his] alleged emotional distress.” (Angie M. v. Superior Court (1995) 37 Cal.App.4th 1217, 1227.) The complaint otherwise adequately alleges the elements of this claim. When “liberally construed” (Code Civ. Proc., § 452), the complaint alleges defendants schemed together to create the false record. (Compl. ¶¶ 6-7, 10, 14.) Agency may be pleaded as an u...

Excerpt: ... substantive response is warranted. Plaintiff granted numerous extensions to defendant provide both the initial responses and further responses. (Chapin decl. ¶¶ 3, 11-13 & Exs. 8, 10-15.) Plaintiff appropriately waited to file this motion until the last day to which the parties had agreed in writing. (Code Civ. Proc., § 2030.300, subd. (c).) Although defendant stated he would provide further responses by 7/10/23 “or perhaps earlier,” this...