Excerpt: ...(Ms. Contreras) negligent supervision and training of the “Seniors on the Go!” drivers. (See Opp. at pp. 5- 6.) This theory is adequately pleaded. (See Compl. ¶27; cf. Lockhart v. County of Los Angeles (2007) 155 Cal.App.4th 289, 303.) Nor did defendant “affirmatively negate the existence of a duty.” (Eriksson v. Nunnink (2011) 191 Cal.App.4th 826, 849.) It is reasonably foreseeable that someone requesting a “door to door” ride from ...

Excerpt: ...btain a dismissal of claims in the middle of litigation. . . .'” (Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal.5th 637, 645.) “Because the anti-SLAPP statute is designed to resolve these lawsuits early, but not to permit the abuse that delayed motions to strike might entail . . . a defendant must move to strike a cause of action within 60 days of service of the earliest complaint that contains that cause of act...

Excerpt: ... 9-13, 18, 20, 22-26, 28 [transfer with actual intent to avoid obligations and resulting damages].) As plaintiff alleges actual fraudulent intent, she need not also allege constructive fraudulent intent. (Compare Civ. Code, § 3439.04, subd. (a)(1) with id., subd. (a)(2).) “Section 3439.04 is construed to mean a transfer is fraudulent if the provisions of either subdivision . . . are satisfied.” (Annod Corp. v. Hamilton & Samuels (2002) 100 C...

Excerpt: ... Cal.4th 951, 974 [fraud elements]; Daniels v. Select Portfolio Servicing, Inc. (2016) 246 Cal.App.4th 1150 [negligent misrepresentation elements]; see also X-Def. SSUF #7-9 & 23-24.) But cross-complainants met their shifted burden to show triable issues of material fact. (See Code Civ. Proc., § 437c, subd. (p)(1); Aguilar, supra, 25 Cal.4th at pp. 849- 850.) Specifically, triable issues exist as to whether cross-defendant intended Kan to rely o...

Excerpt: ...for unjust enrichment and money had and received. (See Santa Clara Waste Water Co. v. Allied World National Assurance Co. (2017) 18 Cal.App.5th 881, 886 [unjust enrichment claim alone is sufficient to support an order for prejudgment attachment]; Professional Tax Appeal v. Kennedy-Wilson Holdings, Inc. (2018) 29 Cal.App.5th 230, 238 [unjust enrichment elements]; Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460 [common count elements]...

Excerpt: ...ield Co. (2001) 25 Cal.4th 826, 851 [burden]; see also 1/21/22 SSUF #28-46 [contract], 47 [performance], 86 & 107 [breach], 116 [damages].) But defendant Powernet Inc. met its shifted burden to show triable issues of material fact. (See Aguilar, supra, 25 Cal.4th at p. 851 [burden]; see e.g. 5/6/21 Opp. SSUF at responses to #17, 21-22, 25, 28, 46, 51, 56, 90, & 100.) Issue #2, Cross-complaint. Cross-defendants Greg Debenon and Lisa Debenon fail t...

Excerpt: ..., minus $3,297.63 for unrecoverable costs. No multiplier is appropriate in this lightly litigated, straightforward case. While defendant complains generally about overstaffing and inefficiencies, “‘it is the burden of the challenging party to point to the specific items challenged, with a sufficient argument and citations to the evidence. General arguments that fees claimed are excessive, duplicative, or unrelated do not suffice.'” (Lunada ...

Excerpt: ...or Offices & Marina, LLC v. Morris Cerullo World Evangelism (2018) 23 Cal.App.5th 28, 49 [burden]; Daniels, supra, 182 Cal.App.4th at p. 216 [elements].) To show malice, “‘plaintiff must plead and prove actual ill will or some improper ulterior motive.' Improper purposes can be established in cases in which, for instance: (1) the person bringing the suit does not believe that the claim may be held valid; (2) the proceeding is initiated primar...

Excerpt: ... to allege the “when, where . . . and by what means.” (West v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 780, 793; see also FAC ¶¶ 45-46.) 5th cause of action, negligence. The FAC now states facts sufficient to constitute this cause of action. It is still true that “insurers are not ordinarily liable in negligence to their policyholders for failure to pay claims.” (9/13/21 order.) For this reason, some of the alleged misconduct w...

Excerpt: ...tion, negligent misrepresentation. Plaintiff agrees to dismiss this cause of action. (Opp. at p. 5.) 3rd cause of action, Section 17200. The SAC fails to state facts sufficient to constitute this cause of action, which is predicated on the dismissed 1st and 2nd causes of action. (See Lazar v. Hertz Corp. (1999) 69 Cal.App.4th 1494, 1505; see also SAC ¶¶ 37, 44, 46- 59.) Plaintiff asserts this claim is based on defendant's violations of Civil Co...

Excerpt: ...burden to show a written arbitration agreement exists that covers plaintiff's claims. (See Code Civ. Proc., § 1281.2; Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; see also Thayer decl., Exs. A, B.) All of plaintiffs' causes of action “arise[] out of” or are “in connection with her employment or cessation of employment.” (Thayer decl., Ex. A at pp. 4-5.) Plaintiff met her burden to show some degr...

Excerpt: ...; see also SAXC ¶¶ 20-27.) 4th cause of action, breach of fiduciary duty. The demurrer is moot in light of the ruling on the motion to strike. 5th cause of action, intentional interference. The SAXC fails to state facts sufficient to constitute this cause of action. This claim is based on contracts between the building's owners and residents. (See SAXC ¶¶ 6-8, 10, 19, 32-34.) As noted in sustaining the prior demurrer, a contracting party cann...

Excerpt: ...ontract or version thereof between which parties is at issue, fails to allege the existence of a contract with Davidson, and fails to adequately set forth the relevant terms of the contract(s) at issue. Further, it cannot be ascertained from the pleading whether the subject contract is written, oral, or implied by conduct. (Code Civ. Proc., § 430.10, subd. (g).) 2nd cause of action, breach of implied covenant. This claim is uncertain. It is unce...

Excerpt: ...plaintiff's claims. (Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; Duran decl., Ex. A, p. 6.) Plaintiff is equitably estopped from refusing to arbitrate with FCA. (See Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486.) “‘[A] nonsignatory may compel arbitration only when the claims against the nonsignatory are founded in and inextricably bound up with the obligatio...

Excerpt: ...esting the suspect outside the house if the suspects leaves the house on police orders. (See People v. Trudell (1985) 173 Cal.App.3d 1221, 1229-1230.) Trudell also found the suspect left the house voluntarily. Taking the complaint's allegations to be true, as we must, here the officers lacked probable cause. Under California law, a police officer lacks immunity for false imprisonment when the arrest lacks probable cause. (See Cornell v. City & Co...

Excerpt: ...ase may negate the duty element of a negligence action”]; see also Def. SSUF #17-21.) But plaintiff met his shifted burden to show triable issues of material fact whether defendant acted with gross negligence, liability for which cannot be released. (See Jimenez v. 24 Hour Fitness USA, Inc. (2015) 237 Cal. App. 4th 546, 554 [a “release cannot absolve a party from liability for gross negligence], 558 [“deliberately” arranging gym equipment...

Excerpt: ...¶¶ 2-6 & Exs. A-C.) Defendant has not substantiated his objections. (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98 [responding party's burden to justify objections].) Defendant's “document dump” of over 80,000 pages (Cronin decl., ¶¶ 2-4), does not obviate the need to provide code-complaint responses. Moreover, there is no evidence the items produced were “identified with the specific request number to which the documents resp...

Excerpt: ...burden to show a probability of prevailing on its claims. (McGarry v. University of San Diego (2007) 154 Cal.App.4th 97, 112-113 [defamation elements].) Plaintiff has shown the Instagram post was published. (Cf. Jackson v. Mayweather (2017) 10 Cal.App.5th 1240, 1259-1261 [publication by social media post]; see also Wong decl. ¶ 13 [“Rusty's Instagram page . . . has over 51,000 followers].) Plaintiff has shown that “Rusty USA uses forced labo...

Excerpt: ...epartment pretrial order. The order is available on the department website and will be separately filed. The pending motion to post security does not warrant continuing the CMC or otherwise delaying litigation. If security is ultimately ordered and not posted, we will revisit things then. Motion to compel re form interrogatories Plaintiff Toni Freeland's motion to compel is granted. Defendants Adelanto Koala Farm LLC and Dmitriy Chebotarev shall ...

Excerpt: ...nd concise language”; see also Craig v. City of Los Angeles (1941) 44 Cal.App.2d 71, 73 [complaint “attempts to state numerous causes of action in a very loose and rambling manner without any attempt at separately stating them”].) The court cannot tell what causes of action are asserted, which titles correspond to which counts, whether they claims are direct or derivative, which defendants they are asserted against, or where the body of the...

Excerpt: ...ies are not code- compliant. Interrogatory answers may not be based on “information and belief.” (See Code Civ. Proc., §§ 2030.220, subd. (c), 2030.250.) “If the responding party does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the informa...

Excerpt: ...ments” nor “establish Defendant's proffered reason was pretext . . . or that Defendant had discriminatory animus towards Plaintiff.” (Not. at p. 2.) But as briefed, defendant assumes a prima facie case for sake of argument and contends that it had a legitimate business reason for terminating plaintiff, which plaintiff cannot show to be pretext. (See Mot. at pp. 6-8; see generally McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792 [three-s...

Excerpt: ...ndants have their places of incorporation and principal places of business in California. (Daimler AG v. Bauman (2014) 571 U.S. 117, 136-138; accord 10/13/21 Bovard decl. ¶¶ 3-6, 25-42.) Nor have plaintiff shown these defendants (except Bovard) are subject to specific jurisdiction in California. “‘[S]pecific jurisdiction is confined to adjudication of issues deriving from, or connected with, the very controversy that establishes jurisdictio...

Excerpt: ...atute of limitations date.” (Carrillo v. Merck and Co., Inc. (C.D. Cal., Case No. 8:21-cv- 00530-JLS-ADS, Sep. 1, 2021) 2021 WL 3910730, at *3; accord Pooshs v. Philip Morris USA, Inc. (2011) 51 Cal.4th 788, 801-802 [different discovery dates for injuries arising at different times]; Compl. ¶ 357 [alleging various injuries occurring on unspecified dates].) 8th cause of action, battery. The complaint states facts sufficient to constitute this c...

Excerpt: ... Inc. (C.D. Cal., 2021, No. 8:21-CV- 00001-DOC-(KESx). (See Villacres v. ABM Industries Inc. (2010) 189 Cal.App.4th 562, 576; see also Def. RFJN Exs. 7-14.) “‘“A party cannot by negligence or design withhold issues and litigate them in consecutive actions. Hence the rule is that the prior judgment is res judicata on matters which were raised or could have been raised, on matters litigated or litigable . . . .'”” (Villacres, supra, 189 C...