Excerpt: ...y federal or state court located within Maricopa County, Arizona over any dispute arising out of or relating to this Agreement.” (Cross-Compl. Ex. A at ¶ 7.3.1.) Cross-complainant G Companies Management LLC has not met its burden to show enforcement would be unreasonable or unfair. (See Drulias v. 1st Century Bancshares (2018) 30 Cal.App.5th 696, 703.) Rather, the evidence shows a reasonable relationship between the forum and the transaction. ...

Excerpt: ... 6/18/21 supplemental response. (See Code Civ. Proc., § 2030.300, subd. (c).) The previously agreed-to 7/19/21 deadline was apparently calculated based on defendant's 4/9/21 supplemental responses. (See Burrows Decl., ¶¶ 9-15.) The 4/26/21 order addressed defendant's original responses only, not any further supplemental responses. Plaintiff adequately met and conferred about this motion. (Del Rosario decl., ¶¶ 9-11 & Exs. 7-9.) Defendant's r...

Excerpt: ...nal Health 301, Inc. v. Tyco Electronics Corp. (2008) 169 Cal.App.4th 116, 133-134 (Cardinal Health) [tolling during repairs generally rests on same legal basis as estoppel]; Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 Cal.App.4th 175, 186 (Superior Dispatch) [“A defendant may be equitably estopped from asserting a statutory or contractual limitations period as a defense if the defendant's act or omission caused the plaint...

Excerpt: ... terms], BC-2 [breach], BC-3 [performance], BC-4 [proximately caused damages].) And “plaintiff may plead the legal effect of the contract rather than its precise language.” (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198–199.) Nor has defendant shown the statute of frauds bars this claim on its face. The FAC does not allege the employment contract could not be performed within one year. “[I]f a...

Excerpt: ...9, &c.) and personally served. (See Code Civ. Proc., § 527.6, subd. (i).) A request filed on the proper forms will be routed to Dept. C66. In addition, the complaint fails to state facts sufficient to constitute a cause of action for civil harassment. (Code Civ. Proc., § 430.10, subd. (e).) “Harassment” is a limited term of art. It includes only “unlawful violence, a credible threat of violence, or a knowing and willful course of conduct ...

Excerpt: ...agree, it is superfluous.” (Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, 352.) “If the allegations do not go beyond the statement of a mere contract breach and, relying on the same alleged acts, simply seek the same damages or other relief already claimed in a companion contract cause of action, they may be disregarded as superfluous as no additional claim is actually stated.” (Careau & Co. v. Security Pacific Business Credit, Inc. ...

Excerpt: ...ion agreement covers plaintiff's claims. (See Code Civ. Proc., § 1281.2; Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972 [burden]; see also Dryer v. Los Angeles Rams (1985) 40 Cal.3d 406, 409-410, 418 [“If, as the complaint alleges, the individual defendants, though not signatories, were acting as agents for the [signatory entity], then they are entitled to the benefit of the arbitration provisions”]; see also Zollers de...

Excerpt: ...om protected activity. (See Code Civ. Proc., § 425.16, subd. (e); see also City of Cotati v. Cashman (2002) 29 Cal.4th 69, 78.) These claims arise out of the unprotected conduct of transferring property and debts, not any protected conduct related to the legal separation. (See Code Civ. Proc., § 425.16, subd. (e); Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, 1060, 1062-1064 [a “claim may be struck only if th...

Excerpt: ...nce.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 855.) While defendant's evidence tends to show plaintiff didn't see what caused the accident (Def. SSUF #3-6), defendant has not shown that plaintiff “cannot reasonably obtain” evidence about the accident. (Aguilar, at p. 855.) Even if moving party had met its initial burden, plaintiff Luis Ceniceros met his shifted burden to show a triable issue of material fact as to causatio...

Excerpt: ...n (2002) 29 Cal.4th 69, 78 [burden]; Daniels v. Robbins (2010) 182 Cal.App.4th 204, 215 [malicious prosecution]; Booker v. Rountree (2007) 155 Cal.App.4th 1366, 1370 [abuse of process]; Newport Harbor Offices & Marina, LLC v. Morris Cerullo World Evangelism (2018) 23 Cal.App.5th 28, 45 [filing unlawful detainer]; see also Compl. ¶¶ 8, 10, 12-13, 21-22, 24-26, 28-31.) Plaintiff does not dispute this. Plaintiff fails to meet his shifted burden to...

Excerpt: ...l. ¶¶ 4, 13-14.) “‘[C]elebrity gossip' [is] properly considered, under established case law, as statements in connection with an issue of public interest: ‘In general, “[a] public issue is implicated if the subject of the statement or activity underlying the claim ... was a person or entity in the public eye.'” (Jackson v. Mayweather (2017) 10 Cal.App.5th 1240, 1254.) No doubt, “celebrity status, on its own, is not sufficient to ren...

Excerpt: ...ctice Guide: Civil Proc. Before Trial (The Rutter Group 2020) § 9:612; see also 3/8/21 minute order.) As to the remaining defendants, CDHF Property Management LLC and Won Cha, plaintiffs have failed to show that a preliminary injunction is warranted after weighing both “the likelihood [they] ultimately will prevail on the merits and the relative interim harm to the parties from the issuance or nonissuance of the injunction.'” (Whyte v. Schla...

Excerpt: ...y on those statutory duties – including nuisance, negligence, and fraud. (See Opp. at p. 2.) “As the party moving for summary judgment, [defendant] had the burden to show that it was entitled to judgment with respect to all theories of liability asserted by [plaintiff].” (Lopez v. Superior Court (1996) 45 Cal.App.4th 705, 717; accord Hawkins v. Wilton (2006) 144 Cal.App.4 th 936, 942 [“motion for summary judgment should have been denied b...

Excerpt: ...nce shows Robin Bufanda's implant was manufactured differently or that any difference caused injury; and (3) no evidence shows any design defect caused injury. Defendant met its initial burden on the first issue – no evidence of failure to warn. (See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 853 [burden]; Code Civ. Proc., § 437c, subds. (a), (p)(2) [same]; see generally Nelson v. Superior Court (2006) 144 Cal.App.4th 689, 695 [e...

Excerpt: ...ve to use a computer, rather than a tablet or smartphone.) Plaintiff's counsel has no greater right to attend this examination than any other mental examination. The parties may agree in writing to conduct the exam at a different date/time/location or to conduct the examination in person. Defendant's sanctions request is denied. Plaintiff's failure to make arrangements to be present for the entire exam on one day may have been due to miscommunica...

Excerpt: ...t claim requirement. Defendant fails to show plaintiff did not give adequate notice. (See Gov. Code, §§ 910, 945.4; Stockett v. Association of Cal. Water Agencies Joint Powers Ins. Authority (2004) 34 Cal.4th 441, 447 [notice adequate if is sets out “fundamental” act or omission, unless complaint makes “‘a complete shift in allegations'”]; Blair v. Superior Court (1990) 218 Cal.App.3d 221, 224, 226-227 [a “charge of negligent constr...

Excerpt: ...ected to refer to the 4th cause of action. The order expressly discusses the conspiracy claim – that is the 4th cause of action, not the 3rd. Otherwise, the 2/22/21 remains the order of the court. (See Weil & Brown, Cal Practice Guide: Civ. Proc. Before Trial (The Rutter Group 2020) ¶ 9:332 [granting reconsideration “does not mean . . . the court must change its mind”].) The moving papers show no reason for a different ruling. Attorney Fee...

Excerpt: ...ld them a 50% interest in Eliquis. (FACX ¶¶ 16, 18, 33.) This states a direct claim by cross-complainants – they are the ones who lost a 50% interest in Eliquis. 2nd cause of action, breach of contract. The FAXC states facts sufficient to constitute this cause of action. It sufficiently alleges the contract “‘“was made expressly for [Eliquis's] benefit and one in which it clearly appears that [Eliquis's] was a beneficiary.”'” (The H...

Excerpt: ...iary presumption that affects the standard of care in a cause of action for negligence.” (Turner v. Seterus, Inc. (2018) 27 Cal.App.5th 516.) Thus, these “causes of action” are duplicative of the 4th cause of action for negligence. (See Palm Springs Villas II Homeowners Assn., Inc. v. Parth (2016) 248 Cal.App.4th 268, 290.) Leave to amend is limited to amending the 4th cause of action to incorporate allegations from the 1st and 2nd cause of...

Excerpt: ... 10-14, 17-20.) Plaintiff Scott Smith failed met his shifted burden to “provide the court with sufficient evidence to permit the court to determine whether ‘there is a probability that the plaintiff will prevail on the claim.'” (DuPont Merck Pharmaceutical Co. v. Superior Court (2000) 78 Cal.App.4th 562, 568.) As to the malicious prosecution claim, plaintiff failed to offer evidence making a prima facie showing of a lack of probable cause. ...

Excerpt: ...niels v. Robbins (2010) 182 Cal.App.4th 204, 215 [malicious prosecution]; Booker v. Rountree (2007) 155 Cal.App.4th 1366, 1370 [abuse of process]; Newport Harbor Offices & Marina, LLC v. Morris Cerullo World Evangelism (2018) 23 Cal.App.5th 28, 45 [filing unlawful detainer]; see also Compl. ¶¶ 8, 10, 12-13, 21, 29.) As to the 1st cause of action for malicious prosecution, plaintiff met his shifted burden to “provide the court with sufficient ...

Excerpt: ...ced records confidential and use them for this litigation only. The parties have resolved their disputes except as to Categories #3-6. (See Zins decl. Ex. F at pp. 3-5.) Category 3, Physical or Mental Health. Plaintiff has tendered his mental and physical health in this matter. (See Evid. Code §§ 996, 1016; Vinson v. Superior Court (1987) 43 Cal.3d 833, 839-840; see also FAC ¶¶ 11 & 18.) Category 4 & 6, Misconduct and Performance Evaluations....

Excerpt: ....App.4th 1250, 1280; accord Compl. at ¶ 19.) 1st cause of action, Civ. Code § 2924. The complaint fails to state facts sufficient to constitute a cause of action. Judicially noticeable documents show Barrett Daffin Frappier Treder & Weiss LLP was properly substituted as trustee on 5/8/19, prior to the 5/24/19 recordation of the notice of default. (See Civ. Code, § 2934a, subd. (d)(4) [“Once recorded, the substitution shall constitute conclus...

Excerpt: ...016) 1 Cal.5th 376, 395- 396 [motion may strike individual “claims for relief”]; see also Mot. at p. 4:15-19 [targeting specified claims].) “An unlawful detainer action and service of notices legally required to file an unlawful detainer action are protected activity within the meaning of section 425.16.” (Newport Harbor Offices & Marina, LLC v. Morris Cerullo World Evangelism (2018) 23 Cal.App.5th 28, 45.) The complaint expressly seeks r...

Excerpt: ...s conference re binding arbitration for 10/4/21 at 10 am in Dept. C15. Defendants have met their 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 Valencia Decl. ¶¶ 1-8; Def. Ex. 4 ¶ 24.) Plaintiff has not shown grounds to deny enforcement of the arbitration agreement. Plaintiff's...