Excerpt: ...dren and families are known to cross and/or play.” These allegations adequately plead despicable conduct. (See Lackner v. North (2006) 135 Cal.App.4th 1188, 1210-1213.) Defendant shall give notice. ...

Excerpt: ...l fails to state facts sufficient to constitute this cause of action. It still fails “‘to show an intention or purpose to convert the goods and to exercise ownership over them, or to prevent the owner from taking possession of the property'”].) (Spates v. Dameron Hospital Assn. (2003) 114 Cal.App.4th 208, 222.) At best and putting aside contrary allegations, the SAC alleges defendants intentionally left their gate open. (See SAC ¶¶ 30- 37...

Excerpt: ... 570 hours, a reasonable rate for which would be $500 per hour. That makes a subtotal of $285,000. To this, the court add a 33% multiplier of $94,050. Plaintiff's counsel persevered through the death of his client, a defense verdict on the first trial, an appeal, and the loss of witnesses and evidence over many years. The total award is thus $379,050, which reflects an objectively reasonable award for the work in this case. (See PLCM Group v. Dre...

Excerpt: ...ecessarily time-barred. (See Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403.) None of the three documents upon which defendants rely shows on its face when plaintiff Dawn Thorson knew of the alleged misconduct. Exhibit 4 shows when plaintiff was appointed special administrator of the Posner estate, but it does not show what she knew. Exhibits 2 and 8 show what the other three plaintiffs knew, but they do not show what this p...

Excerpt: ... ‘to out-of-state persons or corporations engaged in commerce.'” (Heritage Marketing & Ins. Services, Inc. v. Chrustawka (2008) 160 Cal.App.4th 754, 759.) “[S]ection 351 [does] not violate the commerce clause ‘when applied to a non-commercial defendant not engaged in interstate commerce.'” (Id. at p. 761.) The face of the FAC does not show any connection to interstate commerce. It does not allege defendants are nonresidents doing busine...

Excerpt: ...e diligence have been presented earlier. (Code Civ. Proc. § 1008, subd. (a); see also Even Zohar Const. & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal.4th 830, 839; Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192, 1198-1200.) Plaintiffs' alternative request for a new trial is untimely in two ways. First, plaintiffs failed to file and serve a timely notice of intention. (See Code Civ. Proc., § 659.) Second, plaintiffs...

Excerpt: ...et its burden to show a written 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]; Shepard v. Edward MacKay Enterprises, Inc. (2007) 148 Cal.App.4th 1092, 1101 [FAA]; see also Remy decl. ¶¶ 4-6 & Ex. A.) Plaintiff does not dispute signing the agreement. His failure to recall doing...

Excerpt: ...nt showed she does not have an adverse claim to plaintiff's interest in the subject property. The adverse claimant is the judgment creditor under the recorded support order. That would be plaintiff's ex-wife. (See Fitzgerald decl. ¶¶ 6, 8, Ex. 3; 5/16/19 Notice of Errata, Ex. A; Chen decl. ¶ 3, Ex. B; Hibert decl. ¶¶ 6-7; see also Code Civ. Proc., §§ 680.230, 680.240, 680.270, 697.320.) Plaintiff fails to meet his shifted burden to show a ...

Excerpt: ...said: “I'm going to kill him. I'm going to rip his head right off.” The Los Angeles Superior Court issued a civil harassment restraining order protecting the witness from Mueller. The court heard live testimony from the witness and Mueller. It expressly found Mueller made a “clear, credible threat of violence.” Mueller also violently threatened an officer of this court. After insulting defense counsel, Mueller said “I'm bigger than you�...

Excerpt: ...les of Court, Rule 8.278 [costs and fees on appeal].) Plaintiff may recover contractual attorney fees even though he “prevail[ed] on grounds the contract is inapplicable, invalid, unenforceable or nonexistent” – under the clause, defendant “would have been entitled to attorney's fees had it prevailed.” (Hsu v. Abbara (1995) 9 Cal.4th 863, 870.) This clause expressly singles out arbitration-related attorney fees. Plaintiff prevailed on t...

Excerpt: ...alifornia with sufficient minimum contacts substantially related to this contract dispute. (See Pavlovich,supra, 29 Cal.4th at p. 269 [purposeful availment]; see also Goehring v. Superior Court (1998) 62 Cal.App.4th 894, 907 [contract factors]; accord Burger King Corp. v. Rudzewicz (1985) 471 U.S. 462, 477-482 [same].) Plaintiff showed defendant reached out to plaintiff in California to initiate the transaction, then sent a representative to Cali...

Excerpt: ... v. Bodokh(2019) 35 Cal.App.5th 761.) Defendant has not shown plaintiff's claims were frivolous, unreasonable, or groundless, let alone based on perjured testimony. Plaintiff was repeatedly impeached at trial, no question. But defendant fails to show plaintiff was willfully lying. “People often forget things or make mistakes in what they remember.” (CACI No. 107.) Besides, the jury was one vote away from hanging. Three jurors found for plaint...

Excerpt: ...onse to identifying its policies regarding suspicion of fraud with respect to claims for stolen vehicles. The parties shall meet and confer to reach a stipulated protective order. The rest of Special Interrogatory #3 is vague, ambiguous, irrelevant, and overbroad on its face. Special Interrogatories 1 and 2 are vague and ambiguous. What facts relate to a corporate policy? Who are the witnesses to a corporate policy? Special Interrogatories 4 and ...

Excerpt: ...gence have been presented earlier. (Code Civ. Proc. § 1008, subd. (a); see also Even Zohar Const. & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal.4th 830, 839; Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192, 1198-1200.) Plaintiffs' alternative request for a new trial is untimely in two ways. First, plaintiffs failed to file and serve a timely notice of intention. (See Code Civ. Proc., § 659.) Second, plaintiffs made ...

Excerpt: ...in plaintiffs' contentions and “the facts, witnesses, and writings” on which they are based. (Code Civ. Proc., § 2030.010, subd. (b).) And defendants offered to withdraw duplicative interrogatories. Plaintiffs fail to show responding to the special interrogatories would cause “unwarranted annoyance, embarrassment, or oppression or undue burden and expense.” (See Code Civ. Proc. § 2030.090, subd. (b)). Plaintiffs fail to show exactly wha...

Excerpt: ...sed by inexcusable neglect or avoidance of service. (See Code Civ. Proc. § 473.5; see also Trackman v. Kenney(2010) 187 Cal.App.4th 175, 180.) Finally, defendant has also not shown with admissible evidence that the entry of default was due to extrinsic fraud or mistake. The court grants plaintiff's request for judicial notice. It will take notice of the court records' existence, filing, and legal effect – but will not take notice of the truth ...

Excerpt: ... their posttrial settlement. The court need not assign blame – the parties either completed their settlement or they did not. Because this case has not settled, the court will issue its ruling forthwith. Plaintiffs' request for posttrial damages and relief is denied without prejudice. They have not shown the court retained jurisdiction to enforce the settlement by way of motion. (Cf. Code Civ. Proc., § 664.6.) The relief plaintiffs seek now wa...

Excerpt: ...n, negligence. The complaint states facts sufficient to constitute this cause of action. (See Mendoza v. City of Los Angeles (1998) 66 Cal.App.4th 133, 1339 [elements]; see also Compl. ¶¶ 14-17.) “There is no need to require specificity in the pleadings.” (Ludgate Ins. Co. v. Lockheed Martin Corp. (2000) 82 Cal.App.4th 592, 608 (Ludgate).) 2nd cause of action, premises liability. The complaint states facts sufficient to constitute this caus...

Excerpt: ...tual intention to enter into a binding contract. (See Civ. Code § 1621; see also 1 Witkin, Summary of Cal. Law (10th ed. 2005), Contracts §§ 102, 103). The alleged portions of the Code of Conduct, Referee Complaint Policy, and Prohibitions Against Misconduct Against Referees are not the sort of public notice that constitute an offer. (See generally Donovan v. RRL Corp. (2001) 26 Cal.4th 261, 271-273.) 3rd cause of action, breach of contract. T...

Excerpt: ...d December 2014 and December 2015. Defendant may redact any information that deals exclusively with peer review of the physician's medical performance and suggestions for improvement as to medical care. While defendant's supplemental privilege log filed with the parties' Joint Statement fails to comply with the court's order, it is apparently sufficient for the parties' purposes. Yet the log still fails to establish that the performance monitors ...

Excerpt: ...fied under modern discovery procedures.” (Ibid.) 1st cause of action, elder abuse The complaint states facts sufficient to constitute this cause of action. (See Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396 [elements].) It sufficiently alleges defendant's responsibility for meeting the elder's basic needs (Compl. ¶¶ 13-14 & 20); defendant's knowledge of conditions that made the elder unable to provide for basic nee...

Excerpt: ...(b).) They fail to show excusable neglect. (See Generale Bank Nederland, N.V. v. Eyes of the Beholder Ltd. (1998) 61 Cal.App.4th 1384, 1399; Transit Ads, Inc. v. Tanner Motor Livery, Ltd. (1969) 270 Cal.App.2d 275, 286-287.) The vague assertions continue to lack credibility. (Compare 1/2/19 minute order with Swan decl. at 10:23-11:4.) Defendants fail to show the judgment is void. (See Code Civ. Proc. §473, subd. (d).) Motion for Relief from Admi...

Excerpt: ...inute order.) That limited information seemed sufficient to allow plaintiffs to determine whether the tire met the industry standard. The court allowed defendant to respond to the reply declaration of plaintiff's expert, who had opined the industry standard is 100% halobutyl. In the new declaration, defendant's expert opines the industry standard is not 100% halobutyl. The specific percentage of halobutyl has thus become relevant, necessary, and ...

Excerpt: ...pany, Inc. v. Mach-1 Autogroup (G048082, Apr. 3, 2015,) [nonpub. opn.].) “An unqualified reversal remands the cause for a new trial [citation], and places the parties in the trial court in the same position as if the cause had never been tried, with the exception that the opinion of the court on appeal must be followed so far as applicable.” (Central Sav. Bank of Oakland v. Lake (1927) 201 Cal. 438, 443.) Cross-defendants' concerns about whet...

Excerpt: ...or causation with sufficient specificity. (See Lazar v. Superior Court (1996) 12 Cal.4th 631, 638 [elements], 645 [specificity].) 5th-6th causes of action, fraud/negligent misrepresentation. The FAC fails to state facts sufficient to constitute these claims. It fails to allege a misrepresentation, plaintiff's reasonable reliance, or resulting damages with sufficient specificity. (See Lazar, supra, 12 Cal.4th at pp. 638, 645 [fraud]; see also Smal...