Excerpt: ...amily 1998 Revocable Trust, and Defendants Brenda Mandelbaum and Uri Mandelbaum, as trustees of the Mandelbaum Trust dated November 1, 1988. 2. Defendant SNP Pharmacy, LLC received no consideration for transferring all its interests in the Batavia Property to Defendants Bentzion Mandelbaum and Michelle Mandelbaum, as trustees of the Mandelbaum Family 1998 Revocable Trust, and Defendants Brenda Mandelbaum and Uri Mandelbaum, as trustees of the Man...

Excerpt: ...aintiff's gross negligence claim (FAC, page 20, 104-106; page 24 at line 22). The remainder of the motion is denied. Defendants move to strike the claim for exemplary and punitive damages and all references supporting the same in the FAC. A plaintiff may recover exemplary damages in an action for the breach of an obligation not arising from contract if the plaintiff proves by clear and convincing evidence that defendants are "guilty of oppression...

Excerpt: ...l. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) '19.53. la.) Failure to Serve Statement of Damages Prior to Entry of Default Defendant contends the default and default judgment are void because Plaintiff Paul Barnat, D.D.S., failed to serve a statement of damages prior to seeking entry of default. Code of Civil Procedure section 425.11 states in pertinent part: (b) When a complaint is filed in an action to recover damages ...

Excerpt: ... However, the Court declines to consider Plaintiffs' supplemental brief filed on November 28, 2023. Evidentiary Objections Omar Daher's objection to paragraph 41 of Joseph Dib's 11/13/2023 Declaration is sustained. Omar Daher's objections to paragraphs 21, 22, 24 (erroneously numbered 21 on page 8, line 12), 25, and 33 of Monica Dib's 11/13/2023 Declaration are sustained. Omar Daher's objection to paragraph 24 of Nassar's Declaration is sustained...

Excerpt: ...s." (Olinick v. BMG Entertainment (20436) 138 Cal.App.4th 1286, 1294.) Code of Civil Procedure section 418.10, subdivision states: "A defendant, on or before the last day of his or her time to plead or within any further time that the court may for cause allow, may serve and file a notice of motion . [t]o stay or dismiss the action on the ground of inconvenient forum." California (and federal) courts presume the validity of forumselecton clauses....

Excerpt: ....) On May 12, 2023, the court ordered Plaintiff to provide further responses to TWDC Enterprises 18 Corp. motions to compel further responses to form interrogatories, set one, special interrogatories, set one, and requests for production of documents, set one, within 20 days of notice of the ruling. The court also ordered Plaintiff to provide further responses to Defendant Walt Disney Parks and Resorts U.S., Inc.'s motions to compel further respo...

Excerpt: ...ne. "[A]ll that is necessary is to call the court's attention to such papers." (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2020) '1 9.53.1a.) The fourth dtNument, Exhibit D, is the certificate of title and DMV renewal notice for Decedent's car, which Defendant also submitted as evidence. (See Evidence in Support ["EIS"; ROA 1361, Exh. F [LaSola Decl., at 8.) The court will consider certificate of title and D...

Excerpt: ...209 Cal.App.4th 182, 194 [noting that the court may take judicial notice of a recorded deed, but declining to do so where deed was not relevantl.) Evidentiary Objections The court declines to rule on Plaintiff's and Defendants' evidentiary objections. (CINIe Civ. Proc., S 437c, subd. Applicable Law "[Flrom commencement to conclusion, the party moving for summary judgment the burden of persuasion that there is no triable issue of material fact and...

Excerpt: ...ew evidence is not permitted with reply papers ... '[T]he inclusion of additional practice .. evidentiary matter with the reply should only allowed in the exceptional case . and if permitted, the other party should be given the opportunity to respond." (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) Reply evidence should not address substantive issues in the first instance but only fill gaps in the evidence created by opposition. (ld. a...

Excerpt: ... Cal.App.4th 1120, 1125.) The challenge is limited to the "four corners" of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to in...

Excerpt: ...(2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff." (Coles v. Glaser (2016) 2 Cal.App.5th 384, 391.) A written contract may be pleaded either by its terms set out verbatim in the complaint, or a copy of the contract attached to the complaint and incorporated therein by reference, or by its legal effect. (Miles v. Deutsche Bank National Trust Company (2015) 236 Cal.App.4th ...

Excerpt: ...ocuments. The court "may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person." (Code Civ. Proc., S 1987.1, subds. (a), (b).) The party claiming a violation of the constitutional right of privacy must "[1] establish a legally protected privacy interest, [2] an objectively reasonable expectation of privacy in the given circu...

Excerpt: ...lt abuse/neglect. "The purpose of the [Elder Abuse Act] is essentally to protect a particularly vulnerable portion of the from gross mistreatment in the form of abuse and custodial neglect." (Delaney v. Baker (1999) 20 Cal.4th 23, 33.) Pursuant to Welfare and Institutions Code section 15610.57, neglect means the "negligent failure of any person having the care or custody of an elder or a dependent adult to exerc:ise that degree of care that a rea...

Excerpt: ...Appeal issued its opinion. (ROA 179 [case number G051416].) The May 6, 2022 order denying Defendant Sylvia Nuttall's special motion to strike (Code Civ. S 425.16) as to the third, fourth, fifth, eighth, ninth, and tenth causes of action was affirmed. The order was also affirmed with respect to allegations of theft and related misconduct, which in part, support the second, sixth, and seventh causes of acton. (ROA 179.) The Court of Appeal held tha...

Excerpt: ...ed the deposition of Defendant to take place on December 15, 2022. (Bournazian Decl. '14-5, Exh. 3.) aut as the court previously ruled in a nearly identical motion, Defendant was in default from November 21, 2022 to July 7, 2023, and could not appear at the deposition. (See Req. for Entry of Default [ROA 14]; 5/19/2023 Minute order [ROA 521; 7/7/2023 Minute order [ROA 901.) Because defense counsel was unable to obtain a stipulation to set aside t...

Excerpt: ...e of the proof of service filed in this achon on May 24, 2023, is denied. It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. A party may "simply call the court's attention to such papers." (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) '1 9:53.1a.) Defendants move for an order quashing the service of summons and complaint purportedly effected by Plaintif...

Excerpt: ... properly electronically bookmarked. (See Cal. Rules of Court, rule 3.110(f)(4).) In addition, Plaintiffs filed those exhibits in five volumes, without indices as to what was in each volume. Each of the volumes was over pages, two were over pages. Some of the volumes started in the middle of an exhibit. Besides proper tabbing, a table of contents for each volume would have greatly assisted the court and its staff. Request for Judicial Notice Defe...

Excerpt: ...s.) Merits The only cause of achon alleged against Airbnb is the first cause of action for strict products liability. The FAC alleges that Airbnb "supplied various products, specifically properties for short-term rentals, including but not limited to the property located at 16387 South Pacific Avenue, Sunset Beach, California 90742 (the (FAC, at '1 10.) Airbnb is a "broker of properties for short-term rentals" and placed the "Product into the str...

Excerpt: ...l be an element of the costs of suit." Section 1717, (a) also states in relevant part: In any acton on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, s...

Excerpt: ...ains the same for the entire action's duration. Aquino argues on demurrer that Pinon fails to allege compliance with the claim requirements of Probate Code sections 9351, 9370, and A plaintiffs right to recover against the decedent or the estate is contingent on having filed the claim on which the action is based in the probate proceedings or having presented it to the decedent's personal representative in accordance with the Probate Ctxle. (Prob...

Excerpt: ... entitled "Defendants TWOC Enterprises 18 Corp. Formerly Known as the Walt Disney Company and Walt Disney Parks and Resorts U.S., Inc.'s Motion to Strike Plaintiffs' Untimely Opposition to Defendants' Motion for Contempt, Terminating Sanctions, and Monetary Sanctons in the Sum of and Reply to Plaintiffs' untimely Opposition to Defendants' Motion". (ROA 287.) It appears that because the caption of the document suggested that it was another motion,...

Excerpt: ...o the remainder of that item or category. (b) If the respond-ng party objects to the demand for inspection, copying, testing, or sampling of an item or category of item, the response shall do both of the following: (1) Identify with particularity any document, tangible thing, land, or electronically stored information falling within any category of item in the demand to which an objection is being made. (2) Set forth clearly the extent of, and th...

Excerpt: ...iality, trade secret, attorney-client privilege or work product but must provide a privilege log for the documents it withholds on these grounds. Meet and Confer Efforts Defendant argues that Plaintiff failed to sufficiently meet and confer. (Opp., at pp. 2-3.) Plaintiff's counsel sent a lengthy letter on May 25, 2023 discussing what it described as Defendant's deficient discovery responses to special interrogatories, form interrogatories, and re...

Excerpt: ...icial notice of a recorded deed, but declining to do so where deed was not relevantl.) Defendant's request for judicial notce of Plaintiff's Complaint previously filed in this case is denied. "[Alll that is necessary is to call the court's attention to such papers." (We-I & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) '1 9.53.1a.) Federal Arbitration Act ("FAA") Defendant contends that the FAA applies. (Mot., a...

Excerpt: ...fidavits, declarations, depositions, and other such material which was filed on behalf of the adverse party and which purports to contradict the allegations and contentions of the plaintiff. [Citation.]" (See Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 605.) Pursuant to Code of Civil Procedure secton 438, subdivision (b)(l), a party may move for judgment on the pleadings. A defendant may move for a judgment on the ple...