Excerpt: ...: “1) Defendant Saeid Maralan's Motion for Order to Stay Proceedings pending the Resolution of Related Criminal Investigation or until the Current Felony Charges are Resolved. Grant. The Motion to Stay is GRANTED. Pursuant to Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, the court will stay the action until after August 2013, when the statute of limitations will run. The stay is granted for discovery and trial as to Defendant Saeid ...

Excerpt: ... as those exhibits are not attached to the pleading. Plaintiff is granted ten (10) days leave to amend. The remaining requested relief is denied. Injunctive relief is specifically permitted per Civil Code § 3439.07(a)(1)(A). Compensatory damages are permitted. See, Taylor v. S & M Lamp Co. (1961) 190 Cal.App.2d 700, 706. Attorney fees are recoverable. See, Cardinale v Miller (2014) 222 CA4th 1020, 1024–1026. The prayer for punitive damages is ...

Excerpt: ...sion is distinguishable as Dr. Falvey has set forth the medical and hospital records relied on and set forth reasons for his opinions. Also, the plaintiff in Kelley submitted a proper expert declaration in opposition that the physician in that case fell below the standard of care. Plaintiff has not submitted any proper expert declaration by a medical expert opining that Defendant fell below the standard of care and/or how such breach was a cause ...

Excerpt: ...ates (1985) 38 Cal.3d 488, 499 [listing factors]; TSI Seismic Tenant Space, Inc. v. Superior Court (2007) 149 Cal.App.4th 159, 166 [factors also include settlor's potential liability for indemnity].) Moving party has failed to make this showing. Competent evidence demonstrating, inter alia, (1) the nature and extent of the settling party's potential liability, (2) the settling party's financial condition and/or applicable insurance policy limits ...

Excerpt: ...ition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due.” (Underscore added.) As is apparent from this se...

Excerpt: ...leave to depose Attorney Kevin Bone is DENIED without prejudice. At this time Plaintiff has not met his burden of showing there is no other method to obtain information regarding the allegedly forged federal documents other than through Mr. Bone. Further, Plaintiff has not adequately shown how Mr. Bone's testimony is “crucial” to the preparation of his case. Spectra-Physics v. Superior Court (1988) 198 C.A.3d 1487. Moving party to give notice...

Excerpt: ...ntiff filed a “Consent to Arbitration and Staying This Action.” At a case management conference on April 20, 2018, plaintiff Lisa A. Olsen again indicated that she was willing to arbitrate, but defendants (through defendant Farifteh Shahbazian) (all defendants by that date representing themselves in this litigation) indicated that defendants no longer wished to proceed to arbitration. The Minute Order of that date notes “Court informs defen...

Excerpt: ... RFPD responses by plaintiffs Roger Hogan, Capistrano Toyota and Claremont Toyota, and to compel further responses to special interrogatories by plaintiff Roger Hogan, and all future discovery motions between these parties, are Ordered submitted to a discovery referee. The Court finds that a discovery referee is warranted in this case based on claims of trade secrets, privacy rights, third party rights of privacy and overbreadth. Any and all disc...

Excerpt: ... denied. Defendant failed to establish that her lack of actual notice in time to defend was not caused by her avoidance of service or inexcusable neglect, and Defendant failed to serve and file with the notice of motion a proposed Answer or other pleading to be filed. (CCP § 473.5(b).) Counsel for moving party to give notice. ...

Excerpt: ...ighbors. See, Olvera, at 42. Plaintiff's process server went to a property where defendant Fiesler's mother resided but there is no evidence of any inquiry as to defendant Robert Fiesler's address after his mother indicated that defendant Robert Fiesler did not reside at that address. Similarly, there is no evidence that plaintiff Godfrey searched tax rolls and the register of voters. As to reasonable diligence, the Kott court also explained that...

Excerpt: ...o the theory of liability alleged. The demurrer on grounds of another action pending (CCP 430.10(c)) is overruled. Cross-complainants are granted 15 days leave to amend. The motion by plaintiff Tezza Ramirez to compel defendant Burroughs to provide further responses to Form Interrogatories, Set One, is granted in part and denied in part, as follows: Form Interrogatory Nos. 2.7(b), 2.11 12.1(d): Grant. Defendant Burroughs is ordered to provide ful...

Excerpt: ...quest to strike the entire Memorandum of Costs is denied. The court finds that the Stipulation for Entry of Judgment between Plaintiff and U.S. Bank does not provide grounds to strike the memorandum of Costs. Plaintiff materially breached the provisions of the stipulation pertaining to costs in this action by not dismissing this action “forthwith” and he continues to be in material breach by failing to dismiss this action with prejudice. Thes...

Excerpt: ...their initial evidentiary burden to show: (1) The existence of written agreement to arbitrate; (2) A demand to arbitrate and refusal by the party opposing arbitration; and (3) Proof that the arbitration agreement covers the dispute at issue. Mansouri v. Superior Court (2010) 181 Cal.App.4th 633. While Defendant LoanMe is not a party to either Employee Acknowledgement Form containing the two agreements to arbitrate, it has the right to compel arbi...

Excerpt: ...efendant was under the influence of alcohol at the time of the accident. Defendant does not dispute that fact and has, in fact, pled guilty to criminal charges relating to driving while intoxicated. The extent of Defendant's drinking on the night of the accident is relevant to determine whether Defendant's actions were sufficiently “despicable” and “malicious” to support an award of punitive damages. As the information sought is directly ...

Excerpt: ..., and citing in part Code Civ. Proc., § 720.110 et seq.]; see also Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal.App.4th 187, 193 [motion determined by requested relief].) Judgment creditor's petition for determination of validity of third party claim is DENIED, for lack of jurisdiction. Third party claimant Rita Wergowske filed the subject third party claim with the levying officer on January 24, 2018, and did not file an undertaking to...

Excerpt: ...3/18 Minute Order; Code Civ. Proc., § 2024.020, subd. (b).) Defendants' request for a mental examination is therefore untimely, as any such examination would necessarily have to be conducted past the discovery cut-off date of April 2, 2018. Defendants have not moved to reopen discovery as required under Code of Civil Procedure section 2024.050, or sufficiently addressed the requisite grounds for reopening discovery under this section so that the...

Excerpt: ...'s signature on the terms set forth in the proposed stipulation, attached as Ex. H to the declaration of moving parties' attorney in support of the motion, and to provide same to the court for signature within five days. The motion by plaintiffs Peggy Ewing and Kerry Ewing to compel the deposition of the person most knowledgeable for defendant is GRANTED. Defendants Uber Technologies, Inc. and Rasier-CA, LLC are ordered to produce for deposition ...

Excerpt: ...example, fees incurred for motions in limine related solely to the fraud causes of action, as Defendant has failed to provide any evidence permitting the court to do so with reasonable precision. The court declines the request for a multiplier, as the criteria for a multiplier are not met here. The issues presented were straightforward, the case followed a predictable path, it settled via the CCP 998 offer before trial, and the hours and hourly r...

Excerpt: ... on the basis that the Complaint fails to adequately allege facts as to (i) Inadequacy of legal remedy; (ii) that the underlying contract is both reasonable and supported by adequate consideration; and (iii) Contractual terms which are sufficiently definite to enable the court to know what it is to enforce. The Demurrer to The Fourth Cause of Action For Quia Timet is SUSTAINED with leave to amend on the basis that the facts pled in the Complaint ...

Excerpt: ... Jennifer Magallanes' special motion to strike the second and third causes of action in the cross-complaint of Jenny Ramirez is GRANTED. Moving parties have met their initial burden to show the allegations of the complaint are protected under the anti-SLAPP statute. Therefore the burden now shifts to responding party Jenny Ramirez to show she has a probability of prevailing on her claims. Responding Party has not offered any competent, admissible...

Excerpt: ...establish a certain element to a claim for violation of the Fair Employment and Housing Act (FEHA). Plaintiff's causes of action, however, include, inter alia, a breach of contract claim, the success or failure of which does not necessarily depend on plaintiff's ability to demonstrate a violation of FEHA. Issue No. 3 –Defendants may properly challenge plaintiff's first cause of action to the extent it alleges “FEHA disability retaliation” a...

Excerpt: ...he 1999 License Agreement. Id. As to cross-complainant Optimum Power's second cross-claim for accounting, plaintiff has alleged sufficient facts as to a basis for an accounting in the context of the alleged breach of the NDA agreements. As to cross-complainant Optimum Power's third cross-claim for breach of contract, Optimum Power has alleged sufficient facts as to breach of the NDA agreements even if the 1999 License Agreement and amendments the...

Excerpt: ...violation of statute does not destroy this negligence claim. Plaintiff has alleged the elements of a claim for negligence; duty, breach, causation and damages. With regard to the second cause of action for nuisance, whether or not there was a superseding criminal act which relieves the defendant of a duty to plaintiff is a question of fact for the jury. Further, there is no requirement the alleged nuisance be “continuing” or “permanent” t...

Excerpt: ...s attached as exhibits to the FAC, Plaintiff's conclusory allegation in paragraph 19 of the FAC that the Defendants “caused him” to execute the loan documents notwithstanding the fact that the property was Plaintiff's residence is not sufficient to allege that the loan is subject to the Dodd-Frank Act, as business loans are not subject to the Act. 15 USC § 1603(1). If the exhibits to the complaint contradict the language of the complaint, th...

Excerpt: ...) 20 Cal.4th 1103, 1113-1114; see also Niederer v. Ferreira (1987) 189 Cal.App.3d 1485, 1506.) The court finds attorney Nathaniel Brown's reasonable hourly rate to be $250.00 and that he reasonably expended a total of 70.7 hours with respect to this matter, and that attorney Martin S. Kovalsky's reasonable hourly rate is $400.00, and that he reasonably expended a total of 2 hours with respect to this case. (See 569 East County Boulevard LLC v. Ba...

Excerpt: ... with Rule 2.112. Second, Petitioner Sutton's opposition appears to claim that he is seeking only equitable title and not legal title. But the prayer in Petitioner's first amended petition includes a request for an order that the trustees of the irrevocable trust in this case “…execute and record a deed and execute any other documents necessary in order to fully transfer such interest to Petitioner.” Petitioner thus appears to be seeking le...

Excerpt: ...case law, only the association, or an owner of a separate interest in a common interest subdivision, has standing to enforce a declaration of covenants, conditions and restrictions. (Civil Code 5975(a); Martin v. Bridgeport Community Assoc., Inc. (2009) 173 Cal.App.4th 1024, 1033.) There are no facts alleged to show that defendant Stonekastle Property Management, Inc. is a party to the CC&Rs, nor is any other contract alleged which this defendant...

Excerpt: ...ine requires an appeal and the reviewing court stating in its opinion a principle or rule of law necessary to the decision. See Clemente v. State(1985) 40 Cal.3d 202, 211. These facts do not appear on the face of the FAC, and are not established by judicial notice. The doctrines of collateral estoppel and/or res judicata are each inapplicable because these doctrines both require the existence of a final judgment. The final judgment element for re...

Excerpt: ...ive order has been withdrawn and taken off calendar, and thus, any alleged procedural defects with respect to it are moot. The court declines to consider any new points, arguments, and evidence presented for the first time on reply. (See Balboa Ins. Co. v. Aguirre (1983) 149 Cal.App.3d 1002, 1010; Jay v. Mahaffey(2013) 218 Cal.App.4th 1522, 1537-1538.) Moving party to give notice. ...

Excerpt: ...endants presented evidence negating any substantial, continuous and systematic contacts with this forum. See, Vons Companies Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4 th 434, at 445. Also, general jurisdiction is now limited to a company's state of incorporation or principal place of business. See, Daimler AG v. Bauman (2014) 571 U.S. 117, 134 S.Ct. 746, 761 to 762 and Martinez v. Aero Caribbean (9 th Cir. 2014) 764 F.3d 1062, 1070. It is undis...

Excerpt: ...ufficient evidence to meet its initial burden of showing that cross-complainant cannot prove an essential element of her claim(s) or that Hughes Cione has a complete defense to the claims. Triable issues remain as to material facts 5-9, 17-38, 39-45 and 48-70. Attorney Hughes' declaration in support of the motion purports to authenticate exhibits A through Z (e.g. “[A] true and correct copy of said Charge is being attached hereto and shall be r...

Excerpt: ...aintiff's memorandum and the supporting declaration of attorney Nedda Mehrou and the court did not consider attorney Mahrou an expert in the areas of attorney's fees and/or reasonableness. See, PLCM Group, Inc. v. Drexler (2000) 22 Cal.4 th 1084, 1095. The lodestar calculation (respective hourly rates multiplied by hours worked) provides the total sum of $122,585.65 sought by TUSD. (Reply, 10:19.) The Court reduces that amount on two separate bas...

Excerpt: ...claim has not been alleged with the required specificity. The demurrer to the third cause of action for breach of the covenant of good faith and fair dealing is sustained. There are insufficient facts alleged to determine what constitutes the alleged “wrongful conduct.” The demurrer to the fourth cause of action for money had and received is sustained. A common count, such a claim for money had and received, may be alleged in the alternative ...

Excerpt: ...ction on a contract from recovering their attorney's fees in a timely motion to set attorney's fees under CCP § 1033.5(c)(5). See also Calif. Rule Court, Rule 3.1372(b) and Kaufman v. Diskeeper Corporation(2014) 229 Cal.App.4th 1, 11. Under Section 8 of the Contract Services Agreement that formed the basis for Plaintiff's claims against Defendants, Defendants are the prevailing parties in this action on the Contract, and entitled to their reason...

Excerpt: ...strike did not specifically request the court strike the references to certain regulations. Instead, the motion seeks to strike the entirety of five paragraphs. Even assuming those paragraphs did cite to an inapplicable regulation, plaintiff has alleged defendants also violated other unidentified regulations/statutes. For example, paragraph 64 states defendants violated “numerous statutes, safety orders, codes, and/or Cal. OSHA regulations with...

Excerpt: ... 260, 295.) 4. State of Delaware Certificate of Revival of Charter for Virtual Power Plant Inc., May 25, 2017 (RJN Ex. 4): Granted pursuant to Ev. 452(c) [official acts]. 5. Nick Michaels' Responses to Southern California Telephone Company's Requests for Admissions, Set One, dated June 1, 2017 (RJN Ex. 5): Granted. (CCP 2033.410(a) and Ev. 452(h)). 6. Voluntary Petition of Nicky Alexis Michaels, dated November 29, 2011 (Case No. 16 6:11-bk-46186-...

Excerpt: ...Alternative Loan Trust 2006-OA10 Mortgage Pass-Through Certificates Series 2006-OA10's General Demurrer to the First Cause of Action for Quiet Title in Plaintiff's Second Amended Complaint (“2 ndAC”) is SUSTAINED without leave to amend, on the basis that the 2 ndAC fails to adequately allege facts demonstrating Plaintiff's standing to bring this cause of action, facts demonstrating the adverse claims as against which a determination is sought...

Excerpt: ......

Excerpt: ...ntar's trade, business or profession (see Code Civ. Proc., § 483.010, subd. (c); see also Advance Transformer Co. v. Sup.Ct. (Shapiro) (1974) 44 Cal.App.3d 127, 143-144), and he has failed to provide any evidence of any kind in support of the application. (See Code Civ. Proc., §§ 484.090, 481.190, 482.040.) The Case Management Conference remains on calendar. Moving party to give notice. ...

Excerpt: ...d motion to compel responses to plaintiff's form interrogatories and special interrogatories by defendant Babette Angelo, pursuant to C.C.P. § 2030.290(b), is GRANTED. Defendant Babette Angelo is ordered to provide responses, without objections, to plaintiff Hughes' form interrogatories and special interrogatories within 21 days of service of a notice of ruling by plaintiff. If defendant Babette Angelo remains incapacitated because of the claime...

Excerpt: ...ial notice is granted. (Ev. 452(d)(1); Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264-265.) Moving parties to give notice. ...

Excerpt: ... of plaintiff Cara Crouch. (See, Declaration of Charles Richardson in Support of Motion & Memorandum of Costs filed 6-27-17.) Rule 3.1700(a)(1) requires filing and service of a memorandum of costs. In addition, the stipulation to withdraw between attorney Keesling on behalf of plaintiff Cara Crouch and defendant TCCSA is not shown to cover the memorandum of costs attached to the declaration of attorney Charles Richardson. The stipulation in conte...

Excerpt: ... See, Super 7 Motel Associates v. Wang (1993) 16 Cal.App.4 th 541, 542-547. Even if he had been, the Cross-Complaint against him was not based on the breach of any contract by him, but upon his alleged tortious conduct. Attorneys' fees are not recoverable on a cause of action asserting only tort claims. Barnhart, Inc. v. CMC Fabricators, Inc. (2012) 211 Cal.App.4 th230, 240. Moving party to give notice. ...

Excerpt: ...s bringing these claims or whether plaintiff L&K Technology, Inc. is also attempting to assert them directly. (See SAC at ¶¶ 35-38 [breach of fiduciary duty], 64-67 [conversion].) They are also uncertain as to whether Ngo is asserting the claim directly, derivatively, or in both capacities. (Ibid.) The rules of pleading and proof with respect to these claims differ substantially depending on who is alleging them and in what capacity. Defendant ...

Excerpt: ...ffered by a railroad company violated the FLSA where trainees received no compensation during the training. 330 U.S. at 150, 67 S.Ct. 639. Those who successfully completed the program and were listed as accepted and available for work were given a retroactive allowance, but those who were not accepted never received any compensation for their participation in the program. Id. In determining whether the trainees were employees for purposes of enti...

Excerpt: ...dication set forth in ETA's notice of motion for summary adjudication while there are nine issues for summary adjudication set forth in ETA's separate statement. Further, none of the issues for summary adjudication set forth in ETA's separate statement for summary adjudication are set forth in ETA's notice of motion for summary adjudication. On the merits, summary adjudication on all issues in ETA's separate statement that rely on previous lack o...

Excerpt: ... the allegations of the complaint. See, Andrews v. Foster Wheeler LLC (2006) 138 Cal.App.4 th 96, 106 to 107. Here, Plaintiff's complaint was filed on 11-12-15 with Plaintiff's third amended complaint filed on 2-1-17. Defendant Jack's Surf & Sport has been a named defendant since Plaintiff filed her initial complaint. Defendant Jack's Surf & Sport carried its initial burden of establishing that Plaintiff lacks evidence, including any documents th...

Excerpt: ...40:14-44.18 & Pltf. Depo., Vol. 2, 73:4-74:8, 78:21-80:22, 81:1-25, 95:11-98:7]; Complaint at ¶ 8)—facts which Defendants do not dispute and have not negated in their motion. Indeed, Dr. Dubrow's declaration, particularly his recitation of the “pertinent medical chronology,” shows that instead, he selectively credited Dr. Nguyen's contradictory version of the events as set forth in Plaintiff's medical records, which state, inter alia, that...

Excerpt: ...aintiff dated 04/04/16 transmitted to Defendant (Quang Nguyen Dec. Exh. 1), that Defendant counter offered by e-mail requesting a $10,000.00 discount from the price in the 04/04/16 bid (Id. Exh. 2), and that a revised estimate dated 05/04/16, incorporating the discounted price, was transmitted to Defendant by Plaintiff from Orange County (Id. Exh. 3), and that Plaintiff believed that it had a binding contract by that date. (Id. ¶ 7). On acceptan...

Excerpt: ...ently demonstrated the October 26, 2017 emergency meeting was an “emergency meeting” held pursuant to Civil Code section 4923. Such a meeting does not require notice (Civil Code section 4920(b)(1)) and can be called by the president of the association or any two directors other than the president. Civil Code section 4923. That statute was specifically cited by the court in making its ruling—and that the emergency meeting and the actions tak...