Excerpt: ...ation of territorial market areas and to provide security and to clarify the relations between manufacturers and their nonemployee sales representatives. Civ. Code § 1738.10. “The Legislature intended [the Act] to safeguard only nonemployee ‘middle-men' sales representatives dealing with wholesale goods.” Reilly v. Inquest Tech., Inc. (2013) 218 Cal. App. 4th 536, 546. The Act “specifically exclude[s] from coverage salespersons and retai...

Excerpt: ...ier action growing out of the same transaction and between the same parties is a ground for abatement of the second action.” (Id. at 574). “The defendant may assert the pending action as a bar either by demurrer, or, where fact issues must be resolved, by answer.” (Id.). “In either case, where the court determines there is another action raising substantially the same issues between the same parties, it is to enter the interlocutory judgm...

Excerpt: ...eas. Those are 1) How much money in lost earnings Plaintiff attributes to the underlying facts of this lawsuit; 2) How much money Plaintiff did not make because of the underlying facts of this lawsuit; 3) Instances of inappropriate sexual contact or conduct prior to Plaintiff dating Defendant; 4-6) If Plaintiff was inappropriately touched by a certain people; and 7-8) If Plaintiff has dated anyone since her relationship with Defendant. Further qu...

Excerpt: ...a complete defense to the cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The plaintiff or cross-complainant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set fo...

Excerpt: ...s 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, shall be entitled to reasonable attorney's fees in addition to other costs. . . . (b)(1) The court, upon notice and motion by a party, shall determine who is the party prevaili...

Excerpt: ...the second cause of action for Breach of Contract on the bases that it fails to state facts sufficient to constitute a cause of action, is uncertain, and it cannot be ascertained from the Complaint whether the contract is written, is oral, or is implied by conduct. Civ. Proc. Code § 430.10(e)-(g). A) COA #1 – Legal Malpractice “The elements of a cause of action in tort for professional negligence are: (1) the duty of the professional to use ...

Excerpt: ...ourt order. In this case, and in response to Defendant's separate motions to compel Plaintiff to appear for an IME and for a third deposition session, the Court issued orders on 12/07/20 tentatively granting those motions, “unless and until plaintiff delivers to defendants a properly executed writing which tracks Code of Civil Procedure § 2032.320(c).” ROA # 201. At that time, Defendant had already noticed an IME for 12/15/20. Instead of exe...

Excerpt: ...in three or five years. (See Salinas v. Atchison, Topeka & Santa Fe Ry. Co. (1992) 5 Cal.App.4th 1, 9; Howard v. Thrifty Drug & Discount Stores (1995) 10 Cal.4th 424, 440; Dick v. Superior Court (1986) 185 Cal.App.3d 1159, 1164). The present case is not in such a situation. The present matter involves a lengthy course of business relations with a great deal of disputed discovery (including the two matters set for hearing today) and the likelihood...

Excerpt: ...t. As a preliminary matter, the Opposition requests a continuance to pursue additional discovery but fails to show that such a continuance is warranted here. The Opposition makes only a vague request for continuance at p. 21, to take the depositions “of Patty, Neil, and Oliver,” but fails to explain what such depositions would be expected to show, why they were essential to the opposition, and why they remained outstanding. And no supporting ...

Excerpt: ...te the issue of Plaintiff having a “life estate” in the Anaheim residence. A life estate is a greater bundle of rights than the mere right of possession. (See Miller & Starr, 4 Cal. Real Est. § 12:21 (4th ed.) and RJN Exhibits 2 and 3.) Therefore, the statutory demurrer, based on the DV action, is not well taken. With regard to the family court action, while the family court may be the proper setting to address disputes between the former sp...

Excerpt: ...o be reasonably susceptible to the meaning that Plaintiff seems to propose -- that sale of Defendant's interest in entities other than Neudesic LLC, triggers the additional payment rights to Plaintiff under the MA. This is because the additional payments rights were defined clearly to be due upon sale of the Retained Membership Interest in Neudesic LLC only, and not in other entities. (See Minute Order 10/26/20 p.2 and MA Recital ¶ 2, 6, 7, 2, 4...

Excerpt: ...Plaintiff has correctly identified Tabletop's failure to provide the required meet and confer efforts and statement. Although typically the Court would continue the hearing, the court feels it would be more efficient to reach the merits at this time. The Court will not be as lenient with future meet and confer failures. Although Plaintiff has attached a copy of the Licensing Agreement (“Agreement”) to the FAC, the FAC remains too unclear to s...

Excerpt: ...troming's scheduling of the demurrer hearing to be concurrently heard with another motion, rather than upon the first available hearing date (CRC Rule 3.1320(d)), is not jurisdictional, and the Court elects to exercise its discretion to reach the demurrer's merits. Defendant has presented evidence of its efforts to meet and confer, although such efforts were reportedly ineffective due to Plaintiff's counsel's new mailing and email addresses. Plai...

Excerpt: ...al notice of a court record within this case (ROA 108). (ROA 211.) A trial court may take judicial notice of the existence of judicial opinions and court documents, along with truth of results reached in documents such as orders, statements of decision, and judgments, but cannot take judicial notice of the truth of hearsay statements in decisions or court files, including pleadings, affidavits, testimony, or statements of fact. (People v. Harbolt...

Excerpt: ...n the forum State…” (Walden at 285.) Physical entry into the State—either by the defendant in person or through an agent, goods, mail, or some other means—is certainly a relevant contact. (Id.) But physical presence in the state is not required. “So long as a commercial actor's efforts are “purposefully directed” toward residents of another State, we have consistently rejected the notion that an absence of physical contacts can defe...

Excerpt: ... 20-22, Exs. D-M and O-Q. Han failed to properly answer each of the above FROG as completely and straightforwardly as the information reasonably permitted and/or did not state he did not have sufficient information to be able to fully respond to each of the FROG in question. Civ. Proc. Code § 2030.220. As such, this motion was proper. Civ. Proc. Code § 2030.300. Han is ordered to serve further responses to the above FROG within 40-days of recei...

Excerpt: ..., or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudi...

Excerpt: ...Hirsa v. Superior Ct. (1981) 118 Cal.App.3d 486, 488–89; Kittredge Sports Co. v. Super.Ct. (1989) 213 Cal.App.3d. 1045, 1048. The Second Amended Complaint (“SAC”) is not based on the same general facts as the original complaint. Instead, it seeks to add defense counsel as a defendant and contains allegations of actions that occurred mostly during the pendency of this lawsuit, with some minor additional allegations which appear to be related...

Excerpt: ...., ¶¶ 5-6, Ex. B.) The parties were unable to agree on amended request nos. 2, 3, 4, 8 and 9 (the “Requests”), which are the subject of the current Motion. (Id.) 2. Any and all DOCUMENTS including ESI which evidence, constitute, refer or RELATE TO contracts and/or agreemetns, including contract renewals and contract amendments, between YOU and the HOA RELATING TO the maintenance and repair of THE SPRINGS from January 2010 to present. 3. Any...

Excerpt: ...rrent employees, including Plaintiff, on 12/2/19. (Crawford Decl., paras. 2-7.) After directing employees to review the new Handbook, Crawford's 12/2/19 email indicated that an “Associate Acknowledgement” form would be sent separately via DocuSign for associates to provide their electronic signature. This form was then distributed on 12/3/19 to employees, including Plaintiff. (Crawford Decl., paras. 7-8.) By signing the acknowledgement, each ...

Excerpt: ... from other matters properly subject to judicial notice. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Under Section 430.10(e) the test is whether the complaint states any valid claim entitling plaintiff to relief, even if plaintiff's cause of action is improperly titled or an improper remedy is stated. (See Quelimane Co., Inc. v. Stewart Title Guar. Co. (1998) 19 Cal.4th 26, 38; Town Council, Inc. v. City of Los Angeles (1996) 47 Cal.App.4th ...

Excerpt: ...� (Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145.) Plaintiff's request for judicial notice is granted. The court will take judicial notice of the complaint's “existence and contents, though not of disputed or disputable facts stated therein.” (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924, fn. 1.) Plaintiff generally demurs to the Cross-Complaint's first, second and third causes of action on the ...

Excerpt: ... the federal constitution. (Cal. Prac. Guide: Civ. Proc. Before Trial ¶ 3:198 (Rutter Group 2019); see, e.g., BNSF Ry. Co. v. Tyrrell (2017) 137 S.Ct. 1549, 1554, 1558.) Here, general jurisdiction is not proposed. For a court to exercise specific jurisdiction over a party, the suit must arise out of or relate to his contacts with the forum; and the defendant's suit-related conduct must create a substantial connection with the forum state. (Brist...

Excerpt: ....3, 405.30, 405.31, 405.32, 405.33, 405.38.) “At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice. . . Evidence or declarations may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any or...

Excerpt: ...s supported by a separate statement (ROA 29) regarding the disputed deposition questions and responses, in which Plaintiff invoked his Fifth Amendment privilege no less than 121 times in refusing to answer questions seeking discoverable information regarding WCCT's actual or potential bases for terminating Plaintiff's employment, i.e., matters which Plaintiff himself placed at issue in this litigation in alleging wrongful termination without caus...