Excerpt: ...exemption. l. MOTION TO VACATE DEFAULT The motion to vacate is based on CCP "473.5 and 473(b). The subject motion is made on behalf of both RND Genetics and Richard Santos. With regard to RND Genetics, Hensley submits proof that it served the complaint on RND Genetics. (Exh. 5 to Murray Decl.) There is no evidence submitted by RND Genetics, LLC showing that it was not pro#rly served with the complaint. Further, Santos states in his declaration th...

Excerpt: ...discussed below. On Item 1, Plaintiff asserts that $90 of the sum claimed should be taxed. The Court, however, has found that only $30 of the sum claimed should be taxed, for five "check advance" fees at $6 each. The Mohon is therefore granted as to $30 of the sum claimed, but otherwise denied. On Item 5, the charges claimed appear appropriate, except as to those for picking up exhibits ($81.50) and for the entry showing "2/28/23 Copy to Court" (...

Excerpt: ...discovery into similar defects on similar automobiles as the vehicle at issue. Plaintiff has not made sufficient arguments showing that information is relevant to the issues in the present Moton. Thus, the court denies that request. Plaintiff also argues Defendant did not strictly comply with CA Rules of Court, Rule 3.1350(b). The court finds Defendant's notice and separate statement were sufficiently similar to on the merits of the Moton. The co...

Excerpt: ...ttling Defendants"). Where a non-settling defendant contests "good faith," the moving party must make a sufficient showing on all Tech-Bilt factors. (City of Grand Terrace v. Sup.Ct. (1987) 192 CA3d 1251, 1261-1252; Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 cal. 3d 488, 499.) The settlement must be within the "ballpark" of the settling party's share of potential liability. (Tech-Bilt, supra, 38 Cal.3d at 499.) But the party asserti...

Excerpt: ... with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute. Doubts should be resolved in favor of coverage." ' " (Ramos v. Su#rior Ct. (2018) 28 Cal. App. 5th 1042, 1051.) When a party petitions a court to compel arbitration under the FAA, "the district court's role is limited to determining whether a valid arbitration agreement exists and, if so, whether the agreement encompasses...

Excerpt: ... for negligent infliction of emotional distress, the elements of duty, breach of duty, causation and damages apply. (Huggins v. Longs Drug Stores California, Inc. (1993) 6 Cal.4th 124, 129.) The facts as alleged do not permit such a claim here. When asserting a "direct victim" claim such as that alleged here, a plaintiff may recover in only three types of factual situations: (1) the negligent mishandling of corpses (Christensen v. Superior Court ...

Excerpt: ...contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Cause of Action 2: Sexual Harassment To allege a claim for hostle work environment, plaintiff must plead 1) plaintiff belongs to a protected group; (2) plaintiff was subject to unwelcome sexual harassment; (3) the harassment complained of was based on sex; (4) the harassment complained of was sufficiently pervasive so as to alter the conditions of...

Excerpt: ...nd the declarations then provide page and line references for the identified exhibits. The Motion thus adequately complies with the requirement. On the merits, TIC has shown that the subject curb where Plaintiff fell was not a "dangerous condition" as a matter of law. The uncontradicted evidence reflects that it was and comports with industry standards. (UF 19, 20.) Whether a condition is dangerous may be resolved as a question of law if reasonab...

Excerpt: ...pear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice." (CCP S438(d).) "In reviewing the motion, [the Courtl deem[s] true all properly pleaded material facts, but not contentions, deductions, or conclusions of fact or law, and we may also consider judicially noticed matters. [Citation.]" (Bear Creek Master Assn. v. Southern California Investors, Inc. (2018) 28 Cal.App.5th 809, 817.) ...

Excerpt: ...that it is reasonably probable it will prevail on the merits. (San Francisco Newspaper Printing Co. v. Superior Court (1985) 170 Cal.App.3d 438, 442; Weil & Brown, 9:632.1.) Additionally, "[i]n deciding whether to issue a preliminary injunction, a trial court we-ghs two interrelated factors: [1] the likelihood the moving party ultimately will prevail on the merits, and [2] the relative interim harm to the parties from the issuance or noninsurance...

Excerpt: ... Sales, Inc. ("Truxas") is off calendar per notice of withdrawal at ROA 464. The Second Amended Motion On 04/10/23, after Engs had filed ffs opposition to Emilio's initial MS] filed 10/11/22, the court continued the hearing on the initial MSJ to 08/28/23. The court's minute order did not authorize Emilio to file an amended motion. Emilio also never sought leave of court to file an amended motion. Thus, at that point, Emilio's options were to file...

Excerpt: ... be true by the Court, but the Court does not assume the truth of contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Generally, it is an abuse of discretion to sustain a demurrer without leave to amend if there is any reasonable that the defect can be cured by amendment." (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) Here, the only allegations asto Defendant Wag Labs, Inc. ("Defendant" or "Wag ...

Excerpt: ... recovery of punitive damages." (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 405) "The plaintiff must also allege (and ultimately prove by clear and convincing evidence) that the neglect caused the elder or dependent adult to suffer physical harm, pain or mental suffering. (Citations omitted) Finally, the facts constituting the neglect and establishing the causal link between the neglect and the injury "must be plea...

Excerpt: ... Core Lending's demurrer as to the first cause of action for quiet title as alleged in the Second Amended Complaint on the grounds that the first cause of action is not brought against Core Lending. The demurrer is again OVERRULED as to the first cause of action for quiet title on the same grounds. Second cause of action for breach of contract. The second cause of action is for breach of contract. The elements of the cause of action are the exist...

Excerpt: ...ndant O Hill as well. As a preliminary matter, Defendants request judicial notce of a number of court records in the underlying family law matter, as well as the Complaint in this case. That request is unopposed, and the request for judicial notice is granted. In ruling on a special motion to strike made under S 425.16, the trial court engages in a two-step process. "First, the defendant must establish that the challenged claim arises from activi...

Excerpt: ...low, Motion 1 is DENIED. Motion 2 is GRANTED, but with reduced sanctons. Moton 3 is GRANTED in part, deemed MOOT in part, and DENIED as to sanctions. MOTION 1 Sanctions are warranted when there are "[m]isuses of the discovery process," such as "[flailing to or to submit to an authorized method of discovery" or "[d]isobeying a court order to provide discovery." (C.C.P. SS 2023.010; 2023.030.) C.C.P. S 2030.290(c) [re rogs] provides that if a party...

Excerpt: ...idered the Opposition papers filed on 9/25/23, as they would otherwise have been timely. But the Court will not consider Buyers' additional submissions filed on 9/29/23, as they were plainly untimely, and effectively deprived Seller of an opportunity to respond thereto. On the merits, both sides ask the Court to "enforce" their settlement agreement (the "Agreement") in accordance with C.C.P. S 664.6. However, Seller asks the Court to enter a Judg...

Excerpt: ... paying attention. As the result, Defendant allegedly hit the rear of Plaintiff's vehicle, which had been stopped at a light, causing Plaintiff damages. Plaintiff sought punitive damages as part of the Complaint. Defendant moved to strike the punitive damage language pursuant to Civ. Proc. Code SS 435, 436, and 431.10(b)(2). he availability of punitive damages is laid out in Civ. Code S 3294 and requires sufficient allegations of malice, oppressi...

Excerpt: ...azavi's ("Mortazavi") various responses to sets two and three of requests for production. A motion to compel further responses is proper under certain circumstances as laid out in Civ. Proc. Code S 2031.310(a). RFP, Set Two: RDI seeks Primevere and Zibasara's further responses to RFP Nos. 106, and Mortazavi's further response to RFP No. 111. These requests and the responses thereto are identical. The issue here is that RD' seeks documents relatin...

Excerpt: ... summary judgment, a plaintiff has met its burden of showing that there is no defense to a cause of achon if it has proved each element of the cause of action entitling the party to judgment on the cause of action. Code Civ. Proc. S 437c(p)(1). Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. Code Civ. Proc. ...

Excerpt: ...n — Elder Abuse Elder abuse is defined in Welfare & Institutions Code section 15610.07 as physical abuse, neglect, abandonment, isolation, abduction or other treatment resulting in physical harm, pain or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (Welt & Inst. Code S 15610.07(a)(1)-(2).) Neglect is defined in secton 15610.57 as "[tlhe negligent fai...

Excerpt: ...iency of factual allegations in a complaint." (Rakestraw v. Cal. Physicians' Service (2000) 81 Cal.App.4th 39, 42.) Plaintiffs' well-pleaded facts are assumed to be true by the Court, but the Court does not assume the truth of contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Generally, it is an abuse of discretion to sustain a demurrer without leave to amend if there is any reasonable possibili...

Excerpt: ...sserts a claim for "Fraud and Deceit." Where fraud is alleged, every element must be alleged in full, factually and specifically. The policy of liberal construction of pleading will not be invoked to sustain a pleading defective in any material respect. (Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157.) The particularity requirement necessitates pleading facts that show how, when, where, to whom, and by what means the repr...

Excerpt: ...dequately met and conferred with Defendant to attempt to resolve this dispute, Specifically, it appears from the Opposition that: (a) Plaintiffs are asserting that they were obligated under the "agreement" at issue to fund only the first and second deposits under the two relevant purchase and sale agreements, in the maximum total sum of $500,000; (b) Plaintiffs are not asserting that they personally had sufficient resources to fund those first an...

Excerpt: ...fy, could and would testify competently to them" and that the documents are "true and correct copies" of what they are purported to be. This is simply not sufficient to authenticate these documents. (Evid. Code S 1401(a); Cont'l Baking Co. v. Katz (1968) 58 Cal. 2d 512, 525—26.) Major's declaration also shows a lack of personal knowledge regarding the authenticity of the documents. (Evid. Code S 702.) Major states that he has personal knowledge...