Excerpt: ...e Lock Co. (2002) 101 Cal.App.4th 1443, 1449—1450.) Plaintiff seeks an injunction to prohibit defendants Ruth Anne Della Vedova ("Della Vedova" individually); Barbara A. Kerr; and Asset Default Management, Inc. ("ADMI" individually; 'Defendants" together with Vedova) from selling real property located at 19311 Oriente Drive in Yorba Linda ("Property"). 1) Likelihood of Prevailing On the Merits Plaintiffs' Complaint states various causes of acti...

Excerpt: ...s adapted from the three-stage burden-shifting test established by the United States Supreme Court in McDonnell Douglas corp. v. Green (1973) 411 U.S. 792. The burden-shifting for discrimination claims also is applied to retaliation claims. (Yanowitz v. L'Oreal USA, Inc., 36 cal.4th 1028, 1042.) A. First Cause of Action — Harassment/HostiIe Work Environment To establish a prima facie case of harassment/hostile work environment under the Fair Em...

Excerpt: ... Apartment Homes, 500 Estancia, Irvine, CA 92602, involving Jiahan wu, DOB 9/19/2020." Defendants assert that the subpoena is overbroad, but provide no explanation or argument as to how the request is overbroad nor do Defendants offer any possible narrowing. Defendants argue that production of the requested items would violate Defendant Cruz's Fifth Amendment Rights. Defendants argue that Defendant Cruz's privacy rights are at issue, as he could ...

Excerpt: ...e. "CA]II 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) 'l g.53.1a.) Nonetheless, the Court will GRANT both parties' requests for judicial notice as to the existence of the following documents only: Fidelity's Complaint, Demurrer to FAXC, Demurrer to SAXC, the SAXC, Notice of Ruling Re: Plaintiff Fidelity National Title Insurance Company...

Excerpt: ...t complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. (3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights...

Excerpt: ... moving defendants to pay $135,000 in exchange for a dismissal. It is conditional upon: (1) the entry of a final, non- appealable order granting the instant motion for an order determining the settlement to be in good faith; and (2) the supplemental production by settling defendants of documents responsive to plaintiff's requests for production. Responding co-defendants Sunil Kirit Mehta, Real Estate Xperts, Inc., and O.Rhyan Capital Management, ...

Excerpt: ...ction for Violation of Penal Code S 496(a), seeking treble damages under Penal Code 496(c). The Siry court is clear: "A plaintiff may recover treble damages and attorney's fees under section 496(c) when property has been obtained in any manner constituting theft." (Siry Investment, L.P. v. Farkhondehpour (2022) 13 Cal.5th 333, 361.) The question is whether Plaintiff has adequately alleged that property has been obtained in a manner constituting t...

Excerpt: ....6(c), "If a borrower submits a complete application for a first lien loan modification offered by, or through, the borrower's mortgage servicer at least five business days before a scheduled foreclosure sale, a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent shall not record a notice of default or notice of sale, or conduct a trustee's sale, while the complete first lien loan modification application is pending. A mortgag...

Excerpt: ...right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim." "The moving defendant bears the burden of establishing that the challenged allegations or claims 'aris[e] from' protected activit...

Excerpt: ...her the court stated "Where, as here, a defendant's silence is constitutionally guaranteed, the court should weigh the parties' competing interests with a view toward accommodating the interests of both parties, if possible. An order staying discovery until expiration of the criminal statute of limitations would allow real parties to prepare their lawsuit while alleviating petitioners' difficult choice between defending either the civil or crimin...

Excerpt: ...sition date for 3/13/23. (Baghdassarian Decl. g, Ex. 8.) At that time, trial had been reset for 3/27/23 along with all related dates. (ld. at Tl 8, Ex. 7; see also M.O. of 2/9/23). Plaintiff served objections thereto on 3/7/23 and refused to produce the expert for the deposition. (ld. at g, Ex. 10.) None of those objections suffice to excuse the refusal to produce the expert for deposition on 3/13/23. Plaintiff argued that the date set was after ...

Excerpt: ...e is defined in Welf. & Inst. Code 515610.07 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. Neglect is defined in 515610.57(a) (1) as "the negligent failure of any person having the care or custody of an elder or a dependent adult to exerci...

Excerpt: ...ed by CCP section 2032.220. (Code Civ. Proc. S 2032.310(a).) The motion to compel a physical or mental examination shall be qranted only for good cause shown. (Code Civ. Proc. S 2032.320(a).) A showing of good cause requires "that the party produce specific facts justifying discovery and that the inquiry be relevant to the subject matter of the action or reasonably calculated to lead to the discovery of admissible evidence." (Vinson v. Superior C...

Excerpt: ...f to demonstrate the merit of the claim by establishing a probability of success." (Baral v. Schnitt (2016) 1 Cal. 5th 376, 384.) If the defendant meets his burden, then the plaintiff must show the "challenged claim based on protected activity is leqallv sufficient and factually substantiated. The court, without resolving evidentiary conflicts, must determine whether the plaintiff's showing, if accepted by the trier of fact, would be sufficient t...

Excerpt: ...alue of legal services rendered in the case; or (3) the lawyer has obtained informed written consent from the client." "A comment to the rule clarifies that the informed-consent exception is not absolute: "Notwithstanding a client's informed written consent, courts retain discretion to take action, up to and including disqualification of a lawyer who seeks to both testify and serve as an advocate, to protect the trier of fact from being misled or...

Excerpt: ...nd Written Discovery. For the reasons set forth below, Plaintiffs' motion is GRANTED and the Dunn Defendants' motion is DENIED. The parties are ordered to meet and confer regarding available dates for the deposition of the Dunn Group's PMK to be conducted within 45 days of the date of this order. The Dunn Defendants are ordered to provide responses to the written discovery at issue within 30 days of the date of this order. Plaintiffs' request for...

Excerpt: ...s been deemed a vexatious litigant as of 11/9/22, per OCSC Case No. 1600001283, and is therefore subject to the requirements and restrictions set forth in C.C.P. S 391 et seq. for this case and for all other filings subsequent to that designation. However, as Motion 1 was presented before that designation was entered, the Court has considered it here. Motion 1 (Plaintiff's Motion for Transfer. etc.) is DENIED. The Los Angeles Superior Court previ...

Excerpt: ...age of the proceedings, up to and including trial," absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) Absent prejudice, delay alone is not ground for denial. If delay in seeking the amendment has not misled or prejudiced the other side, the liberal policy of allowing amendments prevails. Indeed, it is an abuse of discretion to deny leave in such a case, even if sought as late as the time of trial. (Hi...

Excerpt: ... to conduct that would support 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 neglec...

Excerpt: ... for inspection with: (1) a statement that the party will comply with the particular request; (2) a representation that the party lacks the ability to comply; or (3) an objection to the particular demand for inspection, copying, testing, or sampling. (Code Civ. Proc., § 2031.210(a).) A statement that the party will comply shall state that the production, inspection, copying, testing, or sampling, will be allowed either in whole or in part, and t...

Excerpt: ...ond motion filed by plaintiffs' counsel seeking an order to consolidate these cases. In the first motion, plaintiffs filed the motion in Case No. 2020-01161967. That motion was denied on 1/14/22 with a detailed minute order which was filed in this action at ROA 64. In the Court's 1/14/22 order, the Court noted that plaintiffs had failed to comply with California Rule of Court Rule 3.350. In this motion, Plaintiffs have again failed to comply with...

Excerpt: ...on must either be stated verbatim in the petition or attached thereto. (C.R.C. 3.1330.) The arbitration agreement at issue is purported to be part of the Retail Installment Sale Contract (“RISC”) attached as Exhibit 4 to the Chung Declaration. However, the RISC attached as Exhibit 4 is only a one-sided document and the Arbitration Provision referenced on the front of Exhibit 4 is not part of the document. To get around this deficiency, NNA su...

Excerpt: ...es of Action, as the Court finds the same do not arise from protected activity. Pursuant to C.C.P. §425.16(b)(1), “[a] cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintif...

Excerpt: ...g the income limits for eligibility for CalFresh benefits. The Department contends that it correctly determined that Petitioner was not eligible for CalFresh benefits. The Department contends that Petitioner does not meet the requirements needed to qualify for a child care (dependent care) deduction. California's CalFresh program enables low-income California households to receive Supplemental Nutrition Assistance Program (SNAP) benefits, previou...

Excerpt: ...l realized that he had served the §998 offer to the wrong plaintiff. Defense counsel immediately telephoned plaintiff and made efforts to resolve this matter informally but plaintiff's counsel took the position that the $500,000 settlement must be paid. An ex parte was then filed on 1/10/23 and plaintiff opposed the ex parte and asked for further time to file a more detailed opposition. As a result, the motion was set for hearing on 2/27/23. Def...