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...

Excerpt: ...otice of motion is defective. Defendants apparently seek to strike “the Complaint,” when the operative pleading is the First Amended Complaint. Furthermore, the notice of motion fails comply with Rule of Court 3.1322(a) because it does not quote in full the portions sought to be stricken or note the cause of action. Nevertheless, because there is only one cause of action charged against the moving defendants and it appears that the moving def...

Excerpt: ...iling (with an acknowledgment of receipt) to a party (§ 415.30), or, if a party is out of state, by any of the preceding means or by first class mailing, requiring a return receipt (§ 415.40). Finally, if service upon a party by these enumerated means proves impossible, service may be effected through publication, which must be authorized by court order. (§ 415.50.) To obtain an order directing service by publication, section 415.50, subdivisi...

Excerpt: ... Hyundai Sonata. HMA demurs to the Second Cause of Action for Violation of Civil Code §1793.2(b) and the Third Cause of Action for Violation of Civil Code §1793.2(a)(3) on the grounds that the complaint fails allege sufficient facts to support these two causes of action. It is the plaintiff's pleading burden to show that the Song-Beverly Act applies to her claims. (Dagher v. Ford Motor Co. (2015) 238 Cal.App.4th 905, 917). 1. Second Cause of Ac...

Excerpt: ...to (1) Robert A. Lotter, (2) RA Lotter Insurance Marketing, Inc., (3) The Agent Builders Company Insurance Marketing, Inc., (4) The TDS Group Inc. (“Defendants”) The four applications are GRANTED. The within action arises out of four separate Guarantees the Defendants signed relating to a Note for a loan made by CNB to RA Lotter Holdings, Inc. which has defaulted on the loan. Under C.C.P. §483.010, attachment may be issued only if the claim ...

Excerpt: ... of its teacher, Doe 2; and (2) Plaintiff fails to sufficiently allege how the District or any of its employees knew or should have known that Doe 2 had engaged in “unlawfully sexually-related conduct” with minors in the past or that such conduct was continuing. Plaintiff failed to rebut the District's contention that it cannot be vicariously liable for Doe 2's sexual abuse of Plaintiff. Thus, Plaintiff appears to have conceded this point. Th...

Excerpt: ...ly tolled prior to the filing of her official complaint on October 1, 2019. “The exhaustion of an administrative remedy is a procedural prerequisite to an action at law, and the failure to exhaust it does not divest a trial court of subject matter jurisdiction. As a result, courts can resort to equitable exceptions to this condition precedent.” (Holland v. Union Pac. R.R. Co. (2007) 154 Cal.App.4th 940, 946). One exception arises when DFEH re...

Excerpt: ...met and conferred with regard to RFP Nos. 50 and 52 and have reached an agreement to limit these requests to posts about Plaintiff and posts about the harassment. Thus, the motion is GRANTED subject to the stipulated limitations. Plaintiff has WITHDRAWN her request to compel a further response to RFP No. 53. RFP Nos. 40 and 43 seek the cell phone(s) Anderson had in 2020. Defendant Anderson contends his responses are full and complete as he testif...

Excerpt: ...eges that when Starbuck's lease ended, an unidentified Starbucks employee improperly went on the adjacent property and removed the “grease trap.” Plaintiff alleges this was a violation of the lease which only allowed removal of fixtures/equipment Starbucks installed on the leased premises. Based on these facts, plaintiff alleges breach of contract, trespass and conversion. In paragraph 18 of the trespass cause of action, plaintiff alleges the...

Excerpt: ...of or inexcusable neglect. Jeon states he was improperly substitute served at 735 Gramercy Dr., #209, Los Angeles, CA 90005 (“Property”), which is an address Jeon states he, “never used . . . as his address for any purpose whatsoever.” (Jeon Decl. ¶ 5.) Jeon provided his residential address, which is different from the Property. (Jeon Decl. ¶ 5.) Jeon also provided a copy of his proposed answer. (Jeon Decl. ¶ 9, Ex. A.) Having complied...

Excerpt: ...trial and moves for fees under CCP §2033.420, which provides: “(a) If a party fails to admit the genuineness of any document or the truth of any matter when requested to do so under this chapter, and if the party requesting that admission thereafter proves the genuineness of that document or the truth of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay t...

Excerpt: ... request must be considered on its own merits. A court may grant a trial continuance only on an affirmative showing of good cause. The Court finds good cause has been shown to grant the motion as Cross-Defendants recently appeared in the action, discovery is ongoing and trial counsel is unavailable. (CRC 3.1332(c)(3), (5), (6).) In addition, no oppositions were filed, thus no prejudice to any party has been shown. Accordingly, the motion is grant...

Excerpt: ...A US, LLC. The arbitration agreement at issue at issue is found at page 5 of the Retail Installment Sale Contract (“RISC”) attached as Exhibit A to the Lambert Declaration. The RISC, dated 4/21/17, is between plaintiffs Angela Earthman and Stoney Earthman (“Plaintiffs”) as “Buyer” and Surf City Auto Group as “Seller-Creditor.” FCA acknowledges that it is not a signatory to the RISC. A nonsignatory seeking to enforce an arbitration...

Excerpt: ...s that it is not a signatory to the RISC. A nonsignatory seeking to enforce an arbitration agreement bears the burden to establish standing to enforce the agreement. (Jones v. Jacobson (2011) 195 Cal.App.4th 1, 15.) Nissan has failed to meet this burden. Felisilda v. FCA USA LLC (2020) 53 Cal.App.5th 486 (Felisilda), upon which Nissan relies, is distinguishable. Unlike in Felisilda, the complaint in this case does not allege or otherwise indicate...

Excerpt: ...action, the demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged, but not contentions, deductions or conclusions of fact or law). (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967; Serrano v. Priest (1971) 5 Cal.3d 584, 591.) “To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plai...

Excerpt: ...(1) Costs are allowable if incurred, whether or not paid. (2) Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. (3) Allowable costs shall be reasonable in amount. (4) Items not mentioned in this section and items assessed upon application may be allowed or denied in the court's discretion.” “If the items appearing in a cost bill appear to be proper ch...

Excerpt: ...seeking an order taxing the memorandum of costs filed by the defendants. The motion for attorney fees is DENIED. The motion to tax costs is GRANTED in part. This case arises from a dispute between various parties as to the use/improvement of a piece of vacant land in Dana Point. A court trial was conducted on multiple dates in 2021 and 2022 resulting in a verdict for the defense on all causes of action. Statements of Decision were entered on 12/1...

Excerpt: ...ty managed by Western National Securities. Based on this alleged contractual relationship, plaintiff asserts that Western acted in contravention of his rights as a tenant by preventing him from entering the apartment. Plaintiff alleges this gives rise to the causes of action for (1)Breach Of Contract, (2) Breach Of Covenant Of Good Faith And Fair Dealing, (3) Breach Of Covenant Of Quiet Enjoyment Of The Premises, (4) Intentional Infliction Of Emo...

Excerpt: ...hed by the United States Supreme Court in McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792. After an initial prima facie showing of discrimination from the employee (which is not at issue in this case), the employer, as the moving party, has the burden to present admissible evidence showing either that: (1) one or more elements of plaintiff's prima facie case is lacking; or (2) the adverse employment action was based upon legitimate, nondiscr...

Excerpt: ...the prevailing party in this action. (Civ. Proc. Code §§ 1032.) As the prevailing party in a civil rights action, Plaintiff is entitled to recovery of attorney fees and expert witness fees. (Civ. Proc. Code § 1033.5(10)(B); Civ Code. §§ 52 and 54.3; 42 U.S.C.A. § 12205.) “[T]he fee setting inquiry in California ordinarily begins with the “lodestar,” i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate...