Excerpt: ...owever, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be lib...

Excerpt: ...d this motion on 4/9/21, seeking a further response to special interrogatory no. 1. Code of Civil Procedure section 2030.300, states, in part, “(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interroga...

Excerpt: ...erican Contractors Indemnity Company, Inc. (collectively “Defendants”) move for summary judgment or, in the alternative, summary adjudication of the 1st-12th causes of action. Defendants seek summary judgment on the 1st-11th causes of action on the ground that Plaintiffs did not have a license to perform most of the work required under the contract. A “party moving for summary judgment bears an initial burden of production to make a prima f...

Excerpt: ...epartment C-34. Code of Civil Procedure section 425.16, subdivision (c)(1) provides that “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.” “[A]ny SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131.) In Mann v. Quality Old Time Service, Inc. (2006) 139 Cal.App. 4th 328, 340, t...

Excerpt: ...equest for Judicial Notice is GRANTED. Moving defendants failed to comply with California Rules of Court, Rule 3.1110(f)(4) in filing their Request for Judicial Notice. California Rules of Court, Rule 3.1110(f)(4) provides: “Electronic exhibits must meet the requirements in rule 2.256(b). Unless they are submitted by a self-represented party, electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and ...

Excerpt: ...xhibit J.) Accordingly, the motions are moot except for the issue of sanctions. Plaintiff seeks $4,258.50 in sanctions on each motion (a total of $8,517, calculated at $700 per hour.). The discovery was electronically served on 2/16/21. (Orland Dec., (ROA 2158), Exhibit D). Responses were due on Monday, 3/22/21. On Thursday, 3/18/21 at 8:59 a.m., Defendant's Riptide's counsel wrote, asking for two additional weeks. (Sampson Dec. (attached to ROA ...

Excerpt: ...ent with Defendants under which Heartland financed Defendants' purchase of equipment identified as “Cutera Trusculpt 3d Workstation” (UMF 1). Defendants were obligated to make six monthly payment of $99, followed by 60 monthly payments of $2,466.20 (UMF 2). In July 2018, Heartland assigned the agreement to Plaintiff Midland (UMF 3). Heartland and Midland fully performed their end of the agreement (UMF 3). Defendants made 25 payments—12 to H...

Excerpt: ...nent part: “All written objections to evidence must be served and filed separately from the other papers in support of or in opposition to the motion. Objections to specific evidence must be referenced by the objection number in the right column of a separate statement in opposition or reply to a motion, but the objections must not be restated or reargued in the separate statement. Each written objection must be numbered consecutively and must:...

Excerpt: ...ditions is satisfied: . . . (B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties. The First Amended Complaint (“FAC”) filed by VForce Inc. (...

Excerpt: ...d Pierrette Semaan, Individually and as Trustees of The Semaan Family Trust UDT dated June 9, 2006's Complaint from Unlimited Jurisdiction to Limited Jurisdiction is DENIED. Code of Civil Procedure section 403.040, subdivision (b) provides: “If a party files a motion for reclassification after the time for that party to amend that party's initial pleading or to respond to a complaint, cross-complaint, or other initial pleading, the court shall ...

Excerpt: .... 1.) Defendant BMW NA is not a signatory to the Contract. Federal Arbitration Act (“FAA”) Applies: The FAA “applies where there is ‘a contract evidencing a transaction involving commerce.'” (Allied-Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 277 [quoting 9 USC § 2] [emphasis in original].) It is undisputed that the FAA applies here. A court's role in considering a petition to compel arbitration under the FAA is limit...

Excerpt: ...t, on or before the last day or his or her time to plead or within any further time that the court may for good cause allow, may service and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her . . .” Defendant argues that the motion is not untimely for two reasons. First, Plaintiff's delay in filing service of process makes the serv...

Excerpt: ...ntempt are DENIED. Plaintiff moves to compel production of documents in response to Plaintiff's subpoenas on AMCO Insurance Company and Nationwide Mutual Insurance Company. The subpoenas are identical in the documents they seek, specifically the following twelve categories: (1) activity logs between 12/2/16 and the present relating to the Riptide Claim (Claim Key: 7204PE6883500723201451); (2) documents and communications between 7/1/4 and the pre...

Excerpt: ...of the discovery process include, but are not limited to, the following: . . [¶] (d) Failing to respond or submit to an authorized method of discovery. . . . [¶] (g) Disobeying a court order to provide discovery.” Code of Civil Procedure section 2023.030 provides, “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or ...

Excerpt: ...rporation (“LBC”), a swimwear manufacturer. The complaint alleges causes of action for (1) breach of fiduciary duty to minority shareholder, (2) breach of fiduciary duty to corporation, (3) aiding and abetting breach of fiduciary duty to corporation, (4) dissolution/sale of corporation, and (5) declaratory relief. The first, fourth, and fifth causes of action are brought directly by Plaintiff, and the second and third causes of action are all...

Excerpt: ... the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties. The First Amended Complaint (“FAC”) filed by VForce Inc. (“VForce”) alleges causes of action for professional negligence, breach of fiduciary duty, ...

Excerpt: ...in. The elements of an IIED claim are: “(1) outrageous conduct by the defendant; (2) the defendant's intention of causing or reckless disregard of the probability of causing emotional distress; (3) the plaintiff's suffering severe or extreme emotional distress; and (4) actual and proximate causation of the emotional distress by the defendant's outrageous conduct.” The “outrageous” conduct “must be so extreme as to exceed all bounds of t...

Excerpt: ...d Twelfth Causes of Action of Plaintiffs' (Mohammed Alsmadi, Sandra Vilchis, Mauricio Silva, Abigail Rosete, and Ariana Soto) Third Amended Complaint is OVERRULED. Plaintiffs' and Defendants' Requests for Judicial Notice are GRANTED. A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners”...

Excerpt: ... The elements of a negligence cause of action are “duty, breach of duty, proximate cause, and damages.” (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 892.) Peter demurs to the Complaint on the grounds that Plaintiffs have not sufficiently alleged the first element of negligence, duty of care. “[T]he lack of privity of contract does not preclude imposition of a duty of care.” (Weseloh Fam. Ltd. P'ship v. K.L. Wessel Constr. Co. (2004) ...

Excerpt: ...rporation (“LBC”), a swimwear manufacturer. The complaint alleges causes of action for (1) breach of fiduciary duty to minority shareholder, (2) breach of fiduciary duty to corporation, (3) aiding and abetting breach of fiduciary duty to corporation, (4) dissolution/sale of corporation, and (5) declaratory relief. The first, fourth, and fifth causes of action are brought directly by Plaintiff, and the second and third causes of action are all...

Excerpt: ... the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties. The First Amended Complaint (“FAC”) filed by VForce Inc. (“VForce”) alleges causes of action for professional negligence, breach of fiduciary duty, ...

Excerpt: ...in. The elements of an IIED claim are: “(1) outrageous conduct by the defendant; (2) the defendant's intention of causing or reckless disregard of the probability of causing emotional distress; (3) the plaintiff's suffering severe or extreme emotional distress; and (4) actual and proximate causation of the emotional distress by the defendant's outrageous conduct.” The “outrageous” conduct “must be so extreme as to exceed all bounds of t...

Excerpt: ...d Twelfth Causes of Action of Plaintiffs' (Mohammed Alsmadi, Sandra Vilchis, Mauricio Silva, Abigail Rosete, and Ariana Soto) Third Amended Complaint is OVERRULED. Plaintiffs' and Defendants' Requests for Judicial Notice are GRANTED. A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners”...

Excerpt: ... The elements of a negligence cause of action are “duty, breach of duty, proximate cause, and damages.” (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 892.) Peter demurs to the Complaint on the grounds that Plaintiffs have not sufficiently alleged the first element of negligence, duty of care. “[T]he lack of privity of contract does not preclude imposition of a duty of care.” (Weseloh Fam. Ltd. P'ship v. K.L. Wessel Constr. Co. (2004) ...

Excerpt: ...fornia Rule of Court, rule 3.1300(c) states: “Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” Here, there was no signed proof of service filed. On this basis, the motion is DENIED. The Court also reviews the merits and comes to the same conclusion Code Civ. Proc. § 430.41(a) states: (a) Before filing a demurrer pursuant to this chapter, the demurring party shall me...