Excerpt: ...ought under Code Civ. Proc. § 1987.1 (applicable to deposition subpoenas by Code Civ. Proc. § 2020.030). Nardone has established that Park was personally served with the deposition subpoena on 8- 6-20. (Exhibit A to Declaration of Joseph Ferrucci.) Nardone further established that Park served objections, and that Park stated in an email, “Given the objections we have served, I think the only fair reading is I do not intend to appear on Monday...

Excerpt: ...Cal.3d 432, 439). “Consequently further allegations explaining how this fact of agency originated become unnecessary.” (Id.). Given the above, Defendants assertion Plaintiff is required to allege additional facts, outlining how the agency came to be, fails. Similarly, while Defendants suggest they cannot be found to be agents of Defendant FPG, they cite neither authority to support this conclusion nor alleged facts, which would support such a...

Excerpt: ...ioCorRx cannot establish Pellecome commercially exploited or financially benefitted from BioCorRx's proprietary information. Issue Three: BioCorRx's claim for breach of contract (First Cause of Action) fails as a matter of law because Pellecome did not receive any confidential or proprietary information from BioCorRx. Issue Four: BioCorRx's claim for breach of contract (First Cause of Action) fails as a matter of law because BioCorRx cannot estab...

Excerpt: ... 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. [¶] (2) In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts ...

Excerpt: ...der the City of Santa Ana's Municipal Code (e.g., submitting a Site Plan and obtaining a building permit, etc.); (b) Compelling Defendant to resolve any and all City of Santa Ana Municipal Code violations at the Property, as set forth in the City's Notices of Violation and Administrative Citations to Deen, no later than 5 days from entry of the order; and (c) Compelling Defendant to correct any and all structural issues with the building on the P...

Excerpt: ...ach of Written Contract Plaintiff Marie Bond is the daughter of 98-year-old Alice Kooiker, who has assigned her claims to Plaintiff by written assignment. Jack Stansbury, who died on 11/13/19, is Alice's son. Defendant Molly Stansbury is Mr. Stansbury's daughter. This case arises from an unpaid loan of $109,000 made in 2011 by Ms. Kooiker to Mr. Stansbury. The loan agreement was allegedly executed on 9/23/11. The loan was to be paid in installmen...

Excerpt: ...igent Interference with Prospective Economic Advantage fail to state facts sufficient to constitute a cause of action because they were filed after the expiration of the two-year statute of limitations. As a general rule, the statute of limitations begins to run when a claim accrues, i.e., when it is complete with all of its elements—those elements being wrongdoing, harm, and causation. (Pooshs v. Philip Morris USA, Inc., (2011) 51 Cal. 4th 788...

Excerpt: ...d Tonelli seek relief for the first and second causes of action against Fidelity, the demurrer is SUSTAINED with leave to amend as to these claims by Lunar Maria and Tonelli. The demurrer is SUSTAINED with leave to amend as to the third cause of action and the sixth cause of action. The Court grants Fidelity's request for judicial notice of its complaint in this case. The Cross-Complaint arises from the purchase of real property in Placentia by A...

Excerpt: ...under Code Civ. Proc. § 1987.1 (applicable to deposition subpoenas by Code Civ. Proc. § 2020.030). Nardone has established that Park was personally served with the deposition subpoena on 8-6-20. (Exhibit A to Declaration of Joseph Ferrucci.) Nardone further established that Park served objections, and that Park stated in an email, “Given the objections we have served, I think the only fair reading is I do not intend to appear on Monday. As to...

Excerpt: ... the notice of ruling. The elements of fraud, which give rise to the tort action for deceit, are (a) misrepresentation; (b) knowledge of falsity (or “scienter”); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage. (Lazar v. Superior Ct. (1996) 12 Cal.4th 631, 638.) Fraud must be pleaded with specificity. (Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 878.) To ple...

Excerpt: ... monetary sanctions of $47,450 against Plaintiff and its counsel relating to Plaintiff's retention and use of a privileged letter in this litigation. Section 2023.030 reads, in pertinent part: “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 attorney, and after opportunity for hearing, may impose the following sancti...

Excerpt: ...with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action.” If a party on whom an inspection demand is served fails to make a response, the demanding party may move for an order compel...

Excerpt: ...es.” Code of Civil Procedure section 418.10, subdivision (a)(1), provides, “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve 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.” “A state court's assertion of personal juris...

Excerpt: ...ball arbitration” to resolve the parties' dispute as to the amount of monthly rent to be paid by Plaintiff. Defendant did not participate in the arbitration, and under the Second Amendment to the lease, Plaintiff began paying a reduced rent based on the unilateral decision of the consultant/arbitrator selected by Plaintiff. Code of Civil Procedure section 1288 sets a 100-day deadline to file a motion to vacate or correct an arbitration award: �...

Excerpt: ...substance. All that is needed to be shown in the moving papers is that a set of written discovery requests was properly served on the opposing party, the time to respond has expired, and that no response has been served. (See Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905-906.) If a party to whom requests for production were directed fails to serve a timely response, the propounding party may move for an order compelling response and for ...

Excerpt: ...ge sums of money to Blech and his company, Defendant Secure Channels, Inc. Plaintiffs allege Blech diverted the money to another of his companies, Defendant Imperium Management, LLC, and used the money for improper purposes. Plaintiffs allege Blech falsely represented the financial condition of his company to obtain additional financing. In their cross-complaint, Defendants/Cross-Complainants Blech, Secure Channels, and Imperium Management allege...

Excerpt: ...ries. (Coy v. Sup.Ct. (1962) 58 Cal.2d 210, 220-221; Fairmont Ins. Co. v. Sup.Ct. (2000) 22 Cal.4th 245, 255.) Cross-Complainant claims that the Special Interrogatories are straightforward and have not been properly responded to. Cross-Complainant further claims that the information is sought for expert analysis, damages evaluations and evidence of liability. In response, Cross-Defendant states the information is privileged (without citing any la...

Excerpt: ...use: “‘Unless the parties clearly and unmistakably provide otherwise, the question of whether the parties agreed to arbitrate is to be decided by the court, not the arbitrator.'” (Dream Theater, Inc. v. Dream Theater (2004) 124 Cal.App.4th 547, 551.) Defendants argue that the threshold issue of arbitrability was delegated to the arbitrator under AAA Consumer Arbitration Rule R-14(a). Defendants have, however, failed to submit a copy of the ...

Excerpt: ...of the nonexistence of any triable issue of material fact . . . .”  Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.  “A prima facie showing is one that is sufficient to support the position of the party in question.” Aguilar, 25 Cal.4th at 851. A defendant moving for summary judgment may prevail on the motion in one of three ways: (1) by affirmatively negating at least one of plaintiff's essential elements; (2) by...

Excerpt: ...oves to quash Plaintiff's Stars and Bars, LLC subpoena to Nationwide Mutual Insurance Company or, in the alternative, for an unspecified protective order re: the subpoena. The subpoena seeks twelve categories of documents including activity logs relating to the Riptide Claim; documents regarding payments made under the Riptide Claim, releases executed in connection with the Riptide Claim, documents between Nationwide and third parties regarding t...

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

Excerpt: ...s matter was set for March 8, 2021. However, on February 16, 2021, the Court granted Defendants Andrew Messiha, M.D. and Pain Medicine Associates' unopposed ex parte application to continue trial. At that time, the Court continued the 3/8/21 trial date to 6/7/21 and specifically ordered, “All discovery, expert, and trial related dates and deadlines will be based on the continued trial date.” Accordingly, the Court finds this motion to be time...

Excerpt: ...ssory note underlying Plaintiffs' complaint was usurious in violation of the California Constitution. Code of Civil Procedure section 426.30(a) states, “Except as otherwise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cross- complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any ...

Excerpt: ...tate, LLC (“PML”) only. Plaintiff seeks dissolution of PML, an LLC he co-founded with Le in 2011. Plaintiff alleges the purpose of PML was “to purchase commercial property to be leased to business owners as tenants.” PML's Operating Agreement (“OA”) was executed in 2012 and is attached as Exhibit A to Plaintiff's First Amended Complaint (“FAC”). Under the OA, Plaintiff was Secretary of PML with a 49 percent membership interest, an...

Excerpt: ... considered on its merits. A plaintiff meets its burden on summary judgment by proving each element of each of its causes of action. CCP § 437c(p)(1). If a plaintiff does so, the burden then shifts to the defendant. Here, the motion is unopposed. Even though there is no opposition, the court must still determine that Defendant met its burden of proof.  As one appellate court explained in Mosley v. Pacific Specialty Insurance Company (2020) 4...