Excerpt: ...53,130.00 for a good faith deposit. The lease was contingent upon Plaintiff's receipt of a conditional use permit. Plaintiff did not obtain a conditional use permit and requested the refundable prepaid fees, but Defendant refused to return it. On 08/17/2020, Plaintiff filed a Complaint against Defendant for: 1) Breach of written contract; 2) Breach of written contract for failure to return security deposit; 3) Common count; and 4) Violation of Ci...

Excerpt: ...ories and 27 inspection demands; Plaintiff Higueron propounded 56 special interrogatories and 27 inspection demands. (Id.) On 08/07/2020, Plaintiffs requested responses without objections be served. (Bosse Decl. ¶ 9.) No responses were received as of the date of filing. (Id.) In late 09/2020, Defendant Gallardo retained new counsel. New counsel immediately met and conferred with Plaintiffs regarding outstanding discovery, and on 10/12/2020, Defe...

Excerpt: ...ative complaint). (Register of Actions/Docket (“ROA”) No. 140.) On November 21, 2019, Plaintiffs filed a Motion for Leave to Amend their TAC. (ROA No. 227.) Plaintiffs sought to add Western States Cabinets, an unknown entity, and Peter Godden as defendants, as well as add additional causes of actions against Defendants Tyler and David Kokx. (Id.) On January 10, 2020, the Court denied Plaintiffs' Motion for Leave to Amend. (ROA No. 261.) On Ja...

Excerpt: ...A”) on May 16, 2016. (See Cassidy Decl., ¶¶ 2-8, Exh. A.) Plaintiff does not dispute that he entered into the IRA and affirms that he did sign the IRA as a pre-condition to his employment with Defendants. (See De Leon Decl., ¶¶ 2-8, Exh. A.) The Court, however, finds that Plaintiff met his burden of establishing the IRA is both procedurally and substantively unconscionable and that the unconscionable provisions cannot be served from the IRA...

Excerpt: ...s, Inc. (2007) 149 Cal.App.4th 402, 412, 57 Cal.Rptr.3d 156; Oakland Raiders v. National Football League, supra, 131 Cal.App.4th at pp. 652–652, 32 Cal.Rptr.3d 266 [applying sham pleading doctrine to request for leave to amend in summary judgment context].) Here, the Court does not perceive the Second Amended Complaint (“SAC”) to have omitted harmful allegations asserted in the First Amended Complaint (“FAC”), nor does the Court perceiv...

Excerpt: ..., unduly burdensome, oppressive, and harassing and precluded under C.C.P. section 2017.010, 2018.010, and 2025.420(b) by seeking information protected by the attorney-client and work product privileges. Initially, the Court finds that Defendant failed to establish a protective order is warranted based on undue burden, oppression, or harassment. “Oppression must not be equated with burden. The objection based upon burden must be sustained by evi...

Excerpt: ...xception based on fraudulent concealment. (Id. at 993). Unlike Robinson, where the provision of “false certificates of conformance” was readily found to be “independent” from the “contract loss” of “nonconforming clutches,” the alleged failure of Defendant to disclose the alleged engine defect completely overlaps what is sought by a contract/warranty remedy. Additionally, leave to amend is DENIED, as Plaintiff has not indicated an...

Excerpt: ...aint Frames the issues A summary judgment motion must show that the “material facts” are undisputed (CCP § 437c(b)(1)). The pleadings serve as the “outer measure of materiality” in a summary judgment motion, and the motion may not be granted or denied on issues not raised by the pleadings. [Laabs v. City of Victorville (2008) 163 CA4th 1242, 1258]. Here, although the Notice of Motion to indicate upon which pleading MPS seek summary judgm...

Excerpt: ...oss-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.” Where a defendant does not file a cross-complaint at the same time as the answer to the complaint, the defendant shall obtain leave of court. (Code Civ. Proc. § 428.50(a)-(c).) ...

Excerpt: ...uses of action against LASC and QME: (1) medical malpractice, and (2) loss of consortium. The motion, however, focuses solely on the medical malpractice claim, as a spouse's loss of consortium claim rises or falls with the other spouse's medical malpractice claim. (See Tucker v. CBS Radio Stations, Inc. (2011) 194 Cal.App.4th 1246, 1256.) The elements of a medical negligence cause of action are: 1. duty of professional to use such skill, prudence...

Excerpt: ... Cal.4th 245, 255.) The court may stay discovery until disposition of any pending criminal proceedings or until the statute of limitations has run on criminal prosecution, so that defendant can no longer claim a Fifth Amendment privilege. (Pacers, Inc. v. Sup.Ct. (Needham) (1984) 162 Cal.App.3d 686, 689—depositions postponed for one year, at which time criminal prosecution would be barred.) However, Defendant has no right to a blanket stay on F...

Excerpt: ... [disapproved on other grounds, Yvanova v. New Century Mortg. Corp. (2016) 62 Cal.4th 919].) The Court also take judicial notice of the fact that IndyMac Bank, F.S.B. was closed by the Office of Thrift Supervision, which appointed the Federal Deposit Insurance Corporation as receiver for IndyMac on July 11, 2008. (Ev C § 452(c) and (h).) Preliminary Injunction. For an injunction to issue, the moving party must establish a likelihood of prevailin...