Excerpt: ... authority which support that incorrect information in a caption to a Memorandum of Costs warrants striking the entire Memorandum of Costs. When legal argument with citation to authority is not furnished on a particular point, the court may treat the point as forfeited and move on without consideration. (Okasaki v. City of Elk Grove (2012) 203 Cal.App.4th 1043, 1045, fn. 1.) Tentative Ruling: The Court DENIES the motion to the extent it seeks to ...

Excerpt: ...nia 92651 (the “Property”) and (2) awarding Defendants their reasonable attorney's fees in the amount of $5,692.50 incurred in preparation, filing, attendance and argument on this Motion. In this instance, there is no dispute that the case involves a real property claim . In this transaction for the purchase of real property in Laguna Beach, several offers and counteroffers went back and forth. However, the gist of the agreement was that the...

Excerpt: ... or regula tion per Labor Code section 1102.5(c). Defendants Hancock Jaffe Laboratories, Inc. (“HJL”) and Robert Berman (“Berman” and, collectively, “Defendants”) separately move the Court to interpret material provisions of Plaintiff's Employment Agreement and for t he following findings: A. Section 6(d) of the Agreement Required Plaintiff to Provide Written Notice of Specific Circumstances Constituting “Good Reason”, Allow 30 ...

Excerpt: ...Legislature enacted sec tion 1102.5 in 1984 to provide whistleblowers with protection from employer retaliation. [Citation.]” (People ex rel. Garcia -Brower v. Kolla's, Inc. (2023) 14 Cal.5th 719, 722.) Section 1102.5(b) “ ‘reflects the broad public policy in encouraging workplace whistleblowers to report unlawful acts without fearing retaliation.' [Citations.]” (Id. at p. 723.) “Section 1102.5 provides whistleblower protections to emp...

Excerpt: ... untimely. A demurrer must be filed “within 30 days after service of the complaint.” (Code Civ. Proc., § 430.40, subd. (a).) The “demurring party shall be granted an automatic 30 -day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining...

Excerpt: ...business in California, nor ever had any offices in California, it has no employees in California, it has no customers outside of Florida, and it does not advertise outside of Florida. Defendant's request for judicial notice as to Exhibit B (Plaintiff's Complaint) is GRANTED. (Evid. Code, § 452(d).) The request as to Exhibit C i s DENIED, as the material is not relevant to a resolution of the issues raised in this Motion. (State Compensation Ins...

Excerpt: ...an be raised at any time (even for the first time on appeal). It can be raised: — by demurrer to the complain t where the defect appears on the face of the complaint or from matters judicially noticeable (CCP § 430.10(a)); — by motion to strike (CCP §§ 435, 437); — by motion for judgment on the pleadings (CCP § 438); — by motion for summary judgment (CCP § 437c); or — as an affirmative defense in the answer. [Greener v. Workers...

Excerpt: ... be awarded reasonable attorney's fees and costs.” “This language has been interpret ed to allow recovery of not only litigation costs, but also reasonable attorney fees and costs expended in prelitigation alternative dispute resolution (ADR) pursuant to the Davis -Stirling Act. [Citation.]” (Rancho Mirage Country Club Homeowners Assn. v. H azelbaker (2016) 2 Cal.App.5th 252, 258.) A homeowner association's complaint seeking relief in the f...

Excerpt: ...cts sufficient to constitute a cause of action and uncertainty. Initially, the op posing points and authorities is over the 15- page limit under California Rules of Court, rule 3.1113(d). The Court disregards the last three pages (pages 21 -23). (California Rules of Court, rule 3.1300(d).) First Cause of Action for Disability Discriminati on in Violation of the FEHA A prima facie case of disability discrimination requires a plaintiff to show that...

Excerpt: ...ly noticed. ( Javor v. State Board of Equalization (1974) 12 Cal.3d 790, 796 [117 Cal.Rptr. 305, 527 P.2d 1153]; Code Civ. Proc., §§ 430.30, 430.70.) “Accordingly, a complaint otherwise good on its face is subject to demurrer when facts judicially noticed render it defective.” ( Iram Enterprises v. Veditz (1981) 12 6 Cal.App.3d 603, 608 [179 Cal.Rptr. 1].) Taking judicial notice of a document is not the same as accepting the truth of its co...

Excerpt: ...et seq., (6) quiet title, and (7) injunctive relief. I. All filings were untimely. As an initial matter, the Demurrer, Opposition, and Reply were all untimely. First, the First Amended Complaint was served by email on November 8, 2022. Thus, the declaration for the automatic 30 -day extension was due December 8, 2022. Defendant did not file its declaration for an extension until a month later on January 8, 2023. This was untimely. Since the dea...

Excerpt: ...in aid of her claims for medical battery, assault and medical malpractice. Plaintiff has already been given an opportunity to amend, and she has not explained how further opportunity to amend could cure the deficiencies. Thus, no leave to amend is warranted with respect to these non-cognizable theories of relief. Additionally, Plaintiff's claim for negligence, without leave to amend, because it wholly overlaps with her claim for medical malpracti...

Excerpt: ...'s "purchase or condition of this vehicle" or "any resulting transacton or relationship (including any such relationship with third parties who do not sign this contract)". (RISC, Exhibit 2 to Ameripour Decl., page 6.) But this is taken out of context. In the RISC, it says that the arbitration agreement is between Plaintiff and "us" identified as the Seller-creditor. The RISC further says that any dispute with the Seller even if that arise out of...

Excerpt: ...f action for fraud-fraudulent inducement- concealment is governed by the 3-year statute of limitations in CCP section 338, subdivision (d). "In order for the bar of the statute of limitations to be raised by demurrer, the defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows that the action may be barred." (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403.) Plainti...

Excerpt: ...opposition. After several rounds of meeting and conferring and supplemental responses, Defendant's final response to SRFP no. 2 is assertion of the attorney-client privilege and attorney work product protection, along with the statement that such document are not discoverable if intended to be used solely for impeachment. [ld.; id. Exs. 8-1.] Defendant also later produced a privilege log in response to other discovery with related requests. The l...

Excerpt: ...e Hills Drive, Laguna Beach, California 92651 ("Subject Property"). As an initial matter, the Court notes Plaintiffs attempted to file a notice of stay on 11/17/2023, which was rejected by the Filing Clerk. Banesto noted the bankruptcy in their opposition and provided a copy of the chapter 13 petition. (Betpera Decl., '1 7, Exhibit 2.) On 11/17/2023, Banesto served and filed an objection to Plaintiffs' notice of stay. (ROA No. 54.) the filing of ...

Excerpt: ...aintiff") and his counsel, at the deposition noticed by Cross-Defendant. Plaintiff has already noticed, and taken, Mr. Castro's deposition. (Knaack Decl. at 7, 9, Exh. C.) Plaintiff is barred from taking a subsequent deposition of Mr. Castro, because Plaintiff has not shown that an exception to the "one deposition" rule applies. (Code Civ. Proc., S 2025.610.) Because Plaintiff's notice of taking a subsequent deposition of Mr. Castro violates CCP ...

Excerpt: ... 1145 (quoting Code Civ. Proc„ S 128, subd. (a)(5)). "[D]isqualificaton motions involve a conflict between the clients' right to counsel of their choice and the need to maintain ethical standards of professional responsibility." ld. "The paramount concern must be to preserve public trust in the scrupulous administration of justice and the integrity of the bar. The important right to counsel of one's choice must yield to ethical considerations t...

Excerpt: ...e to Request for Production of Documents, Set Two. Plaintiffs' request for the Court to take judicial notice of an opinion issued in Michaels v. Pentair Water Pool and Spa, Inc. pursuant to Evidence Code section 452, subdivisions (a) and (h) is DENIED. Plaintiffs did not show the opinion is relevant to making a determination on this motion. (Bell v. Greg Agee Construction, Inc. (2CN) 125 Cal.App.4th 453, 459, fn. 2.) Because Defendant did not sho...

Excerpt: ...ied responses, and has not served verified responses as of the date the motion was filed. Defendant also seeks monetary sanctions in the amount of $469.50 for each motion. At the 9/25/2023 hearing, the Court noted Defendant attached copies of Plaintiff's responses to form interrogatories instead of copies of Plaintiff's responses to the discovery at issue. On 10/2/2023, Defendant filed amended declarations showing Plaintiff served unverified resp...

Excerpt: ...question." (ld. at p. 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc., S 437c, subd. (p)(2).) The scope of this burden is determined by the allegations of the plaintiff's complaint. (FPI Development v. Nakashima (1991) 231 Cal.App.3d 367, 381-382 [pleadings...

Excerpt: ...f statutory liability must be pleaded with particularity, including the existence ofa statutory duty." (Searcy v. Hemet Unified School Dist. (1986) 177 Cal. App. 3d 792, 802.) "A public entity is not liable for any injury caused by the act or omission of the public entity or a public employee unless such liability is imposed by statute (Govt. Code S 815, subd. (a)), and liability imposed upon a public entity by statute is subject to statutory imm...

Excerpt: ...ntiff dismissed her second cause of action for elder abuse. [ROA #84.] Defendants make two arguments against Plaintiff's constructive fraud cause of acton. First, she does not sufficiently allege the elements of constructive fraud. Second, because Plaintiff's claim is really one for medical malpractice in their treatment of Plaintiff's decedent for COVID-19, her claim is barred under the federal Public Readiness and Emergency Preparedness Act, 42...

Excerpt: ...and for inspection if a statement of compliance with the demand is incomplete, a representation of inability to comply is inadequate, or an objection is without merit or too general. (Code Civ. Proc., § 2031.310(a).) The motion must set forth specific facts showing good cause to justify the discovery sought and be accompanied by a declaration stating facts showing a “reasonable and good faith attempt” to resolve informally the issues present...

Excerpt: ...ntoya, asserts a cause of action for loss of consortium. First Cause of Action for Medical Negligence The elements of a professional negligence cause of action are: (1) the duty of the professional to use such skill, prudence and diligence as other members of his profession commonly possess and exercise; (2) breach of duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resu...