Excerpt: ...80) 111 Cal.App.3d 82, 88–89.) “In order to justify an award of punitive damages on this basis, the plaintiff must establish that the defendant was aware of the probable dangerous consequences of his conduct, and that he wilfully and deliberately failed to avoid those consequences.” (Taylor v. Superior Court (1979) 24 Cal.3d 890, 895–896.) “One who willfully consumes alcoholic beverages to the point of intoxication, knowing that he ther...

Excerpt: ...ix months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was n...

Excerpt: ...inability to comply is inadequate, or an objection is without merit or too general. (Code Civ. Proc., § 2031.310(a).) The motion must be accompanied by a declaration stating facts showing a “reasonable and good faith attempt” to resolve informally the issues presented by the motion before filing the motion. (Code Civ. Proc., §§ 2016.040, 2031.310(b)(2).) On June 29, 2022, Plaintiff sent a meet and confer letting requesting further response...

Excerpt: ... (a) is not whether an elderly litigant might die before trial or become so disabled that she might as well be absent when trial is called. Provided there is evidence that the party involved is over 70, all subdivision (a) requires is a showing that that party's ‘health ... is such that a preference is necessary to prevent prejudicing [her] interest in the litigation.' [Citation.]” (Fox v. Superior Court (2018) 21 Cal.App.5th 529, 534-535, em...

Excerpt: ...” (Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, 495, review denied (Nov. 24, 2020).) “However, there are several exceptions that allow a nonsignatory to invoke an agreement to arbitrate.” (Ibid.; citing JSM Tuscany, LLC v. Superior Court (2011) 193 Cal.App.4th 1222, 1236-1237].) “The doctrine of equitable estoppel is one of the exceptions.” (Ibid.) “Under the doctrine of equitable estoppel, as applied in both federal and Califor...

Excerpt: ...ontract he (“Contract”) and the Contract contains an arbitration provision in paragraph 22B thereof which covers the claims asserted against him. (See Smith Decl., ¶ 2, Exh. 1, at paragraph 22B.) Although the Contract states it is entered into Plaintiff KYLE as “Buyer” and Defendant PEPIN as “Seller” and is executed by Plaintiff Maloney as KYLE's Manager, the Verified First Amended Complaint (“FAC”) alleges that Plaintiff MALONEY...

Excerpt: ...will not be substantially prejudiced in maintaining that party's action or defense on the merits. (c) The court may impose conditions on the granting of the motion that are just, including, but not limited to, the following: (1) An order that the party who obtained the admission be permitted to pursue additional discovery related to the matter involved in the withdrawn or amended admission. (2) An order that the costs of any additional discovery ...

Excerpt: ...th alternative and peremptory writs, an application for an alternative writ, a memorandum in support of the application, declaration of counsel re ex parte notice, and a proposed alternative writ with blanks for the date and time of the OSC hearing. (Asimow, et al. (The Rutter Group November 2021 update) Cal. Prac. Guide: Administrative Law, at ¶ 18:110.) Normally, the memorandum filed with the application for alternative writ will be the memora...

Excerpt: ...alice” is defined as conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (CC § 3294(c)(1).) “Oppression” is defined as despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights. (CC § 3294(c)(2).) “Fraud” is defined as an...

Excerpt: ...es/curriculum vitaes. The pertinent time frame is from the start of their employment through the reduction-in-force in November of 2019. Defendant objected on the grounds the Requests seek information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence; is overly broad and unduly burdensome in scope; and seeks confidential information protected by privacy rights of its non-party employees. The crux o...

Excerpt: ...st her fail to state sufficient facts. The HOA contends that the Trespass and Breach of Contract causes of action against it also fail to state sufficient facts. Hyland also moves to strike Plaintiff's claim for punitive damages and the HOA moves to strike Plaintiff's claim for costs of repair and attorneys' fees in connection with her trespass claims. As an initial matter, the Court notes that Hyland failed to properly meet and confer prior to f...

Excerpt: ...the red traffic signal, a vehicle driven by Defendant Justin Mayall Installations, Inc.'s employee, Defendant Romualdo Lobatopozos [sic], rear-ended Plaintiff. As a result of the collision, Plaintiff suffered severe personal injuries requiring medical treatment. It is further undisputed that Mayall is being sued under the theory of respondeat superior. “Under the doctrine of respondeat superior, an employer is liable for the torts of his employ...

Excerpt: ...ery at this time. It appears that the photographs constitute expert writings that were developed as a result of the initiative of counsel in preparing for trial. Shimano's counsel testified that in January 2020 he attended an inspection of the subject bicycle along with Shimano's retained expert consultant at the offices of Plaintiff's counsel, Sutton & Murphy. (ROA # 99, Declaration of Michael R. Mauge (“Mauge Decl.”), ¶ 2.) RNR representat...

Excerpt: ...rsal (“Terra”), Plaintiff's employer subsequent to Defendants, and seeks documents reflecting Terra's hiring of Plaintiff, any request for accommodations made by Plaintiff, any notice of disability provided by Plaintiff, any accommodation provided by Terra to Plaintiff, and Plaintiff's earnings during his employment with Terra. (Id., Ex. 3.) Pursuant to Code of Civil Procedure section 1987.1(a), “[i]f a subpoena requires the attendance of a...

Excerpt: ...thority to rule on motions to compel other than to deny them. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) Here, Plaintiffs assert that the motion is timely because “Defendant's counsel granted Plaintiffs a four (4) week extension to file the present motion in exchange for a reciprocal extension to allow the parties to continue their meet and confer efforts. [Citation.]” (Motion, 5:12-14; (Declaration of Assal Assassi (“Assa...

Excerpt: ...ion, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including pro...

Excerpt: ...ny scope as to time or the Hyundai Sonata model for which the documents are sought. 2. Request No. 31 Request No. 31 states: “All communications between Hyundai executives and various employees about the manufacturing defect of the subject vehicle's engine.” Plaintiffs claim these communications establish the fraud alleged in Plaintiffs' complaint. Plaintiffs provided the names of 36 executives who they suspect were involved in the communicat...

Excerpt: ...App.4th 1, 15.) Defendant has failed to meet this burden. First, contrary to Defendant's contentions, Plaintiff did not expressly agree to arbitrate her claims against Defendant HYUNDAI. The arbitration agreement explicitly requires only that the Plaintiff and the signatory-seller to resolve “any dispute between us”—i.e., any disputes between plaintiffs and the nonparty seller (including the seller's employees, agents, assigns)—by binding...

Excerpt: ... B thereto). Moreover, there appears to be no dispute that all moving Defendants are entitled to enforce the Agreement. Per the Acknowledgement, the term “Company” is defined as “Lennar Corporation and all of its subsidiaries affiliate companies.” (¶6 and ¶9 of Barnes Declaration, as well as Exhibit D thereto; See also ¶3 of Cruz Declaration and Exhibit B thereto). Additionally, per the Acknowledgement, the ADR Policy includes claims a...

Excerpt: ...t (1987) 192 Cal.App.3d 1251, 1261-62 [““If the good faith settlement is contested, section 877.6, subdivision (d), sets forth a workable ground rule for the hearing by placing the burden of proving the lack of good faith on the contesting party. Once there is a showing made by the settlor of the settlement, the burden of proof on the issue of good faith shifts to the nonsettlor who asserts that the settlement was not made in good faith. [Cit...

Excerpt: ...for another case, Louis Nava v. Related Management Company, L.P., Case no. 30-2019-01096579. In addition, Plaintiff's Opposition does not include a copy of Plaintiff's 998 Offer that Defendant accepted. As such, on the initial hearing date of May 2, 2022, the Court continued the hearing to July 11, 2022 and ordered Defendant to file and serve a supplemental declaration including a copy of Plaintiff's 998 Offer no later than nine court days before...

Excerpt: ...ithin the time allowed for that party to amend the initial pleading. The defendant or cross- defendant may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. The court, on its own motion, may reclassify a case at any time. A motion for reclassification does not extend the moving party's time to amend or answer or otherwise respond. The court shall grant the motion and enter an order for r...

Excerpt: ...al notice of Exhibit D pursuant to Evidence Code section 452(c) and (h). The Court grants Plaintiffs' request for judicial notice of Exhibit 6 in support of the Reply pursuant to Evidence Code section 452(c) and (h). Motion: Plaintiffs seek an order for judgment on the pleadings in their favor on CHILANG 1279 Association's (“CHILANG 1279”) Cross-Complaint on the grounds CHILANG 1279's status as a California corporation has been suspended. Alt...

Excerpt: ... the expert fees from the claimed $13,159.08 down to $10,814.13, as agreed to by ATPA (see Hall Decl. ¶ 6, Ex. 5; Opp. at p. 2, fn. 1). $105.35 – This amount reflects the reduction of what appear to be excessive e-filing costs totaling $175 ($25 each) claimed on 7/16/19, 10/9/19, 10/25/19, 3/5/21, 4/26/21, 5/12/21 and 7/9/21, down to the more reasonable amount $9.95 each. $1,535.25 – This amount reflects those costs claimed for certain unspe...

Excerpt: ...nths of entry of default and notice of entry of judgment, so the motion for relief under section 473.5 is timely. Relief Under CCP § 473(b). CCP § 473(b) provides, in pertinent part: “[Discretionary relief provision.] “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surpri...