Excerpt: ... that its Software was suitable for Plaintiff's needs and would work constitute an express warranty.” (See FAC, ¶ 65.) In Opposition, Plaintiff contends that Defendant ignores the allegations that the warranties provided in writing are incorporated by reference. (See, e.g., FAC, ¶¶ 28-30, 48-52, 64-68, 73, Exhs. A-D.) Civil Code section 1791.2(a)(1) specifically defines “express warranty” as a “written statement”. As such, the allega...

Excerpt: ...thers may warrant those damages. In this instance, Plaintiff is seeking to impose punitive damages against the drunk driver's parents for negligently entrustment and negligence. It is not sufficient to show that the defendant's conduct was negligent, grossly negligent or even reckless, since such findings will not support a claim for punitive damages . Instead there must be conduct that is so vile, wretched, and loathsome that it would be looked ...

Excerpt: ...second session of deposition; (6) pay sanctions in the amount of $2,695. Initially, the court notes that Hernandez improperly combined two motions into one document and paid only one filing fee, as she seeks (1) an order compelling further responses to requests for production of documents served on 11/23/2020, and (2) an order compelling further responses to requests for production of documents accompanying the deposition notice served on 11/23/2...

Excerpt: ...s. A motion to compel further responses to request for production of documents must set forth specific facts showing good cause justifying the discovery sought by the discovery request. (CCP § 2031.310(b)(1).) Here, the following Requests for Production, Set One (“RFP”) are at issue: REQUEST NO. 45: Any and all DOCUMENTS relating to YOUR net worth from 2015 to present. REQUEST N0. 46: Any and all DOCUMENTS relating to YOUR balance sheets, pr...

Excerpt: ...ior to the hearing on this Motion and informed Defendant's counsel of same. (See Juarez Decl., ¶ 2, Exh. A.) As such, the Motion is MOOT as to these discovery requests. since Plaintiff has agreed to serve further responses and produce the documents requested. Special Interrogatory No. 19 seeks a yes or no answer only and does not seek the disclosure of any information included in a tax form . Request for Production No. 19 seeks information prote...

Excerpt: ... 945, 951 in support of its contention that the arbitration provision must either be stricken or the case bifurcated as to the issue of a public injunction. Blair analyzed the McGill rule which provides that a waiver of public injunctive relief in “any contract—even in a contract that has no arbitration provision”—is unenforceable under California law.” (Blair, supra, 928 F.3d at p. 827.) The McGill rule is a generally applicable contra...

Excerpt: ...ing thereto.” (Code Civ. Proc., § 128, subd. (a)(5).) This includes the power to disqualify counsel in appropriate cases. (In re Complex Asbestos Litig. (1991) 232 Cal.App.3d 572, 575.) “An attorney-client relationship reaches the point at which the attorney can be subject to a disqualification motion when a prospective client engages in preliminary consultations with the attorney with a view to retaining that attorney, even if retention doe...

Excerpt: ...Record Form submitted to the State by Dreambuilder dated February 18, 2020; Exhibit 2: Section 1-001 of the Caltrans Construction Manual entitled “Purpose” dated May 2018. GRANTED 2. Plaintiff seeks judicial notice of the following in support of its opposition: Exhibit 1: Caltrans 2018 Standard Specifications, Section 5- 1.43 – Potential Claims and Dispute Resolution, Pages 58 to 67; Exhibit 2: Caltrans 2018 Standard Specifications, Section...

Excerpt: ...efendant moves to Compel Further Responses to Form Interrogatories, Set 2. For the reasons stated above, the motion is untimely. Tentative Ruling: Defendants ACCION LABS US, INC. and EMEAL BENFORD CLARK,Jr. Motion to Compel Plaintiff SECURE CHANNELS, INC. to provide further substantive and verified responses to Defendants' form Interrogatories (Set Two) is DENIED as untimely. CCP§2024.020(a). Since the opposition to motion 2 is essentially a dup...

Excerpt: ...hat demonstrates some legitimate, nondiscriminatory reason for the action taken against the employee. [See Caldwell v. Paramount Unified School Dist., (1995), 41 CA4th 189, 202-203] Here, the Defendant proffered evidence that not only negates elements of each cause of action, but also shows that the decision to terminate Plaintiff was for a legitimate, nondiscriminatory reason; that is, Airborne terminated Mr. Forrester's employment based on what...

Excerpt: ...arty standing on the contract is substantially destroyed, the doctrine of commercial frustration may apply to excuse performance. Here, the Cross Complaint alleged: Defendant was required to make sixty (60) monthly payments of $3,560.64, payable on the twenty- seventh day of each month, beginning April 27, 2017. From April 27, 2017 to March 27, 2020, despite facing numerous unexpected issues with the Equipment, Cross-Complainants continuously per...

Excerpt: ... parties and their counsel should not be held in contempt for failure to comply with the Court's order. 1. Demurrer: Hernandez argues that the entire complaint is barred because under TAG's Articles of Incorporation, the “liability of the directors of the corporation for monetary damages shall be eliminated to the fullest extent permissible under California law.” Here, the complaint-in-intervention alleges misconduct, acts/omissions contrary ...

Excerpt: ...ection 815.2 does not govern property related defects. Such liability is governed by Government Code sections 830 to 835.4 and by the limitations set forth in sections 840 to 840.6 for a public employee's liability for dangerous public property conditions resulting from the employee's acts or omissions. The circumstances caused by the growth of the tree roots would constitute a dangerous condition despite Plaintiff's attempt to phrase a different...

Excerpt: ...elements of fraud, as it alleges 15 misrepresentations concerning the identity of the buyer of the Property and that Damon and Plaintiff would agree on specific terms for the seller financing as part of the proposed sale; Damon's knowledge of the falsity of these representations; intent to defraud; justifiable reliance by Plaintiff in causing Withdrawals to be prepared, notarized and delivered to the title company; and resulting damage in that Da...

Excerpt: ... to be effective, must be lodged with the court's electronic service providers. Rather than lodging the documents as required by the CRC, the court was referred to an internal website at the defendant's law firm. Defendants have offered no authority that provides “lodging” occurs when the court is provided with a web link. The defendants were given two chances to comply with the CRC and have been unable to comply. Tentative Ruling: Motion to ...

Excerpt: ...n of the first and second causes of action on the grounds that LAB never paid the option price: County contends that the Option Agreement provided that LAB was required to pay $100 in full upon execution of the Option Agreement. LAB contends that there was adequate consideration for the Option Agreement, that the payment was immaterial and that the County waived any breach. Evidence submitted by LAB raises a triable issue of fact as to whether LA...

Excerpt: ...ion is DENIED. The Court notes that recent cases have held that the court may summarily adjudicate an issue of duty without regard for the dispositive effect of such ruling on other issues of litigation. The County did not object to the motion on this ground. 1. LAB contends that Defendant County owed LAB a duty to provide LAB the exclusive option to lease the Premises during the Option Term. LAB contends that the Option Agreement provides the te...