Excerpt: ...nd Robert Cayton, also known as Orange County Superior Court Case Number 30 - 2012 - 00593016 -CUOE -CJC) ("Cayton Matter"). During the pendency of the Cayton Matter, but entirely unrelated to it, Plaintiff assisted the Chief Executive Officer of Defendant, Edward Clark ("Clark"), in a case involving the State Lands Commission. As a professional courtesy, any services Plaintiff provided to Clark related to Clark's case with th...

Excerpt: ...e statute of limitatio ns and Plaintiff is not entitled to the delayed discovery rule. Code of Civil Procedure section 338(d) provides that an action for fraud must be brought within three years. 6 “A plaintiff must bring a claim within the limitations period after accrual of the cause of action.” Fox v. Ethicon Endo -Surgery, Inc. (2005) 35 Cal. 4th 797, 806. “Generally speaking, a cause of action accrues at ‘the time when the cause of a...

Excerpt: ... Hartwick D efendants' demurrer to the first cause of action for quiet title in the initial complaint with leave to amend on 06/16/2023. Plaintiffs filed the FAC on 06/26/2023. “A quiet title action seeks to declare the rights of the parties in realty.... The object o f the action is to finally settle and determine, as between the parties, all conflicting claims to the property in controversy, and to decree to each such interest or estate t...

Excerpt: ...le 3.1354, subdivision (b). Defendants' Evidentiary Objections to Plaintiff's Evidence Nos. 3, 4, 11 and 15 are OVERRULED. The court declines to rule on the remaining objections on the grounds that they are not material to the disposition of the Motion. Procedural defect: Defendants' separate statement is deficient as to the alternative motion for summary adjudication. On a motion for summary adjudication, the separate statement must tie each �...

Excerpt: ...to control the conduct of its m inisterial officers and of all other persons connected with its proceedings in furtherance of justice.” Doe v. Yim (2020) 55 Cal.App.5th 573, 581. California Rules of Professional Conduct, Rule 1.9 provides in pertinent part: “(a) A lawyer who has formerl y represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interest...

Excerpt: ...the lines of each page must be one and onehalf spaced or double spaced and numbered consecutively.” This discovery motion was continued from 3/18/2024 for additional meet -and -confer efforts. Plaintiff withdraws its Motion with respect to Request Nos. 7, 16, and 24 . (Witkow Decl., ¶ 4.) Defendant asserts supplemental responses were served to Request Nos. 4, 5, 6, 7, 16, 18, 19, 20, and 24, though there is no indication when. (Le Decl., ¶ 3....

Excerpt: ...der compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or th e required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or too general. (b)(1) A motion under subdivision (a) shal...

Excerpt: ...blic funds and , thus, does not eliminate the claim presentation requirement. Meet and Confer The Court finds Defendants adequately attempted to meet and confer with Plaintiff. Legal Standard “The party against whom a complaint or crosscomplaint has been filed may obje ct, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds … [¶] The pleading does not state facts sufficient to co...

Excerpt: ...Plaintiff is self-represented. California Rules of Court, Rule 2.251(c)(3)(B) 6 provides that self - represented parties “are to be served by non -electronic methods unless they affirmatively consent to electronic service.” Code of Civil Procedure section 1010.6 provi des for electronic service of documents in cases filed on or after 1/1/19, but section 1010.6 subdivision (d)(4) states local rules requiring electronic filing and service mus...

Excerpt: ...r in the la st seven years; (2) someone who “repeatedly relitigates or attempts to relitigate, in propria persona” matters that have been finally determined against him or her; (3) someone who "while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers . . . or engages in other tactics that are frivolous or solely intended to cause unnecessary delay.” Code of Civil Procedure § 391(b). Code of ...

Excerpt: ... to exercise t he option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010) . . . [¶] (b) The party propoun ding the interrogatories may move for an order compelling response to the interrogatories. Defendant properly served its Form Interrogatories (Set One) on Plaintiff on April 11,...

Excerpt: ...aintiff is overruled as the papers were received timely, though improperly served. Plaintiff Pam Ragland filed a Complaint against Defendant Jeralyn Hirst (Jerri Hirst) for: (1) Personal Injury; (2) Willful Misconduct; (3) Intentional Infliction of Emotional Distress : and (4) Negligent Infliction of Emotional Distress. On 5/4/23 Plaintiff filed a First Amended Complaint (FAC) to add a fifth cause of action for Negligence. Defendant demurs t...

Excerpt: ...otional distress. Code of Civil Procedure section 425.16 applies to any cause of action arisin g from an “act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue.” Code Civ. Proc., § 425.16, subds. (b)(1), (e). Any such cause of action “shall be subject to a special motion to strike, unless the court determines that the plaintiff has established ...

Excerpt: ...cation, the court shall issue a right to attac h order if it finds all of the following: (1) The claim upon which the attachment is based is one upon which an attachment may be issued; (2) The plaintiff has established the probable validity of the claim upon which the attachment is based; (3) The attac hment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) The amount to be secured by th...

Excerpt: ...ns in Redlands, California.” (¶1 of SAC.) The Complaint asserts Plaintiff has standing to sue as an unincorporated association pursuant to Code of Civil Procedure section 369.5. (¶1 of SAC.) Pursuant to this provision, “[a] partnership or other unincorporated association, whether organized for profit or not, may sue and be sued in the name it has assumed or by which it is known.” Code Civ. Proc., §369.5, subd. (a). As discussed in Tenan...

Excerpt: ...) Strike out any irrelevant, false, or improper matter inserted in any pleading (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Code of Civil Procedure, § 436. “[T]o establish the insurer's ‘bad faith' liability, the insured must show that the insurer has (1) withheld benefits due under the policy, and (2) that such withholding was �...

Excerpt: ...ne whether the plaintiff has shown good cause that the official has unique or superior personal knowledge of discoverable information. If not, as will presumably often be the case in the instance of a large national or international corporation, the trial court should issue the protective order and 24 first require the plaintiff to obtain the necessary discovery through less intrusive methods.” Liberty Mutual Insurance Company v. Superior Cour...

Excerpt: ...urther responses which identify the documents responsive to each r equest. Thus, Defendant is compelled to provide further 26 responses to each request which identifies the documents responsive to each request. Defendant is also compelled to provide further responses to Requests Nos. 37 -41. These requests seek documents regarding repair codes. To the extent Plaintiff seeks only the two, twopage, pdf documents, Defendant is compelled to produce ...

Excerpt: ...on the grounds Plaintiffs have not sufficiently alleged facts to support a claim for punitive damages. Civil Code § 3294(a) provides for punitive damages “[i]n an action for breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the 28 defendant has been guilty of oppression, fraud, or malice. . .” Section 3294(c) defines malice, oppression and fraud as follows: “(1) “Malice” means ...

Excerpt: ... by Plaintiff Yenely Lopez are MOOT in part and GRANTED in part. (1) Plai ntiff seeks an order from the Court compelling Defendant Home Express Delivery Service, LLC to provide further responses to Form Interrogatories -General, Set One. Additionally, Plaintiff seeks monetary sanctions against Defendant and its attorneys of reco rd, Shannon Finley, esq., Greg Feldman, Esq. and PETTIT KOHN jointly and severally in the sum of $2,060.00. (ROA No. 47...

Excerpt: ...th Edon who is a “Manager, HR Operations” for ELEVANCE “(f/k/ a Anthem, Inc.)” who attests as follows: --In her role as Manager, HR Operations, she is responsible for managing technology processes for all new hire activities from the verbal and written offer through their start date; --Throughout he employment and i ncluding 2022 to the present, ELEVANCE has utilized an online applicant tracking system called “Taleo” to facilitate emp...

Excerpt: ...Defendant Smith Investment Group, LLC. (¶4 of Yun Declaration and E xhibit 2 thereto.) The Commercial Guarantee is a written contract which provides that “Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower [Smith Investment Group, LLC] to Lender [F irst Bank].” (Id.) Based on the above, the relevant claim is a “claim for money based on a contract,” as required. C...

Excerpt: ...heir agents, assigns, partners, employees, employers, and any individual or entity acting in concert with them from engaging acting in concert with them from engaging in the following is GRANTED: 23 1. Withdrawing, transferring, disposing, concealing and/or otherwise accessing any money in any bank or financial acco unt where any Plaintiff is identified as an account holder including checking accounts, savings accounts, money market accounts, C...

Excerpt: ...1600873201) (“Underlying Case”); appellate opinions in Case Nos. G059087 and G05 9753; and the complaint in the related case (Case No. 2022 -01284907) is granted. 5 Movants move to strike Cross -Complainant Jennifer Loeffler's sole claim against them in her Cross- Complaint – the second cause of action for violations of the Fair Debt C ollection Practices Act (FDCPA). Legal Standard Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal....

Excerpt: ... Instruments, Declaratory Relief, and Accou nting. Defendants' Request for Judicial Notice is GRANTED. Defendants move pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. section 2. The FAA provides: “A written provision in . . . a contract evidencing a transaction involving commerce to sett le by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, ...