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: ...n the basis the attached exhibits are not file -stamped. As these documents give no indication they were filed, it is unclear whether they constitute “court records” for purposes of Evidence Code section 452, subdivision (d). The remainder of the request is granted. Previously the Court sustaine d Defendants' Demurrer to the Complaint, without leave to amend. Therefore, Defendants' request for an order dismissing this action is MOOT. (ROA N...

Excerpt: ...bjection. Plaintiff argues he answered the question, implying the obj ections are irrelevant. But the responses are not complete. This interrogatory is straightforward and seeks how much income Plaintiff claims to have lost as of result of Defendant's actions. This response does not require an expert opinion. Plaintiff all eges he was not paid for overtime, meal or rest periods, etc. Plaintiff should know how many days he worked, how many hours p...

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, ...

Excerpt: ...overy responses. (See Oppositions: 4:2 -12 [ROA Nos. 73, 75 and 79] a nd ¶6 of Reynolds Declarations [ROA Nos. 85, 86 and 87].) Indeed, Plaintiff concedes Defendant's new counsel has “worked diligently in providing code compliant Responses.” (See Replies 2:6 -8 and 5:20 -21 [ROA Nos. 89, 91 and 93].) Nonetheless, dueling req uests for sanctions remain. Pursuant to Code of Civil Procedure section 2030.300, subdivision (d), “[t]he court shal...

Excerpt: ... extent Cross -Complainant moves for summary adjudication, the Notice of Motion fai ls to comply with California Rules of Court, rule 3.1350, subdivision (b) which provides in pertinent part: “If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affir mative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion ...

Excerpt: ...ffected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anyone engaging in conduct that is a misuse of the discovery process…” the court may impose monetary, issue or evidentiary sanctions. CCP § 2030.290(c) provides: The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes ...

Excerpt: ...v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999 [“A “presentation o f extrinsic evidence is...not proper on a motion for judgment on the pleadings.”] As to the 12th cause of action for Unfair Business Practices, the Court finds the cause of action is not sufficiently pled. Here, Plaintiff alleges that as a result of Defendant's discrimination and retaliation toward Plaintiff and his wrongful termination, which constitutes unfair a...

Excerpt: ...cial Council.” Id., § 583.410, subd. (b). A court may not dismiss an a ction under section 583.410, subdivision (a), unless the defendant was not served within two years after the action was commenced or the action was not brought to trial, or conditionally settled, within two years after commenced against the defendant. Cod e Civ. 6 Proc., § 583.240, subd. (a), California Rules of Court, rule 3.1340(a). The computation of time for the aforem...

Excerpt: ...lying Case”) is granted. The HOA moves to strike Cross- Complainant Jennier Loe
¯ler's Þrst cause o action or breach o CC&Rs, third cause o action or violations o Rosenthal Fair Debt Collection Practices Act, and ourth cause o action or violations o the Consumer Credit Reporting Agencies Act in her Cross-Complaint (CC). Legal Standard Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67, holds: 5 “[W]e may summari...

Excerpt: ... granted if “it completely disposes of a cause of action, an a
¯irmative defense, a claim for damages, or an issue of duty.” Code of Civil Procedure § 437c(f)(1).) As used in this section, a “cause of action” means the invasion of a primary right, i.e., an injury, rather than a theory of liability. Lilienthal & Fowler v. Superior Court (1993) 12 Cal.App.4th 1848, 1854. Defendant/Cross-Complainant Emerson Maintenance Corporation (the “...

Excerpt: ...strike Plainti
¯ Jennier Loe
¯ler's Þrst cause o action or breach o CC&Rs and third cause o action or violations o Rosenthal Fair Debt Collection Practices Act in the First Amended Complaint (FAC). 12 Legal Standard Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67, holds: “[W]e may summarize a court's task in ruling on an anti-SLAPP motion to strike as ollows. Section 425.16, subdivision (b)(1) requires the court ...

Excerpt: ...aint) the Request is denied, on the basis the attached exhibits are not Þle-stamped. As these documents give no indication they were Þled, it is unclear whether they constitute “court records” for purposes of Evidence Code section 452, subdivision (d). The remainder of the request is granted. The doctrine of res judicata has two aspects: claim preclusion and collateral estoppel. People v. Barragan (2004) 32 Cal.4th 236, 252. “The prerequi...

Excerpt: ...822, 830. “An oral contract may be pleaded generally as to its e
¯ect, because it is rarely possible to allege the exact words.” Khoury v. Maly's of California (1993) 14 Cal.App.4th 612, 616. However, the burden of establishing an oral contract exists is on the party alleging breach. Sully v. Kern Drilling Corp. (1954) 126 Cal.App.2d 651, 654. Moreover, there cannot be both an express (written or oral) contract AND an implied contract that c...

Excerpt: ...he basic elements of a negligence action are: (1) The defendant had a legal duty to conform to a standard of conduct to protect the plainti
¯, (2) the defendant failed to meet this standard of conduct, (3) the defendant's failure was the proximate or legal cause of the resulting injury, and (4) the plainti
¯ was damaged as a result of the breach. Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917; CACI 400. “Premises liability is a form o...

Excerpt: ...ve a timely response, the following rules apply: [¶] (a) The party to whom the interrogatories are directed waives any right to exercise the 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 propounding the interrogatories may move for an order compelling ...

Excerpt: ...ohon to Compel Further Responses to Requests for Admission, Set One from Defendant Moulton Parkway Residents' Association No. One and Request for Sanctons is GRANTED. Plaintiffs Nikki Brunetti, Mireya Briseno, Yunue Sotelo, and Santiago Sotelo's Motion to Compel Further Responses to Requests for Production, Set One from Defendant Moulton Parkway Residents' Association No. One and Request for Sanctions is GRANTED. Plaintiff Nikki Brunetti's Motion...

Excerpt: ... 10-20-2023, which is attached as Exhibit A. Request for Judicial Notice as to Nos. 24 is also GRANTED. Appeals and Scope of Stay INC has appealed three rulings: 1) motion to compel satisfaction of judgment; 2) motion to assign interest in Inc's Florida judgment; and 3) motion to compel production of documents. Code of Civil Procedure S 915(a) creates an automatic stay when an appeal is filed. It provides in pertinent part: (a) [T] he perfecting ...

Excerpt: ...-2022. California Rules of Court, rule 3.1700(b)(1).) The Court finds this motion to be timely based on Defendant Elizabeth Torres' refiling of the Memorandum of Costs on 05-03-2023. CCP S 998 Reasonableness: Plaintiff contends Defendant's 998 offer was not reasonable because it was made only two months after Defendant answered the Complaint and before any discovery had commenced. "It is the general rule that where a party shows a prima facie ent...

Excerpt: ...t is a misuse of the discovery process. Pursuant to section 2023.010(g), misuse of the discovery process includes the disobeying of a court order to respond to discovery. The failure to comply must be willful. R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495; Vallbona v. springer (1996) 43 cal.App.4th 1525, 1545; Biles v. Exxon Mobil corp. (2004) 124 cal.App.4th 1315, 1327. Here, on 01-30-2023, the Court ordered Defenda...

Excerpt: ...onses without objections to Requests for Production, Form Interrogatories and Special Interrogatories, Sets One and to pay sanctions in the total amount of $1,800 to Defendant. Terminating Sanctions Defendant contends Plaintiff must be subject to terminating sanctions because she has "repeatedly and willfully abused the discovery process" by failing to respond to OCTA's discovery and failing to comply with the Court's 09-18-2023 order. 12 Disobey...

Excerpt: ...the hearing. As the hearing is 1/8/2024, the reply papers are late. Code of Civil Procedure 12c. Similarly, Santa Mix's Response (ROA 388) to plaintff's statement of undisputed facts was filed on 01/4/2024 at 10:43 AM. In addition to being late, the summary judgment statute does not provide for a Reply Separate Statement, nor are exhibits and evidence in support of reply papers generally allowed. Nazir v. United Airlines, Inc. (2009) 178 Cal. App...

Excerpt: ...ge the time for answer or demurrer." Code of Civil Procedure S 473(a)(1). "The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code." Code Civ. Proc. S 473(a)(1). Additionally, any judge, at any time before or after commencement of trial, ...

Excerpt: ...an anti-SLAPP motion to strike as follows. Section 425.16, subdivision requires the court to engage in a two-step process. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity. The moving defendant's burden is to demonstrate that the act or acts of which the plaintiff complains were taken 'in furtherance osf the [defendant]'s right of petition or fre...

Excerpt: ...ions will not lie where the action may be, but is not necessarily, barred. In order for the bar 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. (Geneva Towers Ltd. Partnership v. City and County of San Francisco (2009) 29 Cal 4 th 769, 781... )" Committee for Green Foothills v. Santa Clara Board of Supervisors (2010) 4...

Excerpt: ...n lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Secton 416.10, 416.20, 416.30, 21 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post offce box, with the person who is apparently in ...

Excerpt: ...O") and writ of attachment by filing an application with the court in which the action is brought. Code Civ. Proc. S 484.010. In the discretion of the court, the amount to be secured by the attachment may include estimated costs and allowable attornevs fees. Code Civ. Proc. SS 482.110 & 483.015. The court may only issue a RTAO if it finds the following: (1) The claim upon which the attachment is based is one upon which an attachment may be issued...

Excerpt: ...for Damages is GRANTED in part and DENIED in part. Defendant has agreed to withdraw its Second, Fourth, Twelfth, Thirteenth, Fifteenth, Twentieth, and Twenty-Third affrmative defenses. Therefore, 30 the Motion is GRANTED as to Issue numbers One through Six and Eight which address these affirmative defenses. The only remaining affirmative defense is the Twenty -First affirmative defense (Issue Seven). Pursuant to Code of Civil Procedure section 43...

Excerpt: ...revails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action." Civil Code S 1794(d). "'The plain wording of the statute requires the trial cou...

Excerpt: ...nd James Park are GRANTED. 18 Defendants' objections to the Declaration of Hyuck Kim are overruled. Legal Standard On a motion to quash for lack of personal jurisdiction, the plaintiff bears the burden of establishing by a preponderance of the evidence that the defendant has such "minimum contacts" with the forum state such that being subjected to its jurisdiction will not offend traditional notions of fair play. Epic Communications, Inc. v. Rich...

Excerpt: ...pliance with Business & Professions Code section 7068(b)(3). Under the Contractor State License Law, "a contractor may not maintain any action, legal or equitable, to recover compensation for the 'performance of any act or contract' unless the contractor was duly licensed 'at all times during the performance of that act or contract.'" Vascos Excavation Grp. LLC v. Gold (2022) 87 Cal.App.5th 842, 850 (Vascos). A corporation like Icon may qualify f...

Excerpt: ...nd consolidation is proper because this achon and the UD action involve the same parties; the parties are represented by the same legal counsel in both actions; inwlve claims related to the same real property located at 4 San Sebastian, Newport Beach, California ("Property"); concern the same agreements, i.e„ the Lease Agreement, the Residential Purchase Agreement, and the Option to Buy Agreement; and consolidation will promote cost savings and...

Excerpt: ...tial Withdrawal filed on 11/29/23 states the motion is withdrawn as to RFPs4, 6, 13, 37, 38, 46, 48-51, and 55-58. Plaintiff states the following RFPs remain at issue: 1-3, 5, 7-12, 14-17, 19, 20, 22, and 27-36. Based on the Opposition and Notice of Partial Withdrawal, it is unclear which RFPs remain in dispute. Therefore, the parties are ordered to further meet and confer to clarify and narrow the issues for the Court. Defendant shall diligently...

Excerpt: ...he notce of moton and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service, electronic service, or mail." If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and Rule 2.251, Rule 3.1362(d) requires Moving Counsel to submit a declaration stating that the electronic service addres...

Excerpt: ...to the Court's ruling. Defendants' moton for summary judgment, or in the alternative summary adjudication, to Plaintiff Marvin Diaz Rivas' Complaint asserts: 1. There is no evidence any Intelligrated product at Tilly's warehouse had any manufacturing defect, and therefore summary judgment should be granted as to all claims in Plaintiff's Complaint premised on alleged manufacturing defects. 2. There is no evidence any Intelligrated product at Till...

Excerpt: ...rt of or in opposition to the motion." l. In support of its motion for summary judgment, Plaintiff submitted evidence of the following material facts: • On June 3, 2022, Defendants executed and delivered to Plaintiff a settlement agreement whereby they agreed to pay $110K to Plaintiff in exchange for a release of claims against them regarding a failure to repay loan no. 484-50178-1 between the parties. A copy of the settlement agreement is atta...

Excerpt: ...2024" (Reply 6:1-7:12 and attached text at Exhibit "B") is GRANTED on the grounds that it is new matter not raised in the moving papers. San Diego Watercrafts, Inc. v. Wells Fargo Bank (2002) 102 Cal.App.4th 308, 315. Respondent challenges the Petition on the grounds Petitioner cannot identify a mandatory duty of the Sheriff to issue a Concealed Carry Weapon ("CCW") license. Code of Civil Procedure section 1085, subdivision (a), provides: "A writ...

Excerpt: ...ce and Nicole Lawrence are OVERRULED in part and 39 SUSTAINED in part with 20 -days leave to amend. Alternative Dispute Resolution Prerequisite to Civil Action : Defendants challenge the Complaint on the grounds that Plaintiffs failed to comply with the alternative dispute resolution prerequisite to a civil achon under Civil Code section 5930. Civil Code secton 5930 provides in pertinent part: "(a) An association or a member may not file an enfor...

Excerpt: ...e of action for intentional infliction of emotional distress are: "(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintff suffered severe emotional distress; and (3) the defendant's extreme and outrageous conduct was the actual and proximate cause of the 35 severe emotional distress. " Crouch v. Trinity Christian Center of Santa A...

Excerpt: ...th not only of all facts 29 properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.)" City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459. Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substant...

Excerpt: ...arty may move for an order compelling a further response if the party deems that any of the following apply: [9] (1) An answer to a particular interrogatory is evasive or incomplete. [q] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [q] (3) An objection to an interrogatory is without merit or too general. (b)(l) A motion under subdivision (a...

Excerpt: ...nd best evidence rule. Objection No. 7 is a duplicate of No. 6. There is no objection No. 1. Code of Civil Procedure S 425.16 provides: "A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the united States Constitution or the California Constitution in connection with a public issue shall be subject 5 to a special motion to strike, unless the court determine...

Excerpt: ...ourt, Southern District of Florida, Case No. 18 -61907 -CIV ("Florida Judgment"). Defendants ROI Property Management Group, LLC and ROI Property Group 2, LLC seek an assignment to ROI of all or part of a right to payment on the Florida Judgment pursuant to Code of Civil Procedure S 708.510. An assignment order is a court order assigning to the judgment creditor the debtor's right to payments due from a third person. It is authorized by Code of Ci...

Excerpt: ...her for legal services" for lack of personal knowledge and OVERRULED as to the remainder of the paragraph. Defendant's Objections No. 2 is SUSTAINED based on lack of personal knowledge. Defendant's Objection No. 3 is SUSTAINED based on Evidence Code S 356. Defendant's Objection No. 4 is OVERRULED. 10 Defendant's Objection No. 5 is SUSTAINED based on lack of personal knowledge. Defendant's Objection No. 6 is OVERRULED. Defendant's Objection No. 7 ...

Excerpt: ...ate Farm Mutual Automobile Company (2012) 211 Cal. App. 4th 1, 8—9. The Court GRANTS Plaintiffs' Request for Judicial Notice. The Court denies the request for oral testimony. California Rules of Court, rule 3.1306(b). Code of Civil Procedure secton 526, subdivision (a)(2), states, "(a) An injunction may be granted in the followng cases: "(1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief,...

Excerpt: ...Network, LLC and Platinum Properties Investor Network, Inc. (Platinum) moves for an order staying prosecution of Crosscomplainants ROI Property Group Management, LLC and ROI Property Group 2, LLC (ROI)'s First Amended Cross-complaint. Platinum first argues prosecution of ROI's FACC should be stayed until the Court issues an interlocutory order determining Plaintiff American First Credit Union has the right to interplead funds. On 10-20-2023, the ...

Excerpt: ...p.4th 1, 5-6. General averments the defendants violated the contract are insuffcient and the complaint must allege facts demonstrating breach. ld. Here, the allegations in the first cause of action arise out of the alleged breach of a Digital Services Agreement. (Exhibit A to FACC) Cross-Defendants allege the demurrer should be sustained because the FACC does not allege what specific provisions of the Agreement were breached. For example, the FAC...

Excerpt: ... no triable issue of material fact and that he is entitled to judgment as a matter of law.... There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the moton in accordance with the applicable standard of prtnf.... Thus, a plaintiff [moving for summary judgment] bears the burden of persuasion that "each element of" the "cause of acti...

Excerpt: ...hout costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issues of law thereon..." Additionally, the failure to oppose the Demurrer may be construed as having abandoned the claims. Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 ["Plaintiffs did not oppose the County's demurrer to this portion of their seventh cause of achon and have submitted no argument on the issue in their briefs ...

Excerpt: ...t but for Defendants' misconduct, Plaintiff would have obtained a more favorable result. "To prevail in a legal malpractice action, "[s]imply showing the attorney erred is not enough." [citationl The plaintiff must also establish that but for the alleged malpractice, settlement of the underlying lawsuit would have resulted in a better outcome." Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154, 156. Here, the Complaint alleges Defendants engaged in...

Excerpt: ...on or proceeding. Code of Civil Procedure S 437c(a)(1). For purposes of summary judgment, a defendant has met fts burden of showing that a cause of action has no merit if the party has shown that one 35 or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Code Civ. Proc. S 437c(p)(2). Once the defendant has met that burden, the burden shifts to ...

Excerpt: ... process by which the parties agree to submit their dispute to binding resolution by one or more impartial third persons. Herman Feil, Inc. v. Design Center of Los Angeles (1988) 204 cal.App.3d 1405, 1414; Air Line Pilots Association v. Miller (1988) 523 U.S. 866, 876. Both state and federal law provide for enforcement of arbitration agreements. Code of 19 Civil Prc„cedure SS 1280 et seq.; 9 U.S.C. SS 1 et seq. While there is a policy in favor ...

Excerpt: ...when the trial court concludes that lesser sanctions would not bring about the compliance of 22 the offending party." R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 496. "The discovery statutes evince an incremental approach to discovery sanctions, starting with monetary sanctions and ending with the ultimate sanction of termination. 'Discovery sanctions "should be appropriate to the dereliction, and should not exceed tha...

Excerpt: ...es of action: (1) Intentional Interference with Prospective Economic Relations (By All Cross-complainants Against Cross-Defendants Debra Scalice, David Tsai, Michael Tsai, David Jeranko); (2) Negligent Interference with Prospective Economic Relations (By All Cross-complainants Against CrossDefendants Debra Scalice, David Tsai, Michael Tsai, David Jeranko); (3) Interference with Contractual Relations (By All Cross-complainants Against Cross-Defend...

Excerpt: ...tract in the First Amended Cross-complaint (FACC) and granted as to the second cause of action for bad faith in the FACC. Plaintiff's request for judicial notice of documents filed in the County Recorder's Office and this Court is granted. The request for judicial notice of such documents by Defendants/crosscomplainants Asset Development, LLC (AD) and Lunar Maria Operations, Inc. (LM) (collectively "Defendants") is also granted. 25 Defendants' ob...

Excerpt: ...stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for cause shown, may order that specified discovery be conducted notwithstanding this subdivision." "If the plaintiff makes a timely and proper show-ng in response to the motion to strike, that a defendant or witness possesses evidence needed by plaintiff to establish a prima facie case, the plaintiff must be given th...

Excerpt: ...ion. INC'S Evidentiary Objections are OVERRRULED as to Objection Nos. 1-6. On February 3, 2022, the Court granted ROI's Motion to Compel Responses to Post-Judgment Requests for Production of Documents, Set One, and ordered INC to documents and provide responses without objections by February 14, 2022. (ROA 615.) INC served its responses to the request on February 28, 2022, and supplemental responses on March 21, 2022. ROI brought a second motion ...

Excerpt: ...te Finnegan is the prevailing party and entitled to attorney fees. Plaintiff only disputes the amount of attorneys' fees requested. When authorized by contract, statute or law reasonable attorney fees are "allowable costs." Code of Civil Procedure S 1033.5(a)(10)(A), (8) & (C); Santisas v. Goodin (1998) 17 cal.4th 599, 606; Pacific custom Pools, Inc. v. Turner const. co. (20C0) 79 cal.App.4th 1254, 1268; Harris v. Wachovia Mortgage, FSB (2010) 18...

Excerpt: ...t but for Defendants' 5 misconduct, Plaintiff would have obtained a more favorable result. "To prevail in a legal malpractice action, "[s]imply showing the attorney erred is not enough." [citationl The plaintiff must also establish that but for the alleged malpractice, settlement of the underlying lawsuit would have resulted in a better outcome." Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154, 156. Here, the Complaint alleges Defendants engaged ...

Excerpt: ...ponse, the following rules apply: (a) The party to whom the interrogatories are directed waives any right to exercise the 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). The court, on motion, may relieve that party from this waiver on its determination that both of the follo...

Excerpt: ...hom the interrogatories are directed waives any right to exercise the option to writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege 29 or on the protection for work product under Chapter 4 (commencing with Secton (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories. [q] (c) The court shall impose a monetary sanction under Chapt...

Excerpt: ...l issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.)" City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459. Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegat...

Excerpt: ...stile Work Environment This cause of action has been dismissed. (ROA 17.) The demurrer is MOOT. Fifth Cause of Acton - Intentional Infliction of Emotional Distress To state a cause of action for Intentional Infliction of Emotional Distress ("IIED"), the plaintiff must 5 allege: (1) outrageous conduct by the defendant; (2) the defendant's intention of causing or reckless disregard of the probability of causing emotional distress; (3) the plaintiff...

Excerpt: ...acts/issues which Defendant denied. Plaintiffs contend Defendant unreasonably denied the following requests : Request No. 10: Admit that the elevated planter you constructed, or had constructed, was done without obta-ning permits. Request No. 12: Admit that the elevated planter you constructed, or had constructed, was done without obtaining the approval of the Trinidad Island Homeowner's Associaton. Request No. 15: Admit that you negligently cons...

Excerpt: ...xtension to April 6, 2023. (96 of Moniz Declaration and Exhibit 5 thereto.) Likewise, the motion is adequately supported by efforts to meet and confer, as required by Code of Civil Procedure secton subdivision (b)(l). (96-97 of Moniz Declaration and Exhibits 5 and 6 thereto.) On the merits, the separate statement sought further responses as to Form Interrogatories Nos. 2.6, 2.7, 2.8, 4.1, 8.2, 8.4, 8.5, 17.1 and 50.1. (See ROA No. 21.) Per the De...

Excerpt: ... Contempt against Monarch Law Group APC; (4) to report the finding of contempt against Monarch Law Group APC to the State Bar; (5) for an order to pay any and all unpaid sanctions owed to MVP Trial Lawyers; (5) for reasonable attorney's fees, expenses and costs of preparation of this motion; and (6) for punitive and other damages the Court deems suitable. On 5/8/23, the Court issued an order granting Plaintiff Bahadini sanctions in the amount of ...

Excerpt: ...erve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered. 'l (b) A notice of moton to set a...

Excerpt: ...e with Prospective Advantage; and 4. Intentional Misrepresentation This action arose from a commercial lease of property located at 13692 Harbor Blvd. #C in 15 Garden Grove, California. (91, 94 and 97 of Complaint.) Specifically, the action references a Lease Agreement executed on or around April 1, 2020. (97 of Complaint.) The relevant agreement is attached as Exhibit 1 to the Declaration of Defendant Vinh Nguyen. (91 -92 of Nguyen Declaration a...

Excerpt: ...As such, the only issue involved in a demurrer hearing is whether the complaint, unconnected with extraneous matters, states a cause of action. McKenney v. Purepac Pharmaceutical Co. (2008) 167 Cal.App.4th 72, 77. If the complaint fails to state a cause of action, the court must grant the plaintiff leave to amend there is a reasonable possibility the defect can be cured by amendment. Blank, supra, at 318. On the other hand, "a trial court does no...

Excerpt: ...rsuant to Evidence Code section 452, subdivision (d), Defendants have not identified or provided the specific court records for which judicial notice is being sought. Evid. Code 5453, subd. (b) and California Rules of Court, rule 3.1305(c). Additionally, the request is denied as irrelevant. Zucchet v. Galardi (2014) 229 Cal.App.4th 1466, 1474, fn. 5. The criminal case referenced by Defendants is against an unidentified non-party and no relevance ...

Excerpt: ...child abuse" (Amended Complaint, pp. 1-2), such causes of achon are insufficiently pled because the Amended Complaint does not plead the elements of defamation and "child abuse" is not a cause of action. Pursuant to Code of Civil Procedure secton 430.10(f), a party against whom a Complaint has been filed may object by demurrer when the pleading is uncertain. "Uncertain" includes ambiguous or unintelligible. (ld.) Additionally, pursuant to Code of...

Excerpt: ...ions; and (2) fails to state fact suffcient to allege a cause of action. "A fraud cause of action, whether based on intentional misrepresentation or concealment, is governed by the three -year limitations period set forth in Code of Civil Procedure section 338, subdivision (d)." Ivanoffv. Bank of America, NIA. (2017) 9 Cal.App.5th 719, 734. The FAC alleges Plaintiffs purchased the Subject Vehicle on March 21, 2019. (FAC, '14.) The lawsuit was fil...

Excerpt: ...n their entirety. Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67, holds: "[W]e may summarize a court's task in ruling on an anti-SLAPP motion to strike as follows. Section 425.16, subdivision (b)(l) requires the courtto engage in a two-step process. First, the court decides whether the defendant has made a threshold showng that the challenged cause of achon is one arising from protected activity. The moving defendant's burde...

Excerpt: ...Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2023) '1 9:82.5; see also Code Civ. Proc., S 1014 ["After appearance, a defendant or the defendant's attorney is entitled to notice of all subsequent proceedings of which notice is required to be given"]. ) Here, the proof of service for the Moton to Strike only establishes Defendant Cheryl Walsh served Plaintiff and Defendant Nadia K. Starner (pro per). Walsh failed to serve the Motion on Su...

Excerpt: ...0, 11 and 12. 18 Platinum failed to comply with California Rules of Court, Rule 3.1110(f)(4), which provides: "Electronic exhibits must meet the requirements in rule 2.256(b). Unless they are submitted by a self-represented party, electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit." The Court expects...

Excerpt: ...ss, knowing he was deceased. Accordingly, Defendants were ordered to re-serve 7 the motion at Plaintiff's law firm address and his last known home address by certified mail. Defendant's counsel Steven Wysocky submitted his declaration regarding attempts to locate the successor in interest to Plaintiff Hugh Greg. (ROA 115). Those attempts included phone calls to numbers listed for Mr. Gregg, as well as property record searches, emails, and regular...

Excerpt: ...only to the first cause of action for violation of the California Self-Service Storage Act (Act) and second cause of acton for violation of the Unfair Competition Law (Demurrer, 1:26-2:11), while the memorandum of points and authorities argues all four causes of achon are insufficiently pled. The notice of motion must state in the first paragraph exactly what relief is sought and the grounds on which the relief is sought. Code of Civil Procedure ...