Excerpt: ... allowing the inspection. Thus, Plaintiff's objection on the grounds Defendant previously inspected the premises is overruled. Plaintiff's objection on the grounds the Demand seeks to inspect irrelevant portions of the premises is overruled. Discovery is permitted 11 where the information sought is itself admissible or is reasonably calculated to lead to the discovery of admissible evidence. Code of Civil Procedure, § 2017.010. Discovery is libe...

Excerpt: ...pondent to ar bitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for rescission of the agreement. [¶] (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of...

Excerpt: ...RANTED. Timeliness Hunt opposes the demurrer on the grounds that it was not timely filed. Hunt served a copy of the summons and complaint on AVCA by substitute service on 06/06/2023, with a copy mailed on 06/12/2023. Accordingly, service was deemed completed on 06/22/2023. Cod e of Civil Procedure, § 415.20, subd. (a). The time for AVCA to demur expired 30 -days after service on 06/22/2023 which was a Saturday, therefore, AVCA had until 06/24/2...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...) 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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...