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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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...