Excerpt: ...or inferred from those expressly alleged in the complaint. [Citations.]” City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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 substantial justice between the parties.” Perez v. Golden Empire Transportation Transit ...

Excerpt: ...oes not contain any specific factual allegations, directed against this entity. At most, a review of the Complaint reveals conclusory allegations directed towards the Doe Defendants, in whole. (See ¶39, ¶41, ¶47, ¶48 and ¶56 of Complaint). While Plaintiff asserts Defendant Realty One Group, Inc. is liable for the conduct of Defendant Chacon (Opposition: 6:17-7:12), there are no allegations in the Complaint that Defendant Chacon was an agent ...

Excerpt: ...” (Id.) "Under the primary assumption of risk doctrine, a person does not owe a duty to protect others from risks inherent in certain recreational activities.” Id., citing Knight v. Jewett (1992) 3 Cal.4 th 296, 315-317. “Where the doctrine applies to a recreational activity, operators, instructors and participants in the activity owe other participants only the duty not to act so as to increase the risk of injury over that inherent in the ...

Excerpt: ...nts out Defendants' documents in opposition were filed one day late. However, the Court will exercise its discretion to consider the opposition documents. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of per...

Excerpt: ...enged and the grounds, therefore. (California Rules of Court, Rule 3.1320 (a), (c) and Code Civ. Proc. § 430.60.) Here, the demurrer is defective because no separate Demurrer was filed. However, since Plaintiff did not object on this ground, the Court will rule on the merits. Fourth cause of action for fraud and fifth cause of action for Negligent Misrepresentation: The elements of fraud that give rise to a tort action for deceit are: (a) misrep...

Excerpt: ... with the clerk, or judge, or entered in the minutes, or upon the motion of a party to a written contract or lease that provides that any controversy arising therefrom shall be heard by a referee if the court finds a reference agreement exists between the parties: (a) To hear and determine any or all of the issues in an action or proceeding, whether of fact or of law, and to report a statement of decision. (b) To ascertain a fact necessary to ena...

Excerpt: ...Roberts v. Sup.Ct. (Weist) (1973) 9 Cal.3d 330, 337. However, a mental or physical exam cannot be compelled where no continuing injury is claimed; e.g., where plaintiff alleges only physical injury or emotional distress in the past. Doyle v. Sup.Ct. (Caldwell) (1996) 50 Ca.App.4th 1878, 1886-1887; The Rutter Group, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 8I-3 at 8:1553. In addition, the motion to compel a mental examination shall be granted o...

Excerpt: ...ts the pleading alone, and not the evidence or the facts alleged. . . . To the extent there are factual 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...

Excerpt: ...cts sufficient to prove the defense with the same level of detail a plaintiff is required to allege ultimate facts to support a cause of action in a complaint. FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384; 5 Witkin, Cal. Proc. 5th (2008) Pleading, § 1082, p. 515. Although the demurrer was filed one day late, the Court will exercise its discretion to address the merits of the motion. See Jackson v. Doe (2011) 192 Cal.App.4th ...

Excerpt: ... DENIED. On January 3, 2022, the Court entered “Judgment in Favor of All Defendants” (“Judgment”). On January 5, 2021, Defendants served Plaintiff with a Notice of Entry of Judgment. (Orland Decl., ¶ 3, Ex. A.) In this motion, Plaintiff asks the Court to either strike Section 3 in its entirety from the Judgment, or in the alternative, strike the last sentence which states: “Crown Valley Holdings, LLC, Westport Capital Partners, LLC, WC...

Excerpt: ...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.4 th 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 substantial justice between the parties.” Perez v. Go...

Excerpt: ... on “information and belief” are improper, where a Complaint fails to allege “such information that lead[s] [the plaintiff] to believe that the allegations are true.” Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 551, fn. 5; See also Pridonoff v. Balokovich (1951) 36 Cal.2d 788, 792. To meet the above standard, the Amended Cross-Complaint adds the allegations, “individual GUTCHEON was the sole person to perform work for KOASTAL on D...

Excerpt: ... v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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 substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4 th 1228, 1238, provides, “This rule of liberal construction m...

Excerpt: ...5th 989, 996.) The Court must determine “whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense.” (Id.) The Court assumes “the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken.” (Id.) “A demurrer must dispose of an entire cause of action to be sustained.” (Fremont I...

Excerpt: ...of action has not merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of ...

Excerpt: ...the party's option to produce writings. ¶ (3) An objection to the particular interrogatory.” If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure fully to answer the interrogatories. (Coy v. Sup.Ct. (1962) 58 Cal.2d 210, 220-221; Fairmont Ins. Co. v. Sup.Ct. (2000) 22 Cal.4th 245, 255.) “Unless otherwise limited by order of the court … any party may obtain discovery regardin...

Excerpt: ...iability for the plaintiff's injuries.” (Tech-Bilt, Inc. v. Woodward-Clyde & Assocs. (1984) 38 Cal.3d 488, 499.) In making such a determination, the court considers the following factors: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plaintiffs; (4) the recognition that a settlor should pay less in settlement t...

Excerpt: ...c Performance; (4) Conversion; (5) Permanent Injunction; (6) Fraud; (7) Negligent Misrepresentation; (8) Breach of Covenant of Quiet Enjoyment of the Premises; (9) Elder Abuse; (10) Intentional Infliction of Emotional Distress; and (11) Negligent Infliction of Emotional Distress. The Complaint alleges Plaintiffs and Defendants entered into a written lease agreement concerning a property owned by Defendants, which was amended with a lease option a...

Excerpt: ...ar, Chad Raymond and Kaila Raymond (collectively, “Plaintiffs” or “Cross-Defendants”), filed this action against Defendant Dawna Ludwig (“Defendant” or “Cross-Complainant”) asserting claims for financial elder abuse/constructive fraud, fraudulent and sham marriage, conversion/constructive trust and declaratory relief. On May 4, 2018, Defendant filed an unverified cross-complaint against Plaintiffs alleging claims of financial elde...

Excerpt: ...quired to be licensed. Thus, Cross-Defendant contends Cross- Complainant's action is barred by Bus. & Prof. Code, § 7031(a). Code Civ. Proc. § 438 (c)(1)(B) states: “If the moving party is a defendant, that either of the following conditions exist: ¶ (i) The court has no jurisdiction of the subject of the cause of action alleged in the complaint. ¶(ii) The complaint does not state facts sufficient to constitute a cause of action against tha...

Excerpt: ...forming those duties and earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment.” Exempt executive employees' duties involve “the management of the enterprise in which he/she is employed or of a customarily recognized department or subdivision.” (Cal. Code Regs., tit. 8, § 11070, subd. 1(A)(1)(a).) Exempt administrative employees' duties involve “non-manual work directly related to man...

Excerpt: ...tatute, a cause of action for or against a person is not lost by reason of the person's death, but survives subject to the applicable limitations period. [¶] (b) This section applies even though a loss or damage occurs simultaneously with or after the death of a person who would have been liable if the person's death had not preceded or occurred simultaneously with the loss or damage.” “Unlike a cause of action for wrongful death, a survivor...

Excerpt: ...gaps raised by the opposition or goes to the admissibility of evidence submitted in opposition to the motion, however, the evidence may be properly considered. (Jay v. Mahaffey (2013) 218 Cal. App. 4th 1522, 1538 [“[t]o the extent defendants argue they had the right to file any reply declarations at all, they are not wrong. Such declarations, however, should not have addressed the substantive issues in the first instance, but only filled gaps i...

Excerpt: ...thin an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or ...

Excerpt: ... struck the Answer on 3-22- 21 and set a Default Prove-up Hearing. Then Plaintiff requested Entry of Default on 6-18-21. Defendants technically are not requesting to vacate the correct “events” and the court generally cannot grant relief different than what is requested in the notice of motion. (People v. American Sur. Ins. Co. (1999) 75 Cal.App.4th 719, 427-428; Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1124.) Defendants have not submit...

Excerpt: ...er is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” The California Constitution recognizes an individual's right to privacy in their medical and mental health records. Cal. Constitution Article 1, Section 1. “'“A person's medical profile is an area of privacy infinitely more intimate, more personal in quality and nature than many areas already judicially recognized and prote...

Excerpt: ...court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: (1) That the deposition not be taken at all. . . .” Defendant National Life Insurance Company has noticed the deposition...

Excerpt: ...nd county, or city, or a corporation doing business in the latter, shall be, on motion of either party, transferred for trial to a county, or city and county . . . other than that in which the plaintiff is situated, if the plaintiff is a city ... and other than that in which the defendant resides, or is doing business, or is situated.” [emphasis added] This venue transfer statute applies to cross-complaints. (Metro. Transit Sys. v. Superior Ct....

Excerpt: ...f Action; Newfront as to the Third, Fourth, Fifth, Ninth and Tenth Causes of Action; and, M. Tsai as to the First, Second, Sixth, Seventh, Eighth, Ninth and Tenth Causes of Action. “A demurrer tests the pleading alone, and not the evidence or the facts alleged. . . . To the extent there are factual 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 inf...

Excerpt: ...of notice of this ruling. As a side matter, the Court notes the Opposition by Thomas Marks and Deborah Marks was untimely filed after Plaintiffs had filed their reply brief and after the deadline for opposing this Motion. (CCP § 1005(b); oppositions are due nine court days before the hearing for a motion.) However, even consideration of the Marks' opposition would not change the outcome of this ruling. STANDARD OF LAW “A party may amend its pl...

Excerpt: ...avor bears the burden of persuasion thereon. (See Evid.Code, § 500.) 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 motion in accordance with the applicable standard of proof.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant moving for summary judgment must “show” that either one or more...

Excerpt: ...dure § 2031.310(b)(2).) Code of Civil Procedure § 2016.040 provides that “[a] meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” “The Discovery Act requires that, prior to the initiation of a motion to compel, the moving party declare that he or she has made a reasonable and good faith attempt to obtain an inform...

Excerpt: ...– set one, and requests for admissions – set one. After several extensions, Defendant served responses on 4/9/21. While the parties made some attempts to meet and confer, it appears to the Court that most of the disputes raised in motions 1-4 could have been resolved if counsel for the parties engaged in a thorough, good faith meet and confer process. The Court encourages counsel for both parties to engage in further meet and confer, includin...

Excerpt: ...d Complaint within fourteen (14) days of notice of this ruling. IT IS FURTHER ORDERED THAT attorney's fees in the amount of $9,875.00 for preparing and filing for default are awarded to Plaintiffs and payable by HOA Defendants within thirty (30) days of notice of this ruling. STANDARD OF LAW “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding ta...

Excerpt: ...9. Defendant is ordered to provide the responses as agreed no later than 4-4-22. Should Defendant provide responses, Plaintiff is to withdraw the motion by 5-2-22. Plaintiff to give notice. Motion to Compel Further Responses to Special Interrogatories Plaintiff Gail Parish's Motion to Compel Further Responses to Special Interrogatories against Defendant Sun Mar Management is CONTINUED to 5-9-22 at 1:45 p.m. in Dept. C15. Plaintiff Gail Parish fil...

Excerpt: ...at Defendant opposed the motion, the Court decides to hear the motion on the merits. A party may waive defective service or insufficient notice by appearing at the hearing and arguing the merits of the motion. Thus, if a party believes a motion is improperly served or presents procedural defects, that party should either file an opposition stating any such objections, or appear at the hearing, object to the hearing, and request a continuance. (Ca...

Excerpt: ... 20 Cal. App. 5th 989, 996.) The Court must determine “whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense.” (Id.) The Court assumes “the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken.” (Id.) “A demurrer must dispose of an entire cause of action to be sustained....

Excerpt: ...ction…”(Demurrer: 3:6-8). However, as the First through Fourth Causes of Action are asserted against all Defendants, a challenge directed to the Complaint in whole, required analysis of these claims. (Warren v. Atchison, T. & S.F. Ry. Co. (1971) 19 Cal.App.3d 24, 36). As Defendants offer no analysis of the Second, Third or Fourth Causes of Action, the Demurrer to the First Amended Complaint in whole, fails: “Every brief should contain a leg...

Excerpt: ...eposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production. [¶] (b) This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration under Section 2016.040.” Timeliness: A motion to compel a deponent to produce documents pursuant to a deposition subpoena must be made wit...

Excerpt: ...lity Control Board (“Regional Board”), challenging the Regional Board's issuance of a corrected investigative order on November 2, 2020 requiring subsurface investigation and remediation at a property in Garden Grove, California (“subject property”). Petitioners contend the Regional Board exceeded its authority and abused its discretion in naming Petitioners as dischargers and refusing to release Petitioners from liability or stay the ord...

Excerpt: ...ing attorney. (Code Civ. Proc. § 473(b).) The Court has permitted Plaintiff to file replies to the untimely oppositions to prevent undue prejudice to Plaintiff. Code of Civil Procedure section 2017.010 states in part, “Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the d...

Excerpt: ... with the demand is incomplete. [¶] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [¶] (3) An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with each of the following: [¶] (1) the motion shall set forth specific facts showing good cause justifying the discovery sought by the demand. [¶] (2) The motion shall be accompanied by a meet and confer...

Excerpt: ...0, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tang...

Excerpt: ...rn Cal. Rapid Trans. Dist. (1985) 40 Cal.3d 780, 795, 221 Cal.Rptr. 840, 710 P.2d 907), a rule plaintiffs' fourth amended complaint satisfies, we cannot conclude, as we concluded in Central Pathology when considering section 425.13's application to common law intentional torts, that the Legislature intended the statute to apply in an action under the Elder Abuse Act.” Neglect is defined in Wel. & Inst. Code §15610.57(a) states: ““Neglect�...

Excerpt: ...dants' demurrer as to the Fourth Cause of Action for fraud, deceit and misrepresentation for failure to satisfy the particularity requirements for pleading the claim. On January 3, 2022, Plaintiff filed a Second Amended Complaint setting forth the same causes of action, but with amended allegations. Plaintiff alleges she was given personal checks from Defendant Chau for some of her wages, and ordered by him to cash the checks and give portions of...

Excerpt: ...iling of a complaint or anytime thereafter, a plaintiff may apply for a right to attach order and writ of attachment. (Code Civ. Proc. § 484.010.) Following a hearing on the application, the court shall issue a right to attach 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 at...

Excerpt: ...th Cause of Action for Injunctive Relief alleged in the Fourth Amended Complaint (“4AC”) filed by Plaintiffs Gregg and Melanie Linn are OVERRULED, in part, and SUSTAINED, in part, with 20-days leave to amend. Defendant Starkey's request for judicial notice of Exhibit 1 through 4 is GRANTED. Starkey demurs to the 4AC on the grounds the second, third, fourth, fifth, eighth, ninth, and eleventh causes of action are uncertain and fail to state fa...

Excerpt: .../or defective construction he fell and injured himself. Plaintiff alleges Defendants failed to warn regarding the dangerous condition. Plaintiff was then employed by Air Control Systems, Inc. (ACSI), and was in the course and scope of his employment when the incident occurred. Defendants hired ACSI to service HVAC equipment, access to which was through a crawlspace. As Plaintiff went through the crawlspace area he stepped onto a hatch (which prov...

Excerpt: ...the information sought to be discovered. ¶ (2) An exercise of the party's option to produce writings. ¶ (3) An objection to the particular interrogatory.” If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure fully to answer the interrogatories. (Coy v. Sup.Ct. (1962) 58 Cal.2d 210, 220-221; Fairmont Ins. Co. v. Sup.Ct. (2000) 22 Cal.4th 245, 255.) “Unless otherwise limited by...

Excerpt: .... STANDARD OF LAW “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion . . . [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (CCP § 418.10(a)(1).) “On a motion to quash service of summons, the plaintiff bears the burden of proving by a preponderance of the evidence that ...

Excerpt: ...and that the nonmoving party will not be irreparably injured by its issuance. If the stay is denied by the trial court, the defendant may forthwith file a petition for an extraordinary writ with the appropriate appeals court. If the trial or appellate court stays enforcement of the judgment, the court may condition the stay on whatever conditions the court deems just, but in any case it shall order the payment of the reasonable monthly rental val...

Excerpt: ...ng to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding. For the purposes of this section, “attorney's fees” means reasonable attorney's fees a party may be authorized to recover by a statute apart from this section or by contract. (b) The motion shall be made on the grounds that the plaintiff resides out of the state or is a foreign corporation and that there is a reasonable possibility tha...

Excerpt: ...ttorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” Under subdivision (b)(1), such actions may include the filing and service of a complaint. Subdivision (b)(2) defines “frivolous” as “totally and completely without merit or for the sole purpose of harassing an opposing...

Excerpt: ...ng his cross-complaint in the 2018 case, Plaintiff filed a voluntary dismissal of this action on 9/14/21. Defendants timely filed a memorandum of costs on 9/21/21 seeking the following costs:  $2,670 in filing and motion fees  $18,750 in attorney fees  $45 in electronic filing/service fees  $100 under “other” Defendants are the prevailing party entitled to recover costs under Code of Civil Procedure section 1032(a)(4): “(4) “P...

Excerpt: ...ach fails to state a cause of action and are uncertain. Cross-Defendants contend concurrent co-counsel cannot recover on a theory of equitable indemnity against one another based on public policy considerations. There are two policy considerations that have led California courts to prohibit indemnification claims brought by a predecessor attorney against a successor attorney: (1) conflict of interest; and (2) confidentiality. (Musser v. Provenche...

Excerpt: ...rants Plaintiffs leave to amend the complaint. IT IS ORDERED THAT Plaintiffs shall file and serve an amended complaint within fourteen (14) days of notice of this ruling. STANDARD OF LAW “The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not draw...

Excerpt: ...an, dated 10/11/2021, the Court OVERRULES Defendants' Objections Nos. 1, 4 and 8. The Court SUSTAINS Defendants' Objections Nos. 2, 3, 5, 6 and 7. The court has inherent power “to control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every manner pertaining thereto.” (Code Civ. Proc. §128(a)(5).) This includes the power to disquali...

Excerpt: ...1/2021. When determining whether a settlement is made in good faith, the court must determine whether “the amount of the settlement is within the reasonable range of the settling tortfeasor's proportional share of comparative liability for the plaintiff's injuries.” (Tech-Bilt, Inc. v. Woodward-Clyde & Assocs. (1984) 38 Cal.3d 488, 499.) In making such a determination, the court considers the following factors: (1) a rough approximation of pl...

Excerpt: ...xamination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court. (b) A motion for an examination under subdivision (a) shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination. The motion shall be accompanied by a meet an...

Excerpt: ...e Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of-- ¶ (1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case u...

Excerpt: ... 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 § 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 substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.Ap...

Excerpt: ...“The tort of intentional interference with expected inheritance was first recognized in California in 2012. (Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, 1050-1056, 141 Cal.Rptr.3d 142.) To establish a defendant committed the tort, a plaintiff must prove six elements. 'First, the plaintiff must p[rove] he [or she] had an expectancy of an inheritance. It is not necessary to [prove] that ‘one is in fact named as a beneficiary in the will or th...