Excerpt: ...tial Withdrawal filed on 11/29/23 states the motion is withdrawn as to RFPs4, 6, 13, 37, 38, 46, 48-51, and 55-58.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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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: ...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 ...