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: .... 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: ...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: .../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: ...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: ...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: ...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: ...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: ...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 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: ...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: ...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...