Excerpt: ...ne [ROA # 1024 ], and Exhibits B, C, I, J, K, L, M, and N to the Wayne Declaration [ROA # 1025 -1032], are sealed. Statement of Law “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based sol...

Excerpt: ... the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, ...

Excerpt: ...cords are sought by a subpoena duces tecum and who is a party to the civil action in which this subpoena duces tecum is served may, prior to the date for production, bring a motion under Section 1987.1 to quash or modify the subpoena duces tecum.” (Code Civ. Pro c., § 1985.3, subd. (g).) “Personal records” include “any copy of books, documents, other writings, or electronically stored information pertaining to a consumer and which are ma...

Excerpt: ...Defendant Co ldwell Banker Realty's demurrer is OVERRULED as to the fourth cause of action. The demurrer of Defendants Marlene Goren, Shari Ten Eyck, and Ten Eyck Real Estate to the eight cause of action is OVERRULED. The motions to strike the punitive damages allegations are DENIED. Facts/Overview On November 13, 2023, Plaintiff Charles Castro filed the operative Second Amended Complaint against Defendants: • Cies Family Trust, the owner of a...

Excerpt: ...ers, directors, managing agents, employees, or agents o f entity deponents who are most qualified to testify on its behalf].) If the party being deposed objects to the deposition notice, it must object to same at least three calendar days prior to the date for which the deposition is scheduled. (Code Civ. Proc. , § 2025.410, subds. (a) & (b).) “If, after service of a deposition notice, a party to the action or an officer, director, managing a...

Excerpt: ...een filed may object, by demurrer or answer as provided in S ection 430.30 , to the plead ing on any on e or more of the followin g grounds: … (e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous a nd unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f); see Code Civ. Proc., § 430.50, subd. (a) [demurrer may be...

Excerpt: ...nly objections. (Jenkins Decl. ¶ 4, Ex. B.) Defendant initiated the meet and confer process on 11/01/2023 and demanded further responses and responsive documents no later than Monday 11/13/2023. (Jenkins Decl. ¶ 5, Ex. C.) On Thursday 11/09/2023, Plaintiff asked for a 30- day extension to respond. (Jenkins Decl. ¶ 6, Ex. D.) Defendant compromised by offering a three -day extension to Thursday 11/16/2023. (Jenkins Decl. ¶ 7, Ex. E.) Plaintiff ...

Excerpt: ...ting sanctions against anyone engaging in conduct that is a misuse of the discovery process. (Code Civ. Proc., § 2023.030, subds. (a) -I.) Misuse of the discovery process includes, but is not limited to, using a discovery method in a manner that does not comply with its specified procedures, employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, or oppression, or undue burden, failing to submi...

Excerpt: ...tions in the pleading o r the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404 -05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demu rrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferred from ...

Excerpt: ...nswer. (ROA Nos. 3233; see ROA No. 23.) Code of C ivil Procedure section 472 provides: “Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, ….” In Barton v. Khan (2007) 157 Cal.App.4th 1216, a shareholder who was a former emplo...

Excerpt: ...e neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein1, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, d ismissal, order, or proceeding was taken.” (Code Civ. Proc., § 473, subd. (b).) The court has wide discretion to grant relief under the statute authorizing relief fro...

Excerpt: ...ler Agreement and Personal Guarantors breached the personal guaranty. F or the following reasons, UACC's motion is DENIED in its entirety. Relevant Facts Plaintiff purchases automotive retail installment contracts from car dealerships. (Compl. ¶ 9; Reza Decl. ¶ 2.) On or about January 20, 2022, UACC and Galaxy Auto Sales en tered into a written agreement entitled the “United Auto Credit Corporation Independent Dealer Agreement” (the “Deal...

Excerpt: ...he factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 14041405.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) A demurrer tests only the sufficiency of the complaint; a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferre...

Excerpt: ...d a Complaint on 9 -21 -22 against Defendants, SRC -PH Investm ents, LLC; Sunrise Pacific Construction; Sunranch Capital Partners, LLC; Baldwin & S ons, Inc.; Baldwin & S ons, LLC; Shawn M. Baldwin; Randall G. Bone; and Jose Capati for (1) Breach of Contracts; (2) Breach of Implied Covenant of Good Faith and Fair Dealing; (3) Breach of Express Warranties; (4) Breach of Implied Warranties; (5) Negligence; (6) Misrepresentations; (7) Express Indem...

Excerpt: ...ections. (Jenkins Decl. ¶ 4, Ex. B.) Defen dant initiated the meet and confer process on 11/01/2023 and demanded further responses and responsive documents by Friday, 11/10/2023. (Jenkins Decl. ¶ 5, Ex. C.) One day before that deadline, Plaintiff asked for a 30 -day extension to respond. (Jenkins De cl. ¶ 6, Ex. D.) Defendant compromised by offering an extension to Monday 11/13/2023 —effectively a one- court- day extension. (Jenkins Decl. ¶...

Excerpt: ... (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tam ir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2.551(a) . ) “A party requesting that a record be filed under seal must file a motion or an application for an order sealing the reco...

Excerpt: ...plemental Declaration, are sealed. [ROA # 958 -967] St atement of Law “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be filed under seal without a court orde r. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. ...

Excerpt: ...ections. (Jenkins Decl. ¶ 4, Ex. B.) Defen dant initiated the meet and confer process on 11/01/2023 and demanded further responses and responsive documents by Friday, 11/10/2023. (Jenkins Decl. ¶ 5, Ex. C.) One day before that deadline, Plaintiff asked for a 30 -day extension to respond. (Jenkins De cl. ¶ 6, Ex. D.) Defendant compromised by offering an extension to Monday 11/13/2023 —effectively a one- court- day extension. (Jenkins Decl. ¶...

Excerpt: ...t are legitimately in dispute and pertinent to the di sposition of the summary judgment motion. (Reid v. Google, Inc.  (2010) 50 Cal.4th 512, 532 -533; accord, Cohen v. Kabbalah Centre Internat., Inc. (2019) 35 Cal.App.5th 13, 20 -21.) Standard for Summary Judgment “The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties ' pleadings in order to determine whether, despite their allegations, t...

Excerpt: ...tion 877 provides in pertinent part: “Where a release ... is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co -obligors mutually subject to contribution rights, it shall have the fo llowing effect: [¶] (a) It shall not discharge any other such party from liability unless its terms so provide, but it shall reduce the claims against the oth...

Excerpt: ...s a cause of action. Hahn v. Mirda (20 07) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720 -21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or v ia proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the plea...

Excerpt: ...lenges only the legal sufficiency of the affected plead ing, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404 -05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only the sufficiency of the complaint, a court will not consider ...

Excerpt: ...of proof to establish facts showing effect ive service. (Summers v. McClanahan (2006) 140 Cal. App. 4th 403, 413; Dill v. Berquist (1994) 24 Cal. App. 4th 1426, 1439 -40.) Code Civ. Proc. § 415.20(b) covers substitute service on individual defendants and on entity defendants. Substitute service o n an entity, where the physical address of the entity is known, involves 1) leaving a copy of the summons and complaint in the office of the person aut...

Excerpt: ... 17.) Subsequently, on November 27, 2023, Defendants filed the insta nt anti-SLAPP Motion. (ROA No. 26.) The hearing for this motion is set for February 21, 2024. On February 14, 2024, the Court sustained Defendants' demurrer to the Complaint's second through sixth causes of action and granted leave to amend. (ROA No. 89.) In Oakland Bulk and Oversized Terminal, LLC v. City of Oakland (2020) 54 Cal.App.5th 738, a company sued the City of Oakland...

Excerpt: ...to such papers.” (Weil & Brown, Cal. Prac. Guide: Civil Proc. Before Trial (The Rutter Group 2022) ¶ 9.53.1a.) Relevant Facts It is undisputed that on or about 11/17/2017, Defendant filed an action against The Discovery Fund LLC, The Freedom Fund LLC, The Victory Fund LLC, and The Adv antage Fund LLC (“The Funds”). (See Def.'s Sep. St. No. 1.) That action was arbitrated, and on 08/30/2019, the Arbitrator issued a Final Award in favor of T...

Excerpt: ...idge's founder and president, Defendant, John Prichard. (Complai nt, ¶¶ 3, 16.) The stockholders were subject to a Stockholders Agreement, which contained an express and strict confidentiality provision. While the stockholders were permitted to share Plaintiff's confidential and proprietary information with their inves tment advisors for the sole purpose of obtaining investment advice, the Defendants used said information to solicit new busin...

Excerpt: ... partially GRANTED with leave to amend. A. Legal Standard on Demurrer “Th e party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: … (e) The pleading does not state facts sufficient to constitut e a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous ...

Excerpt: ...ry injunction enjoining Defen dants and their agents from selling, transferring, or encumbering any of the assets of the parties' partnership without prior notice to and approval of the parties. (ROA 119.) On October 9, 2023, in connection with settling a separate lawsuit involving claims between KBS Holdco, LLC dba Regency Outdoor Advertising (“Regency”) and Defendant Glenn Emanuel, Regency purchased the ownership interests in the Defendant ...

Excerpt: ...ously filed in this case. . “[A]ll that is nec essary is to call the court's attention to such papers.” (Weil & Brown, Cal. Prac. Guide: Civil Proc. Before Trial (The Rutter Group 2022) ¶ 9.53.1a.) Legal Standard “Summary judgment shall be granted if all the papers submitted show that there is no tri able issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Civil Proc. Code, § 437c, su...

Excerpt: ...laintiffs Mark Adams and Julie ThorntonAdams (the “Judgment Creditors” or “Creditors”) and against the Defendants/Judgment Debtors Rajesh Gupta and Sarita Gupta, as Trustee of the 1996 Rajesh Kranti Gupta Family Irrevocable Trust dated August 15, 1996 (the “Judgment Debtors” or “D ebtors”). On 09/14/2023, Judgment Creditors Mark Adams and Julie Thornton -Adams issued a subpoena to Sterling BMW demanding production by 10/13/2023 of...

Excerpt: ...lication for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein1, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, or d e r, o r proceeding was taken.” (Code Civ. Proc., § 473, subd. (b).) The court has wide discretion to grant relief under the statute authorizing relief from a proceed...

Excerpt: ...uperior Court (2019) 32 Cal.App.5th 1213. On 06/06/2023, the court entered default judgment in favor of Judgment Creditors/Plainti
¯s Mark Adams and Julie ThorntonAdams (the “Judgment Creditors” or “Creditors”) and against the Defendants/Judgment Debtors Rajesh Gupta and Sarita Gupta, as Trustee of the 1996 Rajesh Kranti Gupta Family Irrevocable Trust dated August 15, 1996 (the “Judgment Debtors” or “Debtors”). On 08/23/2023, Jud...

Excerpt: ...egoing exhibits, and Defendant's unredacted October 24, 2023, Opposition, are sealed. [ROA # 910, 916-921, 941] Statement of Law “Unless conÞdentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be Þled under seal without a court order. The court must not permit a record to be Þled under seal based solely on...

Excerpt: ...021, order of dismissal, 3) the Court of Appeal's Opinion, and 4) the April 25, 2023, judgment dismissing the arbitration. The Court grants the request for judicial notice. (Evid. Code § 452(d).) Evidentiary Objections Defendant Þled objections to the declaration of Patrick Ergina. The Court declines to rule on these objections because they are not material to the disposition of the motion. ( C o d e C i v. Pro c. § 4 3 7 c( q ) .) G en eral P...

Excerpt: ...osed to be added to the previous pleading, if any. (Cal. Rules of Ct., Rule 3.1324(a).) The motion must also be supported by a declaration that speciÞes: (1) the e
¯ect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. (Cal. Rules of Ct., Rule 3.1324(b).) The court Þnds the motion and...

Excerpt: ...cy of the a
¯ected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundi
¯ v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only the su
¯iciency of the complaint, a court will not consider facts that have not been alleg...

Excerpt: ... any one or more of the following grounds: … (e) The pleading does not state facts su
¯icient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f); see Code Civ. Proc., § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against wh...

Excerpt: ...action against Defendants Gunlei Corporation, Egreen Transport Corporation, Hong Chen, Jing (Amy) Song, Yu Wang (Monica), Wen Chen, Elaine Huang, and Lucy Luo. On 11/04/21, Plainti
¯ Þled a First Amended Complaint (“FAC”), substituting Plainti
¯s William Young and Jennifer Young for Plainti
¯ JBY Enterprises. The FAC alleges causes of action for: 1. Interference with prospective advantage; 2. Breach of contract; 3. Material misrepresentat...

Excerpt: ...ogatories and Requests for Production of Documents within 30 days of receiving notice of this ruling. Plainti
¯'s R e q u e s t s f o r Admission to both DAG & Associates, Inc. and FloorIt Financial, Inc. are deemed admitted. Defendants are ordered to pay Plainti
¯ total sanctions of $3,553.20 ($592.20 per motion), or $1,776.60 per Defendant. A party can Þle a motion to compel initial responses to its interrogatories, and its requests for prod...

Excerpt: ... 418.10(a) provides that 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 Þle a notice of motion… [t]o quash service of the summons on the ground of lack of jurisdiction of the court over him or her. Minimum Contacts A nonresident defendant may not be called upon to defend in a foreign forum unless he or she has minimal contacts with that sta...

Excerpt: ...l based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2.551(a).) “A party requesting that a record be Þled under seal must Þle a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts su
¯icient to justify the sealing.” (Cal. Rules of Court, rule 2.551(b)(1); see Cal. Rules of Court, rule 2.551(b)(2) [m...

Excerpt: ... regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action orto the determination of any motion made in that action, if the matter is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action." (Code Civ. Proc., S 2017.010; Los Angele...

Excerpt: ...s incorrect. (Code Civ. Proc. S 1005(b) and (c) (requiring opposition papers to be served 9 court days before a hearing and to be served by means to ensure delivery within one business day).) Request for Judicial Notice Plaintiff asks the Court to take judicial notice of three minute orders from Los Angeles County Superior Court and a certified copy of a reporter's transcript of a motion hearing in San Diego County. The court grants the request f...

Excerpt: ...t prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., S 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.) If a defendant fa...

Excerpt: ...state facts suffcient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, 'uncertain' includes ambiguous and unintelligible." (Code Civ. Proc., S 430.10, subds. (e) & (f); see Code Civ. Proc., S 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated thereinl.) "A person against whom a complaint or cross-complaint has been filed may, within 30 days after service ...

Excerpt: ...A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the "four corners" of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code SS 451 or 452. Although California courts take a liberal view of inartfu...

Excerpt: ...eading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404- 1405.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1555.) A demurrer tests only the sufficiency of the complaint; a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferred from the matters alleged or ...

Excerpt: ...struction zone, no warning signs were placed anv,'here on, near, or around the steel plates, such that the dangerous condition was not obvious to customers. Moreover, customers had to cross over the steel plates to enter and exit the store, and there were no reasonable alternative means to access the store. (Complaint, 1, 11.) As a result, Plaintiff suffered physical, mental, and emotional injuries. (Complaint, "1 2, 12.) Plaintiff filed her Comp...

Excerpt: ...69 Cal.App.4th 1261, 1271, emphasis added.) A party wishing to repossess personal property by judicial action "can bring an action in replevin or proceed under the statutory successor to [common lawl replevin, an action of claim and delivery." (Simms v. NPCK Enterprises, Inc. (2003) 109 Cal.App.4th 233, 241.) As summarized by Simms: California has a detailed claim and delivery law. (Code Civ. Proc., S 511.010 et seq.) A party with a claim that he...

Excerpt: ... provide discovery. (ld., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal. App. 4 th 1495, 1516.) Imposition of sanctions for the misuse of discovery lies within the trial court's discretion. (Doppesv. Bentley Motors, Inc. (2009) 174 Cal. App. 4th 967, 991.) Once a party is ordered by the court to provide responses to discovery, continued failure to respond may result in the imposition of more severe sanctions. (See Code Civ. Proc. SS 2030.290(c)...

Excerpt: ...l-established that where a pleading is belatedly filed, but at a time when a default has not yet been taken, the plaintiff has effectively granted the defendant additional time within which to plead and he is not strictly in default. (Reher v. Reed (1913) 166 Cal. 525, 528; Bank of Haywards v. Kenyon (1917) 32 Cal.App. 635, 636—537.) "(l)t is generally recognized that an untimely pleading is not a nullity, and it will serve to preclude the taki...

Excerpt: ...were submitted in connection with a discovery motion, namely, Plaintiff's motion to compel further responses to fts 8th and 11th sets of requests for production of documents. [ROA # 802] They were not submitted "as a basis for adjudication," which "embraces discovery materials submitted in support of and in opposition to substantive pretrial motions, regardless of the ground on which the trial court ultimately rules." (Overstock.com, Inc. v. Gold...

Excerpt: ...press or implied, of the parties...."].) Relevant here, If the district attorney or commissioner does not proceed with the action, and the person bringing the action conducts the action, the court may award to the defendant its reasonable attornevs fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the achon was clearly frivolous, clearly vexatious, or brought primarily for purposes...

Excerpt: ...were served by Plaintiffs on June 12, 2023. (See Motion at 3:4-5; J. Young Decl. '1 8, Exh. Three [06/12/23 Notices of Depositionl.) On November 20, 2023, Plaintiffs propounded a new Notice of Taking Deposition on Defendants Hong Chen, Monica Yu Wang, Jing (Amy) Song, Wen Chen, and Elaine Huang. (J. Young Decl. 29, Exh. Seven [11/20/23 Notices of Depositionl.) Jennifer Young declares that Plaintiffs took out all the items that Defendants' counsel...

Excerpt: ... only for the purpose of establishing that these documents were filed with the probate court, not for the truth of the matters asserted therein. The request is DENIED as to Exhibit 2 because Exhibit 2 appears to be an incomplete document. CCP S 356.2 and Cal. Prob. Code S 9000, et seq. Defendant argues that section 366.2 sets forth the statute of limitations on Plaintiff's claims. Plaintiff contends that Plaintiff's claims are timely, as Plaintif...

Excerpt: ...ed that the parties attended an informal discovery conference before the court and met and conferred. The stipulated order ordered Defendant to serve responses to multiple sets of discovery without objection, to produce six witnesses for deposition, and to produce documents. Plaintiffs contended that Defendant had not complied with any of these discovery obligations. Plaintiffs met and conferred with defense counsel. who admitted that he dropped ...

Excerpt: ...l prior complaints. (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130.) In other words, after an amended complaint is filed, the original pleading "ceases to have any effect either as a pleading or as a basis for judgment." (ld. at p. 1131.) Consequently, "the filing of an amended complaint moots a motion directed to a prior complaint." (Ibid.) For example, the filing of an amended complaint moots a motion for summ...

Excerpt: ... the factual allegatons in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal. , Inc. (2002) 101 Cal.App.4th 1395, 1404- 05.) Defendant demurs to the FAC on the basis that it is uncertain. A demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the pleading, but is directed at the uncertainty existing in the allegations actually made. (People v. Lim (1941) 18 Cal. 2d 87...

Excerpt: ...4th 772, 777; see Marzec v. Public Employees' Retirement System (2015) 236 Cal.App.4th 889, 900 '[blecause a moton for judgment on the pleadings is the functional equivalent of a general demurrer, the same rules apply' Alter Ego Moving Defendants contend the first through fourth causes of action are barred because Plaintiff cannot establish that Moving Defendants are the alter egos of Defendant S. David Kozich. Moving Defendants argue that the FA...

Excerpt: ... 430.41. (Code Civ. Proc. S 430.41.) Here, MP's counsel "attempted" to satisfy this requirement but was unsuccessful. (Shugart Dec.) It is not clear what this means. Nevertheless, the court will address the merits of the demurrer and motion to strike. General Principles on Demurrer A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) T...

Excerpt: ...ruit. Plaintiff alleges that it entered into a residential listing agreement with Defendant for the sale of her residential property for an asking price of $8,388,000. The listing period in the original agreement was March 3, 2022, through June 2, 2022. Pursuant to Secton 3.A(3) of the listing agreement, Defendant promised to pay Plaintiff commission if, among other things, the property was "withdrawn from sale, conveyed, leased, rented, otherwis...

Excerpt: ...the request to strike is DENIED, and the request to seal is GRANTED. A. Statement of Law "Unless confidentiality is required by law, court records are presumed to be open." (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) "A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties."...

Excerpt: ...petition is GRANTED in part and DENIED in part. The Arbitration Agreement The Arbitration Agreement at issue provides in pertinent part: It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered or not rendered, will be determined by submission to arbitration as prov-ded by the Fede...

Excerpt: ...s particular issue, as information obtained from sealed and confidential discovery materials, and which are later incorporated into Plaintiff's Answer to the Second Amended Cross-complaint, are not submitted "as a basis for adjudication," and thus do not become accessible to the public, simply by virtue of it becoming a part of the court file. (Mercury, supra, 158 Cal.App.4th at pp. 90, 103.) The Mercury court also held that the rules 2.550 and 2...

Excerpt: ...fied further responses, and produce responsive documents, within 30 days. The Court DENIES Plaintiff's requests for judicial notice, and it deems Defendant's objections to the requests for judicial notice as being MOOT. Form Interrogatory nos. 16.2-16.5 In his August 10, 2023 amended response to Form Interrogatory nos. 16.2 through 16.5, Defendant responded as follows: This interrogatory calls for information which seeks defendant's opinion or co...

Excerpt: ...issue of material fact ... (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) "A prima facie showing is one that is sufficient to support the position of the party in question." (ld. at p. 851.) A plaintiff moving for summary judgment satisfies his or her initial burden by showing that each element of the cause of acton in question has been "proved," and hence that there is no defense thereto. (ld., at p. 850.) A party cannot establi...

Excerpt: ...., at p. 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc. ("CCP"), S 437c(p)(2).) The scope of this burden is determined by the allegations of the plaintiff's complaint. (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381—82 [pleadings serve...

Excerpt: ...or provision is 'to conserve judicial resources otherwise spent adjudicating a sanctions motion by affording a prescribed period of time during which a party may correct or withdraw a frivolous or improper pleading or moton without any penalty. [Citation.] If the merits of the objectionable document are resolved by the court prior to the expiration of the safe harbor period, there is nothing left to correct or withdraw, thereby undermining the re...

Excerpt: ...usiness Relationships and Prospective Business Relationships The elements of intentional interference with prospective economic advantage are "(1) the existence, between the plaintiff and some third party, of an economic relationship that contains the probability of future economic benefit to the plaintiff; (2) the defendant's knowledge of the relationship; (3) intentionally wrongful acts designed to disrupt the relationship; (4) actual disruptio...

Excerpt: ...ixth cause of action for unjust enrichment is OVERRULED as to Defendant Tabatabai and SUSTAINED as to the other Defendants. The demurrer to the seventh cause of achon is SUSTAINED to the extent it seeks declaratory relief, and OVERRULED to the extent seeks an accounting. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only t...

Excerpt: ...RANTS Defendant's requests for judicial notice. Standard for Demurrer In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App...

Excerpt: ...perty to the plaintiff. [Citation.]" (Simms v. NPCK Enterprises, Inc. (2003) 109 Cal.App.4th 233, 241.) "The claim and delivery law provides a complete prejudgment remedy to recover possession of personal property. It has been carefully crafted to meet constitutional requirements. In addition, it provdes for injunctive relief in the form of a turn-over order under Code of Civil Procedure section 512.070. [Citation.)" (ld. at pp. 242-243.) (a) upo...

Excerpt: ...Khoury Decl., Ex. D.) A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (See Blankv. Kirwan (1985) 39 Cal.3d 311, 318.) The issue is the sufficiency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (See Del E. Webb Corporation v. St...

Excerpt: ... recover his or her attorneys' fees and costs." (Code Civ. Proc. S 425.15(c).) under this provision, any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees. (Ketchum v. Moses 24 Cal.4th 1122, 1131.) This does not mean, however, that the prevailing party is entitled to receive whatever it seeks. (Christian Research Institute v. Alno 165 Cal.App.4th 1315, 1321.) The attorneys' fees awarded must be reason...

Excerpt: ...ery request, or lacks suffcient information or knowledge to provide a complete and straightforward response, it must so state. (Code Civ. Proc. S 2031.210-2031.240 (regarding requests for production.)) Upon receipt of the discovery responses, the propounding party may move for an order compelling further responses if it deems the responses to be evasive, inadequate or incomplete, or the objections to be without merit or too general. (Code Civ. Pr...

Excerpt: ...to refuse permission to amend...." (Morgan v. Sup. Ct. (1959) 172 Cal.App.2d 527, 530.) Prejudice includes "delay in trial, loss of critical evidence, or added costs of preparation." (Solitv. Tokai Bank, Ltd. New York Branch (1999) 68 Cal.App.4th 1435, 1448.) "The power to #rmit amendments is interpreted very liberally as long as the plaintiff does not attempt to state facts which give rise to a wholly distinct and different legal obligation agai...

Excerpt: ...are due 30 days after service (plus appropriate time for method of service). (Code Civ. Proc. SS 2030.260; 2031.260; 2033.250.) A motion to compel further response to discovery "shall" (1) be made within 45 days of the service of the response or on or before any specific later date to which the parties have agreed in writing, (2) demonstrate a reasonable, good faith meet and confer attempt at informal resolution of each issue presented, and (3) b...

Excerpt: ...rocery Company ("Ralphs") and John Schroeder (manager) for general negligence and premises liability. Plaintiff alleges that she sustained injury for a slip and fall that allegedly occurred on October 8, 2020, at the Ralphs on 1435 W. Chapman Avenue, Orange, California. On August 22, 2023, Defendant Ralphs filed motions to compel Plaintiff to serve initial responses to requests for production, set one, special interrogatories, set one, and form i...

Excerpt: ... subd. (b); Rojas v. HSBC Card Services Inc. (2023) 93 Cal.App.5th 8ü 892.) The memorandum of costs must be filed and served "within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 654.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is firstl ." (Cal. Rules of Court, rule 3.1700(...

Excerpt: ...ve attorneys of record; (8) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and (C) Be filed in each case sought to be consolidated. (2) The motion to consolidate: (A)ls deemed a single moton for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case; (B) Must be served on all attorn...

Excerpt: ...f's on November 12, 20221, in Garden Grove, California, causing Plaintiff to suffer personal injuries. On July 18, 2023, the court entered an order relieving Kelsey Gitlin as counsel for Plaintiff. As such, Plaintiff is self-represented. On May 24, 2023, Defendants filed motions to compel Plaintiff to serve responses to: (1) Special Interrogatories, Set One, (2) Form Interrogatories, Set One, and (3) Requests for Production, Set One. Defendants a...

Excerpt: ...dit application and personal guaranty, or they authorized their signatures to the credit application and personal guaranty. In the alternative, Plaintiff alleges defendants are estopped from denying the enforceability of the credit application and personal guaranty. (Complaint, '1 11.) Plaintiff alleges the defendants are each other's agents, and the actions alleged in the Complaint were within the course and scope of such agency. (Complaint, '1 ...

Excerpt: ...oo, is disobeying a court order to provide discovery. (ld., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) Imposition of sanctions for misuse of discovery lies within the trial court's discretion. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 991.) Once a party is ordered by the court to provide responses to discovery, continued failure to respond may result in the imposition of more severe sanctions. (See Code...

Excerpt: .... (County of San Diego v. Gorham (2010) 186 Cal.App.4th 1215, 1225-1227.) A judge may issue a preliminary injunction against a defendant only if the court has personal jurisdiction over that defendant. (Rothschild v. Erda (1968) 258 Cal.App.2d 750, 753.) Here, Plaintiff provided no proof of service of summons or complaint on Defendant. Absent service of summons, the court lacks personal jurisdiction over Defendant, and no valid order can be issue...

Excerpt: ... taken of any matter unless authorized or required by aw.' [Citation.] Matters that are subject to judicial notice are listed in Evidence Code sections 451 and 452. A matter ordinarily is subject to judicial notice only if the matter is reasonably beyond dispute. [Citation.] Although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial...

Excerpt: ...filed a late reply, which the court has also reviewed and considered. A. Legal Standard for Writ of Attachment "Provisional relief in the form of an attachment is available for money claims based on breach of contract." (Pech v. Morgan (2021) 61 Cal.App.5th 841, 854.) Statutory Requirements. A moving party must establish the following for a writ of attachment: Upon the filing of a complaint or anytime thereafter, a plaintiff may apply for a right...

Excerpt: ...act in which Defendant purchased from Plaintiff's assignor a 2016 Ford-150, VIN FTEWIEP8GKE17123. Plaintiff alleges that it is the holder of a first priority security interest in the motor vehicle. Plaintiff alleges that Defendant is in default and stopped making payments starting from 4/21/2022. There is, as of the time of the complaint, $31,461.60 still owed under the contract. On July 6, 2023, Plaintiff applied for writ of possession ofthe veh...

Excerpt: ...nciples Re Motion for Judgment on the Pleadings " 'A motion for judgment on the pleadings is equivalent to a demurrer and is governed by the same de novo standard of review.' " (People ex rel. Harris v. Pac Anchor Transportation, Inc. (2014) 59 Cal.4th 772, 777; see Marzec v. Public Employees' Retirement System (2015) 236 Cal.App.4th 889, 900 '[b]ecause a moton for judgment on the pleadings is the functional equivalent of a general demurrer, the ...

Excerpt: ...rt DENIES the Moton as to Item Nos. 1-2, 5-9, 12, 15, 18, 20-27, 32-35, 37, 41, 55-57, 59, 64-65, 70, 74-79, 83-86, 89- SO, 93-102, 104-107, 109, and 112-116 of the District Attorney's Privilege Log. Statement of Law The scope of discovery is broad, and doubts concerning the permissibility of discovery are generally resolved in favor of allowing discovery. (Code Civ. Proc., S 2017.010; Advanced Modular Sputtering, Inc. v. Superior Court (2005) 13...

Excerpt: ...Chevron Corp. (2021) 66 Cal.App.5th 288.) Code of Civil Procedure section 998, subdivision (b), provides, "Not less than 10 days prior to commencement of trial or arbitration ..., any party may serve an offer in writing upon any other party to the acton to allow judgment to be taken or an award to be entered in accordance with the terms and conditions stated at that time. The written offer shall include a statement of the offer, containing the te...

Excerpt: ...1.310(b)(1).) To establish cause," the burden is on the moving party to demonstrate both: (1) relevance to the subject matter (e.g„ how the information in the documents would tend to prove or disprove some issue in the case), and (2) specific facts justifying discovery (e .g., why such information is necessary for trial preparation or to prevent surprise at trial). (Glenfed Develop. Corp. v. Super. Ct. (1997) 53 Cal.App.4th 1113, 1117.) Specifi...

Excerpt: ...v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) "A party may move for summary judgment in an action or if it is contended that the action has no merit or that there is no defense to the action or (CINIe Civ. Proc., S 437c, subd. (a)(l).) "The motion for summary judgment shall be granted all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law...

Excerpt: ...: Sex Discrimination (FEHA) • C/A 2: Harassment (FEHA) • C/A 3: FEHA Retaliation Plaintiff alleges that while she was an employee for the LLC Defendants, Antonio Perez and other kitchen staff were sexually harassing her. Plaintiff alleges that Perez had previously worked for the LLC Defendants and had been fired for sexual harassment, but was rehired. Plaintiff alleges that because she refused Perez's advancements, Perez refused to help Plain...

Excerpt: ... of Contract, (2) Account Stated, and (3) 800k Account. Plaintiff alleges that it entered into a written commercial agreement with Defendant, where Plaintiff agreed to provide services to Defendant for a fee. (Complaint, 11 & Ex. 1.) The parties signed the agreement on November 23, 2020, and, pursuant to the agreement, Defendant agreed to pay service fees to Plaintiff through April 2024. (ld., "1 12 & 16.) The agreement also provided that Plainti...

Excerpt: ...51-452.) In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal suffciency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal. , Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) Questions of fact cannot be decided on d...

Excerpt: ...pleading on any one or more of the following grounds: (e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, 'uncertain' includes ambiguous and unintelligible." (CINIe Civ. Proc., S 430.10, subds. (e) & (f)l ; see S 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) 1 All further statutory references a...

Excerpt: ... court's discretion, they are reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. (Sanford v. Rasnick (2016) 246 cal.App.4th 1121, 1132; see code Civ. Proc., S Defendant seeks $1,895.00 in filing and motion fees, for: - $435 answer; - $840 for 14 motions in limine; - $500 MS]; and - $120 for two ex parte applications to contnue trial The filing and motion fees appear on their face ...

Excerpt: ...e all three actions or, alternatively, to consolidate the instant action (Case 1) with Four Seasons Restoration, Inc. v. Douglas R. oods, et al.; Case No. 30-2021- 01190072 (Case 3). Douglas oods and April 20akum join in the instant moton and, in the alternative, stipulate to consolidate the instant action (Case 1) with Four Seasons Restoration, Inc. v. Douglas R. oods, et al.; Case No. 3C)-2021-01190072 (Case 3). For the following reasons, the m...

Excerpt: ...t 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 ... ." (Code Civ. Proc., S 2030.290(a).) Plaintiff Sunshine Care Centers, LLC shall provide responses, without objections, to Defendant's Form Interrogatories, Set One within 30 days of service of notice of ruling. Defendant's request for sanctions is granted. Sunshine...

Excerpt: ...is that a section 998 offer must be strictly construed in favor of the party sought to be subjected to its operation." (Barella v. Exchange Bank, supra, 84 Cal.App.4th at p. 799, 101 Cal.Rptr.2d 167; **849 Elite Show Services, Inc. v. staffpro, Inc., supra, 119 cal.App.4th at p. 268, 14 cal.Rptr.3d 184.) Timed Out LLC v. 13359 corp. (2018) 21 Cal.App.5th 933, 942 [230 Cal .Rptr.3d 842, 848—849] " ' "[Closts" of a civil action consist of the exp...