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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...., 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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...