Excerpt: ...gment].) On 11/6/23, the court served a copy of the filedstamped “Judgment dated 11/03/23” to all parties, including to defendants' counsel, triggering the 15 -day deadline for defendants to timely file a memorandum of costs. (ROA No. 484; see Cal. Rules of Court, rule 3.1700(a)(1); Code Civ. Proc., § 664.5, subd. (d); Van Beurden Ins. Services, Inc. v. Customized Worldwide Weather Ins. Agency, Inc. (1997) 15 Cal.4th 51, 61, 64, 65- 66 [�...

Excerpt: ...), (p)(2) [bu rden]; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 - 851 [same]; see Veh. Code, § 11711.) USFIC admits it is the surety that issued the dealer bond to dealer Image Auto Group, LLC (IAG or dealer) pursuant to Vehicle Code sections 11710 and 11711. (SSMF #2.) USFIC first contends it is entitled to judgment because plaintiff Ramin Hersel (plaintiff) has dismissed his second cause of action for deceit/fraud against t...

Excerpt: ...ct. Plaintiff hasn't stated sufficient facts showing the elements of the claim. Specifically, how much defendants agreed to pay for the services rendered. The demurrer is overruled as to the 2nd cause of action for unfair business practices. Plaintiff may use and alleged violation of the Knox -Keene Act as a basis for its claim. The demurrer to the 3rd cause of action for unjust enrichment is overruled. The complaint asserts that plaintiff provi...

Excerpt: ... Dennis W. Wilson's objections to the declarations of Mr. Miller, Mrs. Kell, and Mr. Lawrence and the supplemental declaration of Mrs. Kell are all SUSTAINED. The Application is DENIED as to Defendants Dennis W. Wilson Insurance Agency, Inc. dba Wilson Financial Services and Property Pros Capital, LLC. The Application is DENIED as to Defendant Dennis W. Wilson because Plaintiffs have failed to establish with admissible evidentiary facts the proba...

Excerpt: ...oving party in fact served the instant motion and supporting papers more than 21 days prior to filing them. (Code Civ. Proc., §§ 128.5, subd. (f)(1)(B), 128.7, subd. (c)(1); Smith, Smith & Kring v. Superior Court (1997) 60 Cal.App.4th 573, 577 -578 [statements in brie fs are argument, not evidence]; Hart v. Avetoom (2002) 95 Cal.App.4th 410, 413 -415 [motion initially served must be the same as the one eventually filed]; Galleria Plus, Inc. v...

Excerpt: ...gent m isrepresentation. The FAC fails to state facts sufficient to constitute these causes of action. (See Lazar v. Superior Court (1996) 12 Cal.4th 631, 638, 645 [fraud elements]; Nissan Motor Acceptance Cases (2021) 63 Cal.App.5th 793, 823 [negligent misrepre sentation elements].) The residential purchased agreement (RPA) attached as exhibit A to the FAC shows that at the time defendants made the subject “misrepresentations” on 6/1/22 (FAC...

Excerpt: ...er v. AT&T Mobilit y, LLC (2011) 196 Cal.App.4th 1545, 1556 [elements] The FAC states facts sufficient to state a cause of action for Negligent Repair See Berkley v. Dowds (2007) 152 Cal.App.4th 518, 527 [Negligence may be alleged in general terms].) The FAC states facts sufficient to state a cause of action for Violation of the UCC (Defendants failed to identify any defects with the pleading of this cause of action). The omission of the allegati...

Excerpt: ...rder and orde r for issuance of a Writ of Attachment (“Application”) against defendant Arunpal Sehgal, M.D. (“Defendant”) are GRANTED in the following amounts: Reliant Management Group, LLC's Application is GRANTED in the reduced amount of $100,000; and Riverside Postac ute Care, LLC's Application is GRANTED in the reduced amount of $103,132.88. Plaintiff is ordered to post an undertaking of $10,000. “Under Code of Civil Procedure secti...

Excerpt: ... reason able particularity subject to any orders that may be appropriate under Section 3426.5 of the Civil Code.” (Code Civ. Proc., § 2019.210.) Plaintiff has failed to demonstrate compliance with this requirement. Contrary to plaintiff's contentions, the first amended complaint (FAC) does not identify the subject trade secret with reasonable particularity. (See Code Civ. Proc., § 2019.210; Perlan Therapeutics, Inc. v. Superior Court (2009) ...

Excerpt: ... Busine ss and Professions Code section 17200 (UCL) are both based on the same common nucleus of facts as the cause of action for misappropriation of trade secrets and are therefore superseded by the California Uniform Trade Secrets Act (CUTSA). (See K.C. Multimed ia, Inc. v. Bank of America Technology & Operations, Inc. (2009) 171 Cal.App.4th 939, 958959, 962 (K.C. Multimedia) [CUTSA preemption]; Angelica Textile Servs., Inc. v. Park (2013) 220 ...

Excerpt: ...h 1422. “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action…it is not only error but abuse of discretion”.  Morgan v. Superior Court  (1959) 172 Cal.App.2d 527.        Plaintiff argues that Defendant' s proposed A...

Excerpt: ... action is viable because it relies upon allegations of a breach of a duty owed to the minor Plaintiff. As noted in the authority Defendant cit es in support of the demurrer, “unless the defendant has assumed a duty to plaintiff in which the emotional condition of the plaintiff is an object, recovery is available only if the emotional distress arises out of the defendant's breach of some other leg al duty and the emotional distress is proximate...

Excerpt: ...not avoid an anti -SLAPP motion directed at a cause of action in a pending complaint (e.g., the second cause of action for intentional infliction of emotional distress) by filing an amended complaint that effectively drops the claim without prejudice. (See Salma v. Capon, at p. 1294 [legislative poli cy of early evaluation and expeditious resolution of claims arising from protected activity]; see also JKC3H8 v. Colton, at p. 478 [same].) Since ...

Excerpt: ...nts Compass California, Inc. and Art Heckman's motions to compel plaintiffs Mary Nathan and Reuben Nathan to provide further responses to Request for Production of Documents, Set One, are GRANTED in part and WITHDRAWN in part by moving parties. (Code Civ. Proc., § 2031.310 [authorizing motion to compel]; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409 [court's discretion where responses serv...

Excerpt: ...� 1281.2). Defendants have the “burden of proving the existence of a va lid arbitration agreement by a preponderance of the evidence while a party opposing a petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense.” (Ruiz v. Moss Bros. Auto Group (2014) 232 Cal.App.4th 836, 842 ; accord (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219 [once petitioner alleges the agreement e...

Excerpt: ...��all communications between Plaintiff and Mr. Walters co nceivably relevant to the Gifting Transaction for the years 2013 - 2014”].) Busch has failed to set forth specific facts showing good cause for any further production. (See Code Civ. Proc., § 2031.310, subd. (b)(1); Glenfed Develop. Corp. v. Superior Court (1997) 53 Cal.App.4th 1113, 1117 [good cause]; see also Chute Decl. ¶ 11.) Good cause must be supported by factual evidence, such ...

Excerpt: ...ndant fails to meet its initial burden as to Noticed Issu es No. 1, 3, 6, 7, & 8. As to Noticed Issue No. 1, (Vatalaro v. Cnty. of Sacramento (2022) 79 Cal. App. 5th 367, 381) cited by defendant is distinguishable. In Vatalaro the plaintiff could only point to an unspecified violation of civil service rules and more importantly, had affirmatively conceded in discovery that she had no reasonable belief that the law had been broken. (25 Cal 4th at...

Excerpt: ... v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.) A ny “ambiguities can be clarified under modern discovery procedures.” (Ibid.) The FAC states sufficient facts in support of the cause of action for breach of contract against Robert and AHM. (See Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.App.4th 437, 453 [elements]; Miles v. Deutsche Bank National Trust Company (2015) 236 Cal.App.4th 394, 402 [plaintiff may...

Excerpt: ...t. Specifically, Defendant argues that allegations of fraud that function to a lter the terms of an integrated contract are barred by the parole evidence rule. Furthermore, Defendant argues that Plaintiff has pleaded facts that are plainly inconsistent with a claim for promissory fraud by admitting in the Complaint that Defendant performed under the contract until at least Spring 2022. Defendant reasons that it “is implausible that Schreiber's...

Excerpt: ... is taxed in the total amount of $41,089.46, as further discussed b e l ow. Pl aintiff's remaining costs in the total amount of $115,732.31 are granted against defendant Regents only. Plaintiff's 998 offer Plaintiff's Code of Civil Procedure section 998 (section 998) offer to compromise (998 offer) served on Regents on 8/18/17 was valid and effective. The fact that plaintiff obtained a more favorable judgment than his 998 offer is prima facie evi...

Excerpt: ...rm presented, i.e., the comparative consequences of th e issuance and non -issuance of the injunction. (See Fleishman v. Superior Court (2002) 102 Cal.App.4th 350). Generally, where the damage from a breach of contract can be easily estimated, the presumption is that an action at law will be final and prevent further dispute; and an injunction will not issue against the breach. (See Kellett v. Ida Clayton & G.W. WagonRoad Co. (1893), 99 Cal. 210...

Excerpt: ... not the owner of the subject dog. (See, e.g. SS UMF No. 8.) Accordingly, Plaintiff cannot establish a cause of action for strict liability under Cal. Civ. Code § 3342 against Moving Defendant. Negligence and Premises Liability Moving Defendant argues that Plaintiff's causes of action for negligence and premises liability both fail because Plaintiff does not establish the existence of a duty of care applicable to Moving Defendant. “The existen...

Excerpt: ...oodward -Clyde & Associates (1985) 38 Cal.3d 488, 499 ( Te c h-Bilt).) As an initial matter, moving parties' proof of service is defective, as it attests to service via email only. (see Code Civ. Proc., §§ 1010.6, subd. (a)(2), 877.6, subd. (a)(2) [requiring service via “certified mail, return receipt request ed, or by personal service”].) While defendants OC 405 Partners and the State of California, acting by and through the Department of...

Excerpt: ...f three separate entities. Plaintiffs bring suit derivatively on behalf of Reliant Management Group, LLC (“Reliant Management”), Riverside Postacute Care, LLC (“Riverside”), and RMG Capital Partners, LLC (“RMG Capital”). Moving Party has shown that the RMG Capital Operating Agreement contains a valid a rbitration agreement. However, Moving Party has failed to demonstrate why this arbitration agreement would apply to bind Reliant Manag...

Excerpt: ...that she has not yet completed discovery. A court typically has discretion to grant a continuance, but the court must grant a continuance under CCP § 437c(h) on a good faith showing by declaration or affidavit that a continuance is needed to obtain facts essential to justify opposition to a summar y judgment motion. Ace Am. Ins. Co. v Walker (2004) 121 CA4th 1017, 1023 (continuance is “virtually mandated”). See also Dee v Vintage Petroleum, ...

Excerpt: ...payment of the disputed monetary discovery sanctions on 01/18/24. (Khojayan Dec. ¶ 2, Exh. 1.) All requests for sanctions are denied. Defendant is ordered to give notice. Motion No. 2: Defendant Yao Geng's Motion to Stay Action is DENIED. An application for a stay is addressed to the “sound discretion” of the trial court. “In exercising its discretion, the court should consider the importance of discouraging multiple litigation designed so...

Excerpt: ... Dev. LLC (2011) 191 Cal.App.4th 1047, 1068 sets forth the applicable test for determining whether a party waives attorney-client privilege and/or work product protection through use of a company-provided e-mail address. While Holmes sets forth the applicable standard for determining whether privilege has been waived, Moving Party fails to make the requisite factual showing that would demonstrate the attorney-client privilege has in fact been wai...

Excerpt: ...Servicing, LLC, and PHH Mortgage Corporation, as to plaintiff's 13th cause of action for fraud by concealment / fraudulent misrepresentation, is DENIED. (Code Civ. Proc., S 1008 [authorizing reconsideration].) The only "new" facts set forth in the moving papers are: (1) defendants' filing a notice of ruling as to the 10-13-23 order; and (2) defendants' filing a crosscomplaint. (Exs. 1 and 2 to moving papers.) However, plaintiff has not shown why ...

Excerpt: ...f motion to state a ground for relief when the supporting materials discuss and support that ground for relief so that it is clear that relief is sought on that ground"]; ROA No. 39— Mtn. P&As at pp. 4-5 [citing and quoting Code Civ. Proc., S 2030.300].) Defendant/cross-complainant Cesar Quintana (defendant) is ORDERED to provide verified further responses without objections to form interrogatory Nos. 12.2—12.7, within 15 days. The term "INCI...

Excerpt: ...ore of the follow-ng 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." (Cal. Code Civ. Proc., S 430.10, subds. (e) & (f); see Cal. Code Civ. Proc., S 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of achon stated thereinl.) "A person against whom a complaint or...

Excerpt: ...ses of action for fraud and concealment is sustained with leave to amend on the basis that the causes of acton (Specifically the elements of duty to disclose and damages) are not alleged with the level of specificity required to allege a cause of achon sounding in deceit. (See Scafidi v. Western Loan & Bldg. Co. (1946) 72 Cal.App.2d 550, 557.) The demurrer to the fourth cause of action for breach of contract is sustained with leave on the basis t...

Excerpt: ... S 654.6, subd. (a) provides: If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of th...

Excerpt: ...presents evidence that it made a CCP S 998 offer for $70,000.00 plus $5,000.00 in attorney's fees and costs, which if not accepted, would require the Court to set reasonable fees and costs on 07/26/19. (Haddad Dec. '1 7, Exh. D.) The offer expired by its terms on 08/26/19. (ld.) Plaintiff failed to timely accept the 998 offer. (ld. '1 8.) In determining whether plaintiff obtained a more favorable judgment, the amount of the judgment includes atto...

Excerpt: ...The demurrer on the basis of uncertainty is overruled. Demurrers for uncertainty are disfavored. While not a model of clarity and rife with unnecessary evidentiary facts, the FAXC is not is so poorly drafted that Defendant cannot reasonably respond. (See Khoury v. Maly's of California Inc. (1993) 14 Cal.App.4th 612, 616.) The general demurrer to the first cause of action is sustained with leave to amend on the basis that it fails to state facts s...

Excerpt: ...e that a defendant cannot reasonably respond." (Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.) 1st & 2nd cause of action, breach of express warrantes and implied warranty of merchantability The complaint fails to state facts sufficient to constitute these causes of action, with the requisite particularity. (See Civ. Code, SS 1791.2 [express warranty], 1791.1 [implied warranty of merchantability], 1792 [impl...

Excerpt: ... property), debt, or duty held by the stakeholder that may give rise to double vexation. (See Code Civ. Proc., S 386, subd. (b) ["Any person, firm, corporation, association or other entity against whom double or multiple claims are made, or may be made, by two or more persons which are such that they may give rise to double or multiple liability, may bring an acton against the claimants to compel them to -nterplead and litigate their several clai...

Excerpt: ...n the part of the respondent, and (2) a clear, present and beneficial right on the part of the petitioner to the performance of that duty"].) Petitioner's request for judicial notice is GRANTED. (Evid. Code, S 452, subds. (a), (b).) The parties only address whether or not Petitioner is entitled to business tax licenses for the properties addressed in the Petition, given the parties' dispute as to the use of the properties. However, Respondent Cit...

Excerpt: ...Deutsche Bank National Trust Company (2015) 235 Cal.App.4th 394, 402 (Miles) [plaintiff may properly plead the legal effect of a contract, rather than setting forth its precise language]; Committee on Children's Television, Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, 212 [ultimate fact pleading]; see also Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135 [any "ambiguities can be clarified under modern disc...

Excerpt: ...finds is subject to Labor Code section 229. "On a petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if determines that an agreement to arbitrate the controversy exists..." (Code of Civ. Proc., 51281.2.) "Because the exist...

Excerpt: ...rrer. (See, CCP 430.10 (a)- (h).) Accordingly, the demurrer to on this ground is OVERRULED. 1st COA for Breach of Oral Contract The elements of breach of contract are well settled. To state a claim for breach of contract, a party must plead "(1) the existence of the contract, (2) [the party's] performance or excuse for nonperformance, (3) the [other party's] breach, and (4) resulting damages to the [party]." (Maxwell v. Dolezal (2014) 231 Cal. Ap...

Excerpt: ...rrer. (See, CCP 430.10 (a)- (h).) Accordingly, the demurrer to on this ground is OVERRULED. 1st COA for Breach of Oral Contract The elements of breach of contract are well settled. To state a claim for breach of contract, a party must plead "(1) the existence of the contract, (2) [the party's] performance or excuse for nonperformance, (3) the [other party's] breach, and (4) resulting damages to the [party]." (Maxwell v. Dolezal (2014) 231 Cal. Ap...

Excerpt: ...o Bank, N.A. (2011) 198 Cal.App.4th 255, 264-265 [judicial notice of recorded documents]; Poseidon Development, Inc. v. Woodland Lane Estates, LLC 152 Cal.App.4th 1106, 1117 ["the fact a court may take judicial notice of a recorded deed, or similar document, does not mean it may take judicial notice of factual matters stated therein"].) The remainder of the request for judicial notice is DENIED, as the remaining documents are not properly subject...

Excerpt: ...oujade (Poujade) and Tri-Emerald Financial Group, Inc. (TFG). 2. The disclosure of any such discovery shall be limited to the parties to this action; said parties' counsel of record in this action, including counsel's offce staff; and the court, including court staff. 3. The use of any such discovery shall be limited to this action, and for purposes of this action only. Plaintiffs have demonstrated they are very likely to prevail on their punitiv...

Excerpt: ...rvices to W&N which did not fall below the standard of care for an attorney retained to collect a judgment in the Orange County area"; that "the only function of W&N during the time period alleged in paragraphs 10 and 11, above, was to receive and distribute any profits received (such as any monies received pertaining to the Rawji lawsuit) to Wildish and Nialis"; that "W&N was merely a 'strawman" and thus Wildish was truly the client"; that [ilt ...

Excerpt: ...he alleged open book account was in writing, or otherwise in a "reasonably permanent form and manner." (Code Civ. Proc., S 337a.) The remainder of this cause of action appears sufficiently pled. (CACI 372 [elements]; FAC, "1 7, 10, 12; see also 4 Witkin, Cal. Proc. 6th (2023) "Pleading" S 561, subds. (1), (3) [general pleading of common countsl.) 2nd cause of action: account stated This cause of action states sufficient facts. (Zinn v. Fred R. Br...

Excerpt: ...ion that they in fact already knew. Further, the primarily basis for the negligence/premises liability claim was the landlords' failure to do what that knowledge of illegal activities allegedly required the landlord defendants to do—i.e., their "fail[urel to take any steps to prevent or terminated the illegal gambling activites taking place therein," which is what alleged caused the plaintiff's injuries. (FAC GN-I.) Thus, the fundamental facts ...

Excerpt: ...action for trespass to chattels, without leave to amend. (Code Civ. Proc., S 430.10, subd. (e).) Moving defendants' request for judicial notce is GRANTED. (Evid. Code, S 452, subd. (d) [court records]; Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264-265 [court may take judicial notce of the recordation and legal effect of recorded documentsl.) As to Exs. 1, 3, and 11, the court takes judicial notice of the fact that they were r...

Excerpt: ... SUSTAINED, on the grounds that there is another action pending between the same parties on the same cause of action. (Code Civ. Proc., S 430.10, subd. Defendants' request for judicial notice is GRANTED as to Exs. 1-17 and 19-21. (Evid. Code, S 452, subd. (d) [court records]; Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264-255 [court may take judicial notice of the recordation and legal effect of recorded documents]; Cantu v. R...

Excerpt: ... judgment as a matter of law, as to defendant's Answer. (Code Civ. Proc., S 437c, subd. (c).) Summary adjudication is GRANTED as to the Fourth Affirmative Defense of Statute of Limitatons. (Code Civ. Proc„ S 437c, subd. (f) [authorizing summary adjudicaton].) There is no dispute that all relevant acts associated with this lawsuit occurred within the four-year statute of limitations period. (Krieger v. Nick Alexander Imports, Inc. (1991) 234 Cal...

Excerpt: ...al" violation]; Lazar v. Hertz Corp. (1999) 69 Cal.App.4th 1494, 1505 [UCL claim falls with predicate claims].) First cause of action, violation of Civil Code section 2923.7. under the first cause of action, plaintiff Carmen Bevia aka Carmen Kleinecke (plaintiff) alleges defendant violated the California Homeowner Bill of Rights (HBOR), specifically Civil Code section 2923.7, by failing to provide her with a "single point of contact" (SPOC) that ...