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 ...