Excerpt: ... (See Leeper Decl. ¶ 19, Ex. L.) The motion is also granted as to subpoena #s 89-90, which are directed to Aloha Foot & Ankle Associates/Dr. Devon Glazer and seek all of plaintiff's medical and billing records from 10 years prior to the accident to date. (See Morris Decl. at Ex. 1.) These subpoenas are grossly overbroad and violate plaintiff's right to privacy in her medical records (see Vinson v. Superior Court (1987) 43 Cal.3d 833, 841 (Vinson...

Excerpt: ...”].” (Devonwood Condominium Owners Assn. v. Farmers Ins. Exchange (2008) 162 Cal.App.4th 1498, 1505). The CAA was amended in 1961 to make clear that it extended to “agreements providing for valuations, appraisals, and similar proceedings.” (Code Civ. Proc. §1280, subd. (a) [defining “Agreement”]; see also, Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1130; Appalachia Ins. Co. v. Rivcom Corp. (1982) 130 Cal.App.3d 818, 824 [“As ...

Excerpt: ...ls to state a claim for either. (See Stansfield v. Starkey (Iggo) 220 Cal.App.3d 59, 72-73 [elements for fraudulent misrepresentation]; Lazar v. Superior Court (1 gg6) 12 Cal.4th 631, 645 [heightened pleading requirements); Hahn v. Mirda (2007) 147 Cal. App.4th 740, 748 [elements for fraudulent concealment).). Plaintiff argues on opposition that his claim for fraud is fraudulent concealment, but his cause of action refers to alleged misrepresenta...

Excerpt: .... 96.) This motion is based on plaintiff's failure to comply with the court's 9/14/22 discovery order, which directed plaintiff "to provide verified responses without objection, including without limitation the production of any responsive documents, to defendant's first set of requests for production, within 30 days of notice." (g/ 14/22 Minute Order, p. 2; see McCall Decl. 14, Ex. A [same]. ) Defendant mail-served notice of the ruling on 9/16/2...

Excerpt: ...ties would not be able to informally resolve the issues raised by this motion, despite their reasonable, good faith attempts to meet and confer on the matter. (See Leeper Decl. 2-7, Exs. A-D.) Defendant has also demonstrated good cause for the requested relief by showing that the subject inspection intrudes upon his right to privacy in his cell phone data/information, and by further demonstrating it is largely unnecessary here, because defendant ...

Excerpt: ..., 638, 645 (Lazar) [elements, specificity]; Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4th 394, 403 (Miles) [less specificity required when it appears from the nature of the allegations that the defendant must necessarily possess full information concerning the facts of the controversy]; see also FAC 2-5, 16-19, 22, 25- 28.) Contrary to defendant's contentions, an intentional misrepresentation claim may be based on a false promi...

Excerpt: ...code SS 905, 910, 911.2, 945.4, 946.6 [government claims presentation requirements); Sparks v. Kern County Bd. of Supervisors (2009) 173 Cal .App.4th 794, 798 C"the claims presentation requirement applies to all forms of monetary demands, regardless of the theory of the action"); Gov't Code, 945.6, subd. (a) Clawsuit must be filed within six months after denial of government claim]; 24 Hour Fitness, Inc. v. Superior Court (1 gg8) 66 Cal.App.4th 1...

Excerpt: ...lack of consent)). 2nd cause of action for intentional infliction of emotional distress This cause of action is sufficiently alleged. (See Angie M. v. Superior Court (1995) 37 cal.App.4th 1217, 1225-26 [elements]; Hughes v. Pair (2009) 46 cal.4th 1035, 1051 [definition of severe emotional distress]; See also Compl., 15-17, 21, 23, 26, 28 [outrageous intentional conduct (or done with reckless disregard)] and 22, 27 [severe emotional distress]. 5th...

Excerpt: ...le 3.1350, subds. (b), (d); see also Cadlo v. Owens–Illinois, Inc. (2004) 125 Cal.App.4th 513, 523 [court's discretion to deny summary judgment / adjudication for failure to comply with rule].) Summary judgment is denied, due to triable issues of material fact as to whether moving party may have contributed to plaintiff's injuries. (Civ. Code, §1714, subd. (a) [“Everyone is responsible, not only for the result of his or her willful acts, but...

Excerpt: ...ting memorandum of points and authorities, Pakbaz clarifies that what he is seeking here is “summary adjudication on the first and second causes of action [of breach of contract] to the extent Samakar claims he is entitled to interest on the provision of funds that Samakar provided to Pakbaz.” (Motion P&As at p. 3, italics added; see id. at pp. 5-7.) Pakbaz has failed to meet his initial burden of demonstrating that his affirmative defense of...

Excerpt: ...Pursuant to Emergency Rule 10(c), “This rule will sunset on June 30, 2022, unless otherwise amended or repealed by 35 the Judicial Council. This sunset does not nullify the effect of the extension of time in which to bring a civil action to trial under the rule.” The parties may extend the deadline by written stipulation or oral agreement made in open court, “if entered in the minutes of the court or a transcript is made.” (Code Civ. Proc...

Excerpt: ...tween the parties. (Code Civ. Proc., § 437c, subd. (p)(2) [burden]; Olsen v. Breeze, Inc. (1996) 48 Cal.App.4th 608, 619 [“When the public interest is not implicated, private parties are free among themselves to shift a risk elsewhere than where the law would otherwise place it”]; Ex. A to Hembree Decl. in support of motion [FBO Space Agreement], ¶¶ 10(a) [waiving and releasing moving party “from any and all liability for loss or damage ...

Excerpt: ...ereby set aside. Plaintiff has demonstrated grounds for mandatory relief based on an attorney affidavit of fault. (See Code Civ. Proc., § 473, subd. (b); Rodriguez v. Brill (2015) 234 Cal.App.4th 715, 719, 725 [mandatory relief provision encompasses a dismissal entered as a terminating sanction; an “ ‘order of dismissal for failure to comply with an order compelling responses to discovery] is the practical equivalent of a default judgment' �...

Excerpt: ...r appearance counsel attend the deposition, or by attendance via Zoom, etc.) While the court may have been inclined to award the court reporter costs and other costs directly associated with obtaining the certificate of non-appearance, plaintiffs have provided no evidence of what those costs are. Where monetary sanctions are sought, the notice must be accompanied by a declaration “setting forth facts supporting the amount” of the monetary san...

Excerpt: ... Arthur Young & Co. (1990), 223 Cal.App.3d 1429, 1436.) To the extent that the motion is based upon a pending FBI investigation, defendant fails to cite to any authority for the proposition that the court should stay discovery pending the outcome of said investigation. Defendant fails to show how responding to discovery in this action would somehow “jeopardize” the ongoing FBI investigation. To the extent that the motion is based upon a purpo...

Excerpt: ...) Defendant is not a signatory to the RISC. (See Richardson Decl. ¶ 3, Ex. 1.) With limited exceptions, only a party to an arbitration agreement may enforce the agreement. (DMS Services, LLC v. Superior Court (2012) 205 Cal.App.4th 1346, 1352-1353 [general rule, listing exceptions].) Defendant contends it may enforce the arbitration agreement under two exceptions to this general rule, i.e., as (1) a third party beneficiary; and/or (2) under an e...

Excerpt: ...lpractice. (Sukoff v. Lemkin (1988) 202 Cal.App.3d 740, 744 [elements].) As to defendant Weitzman, there are no facts alleged to show duty or direct liability. (Frances T. v. Village Green Owners Assoc. (1986) 42 Cal.3d 490, 503 [“corporate directors cannot be held vicariously liable for the corporation's torts in which they do not participate …[t]heir liability, if any, stems from their own tortious conduct, not from their status as director...

Excerpt: ...rtedly accessed by cross-defendants belonged to cross-complainants, rather than alleging legal conclusions. The FAXC also fails to allege facts to state a cause of action under 18 United States Code, section 1030, et seq. (the “CFAA”.) “Loss” under the CFAA is limited to any reasonable cost to any victim, including … conducting a damage assessment, and restoring the data, program, system, or information … and any revenue lost, cost in...