Excerpt: ...s no defense to a ca use of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff . . . has met that burden, the burden shifts to the defendant . . . to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The defendant . . . shall not rely upon the allegations or denials of its pleadings to show that ...

Excerpt: ...n will receive.' [Citations.]” (People ex rel. Allstate Ins. Co. v. Weitzman (2003) 107 Cal.App.4th 534, 538 (Weitzman).) The term “qui tam” comes from the Latin expression “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” which means, “'who pursues this action on our Lord the King's behalf as well as his own'.” (Ibid.) The Insurance Frauds Prevention Act (IFPA) was enacted in 1993 to combat workers' ...

Excerpt: ...Plaintiff has failed to adequately allege a cause of action for intentional interference with expected inheritance (IIEI). An IIEI claim requires: 1) an expectancy of inheritance; (2) proof amounting to a reasonable degree of certainty that the bequest would have been in effect at the time of the testator's death; (3) that the defendant(s) had knowledge of the expectation of inheritance; (4) that interference was conducted by independently to...

Excerpt: ...est for judicial notice filed in reply (ROA 24) is DENIED as immaterial to the Court's decision. Statute of Limitations Defendants contend Plaintiff's complaint for legal malpractice and “(a) An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of prof essional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence sh...

Excerpt: ..., ¶¶ 5, 6.) Defendant contends Plaintiff fails to allege compliance with paragrap h 15 of the contract, which requires the parties to attend mediation before initiating a lawsuit. However, paragraphs 11 -17 of the FAC allege Plaintiff asked Defendant to attend mediation and proposed a tolling agreement, and Plaintiff filed suit to preser ve its claims when Defendant did not promptly agree. Plaintiff has adequately alleged an attempt to comply ...

Excerpt: ...does not know” why her employment was terminated. However, paragraph 36 of the complaint alleg es, “Plaintiff is informed and believes and thereon alleges that her race and/or national origin and her complaint about discrimination and harassment due to race were substantial, motivating and/or determining factors in the discriminatory treatment Defen dant subjected her to, including the termination of her employment.” Plaintiff also alleges ...

Excerpt: ...urt's judgment. Plaintiff is mistaken. The filing of a notice of appeal does not deprive the trial court of jurisdiction to award costs and attorney fees. (Korchemny v. Piterman (2021) 68 Cal.App.5th 1032, 1052.) Plaintiff argues the court should consider his financial condition in awarding costs under Vill anueva v. City of Colton (2008) 160 Cal. App.4th 1188, 1202, which held that in a FEHA case, “a plaintiff's financial resources must...

Excerpt: ...efendants' expert witness Carl Mellinger (ROA 334) are OVERRULED. Plaintiff's objections to the declaration of Defendants' expert witness Harvey Kreitenberg (ROA 335) are OVERRULED. Plaintiff's objections to the declaration of Defendant Freitas (ROA 336) are OVERRULED. Defendants' objections to the declaratio n of Plaintiff Chang (ROA 344) are SUSTAINED as to objection no. 10 (hearsay) and OVERRULED as to the remaining objections. Defendants' obj...

Excerpt: ...thin 10 days after service upon the party of written notice of entry of the order.” (Code Civ. Proc., § 1008, subd. (a).) Defendant gave written notice of the court's ruling on defendant's motion for summary judgment on 7 -14 -23. (ROA No. 127.) The instant Motion was filed on 8 -14 -23, more than 10 days after Defen dant gave notice of the court's ruling. (ROA No. 148.) Even if the court were to find the motion timely, the court no longer h...

Excerpt: ...rel. Allstate Ins. Co. v. Weitzman (2003) 107 Cal.App.4th 534, 5 38 (Weitzman).) The term “qui tam” comes from the Latin expression “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” which means, “'who pursues this action on our Lord the King's behalf as well as his own'.” (Ibid.) The Insurance Fraud s Prevention Act (IFPA) was enacted in 1993 to combat workers' compensation fraud. (People ex rel. State ...

Excerpt: ...excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff.” (Careau & Co. v. Sec. Pac. Bus. Credit, Inc. (1990) 222 Cal.App.3d 1371, 1388.) The FAC sufficiently alleges the elements of a breach of contract claim. The demurrer to the first cause of action is OVERRULED. Second, Third and Fourth Cause of A ction - Breach of Oral Contract: Commercial Code section 2201(1) states: “Except as otherwise provided i...

Excerpt: ...costs pursuant to Code of Civil Procedure sec tion 998, subdivision (c)(1). According to defendant's opposition (ROA 202), defendant made two written offers to settle the case: (1) a written offer for $50,000 served by mail on December 8, 2021, when the plaintiff was representing herself (Exhibit A to opposition); and (2) a written offer for $65,000 served electronically on January 23, 2023 when plaintiff was represented by counsel (Exhibit D to ...

Excerpt: ...he Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursua nt to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.” (Code of Civ . Proc., §340.5, subd. (1).) To demonstrate Defendant qualifies under the above, Defendant offers the d...

Excerpt: ...652 (citations omitted).) “By its nature, tort liability arising from conspiracy presupposes that the coconspirator is legally capable of committing the tort, i.e., that he or she owes a duty to plaintiff recognized by law and is potentially subject to liability for breach of that duty.” (Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 511; see also Everest Invs. 8 v. Whitehall Real Est. Ltd. P'ship XI (2002)100 ...

Excerpt: ... GRANTED. (Barak v. Quisenberry Law Firm (2006) 135 Cal.App.4th 654, 66062.) Defend ants Evariste Group Manager, LLC, Andrew Stupin, and Gerald Marcil joinder in Defendants' Motion is GRANTED. Defendants' Request for Judicial Notice of Exhibits A- G is GRANTED. Plaintiff's Request for Judicial Notice of Exhibits A -F is GRANTED. “The court may, on motion, change the place of trial . . . [w]hen the convenience of witnesses and the ends of justic...

Excerpt: ...g in injury.” (Kesner v. Superior Court (2016) 1 Cal.5th 113 2, 1158.) “Premises liability ‘is grounded in the possession of the premises and the attendant right to control and manage the premises'…” (Ibid.) Homeowners' associations have been held to owe duties similar to the duties of a landlord. (Frances T. v. V illage Green owners Assn. (1986) 42 Cal.3d 490, 499.) A duty of care may not be imposed on a landlord without proof that he ...

Excerpt: ...., ¶ 2, Ex. 1.) After Plainti
¯ Þled his Motion, Defendant also served a veriÞcation for its initial response to the Form Interrogatories. (Williams Decl., ¶ 3, Ex. 2.) Plainti
¯'s request for sanctions is DENIED for failure to comply with Code of Civil Procedure section 2023.040. Plainti
¯ to give notice. Plainti
¯'s Motion to Compel Defendant Martin Lopez's Responses to Form Interrogatories General Set One, and Request for Sanctions Pla...

Excerpt: ... of motion and be repeated, verbatim, in the separate statement of undisputed material facts." Code of Civil Procedure section 437c, subdivision (f)(l) states, "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense...

Excerpt: ...sness/gross negligence. Defendant contends it cannot be held vicariously liable for acts that fall outside of the course and scope of Co-Defendant, Paul Alden Miller's employment, citing Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 297 (Lisa M.) and Farmers Insurance Group v. County of Santa Clara (1995) 11 Cal.4th 992, 1005. In contending the conduct alleged against Miller fell outside the course and scope of his employ...

Excerpt: ... authority as to whether an arbitration clause in a Retail Installment Sales Contract (RISC), can be enforced by a nonsignatory car manufacturer under the doctrines of third-party beneficiary and equitable estoppel. (Cf. Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486; Ford Motor Warranty Cases (Ochoa) (2023) 89 Cal.App.5th 1324 (Ochoa), review pending; Montemayor v. Ford Motor Company (2023) 92 Cal.App.5th 958 (Montemayor).) In such a situatio...

Excerpt: ...s or to the prevailing party... " (Civ. Code, S 1717, subd. (a).) However, section 1717 does not apply to tort claims. (Exxess Electronixx v. Heger Realty Corp. (1998) 64 Cal.App.4th 698, 708.) "As to tort claims, the question of whether to award attorneys' fees turns on the language of the contractual attorneys' fee provision, i.e., whether the party seeking fees has 'prevailed' within the meaning of the provision and whether the type of claim i...

Excerpt: ...the plaintiff's damages or injuries." (Lueras v. BAC Home Loans Servicing, LP (2013) 221 Cal.App.4th 49, 62.) "Recovery for negligence depends as a threshold matter on the existence of a legal duty of care." (Doe v. Roman Catholic Archbishop of Los Angeles (2021) 70 Cal.App.5th 657, 621 (cleaned up).) Plaintiff has alleged (1) Defendant had a duty to maintain the common areas near where Plaintiff was injured, including the intersection of Sceptre...

Excerpt: ... controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [9] (a) The right to compel arbitration has been waived by the petitioner; or [q] (b) Grounds exist for the rescission of the agreement... ." "When presented with a petition to compel arbit...

Excerpt: ...ined in full. Defendants' Reply Separate Statement is improper and therefore not considered by the court. (See Nazir v. United Airlines (2009) 178 Cal.App.4th 243, 252.) Defendants' requests for adjudication are technically improper pursuant to Code of Civil Procedure section 437c. The court views this motion as one for summary judgment. "The elements of a negligence claim and a premises liability claim are the same: a legal duty of care, breach ...

Excerpt: ...he likelihood that the plaintiff will prevail on the merits at trial and (2) the interim harm that the plaintiff would be likely to sustain if the injunction were denied as compared to the harm the defendant would be likely to suffer if the preliminary injunction were issued." (Smith v. Adventist Health System/west (2010) 182 Cal.App.4th 729, 749.) ikelihood of Prevailing on the Merits Ahn has sufficiently shown a likelihood of prevailing on the ...