Excerpt: ...ed at $495/hour . There is no dispute Plaintiff is entitled to fees and costs/expenses. Defendant contends fees sought are excessive. To support the attorney rates claimed, attorney Haddad listed a sample of median hourly rates for attorneys handling consumer law cases i n Los Angeles, Long Beach, and Anaheim that average $506 per hour. (Haddad Decl., ¶ 26.) The list contains no description of the attorney skill or level of experience, or even t...

Excerpt: ...pled. (¶¶ 1 -49.) Additional facts can be sought through discovery. Fifth Cause of Action for Fraudulent Inducement – Intentional Concealment Defendant challenges the fraudulent inducement by concealment cause of action on grounds it fails to plead the requisite transac tion Civil Code section 1793.2(a) provides: “Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: . . ....

Excerpt: ...ndant, Randy Ellison. Terminating sanctions are appropriate when the “violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules.” (Mileikowsky v. Tenet Healthsystem (200 5) 128 Cal.App.4th 262, 279.) Randy Ellison is selfrepresented and has ceased communicating with Plaintiff. Randy Ellison has ignored this Court's order to meet and confer rega...

Excerpt: ...on. Summary judg ment was previously granted in favor of the District. The Court of Appeal reversed as to the first cause of action for negligence and remanded to the trial court to determine whether some or all of the Rowland v. Christian (1968) 69 Cal.2d 108 (Rowland) f actors exist and whether they weigh in favor of limiting the District's duty to A.P. Negligence A.P. was a student at Villa Park High School and turned 19 years old her senior ...

Excerpt: ...orceable to n onetheless recover attorney fees under that Defendants seek attorney fees pursuant to the terms of an Operating Agreement which provides: “If any party brings an action or proceeding to enforce the terms hereof or declare rights hereunder, the Prevailing P arty in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees.” (FAC, Ex. A, ¶ 9.) (Emphasis added.) The FAC alleges causes of actio...

Excerpt: ...ants' Special Motion to Strike Complaint (Anti -Slapp) Defendants Robert P. Mosier and Mosier & Company, Inc.'s motion to strike the entire Complaint filed by Plaintiffs, Simon Semaan, Pierrette Semaan, Mia Semaan, Simon Semaan, Jr., Melissa Semaan, a minor by and through her Guard ian Ad Litem Pierrette Semaan, and Gilberts Rizallah is GRANTED. Plaintiffs' request for Judicial Notice is GRANTED. (Evid. Code § 452, subds. (d), (h).) “Litigati...

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: ...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: ...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: ...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: ... 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...