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 ...

Excerpt: ...he fourth cause of action for misappropriation of trade secrets. The court disagrees. The CUTSA by its terms does not displace a contract claim, even if it is based on the misappropriation of a trade secret. (Angelica Textile Services, Inc. v. Park (2013) 220 Cal.App.4th 495, 506.) Nor does the CUTSA displace noncontract claims that, although related to a trade secret misappropriation, are independent and based on facts distinct from the facts th...

Excerpt: ...ecton 2923.5 Civil Code section 2923.5 precludes a trustee or mortgage servicer from recording a notice of default until 30 days after the loan servicer has made initial contact with the borrower to assess the borrower's financial situation and explore options for avoiding foreclosures, or has satisfied the due diligence requirements of the statute. (Civ. Code, S 2923.5, subd. (a)(l).) Due diligence requires sending a letter by first class mail, ...

Excerpt: ...tached as Exhibit A to the FAC, executed by Plaintiff and other parties, with a blank signature line for Defendant. Exhibit 4 to Defendant's request for judicial notice includes the Tolling Agreement with Defendant's signature. Plaintiff's FAC alleges Defendant, acting on behalf of VBI, engaged in misconduct related to a construction project between September 2013 and September 2015, after which Plaintiff initiated a request for AAA mediation. (F...

Excerpt: ...ern Mutual — Breach of Employment Contract Pursuant to California Labor Code section 2922, employment in California which has no specified term may be terminated at the will of either the employee or the employer. This means that "at any time without cause, for any or no reason, and subject to no procedure except the statutory requirement of notice" either party may terminate the employment relationship. (Guz v. Bechtel National, Inc. (2000) 24...

Excerpt: ...cases where the contract was fraudulently induced. (Erlich v. Menezes (1999) 21 Cal.4th 543, 552.) The Complaint sufficiently alleges Plaintiff was induced to enter into the Joint Venture Agreement. (Complaint, 15-16.) Fraud The demurrer to the fraud cause of achon is SUSTAINED because the Complaint fails to plead with particularity, by who, where, and when the misrepresentations were made to Plaintiff by Defendants. (Lazar v. Superior Court (Laz...

Excerpt: ...s conduct by the defendant; (2) the defendant's intention of causing or reckless disregard of the probability of causing emotional distress; (3) the plaintiff's suffering severe or extreme emotional distress; and (4) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. (Yau v. Santa Margarita Ford, Inc. (2014) 229 Cal.App.4th 144, 161.) For conduct to be outrageous for purposes of IIED, the conduct must ...

Excerpt: ...22. (Code Civ. Proc., SS 2030.260, 1013(a).) To date, Plaintiff has not served responses and indicated he threw the discovery requests into the trash. (Arjang Decl„ 5-6.) Plaintiff's Opposition consists of 20 pages in violation of California Rules of Court, rule 3.1113(d). The court has considered only the first 15 pages. Plaintiff is cautioned he must comply with all applicable statutes and rules. The court offers a self-help desk on the first...

Excerpt: ...n the Act, neglect refers not to the substandard performance of medical services but, rather, to the failure of those responsible for attending to the basic needs and comforts of elderly or dependent adults, regardless of their professional standing, to carry out their custodial obligations. Thus, the statutory definition of neglect speaks not of the undertaking of medical services, but of the failure to provide medical care. Notably, the other f...

Excerpt: ... person, (2) without lawful privilege, and (3) for an appreciable period of time, however brief." (Easton v. Sutter Coast Hosp. (2000) 80 Cal.App.4th 485, 495.) "The only mental state required to be shown to prove false imprisonment is the intent to confine, or to create a similar intrusion." (Fermino v. Fedco, Inc. (1994) 7 Cal.4th 701, 716.) Plaintiff alleges, "[on] January 5th 2023 the Defendants took away the Plaintiffs gate pass which meant ...

Excerpt: ... or proceeding." Code of Civil Procedure section 1033.5 sets out the items which are allowable as costs under secton 1032. "[Ilf the ftems on a verified cost bill appear proper charges they are prima facie evidence that the costs, expenses and services therein listed were necessarily incurred. [Citations] However, where the items are properly objected to, they are put in issue, and the burden of proof is upon the party claiming them as costs." (M...

Excerpt: ...d confer, the Court will construe the moton as a demurrer and rule on the merits because Cross-complainant has opposed the motion. (Tate v. Superior Court (1975) 45 Cal.App.3d 925, 930 ["lilt is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of the moton."]) The Cross- Complaint alleges causes of action for frau...

Excerpt: ...roma) in the amount of $250,803.26. The Court entered judgment against Stroma in favor of Plaintiff for breach of the convertible notes in the amount of $270,130.00. The convertible notes contain provisions making attorney fees recoverable on the breach of convertible notes. (Cheng Decl. 27; Ex. 2.) Plaintiff is the prevailing party on these claims and can recover reasonable attorney fees. The Court entered judgment against Stroma in favor of Pla...

Excerpt: ... for nonperformance of the contract; (3) defendant's breach; and (4) damage to plaintiff resulting from the breach." (State Comp. Ins. Fund v. ReadyLink Healthcare, Inc. (2020) 50 Cal.App.5th 422, 449.) The Cross-complaint alleges Cross-Defendants breached the terms of the First Amended and Restated Shareholder Agreement entered into by DFG, El Moussa, and Troy in April 2021 (the "2021 Agreement") by failing to appoint an appraiser to determine t...

Excerpt: ... also uncertain because it is so ptnrly pled Defendant cannot reasonably determine what issues must be admitted or denied, or what causes of action are directed against it. (Khoury v. Mays of California, Inc. (1993) 14 Cal.App.4th 612, 615.) Plaintiff is ordered to file a red-lined and a clean version of the amended complaint. Defendant to give notice. Defendant's Motion and Special Motion to Strike (Ant-SLAPP) Complaint Defendant Gordon Rees Scu...

Excerpt: ... In determining whether to stay the civil proceedings, the court should consider the follow-ng factors: "(1) the interest of the plaintiffs in proceeding expeditiously with this litigation or any particular aspect of it, and the potential prejudice to plaintiffs of a delay; (2) the burden which any particular aspect of the proceedings may impose on defendants; (3) the convenience of the court in the management of its cases, and the efficient use ...

Excerpt: ...rous condition of public property against Does 1-200. Defendant was added by amendment as Doe 1 on 4/14/2021 and contends Plaintiff is only pursuing negligence against it. Plaintiff's opposition seems to concede this point, as it is undisputed Defendant is not a government entity and therefore does not own or control public property. In its motion, Defendant argues it did not owe a legal duty to decedent; the decedent's voluntary conduct bars his...

Excerpt: ...laration and requests for admission deemed admitted on 2/10/2023 and 3/17/2023. First Cause of Acton: Failure to Pay Wages Worked To establish a claim for nonpayment of wages under the Labor Code, Plaintiff must prove: (1) Plaintiff performed work for Defendant, (2) Defendant owes Plaintiff wages underthe terms of the employment and (3) the amount of unpaid wages. (CACI No. 2700.) Plaintiff has not met his burden as the moving party, because Plai...

Excerpt: ...ntiffs' claims against them are barred by the one-year statute of limitations in Code of Civil Procedure section 340.6, subdivision (a). The SAC alleges Defendant Holden is an attorney and a partner with GRSM who assisted Defendant Jeffrey Jacobson in carrying out his scheme to break the irrevocable Abraham Trust in order to get all of the trust assets solely into Jeffrey's name. (SAC, '1 7, 9, 55.) Between September 2W5 and August 2021, Defendan...

Excerpt: ...ts, Plaintiff has experienced severe emotional distress among other harm . . (Complaint, 24.) Plaintiff's conclusory allegation that does not list a single symptom is insufficient. (Bogard v. Employers Casualty Co. (1985) 164 Cal.App.3d 602.) The Court SUSTAINS the demurrer to the Thirteenth Cause of Action for Intentional Infliction of Emotional Distress with 15 days leave to amend. Plaintiff fails to state sufficient facts to state a cause of a...