Excerpt: ... be presented, court shall order a continuance].) Continuance of a motion for summary judgment is not mandatory when the declaration fails to make the necessary showing. (Johnson v. Alameda County Med. Ctr. (2012) 205 Cal.App.4th 521, 532 (Johnson).) An opposing party's declaration in support of a motion to continue the summary judgment hearing should show the following: (1) facts establishing a likelihood that controverting evidence may exist an...

Excerpt: ...lege duty, Defendants' intent to induce reliance, or Plaintiff's justifiable reliance. A legal duty arises from a fiduciary or confidential relationship, privity of contract, or from special circumstances, oftentimes in cases dealing with the sale of property. (La Jolla VIII Homeowners' Association v. Superior Court (1989) 212 Cal.App.3d 1131, 1151 (La Jolla III); see Calemine v. Samuelson (2009) 171 Cal.App.4th 153, 161 [real estate seller's dut...

Excerpt: ...r aiding and abetting breach of trust, and the seventh cause of action for unfair business practices. Defendant Vince is an attorney who allegedly assisted Defendant Jeffrey Jacobson in “breaking” the family trust in 2002 and wrongfully transferring its assets to Jeffrey Jacobson. (SAC, ¶¶ 16, 77, 108.) Plaintiffs allege they learned of the scheme after receiving a 20,000-page document production in a related case on 7/9/2020. (SAC, ¶ 55.)...

Excerpt: ...sel, Gordon V. Dunn III, have satisfied the meet and confer requirement prior to filing the motion. (Code Civ. Proc., § 2016.040.) Plaintiffs assert defendant's response to form interrogatory 15.1 is non-responsive, evasive and incomplete because it contains boilerplate, meritless objections and insufficient answers. Moreover, the responses are void of any facts supporting defendant's affirmative defenses. The court disagrees defendant's respons...

Excerpt: ...eid v. Google, Inc. (2010) 50 Cal.4th 512, 526.) Plaintiff moves for summary adjudication of the second cause of action for private nuisance in the First Amended Complaint. The elements of private nuisance include the following: “First, the plaintiff must prove an interference with his use and enjoyment of its property. Second, the invasion of the plaintiff's interest in the use and enjoyment of the land must be substantial, i.e., it caused the...

Excerpt: ...ccident that occurred after the subject incident provide facts essential to opposing the motion. (Code Civ. Proc., § 437c, subd. (h).) “The party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See...

Excerpt: ... Further Responses to Requests for Production from Plaintiff Colter Mertlich; Request for Order Awarding Monetary Sanctions in The Sum of $2,510.00 Defendant's Motion to Compel Further Responses to Requests for Production from Plaintiff Ken Ginn; Request for Order Awarding Monetary Sanctions in The Sum of $2,510.00 The above motions are CONTINUED to 8/11/2023 at 10:00 AM. Defendant filed these motions on 4/19/2023, after the parties agreed to ent...

Excerpt: ...Defendant has not shown these questions are likely to lead to discovery of admissible evidence regarding reasonableness of Plaintiff's medical bills or the extent of medical bills incurred by Plaintiff. Defendant has not cited legal authority holding the discovery of a medical provider's general billing practices is relevant to determine the reasonableness of Plaintiff's medical charges. The motion is DENIED to the extent it seeks a further respo...

Excerpt: ...terms of the contract and/or whether the contract is written, or implied by conduct. (See Maxwell v. Dolezal (2014) 231 Cal.App.4th 93, 98; Code Civ. Proc., § 430.10, subd. (g).) Breach of Fiduciary Duty The demurrer is OVERRULED. LaVine was the accountant to the Trust and the beneficiaries entrusted it with providing financial advice and oversight of their Trust. (See City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 C...

Excerpt: ...ior Court Case No. 30-2022-01269276-CU-BT-CJC (the “Daniel Case”), and (2) Lawrence Jay Jacobson, etc., et al. v. LaVine & Associates CPA, Inc., etc., et al., Orange County Superior Court Case No. 30-2022-01269337-CU-RI-WJC (the “Lawrence Case”) is DENIED without prejudice in part, and GRANTED in part. “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or a...

Excerpt: ...alse Imprisonment “The elements of a tortious claim of false imprisonment are: (1) the nonconsensual, intentional confinement of a 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, 496.) “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,...

Excerpt: ...part” of her body as required under Code of Civil Procedure section 1708.5. Jane Doe X.M.'s Fourth Cause of Action for False Imprisonment “The elements of a tortious claim of false imprisonment are: (1) the nonconsensual, intentional confinement of a 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, 496.) “The only mental state required...

Excerpt: ...ns. Plaintiffs/Cross-Defendants Eric Smith and Stacy Thorne (Plaintiffs) request that Cross- Complainant Eric Woolard's Cross-Complaint be dismissed as a terminating sanction and monetary sanctions in the amount of $1,850.00 as the reasonable costs and attorney fees incurred. When a party fails to obey a court order, the full range of discovery sanctions becomes available. (Code Civ. Proc. §§ 2023.010(g), 2023.030.) The behavior justifying term...

Excerpt: ...) and (b) destroying, dismantling, disabling, or performing acts which diminish the value of the Sailboat is GRANTED. Code of Civil Procedure section 527, subdivision (a) provides: “A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. No preliminary injunction ...

Excerpt: ...h, and Fifth Causes of Action is GRANTED. Defendants/Cross-Complainants' Objections to Plaintiff's Evidence are OVERRULED. DEFENDANT SAP PUBLIC SERVICES, INC. (“SAP”) Third Cause of Action for Retaliation in Violation of California Government Code § 12653 “To establish a prima facie case, a plaintiff alleging retaliation under the [California False Claims Act] must show: (1) that he or she engaged in activity protected under the statute; (...

Excerpt: ...10:00 AM. The court, Honorable Derek Hunt presiding, previously disqualified the Lysaght Law Group LLP (“Lysaght”) from representing the Naswaris in the present action as Lysaght had previously represented the Rabadis in Rabadi v. Shoubash, Los Angeles Superior Court Case No. BC459192 (the “Original Action”). That ruling was upheld on appeal. The Rabadis now seek to disqualify Robert Tauler and his law Firm Tauler Smith LLP (“Tauler”)...

Excerpt: ...t bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid. Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of th...

Excerpt: ...s-complainants Diamond Pro, LLC and Diamond ZB Staffing Services filed suit against Cross-Defendants Bridge and Hanson in the United States District Court for the Western District of Pennsylvania, Case No. 2:21-cv-01718-AJS (the "Pennsylvania Action") (Oliver Decl, Ex. A) The Pennsylvania Action alleges nearly identical facts and causes of action to those pled in the instant Cross-complaint. The only difference is that Lake, the principal of the ...

Excerpt: ... pursuant to Section 128.5. Section 425.16, subdivision (c)(l) therefore incorporates the substantive and procedural requirements of section 128.5. (Chitsazzadeh v. Kramer & Kaslow (2011) Igg Cal.App.4th 676, 683.) Section 128.5, subdivision defines frivolous as totally and completely without merit or for the sole purpose of harassing an opposing party. A motion is totally and completely without merit if any reasonable attorney would agree the mo...

Excerpt: ...oid. A void action by the court may be attacked at any time. (See People v. North River Insurance Company (2020) 58 Cal .App. 5th 300, 313.) If the court were to proceed with entering a default judgment after determining the default was improperly entered, the default judgment would be void. (See Yeung v. Soos (2004) 119 Cal.App.4th 576, 582.) Therefore, the court will determine the matter notwithstanding the requirements of Code of Civil Procedu...

Excerpt: ...by statute, a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either: (a) A negligent or wrongful act or omission of an employe...

Excerpt: ...uaranty, (2) the borrower has defaulted, and (3) the guarantor failed to perform under the guaranty." (Grayl CPB, LLC v. Kolokotronis (2011) 202 cal.App.4th 480, 486.) Balboa has met its initial burden to produce admissible evidence on each element of the breach of guaranty cause of action. (Balboa's LJndisputed Material Fact ("IJMF") Nos. 2, 13, 6, 7, 42, 27.) The burden shifts to Defendant to show a triable issue of material fact exists. Defend...

Excerpt: ...y be pleaded either by its terms—set out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated therein by reference—or by its legal effect. In order to plead a contract by its legal effect, plaintiff must allege the substance of its relevant terms. This is more difficult, for it requires a careful analysis of the instrument, comprehensiveness in statement, and avoidance of legal conclusions." (McKell v...

Excerpt: ...as no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto." Plaintiff's complaint alleges causes of action fo...

Excerpt: ...vantages, facilities, privileges, or services in all business establishments of every kind whatsoever, no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. (Civ. Code, 51, subd. (b). ) Under the Unruh Act, anyone who denies, aids, or incites a denial, or makes any discrimination or di...