Excerpt: ...ourt, the unavailability of the first judge (such as by retirement) authorizes a new judge to entertain the reconsideration motion." (Int'l Ins. Co. v. Superior Ct. (1998) 62 Cal.App.4th 784, 786, fn. 2.) Here, Defendant moves for reconsideration of Judge Hunt's Order dated 12/23/2022 striking Defendant's Memorandum of Costs. The Motion was timely filed on 1/3/2023. Having retired, Judge Hunt is unavailable to hear the Motion. Defendant moves for...

Excerpt: ...ion for breach of fiduciary duty are: (1) the existence of a fiduciary duty; (2) breach of the fiduciary duty; and (3) damage proximately caused by the breach." (Stanley v. Richmond (1995) 35 Cal.App.4th 1070, 1086.) An agent is also a fiduciary. (Civ. Code, 2322; see Duffy v. Cavalier (1989) 215 cal.App.3d 1517, 1534.) The allegations against Gonzalez are sufficient. 36, 48.) Fourth Cause of Action for Breach of Contract DENIED. A cause of actio...

Excerpt: ...o grant a nonsuit. (See id., S 630; see also Acqua Vista Homeowners Ass'n v. MWI, Inc. (2017) 7 Cal. 5th 1129, 1139.) A defendant is entitled to a nonsuit when the judge determines as a matter of law plaintiff's evidence is insufficient to permit a jury to find in plaintiff's favor. (See id., S 581c; see also Holistic Supplements, LLC v. Stark (2021) 61 Cal .App. 5th 530, 430.) A motion for nonsuit concedes the truth of the facts plaintiff has pr...

Excerpt: ...gh g is GRANTED. Plaintiff alleges causes of action for Professional Negligence and Breach of Contract against Defendant. Both causes of action arise out of legal representation of Plaintiff in her dissolution action, In re Marriage of Beck, Orange County Superior Court Case No. 160005918 (the "Dissolution Action"). (Complaint, GN-I, BC-I.) Settlement and Release "In general, a written release extinguishes any obligation covered by the release's ...

Excerpt: ...v. McLoughlin (2009) 173 cal.App.4th 156, 179.) The Complaint does not allege Plaintiff is due any balance for which an accounting is required. The Complaint alleges "Plaintiff requests a complete accounting for all transactions, loans, letters, and the Closing/Revoking of his account for the year of 2022." (Complaint, II 22.) It is unclear whether Plaintiff alleges he is due an amount from any of these sources. Third Cause of Action for Declarat...

Excerpt: ...st the property manager Defendants for failure to take action to prevent an illegal sexual relationship between Plaintiff and a non-party adult tenant, Christy Knight (Knight), while Plaintiff was a minor. review of the cases addressing the question of duty in the landlord-tenant context reveals two primary considerations: the foreseeability of the harm and the burden on the landlord created by the duty to protect against the harm. In both Ann M....

Excerpt: ...ersy or claim arising out of, or relating to this Agreement, or the breach thereof, whether involving a claim in tort, contract, or otherwise, shall be settled by final and binding arbitration, upon the motion of either party, for arbitration under the appropriate rules of the AAA or JAMS, as agreed by the parties." Plaintiff does not dispute the Agreement is binding as between Plaintiff and HNI/HNCI. However, Plaintiff contends as a non-signator...

Excerpt: ...feree for 2/17/2023 at 10:00 AM. Each party is ORDERED to file a brief no longer than 5 pages no later than 48 hours prior to the hearing addressing: (1) whether they will stipulate to appointment of a discovery referee under Code of Civil Procedure section 638; (2) if not, why the court should not order appointment of a discovery referee for all purposes pursuant to Code of Civil Procedure section 639. Motion to Strike First Amended Cross-Compla...

Excerpt: ...inks to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit.” If the parties continue to fail to comply with this requirement, they risk their Motion being denied or their Opposition/Reply not being considered by the court. “When presented with a petition to compel arbitration, the initial issue before the [trial] court is whether an agreement has been formed.” ...

Excerpt: ...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 the party opposing the motion in accordance with the applicable standard of proof.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 (fn omitted).) Code of Civil Procedure section 437c(p)(2) states, “A defen...

Excerpt: ...ings, LLC, a California limited liability company, Industrial Holdings, Inc., a Utah corporation's (Petitioners), is GRANTED. Business and Professions Code section 6180.2 states: “Notwithstanding the giving of notice pursuant to Section 6180.1, the superior court on its own motion, or a client of the attorney, the State Bar, or an interested person or entity may make application to the superior court for the county where the attorney maintains ...

Excerpt: ...(2021) 72 Cal.App.5th 158, 165 stating: “The moving party ‘can meet its initial burden by attaching to the [motion or] petition a copy of the arbitration agreement purporting to bear the [opposing party's] signature.' [Citation.] . . . For this step, ‘it is not necessary to follow the normal procedures of document authentication.' [Citation.]”) Defendants' Request for Judicial Notice of Exhibits 1 through 3 is GRANTED. Plaintiffs entered ...

Excerpt: ...action has 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.” Defendant has met its burden to sho...

Excerpt: ...ly with this litigation or any particular aspect of it, and the potential prejudice to plaintiffs of 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 of judicial resources; (4) the interests of persons not parties to the civil litigation; and (5) the interest of the public in the pending civil and criminal litigatio...