Excerpt: ...mpt at an informal resolution of each issue presented by the motion .”]; Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1293- 1294; Leko v. Cornerstone Building Inspection Services (2001) 86 Cal.App.4th 1109, 1124; see also Thomas Decl., ¶ 6, Exh. D [addressing Defendant's objections on 2/12/24].) Defendant maintains that it is willing to produce a witness as to Matters for Examination Nos. 1 and 2, but objects to Matters Nos. 3 and 4 on vario...

Excerpt: ...ional mis representation), 3rd cause of action (Bus. & Prof. Code 17200 violation), 4th cause of action (promissory estoppel), 5th cause of action (“set aside trustee's sale and void/cancel trustee's deed upon sale”), and 6th cause of action (quiet title). 2nd C/A (intentional misrepresentation) A cause of action for intentional misrepresentation requires showing (1) a misrepresentation; (2) knowledge of its falsity; (3) intent to induce reli...

Excerpt: ...2 agains t the subject property, 2. the Statement of Information filed on 12/20/22 by Canyon Plaza, LLC, 3. the Statement of Information filed on 12/20/2022 by Canyon Plaza Management, LLC, and 4. the Statement of Information filed on 1/20/23 by Jakosky Properti es, Inc. The court GRANTS the request to take judicial notice of the Grant Deed (Exhibit 1). (Evid. Code § 452(h).) The court however DENIES the request for judicial notice as to the ...

Excerpt: ... elements of a c ause of action for intentional interference with prospective economic advantage are: “‘“(1) an economic relationship between the plaintiff and some third party, with the probability of future economic benefit to the plaintiff; (2) the defendant's knowledge of the relationship; (3) intentional acts on the part of the defendant designed to disrupt the relationship; (4) actual disruption of the relationship; and (5) economic ...

Excerpt: ...Eviden ce Code section 1157 preserves the secrecy of the proceedings and records of peer review bodies and of organized committees of hospital or professional associations charged with evaluating and improving the quality of care rendered by specified health care professionals. The burden is on the facility, as the party resisting discovery, to establish that the information falls within the class of material protected under Section 1157. (Santa...

Excerpt: ...glish is n ot his native language. (Pedraza Decl., ¶¶ 10 -12.) The DRP states in relevant part: Arbitration shall be the sole and exclusive remedy for any dispute, grievance, claim, or controversy of any kind or nature (a "claim") arising out of, related to, or con nected with your employment application with the Company, your employment relationship with the Company, your engagement with the Company, and the termination of your employm...

Excerpt: ...Complaint (the o perative pleading) filed by Plaintiff NANCY L. ROJO (“Rojo”). Rocha's alternative motion for summary adjudication of issues is therefore MOOT. Only the 5th and 6th causes of action of the Third Amended Complaint remain. 5th C/A (financial elder abuse) Th e fifth cause of action for financial elder abuse alleges, inter alia: Rocha used an expired Memorandum of Understanding (MOU) to take, deprive, misappropriate, and retai...

Excerpt: ...fer obligation pr ior to filing the motion, and further attempts to meet -and -confer would have been futile under the circumstances. The court notes the following: Defendant proffers evidence that her attorney, Mark S. Ashworth, sent Plaintiff a detailed initial meet- and-c onfer letter on at least three separate occasions – on September 27, October 5, and October 17, 2023. (Ashworth Decl., ¶ 2; Exh. A.) “At some point Plaintiff called [Mr...

Excerpt: ...eet their initial burden of establishing a written agreement exists between the parties that includes a prevailing party contract, as required under Civil Code section 1717. Civil Code section 1717(a) states, “In any action on a contract, where the contract specific ally provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the pa...

Excerpt: ...aking or damaging by a public entity of a valuable property right; (2) that the taking or damaging was for a public use; and (3) that the invasion or appropriation directly and specifically affected the property owner to his or her injury. (City of Los Angeles (201 1) 194 Cal. App. 4th 210, 221.) Plaintiff alleges that the following constitute a taking: (1) Defendant's refusal to issue Plaintiff a business license for a four month period startin...

Excerpt: ...1) the existen ce of the contract, (2) [the party's] performance or excuse for nonperformance, (3) the [other party's] breach, and (4) resulting damages to the [party].” (Maxwell v. Dolezal (2014) 231 Cal. App. 4th 93, 97- 98.) A complaint need only plead the legal effect or substance of the contract's material terms, even for oral contracts. (See, e.g., Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616 [“An oral contrac...

Excerpt: ...lectively “Goe Forsythe”) and Attorney MICHAEL LEBOFF and the Law firm KLEIN & WILSON (collectively “ LeBoff”). The Parks move pursuant to Code of Civil Procedure section 2031.285, which provides in pertinent part: (a) If electronically stored information produced in discovery is subject to a clai m of privilege or of protection as attorney work product, the party making the claim may notify any party that received the information of the...

Excerpt: ...t argues that it only agreed to “perform” and not t o “complete” the work. Such appears to be a tortured reading of the parties' agreement and not consistent with the apparent intent of the parties. For example, Defendant's interpretation of the word “performed” would allow Defendant to merely begin the r epair/replace work without ever having to complete the work. The agreement entered into on or about May 9, 2023, called for work to...

Excerpt: ...”.) (Judgment at p. 9, lines 4- 5.) In the instant motion, D efendants state their argument was that “the verdict should be reduced pursuant to section 877.6 of the Code of Civil Procedure in the amount stipulated by the release between Plaintiff and former defendants Managed Facilities Solutions, Inc. and Adam Kida n….” (Mov. Pts. & Auth. at 5, lines 11 -13.) The court notes that Defendants' previously filed Trial Brief on the issue sta...

Excerpt: ...dants (as opposed to entity defendants), a good faith effo rt at personal service must first be attempted before utilizing substitute service – i.e., there must be a showing that the summons “cannot with reasonable diligence be personally delivered” to the individual defendant. (Code Civ. Proc., § 415.20(b).) After a good faith attempt at personal service, an individual defendant may be sub -served by: (1) leaving a copy of the summons an...

Excerpt: ...ogatory No. 12.1 and Special Interrogatory No. 18 are evasive and incomplete. Code of Civil Procedure section 2030.220(a) requires that “[e]ach answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits. ( Code Civ. Proc., § 2030.220(a).) GM, who failed to respond to these motions regarding interrogatories, failed to meet its burden to justify the obj...

Excerpt: ...RA cap for non -economic damages;” and (2) “ Defendant, FIRST LIGHT RECOVERY, LLC (First Light) is not a health care provider, contrary to what is asserted by the First Light in their Eleventh Affirmative Defense in their Answer to Plaintiff's First Amended Complaint, thus, First Light would not be s hielded by the $250,000 MICRA cap for non -economic damages”. (Not. of Motion, p. 2, lines 7 -16, emphasis added.) Defendant argues that the i...

Excerpt: ...within the meaning of Section 583.310 of the Code of Civil Procedure on the filing of the plaintiff's original compl aint. (Bruns v E-Commerce Exch., Inc. (2011) 51 Cal.4th 717, 723.) A judge may dismiss an action, on the judge's own motion or on the defendant's motion, after notice to the parties when the action is not brought to trial within this time period. (Code Ci v. Proc. § 583.360(a).) The three statutory exceptions that tol...

Excerpt: ...s motion complies with rule 3.1324 of the California Rule s of Court, as it includes a red -lined copy of the proposed First Amended Complaint which alerts the Court, and the parties, to the proposed revisions. In addition, the declarations submitted in conjunction with the motion specify the effect of the amendme nt, why the amendment is necessary and proper, when the facts giving rise to the amended allegations were discovered, and the reasons ...

Excerpt: ...ing a demurrer, the scope of permiss ible amendment is limited to the causes of action that have been originally pleaded. (People By & Through Dep't of Pub. Works v. Clausen, 248 Cal.App.2d. 770 (1967). A plaintiff, therefore, may not amend the complaint by adding new causes of action without first obtaining an order from the court. (Harris v. Wachovia Mortg., FSB (2010) 185 Cal.App.4th 1018, 1023 [“Following an order sustaining a demurrer …...

Excerpt: ... Complaint filed by Plaintiff JOSE MARTINEZ -DURAN (“Plaintiff” ). The Alternative Motion for Summary Adjudication of Issues is therefore MOOT. The Complaint contains 10 causes of action related to alleged discrimination and unpaid wages by Defendant, Plaintiff's former employer. After showing that Plaintiff faile d to comply with multiple court orders concerning discovery and finding that Plaintiff was not likely to comply with the discove...

Excerpt: ... Summary Adjudication of Issues. The motion concerns the follo wing three issues: • No. 1: Whether Defendant ROSAURA DE KUYPER (“Defendant”) breached her fiduciary duties to Plaintiff. • No. 2: Whether Defendant breached her duty of loyalty to Plaintiff. • No. 3: Whether there is no merit to Defendant's third affirma tive defense for failure to mitigate. “‘The elements of a claim for breach of fiduciary duty are (1) the existence ...

Excerpt: ...t for 4/8/24. The Petition appears to have been prompted by the prior c ourt's ruling on a motion for judgment on the pleadings as to the Third Amended Complaint (“TAC”), a ruling issued on 12/1/23. The court granted the motion as to the second cause of action for negligence, finding that Plaintiffs failed to comply with Code of Civil Procedure section 425.15 and stating the following: “Code of Civil Procedure section 425.15 applies becaus...

Excerpt: ...ed Complaint (“TAC”). The BT Defendants' main arguments for each cause of action is that they owed no duty to the decedent, they did not provide alcohol at the event, they did not have constructive knowledge that alcohol was being served at the event, they were not present at the event, and they did not manage or supervise the event. The court disagrees with the BT Defendants that, at this pleading stage, the court can determine that the BT D...

Excerpt: ...ed to appear for examinati on that was set for 9/13/23. (Hook Decl. ¶¶ 8, 13, Exh. G.) Plaintiff's counsel appears to have objected to Defendant unilaterally setting Plaintiff's deposition. (Hook Decl. ¶ 9, Exh. H.) Plaintiff's counsel also opposed Los Angeles as a location for Plai ntiff's in-person deposition and requested that the parties discuss the option for Plaintiff's deposition to be taken via Zoom. (Id.) Defendant has complied with t...