Excerpt: ...WIEC (hereinafte r, collectively “Plaintiffs”). To the extent Plaintiffs can properly amend the IIED claim, the court GRANTS twenty (20) days leave to amend. The fourth cause of action for intentional infliction of emotional distress (IIED) alleges the following: Pursu ant to a written lease agreement, Plaintiffs moved into certain property in Irvine beginning in or about July of 2012. Beginning in or about November of 2018 through December ...

Excerpt: ...ffs filed an opposition to Defendants' Request to take Judicial Notice of documents apparently related to the prelitigation complaints made by plaintiffs to defendants. (See ROAs 76, 95.) At the same time, Plaintiffs state that “judicial notice is unnecessary if the se are the documents attached to Plaintiff's SAC already filed with the court.” Copies of the same documents are in fact attached to the SAC and were previously judicially notic...

Excerpt: ...3310(E)) pro vides in relevant part, (a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person* in the same or a substantially related matter in which that person's* interests are materially adverse to the interests o f the former client unless the former client gives informed written consent. (b) A lawyer shall not knowingly represent a person in the same or a substantially related matter in whi...

Excerpt: ...d system” conducted by local bar associations (as opposed to private alternative dispute resolution providers) and has its own rules and limitations. (See Aguilar v. Lerner (2004) 32 Cal.4th 974, 984; Greenberg Glusker Fields Claman & Machtinger LLP v. Rosenson (2012) 203 Cal.App.4th 688, 693 [Legislature created MFAA as “separate and distinct arbitration scheme applicable to disputes between clients and attorneys over legal fees, costs, or b...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...”.) (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: ...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: ... 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: ...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: ... 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: ...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...

Excerpt: ...atment Process and Mutual Arbitration Agreement” (the “Arbitration Agreement”) and Acknowledgment of the Tenet Health employee handbook (the “Employee Handbook”). (Stip. re Authentication of Arb. Agmt. and Handbook Acknowledgment [Def.'s Evid. at p. 97]; Doe Decl. ¶ 2.) The Arbitration Agreement “covers all disputes relating to or arising out of an employee's employment with the Company or the termination of employment.... Examples o...

Excerpt: ...ct to “fit the crime.” (Reedy v. Bussell (2007) 148 Cal.App.4th 1272, 1293.) The court cannot impose sanctions as punishment; the choice of sanctions should not give the moving party more than it would have gotten had the discovery been responded to. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992; Caryl Richards , Inc. v. Superior Court, 188 Cal.App.2d at 303.) Before issuing terminating sanctions, the court should usually g...

Excerpt: ...rcise, (2) a breach of the duty, (3) a proximate causal connection between the negligent conduct and the injury, and (4) resulting loss or damage.” (Johnson v. Superior Court (2006) 143 Cal.App.4th 297, 305.) “In professional malpractice cases, expert opinion testimony is required to prove or disprove that the de fendant performed in accordance with the prevailing standard of care [citation], except in cases where the negligence is obvious to...

Excerpt: ...e court on the basis of affidavits served wit h the notice of hearing and any counteraffidavits filed in response. (Id. at § 877.6(b).) A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co -obligor from any further claims against the settling tortfeasor or co -obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or compa...

Excerpt: ...presented evidence that discovery in this matter would result in the production of conÞdential and proprietary documentation. (Newman Decl., ¶ 4.) Further, the parties agreed a protective order is warranted, and they agreed to the language of the protective order. (Newman Decl., ¶¶ 89.) 2. Motion for Judgment on the Pleadings The court DENIES American Express's motion for judgment on the pleadings – as to (1) the Cross- Complaint Þled by C...

Excerpt: ...irst, the court disagrees with L.A. Care that County of Santa Clara v. Superior Court (2023) 14 Cal.5th 1034 stands for the proposition that Plainti
¯s are limited to a quantum meruit claim. In County of Santa Clara, the California Supreme Court considered whether a lawsuit for reimbursement of emergency medical services may be maintained against a health care service plan operated by a public entity or whether the Government Claims Act immunize...

Excerpt: ...gful use or with intent to defraud, or both. (2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. (3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in ...

Excerpt: ...enant of quiet enjoyment, and 8) nuisance. The court SUSTAINS in part, and OVERRULES in part, the demurrer. Entire FAC as to Plaintiff Hang Vu - SUSTAINED As Kona Kai notes, the FAC names Hang Vu as a Plaintiff but never alleges any facts about Plaintiff Vu. Plaintiffs did not address this issue in any Opposition. Indeed, the first page of the Opposition filed states only "that Plaintiff Tony Kennedy opposes the demurer and motion to strike." As ...

Excerpt: ...ion; and SUSTAINS defendants Bridgemed Solutions ("Bridgemed") and Tara Kupumbat's demurrer to the fourth, eighth, and tenth causes of achon with 20 days leave to amend. Entire Complaint (re Plaintiff's Capacity to Sue) — OVERRULED Defendants contend plaintiff lacks capacity to sue because Plaintiff failed to comply with the statutory requirements to do business in California by obtaining a certificate of qualification as described in Corporati...

Excerpt: ...d or supplemental proof of service on the clients, to be filed no later than 5 court days before the continued hearing date of 1/26/24 (i.e., by 1/19/24). As of 1/25/24, counsel has not filed a new proof of service. 2. Motion for Summary Judgment The court GRANTS Plaintiff NATIONAL FUNDING, INC's motion for summary judgment on its Complaint. The Complaint alleges causes of achon for breach of contract (against defendant M&M Custom Builders, LLC) ...

Excerpt: ...broad but said that Plaintiff "will produce all responsive, nan-privileged documents in his possession, custody or control." Plaintiff then produced redacted portions of a 1998 agreement between Plaintiff and nonparties Peter Bowie and GV-Newport and portions of a Schedule of Notes Payable. Plaintiff apparently redacted portions of the documents because he deems those portions irrelevant to this lawsuit and states the information at issue contain...

Excerpt: ...ta Ana, California. Defendant's "actions or inactions caused a dangerous condition for pedestrians like Plaintiff," and "the condition was created by employees of the defendant public entity." Defendant had "constructive notce of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it." Defendant is a public entity. Except as prov-ded by statute, a public entity is liable for injury caused by a dangero...

Excerpt: ...mmary judgment meets his burden of showing there is no defense to a cause of action that party has proved each element of the cause of action entitling the party to judgment on the cause of action. (Code Civ. Proc„ S 437c(p)(1).) 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. (ld.) Plaintiff's Complaint a...

Excerpt: ...ance, (3) defendant's breach, and (4) the resulting damages to the plaintiff. [Citation.]" (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821; accord, JRK Property Holdings, Inc. v. Colony Ins. Co. (2023) 96 Cal.App.5th 1, 13.) "'A written contract may 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. [Ci...

Excerpt: ... by jury in an equitable action. The Complaint, the operative pleading, contains a single cause of action for partition of real property pursuant to Sections 872.210 and 872.230 of the Code of Civil Procedure. "Historically, there were separate law and equity courts." (Hoopes v. Dolan (2008) 168 Cal.App.4th 145, 155.) "The aw courts dealt with ordinary property rights, debts, and trespasses and adjudicated disputes by I-ve testimony before a lay ...

Excerpt: ...(a)(4), (c).) FEHA claims are one such exception. (See Williams v. Chino Valley Independent Fire Dist. (2015) 51 Cal.4th 97, 99—100.) "[A]n unsuccessful FEHA plaintiff should not be ordered to pay the defendant's fees or costs unless the plaintiff brought or continued litigating the action without an objective basis for believing it had potential merit." (Ibid.) The FEHA exception also applies "to any other cause of action that is intertwined a...

Excerpt: ...treatments" (Compl., '1 33), • "negligently failed to warn Plaintiff' "of the dangerous effects of the laser hair removal procedure and that the procedure constituted a hazard to Plaintiff's health and safety" (Compl., 35) and • "failed to adequately train, educate, and supervise those persons operating under their supervision and control" (Compl., '1 36). The court finds that Defendants failed to meet their burden on summary judgment. First,...

Excerpt: ...on for medical malpractice are: (1) a duty to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise; (2) a breach of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage." (Johnson v. Superior Court (2006) 143 Cal.App.4th 297, 305). The two main elements that all moving Defendants raise are standard of care and causation. Defen...

Excerpt: ...se of action for breach of fiduciary duty are the existence of a fiduciary relationship, breach of fiduciary duty, and damages.... And the elements of a cause of action for breach of contract are (1) the existence of the contract, (2) plaintiffs performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff." (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 820-821, citations omitted.) He...

Excerpt: ... from those terms contained in written and oral communications with Defendant Valencia on 10/15/2018. (SAC 26- 27.) The elements of a cause of action for breach of contract are: (i) existence of the contract; (ii) Plaintiff's performance or excuse for nonperformance; (iii) Defendant's breach; and (iv) damage to plaintiff resulting therefrom. (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811.) On 3/10/2023, the court sustained NAF's demurre...

Excerpt: ...1 st C/A (breach of contract): "[Tlhe elements of a cause of action for breach of contract are (1) the existence of the contract, (2) plaintiffs performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff." (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) Here, Plaintiff established the existence of the contract (UMF 1), Plaintiffs performance (UMF 10-11), Defendant Cyprus Point'...

Excerpt: ...ts a pleading, motion, or similar paper to the court, the person filing the paper makes an implied "certification" that: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (2) The claims . . and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of exist...

Excerpt: ...riminal remedies for the alleged contempt. To the extent, Plaintiff is requesting criminal remedies, the request is denied pursuant to Section 1385 of the Penal Code. It makes little sense to proceed with what was traditionally considered a "quasi-criminal" proceeding in order to recover discovery sanctions of $1,500, which were ordered to be jointly and severally paid by Defendant Niguel Pointe Homeowners Association and its counsel of record (S...

Excerpt: ...an unusual matter involving defaulted parties and related actions concerning the same real property and opposing requests to quiet title. Hung Do ("Do") filed the first action Do v. Dinh, 2019-01072630 (the "Lead Case") on 5/24/19 against Dinh, Nguyen and others. Before being served and before default was entered against Nguyen in the Lead Case on 2/8/22, Nguyen (along with others) filed a separate action on 4/15/21 against Do, Dinh (later dismis...

Excerpt: ...dered by the court to provide responses to discovery, continued failure to respond may result in the imposition of more severe sanctions. (See, e.g., Code Civ. Proc., S 2031.300(c) [requests for production].) The discovery statutes evince an incremental approach to discovery sanctions, starting with monetary sanctions and ending with the ultimate sanction of termination. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992.) In the cas...

Excerpt: ...dicial notice. Plaintiff moves for summary judgment as to the sole cause of action in complaint for partition by sale of the property located at 14821 Riata Street, Midway City, CA 92655 (the "Subject Property"). The Complaint prays for a judgment against defendants for partition by sale of the Subject Property. Parttion is an equitable action governed by statute to determine interests in real property. (Code Civ. Proc., SS 872.010 et seq.; see N...

Excerpt: ...r to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorneys' fees in addition to other costs. (See also Code Civ. Proc., S 1033.5(a)(10)(A).) Reasonable attorneys' fees shall be fixed by the court and shall be an element of the costs of suit. (Code Civ. Proc., S 1717(a).) O...

Excerpt: ...w, the Complaint contains suffcient allegations to overcome the general demurrer and the causes of action are also not uncertain. (See Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616 ["A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures." l.) Re 2nd C/A (nuisance) To establish a private nuisance cause of a...

Excerpt: ...urden of showng all elements necessary to support the issuance of a preliminary injunction. (O'Connell v. Superior Court (2006), 141 Cal.App.4th 1452, 1481.) Plaintiff shows the following: On 9/28/23, Defendant Lakeside notified its members that it would be voting on a set of Architectural Standards. (Chaudhary Decl., '1 15.) Plaintiff submitted an architectural application on 11/2/23. (Id„ 25.) On 11/3/23, Defendant sent a notice to members re...

Excerpt: ...Further Responses from Defendant MICHAEL CAO to Special Interrogatories (Set One). Plaintiff moves to compel further responses to Special Interrogatories Nos. 5, 5, 8, and 9 on the ground that any objections have been waived and the responses at issue are evasive and non-responsive. While this moton was pending, Defendant Cao served supplemental responses to the discovery at issue. The court finds the supplemental responses to Special Rog Nos. 5,...

Excerpt: ...; and (3) the court's authority to determine arbitrability outside of the context of a motion to compel arbitration or a moton to confirm or vacate an arbitration award. The court also notes the following: "The contractual right to compel arbitration is not selfexecuting: the party asserting its right may do so by petition or affirmative defense in the trial court and by seeking a stay of judicial proceedings." (Williams v. West Coast Hospitals, ...

Excerpt: ...uncertainty. (Code Civ. Proc„ S 430.10(e), (f).) A prior demur by Shaw to the same causes of action (but in the Second Amended Complaint) was sustained with leave to amend. (See 9/1/23 Minute Order.) The TAC alleges the follow-ng: on 3/28/21, Decedent ERNEST ADAMS was struck and killed by Defendant ALEXIS GARCIA-LOPEZ ("Garcia- Lopez") while Garcia-Lopez was under the influence of alcohol and driving a black SUV Northbound on Irvine Avenue. Gar...

Excerpt: ...NIES Defendant's Motion for Judgment on the Pleadings on the First Amended Complaint (FAC). A. Plaintiff Alieu M. Conteh Defendant first argues that Plaintiff ALIEU M. CONTEH is mentally incapacitated, lacks capacity to maintain this action, and failed to follow the for having a guardian ad litem apim-lted. Here, the FAC (filed back on 12/21/2020) concedes that Plaintiff Alieu M. Conteh has been deemed incompetent by the High Court of South Afric...

Excerpt: ... or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just." (Code Civ. Proc., S 410.30(a).) "The doctrine of inconvenient forum (often referred to as forum non conveniens) allows courts to 'exercise their discretionary power to decline to proceed in those causes of action which they ...

Excerpt: ... is without merit. First, Plaintiff argues that the applicable discovery cutoff is based on the original trial date of 7/20/20 and should not be based on the current trial date of 12/18/23. The argument makes little sense given what has transpired in this action after the original trial date of 7/20/20 was set at the original CMC on 7/12/19. (See 7/12/19 Minute Order.) Trial was essentially delayed due to Covid, the appeal, amended pleadings, and...

Excerpt: ...stain a finding that, among other things, "the warning that is required by the settlement complies with sections 25249.5-25249.14." (Health & Sat Code, S 25249.7(f)(4), (f)(5).) Section 25249.6 provides, "No person in the course of doing business shall know-ngly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual, exc...

Excerpt: ... that there must text messages between Thauer and Ventura from 2017. Thauer however testified in deposition that he does not have any texts from before CREDE induced him to invest. (Verdegem Decl., Exh. 5 at 75:9-10.) He confirmed in deposition that he "searched for both Gene and Ventura text messages on [his) phone" and he "produced all text messages that [he has] with Mr. Ventura." (Verdegem Dec., Exh. 6 at p. 234:12-24.) He states he does not ...

Excerpt: ...e other party has refused to arbitrate. (Code Civ. Proc., S 1281.2.) Defendants' motion relies on an arbitration provision in a Consulting Agreement dated January 1, 2004, and executed by THEO MANOLELIS (Theo) and Defendant VICTOR TANON (Tanon). Plaintiff's Complaint appears to reference this agreement and alleges that Theo and Tanon, on behalf of Emplicity, entered into an agreement under which Theo would work for Emplicity on an hourly basis. (...

Excerpt: ...se causes of action are based on the alleged breach of the following agreements: • First Cause of Action: Business Loan Agreement 1: A written loan agreement between Plaintiff and Borrower, dated July 14, 2021, in which Borrower received a loan in the amount of but which provided for a total loan repayment obligation of $64,893.84. [Otero Decl., 4 & Exh. 1]. • Third Cause of Action: Guaranty 1: A written guaranty made concurrent with Business...

Excerpt: ...r excuse for non#rformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff." (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) A written contract may 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. (Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4th 394, 402.) T...

Excerpt: ...tions. (ld.) Macco's counsel initiated the meet and confer process on 6/09/2023, sending a lengthy meet and confer letter regarding each plaintiff's deposition. (Counts Decl. re Born Depo., Ex. I; Counts Decl. re Sorensen Depo., Ex. E.) In that initial letter, Macco requested a response no later than 6/15/2023 as to whether Plaintiffs were amenable to a limited scope deposition on some or all of the issues addressed therein. (Counts Decl. re Born...

Excerpt: ...allegations against Defendant City do not constitute a taking. More specifically, Defendant contend that (1) the failure to issue a business license, (2) Defendant's interference with the ability to obtain funds related to Covid-19, and (3) Defendant's interference with the ability to obtain an alcohol license from the ABC do not constitute takings. To establish liability for inverse condemnation, the plaintiff must prove that: (1) there was a ta...

Excerpt: ... Code; S 3342) Civil Code section 3342(a) states in part, "The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness." The Complaint is not clear whether the first cause of action is pleaded as to all Defendants. Pla...

Excerpt: ...arty Jason Carlos Guzman, an adult, entered the Taft Elementary School premises and made contact with several Taft Elementary School Employees. (Compl. 2.) Apparently suffering from a mental health disorder, Guzman appeared "unkept, dangerous to others, suspicious, not well, and ready to do harm." (ld.) Taft Elementary School personnel knew or should have known that Guzman posed a danger to himself and others and should have guided him away from ...

Excerpt: ... demurrer states only a general demurrer (see Code Civ. Proc., S 430.10(e)), but in the moving points and authorities, defendants also argue that the 1 st cause of action fails for being uncertain (Code Civ. Proc., S 430.10(f)) and for failing to allege whether the contract is written, oral, or implied by conduct (Code Civ. Proc., S 430.10(g)). The court will this defect but cautons counsel to include all appropriate grounds in the notice of moti...

Excerpt: ...ecently filed for Romana Medina on 10/5/23, the court notes that the address for the purported substituted service stated in the proof of service differs from the address prov-ded for service of the instant motion. Compliance with the statutory procedures of service of process is essential to establish personal jurisdiction. (Code Civ. Prtw, S 410.50; Ellard v. Conway (2W1) 94 Cal.App.4th 540, 544.) Absent valid service of summons, the court does...

Excerpt: ...rtionment. Re Requests for Judicial Notice The Court GRANTS LREP's request for judicial notce of the Order from the United States Bankruptcy Court for the District of New Jersey. The Court GRANTS G Companies' request for judicial notice of (A) its Cross-complaint, (B) Plaintiff's operative Second Amended Complaint, and (C) the Court of Appeal's opinion in G Companies Management, LLC v. LREP Arizona, LLC (2023) 88 Cal.App.5th 342. The court DENIES...

Excerpt: ... stated therein. Motion to Consolidate The court GRANTS Plaintiff Mordekah's Motion to Consolidate the two actions. When there are actions involving common questions of law or fact pending, a court may order a joint trial of any or all of the matters in issue in the actions or may order all the actions consolidated, or such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (Code Civ. Proc. S 1048(a).) The semi...

Excerpt: ...ng six causes of action, asserted against both Teletron and Hoang: (1) breach of contract, (2) fraud, (3) breach of covenant of faith and fair dealing, (4) money had and received, (5) intentional infliction of emotional distress, and (6) violation of business and professions code et seq. The court notes that a demurrer to the 5th cause of action was previously sustained without leave and is thus not a subject of the instant motion. The FAC allege...

Excerpt: ... special Interrogatories (Set one), Nos. 2, 5, 8, 11, 12, 13, 14, 18, 21, 23, 24, 26, 27, 29, 30, 31, 32, 33, 34, 35, and 37; and 3. Request for Prtxluction of Documents (Set One), Nos. 144. Enclave also seeks monetary sanctions totaling $14,548.50 against Huynh or McNamara and their counsel of record, (i.e., $2,257.25 for each motion re form interrogatories, $2,673 m for each moton re special interrogatories, and for each moton re requests for p...

Excerpt: ...s to join Coldwell and ring with them real estate agents, staff and confidential information/trade secrets and listings. Plaintiff alleges that, pursuant to this plan, Coldwell successfully enticed Defendants DEBRA LEWANDOWSKI, FARSHID KARAMZADEH and ALAN "DUTCH" KLEINDIENST (collectively, the "Individual Defendants") to leave Plaintiff and defect to Coldwell, taking with them confidential information and allowing Coldwell to cause other employee...

Excerpt: ...ing the motion to quash, Defendant has waived any such opposition. (Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 288; see Wright v. Fireman's Fund Ins. Companies (1992) 11 Cal.App.4th 998, 1011 ["it is clear that a defendant may waive the right to raise an issue on appeal by failing to raise the issue in the pleadings or in opposition to a motion" l.) Plaintiff has presented evidence it objected to Defendant's deposition notices bas...

Excerpt: ..., not coercion a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit." (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 235 [internal quotations and citations omitted].) The existence of a valid agreement to arbitrate is a "question of arbitrability" to be decided by the court unless the parties expressly agree otherwise. (Garden Fresh Restaurant Corp. v. S...

Excerpt: ...et one, and (3) requests for production, set one. Defendant contends that this discovery was served on Plaintiff in 9/23/22 by email, but as of the date of the motions, no responses had served. The motions were unopposed and on 5/5/23, the court granted the motions to compel. The court had issued a tentative ruling granting the motions, and both sides telephonically accepted the tentative. As such, the court ordered Plaintiff to serve ctNle-compl...

Excerpt: ...0.10(e), Nguyen and Bui are named in the first cause of action (fraudulent inducement) and the third cause of action (rescission). 1 st C/A (fraudulent inducement) The Cross-complaint alleges the followng: Back Bay, Nguyen, and Bui signed a "Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate" ("Purchase Agreement" relating to 7782 Trask Ave., Westminster, California 92683 (the "Property"). The intent was for Nguyen and ...

Excerpt: ...e court disregards facts outside the pleadings. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiffv. GTE Cal. , Inc. 101 Cal.App.4th 1395, 1404-1405.) Questi...

Excerpt: ...al concealment: Both Guo and Sai knew of Defendant ZENGJIAN CHEN'S ("Chen") plan to improperly sell certain real property while Chen was in divorce proceedings with Plaintiff. Both Guo and Sai acted as dual agents and both may have encouraged Chen to sell the Property in 2021. Despite knowng that Chen and Plaintiff purchased the property jointly as husband and wife in 2021, both Sai and Guo concealed from Plaintiff that Chen planned to sell the p...

Excerpt: ... sum, (2) the consideration, i.e., gtnds sold, work done, etc., and (3) nonpayment.' [Citation.]" (Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460.) "A common count is not a specific cause of action, however; rather, it is a simplified form of pleading normally used to aver the existence of various forms of monetary indebtedness...." (Professional Collection Consultants v. Lujan (2018) 23 Cal.App.5th 585, 590, citing McBride v. Boug...

Excerpt: ...rty is allowed to recover its filing, motion and jury fees. (Code Civ. Proc., S 1033.5(a)(1); Rozanova v. Uribe (2021) 68 Cal.App.5th 392, 400.) It can also recover "[flees for the electronic filing or service of documents through an electronic filing service provider if a court requires or orders electronic filing or service of documents." (Code Civ. Proc., S 1033.5(a)(14); Rozanova, supra, 68 Cal.App.5th at p. 406.) Attorney service charges for...

Excerpt: ...e.g., CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145 ["[u]nder a long-standing common law rule of procedure, a corporation, unlike a natural person, cannot represent itself before courts of record in propria persona, nor can represent itself through a corporate officer, director or other employee who is not an attorney."]; Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1284, n5 ["In California a corporation may not ...

Excerpt: ...whole truth, and nothing but the truth in answering written interrogatories." (Scheiding v. Dinwiddie Const. Co. (1999) 69 Cal.App.4th 64, 76; see Code Civ. Proc., S 2023.010(f) [evasive response is ground for sanctions].) Where the question is specific and explicit, an answer that supplies only a portion of the information sought is improper. It is also improper to provide "deftly worded conclusionary answers designed to evade a series of explic...

Excerpt: ....) The plaintiff bears the burden of proving that a nonresident defendant has sufficient contacts with the forum state to support personal jurisdiction. (See Aquila, Inc. v. Su#rior Court (2007) 148 Cal. App. 4th 570.) The plaintiff must demonstrate by a prepnderance of the evidence that all jurisdictional requirements are met. (Ziller Electronics Lab GmbH v. Superior Court (1988) 205 Cal. App. 3d 1222, 1232.) If the plaintiff establishes that th...

Excerpt: ...clude an attorney on the correspondence and produce all relevant communications/documents labeled as privileged that are by and between Richard Watson and Gerson ("RWG") acting in a nonlegal capacity. The court DENIES AS MOOT the motion to the extent it seeks an order compelling City to submit a code-compliant privilege log in response to the Zola Subpoena. The court GRANTS the motion to the extent it seeks an order compelling City to submit a co...

Excerpt: ...zo") was employed by Orange County Public Works, which is owned, managed, and/or controlled by the County. Razo was injured while on a job site after he was instructed to use a modified hose/nozzle that was used to clean debris from various locations, including from subterranean tunnels. The County had re-manufactured, modified, altered, installed, assembled, replaced, and/or changed the nozzle that Plaintiff used. The operations manager, Joe Rue...

Excerpt: ...12.1, 12.3, 12.6, 12.7, 14.2, and 17.1. The responses are not complete and straightforward. Both plaintiffs either did not directly and separately respond to the interrogatories and/or did not respond to each interrogatory subsection. Plaintiffs ERANIO E. CORDOVA SR. and ERANIO E. CORDOVA JR. SHALL serve verified, code-compliant responses to Defendant ANDREW IMPARATO, M.D.'S Form Interrogatories, set one, Nos. 6.2, 6.3, 6.6, 9.2, 12.1, 12.3, 12.6...

Excerpt: ...on is denied as to Plaintiffs request to tax $1,245.70 in filing and motion fees. The "verified memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to tax costs to show they were not reasonable or necessary." (612 South LLC v. Laconic Limited Partnership (2010) 184 Cal.App.4th 1270, 1285.) While Plaintiff objects to the filing and moton fees, plaintiff has offered no counterdeclaraton or other ev...

Excerpt: ...S the following evidentiary objections: Nos. 7, 8, 21, 22, 26, 35, 36, 37, 38, and 44. In addition, the court SUSTAINS the evidentiary objections to the quoted portions below: • Portion of No. 6, "As has been throughout this process, FANA did not care." • Portion of No. 10, " due to the illegal foreclosure by BANA." • Porton of No. 11: "during BANA's illegal foreclosure" • Portion of No. 19: another example of the SPOC failing to interact...

Excerpt: ...riefs. Also, "[i]f a plaintiff alleges compliance with the claims presentation requirement, but the public records do not reflect compliance, the governmental entity can request the court to take judicial notice under Evidence Code section 452, subdivision (c) that the entity's records do not show compliance." (Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 375.) Re Demurrer to FAC The court SUSTAINS the demurrer of all named defendants to ...

Excerpt: ... Plaintiffs for (1) breach of written contract, (2) quantum meruit, and (3) breach of the implied covenant of good faith and fair dealing. (ROA 32.) ay way of the proposed pleading, CLS seeks to add new parties to its cross-complaint (LONG SWIMMING POOL STEEL ("LSPS"); JARMAN CUSTOM CONSTRUCTION, INC; and PACIFIC WATERSCAPES) and to add new causes of action for those new cross-defendants (for contribution and apportionment, declaratory relief, an...

Excerpt: ...ntry of Defendant's default, which it did not do. On the merits, the court OVERRULES the general demurrer filed by Defendant LILIA LOO FONG ("Fong") to the form Complaint filed by Plaintiff ANNE RICKEY ("Plaintiff"). The Complaint contains a single cause of action for premises liability against Fong and others. The Complaint alleges that Plaintiff slipped and fell while walking on grass near the driveway next to her condo, which condo is owned by...

Excerpt: ...s Defendant Harrison to admit or deny if the sledgehammer was a construction used for work on the SUBJECT PROPERTY. Defendant Harrison objected on the following grounds: compound and argumentative and contains undefined terms. Subject to those objections, Defendant Harrison states he "has no knowledge or belief of what tools Mag Works owns". The court finds the response insufficient. Notably, the request does not ask if the sledgehammer was owned...