Excerpt: ... the event of a disagreement between Owners and in order to break a tie vote, the issue or issues, at the request of any party, shall be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) before an ar bitrator selected from the panels of the arbitrators of the AAA. In the event of referral to arbitration, the Owner requesting arbitration shall remit the fee to initiate the ar...

Excerpt: ...he court previously granted a lengthy trial continuance of nearly seven months, continuing trial from 12/4/23 to 7/1/23. (See 7/14/23 Minute Order.) For that continuance, Plaintiff had requested a 12 - month continuance of trial, arguing that trial in a related civi l action was continued and Plaintiff needs a continuance “so that Plaintiff will be afforded a reasonable time period to conduct discovery in this action after the completion of dis...

Excerpt: ...dant argues that there is no separate cause of action for negligence per se and that the negligence per se portion should be sustained without leave to amend. “‘Ordinarily, a general demurrer does not lie as to a portion of a cause of action, and if any part of a cau se of action is properly pleaded, the demurrer will be overruled.' [Citation.]” (Elder v. Pacific Bell Telephone Co. (2012) 205 Cal.App.4th 841, 856, n.14.) Defendant generall...

Excerpt: ...OS GUZMAN to leav e the Taft Elementary School campus in his vehicle. (FAC, ¶¶ 3, 26.) As a result, Guzman drove erratically and unlawfully in a school zone and struck Plaintiffs with his vehicle. (FAC, ¶¶ 8, 26) To prevail in a negligence action, a plaintiff must show the defendant owed a legal duty to him or her, the defendant breached that duty, and the breach proximately caused injury to the plaintiff. (Wiener v. Southcoast Childcare Cent...

Excerpt: ...ated to the iss ue of sanctions: 1. “Opposition to the request for any sanction”, filed on 1/10/24; 2. “Motion Petition to waive the Sanction on 10/20/2023 due to Medical Condition”, filed on 1/26/24; and 3. “Motion: Withdrawal of Motion – Petition to Waive Sanction du e to Medical Condition”, filed on 5/8/24 (which refers to a hearing date of 5/10/24). There is no motion/petition to waive sanctions properly calendared for hearin...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...