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