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: ...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: ... 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: ... 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: ... 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: ..., 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ....) 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...