Excerpt: ...See Lee v. Hanley (2015) 61 Cal.4th 1225, 1232 [a demurrer based on the statute of limitations is only permissible where the running of the statute appears "clearly and affirmatively" from the dates alleged, it is not sufficient that the complaint might be barred]; Code Civ. Proc., 338, subd. (d) [the three-year statute of limitations for a fraud cause "is not deemed to have accrued until the discovery, by the aggrieved party, of the facts consti...

Excerpt: ... appear for deposition, was provided notice of said order, and failed to appear for a subsequent properly noticed deposition. (ROA 176; Lafer Decl., 2-4, and Exs. B and C thereto.) Plaintiff McKloski's complaint is thus ordered DISMISSED as to defendant Loan Nguyen Vyas. Moving party's request for additional monetary sanctions is DENIED. Defendant Loan Nguyen Vyas' motion to dismiss the action of plaintiff Andrea Greenway, filed on 11-14-22, is D...

Excerpt: ...et its initial burden to show the action has no merit. (See Code Civ. Proc., S 437c, subds. (a), (p)(2) [burden]; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851 [same]. ) Defendant's evidence establishes that a triable issue of material fact exists as to its undisputed material facts ("UMF") No. 17 & 20, specifically the provisions of its agreement with co-defendant Eastbluff to "...to continue at no additional cost tree inspect...

Excerpt: ...ong other things, that defendant breached the implied covenant by intentionally refusing to close the transaction while she had formal loan approval. Where a party seeking summary judgment has not addressed all of the relevant allegations of the complaint and/or all theories of liability alleged, it is not entitled to summary judgment. (See Amerigas Propane, LP v. Landstar Ranger, Inc. (2010) 184 Cal.App.4th 981, 1001; Hawkins v. Wilton (2006) 14...

Excerpt: ...cond amended cross-complaint sufficiently states facts sufficient to constitute a cause of action for breach of oral contract. (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821 [elements].). While the agreements not to compete and not to solicit are void as alleged, Cross-Complainant has plead other terms to the agreement that are neither void nor illusory. (See Bus. & Prof. Code §§ 16600, 16601; SAXC, ¶ 28). The rest of the elemen...

Excerpt: ...(plaintiff) claims. Other than showing that Westcliff provided plaintiff with her final paycheck on the day of her termination (Lee Decl. ¶ 3, Ex. A), and that plaintiff executed a written release that same day (id. ¶ 4, Ex. B), Westcliff does nothing to address plaintiff's material allegations. The mere fact that plaintiff has executed a release is not sufficient to show that Westcliff has a reasonable possibility of obtaining judgment on plai...

Excerpt: ... trademark is not infringed by subsequent sales.” (Daimler AG v. A-Z Wheels, LLC (2018) 334 F.Supp.3d 1087, 1100.) “The doctrine protects a purchaser who ‘does no more than stock, display, and resell a producer's product under the producer's trademark.” (Id.) Pursuant to the doctrine, “[r]esale by the first purchaser of the original article under the producer's trademark is neither trademark infringement nor unfair competition.” (Seba...

Excerpt: ... (2014) 224 Cal.App.4 th 754. For discovery purposes, information is relevant if it might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement. City of Los Angeles v. Superior Court (2017) 9 Cal.App.5 th 272. Any doubts regarding relevance are generally resolved in favor of allowing the discovery. Williams v. Superior Court, supra. Relevancy to the subject matter of the litigation is a broader concept ...

Excerpt: ...easonably respond. (See Khoury v. Maly's of California Inc. (1993) 14 Cal.App.4th 612, 616.) The general demurrer is sustained on the basis that the 2 ndAC fails to adequately allege a direct cause of action for fraud against Mariners, and the allegations as to conspiracy are not alleged with the level of specificity required to allege a cause of action sounding in deceit. (See Applied Equipment Corp. v. Litton Saudi Arabia, Ltd. (1994) 7 Cal.4 t...