Excerpt: ... SAC ¶¶ 10-28, 31-43.) To the extent defendant contends the claim is barred by workers' compensation exclusivity, the exclusive remedy provisions of the California Workers' Compensation Act do not preempt FEHA claims even as to work-related disabilities. (See City of Moorpark v. Superior Court (1998) 18 Cal.4th 1143, 1156; Shirvanyan v. Los Angeles Community College District (2020) 59 Cal.App.5th 82, 106.) To the extent defendant attempts to ar...

Excerpt: ...s and assertions, the prior orders stated that the submittal of the HARM report constituted protected activity under a whistleblower claim. However, those orders noted what has again failed to be addressed by Plaintiff Reynolds: a causal link between the protected activity and an adverse employment action. Reynolds efforts to align his resignation with Plaintiff Robinson's termination (SAC para. 67) to create Reynolds' adverse employment action f...

Excerpt: ...igation by other judicial officers. For example, Husley again argues in her current motion that she was never served with the Summons or Cross-Complaint. Instead of addressing the court's prior rulings on this issue – that Hulsey waived any objections to service of the cross-complaint, Hulsey once again argues that she was never served with the aforementioned documents. This court (Judges Stephanie George and Melissa McCormick) previously addre...

Excerpt: ...��) are SUSTAINED, WITH LEAVE TO AMEND, on the ground of failure to state a COA. [CCP §430.10] Exhaustion of administrative remedies is not alleged by plaintiff in the 1 st and 3 rd COA. The demurrer to the 4 th COA is SUSTAINED, WITH LEAVE TO AMEND, on the ground of failure to state a COA. [CCP 430.10(e)] The Complaint does not allege which statute, regulation, rule, or ordinance has been violated, as required by Labor Code §1102.5(b). The dem...

Excerpt: ...ourt's limited resources. As a result of the pending motions discussed above, the court sets for hearing on July 3, 2023 at 2:00 p.m. in C28 an OSC why the court should not appoint a discovery referee to hear the pending discovery motions and determine all future discovery disputes in this case. (See Code Civ. Proc., § 639 et seq.; see also Taggares v. Superior Court (1998) 62 Cal.App.4th 94, 101-105 [factors].) The parties are ordered to meet a...

Excerpt: ...rden of proving that a nonresident defendant has sufficient contacts with the forum state to support personal jurisdiction. (Aquila, Inc. v. Superior Court (2007) 148 Cal.App.4th 556, 570.) The plaintiff must demonstrate by a preponderance of the evidence that all jurisdictional criteria are met. (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1232.) If the plaintiff establishes that the defendant has minimum contacts w...

Excerpt: ...pecializes in spinal injuries, on 6/20/23 at 8:30 a.m. at 360 San Miguel, Suite 701, Newport Beach, California 92660. This examination will focus on plaintiff's alleged spinal injuries and symptoms. Claims of continuing, ongoing or permanent problems, if any, will be within the scope of the examination, including claims for future care and/or surgery. The examination will be consistent with the orthopedic practices in Southern California and cons...

Excerpt: ...to the discovery of information relevant to the subject of this lawsuit nor to the discovery of admissible evidence." (See Separate Statement or 18 of Toepel Declaration and Exhibit 2 thereto; See also of Amended Toepel Declaration.) A review of the requests for admissions, however, indicates that each refers to the funds in dispute, the collection efforts through which they were obtained, the underlying action in which this dispute arose, Plaint...

Excerpt: ... rule does not apply "where the contract was fraudulently induced," or where "the duty that gives rise to tort liability is either completely independent of the contract or arises from conduct which is both intentional and intended to harm"]; see also Sheen v. Wells Fargo Bank, N.A. (2022) 12 Cal.5th 905, 923-924 [same]; Dhital v. Nissan North America, Inc. (2022) 84 Cal .App.5th 828, 838-843, cert. granted, Dhital v. Nissan North America (Cal. 2...

Excerpt: ...n agree to arbitrate "gateway" questions of "arbitrability," such as whether the parties have agreed to arbitrate or whether their agreement covers a particular controversy.' [Citation.] Similarly, ' "Cp]arties to an arbitration agreement may agree to delegate to the arbitrator, instead of a court, questions regarding the enforceability of the agreement." The answer to 'the question "who has the primary power to decide arbitrability" turns upon w...

Excerpt: ...e evidence objected to was not material to the Court's decision. CCCP S437c(q)) Desacola Declaration Objections 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 31 are OVERRULED. Defendant M. K. Products, Inc.'s Objections are ruled on as follows: Objections 5, 6, 7, 10, 12, 14, 15, 16 and 17 are OVERRULED. Objections 8, g and 11 are SUSTAINED. The Court declines to rule on Objections 1, 2, 3, 4, 18 and 19 because the evidence objected to was not ...

Excerpt: ...s reflected in ROA Nos. 11, 12, 45, 46, 51 and 52. The Court notes, however, that it is not addressing the sufficiency of service completed on April 18, 2023. (ROA Nos. 169 and 170.) Pursuant to C.C.P. a Defendant may, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, serve and file a notice of motion to quash service of summons, on the ground of lack of jurisdiction. (C.C.P....

Excerpt: ...P") section 403 describes the pertinent legal standard for addressing Defendant's motion to transfer, and CCP section 1048 describes the legal standard for Defendant's motion to consolidate. In short, upon a motion a judge may order a transfer of "an action involving a common question of fact or law" when the matter is not complex. CCP 1048 provides that actions may be consolidated when they involve "a common question of law or fact" and may be h...

Excerpt: ...nderlying the plaintiff's cause of action fits one of the categories spelled out in the anti-SLAPP statute. (Ibid; Bonni v. St. Joseph Health System (2021) 11 Cal.5th gg5, 1008-1009 Cthe moving party's "burden is to identify what acts each challenged claim rests on and to show how those acts are protected under a statutorily defined category of protected activity. [Citation.]".) "[T]he anti-SLAPP statute often will not apply to cross-complaints: ...

Excerpt: ...rt (1985) 169 Cal.App.3d 703, 710 [plaintiff's burden]; Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 446-448 [elements of specific jurisdiction); Goehring v. Superior Court (1998) 62 Cal.App.4th 894, 907 ["contract with an out-of-state party does not automatically establish purposeful availment in the other party's home forum Cr]ather, a court must evaluate the contract terms and the surrounding circumstances to determine wh...

Excerpt: ...317(f), "[e)xpenses incurred in defending any proceeding may be advanced by the corporation prior to the final disposition of the proceeding upon receipt of an undertaking by or on behalf of the agent to repay that amount if it shall be determined ultimately that the agent is not entitled to be indemnified as authorized in this section." (Corporations Code 5317(f) [emphasis added.]) The language in Corporations Code 5317(f) is discretionary and p...

Excerpt: ... breach, and (4) the resulting damages to the plaintiff. (Oasis west Realty, LLC v. Goldman (2011) 51 cal.4th 811, 821). Plaintiff's cause of action against TEC fails for two reasons. First, Plaintiff admits that TEC was not a party to the agreement. (TAC, Tl 30). Second, Plaintiff fails to allege breach by TEC. Plaintiff contends that the pleading is adequate because she alleged a conspiracy. Plaintiff's bare and conclusory allegation that "Defe...

Excerpt: ...her by insulting and degrading her; ignoring her numerous requests for benefits and rights due to her under the CC&Rs for the maintenance of the Common Area that directly affects her unit; subjecting her to harassing and threatening letters while she was in the ICU for a serious infection potentially tied to the bacteria and mold in her unit caused by the sewer water intrusion; and engaging in such conduct to cause her to withdraw all of her clai...

Excerpt: ...es 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 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 attorney's fees in addition to other costs." J; SAC, Ex. 3, pg. 1 [contractual provision for attorneys' fees and costs]). If a contractual atto...

Excerpt: ...Labor Code. S 1102.6 [O]nce it has been demonstrated by a preponderance of the evidence that an activity proscribed by Section 1102.5 was a contributing factor in the alleged prohibited action against the employee, the employer shall have the burden of proof to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the employee had not engaged in activities protected by...

Excerpt: ... and fair dealing are DISMISSED without prejudice pursuant to plaintiff's voluntary dismissal of these claims. (See Opp. at pp. 15:25-28, 16:21-23, 19:4-7.) The court has addressed the noticed issues below in the same order in which they appear in the moving memorandum of points and authorities, which begins with the second cause of action for retaliation. Issue No. 2. Defendants have met their initial burden to demonstrate plaintiff's "second ca...

Excerpt: .... S 1026.41 does not apply to this Home Equity Line of Credit (HELOC). (See 12 C.F.R. 1026.41, subd. (a)(l) ["This section applies to a closed-end consumer credit transaction secured by a dwelling, unless an exemption in paragraph (e) of this section applies. A closed-end consumer credit transaction secured by a dwelling is referred to as a mortgage loan for purposes of this section. "J; 12 C.F.R. [definition of close-end credit]; 12 C.F.R. S 102...

Excerpt: ...lden Decl. 3, Ex. A.) The motion is also DENIED AS MOOT to the extent it seeks further responses from mMax Communications, Inc. (MCI) and mMax Communications Pte. Ltd. (MCSG) to HPI's first set of special interrogatories, Nos. 4-6, as these defendants have now served amended responses to these interrogatories as of 3/15/23. (See Golden Decl. 4-5, Exs. B-C.) The motion is GRANTED as to the remaining special interrogatories at issue. MCSG is ORDERE...

Excerpt: ...auses of action under the federal Magnuson-Moss Warranty Act. (Code Civ. Proc., S 437c, subd. (c) [authorizing summary judgment where "all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law"]; see also Amerigas Propane, LP v. Landstar Ranger, Inc. (2010) 184 Cal.App.4&' 981, 1001 [where a party seeking summary judgment has not addressed all of the...

Excerpt: ...conditions warrant as required by Health and Safety Code, S 101080 and Government Code, S 8630, subd. (d), is DENIED as moot. (Code Civ. Proc., S 1085 [traditional mandamus]. ) Respondents' requests for judicial notice (ROA 220, 246, 318, 365) are GRANTED. (Evid. Code, 452, subds. (c), (d); Cortez v. Purolator Air Filtration Prod. Co. (2000) 23 Cal.4th 163, 168, fn. 2 [judicial notice of legislative rejection].) Petitioners filed a request for ju...