Excerpt: ...errogatories seek the date and address of other purchases or sales of residential real property Defendant has engaged in, either on their own behalf or on behalf of Yu Liu, from 2010 to present. Movants contends this information is relevant to show that Defendant was sophisticated in real estate transactions and that Defendant engaged in fraud and breached the subject purchase contract in this case. In opposition, Defendant contends Plaintiffs th...

Excerpt: ...t p. 5:16- 18.) However, Plaintiff has not shown that she filed the instant motion in sufficient time in advance of the time limit for the completion of discovery (the 15th day before the initial trial date) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. (See Code Civ. Proc., §§ 2034.610(b); 2024.030.) Trial in this case has been continued several times. Trial was initially set for 4/10/23...

Excerpt: ...at there i s no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid. Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in ac...

Excerpt: ...ht $2,451.64 arising from Defendants' failure to pay the HOA assessments plus related fees and costs of suit. On 11/18/20, the parties entered into a stipulated judgment against Defendants in the amount of $5,791.74 with fees/costs to be determined. The Court awar ded $13,500 in attorney fees on 2/11/21. On 4/22/21, the Court granted a motion to set aside the judgment. The Court denied Defendants' motion to disqualify counsel on 6/10/21. The Cour...

Excerpt: ...y to challenge defects that appear on the face of the pleadings under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) No extrinsic evidence can be considered. (Ion Equipment Corp. v. N elson (1980) 110 Cal.App.3d 868, 881.) Therefore, the Court did not consider facts regarding the PPM or the Evertrust Loan Agreement that appear outside the allegations of the FAC in ruling o...

Excerpt: ...overy pro cedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Errors and confusion created by “the inept pleader” are to be forgiven if the pleading contains sufficient facts entitling plaintiff to relief. (Saunders v. Cariss (1990) 224 Cal. App. 3d 905, 908.) A party attacking a pleading on “uncertainty” grounds must specify how and why the pleading is uncertain, and where that uncertainty can be found in t...

Excerpt: ....” (Ladd v. Cou nty of San Mateo (1996) 12 Cal.4th 913, 917.) Plaintiff has sufficiently pled facts to constitute a cause of action for negligence. “[T]he Legislature did not require of regional centers anything like the hour -by -hour monitoring that would have been requir ed to prevent Bobby's tragic death. A regional center is required to establish a “schedule of regular periodic review and reevaluation to ascertain that planned serv...

Excerpt: ... the subject incident g iving rise to this complaint.” (FAC, EX-2 of Exemplary Damages Attachment.) Defendant was so impaired that he had “red/watery eyes, dilated pupils, slow lethargic speech, and difficulty concentrating” when being interviewed by the investigating Officer and failed the sobriety test. (Id.) “Defendant Topps knew from the onset that he must and would subsequently operate or control his vehicle on the public roads and t...

Excerpt: ...oanCare's Evidence should be OVERRULED. DMI moves on the grounds that during the Phase 1 of trial “LoanCare testified that it has no accounting records and for that reason, Judge Schwarm did not order LoanCare to account.” (Notice, 2:5 -7.) Specifically, during the Phase 1 of trial, DMI sought to compel an accounting against LoanCare based on its second cause of action for Accounting alleged in it Cross -Complaint filed on 2 -25 -21. (Penn...

Excerpt: ...nterroga tories 42-45, 58 -61, 74 -77, and 89, which generally seek (1) the contact information of three students who allegedly assaulted Plaintiff and (2) the names and contact information of “Students E -M,” who were thirdparty witnesses to the alleged incident(s). The Court grants the motion as to the first category of information but denies the motion without prejudice as to the second category. Code of Civil Procedure section 2017.010 s...

Excerpt: ...t all times men tioned, each of DEFENDANTS, except as otherwise alleged or contended, are and have been the partners, joint venturers, alter egos, and/or co -conspirators of each other.” (Compl. ¶ 12.) Further, Plaintiff alleged that “DEFENDANTS were “employers” within the meaning of Government Code section 12926(d) . . . .” (Compl. ¶ 8.) Although not initially raised in the MSA, Defendants now claim that Cedar Mountain and not Madiso...

Excerpt: ... Protectiv e Order as to Requests for Production are DENIED. Interrogatories and Requests for Admission Plaintiffs have not established their burden of justifying their additional discovery. A propounding party may justify propounding additional special interrogatori es or requests for admissions based on the complexity or quantity of issues within the case. (CCP §§ 2030.040(a)(1) and 2033.040(a).) Here, Plaintiffs only offered justifications ...

Excerpt: ...First Set of Form Interrogatories, is GRANTED. Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: (a) The party to whom the interrogatories are dire cted waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the p...

Excerpt: ...stems, f/k/a T riumph Structures – Los Angeles, Inc., a California corporation and Triumph Group, Inc. “The party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid. Code, § 500.) There is ...

Excerpt: ...e of C ivil Procedure section 2025.290 provides that depositions in civil cases are generally limited to seven hours of testimony. However, a party is only entitled to ask questions at deposition which are “reasonably calculated to lead to the discovery of admiss ible evidence.” (Code Civ. Proc. § 2017.010.) At this time, Defendant has not shown it is necessary for the Court to enter an order preemptively limiting Defendant's deposition. How...

Excerpt: ...ve of court. Sections 2032.310 and 2032.3 20 provide for additional physical examination with leave of court if good cause is shown. (See Shapira v. Superior Court (1990) 224 Cal.App.3d 1249 -1256.) Defendant has demonstrated there is good cause to allow additional examinations. Plaintiff listed 72 injuries in response to Form Interrogatory 6.2 and stated he consulted with 15 different providers in response to Form Interrogatory 6.4, including a ...

Excerpt: ...s required to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the infe rior tribunal, corporation, board or officer…” (Code Civ. Proc., §1094.5, subd. (a).) “The inquiry in such a case shall extend to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; an d whether there was any prejudicial abuse of discretion.” (C...

Excerpt: ...urt to recover as part of the judgment a sum equal to the aggreg ate amount of costs and expenses . . . determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code § 1794(d).) “If the items appearing in a cost bill appear to be pro per charges, the burden is on the party seeking to tax costs to show that were not reasonable or necessary. On the other ha...

Excerpt: ...amily Trust failed to pay sanctions as ordered by this Court on 10- 19-23. Thus, Defendants violated the 10- 19-23 and 11 -16- 23 orders. Therefore, Defendants' conduct is sanctionable. Nonmonetary Sanctions Defendants' conduct does not warrant terminating sanctions. Terminating sanctions are appropriate wh en the “violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce complianc...

Excerpt: ... which was opposed by defendant Philippe G. Delbar, as noticed on Febr uary 22, 2024. At that time, it held that plaintiff is entitled to recover its reasonable attorneys' fees under Civ. Code § 5975 but that fees and costs would only be awarded up to the time of the initial entry of default judgment on the complaint on Marc h 1, 2002 and on the instant fees motion. The Court therefore continued the hearing on the motion to March 14, 2024, and o...

Excerpt: ...f Documents No. 7. Generally, Plaintiff moves to compel Defendant District to provide the following information and documents: (1) contact information of three students who allegedly assaulted Plaintiff; (3) names and contact information of “Students E -M,” who were third party witnesses to the alleged incident(s); and (3 ) Documents reflecting witness statements of third parties regarding the incident(s). Defendant objects and refuses to pr...

Excerpt: ... persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid. Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the...

Excerpt: ...h 230, 251 -252, citing Bus. & Prof. Code, §17200.) “B ecause…section 17200 is written in the disjunctive, it establishes three varieties of unfair competition – acts or practices which are unlawful, or unfair, or fraudulent.” (Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 252.) Relevant herei n, “[b]y proscribing ‘any unlawful' business practice, ‘section 17200 ‘borrows' violations of other laws and treats them a...

Excerpt: ...complaint controverted by the defendant. (2) A statement of any new matter constituting a defense.” (Code of Civil Procedure Section 431.30(b).) The answer must aver facts “as carefully and with as much detail as the facts which constitute the cause of action and which are alleged in the complaint.” (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App. 3d 367, 384.) An exception to this rule is the statute of limitations under Code of Civ...

Excerpt: ... the doctrine of issue preclusion, and failure to state suff icient facts. Statute of Limitations A demurrer on limitations grounds will not lie where the action may be, but is not necessarily barred: it must appear clearly and affirmatively that, upon the face of the complaint, the right of action is necessarily b arred. (Lee v. Hanley (2015) 61 Cal.4th 1225, 1232). Under California law, the statute of limitations for a fraud claim is three year...

Excerpt: ...discovery and disobeying a court order are misuses of the discovery process. (C CP § 2023.010(d) and (g).) Here, Plaintiff failed to provide further responses, produce the component parts, and pay the sanctions within 30 days as ordered by this Court. Plaintiff argues that it has since complied with the 11 -9 -23 order, however, the dec laration does not contest that Plaintiff failed to comply within the 30 days required by the order. Thus, Plai...

Excerpt: ...der Code of Civil Procedure section 1032. However, Defendants also seek to recover expert witness fees under Code of Civil Procedure section 998. Plaintiff contends Defendants' Code of Civil Procedure section 998 offers were unreasonable. Defendants served a 998 offer of $5,000 on 9/28/20 and a s econd 998 offer of $25,000 on 12/6/21. The second offer was served after Defendants' expert Dr. Kiester conducted an examination of Plaintiff and prepar...

Excerpt: ...or [¶] (2) They have a claim, right, or interest adverse to the defendant in the property or controversy which is the subject of the action.” (Code Civ. Proc., § 378, subd. (a), emphasis added.) “It is not necessary that each plaintiff be interested as to every cause of action or as to all re lief prayed for. Judgment may be given for one or more of the plaintiffs according to their respective right to relief.” (Id., § 378, subd. (b).) S...

Excerpt: ...ss unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the association, or by both. (b) A governing document other than the declaration may be enforced b y the association against an owner of a separate interest or by an owner of a separate interest against the association. ...

Excerpt: ...m Pleading Defendants argue that Plaintiff should n ot be allowed to amend his pleadings because the facts alleged regarding the amount due is incorrect and any subsequent complaint will be a sham. Under the sham pleading doctrine, the trial court may disregard amendments that omit harmful allegations in the original complaint or add allegations inconsistent with it. (State of California ex rel. Metz v. CCC Information Services, Inc. (2007) 149 C...

Excerpt: ...e not ruled upon are preserved for appeal. (Code Civ. Proc. § 437c(q).) As a threshold issue, Vizio argues this motion is moot and/or barred by judicial estoppel because the court previously found a triable issue of material fact exists as to whether Plaintiff is a third party beneficiary under the GPL license. (ROA 161.) The Court found that “the language of the GPLs is not so certain so as to preclude other interpretations.” (Ibid.) “Ju...

Excerpt: ...2, 1131 (Ketchum).) The “prevailing defendant on a motion to stri ke be allowed to recover attorney fees and costs only on the motion to strike, not the entire suit.” (LaFayette Morehouse, Inc. v. The Chronicle Publishing Co. (1995) 39 Cal.App.4th 1379, 1383; S.B. Beach Properties v. Berti (2006) 39 Cal.4th 374, 381.) The award of fees may include “the fees incurred in enforcing the right to mandatory fees under Code of Civil Procedure sect...

Excerpt: ...dant may be designated in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly.” “‘The purpose of ... section 474 is to enable a plaintiff who is ignorant of the identity of the defendant to file his [or her] complaint before his [or he r] claim is barred by the statute of limitations.'” (Streicher v. Tommy's Electric Co. (1985) 164 Cal.App.3d 876, 882 (S...

Excerpt: ...hich applies to Plaintiff's claims against both Defendants. The RISC provides in pertinent part: “ARBITRATION PROVISION PLEASE REVIEW – IMPORTANT - AFFECTS YOUR LEGAL RIGHTS 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. 2. IF A DISPUTE IS ARBITRATE D, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGA...

Excerpt: ... In the first cause of action for breach of contract, pl aintiff alleges that, in May 2018, she was “offered employment as the clinical director of Crest Recovery dba Truvida Recovery for a salary and a 3% profit -sharing interest, among other benefits.” (TAC, ¶ 67.) Plaintiff alleges that she “signed an offer le tter agreement which was dated April 23, 2018 and a Bonus Compensation Addendum to her employment agreement of May 5, 2018, w...

Excerpt: ... memorandum as waiver of all grounds not supported. CRC 3.1113(a). Based upon these grounds, the Court sustains the unopposed demurrer. Although the demurrer is unopposed, the Court Þnds that Plainti
¯ should be given an opportunity to cure the defects in the operative complaint that were raised by Defendant in the demurrer. First Cause of Action – Negligence The statute of limitations for negligence, other than personal injury or property da...

Excerpt: ...he following Þndings: [¶] (1) The party has a substantial interest in the action as a whole. [¶] (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. . . . (f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motio...

Excerpt: ...), which provides that “summary adjudication shall be granted only if it completely disposes of a cause of action, an a
¯irmative defense, a claim for damages, or an issue of duty.” (Emphasis added.)) The complaint (ROA 2) contains a single cause of action for medical negligence. It alleges that, on December 26, 2021 and thereafter, all Defendants, including the moving Defendant, undertook the care and treatment of the plainti
¯ in connecti...

Excerpt: ...action involving commerce.'” (Allied-Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 277 [quoting 9 USC § 2] [emphasis in original].) The arbitration provision contained in the Residence and Service Agreement (“RSA”) states that claims including claims for personal injury or wrongful death shall be resolved by binding arbitration “in accordance with the Federal Arbitration Act.” (Zaragova Decl., Ex. B, para. 19.) Plainti
...

Excerpt: ...1-01236442, which is a proceeding in probate court. Plainti
¯ opposes the motion and objects to the certain of the documents for which judicial notice is requested, including a declaration that he Þled in this case in connection with an ex parte application for a TRO and OSC re: preliminary injunction. In that all documents were Þled in this action or the probate action, the Court takes judicial notice of them. To the extent that the notice of...

Excerpt: ...ncing evidence that the defendant has been guilty of oppression, fraud, or malice, the plainti
¯, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” (Civ. Code §3294, subd. (a).) Civil Code section 3294, subdivision (c)(1) deÞnes “malice” as “conduct which is intended by the defendant to cause injury to the plainti
¯ or despicable conduct which is carried on by the de...

Excerpt: ... entered into after mediating a prior lawsuit between them. Defendants contend that the action arises from activity "in furtherance of" their right to petition or free speech, which makes it subject to being stricken through an antSLAPP motion under section 425.16. They also contend that they are entitled to an award of attorneys' fees under subdivision (c) of section 425.16 for bringing a successful ant-SLAPP motion. Plaintiff opposes the moton....

Excerpt: ...e Notice of this Motion in the Wrongful Death Case. On 12- 14-23, Defendants filed Notice of Motion in the wrongful Death Case, which includes a copy of the instant Motion. The Court finds that this complies with California Rules of Court, rule 3.350. Merits Consolidation is provided for by Code of Civil Procedure section 1048, which provides that when there are actions "involving a common question of law or fact are pending before the court, it ...

Excerpt: ...eserve evidence for another's use in pending or future litigation. While there is no tort cause of action for the intentional destruction of evidence after litigation has commenced, it is a misuse of the discovery process that is subject to a broad range of punishment, including monetary, issue, evidentiary, and terminating sanctions." (Willaims v. Russ (2008) 167 Cal.App.4th 1215, 1223.) CCP S 2023.030 provides as follows: Misuses of the discove...

Excerpt: ... either Government Code S 815.2 or 815.4. (Code Civ. Proc., S 430.10, subd. (e).) 2. Plaintiff failed to allege sufficient facts to state a statutory basis for a claim of breach of a mandatory duty for direct liability against the County under Government Code S 815.6. (Code Civ. Proc., S 430.10, subd. 3. Plaintiff failed to allege sufficient facts to state a claim against the County because Plaintiff did not comply with and does not allege compli...

Excerpt: ...te of Limitations A demurrer on limitations grounds will not lie where the action may be, but is not necessarily barred: it must appear clearly and affirmatively that, upon the face of the complaint, the right of action is necessarily barred. (Lee v. Hanley (2015) 61 Cal.4th 1225, 1232). under California law, the statute of limitations for a fraud claim is three years. (Code Civ. Proc., S 338(d)). Plaintiff argues delayed discovery. The delayed d...

Excerpt: ...ehicle" alleges Defendant Delgado-Garcia was operating a motor vehicle owned by Defendant Coronado with her permission and Defendants Davis and The Car Store entrusted the motor vehicle, while the 2nd cause of action for negligence alleges Plaintiff was driving a car owned by Defendant Car Store with Defendant Davis' permission and Defendant Delgado- Garcia was driving a vehicle owned by Defendant Coronado. Defendant Davis argues the complaint fa...

Excerpt: ...ult on the part of the indemnitor and (2) resulting damages to the indemnitee for which the indemnitor is ... equitably responsible." ' [Citation.]" To qualify for declaratory relief, a party must show (1) a proper subject of declaratory relief, and (2) an actual controversy involving justiciable questions relating to the rights or obligations of a party. (Lee v. Silveira (2016) 6 Cal.App.5th 527, 545.) Summit Financial Holdings, Ltd. v. Continen...

Excerpt: ...ce forum selection clauses contained in a contract freely and voluntarily negotiated at arm's length unless enforcement would be unfair or unreasonable. Although the forum selection clause here is contained in an adhesion contract, that clause in an adhesion contract is enforceable even though the defendant did not actually read as long as the clause provided adequate notice to the defendant that he was agreeing to the jurisdiction cited in the c...

Excerpt: ...eeded to gain access through that entry point at the Hamilton Gate entrance to what we call Strip 2 of the Easement" (ld. at 23:4-7); 3. "The Hickey Gate on the south part of the 25 acre will be coded" (ld. at 23:12-14.); 4. There will be an easement granted to Mr. Thier that provides for "vehicular and pedestrian, as well as equestrian rights but only as equestrian rights as [tol Strip 1, and usage for the Strip 1 for equestrian purposes is limi...