Excerpt: ...�), JOSHUA SCHUETTE (“Schu ette”), and KARA GRANT LAW (“KGL”), move the Court for an order pursuant to California Code of Civil Procedure §§ 473, et seq., to set aside and vacate the October 26, 2023 Defaults taken against Defendants Grant, Schuette, and KATHLEEN GERMANE (“Germane”) and the September 19, 2023 Default taken against KGL. Motions are GRANTED. Sanctions against Attorney Jacobson in the amount of $500 to be paid within t...

Excerpt: ...ts. A court ac quires personal jurisdiction over a nonresident defendant through either general or specific jurisdiction. The “defendant may be subject to the general jurisdiction of the forum if his or her contacts in the forum state are ‘substantial . . . continuous an d systematic.'” Vons Companies, Inc. v. Seabest Foods, Inc., 14 Cal. 4th 434, 445 (1996). To determine whether specific jurisdiction exists, courts consider the relations...

Excerpt: ... be true. Blakemore v. Superior Court, 129 Cal. App. 4th 36, 53 (2005). “If facts appearing in the exhibits contradict those alleged, the facts in the exhibits take precedence.” Holland v. Morse Diesel Intern., Inc., 86 Cal. App. 4th 1443, 1447 (2001). Defendant argues that the challenged allegations must be stricken because they are inconsistent and/or contradictory to the terms of the Agreement attached to the Complaint, which do not eviden...

Excerpt: ... Code of Civil Procedure § 410.30. Said section states: (a) When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in who le or in part on any conditions that may be just. (b) The provisions of Section 418.10 do not apply to a motion to stay or dismiss the action by a defendant who has made a gener...

Excerpt: ...es to strike Plaintiff 's prayer for punitive damages. Defendant first argues that the fourth cause of action is barred by the applicable statute of limitations and Plaintiff is not entitled to the delayed discovery rule. Code of Civil Procedure section 338(d) provides that an action for fraud must be brought within three years. “A plaintiff must bring a claim within the limitations period after accrual of the cause of action.” Fox v. Ethico...

Excerpt: ...rer is OVERRU LED as to the first and second causes of action and SUSTAINED with 15 days leave to amend as to the third through fifth causes of action. The Regents demur to all five causes of action alleged in Plaintiff's First Amended Complaint (“FAC”). I. First Cau se of Action for Violation of California Whistleblower Protection Act (Govt. Code §§ 8547, et seq.) As described in Levi v. Regents of University of California: The [Califor...

Excerpt: ... a termi nating sanction against anyone engaging in conduct that is a misuse of the discovery process by an order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process, an order staying further proceedings by that party until an order for discovery is obeyed, an order dismissing the action, or any part of that action, of that party, or an order rendering a judgment by default against tha...

Excerpt: ... to amend. “To establish a prima facie case of harassment, [Plaintiff] must show that: (1) she is a member of a protected class; (2) she was subjected to unwelcome harassment; (3) the harassment was based on her protected status; (4) the harassment unreasonably interfered with her w ork performance by creating an intimidating, hostile, or offensive work environment; and (5) defendants are liable for the harassment.” Galvan v. Dameron Hospital...

Excerpt: ...resulting from the breach, and damage to plaintiff. Ann M. v. Pacific Plaza Shopping Center, 6 Cal. 4th 666, 673 (1993) (disapproved on another ground in Reid v. Google, Inc., 50 Cal. 4th 512, 527 (2010), fn. 5). Pursuant to the Complaint, Plaintiffs own property in a c ommon interest development which is managed by the Northwood Villa Homeowners Association (the “HOA”). Compl. ¶¶ 1,4. The HOA contracted with Defendant to provide property ...

Excerpt: ...n for tortious interference with contractual and business relations against Defendants Ralph Lauren and Swim USA, and sixth cause of action for conspiracy against Defendants Ralph Lauren and Swim USA. The Court rules as follows: The Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the fourth cause of action for fraudulent concealment. Pursuant to Civil Code section 1710(3) fraud by concealment is the “suppression of a fact, by one who is bound t...

Excerpt: ... amount of $120,832.44 against Defendant, OTA Franchise Corporation (“OTAF”), as follows. Upon filing of the Complaint, or at any time thereafter, the plaintiff may apply for a Right to Attach Order (“RTAO”) and writ of attachment by filing an application for the order & writ with the court in which the action is brought. Code Civ. Proc. § 484.010. If a debtor is a corporation, all of its assets are subject to attach ment. Code Civ. Pr...

Excerpt: ... all of the following: 1. The claim upon which the attachment is based is one upon which an attachment may be issued; 2. The plaintiff has established the probable validity of the claim upon which the attachment is based; 3. The attachment is not sought for a purpose other than the recovery on the claim u pon which the attachment is based; and 4. The amount to be secured by the attachment is greater than zero. Code Civ. Proc., § 484.090(a). A cl...

Excerpt: ...e sections 2030.290, a party who fails to serve t imely responses to interrogatories waives any objection to the requested discovery. Code Civ. Proc., § 2030.290(a). The party propounding the interrogatories or requests for production may move for an order compelling responses to the discovery. Code Civ. Proc., § 2030.290(b). “Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45 – day time limit, ...

Excerpt: ...District met and conferred and timely filed a Jo int Statement pursuant to the Court's February 26, 2024 Minute Order. Per the Joint Statement, the parties agree to a mental examination of Plaintiff, and have resolved one issue, agreeing that Plaintiff may be asked questions about past mental history pe rtaining to issues she claims resulted from or were exacerbated by the subject incident. According to the Joint Statement, three conditions that...

Excerpt: ...of $86,469.53 within 15 days, as well as an order that D efendant pay Plaintiff for reasonably incurred attorneys' fees in the total amount of $7,164 relating to collecting the payment of attorney's fees, costs, and expenses. No opposition has been filed. Code of Civil Procedure section 664.6 provides, in pert inent part: If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally...

Excerpt: ...ately met and conferred before the filing of this Demurrer. Defendant argues that Pl aintiff's newly added basis for liability against it, Code of Regulations Title 5 § 5551, fails. Defendant cites to C.A. v. Williams S. Hart Union High School Dist., 53 Cal. 4th 861 (2012), wherein the California Supreme Court held that school principals a nd other supervisory employees “have the responsibility of taking reasonable measures to guard pupils ag...

Excerpt: ...mjula”) and non -party Tulsan Partners LLC (“Tulsan”), and compelling third- party witness, Ump qua Bank to comply with Strategic's deposition subpoena for production of business records, issued November 3, 2023. The Motion to Compel is DENIED except as to Request Nos. 9 and 13. Plaintiff Strategic and Cross -Defendants, Farshad Hashemi aka Sean Hashemi and Jeanette Hashemi (collectively, the “Sellers”) were the sellers of the assets an...

Excerpt: ...y Patrol. 181 Cal. App. 4th 856, 868 (2010) (c itation omitted). Defendant Kenneally contends that the Complaint does not allege that he disclosed facts to the public, but rather that he only disclosed them to Defendant Ladd. Kenneally also contends that the facts disclosed were not private facts since the information was found in records that can be obtained by members of the public pursuant to Govt. Code § 6254. In opposition, Plaintiff conten...

Excerpt: ...marily to chill the defendant's exercise of First Am endment rights.” Finton Construction, Inc. v. Bidna & Keys, APLC, 238 Cal. App. 4th 200, 208 (2015). The trial court engages in a two -step process to determine whether a special motion to strike should be granted. Code Civ. Proc., § 425.16(b)(1). First, the court decides whether the defendant has met its initial burden of establishing a prima facie showing that defendant's acts, of whic...

Excerpt: ...n the deposition notice if, after service of a deposition notic e and without having served a valid objection, the party fails to appear for examination. A motion under Code of Civil Procedure § 2025.450(a) must be accompanied by a declaration under Code of Civil Procedure § 2016.040 or, when the deponent fails to att end the deposition and produce documents, by a declaration stating that the moving party contacted the deponent to inquire about...

Excerpt: ...te covered by the agreement. Code Civ. Proc. § 1281.2. “The trial court m ay resolve motions to compel arbitration in summary proceedings, in which ‘[t]he petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. In these summary proceedings, the ...

Excerpt: ..., 49 (2018). “It then falls to plaintiff to counter with evidence creati ng a dispute about a fact relevant to that defense.” Id. “That is, the plaintiff must submit evidence that would allow a ‘reasonable trier of fact [to] find in plaintiff[‘s] favor on the statute of limitations issue.” Id. This is a wrongful death and surv ival action. Plaintiffs allege that the Decedent died from injuries sustained in an electrical fire that oc...

Excerpt: ...f the causes of action for breach of contract. The breach of contract claims involve an Equipment Finance Agreement (“EFA”) entered into by ST and Partners Capital Group (“PCG”). The original term was for 60 months with 60 payments of $4,990.46. The EFA notes that an advance payment of $4,990.46 was received and applied to the first monthly payment due with an y remainder to be applied to the last payment(s) due. The “Commencement Date...

Excerpt: ...ecessary to prevent prejudicing the party's int erest in the litigation.” Code Civ. Proc., § 36(a) (emphasis added); Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 12:246:1 (“Trial priority is not mandatory and absolute merely because one of the parties is age 70. The court has discretion to determine the extent of that party's interest and find as a matter of fact the risk posed of that party...

Excerpt: ...as to its legal and factual merit; and is subject to sanctions for violation of this certiÞcation. Code Civ. Proc. § 128.7; see also Murphy v. Yale Materials Handling Corp., 54 Cal. App. 4th 619, 623 (1997). The purpose of the statute is “to check abuses in the Þling of pleadings, petitions, written notices of motions or similar papers.” Musaelian v. Adams, 45 Cal. 4th 512, 514 (2009). The person presenting the paper to the Court impliedly...

Excerpt: ...thal Fair Debt Collection Practices Act does not apply to the commercial transaction underlying this action. Balboa also moves for an order striking Riojas' request for punitive damages. Balboa seeks judicial notice of the Equipment Finance Agreement and Personal Guaranty attached to the Complaint as Exhibits 1 and 2, respectively. Balboa's request is predicated on the fact that these documents are attached to the Complaint and constitute Court r...

Excerpt: ...m (“Anna”) joins in the Opposition. This action involves two consolidated cases. The action arises out of a dispute over the family business, May Enterprises, LLC. The lead case, Kim v. Kim (Case No. 2021- 01183125), was initiated by Mira against her sisters (Defendants Gina Kim and Anna Kim), her parents (Defendants Kyong Su Kim aka Kyung Soo Kim and Myong Kil Kim) and May Enterprises, LLC. Mira alleges claims for, amongst other things, brea...

Excerpt: ...�'s Demand or Inspection and Destructive Testing. The Motion is GRANTED. However, the order is limited to those tests speciÞcally set orth in the Notice, which speciÞcally include: 1. Removing the bottom course o roo tile 3' in each direction rom the rain gutter spike and errule. 2. Removing the eave strip ßashing. 3. Removing the entire rain gutter. 4. Removing an area o stucco, likely 3' wide, rom eave to top o window. 5. Installing...

Excerpt: ...rth below, the Court Þnds that the transfer and coordination will promote the ends of justice pursuant to Code of Civil Procedure § 404.1. The Court understands that counsel for Ganahl Lumber Company (“Ganahl”) expressed concern that the Merced Action cannot be transferred to this Court because it includes a cause of action for foreclosure of mechanics lien, and the property that is the subject of that claim is located in Merced County. Thi...

Excerpt: ...ehr, asserts that Defendant Thetford's bankruptcy case was discharged on August 28, 2023. The Court notes that there is no proof of service showing that the declaration was properly served. Counsel for Plainti
¯s is admonished to properly serve all future documents Þled with the Court and to Þle proofs of service as required. Despite the failure to properly serve the declaration, the Court takes judicial notice of the fact that Defendant Thetf...

Excerpt: ...ved a valid objection under Code o Civil Procedure section 2025.410, ails to appear or deposition, the party giving notice may move or an order compelling the deponent's attendance and testimony at deposition. The motion must be accompanied by a declaration under Code o Civil Procedure section 2016.040 stating that the moving party contacted the deponent to inquire about the nonappearance. Code Civ. Proc. § 2025.450(b)(2). Section 2025.450(...

Excerpt: ...ght of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plainti
¯ has established that there is a probability that the plainti
¯ will prevail on the claim. . . . (2) In making its determination, the court shall consider the pleadings, and supporting and opposing a
¯idavits stating the...

Excerpt: ...e statutes, case, and textbooks cited in support of the position advanced.” Failure to include points and authorities supporting each ground for the motion may be treated as an admission that the motion is not meritorious, and as ground to deny it. California Rules of Court, rule 3.1113(a). The motion does not cite to authority to support amending the complaint and does not discuss leave to Þle a Second Amended Complaint. To the extent that Pl...

Excerpt: ...ement to enter into the contract, second cause o action or negligent misrepresentation, third cause o action or breach o written contract, ourth cause o action or breach o covenant o good aith and air dealing, tenth cause o action or recission and restitution ail, eleventh cause o action or intentional inßiction o emotional distress, and thirteenth cause o action or accounting. The Court rules as ollows: • The Demurrer to ...

Excerpt: ...The 11 U.S.C. S 362 automatic stay only stays lawsuits against the debtor and the debtor's bankruptcy estate. The Secton 362 stay does not apply where, as here, the debtor is the plaintiff in a lawsuit. 11 U.S.C. S 362(a) (1)—(8).") (emphasis added). As to the merits, Defendant Five Boys Investments, Inc.'s ("Five Boys") Motion to Compel Arbitration is GRANTED. Plaintiff Wael Abdo is ordered to arbitrate her claims against Five Boys, with the e...

Excerpt: ...em because they were not parties to the written agreement and no basis has been pled by which to impute liability upon them. They contend that the attempt at pleading an alter ego theory of liability fails because the FAC only pleads conclusions with no facts. Detailed pleading is not required to allege an alter ego theory of liability. Indeed, "[i]t is not even essential, apparently, that the alter ego doctrine always be specifically pleaded in ...

Excerpt: ...on. A party may move for an order compelling further responses to interrogatories if the party deems an answer to be evasive or incomplete, an exercise of the option to produce documents under section 2030.230 is unwarranted or the required specification of the documents is inadequate, or an objection is without merit or too general. Code Civ. Proc. S 2030.300(a). Motions to compel further responses to interrogatories must be accompanied by a dec...

Excerpt: ...required for the court to obtain jurisdiction over defendants. Code Civ. Proc. S 410.50(a); Ziller Electronics Lab GmbH v. Superior Court, 206 Cal. App. 3d 1222, 1229 (1988); Dill v. Berquist const. co., Inc., 24 cal. App. 4th 1426, 1439 (1994). Notice does not substitute for proper service. Ruttenberg v. Ruttenberg, 53 Cal. App. 4th 801, 808 (1997). "Until statutory requirements are satisfied, the court lacks jurisdiction over a defendant." pp. ...

Excerpt: ...mmons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of moton shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default jud...

Excerpt: ...aintiff's allegations lack the requisite specificity regarding Defendant's willful intent. "In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant." Civ. Code, S 3294(a). "'Malice' ...

Excerpt: ...tion must state in writing the 'grounds upon which it will be made.'" Gonzalez v. Superior Court, 189 Cal. App. 3d 1542, 1545 (1987). "Only the grounds specified in the notice of motion may be considered by the trial court. This rule has been held to be especially true in the case of motions for summary adjudication of issues." ld. Based on the above, the existence of any triable issue, as to any claim justifies a denial of this motion. Similarly...

Excerpt: ...efendant contends the entire Crosscomplaint is uncertain because the causes of action are devoid of the necessary "ultimate facts" as it pertains to their claims against and that it is impossible to know what conduct on Cross-Defendant's part the Crosscomplainant is alleging caused the alleged injuries. A demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the pleading but is directed at the uncertaint...

Excerpt: ...efendant was ordered to Answer the Complaint within 15 calendar days of service of the Amended Complaint. With regard to the motion to strike, Plaintiff was ordered to file an amended Complaint not inconsistent with the above ruling. ld. However, instead of filing an Answer to the FAC, Defendant filed another demurrer on the same grounds to the same causes of achon that were previously overruled. Defendant previously demurred on the grounds of un...

Excerpt: ...ntiff's 2nd and 3rd causes of action for retaliation and failure to prevent discrimination/ harassment/ retaliation are based, in part, on Defendant DANNY's conduct and Defendants MANPOWER and B. BRAUN's alleged retaliation, failure to prevent retaliation, and termination of Plaintiff for reporting and complaining about DANNY's behavior towards Plaintiff. See Compl. 43-45 [for reporting Defendants' discriminatory and harassing conduct towards her...

Excerpt: ...f record, jointly and severally. Plaintiff also moves for an order compelling the deposition of Defense Medical Examination Physician, Philip K. Stenquist, M.D„ and awarding a monetary sanction in the amount of $2,500 against Defendants, Wurth Louis and Company and Cesar Salas and their attorneys of record, jointly and severally. The Motions are DENIED in their entirety. Defendants' objection based on Code of Civil Procedure section 2034.410 ap...

Excerpt: ...o the Complaint as Exhibit A. It is between Plaintiff, as the buyer, and Life Cycle, as the seller. Paragraph 31.A of that agreement provides, in relevant part: The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transacton before resorting to arbitration or court action through the C.A.R. Consumer Mediation Center (www.consumermediaton.org) or through any other mediation provider or serv...

Excerpt: ...White Oaks, LLC ("White Oaks Landlord") move this Court for Summary Judgment or, in the alternative, Summary Adjudication. For the reasons stated herein, the motion is GRANTED. l. Burdens on Summary Judgment/Adjudicaton As a plaintiff moving for summary judgment/adjudicaton, plaintiff Simon has the burden of producing admissible evidence on each element of the cause of action entitling it to judgment (CCP It is not plaintiff's burden to disprove ...

Excerpt: ...rocedure S 2023.010(g) defines the misuse of discovery process to include "[dlisobeying a court order to provide discovery." Code of Civil Procedure S 2023.030(d) grants the Court authority to impose terminating sanctions for misuse of discovery process by striking out pleadings. The Court may impose a monetary, issue, evidence, or terminating sancton against any party engaging in misuse of the discovery process. Code Civ. Proc. S 2023.030. On Au...

Excerpt: ...re Michael Stamos (Dean of the School of medicine at UCI) and Regents of the university of California. Petitioner seeks relief pursuant to Code of Civil Procedure SS 1085 (ordinary mandate) and 1094.5 (administrative mandate). As explained in Bunnett v. Regents of Univ. of California: The proper method of obtaining judicial review of most public agency' decisions is by instituting a proceed-ng for a writ of mandate. Statutes provide fortwo types ...

Excerpt: ...action based on forum non conveniens. Defendants A2E Advisors ("A2E"); Blattner Technologies SPV 1, LLC ("SPV"); and Unicorn & Lion, LLC ("Unicorn") have also jointly filed their own Motion to Dismiss on the same grounds. In most circumstances, California law considers mandatory forum selection clauses presumptively valid and enforceable: "'California favors contractual forum selection clauses as long as they are entered into freely and voluntari...