Excerpt: ...Cristina Parrales Pasindo's motion to compel Defendant Fiesta U nited Inc. to serve further responses to Plaintiff's request for production of documents, set one, is GRANTED in part and DENIED in part. Plaintiff's request of sanctions against Defendant is GRANTED in the amount of $1,110. Plaintiff moves pursuant to Code of Civil Procedure section 2031.310 for orders compelling Defendants Anaheim Cinco De Mayo Fiesta, Inc. and Fiesta United Inc. t...

Excerpt: ...ndants' subpoena a nd imposing monetary sanctions against Plaintiff and her counsel, Samuel Yu of Kahana & Feld LLP, and Mr. Kim, jointly and severally, in the amount of $4,080.00. Plaintiff seeks an order imposing monetary sanctions against Defendants and their counsel, Mark O'Brien of The Ruttenberg Law Firm, P.C., jointly and severally, in the amount of $5,932.50. Both parties request sanctions pursuant to Code of Civil Procedure, Sections 198...

Excerpt: ...y if it determines that an a greement to arbitrate the controversy exists,” except under certain situations outlined by statute. (Code Civ. Proc. § 1281.2.) “There is a public policy in favor of arbitration under federal and state law.” (McManus v. CIBC World Markets Corp. (2003) 109 Cal.App.4th 76, 85.) “General principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Pinnacle Museum To...

Excerpt: ...e fees incurred with res pect to the underlying claim, but also the fees incurred in enforcing the right to mandatory fees under Code of Civil Procedure section 425.16. … [A]bsent circumstances rendering the award unjust, fees recoverable ... ordinarily include compensation for all hours reasonably spent, including those necessary to establish and defend the fee claim.” (Ketchum, supra, 24 Cal.4th at 1141.) Further, the anti -SLAPP statute al...

Excerpt: ...for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.” (Code Civ. Proc., § 2025.450(a)....

Excerpt: ...e request. (J ohnson v. Alameda County Med. Ctr. (2012) 205 Cal.App.4th 521, 532 (Johnson).) Continuance of the hearing is not mandatory, however, in the absence of a declaration or when the declaration fails to make the necessary showing. (Ibid.) “The statute cannot be employed as a device to get an automatic continuance by every unprepared party who simply files a declaration stating that unspecified essential facts may exist.” (Id.) To be ...

Excerpt: ...opposing party to serve and file a written opposit ion may be construed by the court as an admission that the motion is meritorious, and the court may grant the motion without a hearing on the merits.” Defendant objects to untimely service and filing of the opposition to the Motion. Defendant filed a reply on the merits. Therefore, the court exercises its discretion and will rule on the merits on the Motion. Merits: “The court may in its disc...

Excerpt: ... fees incurred with resp ect to the underlying claim, but also the fees incurred in enforcing the right to mandatory fees under Code of Civil Procedure section 425.16. … [A]bsent circumstances rendering the award unjust, fees recoverable ... ordinarily include compensation for all hours reasonably spent, including those necessary to establish and defend the fee claim.” (Ketchum, supra, 24 Cal.4th at 1141.) Further, the anti -SLAPP statute als...

Excerpt: ...at the allegations of the amended complaint are very similar to the allegations of the initial complaint. Therefore, for the sake of efficiency the Court will address the merits of Defendant's demurrer to the initial complaint. Plaintiff alleges causes of action for breach of contract and medical malpractice. The elements of breach of contract are “(1) the existence of the contract, (2) Plaintiff's performance or excuse for nonperformance, (3) ...

Excerpt: ...“Bucket Challenge ,” a viral trend on TikTok. (Complaint, ¶¶ 1, 48.) Namely, on March 26, 2023, Plaintiff was shopping at the Target store located at 2300 Park Avenue in Tustin. (Id. at ¶ 42.) While scanning one of the aisles, a group of minors — including Defendant N.M. — approached Plaintiff from behind and abruptly placed a bucket and/or similar object, an item they retrieved from the store, over Plaintiff's head. (Id. at ¶¶ 30, 4...

Excerpt: ... prevailing defendant is mandatory. (Moore v. Kaufman (2010) 189 Cal.App.4th 604, 614.) Further, the fee award is against the losing plaintiff, not the l osing plaintiff's attorney. (Ibid.) “[A]n award of fees may include not only the fees incurred with respect to the underlying claim, but also the fees incurred in enforcing the right to mandatory fees under Code of Civil Procedure section 425.16. … [A]bsent circumstances rendering the award ...

Excerpt: ...y, by analogy t o a claim for breach of fiduciary duty, are as follows: (1) the existence of a relationship giving rise to a duty of loyalty; (2) one or more breaches of that duty; and (3) damage proximately caused by that breach. (Huong Que, Inc. v. Luu (2007) 150 Cal.App.4th 400, 410.) An agent has “a fiduciary duty to act loyally for the principal's benefit in all matters connected with the agency relationship,” including a duty not to...

Excerpt: ...fendants Selec t Portfolio Servicing, Inc. (“SPS”), and U.S. Bank Trust National Association as Collateral Trust Trustee of First Key Funding 2021 -A Collateral Trust's (“US Bank”) (collectively the “Loan Defendants”) Demurer to the First Amended Complaint is SUSTAINED in part and OVERRULED in part. Loan Defendants' Request for Judicial Notice is GRANTED. However, while a court may take judicial notice of the existence of documents in...

Excerpt: ...ic signature on the Agreement. Defendants have not properly challenged their electronic signatures. They offer no declaration stating it is not their or their agent's signature on the Agreement and Guaranty. Further, even if they, Plaintiff provides a sufficient showing that the signature is authentic. “An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in...

Excerpt: ...ward costs and re asonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” (Code Civ. Proc., § 425.16(c).) “Under section 425.16, subdivision (c), an award of attorney fees to a defendant prevailing on a special motion to strike is mandatory; a prevailing plaintiff is entitled to fees only upon proof that the defendant's motion was frivolous or solely intended to cause unnecessary delay.” (Vargas v. Cit...

Excerpt: ... 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 accordance with the applicable standard of proof.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850, footnote omitted.) Caloroso v. Hathawa...

Excerpt: ...nt any time aft er the lis pendens is recorded on several grounds, including the claimant cannot prove the probable validity of the real property claim by a preponderance of the evidence. (Code Civ. Proc., §§ 405.30, 405.32.) The motion may be made even while an appeal is pending. (Peery v. Superior Court (1981) 29 Cal.3d 837, 842.) The claimant who filed the lis pendens has the burden of proof where the motion is made on the grounds that the a...

Excerpt: ...nada, and India. Plaintiff Shaili Patel was employed by JTS to work for its client defendant Capital Group Companies, Inc., an investment management organization, as a contract Senior Software Developer. Plaintiff's assignment to Capital Group commenced on or about January 10, 2022. Prior to and as a condition of her assignment to Capital Group, Plaintiff electronically signed a “Temporary W -2 Assignment Agreement” (“Assignment Agreement�...

Excerpt: ...smissing this action to enforce t he forum -selection clause contained in the independent Consulting Agreements between Plaintiffs and Defendants. Background Prior to August, 2023, Defendant MAI was wholly owned by Plaintiffs Joseph Gioeli and Charmaine Gioeli. (Evans Decl. ¶ 3.) On August 8, 2023, Plaintiffs entered into an agreement with Defendant EV3 for, inter alia, exchange of their membership interests in Defendant MAI for equity interests...

Excerpt: ... the hearing. Plaintiff thus, had only 3 days to prepare a reply and filed his reply 4 days late. Given that the statute has just recently been amended at the beginning of the year, the Court exercises its discretion to consider the late filed opposition and reply. (Cal. Rules of Court, rule 3.1300(d).) Objections Declaration of Plaintiff Defendant objects to paragraphs 3 -20. “In granting or denying a motion for summary judgment or summary adj...

Excerpt: ...xhibit 3. Defe ndants' objections to Plaintiff's request for judicial notice are SUSTAINED. “A demurrer tests the pleading alone, and not the evidence or the facts alleged. . . . To the extent there are factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero ...

Excerpt: ...a two -step proces s. First, ‘the moving defendant bears the burden of establishing that the challenged allegations or claims “aris[e] from” protected activity in which the defendant has engaged.' [Citation.] Second, for each claim that does arise from protected activity, the plaintiff must show the claim has ‘at least minimal merit.' [Citation.] If the plaintiff cannot make this showing, the court will strike the claim.” (Bonni v. St. ...

Excerpt: ...ion is made in l ight of the particular circumstances and interest at hand and the test considers the following: “‘[T]he decisionmaker should consider “the extent to which the defendant's fifth amendment rights are implicated.” [Citation.] In addition, the decisionmakers should generally consider the following factors: (1) the interest of the plaintiffs in proceeding expeditiously with this litigation or any particular aspect of it, and t...

Excerpt: ...intiff's discover y requests. (Motion, p. 1.) Defendant states a protective order is necessary due to unprofessional conduct and sharing of confidential information in other cases by Plaintiff's counsel. However, Defendant fails to present evidence showing specific facts which require entry of a protective order in this case. Therefore, the motion is denied. 2. Motion to Disqualify Attorney of Record Defendant Mohamed H. Said's Motion to Disquali...

Excerpt: ...stile work environmen t sexual harassment are (1) plaintiff belongs to a protected group; (2) plaintiff was subject to unwelcome sexual harassment; (3) the harassment complained of was based on sex; (4) the harassment complained of was sufficiently severe or pervasive so as to alter the conditions of employment and create an abusive working environment; and (5) respondeat superior. (Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal.App.3d 590...