Excerpt: ...university emails used by a cademic professionals employed by public institutions. On September 9, 2020, CSI made a public records request to Respondent Regents of the University of California (“UC”), seeking correspondence relating to four articles authored by Petitioner. Petitioner , an assistant professor at UCI, argues such correspondence should not be subject to a CPRA request because the correspondence does not relate to conduct of the ...

Excerpt: ...me speci fied in Section 2031.260 to respond to the set of demands, or to a particular item or category in the set, be extended. (3) That the place of production be other than that specified in the demand. (4) That the inspection, copying, testing, or sampling be m ade only on specified terms and conditions. (5) That a trade secret or other confidential research, development, or commercial information not be disclosed, or be disclosed only to...

Excerpt: ...udice. Plainti ff served a subpoena on the OCSD requesting “[a]ll documents relating to case number 22 -02462 -KI, decedent Griffin Cuomo, including, but not limited to, the death certificate, autopsy photographs, notes, and any audio/video recordings.” (Gorelik Decl., ¶ 3 , Ex. 2.) OCSD has refused to produce responsive documents, due to its ongoing investigation of Ramy Fahim who has been charged with Decedent's murder. OCSD cites Evid. C...

Excerpt: ...easonably incu rred by the buyer in connection with the commencement and prosecution of such action.” Civil Code, § 1794, subd. (d). Plaintiff seeks $39,055.50 in attorney's fees representing 78.9 hours billed at $495/hour. There is no dispute between the parties that Pl aintiff is entitled to fees and costs/expenses. The issue in dispute is the amount of attorney's fees. Attorney's fees Courts use the lodestar adjustment method to determine t...

Excerpt: ...or nonperformance, (3) defendant's breach, and (4) damage to plaintiff therefrom.'” Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal.App.4th 1171, 1178. “If the action is based on alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written agreement must be attached and incorporated by reference.” Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, ...

Excerpt: ...rty is entitl ed to judgment. Harman v. Mono General Hospital (1982) 131 Cal.App.3d 607, 613. The First Amended Complaint alleges three causes of action against Moving Defendants: 1) Recovery of Stolen Property Under Penal Code § 496; 2) Medical Battery; 3) Business a nd Professions Code § 17200. The FAC also purports to segregate the defendants in two separate categories, namely the Doctor Defendants and Entity Defendants, defined as all non ...

Excerpt: ...o triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to...

Excerpt: ...Notice is GRANTED. Defendant's Request for Judicial Notice is GRANTED as to Exhibit 1 and DENIED as to Exhibit 2 as unnecessary to the disposition of the Motion. Defendant's Evidentiary Objections to Plaintiff's Evidence is OVERRULED. Plaintiff's Evidentiary Obje ctions to the Declaration of Karen Broderick is OVERRULED. The Court declines to rule on Plaintiff's Evidentiary Objections to the Declaration of Freddie Vega on the grounds that they ar...

Excerpt: ...lems wi th the vehicle or customer did not exist. [Complaint (ROA #2), ¶¶ 10 -17.] If the conditions of the warranties were not met, CLICK APP was required to re -purchase the retail installment sales contract. [Id., ¶¶ 18 -22.] the Arias guaranteed CLICK APP's p erformance: “guarantees the prompt full payment and performance of all indebtedness, obligations, conditions, covenants and agreements.” [Id., ¶¶ 15 -17.] Plaintiff alleges 21 ...

Excerpt: ...§ 452(d); Richtek USA, Inc. v. UPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 658.) Greenhouse first contends that Woolard's claims here are barred based on the doctrines of res judicata and/or collateral estoppel. More specifically, Greenhouse argues that Woolard's claims are barred because of an order granting Greenhouse's summary judgment motion in Smith v. Eric Michael Woolard, Case No. 2020 -01174210 (the “Smith Action”). Courts ...

Excerpt: ...resent ation requirements are untimely, is unconstitutional because it constitutes a prohibited “gift” of public funds to the victim of the alleged assault. Moving Party supports its arguments by pointing to several recently filed writs addressing the issue of whether AB 218 constitutes an unlawful gift of public funds as applied to claims against public entities for childhood sexual abuse. (See exhibits to RJN, ROA #42.) But the outcome of ...

Excerpt: ...pled. (¶¶ 1 -49.) Additional facts can be sought through discovery. Fifth Cause of Action for Fraudulent Inducement – Intentional Concealment Defendant challenges the fraudulent inducement by concealment cause of action on grounds it fails to plead the requisite transac tion Civil Code section 1793.2(a) provides: “Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: . . ....

Excerpt: ...iracy). (Code Civ. Proc., § 430.10(e), (f).) 5th C/A (slander of title) – OVERRULED The fifth cause of action for slander of title alleges the following: While they were married, Plaintiff and Defendant ZENGJIAN CHEN (“Chen”) jointly owned certain real property in the City of Irvine as husband and wife. Defendant Ashanti N. Clark (“Clark”) is a notary in Texas. Defendant Worldwide Signings, Inc. (“WWS”) is a notary agency and Defe...

Excerpt: ...ty (2012) 208 C al.App.4th 1125, 1135.) Any “ambiguities can be clarified under modern discovery procedures.” (Ibid.) Standing/Capacity. The FAXC alleges MSO “is, and at all times mentioned herein was, a California corporation existing under the laws of the State of C alifornia.” (FAXC ¶ 4.) A demurrer “admit[s] all material facts properly pleaded,'” including this one. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court cannot t...

Excerpt: ...es th at moving parties spend much paper arguing facts outside of the pleadings and/or the merits of plaintiffs' claims. (Demurrer at 17:17 -19:25, 22:14- 24:6.) However, it is well settled that a demurrer can be used only to challenge defects that appear on the face of the pleading, or from matters outside the pleading properly subject to judicial notice (Blank v. Kirwan (1985) 39 Cal.3d 311, 318), and that plaintiffs' allegations must be accept...

Excerpt: ...sel also mus t provide a redlined version of any revised papers, including the proposed letter to the aggrieved employees. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the sett lement agreement and the proposed letter to the aggrieved employees, rather than with just a supplemental declaration or brief simply asserting that the issues have been resolved. T...

Excerpt: ...ed at $495/hour . There is no dispute Plaintiff is entitled to fees and costs/expenses. Defendant contends fees sought are excessive. To support the attorney rates claimed, attorney Haddad listed a sample of median hourly rates for attorneys handling consumer law cases i n Los Angeles, Long Beach, and Anaheim that average $506 per hour. (Haddad Decl., ¶ 26.) The list contains no description of the attorney skill or level of experience, or even t...

Excerpt: ...Complaint Movin g Defendants' demurrer to the First Amended Complaint is SUSTAINED with leave to amend. Plaintiff shall have 20 days to file and serve a Second Amended Complaint. Unjust Enrichment: The demurrer to the Fifth Cause of Action, for Unjust Enrichment, is SU STAINED with leave to amend. Moving Defendants argue that “unjust enrichment is not a stand -alone cause of action. (ROA No. 101 at pp. 9 -10) The authority Moving Defendants ci...

Excerpt: ...�� (Code Civ. Proc., § 387(d)(1)(A).) “Section 387, subdivision (d)(1)(A) provides for mandatory intervention … where ‘[a] provision of law confers an unconditional right to intervene,' wholly apart from the nature and character of the non -parties interest in the litigation or the issue of adequacy of representation.” (Accurso v. In- N-Out Burgers (2023) 94 Cal.App.5th 1128, 1136, fn. 9.) Section 708.430 of the Code of Civil Procedure s...

Excerpt: ... ADAMAS motion to c ompel Defendant CHRISTIAN ESPANA (“Espana”) to provide further, verified responses, without objections to Plaintiff's Request for Production of Documents, Set Two, Nos. 19, 20, 21, 24, and 25. Sanctions was not requested. Both Motions: While the motions a re framed as seeking further responses, Plaintiff does not argue that Defendants' responses are deficient. Rather, Plaintiff argues that Defendants, in their responses,...

Excerpt: ...2031.300, subd. ( b).) By failing to serve timely responses, the party to whom the demand is directed waives “any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” (Code Civ. Proc., § 2031.300, subd. (a).) Merits On September 15, 2023, Plaintiff served first sets of request for production of documents directed to Defendants March, Asante -Bayr...

Excerpt: ...ubd. (a)(1).) If a timely mo tion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) No. 7 asks for the identity of all individuals who served on ACSR's Quality Assurance Committee for a certain timeperiod. ACSR objects based on Evidence Code section 1157. Subject to certain exceptions, the “pr...

Excerpt: ...aws of this state, a court rule, or an order of the court. “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437, subd. (a).) “[J]udges re ad allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth.” (Clauson v. Superior Court (1998) 67 Cal.App...

Excerpt: ...l. file d in related case], ¶ 2.) In the Spring of 2021, Defendant Honarkar sought an infusion of capital into his real estate portfolio. (Id. at ¶ 4.) Plaintiff Makhijani and Defendant Honarkar, through their respective corporate entities, agreed to form a new bu siness venture whereby Plaintiff would contribute capital to three newly formed LLCs, while Defendant Honarkar would contribute his ownership interest in the various entities holding...

Excerpt: ...e is no triable iss ue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the non existence of any triable issue of material fact. . . .” (Ibid.) “A prima facie showing is one that is sufficient to support the position of the party in question.�...

Excerpt: ...024 (ROA 66), but not filed until April 25. Turning to the merits, Plaintiffs' complaint repeatedly alleges that they (and other consumers) purchased goods or services from “the ‘cisco.com' webpage operated by Cisco,” which the complaint defines as the “Website.” (See, e.g ., Compl. ¶ 1.) Cisco contends this allegation is frivolous because it is impossible to purchase goods or services from the Website, as defined. “A claim is fac...

Excerpt: ...gland Decl., reading “when Sunyata used the second fraudulent transfer to claim the right to evict us” is SUSTAINED (relevance, improper legal argument). Defendants' remaining evidentiary objections are OVERRULED. The Court lacks jurisdiction to reconsider it s 1-30- 24 order, as a judgment of dismissal has since been entered as to these defendants. (Safeco Ins. Co. of Illinois v. Architectural Facades Unlimited, Inc. (2005) 134 Cal.App.4th 1...

Excerpt: ...leadings 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 de fault against that party. (Code Civ. Proc. § 2023.030(d).) Additionally, the Court may impose a monetary sanction ordering that one engaging in conduct that is a misuse of t...

Excerpt: ...�if the pleading is so incomprehensible that a defendant cannot reasonably respond.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695.) Page 18 of 33 Here, it is unclear what Plaintiffs are alleging a grievance with. They allege that Plain tiff Aretha Li's saxophone was stolen and that the Placentia Police Department did not adequately investigate the case. They then allege that various police officers, city counc...

Excerpt: ...ained in th e complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer only tests the sufficiency of the pleadings (See Satyadi v. West Contra Costa Healthcare District (2014) 232 Cal.App.4th 1022, 1028 [in analyzing a demurrer, the court looks only to the f ace of the pleadings and to matters judicially noticeable]). A. Fraud, and Conspiracy to Commit Fraud Plaintiffs fail to state a cause of action for fraud as to Defendants Jin Yong ...

Excerpt: ...rt. Sustained as to causes of action (“COA”) N os. 1, 2, and 6. Overruled as to COA Nos. 3, 4, and 5. A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The issue is the suff iciency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as ...

Excerpt: ...nt cannot re asonably respond.” (Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.) Any “ambiguities can be clarified under modern discovery procedures.” (Ibid.) Accordingly, the demurrer on the ground of uncertainty is OVERRULED. CO A 1 – Wrongful Termination in Violation of Public Policy. To state a cause of action for wrongful termination in violation of public policy, a plaintiff must allege (1) an...

Excerpt: ...rike Defendant's Motio n to Strike portions of the FAC is GRANTED. Defendant requests the court strike FAC ¶¶ 28 -30 and the prayer for punitive damages. A request for punitive damages must be sufficiently alleged pursuant to Civ. Code § 3294. “Not only must there be circumstances of oppression, fraud or malice, but facts must be alleged in the pleading to support such a claim.” (Grieves v. Superior Court, 157 Cal. App. 3d 159, 166 (Ct. Ap...

Excerpt: ... in the act that caused plaintiffs' injuries in this case. The acts were allegedly done by the other defendants. The allegation that the incident occurred on public park property is not enough to hold a public entity liable for the negligence of others. The com plaint does not allege any condition of the park that caused or contributed to the alleged injuries. The allegation that the city had a mandatory duty to protect attendees of the event und...

Excerpt: ...ion commonly po ssess and exercise; (2) a breach of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage.” (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) “The standard of care against which the acts of a physician are to be measured is a matter peculiarly within the knowledge of experts; it presents the basic issue in a malpractice action and can only be proved by t...

Excerpt: ... simply st ates that they seek an order “enforcing the arbitration agreement executed” by the plaintiff. They identify themselves as “third party beneficiaries of the arbitration agreement [and] are therefore entitled to have this case submitted to binding arbitrati on and to have the proceedings in this case dismissed.” (ROA 27, 2:8 -10.) The accompanying points and authorities state, however, that “plaintiff executed a binding mutual...

Excerpt: ...cation allowing John W . Lomas, Jr. to appear as counsel pro hac vice for Defendant, Thales Avionics, Inc. In reviewing the application for pro hac vice, there appears to be a number of deficiencies. Under California Rules of Court, rule 9.40(c)(1), the applicant must file p roof of service by mail of a copy of the application and of the notice of hearing of the application on the State Bar of California at its San Francisco. Additionally, unde...

Excerpt: ...he existen ce of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the co ntroversy exists, unless it determines' there is a defense to enforcing the agreement. [Citation.] (Brodke v. Alphatec Spine Inc. (2008) 160 Cal.App.4th 1569, 1574.) “‘The petiti...

Excerpt: ...Beach filed a motion to compel further responses to form interrogatories (set one), special interrogatories (set one), and requests for production of documents (set one). The motion included a request for monetary sanctions. No opposition was filed to the motions. Th e court notes that this is not first discovery dispute between the parties over these discovery requests. Last August, the court granted a motion to compel responses to the same d...

Excerpt: ...ntified in the responses within 10 days of this Order, and to the extent any responsive documents are withheld on the basis of attorney -client privilege, work product protection, and/or trade secret protection, Plaintiff shall serve a privilege log that identifies the d ocuments withheld and the information necessary to enable the claim of privilege/protection to be evaluated by Defendant. Plaintiff and Plaintiff's counsel shall pay monetary s...

Excerpt: ...erifi ed complaint for defamation and civil extortion against defendants. It alleged that Pabriaga, from an Elab e -mail address, sent two e -mails to several California employees of plaintiff wherein he sought at least $100,000 in exchange for not reporting plaintiff for “illegal testing,” as well as not filing “a complaint to the Office of the Inspector General Fraud Division.” The e -mails are attached to the declaration of Ashlie To...

Excerpt: ...n favor of the party seeking relief from default. Iott v. Franklin (1988) 206 Cal. App. 3d 521, 526. If a party moves promptly for default relief, or if the granting of the relief from default will not prejudice the opposing party (other than losing the advantage o f the default), only slight evidence will justify an order granting such relief. Ibid. For this reason, “a trial court order denying relief is scrutinized more carefully than an orde...

Excerpt: ...ober 26, 2023. ( See ROA 81.) Petitioner appears to have filed a Substitution of Attorney on October 30, 2023, indicating that it is now represented by Marc Cohen, Esq. of Cohen Law Group, APC. (ROA 91.) On that same date, Petitioner filed an Association of Counsel indic ating that Allen Matkins Leck Gamble Mallory & Natsis LLP, and attorneys Scott J. Leipzig, Michael R. Farrell, and Tim C. Hsu, are associating in as co -counsel for Petitioner ...

Excerpt: ...this cost sh ows it incurred only $507.75 to file its answer and demand for jury trial, and not the $508.95 total claimedunder Items 1a -b. (Opp. at p. 6:15 -20; McIntosh Decl. at Ex. A, p. 1.) (2) $9,050 of the amount sought under item 8b. Defendant's first Code of Civi l Procedure section 998 offers to compromise served on 7/10/23 (hereinafter, the 998 offer) was valid. (See Perez Decl. ¶ 2, Ex. 1 [subject 998 offer]; see also Martinez v. Br...

Excerpt: ...editor”) is DENIED . On 10/27/22, the Court of Appeal issued a Remittitur which awarded costs to Kreditor. (ROA 117) On 11/14/22, Eoin Kreditor and Fitzgerald Yap Kreditor filed a Memorandum of Costs on Appeal, signed under penalty of perjury by counsel. (ROA119) The Memo o f Costs lists the following costs: 1 - $780.00 for preparation of the original and copies of clerk's transcript of appendix; 2 - $244.00 for preparation of the original and...

Excerpt: ... the trial court may “for good cause shown, ... order that specified discovery be conducted.” (Ibid.; Balla v. Hall (2021) 59 Cal.App.5th 652, 692.) In the anti- SLAPP context, “good cause” requires “a showing that the specified discovery is necessary for the plaintiff to oppose the [anti -SLAPP] motion and is tailored to that end.” (Britts v. Superior Court (2006) 145 Cal.App.4th 1112, 1125.) “If the plaintiff makes a timely and ...

Excerpt: ...1: Sex Dis crimination (FEHA) • C/A 2: Harassment on the Basis of Sex (FEHA) • C/A 3: FEHA Retaliation Plaintiff alleges that while she was an employee for the LLC Defendants, Antonio Perez and other kitchen staff were sexually harassing her. Plaintiff alleges tha t Perez had previously worked for the LLC Defendants and had been fired for sexual harassment, but was rehired. Plaintiff alleges that because she refused Perez's advancements, Per...

Excerpt: ...nted ann oyance, embarrassment, or oppression, or undue burden and expense.” Specifically, the court may refuse to compel the deposition of a corporate officer at the apex of the corporate hierarchy, absent a reasonable indication of the officer's personal knowledg e of the case and exhaustion of less intrusive discovery methods, given that such “high level” depositions raise a tremendous potential for discovery abuse and harassment. (Libe...

Excerpt: ...gence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action.” (Code Civ. Proc. , § 395, subd. (a); see Williams v. Superior Court for County of Contra Costa (2021) 71 Cal.App.5th 101, 109 [for personal injury claims, venue is proper where the injury occurred, o...

Excerpt: ...unsel as to the impact of the 5/3/24 filing of CrossComplainants first amended complaint and whether it should be stricken. (3) The motion for leave to file an untimely anti -SLAPP motion is denied. Demurer and Motion to Strike Confronted with a demurrer and motion to s trike directed at his original cross -compliant, Defendant/Cross -Complainant had the option of opposing the motions or amending his crosscomplaint. The time limit was the same...