Excerpt: ...ed the moving papers to plaintiff on 9-4-19. (Notice of motion at 2:16-17.) However, there is no proof of service on this date, and no other evidence that defendant in fact served the moving papers on this date; defendant attorney's declaration is silent on this point. [On the other hand, plaintiff's opposition does not dispute “safe harbor” compliance.] Second, defendant has not shown that the complaint violates CCP 128.7(b). Defendant argue...

Excerpt: ...ant DRSS-1 LLC's First Amended Cross- Complaint Against Santa Ana Regional Water Quality Control Board and Orange County Water District 4) Cross-Defendant Santa Ana Regional Water Quality Control Board's Notice of Demurrer and Demurrer to Defendant DRSS-1's First Amended Cross-Complaint 5) Defendant/Cross-Complainant DRSS-1, LLC and Defendant GE Aviation Systems, LLC's Motion to Sever and Stay the Orange County Water District's Claims Against DRS...

Excerpt: ...ere, as here, the running of the statute clearly and affirmatively appears from the dates alleged in the Complaint, the Plaintiffs bear the burden of pleading and proving they did not discover, or have reason to discover, the claim sooner. (Cansino v. Bank of America (2014) 224 Cal.App.4th 1462, 1472 [internal citations omitted].) In addition, “plaintiff also must plead ‘facts showing that he was not negligent in failing to make the discovery...

Excerpt: ...anges, deletions, and additions must be submitted as well. Late papers will not be accepted. 1. The current version of the settlement agreement provides, at ¶ 44, that settlement payments “shall be secured by a lien against all of the Defendant's assets, junior only to the existing line in favor of Bank of the West.” Included as Exhibit B to the current version of the settlement is the security agreement that creates this lien. Section 1 of ...

Excerpt: ...LC, after the loan servicing was transferred. 2. Other Causes of Action The motion of this defendant for judgment on the pleadings as to the remaining causes of action is DENIED. Nearly 25 years ago the plaintiff and his then-spouse (a defaulted defendant here) were involved in a marital dissolution. During the distribution of assets and debts, a dispute arose over encumbrances placed on certain real property by the wife. The issue was litigated ...

Excerpt: ...default has been entered is out of court and is not entitled to take any further steps in the cause affecting plaintiff's right of action; he cannot thereafter, until such default is set aside in a proper proceeding, file pleadings or move for a new trial or demand notice of subsequent proceedings.'” Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385–386. If Plaintiff had not taken Defendant's default, then the Court ...

Excerpt: ...e 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 upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. Cal. Civ. Proc. Code § 484.090(a)(1)-(4). If an action is against a defendant who is natural person, an attachment may be issued only on a claim which arises out of the conduct by the def...

Excerpt: ...ration of Due Diligence filed with the Proof of Service seems to contradict Item 6 of the Application for Writ of Possession and Declaration of Blong Vang ¶11. The Declaration of Due Diligence signed by the process server, Laurie Evans, indicates that service could not be made at 718 Huntington Street, Huntington Beach, CA because it is a sober living home, only women live there, and no mail for defendant goes there. She also indicates that the ...

Excerpt: ...10.00. Defendants did not file oppositions. For the following reasons, Plaintiff Brian Sax's application against Convergence is granted in the amount of $912,630.68; Plaintiff Brian Sax's application against T. Hirou is granted in the amount of $665,327.00; and Plaintiff Elliot Sax's application against Convergence is granted in the amount of $50,000.00. Plaintiffs' applications are denied in all other respects. A court shall issue a right to att...

Excerpt: ...r of consumer goods sold in California and for which the manufacturer has made an express warranty shall “[m]ake available to authorized service and repair facilities sufficient service literature and replacement parts to effect repairs during the express warranty period.” Defendant contends that Plaintiffs failed to set forth what service literature and replacement parts were unavailable. A review of the Complaint reveals that the claim does...

Excerpt: ...ainst whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the complaint or cross-complaint.” (Emphasis added.) Here, the First Amended Cross-Complaint was filed on 8/28/19. The proof of service indicates service by email and mail. Yet, the instant demurrer was not filed until 48 days later on 10/15/19. Thus, the demurrer is untimely. Nonetheless, the Court, in its di...

Excerpt: ...l be filed (Code Civ. Proc., § 404), or nothing will be done. Demurrer (HDR Engineering) The demurrer of defendant HDR Engineering, Inc., to the second, fifth, and sixth causes of action of the first amended complaint (ROA 32) is OVERRULED with 15 days to answer. Second Cause of Action (Negligent Misrepresentation) Each element of a cause of action for negligent misrepresentation generally must be alleged with a specificity that shows how, when,...

Excerpt: ... 2020. A corrected Notice was thereafter served on October 30, 2019, which provided sufficient notice pursuant to C.C.P. §1005. While Cross-Complainant is correct in asserting mail service on October 15, 2019 provided insufficient notice for a November 7, 2019 hearing, this issue has since been mooted. The Demurrer to the Third Cause of Action for Interference with Contractual Relations is SUSTAINED, as Cross-Complainant has not properly pled a ...

Excerpt: ...rovide a redline copy of the amended notice. A judgment in a PAGA action "binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government." (Arias v. Superior Court (2009) 46 Cal.4th 969, 986.) Thus, “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 53...

Excerpt: ...no longer good law for the reasons articulated in Waffer Internat. Corp. v. Khorsandi (1999) 69 Cal.App.4th 1261 at pages 1270 through 1278. Moreover, nothing in Steiner suggests that the obtaining of a writ of attachment limits remedies in tort as against other parties. Here, the proposed amended complaint adds a third party (albeit the spouse of the original defendant) and makes at least one other substantive change. The general rule is that in...

Excerpt: ...d their sureties, Michael B. Martin, Scott Hook, and Eric Mooney, is GRANTED. The motion is brought under Code of Civil Procedure §996.440, which states as follows: (a) If a bond is given in an action or proceeding, the liability on the bond may be enforced on motion made in the court without the necessity of an independent action. (b) The motion shall not be made until after entry of the final judgment in the action or proceeding in which the b...

Excerpt: ...nt bears an initial burden of production to make a prima facie showing of the nonexistence 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.” (Id. at p. 851.) “A court identifies the issues framed by the pleadings, determines whether the moving party's showing has established facts which negate the opponent's claim and justify a judgment...

Excerpt: ... the insurer directed or authorized the agent to perform the tortious acts, or it ratifies acts it did not originally authorize.” (R & B Auto Center, Inc. v. Farmers Grp., Inc. (2006) 140 Cal.App.4th 327, 344; Shultz Steel Co. v. Hartford Accident & Indemnity Co. (1986) 187 Cal.App.3d 513, 518-523.) Further, in California, only licensed life insurance agents are authorized to transact life insurance business. (Cal Ins. Code §§ 32(a); 1622(a)....

Excerpt: ....D. for Terminating Sanctions for Failure to Obey Discovery Orders: Defendant Lam Dang, MD (“Dang”) moves the court for an order for terminating sanctions by striking plaintiff David Struble's (“Plaintiff”) complaint, or, alternatively, for issue and evidentiary sanctions for willful failure to provide timely verified responses to written discovery pursuant to the court's November 21, 2019 order. Dang also seeks $1,560 in monetary sanctio...

Excerpt: ...n Carlos Fernandez and/or his attorney of record in the amount of $3,128. Specifically, Defendant seeks further responses to the following: a description of the dangerous condition of the property alleged by Plaintiff (No. 1); the location of the dangerous condition (No. 2); all fact, documents, and witnesses to support Plaintiff's dangerous condition contentions (Nos. 3-5); a description or identification of the warnings, sign postings, and main...

Excerpt: ... matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence ….” (Code Civ. Proc., § 2017.010.) “For discovery purposes, information is relevant if it ‘might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement....'” (Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) “[D]iscovery must be construed liberally in ...

Excerpt: ...) who heard any statements made about the INCIDENT by any individual at the scene; and (d) who YOU OR ANYONE ACTING ON YOUR BEHALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil Procedure section 2034). Defendant's answer to form interrogatory 12.1 is: (a-d) Objection. Vague, ambiguous, and uncertain. Invasion of privacy. Violation of attorney client privilege and attorney work product doctrine. Burdenso...

Excerpt: ...D Nos. 21, 24-27, 30-31 with similar boilerplate objections: No. 21: Communications between YOU and MARTIN. No. 24/26: Communications between YOU and CROSS-DEFENDANTS. No. 25: Communications between YOU and SANDLER. No. 27: Communications referring to defendant. No. 30: Documents prepared by MARTIN in connection with underlying litigation. No. 31: Communications that include MARTIN. Response: “Objection, this request seeks documents which are n...

Excerpt: ...2 are all allowable recoverable costs pursuant to C.C.P. section 1033.5(a)(1), (a)(3)(A), (a)(4), and (a)(11). As such, the burden was on Plaintiff to show that those costs were unreasonable or unnecessary which Plaintiff failed to do. (Jones v. Dumrichob (1988) 63 Cal. App. 4th 1258, 1266 [“If items on their face appear to be proper charges, the verified memorandum of costs is prima facie evidence of their propriety, and the burden is on the p...

Excerpt: ...rounds upon which the motion will be made” and specify “the particulars in which the legal basis for the decision is not consistent with or supported by the facts, or in which the judgment or decree is not consistent with the special verdict.” Although the statute is explicit, at least one appellate court has held that the “notice of motion” to vacate may be sufficient to meet the statutory criteria if it adequately meets section 663a's...

Excerpt: ...on (CCP § 430.10(e)) Facts/Overview: The original complaint in this action was filed on 4/8/19. The operative verified First Amended Complaint was filed on 9/5/19 against defendants Servis One, Inc., dba BSI Financial Services [“BSI”], Wilmington Savings Fund Society, FSB, dba Christina Trust, as Trustee, for Brougham Fund I Trust, Zieve, Brodnax & Steele, LLP, Wells Fargo Bank, N.A. s/b/m Wachovia Mortgage, FSB f/k/a World Savings Bank, FSB...

Excerpt: ... were and how they could be used to deprive her of ownership of her real property and assets; She also denies signing two separate deeds on 10/12/18 that purportedly bear her signature; She now claims to be homeless; This is sufficient to support her claim for elder abuse; Overrule; 2 nd cause of action [fraud v Debra and Elmer Stone]: The intentional misrepresentations are unclear and not pled with the required specificity; Sustain with 10 days ...

Excerpt: ...ne; Applies to Bar Plaintiffs' Negligence/Premises Liability Causes of Action; 3. Plaintiffs' Negligent/Premises Liability Causes of Action are barred, as Plaintiffs cannot establish that Superior had a duty, as there is no foreseeability of this third party criminal assault; 4. Plaintiffs' have no facts or theories to support a Cause of Action for Intentional Infliction of Emotional Distress ("IIED"); 5. Plaintiffs' cannot seek Punitive Damages ...

Excerpt: ...supposed to be part of the contract price. Plaintiff filed her complaint against Defendant on 10/11/17, alleging causes of action for: (1) Breach of Contract and (2) General Negligence. Defendant answered the complaint on 01/09/18 and filed a cross-complaint against Plaintiff, alleging causes of action for: (1) Breach of Contract and (2) Common Counts. The cross-complaint alleges that Plaintiff failed to allow Defendant to finish the job, claimin...

Excerpt: ... interest that overcomes the right of public access to the record.” Rule 2.550(d)(1). The Court is unaware of any case in which sealing of a damages allegation or a cause of action not involving confidential or private information has been allowed. Defendants fail to point to anything comparable to the types of disclosures that California courts have found to qualify as “overriding interests.” (See, e.g., NBC Subsidiary (KNBC TV), Inc. v. S...

Excerpt: ...Civ. Proc., § 2025.420, subd. (a).) The motion shall be accompanied by a meet and confer declaration under Code of Civil Procedure section 2016.040. (Code Civ. Proc., § 2025.420, subd. (a).) The court, for good cause shown, may make any order that justice requires to protect any party “from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc., § 2025.420, subd. (b).) The protective order may i...

Excerpt: ...eek fees in the following amounts: Baldwin Park ($45,875); Rancho Palos Verde ($17,763.50); Signal Hill ($14,968); Carson ($8,122.50); and West Covina, Lakewood, Santa Fe Springs and Clarement (total of $363,180). This matter is currently on appeal. The notices of appeal automatically stayed proceedings on the judgment. Hayworth v. City of Oakland (1982) 129 Cal.App.3d 723, 727 (perfecting of an appeal stays proceedings in the trial court upon th...

Excerpt: ...es from respondents in the amount of $126,600. This matter is currently on appeal. The notices of appeal automatically stayed proceedings on the judgment. Hayworth v. City of Oakland (1982) 129 Cal.App.3d 723, 727 (perfecting of an appeal stays proceedings in the trial court upon the judgment granting a writ of mandate].) However, that stay does not divest the court of jurisdiction to consider these motions for fees. Robertson v. Rodriguez (1995)...

Excerpt: ...0) 184 Cal.App.4th 1422, 1428.) The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. Id. If delay in seeking the amendment has not misled or prejudiced the other side, the liberal policy of allowing amendments prevails. (Higgins v. Del Faro (1981) 123 CA3d 558, 564- 565.) Cabrillo seeks leave to amend the Cross-Complaint to add causes of action for breach of implied duty to perform ...

Excerpt: ...rt a meritorious cause of action or defense. The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only...

Excerpt: ... motion for summary judgment. The requests are denied. It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. “[A]ll that is necessary is to call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9:53.1a.) Plaintiff's Separate Statement is Noncompliant Plaintiff filed a document entitled “Plaintiff Jason Gardner's...

Excerpt: ...y 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." (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 p...

Excerpt: ...off calendar. The Trial and Pre-Trial Conference are vacated. The court sets a Review Hearing for March 19, 2020 at 1:30 p.m. to ensure the submission of a proposed Judgment. It is settled law in California that an insurer denying or delaying the payment of policy benefits due to the existence of a genuine dispute with its insured as to the amount of the insured's coverage claim is not liable in bad faith. Chateau Chamberay Homeowners Assn. v. As...

Excerpt: ...bey an order compelling answers to discovery, the court may impose whatever sanctions are just, including issue sanctions, evidence sanctions, terminating sanctions, and monetary sanctions. (Code Civ. Proc., § 2023.030.) Imposition of sanctions for misuse of discovery lies within the trial court's discretion. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 991.) Once a party is ordered by the court to provide responses to discovery, ...

Excerpt: ...ettlement agreement and/or proposed notice is submitted, a redline version showing all changes, deletions and additions must be submitted as well, including proof of service of the revised agreement on the LWDA Per the supplemental briefing, Plaintiff's valuation was based on a maximum exposure of $821,444, which was in turn based on alleged Labor Code violations affecting 65 employees over the period from August 15, 2015 to October 2016. The pre...

Excerpt: ...agraph 10 permitted limited discovery. Interrogatories was limited to identification of witness. Request for Production was limited to 25 requests. Depositions consisted of two eight-hour depositions of fact witnesses and one two eight-hour deposition of expert witnesses. Upon request of the parties, the arbitrator had authority to allow additional discovery. “The arbitration will be administered by the American Arbitration Association (‘AAA'...

Excerpt: ...for release of records. The motion is granted in part. The motion was properly served upon Bonar Law Group. No opposition was filed by Bonar Law Group. Plaintiff opposed the motion, but only as to the request for an order compelling him to execute authorization for release of records. Here, the subpoena seeks non-privileged records. (See Exh. B.) Therefore, Bonar Law Group's concerns of attorney-client privilege and attorney work product, are unw...

Excerpt: ...framework for evaluating potential invasions of privacy, explaining: “The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious.” (Id. at 552). “The party seeking information may raise in response whatever legitimate and important countervailing interests disclosure serves, while the party se...

Excerpt: ...010) 559 U.S. 662, 686; Kinecta Alternative Financial Solutions, Inc. v. Superior Court (2012) 205 Cal. App. 4th 506, 510-11. This action is ordered stayed pending completion of the arbitration. The Case Management Conference set for March 20, 2020 is ordered off calendar. A Post-Arbitration Review Hearing is set for July 17, 2020 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a contin...

Excerpt: ...ndi R Schwartz's Motion Compelling Defendant American General Life Insurance Company to Produce Further Documents in Response to Plaintiff's Document Demands 4) Plaintiff Sindi R Schwartz's Motion For Order Compelling Defendant American General Life Insurance Company to Produce Unredacted Emails Produced at Deposition in Response to Plaintiff's Document Demands Plaintiff Sindi R. Schwartz originally had four discovery motions (ROAs 288, 293, 304,...

Excerpt: ...equest for judicial notice of the FAC in this action (ROA 25) is GRANTED. Plaintiff's evidentiary objections to the declaration of Albert Reynaldo (ROA 38) are OVERRULED. The discrepancies Plaintiff identifies between Mr. Reynaldo's declaration filed in support of the present petition (ROA 16) and his subsequent deposition testimony (Hatcher Decl. (ROA 39), Ex. A) go to weight, not admissibility. I. Factual Background A. Plaintiff's Hiring On Feb...

Excerpt: ...r money had and received and the second issue relates to the claim for punitive damages in the sixth cause of action for fraud. The motion is moot with respect to the first issue, because plaintiff dismissed the fifth cause of action for money had and received on January 2, 2020. With regard to the second issue, defendants contend that the claim for punitive damages fails because the gravamen of plaintiff's claim is really for breach of contract ...

Excerpt: ...s notice of motion for sanctions pursuant to section 128.7. Alliance appears to concede that the notice of motion served on October 28, 2019 did not contain a hearing date, ostensibly because Alliance could not reserve a hearing date more than 24 hours in advance, but the statute requires a 21-day safe harbor period. See Salisian Supp. Decl. ¶¶ 13-16. Alliance does not address why this issue could not have been raised with the court or court st...

Excerpt: ...th, that are frivolous or solely intended to cause unnecessary delay.” To warrant sanctions under section 128.7(b)(1), a paper presented to the court must be presented “primarily” for an improper purpose. Cal. Civ. Proc. Code, § 128.7(b)(1). Sanctions may be imposed pursuant to section 128.7(b)(2) if a paper contains a claim, defense, or other legal contention that is not warranted by existing law or by nonfrivolous argument for the extens...

Excerpt: ... it. Each side then explains what the various marks, and absence of marks, meant relative to that paragraph and the agreement. The plaintiff even accuses defendant Wendy Alexander of submitting a fabricated version of the agreement with a check mark next to Paragraph 6.6. She demands that Alexander bring the original to court, and she proposes to testify at the law and motion hearing, apparently to prove the document was altered. Alexander oppose...

Excerpt: ... utilizes the services of an unlicensed contractor may bring an action in any court of competent jurisdiction in this state to recover all compensation paid to the unlicensed contractor for performance of any act or contract.” “When the Legislature enacted section 7031(b), courts had long held that a contractor was not entitled to any compensation for any work performed unless the contractor was licensed during the entire project (absent a sh...

Excerpt: ...e only if the matter is reasonably beyond dispute. Post v. Prati (1979) 90 Cal.App.3d 626, 633, 153. Furthermore, matters subject to judicial notice have the same requirement of relevancy as any evidence sought to be introduced at trial. People v. Rowland (1992) 4 Cal.4 th 238, 268, n6; Evid. C. 350. The party making the request for judicial notice must also supply the court will sufficient information and source material to enable the court to d...

Excerpt: ...(See Plff's Opp. RJN; see also Friends of Shingle Springs Interchange, Inc. v. County of El Dorado (2011) 200 Cal.App.4th 1470, 1483; El Escorial Owners' Ass'n v. DLC Plastering, Inc. (2007) 154 Cal.App.4th 1337, 1350.) Wavy Clothing objects to judicial notice of the license information presented by the Plaintiff, but in the reply, Wavy offers the Court similar data and from a similar source (See Reply, RJN.) The Court will not address the licens...

Excerpt: ...fourth cause of action alleges trespass. This is a new cause of action that did not appear in Plaintiff's Complaint. Defendant correctly argues that following an order sustaining a demurrer or a motion for judgment on the pleadings with leave to amend, the plaintiff may amend his or her complaint only as authorized by the court's order. Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4 th 1018, 1023. A plaintiff may not amend a complaint to a...

Excerpt: ...o this by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851 (Aguilar).) “Once the defendant meets this burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that...

Excerpt: ...andings. On 08/16/19, this Court adopted the discovery referee's recommendation to strike defendants' answer to the operative pleading (3rd Amended Complaint), as well as their cross-complaint, following a series of discovery abuses. On 09/18/19, this Court entered a signed order striking defendants' appearances, and ordering defendants to pay fees for the discovery referee. Thereafter, plaintiffs filed and served default prove-up packages. Befor...

Excerpt: ...erd Industries v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4 th 1568, 1588 A motion for leave to complete discovery closer to trial must be accompanied by a meet/confer declaration. [CCP §2024.050(a)] One of the factors to be considered by the court in making its discretionary ruling is “[t]he diligence or lack of diligence of the party seeking discovery or the hearing of the motion, and the reasons that discovery was not completed or...

Excerpt: ...sibility is not the test and information, unless privileged, is discoverable if it might reasonably lead to admissible evidence. [Citation.] These rules are applied liberally in favor of discovery [citation], and (contrary to popular belief), fishing expeditions are permissible in some cases.” (Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) However, “[c]ourts must insist discovery devices be used as tools to facilitate litigati...

Excerpt: ...otions meet the first prong. The third cause of action alleges protected activity under the First Amendment; i.e., the filing of an FPPC complaint during an election campaign about election activity. It is further undisputed that the third cause of action must be stricken because the filing of an FPPC complaint, even one that may contain false allegations, is protected speech that may not be subject to judicial oversight. The first two causes of ...

Excerpt: ... court case, Horner v. Bank of New York Mellon, Case No. 8:16-cv-00557-CJC-DFM (USDC C.D. Cal.), and the other recorded in connection with this case. At any time after recording of a lis pendens, any party affected by it may apply “to the court in which the action is pending to expunge the notice.” Code Civ. Proc. §405.30. The person filing the lis pendens has the burden of proof to show that the lis pendens should not be expunged. Code Civ....

Excerpt: ...use of action is for legal malpractice. “If the allegedly negligent conduct does not cause damage, it generates no cause of action in tort. The mere breach of a professional duty, causing only nominal damages, speculative harm, or the threat of future harm—not yet realized—does not suffice to create a cause of action for negligence.” Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison, 18 Cal.4th 739, 749–750 (1998). Here, the all...

Excerpt: ...� 1102.5, violation of Labor Code § 6301, failure to authorize and provide meal and rest breaks, and wrongful termination in violation of public policy, respectively. Civil Code § 3294 provides that punitive damages may be awarded in an action for breach of an obligation not arising from contract, if the plaintiff proves by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice. “Malice” means condu...

Excerpt: ..., the defendant must establish that the challenged claim arises from activity protected by section 425.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success. We have described this second step as a ‘summary-judgment-like procedure.' [Citation.]” (Baral v. Schnitt (2016) 1 Cal.5th 376, 384, fn. omitted.) Protected activity: ...

Excerpt: ...on stating facts showing that the actions are complex, as defined by the Judicial Council and that the actions meet the standards specified in Section 404.1.” (Code Civ. Proc., § 404; Ford Motor Warranty Cases (2017) 11 Cal.App.5th 626, 634.) Petitioner has not established the Phan Action is complex. The Phan Action only involves three parties. The complaint filed by Robert Phan alleges that Phan gave Linh and Vy Nguyen a $52,000 loan, which t...

Excerpt: ... motion is denied. Special Interrogatories Nos. 48 through 55 seek (i) the identities (defined as names, last known residence and employment addresses, and telephone numbers) of each resident of Defendant's skilled nursing facility during the approximately three weeks (see Brief at 4:14- 16) Plaintiff resided at the facility; (ii) the identities of each “responsible party” (defined in a lengthy definition set forth in the interrogatories, and...

Excerpt: ...Response” to Form Interrogatory No. 15.1 on 5-24-19. On 8-6-19 the Court granted Plaintiff Raquel Pineda's unopposed motion to compel a further response to form interrogatory 15.1. On 8-20-19 Defendant served Further Supplemental Responses. Raquel appears to argue that despite these additional responses, Defendant has failed to comply with the Court's 4-15-19 and 8-6-19 Orders because such responses are still deficient. This is not well-taken. ...

Excerpt: ...iff alleges that beginning on 2/9/16, Defendant breached the agreement by failing to pay for legal services in the sum of $247,290.44. Plaintiff filed its complaint on 7/24/19 against Defendant. The complaint alleges causes of action for: Breach of Contract; (2) Common Counts; (3) Account Stated; and (4) Quantum Meruit. The case is set for a continued CMC on 1/15/20. No trial date has been set. Analysis: Improper Extrinsic Evidence A demurrer is ...

Excerpt: ...p Place, Canyon Lake, CA 92587, as requested by Plaintiff. (Evid. Code, § 452(c) and (h).) Demurrer: The Judgment entered on March 8, 2016 in the Family Law Case was pursuant to Stipulated Judgment and addressed child custody/visitation/support, spousal support, division of community property, including the Canyon Lake Property and Mission Viejo Property, vehicles, personal items, debts, and costs in the divorce. (Defendant's RFJN, Exh. B, Stipu...

Excerpt: ...eat and ignite. As a result of the damage, the pole was burned due to a fire which ignited on the Anaheim Utilities Electrical Installation attached to the Pole, causing severe damage to the SCE Pole. MOTION NO. 1, DEMURRER TO FIRST AMENDED COMPLAINT: Plaintiff Southern California Edison Company and defendant City of Anaheim have stipulated to permit plaintiff to file a Second Amended Complaint and that plaintiff will do so once the court has sig...

Excerpt: ...wherein Plaintiff agreed to loan Defendant JB FIBER the principal sum of $35,902.05; Defendant JB FIBER agreed to make 60 monthly payments of $820.48 payable on the 2 nd of each month beginning on 9-2-16; that the last payment received by Plaintiff from Defendant JB FIBER pursuant to the VFA was on 12-2-17; that on 1-2-18, Defendant JB FIBER was in breach of the VFA for failing to make the requisite monthly payment; and that Defendant JB FIBER's ...

Excerpt: ...was struck by a vehicle driven by defendant Harris and owned by defendant O'Connell, while Harris was in the course and scope of employment. 2. County of Orange v. Harris, OCSC Case No. 2018-01033469 The complaint, filed on 11/19/18 by plaintiff County of Orange against defendants Steven A. Harris, O'Connell Landscape Maintenance, Inc., and Preston Edward Nunez-Ruiz, seeks subrogation for workers' compensation benefits paid to plaintiff Jennifer ...

Excerpt: ... order in the amount of $440,308.14 Moving Party contends as follows: ParPro is a company specializing in electronics manufacturing services in the medical, aerospace/defense, industrial, and computing/communications markets. (K. Knight Decl. in support of Petition [“ParPro Dec.”], Para. 2.) Respondent Rogerson Kratos Corporation [“Rogerson”] is, and has been, a customer of ParPro - particularly with respect to aerospace electronics manuf...

Excerpt: ...onetary sanctions. Motion #2: To compel defendant Artelier to provide further responses to Request for Production of Documents, Set One, Nos. 1-8, 11, 13-24, 27-39, 41-45, 49, 50, 53, 54, 56- 58; and for monetary sanctions. Facts/Overview: On 7/23/18, plaintiff Forespar Productions Corporation [“Forespar”] filed a complaint against defendants Artelier Studio, LLC [“Artelier”], Henry Goldman, Richard Joseph Benveniste, and Joseph Fitzgeral...

Excerpt: ... to Plaintiff's Inspection Demand, Set No. 1, and imposition of $2,134.95 in monetary sanctions against Defendant. Motion No. 3. For issuance of an order deeming Plaintiff's Requests For Admissions, Set No. 1, admitted against Defendant San Jacinto Z, LLC and imposition of $2,134.95 in monetary sanctions against Defendant. Motion No. 4. For issuance of an order deeming Plaintiff's Requests For Admissions, Set No. 2, admitted against Defendant San...

Excerpt: ...n to an LLC in 2012 and general questions regarding LLC issues; Ganatra also attempts to offer hearsay testimony that a]Moore assisted with a buy out of the third owner of Poseidon, b]a ‘love contract', c]company software, and d]potentially suing employees; No evidence was presented to find that Moore had an attorney client relationship with Ruskey, either individually or as a shareholder of BrandRep; Finally, Ruskey argues for the first time o...

Excerpt: ... 1-10. The court OVERRULES Respondent's Objections to [Petitioner's] Requests for Judicial Notice, filed on 10-15-19 (ROA No. 108). Respondent's Request for Judicial Notice: The court GRANTS Respondent's Request for Judicial Notice, filed on 10-15-19 (ROA No. 109) and 10-16-19 (ROA No. 104), pursuant to Evidence Code section 452, subdivisions (d) and (h), as to Exhibits A, B, C, and D. Petitioner's Evidentiary Objections (filed on 10-29-19 under ...

Excerpt: ...against the Cross-Complainants (filed on 5-7-19 under ROA No. 469.) Code of Civil Procedure section 916, subdivision (a), states, “Except as provided in Sections 917.1 to 917.9, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may...

Excerpt: ...to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Code of Civil Procedure section 437c, subdivision (f)(1), provides, in part, “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more...

Excerpt: ...ff, within 30 days, the sum of $1,225, which is the amount the Court finds reasonable. The Request for Judicial Notice is denied as unnecessary. (See Cal. Prac. Guide, Civil Procedure before Trial §9:53.1a (“It is not necessary to ask the court to take judicial notice of materials previously filed in the case”; all that is necessary is to call the court's attention to such papers. Such papers however, are not necessarily admissible evidence....

Excerpt: ... Third Cause of Action (Fraud). The demurrer to the third cause of action for fraud is sustained with leave to amend. Active concealment or suppression of facts is the equivalent of actual fraud. (Civ. Code, § 1572(3).) The elements of a cause of action for fraudulent concealment are: (i) concealment or suppression of a material fact; (ii) by a defendant with a duty to disclose the fact to the plaintiff; (iii) defendant's intent to defraud plain...

Excerpt: ...nd/or Summary Adjudication is DENIED. Motion No. 1: Defendant C.G. Landscape, Inc.: An answer to the complaint is required to make “A statement of any new matter constituting a defense.” (CCP 431.30 (b) (2)). “'[A]ny issue on which defendant bears the burden of proof at trial is ‘new matter' and must be specially pleaded in the answer.'” Mountain Air Enterprises, LLC v. Sundowner Towers, LLC (2017) 3 Cal.5th 744, 756. On 4/30/18, Defend...

Excerpt: ...r Code Civ. Proc. § 425.16(c)(1) after Dismissal Section 425.16 of the Code of Civil Procedure (“CCP”) provides that a prevailing defendant on a special motion to strike is entitled to recover reasonable attorney fees and costs. Code Civ. Proc. § 425.16(c); City of Los Angeles v. Animal Defense League (2006) 135 Cal. App. 4th 606, 627. When a plaintiff voluntarily dismisses the action after the SLAPP motion has been filed and before the tri...

Excerpt: ...o arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of the evidence. If the party opposing the petition raises a defense to enforcement--either fraud in the execution...

Excerpt: ... overbroad, vague and ambiguous, seeks information outside the scope of discovery, and violates the privacy rights of both ASAS and Sadruddin; (2) the subpoena is overbroad, vague and ambiguous because it refers to “any named parties or entities” without defining who those named parties or entities are; (3) the subpoena is premature because it seeks Defendants' financial information in violation of Civil Code section 3295(c) and because there...

Excerpt: ...arch 21, 2015 through the date of production. Plaintiff/Cross-Defendant Kevin Garcia (“Garcia”) subpoena seeks documents protected by Defendant/Cross-Complainant Martin Arteaga's (“Arteaga”) right to privacy. (Fortunato v. Superior Ct. (2003) 114 Cal.App.4th 475, 480-81 [financial records are protected by individual's right to privacy]; Valley Bank of Nev. v. Superior Ct. (1975) 15 Cal.3d 652, 656 [individual has right to privacy in his o...

Excerpt: ...e interrogatories to request the identity and location of those with knowledge of discoverable matters.”). The party responding to interrogatories must answer in a manner as “complete and straightforward as the information reasonably available” permits; if the interrogatory cannot be answered completely, then it must be answered to the extent possible. Code Civ. Proc. § 2030.220(b). A party may file a motion to compel further responses to ...

Excerpt: ... bears an initial burden of production to make a prima facie showing of the nonexistence 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.” (Id. at p. 851.) “A court identifies the issues framed by the pleadings, determines whether the moving party's showing has established facts which negate the opponent's claim and justify a judgment i...

Excerpt: ...cate any intent to seek relief pursuant to this provision. Applying the 3-year statute of limitation, the Complaint makes clear Plaintiffs were entitled to a reconveyance on or about July of 2015. (See ¶14 of the Complaint). While Plaintiffs' Opposition asserts the claim did not accrue until 2019, when Plaintiffs incurred legal costs in pursuing this action, the Complaint alleges the Deed of Trust damaged Plaintiffs by impairing the “vendibili...

Excerpt: ... beyond a broken contractual promise,” in order to recover tort damages]; see also Aas v. Superior Court (2000) 24 Cal.4th 627, 632 [economic loss rule bars an action in tort for purely economic losses in the absence of personal injury or damage to property other than the product itself], superseded by statute in construction defect actions as stated in Burch v. Superior Court (2014) 223 Cal.App.4th 1411, 1417; KB Home v. Superior Court (2003) ...

Excerpt: ...nctions pursuant to CCP § 128.7. This petition arises out of a Coastal Development Permit (“CDP”) relating to a development in Laguna Beach. The CDP has already been the subject of various challenges and litigation by Petitioner, including two prior petitions in Orange County Superior Court. Amended Petition, ¶¶ 15-30. The underlying CDP was approved, with conditions, on August 9, 2017. Amended Petition, ¶¶ 2, 10-23, 29 and 36. The condi...

Excerpt: ... Richfield Co. (2001) 25 Cal.4th 826, 850-51.) If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.) If the defendant meets this initial burden, the burden shifts to the plaintiff to produce evidence demonstrating the existence of a triable issue of material fact. (Code Civ. Proc., § 437c(p)(2); Aguilar, 25 Cal.4th ...

Excerpt: ...ld 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 support the position of the party in question.” (Id. at p. 851.) A defendant moving for summary judgment satisfies his ...

Excerpt: ...l notice is GRANTED. Defendant has filed evidentiary objections (ROA 73) to Plaintiff's declaration in support of her opposition (ROA 68). Objections 1 and 3 are SUSTAINED. Objections 2 and 4 are OVERRULED. GROUNDS FOR RULING This is a putative wage-and-hour class/PAGA action in which Plaintiff alleges she and other employees of Defendant were regularly forced to work off the clock and were denied meal and rest breaks. She brings substantive clai...

Excerpt: ...essary is to call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9.53.1a.) “[F]rom commencement to conclusion, 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.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima ...

Excerpt: ...at p. 2.) Instead, Defendant offered to supplement responses on the condition that Plaintiff respond to a settlement offer by the next business day. (Id.) Plaintiff's decision not to accept that conditional offer does not evidence a failure to meet and confer in good faith. Code of Civil Procedure section 2033.220 provides that should the responding party give lack of information or knowledge as a reason for failure to admit all or part of an RFA...

Excerpt: ...g document requests and interrogatories, and defendants ask that these motions be continued to give them a chance to review plaintiffs' supplemental responses. Plaintiffs and the moving party defendants must file declarations or other papers at least two weeks before the new hearing date advising the court if these motions are still going forward, and if so, as to what issues. The tentative ruling is to continue the hearing on plaintiffs' Applica...

Excerpt: ...n the alternative, summary adjudication of the 1st-4th c/a against Plaintiffs William and Louise Debnam on the ground that in connection with a separate case relating to the servicing of the loan which forms the basis of the claims in this action, Los Angeles Superior Court Case No. YC072073, the Debnams waived all claims against Defendant. Exhibit 9 submitted in support of the motion establishes that on 11/8/17, William and Louise Debnam entered...

Excerpt: ...resentation of CTI and interests adverse to CTI. In the Mesa case Catanzarite is representing the plaintiffs in a derivative action on behalf of CTI, meaning that his representation is for the benefit of CTI. Thus, the same principles that warranted Catanzarite's disqualification in the FinCanna case apply to the Mesa case and compel disqualification here. The pending motion in the FinCanna case is to disqualify Catanzarite from representing thre...

Excerpt: ...urt assumes the parties' familiarity with the background of this long-running matter. This ruling sets forth only the facts necessary to dispose of the present motion. Through this motion, Cross-Defendants seek to recover an additional $926,000 in attorney's fees, which are broken down into three categories: “(1) attorney's fees incurred by Child and Amberhill, but not previously awarded, defending against claims concerning the SRA and claims f...

Excerpt: ...p. (2015) 242 Cal.App.4th 651, 659-660.) However, the truth of statements “may be accepted when made by a party but not those of third parties or an opponent.” (C.R. v. Tenet Healthcare Corp. (2009) 169 Cal.App.4th 1094, 1103.) In addition, “the contents of a document may only be accepted ‘where there is not or cannot be a factual dispute concerning that which is sought to be judicially noticed.'…And the general rule is that the truthfu...