Excerpt: ... 17.) Subsequently, on November 27, 2023, Defendants filed the insta nt anti-SLAPP Motion. (ROA No. 26.) The hearing for this motion is set for February 21, 2024. On February 14, 2024, the Court sustained Defendants' demurrer to the Complaint's second through sixth causes of action and granted leave to amend. (ROA No. 89.) In Oakland Bulk and Oversized Terminal, LLC v. City of Oakland (2020) 54 Cal.App.5th 738, a company sued the City of Oakland...

Excerpt: ... order with respect to certain discovery requests served up on them, including Form Interrogatories Set No. One, Special Interrogatories Set No. One, Requests for Admission Set No. One, and Requests for Production of Document Set No One. Standard for Protective Order Civil Procedure Code section 2030.090 provides that: (b) The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or org...

Excerpt: ...that, pending a trial on the merits, the defendant should or ... should not be restrained from exercising the right claimed by him [or her]. [Citation.] [Citation.]” (Jamison v. Department of Transportation (2016) 4 Cal.App.5th 356, 361, internal quotation marks omitted (Jamison).) “In deciding whether to issue a preliminary injunction, a trial court must evaluate two interrelated factors: (i) the likelihood that the party seeking the injunct...

Excerpt: ..., and the 2nd, 4th, 5th, and 6th Causes of Action in their entirety. If Plaintiff Sean Kameli does not amend the First Amended Complaint within the period of time stated above, Defendants Anthony English and English Realty, Inc. shall file an answer or other pleading in response to the First Amended Complaint w ithin 10 days of the expiration of the period of time to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendants Anthony English (Defe...

Excerpt: ... control and manage the premises” '…[Citation.]” (Kes ner v. Superior Court (2016) 1 Cal.5th 1132, 1158.) “Duty is not universal; not every defendant owes every plaintiff a duty of care. A duty exists only if ‘ “the plaintiff's interests are entitled to legal protection against the defendant's conduct.” ' [Citation.] Whether a duty exists is a question of law to be resolved by the court. [Citation.]” (Brown v. USA Taekownd...

Excerpt: ...ode. Code of Civil Procedure section 576 state s, “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” “If the motion to amend is timely made and the gr anting 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...

Excerpt: ...ternational, LLC and Crystal Yang move for an order for a prel iminary injunction that enjoins defendant Xing Huo and his employees, agents, and other persons working on his behalf from transferring ownership of or further encumbering the residential real property located at 19367 Via De La Cielo, Yorba Linda that is the subject of this action. A preliminary injunction is an order that is sought by a plaintiff before full adjudication of the meri...

Excerpt: ... in the moving papers.” (Def.'s Opp'n to Pltf.'s Dem . Mem. of P.&A.s at p. 2:20 -2:22.) The court therefore will sustain the demurrer. In addition, Defendant requests leave to amend the answer and state that upon granting leave, “the defendant will forthwith file an amended answer.” (Id. at p. 3:8.) “It is an abuse of the trial court's discretion to sustain a demurrer without leave to amend if there is a reasonable possibility” th...

Excerpt: ...n its own record; citation to the record is sufficient. As it pe rtains to the County, the complaint contains a single cause of action directed towards it: (1) Premises Liability for Dangerous Condition of Public Property (Gov. Code § 835 et seq.). Government Code section 835 “prescribes the conditions under which a pu blic entity may be held liable for injuries caused by a dangerous condition of public property.” (Cordova v. City of Los Ang...

Excerpt: ... held. Defendant Park West Landscape Maintenance, Inc.'s request for sanctions is DENIED. Defendant Park West Landscape Maintenance, Inc. moves to compel David H. Payne, M.D. to appear for deposition. Standard to Compel Nonparty Deposition Any party may obtain discovery by taking in California the oral deposition of any person. (See Code Ci v. Proc., § 2025.010.) A nonparty may be required to appear to give oral testimony in a deposition and/or ...

Excerpt: ...le date and time, no later than 30 days after the notice o f ruling is served. Plaintiff Rita Ramirez is ORDERED to pay to Defendant City of Santa Ana sanctions in the amount of $1,060 (4.0 hours x $265 per hour in reasonable attorney's fees), no later than 30 days after the notice of ruling is served. Defendant City of Santa Ana moves to compel the deposition of Plaintiff Rita Ramirez and the production of documents at the deposition. Standard t...

Excerpt: ...etails; and a list of technical service bulletins and informational service bulletins issued for vehicles of the same year, make, and model as the subject vehicle. This is a straightforward Song -Beverly Consumer Warranty Act action. Based on the nature of the case, the Court finds that documents that generally sho uld be produced include repair orders and invoices for the subject vehicle, warranty claims concerning the subject vehicle; warranty...

Excerpt: ... -in -Interest to The Estate of Serette Mitchell -Hug hes v. Albert Hughes Jr. (Case No. 30 -202201239731) [referred to as This Action]; and 2) Albert Hughes III, individually, and as the Successor -in -Interest to The Estate of Serette Mitchell -Hughes v. Orange County (Case Number 30 -202301313697) [referred to as County of Orange Action]. Service of Process On July 10, 2023, the court continued the hearing on the Motion to Consolidate Cases fo...

Excerpt: ...ic Inc., and Longtime USA Inc. (“Joining Defendants”). Plaintiff's Request for Judicial Notice is DENIED. Such declarations are not subject to judicial notice under Evidence Code § 452. Plaintiff's objection to Defendant's Exhibit A is DENIED. The Court declines to rule on the remaining objections to the exhibits and declaration because they are immaterial to the determination of this motion. The threshold inquiry on a forum non conveniens m...

Excerpt: ...its 1 -2 is GRANTED. “When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint . . . and such defendant may be designated in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingl y.” (Code Civ. Proc. § 474.) “Code of Civil Procedure section 474 permits plaintiffs to bring in defendants if the requirements of section 474 ...

Excerpt: ...bing why the cy pres recipient (Legal Aid Foundation of Los Ang eles) is an appropriate recipient. The Supplemental Srourian Declaration (ROA 89) states: “Legal Aid Foundation of Los Angeles is an appropriate recipient because INSERT.” Supp. Srourian Decl. (ROA 89) ¶ 5. A declaration should be submitted describing why the cy pres recipient is an appropriate recipient. 2. The amendment to the settlement agreement (Supp. Srourian Decl. (ROA 89...

Excerpt: ...ng: (1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of ...

Excerpt: ...llegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1 120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452. Although C alifornia courts take a liberal view of inartfully drawn complaints, it remains essential that a complain...

Excerpt: ...pondent California Coastal Commission (“Commission”) demurs to the first amended petition (FAP) of Petitioner Friends of Newport Harbor. The demurrer is apparently joined by Real Party in Interest City of Newport Beach. The City has already answered the FAP, and it identifies no authority permitting a party that has already filed an answer to join ano ther party's demurrer. However, because the City seeks no relief on its own behalf (askin...

Excerpt: ...that the court improperly ruled on the demurrer without taking into consideration that plaintiff was going to seek leave to file a First Consolidated Class Action Complaint in the related case of Carlson/Aresh v. Hunt. However, plaintiff has since withdrawn his motion seeking leave to file a consolidated class action complaint, rendering this argument moot. The court previously ruled that plaintiff improperly split his causes of action between ...

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

Excerpt: ...oodward -Clyde & Associates (1985) 38 Cal.3d 488, 499 ( Te c h-Bilt).) As an initial matter, moving parties' proof of service is defective, as it attests to service via email only. (see Code Civ. Proc., §§ 1010.6, subd. (a)(2), 877.6, subd. (a)(2) [requiring service via “certified mail, return receipt request ed, or by personal service”].) While defendants OC 405 Partners and the State of California, acting by and through the Department of...

Excerpt: ...e documents, and how service was effected. 2. Were the moti on papers served on defendants? The only proof of service in the court file related to the motion papers is the proof of service attached to the Quezada Declaration (ROA 225), which states that only the Quezada Declaration was served on defendants. 3. Was the order granting preliminary approval (filed 6/16/23, ROA 212) served on the LWDA? Plaintiff must file a proof of service reflec...

Excerpt: ...y on the bond. Olen's unopposed request for judicial notice is GRANTED. Olen 's objections to TPG's evidence are OVERRULED. TPG's objections to the Declaration of John G. McClendon are SUSTAINED inasmuch as the entire Declaration is not relevant to the Court's ruling. I. BACKGROUND This lawsuit alleging CEQA and other violations and a second lawsuit alleging violations of certain CC&Rs stem from TPG's plans to build a 312 -apartment complex (the ...

Excerpt: ...or the business records exception. She has personal knowledge as the custodia m of records and Chief Credit Officer of National Funding. (Otero Decl., ¶2.) Legal Standard Where plaintiff seeks summary judgment, the burden is to produce admissible evidence on each element of a “cause of action” entitling him or her to judgment. (CCP § 437c(p)(1); see Hunter v. Pacific Mechanical Corp. (1995) 37 Cal.App.4th 1282, 1287, (disapproved on other ...

Excerpt: ...ould provide a red -lined version of any revised papers, inc luding the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declarati on or brief that simply asserts the issues have been resolved. Plaintiff has not filed her First Amended Complaint containing a PAGA...

Excerpt: .... A joint status conference statement shall be filed on or before May 23, 2024. Defendant's unopposed request for judicial notice is GRANTED. I. Background As al leged in the complaints, Plaintiffs are tenants at apartment complexes in Santa Ana managed by Advanced Management Company. Plaintiffs allege the apartment complexes are subject to the Santa Ana Rent Stabilization and Just Cause Eviction Ordinance (“Ordinance,” codified at Santa An...

Excerpt: ...rety. Brill Notice of Motion (ROA 47) at 1:25- 27; LNBYG Notice of Motion (ROA 9) at 2:6 -7. For the following reasons, Brill's and LNBYG's motions are granted. Factual background and allegations Stroj and Brill are both lawyers, although, as alleged in Stroj's complaint, Stroj was suspended from the practice of law for two years beginning in August 2021 “for illegal gambling that took place back in 2015.” Complaint (ROA 1) ¶ 23. Stroj alleg...

Excerpt: ...etcher Jones' counsel's email address. (Code Civ. Proc., § 1013 b, subd. (b)(1) and (3).) Fletcher Jones was able to serve and file a timely reply on the merits and did not object to Plaintiff's proof of service. The Court exercises its discretion and considers the opposition. The Court also notes Fletcher Jones' proofs of service for Fletcher Jones' replies did not include the server's email address. (Code Civ. Proc., § 1013b, subd. (b)(1).) ...

Excerpt: ...rm presented, i.e., the comparative consequences of th e issuance and non -issuance of the injunction. (See Fleishman v. Superior Court (2002) 102 Cal.App.4th 350). Generally, where the damage from a breach of contract can be easily estimated, the presumption is that an action at law will be final and prevent further dispute; and an injunction will not issue against the breach. (See Kellett v. Ida Clayton & G.W. WagonRoad Co. (1893), 99 Cal. 210...

Excerpt: ... the contract under which JAS Pacific performed services for the City. (Evid. Code § 452(h).) In addition, JAS Pacific has attempted to introduce new evidence on reply. The Court has not considered this evidence. (See Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1538 [“The general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers.”].) GROUNDS FOR RULING I. Background This is one of three r...

Excerpt: ...n May 30, 2024 at 9:00 a.m. A joint status conference sta tement shall be filed on or before May 23, 2024. Defendant's unopposed request for judicial notice is GRANTED. I. Background As alleged in the complaints, Plaintiffs are tenants at apartment complexes in Santa Ana managed by Advanced Management Compan y. Plaintiffs allege the apartment complexes are subject to the Santa Ana Rent Stabilization and Just Cause Eviction Ordinance (“Ordinanc...

Excerpt: ...aywood 1, LLC. Specifically, Judgment Creditor has shown the required elements that (1) the parties to be added as judgment debtors had control of the underlying litigation and were virtually represented in that proceeding; (2) there is such a unity of interest and ownership that the separate personalities of the entity and the owners no long er exist; and (3) an inequitable result will follow if the acts are treated as those of the entity alone...

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

Excerpt: ... not the owner of the subject dog. (See, e.g. SS UMF No. 8.) Accordingly, Plaintiff cannot establish a cause of action for strict liability under Cal. Civ. Code § 3342 against Moving Defendant. Negligence and Premises Liability Moving Defendant argues that Plaintiff's causes of action for negligence and premises liability both fail because Plaintiff does not establish the existence of a duty of care applicable to Moving Defendant. “The existen...

Excerpt: ...tiff made a reasonable investigation of the condit ion at issue before proceeding with his work before the concealed hazard exception will apply, and there is no evidence of either requirement. Lastly, Defendant contends that new case law shows that there is no duty to warn when a hazard is open and obvio us, particularly when there are alternatives which could have been undertaken. Code of Civil Procedure section 1008(a) provides: “When an app...

Excerpt: ...ader's ability to prove tho se allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404- 1405.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) A demurrer tests only the sufficiency of the compl aint; a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferred from the matters alleged or are proper subj...

Excerpt: ...sult occurs, and the consequent ‘liability arises.' In other words, it sets the date as the time when the cause of action is complete with all of its elements.” (Norgart, supra, 21 Cal.4th at p. 397.) When, by the face of the complaint, it is clear a claim is time - barred, the plaintiff may invoke the delayed discovery rule “which postpones accrual of a cause of action until the plaintiff discovers, or has reason to discovery, the cause of...

Excerpt: .... (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404 -05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only...

Excerpt: ...d Complaint A demurrer for sufficiency tests wheth er the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720 -21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury ...

Excerpt: ...cy of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or impro bable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other e...

Excerpt: ...tronixx v. Heger Realty Corp. (1998) 64 Cal.App.4th 698, 706– 707.) The “prevailin g” party is the party who recovered greater relief in the action on the contract. (Civ.C. § 1717(b)(1).) Code of Civil Procedure Section 998 provides, in relevant part: “(a) The costs allowed under Sections 1031 and 1032 shall be withheld or augmented as provided in this section…[¶] (c)(1) If an offer made by a defendant is not accepted and the plaintif...

Excerpt: ...ons Code §2000. On this Motion, Plain tiff has presented evidence that the amount so incurred is $114,631.43. (ROA 637, 639, 641.) The Opposition presented by Defendants Saeed Sorat (“Sorat”) and Hen House Grill, Inc. (“HHGI”) (here, “Defendants”) does not meaningfully attempt to dispute that those expenses were incurred by Plaintiff for this limited proceeding, except to claim generally that they were “excessive” without showing...

Excerpt: ...conferred and agree on the need for a protective order; that Plaintiff provided a draft protective order and Kuhns indicated that it would stipulate to its entry, but Plaintiff has been unable to obtain Defendant Carlos Alcala's participation and signature on the proposed protective order, and that Plain tiff has also refused to seek assistance from the Court such that Kuhns has filed this motion. No opposition has been filed. Initially, the Co...

Excerpt: ...ouri (Doe 5) and Kouri Law Firm, APC (Doe 6) (together, the K houri defendants). (See ROA No. 401.) 5. San Bernardino County (Doe 4), erroneously sued as “County of San Bernardino.” (See ROA No. 322.) 6. Tushar Ramnik Doshi (Doshi) (Doe 9). All six demurrers are SUSTAINED as to the first amended complaint (FAC) in its entirety without leave to amend. The court on its own motion takes judicial notice of the following: 1. The 1/18/24 minute or...

Excerpt: ...re is generally followed. First, it is determined whether the plaintiff may bring the suit and force the claimants to interplead. Second, if it is so determined, then the court will discharge the plaintiff from liability and “the action may proceed for the determination of the rights of the various claimants to the property which is then in the custody of the court.” (Weingetz v. Cheverton (1951) 102 Cal.App.2d 67, 80.) Once a judge determine...

Excerpt: ...ing 4 categories in dispute, the motion is GRANTED for Categories 9 and 22, and DENIED for Categories 10 and 19. Regarding the request for production of documents (“RFP”), the RFP contained in the deposition notice are identical to the RFP at issue in Plaintiff's motion to compel further RFP responses from Defendant, w hich this court granted in part on 10/19/23. (See Minute Order at ROA 90; Prior motion at ROA 43, Ex. 1.) Thus, the court has...

Excerpt: ..., after these motions were filed. In the Replies, Plaintiff contends the supplemental responses remain inadequate. However, there is no indication that Plaintiff attempted to contact Defendant to meet and confer regarding the further responses since said responses were served on Plaintiff in late November and early December. Given the extensive complaints raised by Plaintiff as to the sufficiency of the responses and the lack of meet and confer ...

Excerpt: ... furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every manner pertaining thereto.” (Code Civ. Proc. §128(a)(5).) This includes the power to disqualify counsel in appropriate cases. (In re Complex Asbestos Litig. (1991) 232 Cal. App. 3d 572, 585.) “A former client may seek to disqualify a former attorney from representing an adverse part...

Excerpt: ... furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every manner pertaining thereto.” (Code Civ. Proc. §128(a)(5).) This includes the power to disqualify counsel in appropriate cases. (In re Complex Asbestos Litig. (1991) 232 Cal. App. 3d 572, 585.) “A former client may seek to disqualify a former attorney from representing an adverse part...

Excerpt: ...such records. Thus, the subpoenas to the billing departments of A & S H ealthcare and Alta Vista Assisted Living are quashed in full, and the balance of the subpoenas are quashed to the extent that they seek billing records. The motion is denied as to the balance of the records subpoenas issued by defendant. While the plaintiff s may assert a claim under the physician -patient privilege (See California Consumer Health Care Council, Inc. v. Califo...

Excerpt: ...ligence in making the motion after discovery of the default. [Cita tion.]” (Huh v. Wang (2007) 158 Cal.App.4th 1406, 1420, internal quotations omitted.) Whether the moving party has successfully carried this burden is a question entrusted to the discretion of the trial court and its ruling will not be disturbed in the abs ence of a demonstrated abuse of that discretion. (Hopkins & Carley v. Gens (2011) 200 Cal. App. 4th 1401, 1410.) Initially, ...

Excerpt: ...ernatively, Defendants request that the Court strike all allegations i n the Complaint where Plaintiff claims that his service dog was taken from him through an illegal seizure, and specifically where Plaintiff alleges the following: (1) “Due to race and disability, H.I.P.A. right violation, conspires false allegation of ani mal cruelty, illegal seizure of certified service dog for mental/emotional support,” (2) “conspires with OC Animal ...

Excerpt: ...rk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. Here, there has been no entry of judgment or dismissal. Accordingly, the time for filing the memo of costs has not run. With respect to the merits of the motion, except as otherwise provided, a prevailing party is entitled as a matter of right to recover costs ...

Excerpt: ...led and refused to participate in mediat ion such that the parties are bound to submit this dispute to binding arbitration pursuant to the terms of the arbitration agreement. A petition to compel arbitration “shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions, except that not less than 10 days' notice of the date set for the hearing Page 5 of 29 on the petition shall be given....

Excerpt: ...ed and the automatic stay in effect before SB 365 took effect, SB 365 is not retroactive in nature, and the FAA preempts SB 365. Plaintiff Club Speed, LLC (“Plaintiff”) argues that SB 365 is procedural in nature and may be applied to existing litigation without any concerns regarding retrospectivity, the K1 Defendants ar e seeking to circumvent the Legislative intent of preventing delays caused by frivolous appeals, and, to the extent any sta...

Excerpt: ...to such papers.” (Weil & Brown, Cal. Prac. Guide: Civil Proc. Before Trial (The Rutter Group 2022) ¶ 9.53.1a.) Relevant Facts It is undisputed that on or about 11/17/2017, Defendant filed an action against The Discovery Fund LLC, The Freedom Fund LLC, The Victory Fund LLC, and The Adv antage Fund LLC (“The Funds”). (See Def.'s Sep. St. No. 1.) That action was arbitrated, and on 08/30/2019, the Arbitrator issued a Final Award in favor of T...

Excerpt: ...idge's founder and president, Defendant, John Prichard. (Complai nt, ¶¶ 3, 16.) The stockholders were subject to a Stockholders Agreement, which contained an express and strict confidentiality provision. While the stockholders were permitted to share Plaintiff's confidential and proprietary information with their inves tment advisors for the sole purpose of obtaining investment advice, the Defendants used said information to solicit new busin...

Excerpt: ... partially GRANTED with leave to amend. A. Legal Standard on Demurrer “Th e party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: … (e) The pleading does not state facts sufficient to constitut e a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous ...

Excerpt: ...ry injunction enjoining Defen dants and their agents from selling, transferring, or encumbering any of the assets of the parties' partnership without prior notice to and approval of the parties. (ROA 119.) On October 9, 2023, in connection with settling a separate lawsuit involving claims between KBS Holdco, LLC dba Regency Outdoor Advertising (“Regency”) and Defendant Glenn Emanuel, Regency purchased the ownership interests in the Defendant ...

Excerpt: ...ously filed in this case. . “[A]ll that is nec essary is to call the court's attention to such papers.” (Weil & Brown, Cal. Prac. Guide: Civil Proc. Before Trial (The Rutter Group 2022) ¶ 9.53.1a.) Legal Standard “Summary judgment shall be granted if all the papers submitted show that there is no tri able issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Civil Proc. Code, § 437c, su...

Excerpt: ...fendant fails to demonstrate that grounds exist to “dismiss” or vacate said default. Code Civ. Proc. § 473(b) permits a court to grant relief from a judgment, dismissal, order or other proceeding taken against a party on the grounds of “mistake, inadvertence, surprise or excusable neglect.” De fendant does not argue that the default judgment was the result of “mistake, inadvertence, surprise or excusable neglect.” In addition, Code C...

Excerpt: ...laintiffs Mark Adams and Julie ThorntonAdams (the “Judgment Creditors” or “Creditors”) and against the Defendants/Judgment Debtors Rajesh Gupta and Sarita Gupta, as Trustee of the 1996 Rajesh Kranti Gupta Family Irrevocable Trust dated August 15, 1996 (the “Judgment Debtors” or “D ebtors”). On 09/14/2023, Judgment Creditors Mark Adams and Julie Thornton -Adams issued a subpoena to Sterling BMW demanding production by 10/13/2023 of...

Excerpt: ...lication for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein1, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, or d e r, o r proceeding was taken.” (Code Civ. Proc., § 473, subd. (b).) The court has wide discretion to grant relief under the statute authorizing relief from a proceed...

Excerpt: ...he complaint if it arises out of the same transaction, occurrence, or series of transactions or occurrences as the complaint. (Code Civ. Proc., § 426.10(c).) All other cross-complaints are permissive. The standard for granting leave depends on the type of crosscomplaint involved. Leave to Þle a compulsory cross-complaint is mandatory so long as the defendant is acting in good faith, even if leave is sought on the eve of trial. (Code Civ. Proc.,...

Excerpt: ...Plaintiff and Defendant. The court agrees. “A fiduciary relationship is any relation existing betw een parties to a transaction wherein one of the parties is in duty bound to act with the utmost good faith for the benefit of the other party.” (Wolf v. Superior Court (2003) 107 Cal.App.4th 25, 29, as modified on denial of reh'g (Mar. 20, 2003) [citations omitted].) “Such a relation ordinarily arises where a confidence is reposed by one p...

Excerpt: ... Cal.3d 311, 318.) No other extrinsic evidence can be consid ered. (Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881.) All material facts properly pleaded, and reasonable inferences, must be accepted as true. (Aubry v. Tri -City Hospital Dist. (1992) 2 Cal. 4th 962, 966- 67.) “A demurrer tests only the sufficiency of the allegations. It does not test their truth, the plaintiff['s] ability to prove them or the possible difficulty in mak...

Excerpt: ...With respect to the Þrst cause of action, the demurrer is sustained as Plainti
¯ has not alleged a “material” violation of Civil Code section 2923.5, as required to state a claim. (Civ. Code, §2924.19, subd. (a)(1).) “A material violation is one that a
¯ected the borrower's loan obligations, disrupted the borrower's loanmodiÞcation process, or otherwise harmed the borrower.” (Billesbach v. Specialized Loan Servicing, LLC (2021) 63 Ca...

Excerpt: ...l negligence (attorney malpractice), the Complaint alleges Defendants “were hired by Plaintiffs to represent them in a matter where [Defendants] unequivocally were responsible for, inter alia, a motion to vacate or set aside a default judgment . . .” (Compl. ¶122.) The Complaint alleges Defendant s “failed to invoke mandatory relief for their clients when such mandatory relief was readily available with the exercise of a modest amount of d...

Excerpt: ... judicially noticeable. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. No extrinsic evidence can be considered. (Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881.) Here, Plainti
¯'s seek judicial notice of the declaration of Mingyan Ding. Such declaration is not subject to judicial notice under Evidence Code § 452. Accordingly, the request is DENIED. DEMURRER TO FAC “A demurrer tests the legal su
¯iciency of the factual allegations i...

Excerpt: ...tion of the party in question.” Id. at 851. A plainti
¯ moving for summary judgment satisÞes its initial burden by proving each element of the cause of action(s). CCP § 437c(p)(1); Aguilar v. Atlantic RichÞeld Co., supra, 25 Cal.4th at 850. If the plainti
¯ fails to meet its burden to make an initial showing, it is unnecessary for the court to examine the defendant's opposing evidence, and the motion must be denied. (Consumer Cause, Inc. v...

Excerpt: ...her be stated verbatim in the petition or attache d thereto. (Cal. Rules Ct., rule 3.1330.) Here, the motion demonstrates plaintiff Cristian Galindo (Plaintiff) entered into an agreement to arbitrate (Agreement). A copy of the Agreement has been provided with the motion. (Motion, Exh. A.) The Agree ment plainly encompasses the types of claims asserted here. Plaintiff does not dispute he signed the Agreement, although he claims to have been rushed...

Excerpt: ...edure that is painful, protracted, or intrusive [and] (2) The examination is conducted at a location within 75 miles of the residence of the examinee.” (Code Civ. Proc., § 2032.220, subd. (a).) Section 2032.220 permits a defendant in a personal injury case one physical examination of the plainti
¯ under certain conditions by simply serving a proper demand. But if the defendant seeks additional physical exams, he or she must obtain leave of co...

Excerpt: ...e reasons for the discovery; (2) the diligence or lack of diligence o f the party seeking the discovery or the hearing of a discovery motion, and the reasons the discovery was not completed or the discovery motion was not heard earlier; (3) any likelihood that permitting the discovery or hearing the discovery motion will pre vent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice t...

Excerpt: ...f judgment, Davis's complaint was also dismissed for failure to bring the action to trial within five years. The motions involve the following Cross -Complainants: Notice MPA Cross -Complainants ROA 2295 ROA 2376 John Robert Blank ROA 2296 ROA 2384 John Ephland ROA 2297 ROA 2382 Richard and Brenda Esquerra R OA 2298 ROA 2378 County of Orange ROA 2299 ROA 2380 Empire Communities, LLC; Farm Holdings, LP; and First National Property Investments, LL...

Excerpt: ...to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment shall not be granted by the cou...

Excerpt: ... GRANTED. (Barak v. Quisenberry Law Firm (2006) 135 Cal.App.4th 654, 66062.) Defend ants Evariste Group Manager, LLC, Andrew Stupin, and Gerald Marcil joinder in Defendants' Motion is GRANTED. Defendants' Request for Judicial Notice of Exhibits A- G is GRANTED. Plaintiff's Request for Judicial Notice of Exhibits A -F is GRANTED. “The court may, on motion, change the place of trial . . . [w]hen the convenience of witnesses and the ends of justic...

Excerpt: ...th Plan, Inc. was dismissed without prejudice on November 9, 2022. The parties agreed that Plaintiff reserved the right to amend to rename any of the Defendants in the event discovery proceedings in the action revealed a basis for liability against them. (ROA 21.) Plaintiff attempted to bring 360 Health Plan, Inc. back into this action w ith a Doe amendment. This attempt appears to have been improper given that Plaintiff had initially named 360 H...

Excerpt: ...7.1 (Unpaid Overtime Wages); 2. Violation of Labor Code § 2802(a) (Fai lure to Indemnify Necessary Expenditures); 3. Violation of Labor Code §§ 226.7, 226.7(b), and 512 (Meal Periods); 4. Violation of Labor Code § 226.7 (Rest Breaks); 5. Violation of Bus. & Prof. Code §§ 17200 et seq.; and 6. Civil Penalties Under the Private Attorneys General Act On May 5, 2021, as a matter of right, Plaintiff filed the operative First Amended Complaint (...

Excerpt: ...ded complaint. Judicial notice of other court records and files is limited to matters that are ind isputably true. This generally means that judicial notice is limited to the orders and judgments in the other court file, as distinguished from the contents of documents filed therein. (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97, 113; Arce v. Kaiser Found. Health Plan, Inc. (2010) 181 Cal.App.4th 471, 482- 484.) Code of Ci...

Excerpt: ..., 24, 25, 29, 31 -34, 36, 39 and 43- 48. As to #13 and 14, the court's file does not include any Exhibit W or X, but just a notation that they were allegedly filed under seal. However, the court's file shows none of Goldman's moving papers being filed under seal. Plaintiffs' supplemental Objections (ROA 527) are overruled. Plaintiffs had the opportunity to respond to Goldman's new evidence submitted on reply. As a threshold matter, Goldman ha...

Excerpt: ...g in injury.” (Kesner v. Superior Court (2016) 1 Cal.5th 113 2, 1158.) “Premises liability ‘is grounded in the possession of the premises and the attendant right to control and manage the premises'…” (Ibid.) Homeowners' associations have been held to owe duties similar to the duties of a landlord. (Frances T. v. V illage Green owners Assn. (1986) 42 Cal.3d 490, 499.) A duty of care may not be imposed on a landlord without proof that he ...

Excerpt: ...that she has not yet completed discovery. A court typically has discretion to grant a continuance, but the court must grant a continuance under CCP § 437c(h) on a good faith showing by declaration or affidavit that a continuance is needed to obtain facts essential to justify opposition to a summar y judgment motion. Ace Am. Ins. Co. v Walker (2004) 121 CA4th 1017, 1023 (continuance is “virtually mandated”). See also Dee v Vintage Petroleum, ...

Excerpt: ...tted, a redline version showing all changes, deletions and additions must be submitted as well. In addition, Plainti
¯ must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. Preliminary Matters Plainti
¯'s request for judicial notice (ROA 80) is GRANTED, but only as to the existence of the exhibits, not to the truth of anything asserted therein. (Evid. Code § 452(d).) As to the Settlement: 1. The...

Excerpt: ...f three separate entities. Plaintiffs bring suit derivatively on behalf of Reliant Management Group, LLC (“Reliant Management”), Riverside Postacute Care, LLC (“Riverside”), and RMG Capital Partners, LLC (“RMG Capital”). Moving Party has shown that the RMG Capital Operating Agreement contains a valid a rbitration agreement. However, Moving Party has failed to demonstrate why this arbitration agreement would apply to bind Reliant Manag...

Excerpt: ...st to compel arbitration. Plainti
¯'s individual claims and the individual portion of Plainti
¯'s PAGA claim are to be arbitrated on an individual basis. 2. The motion is DENIED WITHOUT PREJUDICE as to the request to dismiss the remainder of the action, i.e., the representative portion of Plainti
¯'s PAGA claim. This portion of the case is STAYED pending the resolution of Plainti
¯'s individual arbitration. An arbitration review conference wi...

Excerpt: ...24 at 8:30 a.m. in Department CX-101. GROUNDS FOR RULING I. Background Plainti
¯ Þled this class action/PAGA lawsuit on December 29, 2022. On October 23, 2023, a Þrst amended complaint (FAC) was Þled per stipulation of the parties. The FAC also is a class action with a PAGA component. Despite these pleadings, Plainti
¯'s opposition to the motion to compel arbitration refers to his lawsuit as “PAGA- only action.” (Opp. p. 2) He makes no r...

Excerpt: ...ires Plaintiff to litigate this claim in New York. Specifically, section 12 of the “ Grant of Restricted Units of Elm Bidco, L.P.” (the “Vesting Agreement”), (FAC at ¶ 21, Exh. 2) provides: This Vesting Agreement and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the Cay man Islands, the parties hereto hereby submit to the exclusive jurisdiction of the Federal and state...

Excerpt: ...nce, the documents are not properly identified. (See Cal. Rules of Court, rule 2.551(d)(2) [m aterial to be lodged under seal must be clearly identified as "CONDITIONALLY UNDER SEAL"].) The parties' stipulated protective order requires that the parties follow California Rules of Court, rules 2.550 and 2.551. (See Protective Order, at ¶ 18 [ROA 124].) The Clerk's Office properly did not conditionally seal those records. (See ROA...

Excerpt: ...se. A party may “simply call the court's attention to such papers.” ( Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 9:53.1a.) Huston moves to quash the service of summons for lack of personal jurisdiction. Cross - Complainants Michael Akpeke, MD, PL dba Delta Internal Medicine Cent er and Michael Akpeke did not oppose the motion. A party opposing a motion to quash service of process for lack of per...

Excerpt: ..., acting by and through its Department of Water and Power SERVICE: November 20, 2023, by U.S. mail and email RELIEF SOUGHT: Defendants move to stay or, in the alternative, to dismiss the action. UPCOMING EVENTS: Case Management Conference - March 6, 2024 FACTS/OVERVIEW: This case involves a dispute over the diversion of water from the Owens Valley, the resulting air pollution, and attempts to mitigate the impacts. On October 19, 2022, Plaintiff T...

Excerpt: ...uly 17, 2023, Plaintiff Lindsay A. Vasquez, individually and o n behalf of herself and all other similarly situated (“Plaintiff”), filed a Complaint against Defendant Aramark Campus, LLC (“Defendant”). (ROA 2.) The Complaint alleges a single cause of action for Civil Penalties under PAGA based on alleged violations of various wage -and -hour Labor Code provisions, including failure to pay minimum and overtime wages, failure to provide me...

Excerpt: ...e same generic claims that have been deemed legally insu
¯icient. (See, e.g., Taylor v. Superior Court (1979) 24 Cal.3d 890.) The Þrst amended complaint makes the same generic factual allegations but now also alleges that the defendant was convicted of driving under the inßuence of alcohol in 2015 and was given a “Watson advisement” as required by Vehicle Code section 23593. A Watson advisement informs the defendant that: “You are hereby...

Excerpt: ...Rock Holdings, LLC; TwinRock Partners, LLC; Mo Azzurri, LLC; TRP Management Murray field, LLC; TRP Management Azzurri, LLC; TRP Management VIII, LLC; and TwinRock Management, Inc. (collectively, the “TwinRock Defendants”) Responding Party: Plaintiffs West Coast Lending, Inc.; Trenton Rhodes; and California Anchor Consulting, Inc. SERVICE : August 18, 2023, by electronic transmission RELIEF SOUGHT: Intervening Plaintiffs ask the Court to ente...

Excerpt: ...und of lack of jurisdiction of the court over him or her.” “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plainti
¯ to prove … the facts requisite to an e
¯ective service.” [Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413 (internal quotes omitted); see Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1163.] Therefore, even though defendant is the moving par...

Excerpt: ...es that a proper meet and confer was held to resolve the matter. That said, the court concludes that judicial economy—this is the second time the motion has been here—to move forward based on the limited information it has. This is a personal injury case. Plainti
¯ asserts she fell on her side and head from a height of three feet. The motion to quash is generic. It simply argues that the disclosure of medical records would invade plainti
¯'...

Excerpt: ...t, is GRANTED in part and CONTINUED in part. (Code Civ. Proc., §§ 2023 .010, subd. (g), 2030.030, subds. (a) and (d)(3), 2031.300, subd. (e), CCP 2031.310, subd. (i) [authorizing motion].) Moving party's request for monetary sanctions is GRANTED. Monetary sanctions in the amount of $1,860.00 are imposed against defendants / crosscomplainants/cross- defendants James Turco, Margaret Cheng -Turco, Simone II, LLC, JM Investment Group, LLC, American...

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

Excerpt: ... section 583.210 and 583.250. Moving Defendants contend that the summons and complaint has not been served upon any of the Moving Defendants within three years after this action was commenced as required by Code of Civil Procedure section 583.210(a) such that dismissal is mandatory and jurisdictional. More speciÞcally, Moving Defendants assert that the this case was Þled on June 17, 2019; that the statutory 3-year deadline is June 17, 2022; tha...

Excerpt: ...ix months of Þling. For the following reasons, defendants' motion is denied. Section 583.310 provides that “[a]n action shall be brought to trial within Þve years after the action is commenced against the defendant.” For certain cases, including this one, this period was extended for six months by COVID-19 pandemic emergency rules. Section 583.360(a) states that dismissal for failure to bring a case to trial within the required period is ma...