Excerpt: ...f contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Fifth Cause of Action: Intentional Inßiction of Emotional Distress (“IIED”) To state a claim for IIED, a plainti
¯ must allege "(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plainti
¯'s su
¯ering severe or extreme emotion...

Excerpt: ...s in a complaint.” (Rakestraw v. Cal. Physicians Service (2000) 81 Cal.App.4th 39, 42.) Plainti
¯s well-pleaded facts are assumed to be true by the Court, but the Court does not assume the truth of contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Third Cause of Action: Breach of Implied Warranty Defendants argue that the third cause of action for breach of implied warranty must fail because...

Excerpt: ...fense]; CACI No. 4552 [same].) Virzi shows its work at the property was completed and accepted on 9/18/19. (See Def. SSUF # 13, 15, 17.) The alleged defect consists of a raised wheel stop/parking block in the blue-striped pedestrian access aisle next to a parking space for persons with disabilities. (See Def. SSUF #2; Def. Evid. (ROA #185), Ex. B [Pl. Depo. 39:9-40:9, 44:1-14]; see also Compl. ¶¶ 10-11; Pl. Evid. (ROA #213), Ex. A.) This is a p...

Excerpt: ...y tailored; and 5) No less restrictive means exist to achieve the overriding interest. Petitioner's request to seal the applicable records, as submitted in their already redacted form, is GRANTED. Pursuant to CRC 2.550(e), the court concludes that the proposed sealed portions are properly sought and agrees with petitioner that disclosure “would … disclose private, conÞdential and sensitive medical information ….” Petitioner's request for...

Excerpt: ...irst, the court disagrees with L.A. Care that County of Santa Clara v. Superior Court (2023) 14 Cal.5th 1034 stands for the proposition that Plainti
¯s are limited to a quantum meruit claim. In County of Santa Clara, the California Supreme Court considered whether a lawsuit for reimbursement of emergency medical services may be maintained against a health care service plan operated by a public entity or whether the Government Claims Act immunize...

Excerpt: ...6) 177 Cal.App.3d 792, 802 [“the statute or ‘enactment' must at the very least be identiÞed” in the complaint].) Here, the 4th cause of action identiÞes Government Code section 815.6, which codiÞes the negligence per se doctrine against public entities who violate mandatory statutory duties. (FAC ¶ 142.) The speciÞc statues allegedly imposing mandatory duties on defendant are then identiÞed as Education Code section 32261, 32280-32282...

Excerpt: ... in some respects uncertain, because ambiguities can be clariÞed under modern discovery procedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Errors and confusion created by “the inept pleader” are to be forgiven if the pleading contains su
¯icient facts entitling plainti
¯ to relief. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) A demurrer for uncertainty should be overruled if the facts are presumpt...

Excerpt: ...' request for judicial notice of Exhibits A through E (ROA 65), is granted. (Evid. Code, § 452, subd. (c); see Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 194.) In taking judicial notice, the court does not take judicial notice of the truth of the matters stated therein. (Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Violations of California Foreclosure Statutes (Civ. Code §§ 2924 et seq., ...

Excerpt: ...ings, without leave to amend. UPCOMING EVENTS: Case Management Conference, March 27, 2024 FACTS/OVERVIEW: This is a PAGA-only action. On July 28, 2023, Plainti
¯ Gustavo Chavez Franco, solely as a representative of the Labor & Workforce Development Agency and the Aggrieved Employees (“Plainti
¯”), Þled a PAGA Representative Action Complaint against Defendant Padilla Construction Company (“Defendant”). (ROA 2.) The Complaint alleges Def...

Excerpt: ...Group 2023) ¶ 7:162.1.) The court exercises its discretion to consider the merits of the demurrer and motion to strike. Plainti
¯s opposition exceeded the 15-page limit, without seeking leave to Þle a longer memorandum. The opposition also did not include a table of contents or table of authorities. (Cal. Rules of Court, rule 3.1113(d) & (f).) The court considered the opposition, given that Defendant improperly combined the demurrer and motio...

Excerpt: ...presented evidence that discovery in this matter would result in the production of conÞdential and proprietary documentation. (Newman Decl., ¶ 4.) Further, the parties agreed a protective order is warranted, and they agreed to the language of the protective order. (Newman Decl., ¶¶ 89.) 2. Motion for Judgment on the Pleadings The court DENIES American Express's motion for judgment on the pleadings – as to (1) the Cross- Complaint Þled by C...

Excerpt: ...should submit an amendment to the settlement agreement rather than any amended settlement agreement. Counsel also should provide a red- lined version of any revised papers, including 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 declaration or brief that si...

Excerpt: ... sustained. Defendant's remaining objections are overruled. New Evidence Submitted With Reply Plainti
¯s submitted new evidence in support of their reply. “The general rule of motion practice . . . is that new evidence is not permitted with reply papers. . .‘[T]he inclusion of additional evidentiary matter with the reply should only be allowed in the exceptional case . . .' and if permitted, the other party should be given the opportunity to...

Excerpt: ...rovement that proximately caused injury to private property. Paterno v. State of California (2003) 113 Cal. App. 4th 998, 1029. Here, plainti
¯s' allegations of the City's substantial participation are insu
¯icient as a matter of law. Plainti
¯s allege in ¶71.1 of the Second Amended Complaint, “Defendant City of Cypress never reviewed the proposed land use instituted by Defendant Cypress School District in July 2021, and further did not app...

Excerpt: .... In the alternative, Travelers moves for summary adjudication of each cause of action in LaBarre's Third Amended Cross-Complaint (3AXC). For the reasons set forth below, the motion for summary judgment is GRANTED. EVIDENTIARY MATTERS A. LaBarre's Objections to the Declarations of Shadie Maghareh and Shryl Anderson All objections are overruled. B. Travelers' Objections to the Declaration of Neal Bordenave Objections 1-5, 8-13, and 15-17 are overr...

Excerpt: ...s to one which the court Þnds acceptable), in which case defendant must provide supplemental responses within 90 days only for employees who do not respond within 60 days that they do not want their information shared. The supplemental responses will be subject to a protective order whereby the information provided may be used only for purposes of this litigation. Plainti
¯'s Special Interrogatories #1 and 2 seek the contact information of puta...

Excerpt: ... also moves to stay this litigation pending the completion of arbitration. FACTS/OVERVIEW: On August 4, 2022, after Defendants produced a copy of an arbitration agreement purportedly signed by Plainti
¯ at the commencement of his employment, Plainti
¯ Þled a Request for Dismissal of Class Allegations Without Prejudice. (ROA 25.) The Order dismissing the class claims was entered on August 30, 2022. (ROA 28.) On July 6, 2023, Plainti
¯ and Defe...

Excerpt: .... In the alternative, Travelers moves for summary adjudication of each cause of action in LaBarre's Third Amended Cross-Complaint (3AXC). For the reasons set forth below, the motion for summary judgment is GRANTED. EVIDENTIARY MATTERS A. LaBarre's Objections to the Declarations of Shadie Maghareh and Shryl Anderson All objections are overruled. B. Travelers' Objections to the Declaration of Neal Bordenave Objections 1-5, 8-13, and 15-17 are overr...

Excerpt: ...payment of the disputed monetary discovery sanctions on 01/18/24. (Khojayan Dec. ¶ 2, Exh. 1.) All requests for sanctions are denied. Defendant is ordered to give notice. Motion No. 2: Defendant Yao Geng's Motion to Stay Action is DENIED. An application for a stay is addressed to the “sound discretion” of the trial court. “In exercising its discretion, the court should consider the importance of discouraging multiple litigation designed so...

Excerpt: ...., ¶ 2, Ex. 1.) After Plainti
¯ Þled his Motion, Defendant also served a veriÞcation for its initial response to the Form Interrogatories. (Williams Decl., ¶ 3, Ex. 2.) Plainti
¯'s request for sanctions is DENIED for failure to comply with Code of Civil Procedure section 2023.040. Plainti
¯ to give notice. Plainti
¯'s Motion to Compel Defendant Martin Lopez's Responses to Form Interrogatories General Set One, and Request for Sanctions Pla...

Excerpt: ..., Nos. 2 through 8, and to Requests for Production, Set Two, No. 3. UPCOMING EVENTS: Status Conference – 02/07/2024; Motion to Strike – 04/05/2024 FACTS/OVERVIEW: This is a putative wage-and-hour class action and PAGA matter. On February 7, 2022, Plainti
¯ Alondra Rosas Valencia, as an individual and on behalf of other similarly situated employees (“Plainti
¯”) Þled a Complaint against Defendant NGK Spark Plugs (U.S.A.), Inc. (“Defen...

Excerpt: ..., the court will refer to contentions contained in the GHH Brief and the DHCD Brief as to both Petitions. Further, the court will refer to Respondents' (City of Anaheim and City Council of Anaheim) Oppositions to the GHH Brief and the DHCD Brief in addressing the issues. SpeciÞcally, Respondents Þled their Opposition to the GHH Brief (GHH Opposition) on 818-23 under ROA No. 280, and their Opposition to the DHCD Brief (DHCD Opposition) on 9-18-2...

Excerpt: ... ownership interest she received in Plaza 205, and (#28) the 25% ownership interest she received in the Harbor Gateway Project. Goldman asserts the tax return privilege, but that privilege does not apply here. Goldman concedes that courts will Þnd a waiver of the tax return privilege where the gravamen of the lawsuit is so inconsistent with the continued assertion of the taxpayer's privilege as to compel the conclusion that the privilege has bee...

Excerpt: ...acle Light Industrial, LLC (“Defendant”) alleging violations of Labor Code section 2802 for Defendants failure to reimburse necessary business expenses. (ROA 2.) On July 16, 2021, Plainti
¯ Þled the operative First Amended Complaint (“FAC”) adding a PAGA claim. (ROA 17.) The class consisted of those employees who sought mileage/travel reimbursement. An Unlawful Business Practices claim is alleged on the same basis. The PAGA claim is ba...

Excerpt: ... interrogatories, instead, stating in response to most of them, that “Plainti
¯ was not employed by Del Signore, nor is Del Signore synonymous with Truclear.” Each answer in the response must be “as complete and straightforward as the information reasonably available to the responding party permits. If an interrogatory cannot be answered completely, it shall be answered to the extent possible.” (Code Civ. Proc., § 2030.220, subds. (a) &...

Excerpt: ...ation.” (Code Civ. Proc., § 36, subd. (a), emphasis added; Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 12:246:1 [“Trial priority is not mandatory and absolute merely because one of the parties is age 70. The court has discretion to determine the extent of that party's interest and Þnd as a matter of fact the risk posed of that party's death or incapacity if trial is delayed.”].) Plainti
¯s s...

Excerpt: ...to submit all of her individual claims to binding arbitration, and dismissing the class claims without prejudice. UPCOMING EVENTS: Case Management Conference, February 21, 2024 FACTS/OVERVIEW: This is a putative wage-and-hour class action. On July 14, 2023, Plainti
¯ Lingyan Xing, individually and on behalf of all other similarly situated current and former employees (“Plainti
¯”), Þled a Class Action Complaint against Defendant Winn, Inco...

Excerpt: ...Inßiction of Emotional Distress. In OCSC Case No. 23-01321684, styled Lucy Pham Le v. Jin Xiong Liu, et al., Ms. Le asserts a single cause of action for Partition. Both cases are directed at disputes regarding the same property located at 12232 Circula Panorama, Santa Ana, CA. Pursuant to CCP §430.10(c), a defendant may bring a special demurrer to a pleading on the basis “[t]here is another action pending between the same parties on the same ...

Excerpt: ... each cause of action is uncertain and fails to state facts su
¯icient to support a cause of action. The Court notes that the instant demurrer and motion to strike were Þled on 07/25/23 by the A. Nathan Dawood Defendants, prior to the Þling of the FAC on 09/15/23, but it appears that the counsel for the parties met and conferred concerning deÞciencies to the FAC on 07/19/23 by phone, prior to the Þling of the instant demurrer and motion to s...

Excerpt: ...ding, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundi
¯ v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) According to the First Amended Complaint (FAC), Defendant Jennifer White accused Frances McLuen of calling Defendant White a racial slur. (FAC, ¶ 10.) Jennifer White allegedly recorded this interaction and later posted a video of the interaction online on Nextdoor, ...

Excerpt: ...), which provides that “summary adjudication shall be granted only if it completely disposes of a cause of action, an a
¯irmative defense, a claim for damages, or an issue of duty.” (Emphasis added.)) The complaint (ROA 2) contains a single cause of action for medical negligence. It alleges that, on December 26, 2021 and thereafter, all Defendants, including the moving Defendant, undertook the care and treatment of the plainti
¯ in connecti...

Excerpt: ... memorandum as waiver of all grounds not supported. CRC 3.1113(a). Based upon these grounds, the Court sustains the unopposed demurrer. Although the demurrer is unopposed, the Court Þnds that Plainti
¯ should be given an opportunity to cure the defects in the operative complaint that were raised by Defendant in the demurrer. First Cause of Action – Negligence The statute of limitations for negligence, other than personal injury or property da...

Excerpt: ...r provided.” (Code Civ. Proc., § 1021.) Civil Code section 1717 authorizes an award of reasonable attorney's fees and costs to the prevailing party on contract causes of action. Civil Code section 1717 states: “(a)In any action on a contract, where the contract speciÞcally provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the p...

Excerpt: ...action for (1) breach of equipment Þnance agreement; (2) recovery of possession of personal property; (3) breach of guaranty; and (4) indebtedness, and that they defended this case until on May 16, 2023, Plainti
¯ voluntarily dismissed its Complaint against Defendants. Defendants contend that they are the prevailing party under Code of Civil Procedure section 1032, regardless of whether the action is voluntarily dismissed with or without prejud...

Excerpt: ...he following Þndings: [¶] (1) The party has a substantial interest in the action as a whole. [¶] (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. . . . (f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motio...

Excerpt: ... (See Cal. Code Civ. Proc., §437c, subds. ()(1) and (p)(2); Aguilar v. Atlantic RichÞeld Co. (2001) 25 Cal.4th 826, 850-851.) In support o their Motion, Plainti
¯s cite to Deendant's responses to various requests or admission and a corresponding Form Interrogatory No. 17.1. Plainti
¯s contend that Deendant's responses are devoid o actual content, evasive, and demonstrate that Deendant has no evidence to support the a
¯irmative deens...

Excerpt: ...action for negligence, count two of the Þrst cause of action for liability under Civil Code section 846, and the second cause of action for general negligence are without merit as Plainti
¯ intends to Þle an Amended Complaint to remove these causes of action. Still, these causes of action are in the operative Complaint and the court will address them below. I. THE MOTION IS GRANTED AS TO COUNT ONE OF THE FIRST CAUSE OF ACTION AND THE SECOND CA...

Excerpt: ...ad problems with it, he brought it into Ken Grody Ford for repairs. Unhappy with the results, plainti
¯, with the assistance of counsel that specialize in Lemon Law cases, sent a letter dated February 28, 2022, outlining the problems and demanding that Ford repurchase the truck. (See Exh. “5.”) The matter settled pre-litigation. On July 13, 2022, plainti
¯ and Ford Motor Company entered into an agreement that provided that Ford would pay pl...

Excerpt: ...nti
¯ made a reasonable investigation of the condition 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 obvious, particularly when there are alternatives which could have been undertaken. Code of Civil Procedure section 1008(a) provides: “When an app...

Excerpt: ..., but do[es] not assume the truth o contentions, deductions, or conclusions o law.” (Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 967, citing Moore v. Regents o Univ. o Cal. (1990) 51 Cal.3d 120, 125.) A demurrer challenges only the legal su
¯iciency o the a
¯ected pleading, not the truth o the actual allegations in the pleading or the pleaders ability to prove those allegations. (Cundi
¯ v. GTE Cal., Inc. (2002) 101 Cal.Ap...

Excerpt: ...n, and speculation. Mr. Lamkin states that he conducts “internal investigation into Judgment Debtors” for E-Tail. (Lamkin ¶1) Based on his “investigation,” he submits copies of documents that he obtained from the internet and makes several conclusions as to the alter ego and successor corporation theories. E-Tail states that Lamkin “is not an attorney and presents his declaration as a lay witness.” (Reply at 5:16) E-Tail argues that ...

Excerpt: ...ictional discovery. 6 Motion to quash based on service of Eduardo Cosentino in British Columbia CG is a Spanish company headquartered in Spain. Vela Decl. (ROA 266) ¶ 4. Plainti
¯s personally served Eduardo Cosentino, CG's Executive Vice President for Global Sales, with the summons and complaint in Burnaby, British Columbia on September 13, 2023. Metzger Decl. (ROA 486) Ex. 4. CG contends personal service on its Executive Vice President for Glo...

Excerpt: ...action involving commerce.'” (Allied-Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 277 [quoting 9 USC § 2] [emphasis in original].) The arbitration provision contained in the Residence and Service Agreement (“RSA”) states that claims including claims for personal injury or wrongful death shall be resolved by binding arbitration “in accordance with the Federal Arbitration Act.” (Zaragova Decl., Ex. B, para. 19.) Plainti
...

Excerpt: ...ion to compel arbitration. As an initial matter, the Court notes it is unclear whether service on respondent Dan Nguyen aka Dan Ngoc Nguyen aka Huu Dan The Nguyen (“Nguyen”) by mail and certiÞed mail with return receipt requested is proper. Petitioner previously represented to the Court that Nguyen no longer maintained a mailbox at the address where the current petition was mailed. (Diaz Decl. in Support of Application for Order for Service ...

Excerpt: ...ection with a public issue shall be subject to a special motion to strike, unless the court determines that the plainti
¯ has established that there is a probability that the plainti
¯ will prevail on the claim.” This section is to be construed broadly. (Code Civ. Proc. § 425.16(a).) The court's determination of an anti-SLAPP motion is a two-step process. First, the court determines if the party moving to strike a cause of action has met its...

Excerpt: ...1-01236442, which is a proceeding in probate court. Plainti
¯ opposes the motion and objects to the certain of the documents for which judicial notice is requested, including a declaration that he Þled in this case in connection with an ex parte application for a TRO and OSC re: preliminary injunction. In that all documents were Þled in this action or the probate action, the Court takes judicial notice of them. To the extent that the notice of...

Excerpt: ... another manner speciÞed in this article and that either: (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action[; or] (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interes...

Excerpt: ...ncing evidence that the defendant has been guilty of oppression, fraud, or malice, the plainti
¯, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” (Civ. Code §3294, subd. (a).) Civil Code section 3294, subdivision (c)(1) deÞnes “malice” as “conduct which is intended by the defendant to cause injury to the plainti
¯ or despicable conduct which is carried on by the de...

Excerpt: ...s. If a timely motion to compel has been Þled, the responding party has the burden to justify any objection or failure fully to answer the discovery requests. (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220-221.) Request for Admissions The Court Þnds Plainti
¯'s response to RFA 1 is not “as complete and straightforward as the information reasonably available to the responding party permits.” (Code Civ. Proc., § 2033.220(a).) RFA 1 ask...

Excerpt: ...s each appears to exceed the appropriate scope of discovery based on what has been shown here to date. For Interrogatory Nos. 13-18, the Motion is GRANTED IN PART. For Nos. 13 -15, GM is to identify (and produce, on Motion 2 below) its warranty policy/procedure manuals and claim handling manuals for the period between Plainti
¯s date of purchase and the date of suit; the Motion is otherwise DENIED. Motion 2 is GRANTED IN PART. SpeciÞcally, the...

Excerpt: ...hat it “will comply in part and produce the following documents in its possession, custody or control: [list of documents].” Plainti
¯ contends these responses are deÞcient because (1) no privilege log was provided for withheld documents and (2) the responses are not code compliant as they do not state that GM has conducted a diligent search for responsive documents. In opposition, GM contends that it has already produced responsive documen...

Excerpt: ... the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without merit or too general.” Defendant's motion seeks a further response to Form Interrogatories 9.1/9.2 and 17.1. Plainti
¯ objected to 9.1/9.2 on the grounds that manner in which defendant deÞned the term, “incident,” made the interrogatory vague and ...

Excerpt: ...�c performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. Defendant carried its burden of proving the existence of a valid arbitration agreement by the preponde...

Excerpt: ... a valid and enforceable arbitration agreement found in Section M(2); that the arbitration provision in the home warranty service plan subjects all of Plainti
¯s' claims to an arbitrator, including on issues related to the applicability or arbitrability of the contract, including any disputes over payments; and that the arbitration provision explicitly delegates all questions of arbitrability to the arbitrator such that questions of whether the ...

Excerpt: ...l based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2.551(a).) “A party requesting that a record be Þled under seal must Þle a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts su
¯icient to justify the sealing.” (Cal. Rules of Court, rule 2.551(b)(1); see Cal. Rules of Court, rule 2.551(b)(2) [m...

Excerpt: ... 418.10(a) provides that a defendant, “on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and Þle a notice of motion… [t]o quash service of the summons on the ground of lack of jurisdiction of the court over him or her. Minimum Contacts A nonresident defendant may not be called upon to defend in a foreign forum unless he or she has minimal contacts with that sta...

Excerpt: ...ogatories and Requests for Production of Documents within 30 days of receiving notice of this ruling. Plainti
¯'s R e q u e s t s f o r Admission to both DAG & Associates, Inc. and FloorIt Financial, Inc. are deemed admitted. Defendants are ordered to pay Plainti
¯ total sanctions of $3,553.20 ($592.20 per motion), or $1,776.60 per Defendant. A party can Þle a motion to compel initial responses to its interrogatories, and its requests for prod...

Excerpt: ...g the discovery sought by the inspection demand pursuant to Code Civ. Proc., § 2031.310(b)(1).] To establish “good cause,” the burden is on the moving party to show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) speciÞc facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial...

Excerpt: ... grants Defendant's request to judicially notice its Exhibits 1-4. Objections The Court sustains evidentiary objections nos. 4-7, and 11 to the Declaration of Plainti
¯s' Counsel Deborah Rosenthal. The remainder of the objections by both sides are overruled. Legal Standard Pursuant to Code of Civil Procedure section 526 provides for when an injunction may be granted. Code of Civil Procedure section 526, subdivision (a)(3) provides that an injunc...

Excerpt: ...action against Defendants Gunlei Corporation, Egreen Transport Corporation, Hong Chen, Jing (Amy) Song, Yu Wang (Monica), Wen Chen, Elaine Huang, and Lucy Luo. On 11/04/21, Plainti
¯ Þled a First Amended Complaint (“FAC”), substituting Plainti
¯s William Young and Jennifer Young for Plainti
¯ JBY Enterprises. The FAC alleges causes of action for: 1. Interference with prospective advantage; 2. Breach of contract; 3. Material misrepresentat...

Excerpt: ...n, or undue burden and expense.” (Code Civ. Proc., § 2031.060(b)(5).) This includes orders that: “a trade secret or other conÞdential research, development, or commercial information not be disclosed or be disclosed only to speciÞed persons or only in a speciÞed way.” (Ibid.) CCP § 2017.020 provides that: “The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearl...

Excerpt: ...tate a cause of action or discloses a complete defense.” (Id.) The Court assumes “the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken.” (Id.) “A demurrer must dispose of an entire cause of action to be sustained.” (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal. App. 4th 97, 119.) First Cause of Action – F...

Excerpt: ...ection 387 provides for mandatory and permissive intervention. Section 387, subdivision (d)(1) states the requirements for mandatory intervention: “(d)(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisÞed: (A) A provision of law confers an unconditional right to intervene. (B) The person seeking intervention claims an interest relating to the p...

Excerpt: ...ims “aris[e] rom” protected activity in which the deendant has engaged. (Code Civ. Proc., 426.15(b) [deÞning protected activity]; Simpson Strong-Tie Co., Inc. v. Gore (2010) 49 Cal.4th 12, 21; Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 66–67 I the deendant carries its burden, the plainti
¯ must then demonstrate the claims have at least “minimal merit.” (Navellier v. Sletten (2002) 29 Cal.4th 82, 89; Baral v....

Excerpt: ... protective order must issue because “a real possibility of Criminal Action remains open against Defendant.” (Motion, 10:8-9.) Defendant further argues that this is because any information Plainti
¯s seek during discovery will force Defendant to assert his Fifth Amendment rights, and forcing the Court to rule on this many assertions of the Fifth Amendment will be a waste of the parties and the Court's resources. However, as to the status of ...

Excerpt: ...rbug Smart 2, fails because the Smart 2 was not part of the parties contract. TCTs evidentiary objection no. 24 to the Carlos Becerra declaration is OVERRULED. As to the remainder of the objections, the Court need not rule on them as they are not material to a disposition of this Motion. (Code Civ. Proc., § 437c(q).) The sole dispute in this case is whether the term “Jitterbug Smart” in the parties SOW was intended to include the subseque...

Excerpt: ...n from engaging in, committing, or performing, directly or indirectly, as to the four (4) foot wide Strip of Land described in paragraphs 5 through 9 of the amended complaint, from obstructing or interfering with Claudia's access to and use of such Strip of Land for her foot travel egress from the ear of her home at 11592 Desmond Street, Garden Grove, CA 92841 (Lot 35), to her front curb, and ingress from the front curb to the rear of her home, w...

Excerpt: ...n or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc. § 437c(a)(1).) “A summary judgment may be granted only where it is shown that the entire ‘action' ‘has no merit.' [Citation.]” (Hypertouch, Inc. v. ValueClick, Inc. (2011) 192 Cal.App.4th 805, 834.) There is a three-step analysis for the court to determine a summary judgment motion. (Hawkins v. Wilt...

Excerpt: ...here is no triable issue of material fact and the moving party is entitled to judgment as a matter of law. (McCabe v. American Honda Motor Co. (2002) 100 Cal.App.4th 1111, 1119; C.C.P. § 437c(c).) Where a defendant is the moving party, it must establish that one or more of the elements of a cause of action cannot be established or that a complete defense exists to the cause of action. (Id.; C.C.P. § 437c(o).) If the defendant meets this burden,...

Excerpt: ...28, 829; Knutson v. Sirius XM Radio Inc. (9th Cir. 2014) 771 F.3d 559, 565.) In determining the validity or “the rights of parties to enforce an arbitration agreement within the FAAs scope, courts apply state contract law while giving due regard to the federal policy favoring arbitration.” (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 236.) “The party seeking arbitration bears the burden of pr...

Excerpt: ...ve a timely response, the following rules apply: [¶] (a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010)…[¶] (b) The party propounding the interrogatories may move for an order compelling ...

Excerpt: ...he basic elements of a negligence action are: (1) The defendant had a legal duty to conform to a standard of conduct to protect the plainti
¯, (2) the defendant failed to meet this standard of conduct, (3) the defendant's failure was the proximate or legal cause of the resulting injury, and (4) the plainti
¯ was damaged as a result of the breach. Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917; CACI 400. “Premises liability is a form o...

Excerpt: ...1350. Additionally, the proof of service which lists all of the documents served by Verde in connection with the MSJ does not mention that a separate statement was served, even though it appears plainti
¯ received the document because she provided a response. In the motion, Verde seeks summary judgment as to the Complaint Þled by plainti
¯ Ying Qi in which she alleges a single cause of action for Premises Liability against Verde. Verde is alle...

Excerpt: ...ection 340.6, subdivision (a) (section 340.6(a)). (See Code Civ. Proc., § 437c, subds. (a), (p)(2) [burden]; Aguilar v. Atlantic RichÞeld Co. (2001) 25 Cal.4th 826, 850-851 (Aguilar) [same]; see also Code Civ. Proc., § 340.6, subd. (a) [applicable one-year statute of limitations].) The TAXC alleges a single cause of action for legal malpractice arising out of cross-defendants' representation of cross-complainant Martha Walters (Martha) in an u...

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

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

Excerpt: ...to June 30, 2023, as well as identiÞcation of each category of patients' responsible parties. Defendant requests a protective order as to these requests, citing privacy concerns for the residents at issue. “In Hill, we established a framework for evaluating potential invasions of privacy. The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circum...

Excerpt: ...v. Code §§ 1717 and 5975(c). (Almanor Lakeside Villas Owners Assn. v. Carson (2016) 246 Cal. App. 4th 761, 773.) While fees are recoverable, they must be reasonable incurred and are subject to the lodestar method for determination of the proper sum. (PLCM Grp. v. Drexler (2000) 22 Cal. 4th 1084, 1095.) Although there was apparently a contractual agreement between Plainti
¯s and their counsel for a $250/hr. billing rate, Plainti
¯s' counsel in...

Excerpt: ...he Þrst ground and does not reach the second. 1) COA No. 5 – Fraudulent Inducement – Concealment Concealment is, “[t]he suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact” (Civ. Code § 1710(3).) “To state a claim for fraudulent concealment under California law, a plainti
¯ must allege: “ ‘(1) a misrepresentation (fal...

Excerpt: ... plainti
¯.” (Rannard v. Lockheed Aircraft Corp. (1945) 26 Cal.2d 149, 154.) “[I]n cases involving automobiles or other vehicles, it is su
¯icient to aver that defendant negligently operated the vehicle without alleging how or in what respect it was done.” (Id. at 155.) Likewise, it is su
¯icient to allege damages “as a direct and proximate consequence and result” of the negligence. (Id. at 156.) “[N]egligence and proximate cause m...

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

Excerpt: ...ce camera and system ocused on the area. Site inspections are permissible under Code o Civil Procedure section 2031.010, et seq. Through no ault o Plainti
¯s, they were unable to view/access the surveillance system at the school. While the system is purported to be controlled at a district o
¯ice and not at the school itsel, Deendant stated the camera view may be accessed on-campus through a laptop. This was unable to occur at the origina...

Excerpt: ...rved on Plainti
¯s counsel at the wrong email address. Plainti
¯ contends Defendant still has not served the moving papers and served and Þled an opposition on the merits. (Mahnke Decl., ¶ 6.) No proof of service has been Þled to show the moving papers were properly served. The Court exercises its discretion to consider the moving papers. The Court notes Plainti
¯s proof of service states the opposition was served on 9/19/2023, the reques...

Excerpt: ...ain circumstances as laid out in Civ. Proc. Code § 2031.310(a). “Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the disc...

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

Excerpt: ....2, 12.1 – 12.7, 14.1, 14.2, and 50.1 – 50.6, without objections within 30 days of service of the notice of ruling. Plainti
¯ Katarzyna Nowocin-Kowalczyk is ORDERED to pay to Defendant Lotus Property Services, Inc sanctions in the amount of $852 (3.3 hours x $240 per hour in reasonable attorney's fees and $60 in motion Þling fees) within 30 days of service of the notice of ruling. Defendant Lotus Property Services, Inc. moves to compel resp...

Excerpt: ...on, set one (“RFPs”), nos. 11-19, 20- 23, and 39-48, is granted in part and denied in part. The court sustains Defendants' objection to “outside” in nos. 13 and 17 as vague and ambiguous. The motion to compel further responses is denied to this extent. Otherwise, the motion is granted with the limitation that where information about prior incidents is requested, limit response to incidents that are similar insofar as they involving unauth...

Excerpt: ... June 27, 2023 and denied the notice to deem related. [ROA 45] Also on November 15, 2023, the Naylonnavarette court (C32) issued a minute order and denied her ex parte application to relate the cases based on the minute order issued by the Nguyen court (C18). [2023-1322713, ROA 57] This motion ollowed. As a general proposition, one Superior Court judge is not permitted to reconsider an order o another Superior Court judge. The power o a judge ...

Excerpt: ...ary 1, 2024, at 2:00 p.m. in Department N15. Plainti
¯ Cliq, Inc. f/k/a Cardßex, Inc.'s Motion for An Order that the Truth of Any Matter SpeciÞed in Requests for Admissions to Capital Managers, LLC Be Deed Admitted is CONTINUED to February 1, 2024, at 2:00 p.m. in Department N15. Plainti
¯ Cliq, Inc. f/k/a Cardßex, Inc.'s Motion for An Order that the Truth of Any Matter SpeciÞed in Requests for Admissions to Eventus Holdings, LLC Be Deed Ad...

Excerpt: ...ary 1, 2024, at 2:00 p.m. in Department N15. Plainti
¯ Cliq, Inc. f/k/a Cardßex, Inc.'s Motion for An Order that the Truth of Any Matter SpeciÞed in Requests for Admissions to Capital Managers, LLC Be Deed Admitted is CONTINUED to February 1, 2024, at 2:00 p.m. in Department N15. Plainti
¯ Cliq, Inc. f/k/a Cardßex, Inc.'s Motion for An Order that the Truth of Any Matter SpeciÞed in Requests for Admissions to Eventus Holdings, LLC Be Deed Ad...

Excerpt: ...su
¯icient evidence to show that Attorney Behle is likely to be a witness governing relevant events. Testimony regarding purported cause for plainti
¯'s termination can be obtained from other sources, and there is no evidence that Behle's testimony regarding the formation and/or value of TEM Capital is necessary or even likely. (Doe v. Yim, supra at 583-584 [“In exercising its discretion to disqualify counsel under the advocate- witness rule,...

Excerpt: ...ition, but shall do so no later February 8, 2024. Defendant Law O
¯ices of Sunil Shah moves to set aside the default entered on July 25, 2023. (See ROA #256.) Standard to Set Aside Entry of Default or Default Judgment The Civil Procedure Code authorizes the court to “relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surpri...

Excerpt: ...ise, or excusable neglect, or he seeks relief based on the mandatory relief provision of Section 473(b) and his attorney's mistake, inadvertence, surprise, or neglect. The notice and motion only refer to relieve under the discretionary relief provision of Section 473(b), but Grantham attaches a declaration by his attorney, Mr. Iskander, who vaguely claims the default was entered due to his mistake (to the extent it was a mistake) in Þling the an...

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

Excerpt: ...an v. White (2021) 71 Cal.App.5th 358, 371—“[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void” (internal quotes and citation omitted).] A defendant is under no duty to respond in any way to a defectively served summons. It makes no di
¯erence that...

Excerpt: ... Dara Whitworth, Mackenzie Whitworth, and Ryland Whitworth. (ROA 264.) On April 18, 2023, Plainti
¯'s c o u n s e l Timothy Fatone submitted a declaration as an “Opposition to Defendant Ford Motor Company's Motions to Compel Deposition of 3rd Party Witnesses.” Mr. Fatone stated he was not opposing the motion and “My o
¯ice is willing to produce all three witnesses for deposition (Dara, Ryland and McKenzie Whitworth) now that all the parti...

Excerpt: ...gatory no. 12.1, GM provided only a cursory response. The party responding to an interrogatory is to make a reasonable and good faith e
¯ort to obtain the information by inquiry to other natural persons or organizations, and has a duty to conduct a reasonable investigation to obtain responsive information and furnish information from all sources under his or her control. (Regency Health Services, Inc. v. Superior Court (1998) 64 Cal.App.4th 1496...

Excerpt: ...ny dispute between Owner and Broker relating to this Agreement, the Property or Owner or Brokers performance hereunder, Owner and Broker agree that such dispute shall be resolved by means of binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association . . . .” (Id. at ¶11.) Defendant does not dispute the existence of the above agreement, her signature thereon, or its application to Plainti
¯...

Excerpt: ...this motion. The court thus refrains from ruling on the evidentiary objections for that reason and all of the objections shall be considered preserved. Defendant Shana Hernandez specially moves to strike all claims in the First Amended Complaint Þled by Plainti
¯ Harper's Pharmacy, Inc. pursuant to Civil Procedure Code section 425.16 (AntiSLAPP Statute). Standard for Special Motion to Strike (Anti-SLAPP) Civil Procedure Code section 425.16(b) p...

Excerpt: ...aint) the Request is denied, on the basis the attached exhibits are not Þle-stamped. As these documents give no indication they were Þled, it is unclear whether they constitute “court records” for purposes of Evidence Code section 452, subdivision (d). The remainder of the request is granted. The doctrine of res judicata has two aspects: claim preclusion and collateral estoppel. People v. Barragan (2004) 32 Cal.4th 236, 252. “The prerequi...