Excerpt: ...he amount of $645 hours x $195 per hour in reasonable attorney's fees and $60 in motion filing fees) within 30 days of service of the notice of ruling. Defendant Gen Cord. moves to compel further responses to Form Interrogatories – General, Set One, Number 2.8 propound ed on Plaintiff Monica Castaneda. Standard to Compel Further Responses to Interrogatories The Civil Procedure Code instructs that: (a) Each answer in a response to interrogatori...

Excerpt: ...RANTED. Timeliness Hunt opposes the demurrer on the grounds that it was not timely filed. Hunt served a copy of the summons and complaint on AVCA by substitute service on 06/06/2023, with a copy mailed on 06/12/2023. Accordingly, service was deemed completed on 06/22/2023. Cod e of Civil Procedure, § 415.20, subd. (a). The time for AVCA to demur expired 30 -days after service on 06/22/2023 which was a Saturday, therefore, AVCA had until 06/24/2...

Excerpt: ...4) 226 Cal. App. 4th 2 31, 240; See also, 9 U.S.C.A. § 2; Civ. Proc. Code § 1281.4.) "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.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972 (“Engalla”); Green Tr...

Excerpt: ...he pleading t hat are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) No other extrinsic evidence can be considered (i.e., no “speaking demurrers”). (Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881.) In testing the sufficiency of a cause of action, the demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged,...

Excerpt: ...subdivision (q), suc h that Plaintiff's claims would not expire until June 27, 2023. Emergency Rule 9 provides that “[n]otwithstanding any other law, the statutes of limitations and repose for civil causes of action that exceed 180 days are tolled from April 6, 2020, until Oct ober 1, 2020.” Thus, according to Plaintiff, her Complaint filed on June 22, 2023, is timely. Plaintiff's argument is well -taken. Plaintiff relies on Roe v. Doe (...

Excerpt: ...nty She riff's Department shall file an answer or other pleading in response to the First Amended Complaint within 10 days of the expiration of the period of time to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendants Orange County and Orange County Sheriff 's Department demur to the 1st, 2nd, 3rd, 4th, 5th, 7th, 8th, and 9th Causes of Action of the First Amended Complaint (FAC) filed by Plaintiff Albert Hughes III. Standard for Demurrer ...

Excerpt: ...t issue s must be admitted or denied, or what counts or claims are directed against him or her. (See Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) The allegations in the FAC are not so confusing that Defendants cannot determine what to respond to. (Id., see also Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 139.) General demurrer A demurrer presents an issue of law regarding the sufficiency of the allegat...

Excerpt: ...laim and a premises liability claim are the same: a legal duty of care, breach of that duty, and proximate cause resulting in injury. [Citations.] Premises liability ‘“is grounded in the possession of the premises and the attendant right to control and manage the pre mises” '…” (Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1158.) “However, ‘[a] defendant cannot be held liable for the defective or dangerous condition of property w...

Excerpt: ...ch (“City”) is an in dispensable party. Defendants' unopposed requests for the Court to take judicial notice of a notice of violation (warning only) issued by the City of Newport Beach Harbor Department and a notice that the warning was rescinded are granted. (Evid. Code, § 452, subd. (c).) First cause of action for declaratory relief A defendant may demur to the complaint on the ground that there is a defect or misjoinder of parties. (Code ...

Excerpt: ...to protect any party “fr om unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc., § 2025.420(b).) At issue here are two depositions which Hillstone seeks to prevent Plaintiff, Georgina Puglisi (“Plaintiff”) from conducting. The first is the deposition of Hillstone's custodian of records with a request to produce at deposition videos of former defendant Mario Jaramillo (“Jaramillo”) enga...

Excerpt: ... summarily adjudicate claims or defenses as to which no triable issue was raised unless requested in the notice of motion. (Weil & Brown, Cal. Prac. Guide, Civ. Proc. Before Trial, §10:88, citing Homestead Sav. v. Sup.Ct. (Dividend Develop. Corp.) (1986) 179 Cal.App.3d 494, 498 (citing text).) Further, even if the notice of motion could be deemed to set forth a request for summary adjudication in the alternative, the motion is procedurally defec...

Excerpt: ...er. While the petition was pending, the plaintiff also made a request for documents relating to the petition. The FAC asserts claims based on the failure to allow inspection of the documents requested in October and November 2021 as well as the request to review the recall petition on 8/17/22. (FAC at ¶¶15, 17.) HOA's Request for Judicial Notice The HOA's request for judicial notice is GRANTED as to Item Nos. 13. (Evid. Code §452(d)) The reque...

Excerpt: ...en of showing that a cause of a ction has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant or crossdefendant has met that burden, the burden shifts to the plaintiff or cross -complainant to show that a triable issue of one or more material facts exists as to the cause of action or a...

Excerpt: ... (Code Civ. Proc., § 1281.2.) The Court shall grant the petition unless the petitioner waived the right to compel arbitration, or other grounds exist for rescission of the agreement. (Ibid.) Because the obligation to arbitrate arises from contract, the court may compel arbitration only if the dispute in question is one in which the parties have agreed to arbitrate. (Weeks v. Crow (1980) 113 Cal.App.3d 350, 352.) Because arbitration is a favored ...

Excerpt: ...pondent to ar bitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for rescission of the agreement. [¶] (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of...

Excerpt: ...�� the controversy. (Code C iv. Proc., § 1281.2.) The Court shall grant the petition unless the petitioner waived the right to compel arbitration or other grounds exist for rescission of the agreement. (Id.) “Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of the evidence.” (Rosenthal v. Great Western Fin. Securities Corp....

Excerpt: ...Interrogat ories (Set One), Request for Admissions (Set One), and Request for Production of Documents (Set 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 organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may in...

Excerpt: ...ct. Plaintiff hasn't stated sufficient facts showing the elements of the claim. Specifically, how much defendants agreed to pay for the services rendered. The demurrer is overruled as to the 2nd cause of action for unfair business practices. Plaintiff may use and alleged violation of the Knox -Keene Act as a basis for its claim. The demurrer to the 3rd cause of action for unjust enrichment is overruled. The complaint asserts that plaintiff provi...

Excerpt: ...n, Cal. Practice Guide: Civi l Procedure Before Trial (The Rutter Group 2021) ¶ 6:564.) Where the proposed cross -complaint arises out of the same transaction as plaintiff's claim, leave to file must be granted as long as defendant is acting in good faith. (Code Civ. Proc., § 426.50.) Here, Defendant's proposed cross- complaint asserts a single cause of action for breach of contract related to Plaintiffs' alleged failure to pay two years o...

Excerpt: ...ust file a pr oof of service with the court reflecting service of these orders on the LWDA. 2. Were any exclusions, objections or disputes received for the 31 remailed notices? 3. The settlement administrator states plaintiff's individual settlement share is $517.55. I s plaintiff anticipating any other compensation (not including any enhancement payment) from the settlement (such as for any individual claims)? 4. The settlement administrator s...

Excerpt: .... Administration costs in the amount of $12,511.43, per the administrator's declaration. 4. Payment to the LWDA of $3,750, representing the LWDA's share of the amount allocated to the PAGA claim. Please submit a revised proposed order that conforms to the foregoing for the Court's signature. GROUNDS FOR FEE AWARD Counsel requests a fee award of $146,800, or 40%, of the $367,000 GSA. Per the moving papers, counsel will receive $133,000 of the $333...

Excerpt: ... to the settl ement agreement rather than any amended settlement agreement. Counsel also must provide a red -lined version of any revised papers, including the proposed letter to the aggrieved employees. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the proposed letter to the aggrieved employees, rather than with just a suppleme...

Excerpt: ...intiff stated a cause of action for false promise. (Complaint, second cause of action, § FR -2(c); see Opp., at pp. 3:11 -15, 4:23 -25, 5:19 -21.) Plaintiff did not select section FR -4 of the Judicial Council form complaint, which alleges a promise without intent to perform. (S ee Complaint.) Regardless of which species of fraud is alleged, Plaintiff did not allege sufficient facts with the required specificity to state a cause of action for f...

Excerpt: ...WIEC (hereinafte r, collectively “Plaintiffs”). To the extent Plaintiffs can properly amend the IIED claim, the court GRANTS twenty (20) days leave to amend. The fourth cause of action for intentional infliction of emotional distress (IIED) alleges the following: Pursu ant to a written lease agreement, Plaintiffs moved into certain property in Irvine beginning in or about July of 2012. Beginning in or about November of 2018 through December ...

Excerpt: ...gations of th e parties under the agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. (FAC, Ex. 4 §5(11).) Further, defendants are California residents, and the Home Solicitation Sales Act seeks to regula te conduct by defendants. Thus, plaintiff may seek to enforce the Act. As to the Second Cause of Action, plaintiff's allegations adequately plead the existence of a fiduciary rela...

Excerpt: ...§ 1670.8 and (2) materials taken from Cisco's website, including the various service terms at issue. Notice of the legislative history is proper under Evid. Code § 452(c). Notice of the materials from Cisco's website is proper under Evid. Code § 452(h) given the lack of op position and the fact that both parties seeking notice of materials from Cisco's website suggest it is “not reasonably subject to dispute” that these are the full -servi...

Excerpt: ... Dennis W. Wilson's objections to the declarations of Mr. Miller, Mrs. Kell, and Mr. Lawrence and the supplemental declaration of Mrs. Kell are all SUSTAINED. The Application is DENIED as to Defendants Dennis W. Wilson Insurance Agency, Inc. dba Wilson Financial Services and Property Pros Capital, LLC. The Application is DENIED as to Defendant Dennis W. Wilson because Plaintiffs have failed to establish with admissible evidentiary facts the proba...

Excerpt: ... Heating, LLC (“ Defendant”). (ROA 2.) The Complaint alleged the following nine causes of action: 1. Failure to Pay Minimum Wages; 2. Failure to Pay Overtime Wages; 3. Failure to Provide Accurate, Itemized Wage Statements; 4. Failure to Provide Meal Periods; 5. Failure to Provide Rest Breaks; 6. Waiting Time Penalties; 7. Failure to Maintain Records; 8. Failure to Reimburse Business Expenses; and 9. Unfair Business Practices On March 3, 2023,...

Excerpt: ...ate itemized w age statements. The operative Complaint brings the following causes of action: 1. PAGA penalties 2. UCL 3. LC §§ 351, 353 4. Wage statements 5. Waiting time SUMMARY OF SETTLEMENT: Aggrieved Employees Definition: PAGA Member(s) or Settlement Group Members are “all current and former nonexempt employees of Defendant who were subject to the alleged illegal and unauthorized tip pooling in California during the PAGA Period.” (§ ...

Excerpt: ...o provide responses to plaintiff's special interrogatories and requests for production and to pay sanctions. Plaintiff's motion is denied for the following reasons. Disobeying a court order to provide discovery is a misuse of the discovery process. Cal. Civ. Pro c. Code § 2023.010(g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516. A trial court should consider both the conduct being sanctioned and its effect on the party seeking discov...

Excerpt: ...rectional Drilling. The motions for summary judgment are denied. Relevant Background Plaintiff Michael Konrad filed a Complaint alleging that the subject accident occurred on December 19, 2018. The Complaint alleges that Plaintiff was properly and lawfully riding his bicycle when he unknowingly encountered a damaged portion in the road and was violently thrown from his bicycle to the ground and sustained serious bodily injuries. (Compl., at ¶ 1...

Excerpt: ...ed Third- Party D ispute Resolution Process" affirmative defense. (See Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 590 -591 [relevance broadly defined]; Kwan v. Mercedes -Benz of North America, Inc. (1994) 23 Cal.App.4th 174, 184 -1 85 [willfulness]; Santana v. FCA US, LLC (2020) 56 Cal.App.5th 334, 346- 347 [civil penalties affirmed where manufacturer knew its repair was intentionally inadequate]....

Excerpt: ...), (p)(2) [bu rden]; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 - 851 [same]; see Veh. Code, § 11711.) USFIC admits it is the surety that issued the dealer bond to dealer Image Auto Group, LLC (IAG or dealer) pursuant to Vehicle Code sections 11710 and 11711. (SSMF #2.) USFIC first contends it is entitled to judgment because plaintiff Ramin Hersel (plaintiff) has dismissed his second cause of action for deceit/fraud against t...

Excerpt: ...gment].) On 11/6/23, the court served a copy of the filedstamped “Judgment dated 11/03/23” to all parties, including to defendants' counsel, triggering the 15 -day deadline for defendants to timely file a memorandum of costs. (ROA No. 484; see Cal. Rules of Court, rule 3.1700(a)(1); Code Civ. Proc., § 664.5, subd. (d); Van Beurden Ins. Services, Inc. v. Customized Worldwide Weather Ins. Agency, Inc. (1997) 15 Cal.4th 51, 61, 64, 65- 66 [�...

Excerpt: ...ve class action for violations of California's debt collection laws. On October 20, 2023, Plaintiff Ali Reza Sadrarhami, individually and on behalf of all others similarly situated (“Plaintiff”), filed a Class Action Complaint against Defendant Nelnet, Inc. (“Defen dant”). (ROA 2.) The Complaint alleges two causes of action for: (1) Violation of Unfair Competition Law (“UCL”); and (2) Violation of the Rosenthal Fair Debt Collection P...

Excerpt: ...nd Defendant replies (ROA 52). CONTENTIONS AND ANALYSIS: Statement of the Law A motion to set aside a default may be brought pursuant to either Code of Civil Procedure section 473, subdivision (b), or section 473.5. A court has broad discretion to vacate a default or default judgment. However, this discretion can only be exercised if the moving party establishes a proper ground for relief, by proper procedure and within the appropriate periods. (...

Excerpt: ...ants' Special Motion to Strike Complaint (Anti -Slapp) Defendants Robert P. Mosier and Mosier & Company, Inc.'s motion to strike the entire Complaint filed by Plaintiffs, Simon Semaan, Pierrette Semaan, Mia Semaan, Simon Semaan, Jr., Melissa Semaan, a minor by and through her Guard ian Ad Litem Pierrette Semaan, and Gilberts Rizallah is GRANTED. Plaintiffs' request for Judicial Notice is GRANTED. (Evid. Code § 452, subds. (d), (h).) “Litigati...

Excerpt: ... -02883 and now pending in the United States District Court for the Northern District of California as No. 24 -cv -01678- SK. The motion is GRANTED, with the limited exception of Plaintiff Ronald Li's concurrent motion for curative notice and to invalidate settlement releases. The Court will decide that motion before fully staying proceedings. Defendant's unopposed request for judicial notice is GRANTED. GROUNDS FOR RULING I. Background This is a...

Excerpt: ...filed, the burden i s on the responding party to justify any objection or failure to fully answer the interrogatories. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) The interrogatories at issue seek the names and contact information for: (1) all roomma tes of Casanas at the facility during the period of August 6, 2021 through August 7, 2022 (no. 13); (2) the responsible party for all residents of the facility during the perio...

Excerpt: ...dentified a ny witness nor denied knowledge of any witness. In its further response, it should do one of these. Sanctions were not noticed; none are imposed. Motion to Compel: Anaheim Healthcare Form Rogs (ROA #67) Plaintiff's motion is denied as moot except as to sanctions. (See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409; Cal. Rules of Court, rule 3.1348; see also Ho decl. [ROA #100] �...

Excerpt: ..., the court concludes that Agile has failed to meet its burden of authenticating plaintiff's purported electronic signature to the arbitration agreement. Agile provides the declaration of one of its customer service representatives and the on -site representative fo r Agile at Ortronics, Inc., Laura Caratachea, who is responsible for ensuring that employees complete their onboarding documentation. (Caratachea Dec. ¶3.) She states she was respons...

Excerpt: ...plemental filing addressing defendant's new evidence. 1/19/24 Order (ROA 89). For the following reasons, defendant's motion is granted. The right to arbitration depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific per formance 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 preponde...

Excerpt: ...depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific 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 agr eement 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. Def...

Excerpt: ...l is curre ntly set for May 6, 2024. The plaintiff never posted jury fees. Pursuant to Code of Civil Procedure section 631, subdivision (c)(2), a party demanding a jury trial must post fees within 365 days of the filing of the initial complaint if no Case Managemen t Conference is held. None was held here; therefore, plaintiff's failure to timely post fees resulted in his waiver of a jury. Defendant never posted jury fees, but it is not requesti...

Excerpt: ...dence Pl aintiff asserts she has new evidence that justifies reopening the case. The problem with her argument is that a final judgment was entered in the case by Judge George, and it was affirmed on appeal, and the remittitur was issued in November 2022. Even if it were relevant, there is no showing that any of this information, evidence, or argument is new. If anything, much of it is a repeat of the arguments made previously, and specificall...

Excerpt: ...d Faith Settlement H enkel moves for an order determining that the settlement between Henkel and Plaintiff Mischa Denton (“Plaintiff”) was entered into in good faith pursuant to California Code of Civil Procedure section 877.6. There is no precise yardstick for measuring “goo d faith” of a settlement with one of several tortfeasors. But a court must harmonize the public policy favoring settlements with the competing public policy favoring...

Excerpt: ...ht $2,451.64 arising from Defendants' failure to pay the HOA assessments plus related fees and costs of suit. On 11/18/20, the parties entered into a stipulated judgment against Defendants in the amount of $5,791.74 with fees/costs to be determined. The Court awar ded $13,500 in attorney fees on 2/11/21. On 4/22/21, the Court granted a motion to set aside the judgment. The Court denied Defendants' motion to disqualify counsel on 6/10/21. The Cour...

Excerpt: ... The opposition was to include why the Court should not sustain, without leave to amend, the demurrer to the First Amended Complaint. (See ROA 60.) Initially, the Court notes that the opposition does not have a proof of service. A proof of service of the opposition must be filed with the court. (California Rules of Court, rule 1.21(b).) Nevertheless, as a reply on the merits has been filed, the Court will address the merits of the demurrer. The...

Excerpt: ...Cal.3d 311, 318.) A demurrer only tests the sufficiency of the pleadings (See Satyadi v. West Contra Costa Healthcare District (2014) 232 Cal.App.4th 1022, 1028 [in analyzing a demurrer, the court looks o nly to the fac e of th e pleadings and to matters judi cially not iceable]). 1st cause of action for wrongful death/negligence against Travis Hadden An amendment filed after the statute of limitations has run will be deemed filed as of the dat...

Excerpt: ...y to challenge defects that appear on the face of the pleadings under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) No extrinsic evidence can be considered. (Ion Equipment Corp. v. N elson (1980) 110 Cal.App.3d 868, 881.) Therefore, the Court did not consider facts regarding the PPM or the Evertrust Loan Agreement that appear outside the allegations of the FAC in ruling o...

Excerpt: ...24, Cross -Defendants timely filed and serv ed a supplemental declaration pursuant to the Court's March 7, 2024 Minute Order. Despite apparent telephonic conferences to meet and confer held on March 15, 2024, and March 26, 2024, it appears that the parties failed to reach an agreement concerning any of the 11 causes of action at issue. Standing for Dessau and M86 Cross -Defendants contend that Dessau and M86 lack standing to file a lawsuit agai...

Excerpt: ...9;s stated cause of action. (Timberidge Enterprises, Inc. v. City of Santa Rosa (1978) 86 Cal.App.3d 873, 879- 880.) As to the first, second, third, fourth, and ninth affirmative defenses, Plaintiffs merely assert that they do not qualify as affirmative defenses because they are simply denials of elements of the causes of action in the Complaint. However, Plaintiffs provide no authority for the idea attacking specific elements of a cause of act...

Excerpt: ...nt cites to Janken v. GM Hughes Elec. (1996) 46 Cal.App.5th 55, 64 -65 as legal authority. In Opposition, Plaintiff contends that the Court previously found a viable claim could be pled based on Plaintiff's protected status if alleged; that the SAC pleads that Plaintiff went on medical leave on 4/23/2020, returned, and then Defendant Leano's conduct worsened when she returned (see SAC, ¶¶ 23 and 32); and the fact that a defendant is in a manage...

Excerpt: ...overy pro cedures.” (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 sufficient facts entitling plaintiff to relief. (Saunders v. Cariss (1990) 224 Cal. App. 3d 905, 908.) A party attacking a pleading on “uncertainty” grounds must specify how and why the pleading is uncertain, and where that uncertainty can be found in t...

Excerpt: ....” (Ladd v. Cou nty of San Mateo (1996) 12 Cal.4th 913, 917.) Plaintiff has sufficiently pled facts to constitute a cause of action for negligence. “[T]he Legislature did not require of regional centers anything like the hour -by -hour monitoring that would have been requir ed to prevent Bobby's tragic death. A regional center is required to establish a “schedule of regular periodic review and reevaluation to ascertain that planned serv...

Excerpt: ...Lifeguard Operations Division The City. According to the proof of service attached to the motion, the email address used by plaintiff for the City's counsel is “[email protected]” and the correct email address appears to be “[email protected],” based o n the Court's records. With regard to the motions for reconsideration, such must be filed within 10 days of service on her of notice of entry of the order in question. (Code C...

Excerpt: ...ward time ly filed. The Court heard these Motions on 3/28/24 but continued the hearing to allow for further briefing on Petitioner's new argument made for the first time at the hearing. (ROA 47) Petitioner argued that the Motion to Quash should be denied because th e "general appearance" waived any objection to jurisdiction made in Respondents' Motion to Quash. The Court now considers that briefing in addition to the original brie...

Excerpt: ... is false and misleading. Complaint (ROA 2) ¶¶ 1, 16 -20. Plaintiff alleges his claims on his own behalf and that of a putative class comprised of “[a]ll persons in California who purchased the Product during the statutes of limitations for each cause of action all eged.” Id. ¶ 43. Plaintiff alleges five causes of action: (i) violation of the California Unfair Competition Law; (ii) violation of the California False Advertising Law; (iii) ...

Excerpt: ...hibits are attach ed to the operative Complaint. (See ROA 2.) Plaintiff filed a Supplement to Complaint attaching what appears to be a 3 -day notice to quit, dated November 1, 2022. (ROA 10.) According to the declaration of service, the notice was personally handed to De fendant Robert Campbell on November 1, 2022. Notably, the dates in the Supplement to Complaint do not match the dates and actions as alleged in the Complaint. II. Request for Ju...

Excerpt: ...ns a contra ctual relationship between plaintiff and Paragon over relocation services to be provided to plaintiff's employees. Pertinent here, the complaint alleged that Morabito was the CEO of Paragon Relocation Services, and Jim Davis was its CFO. It further alleg ed these two individuals were actively contacting plaintiff's employees and improperly threatening to turn them over to debt collectors if they did not pay relocation costs claimed by...

Excerpt: ...he hear i n g . C od e C i v. Proc. § 1 2 9 0 .2 . Wh ere th e a rb itrati on ag ree men t d oes n ot p rov i d e t h e m an n e r in which service shall be made and the person on whom service is to be made has not previously appeared in the proceeding and has not previously been served in a ccordance with section 1290.4(a) of the Code of Civil Procedure, for service in California the petition and notice of hearing must be served in a manner pro...

Excerpt: ...etween the C ontractor [Titan] and the Owner [District], under or in reference to this contract, may be subject to the decision of some competent person to be agreed upon by the Owner and the Contractor who shall act as referee, and his decisions shall be final and conclusive upon both parties.” (Titan Group, Inc. v. Sonoma Valley County Sanitation Dist. (1985) 164 Cal.App.3d 1122, 1125.) The trial court denied the plaintiff's motion to compel...

Excerpt: ...iscretion, and upon t erms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Civ. Proc. Code § 436.) Kui requests the court strike several portions of plaintiff D'Mario Few -Brewer's (“Plaintiff”) First Amended Complaint (“FAC”) which co...

Excerpt: ..., special interrogatories and requests for production. Those three motions are CONTINUED as set forth below. MOTION TO SEAL A party requesting that a court record be filed under seal “must file a motion or an application for an order sealing the record.” CRC 2.551(b)(1). “ The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” (Id.) Here, Americor submits the ...

Excerpt: ...of jurisdiction. When a defendant challenges that jurisdiction by bringing a motion to quash, the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service.” (Dill v. Berquist Construction Co. (199 4) 24 Cal.App.4th 1426, 1439 -1440.) The parties agree that there is no basis for the exercise of general personal jurisdiction over Defendant. The question is whether speci�...

Excerpt: ...ns, our Legislat ure has authorized the broadest possible exercise of jurisdiction.” (Id. at 108.) “When a debtor files a Chapter 7 petition, the debtor lists each of his creditors.” (In re McGhan (9th Cir. 2002) 288 F.3d 1172, 1176.) “The appointed bankruptcy trustee convenes a meeting of these creditors pursuant to 11 U.S.C. § 341(a).” (Id.) “All creditors must receive at least 30 days' advance notice of the creditors' mee...

Excerpt: ...ther, the pr opounding party is not required to file a meet and confer declaration prior to filing its motion to compel, and there is no time limit for the propounding party to file its motion. (Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacifi c Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) In addition, “[t]he party to whom the interrogatories are directed waives any right to exercise the option to prod...

Excerpt: ...Cane), and the “Litigation Files” (referring to files from and communications with Bremer Whyte Brown & O'Meara, LLP (BWBO), SMTD Law LLP, and Barry Kellman). GrowthPoint asserts, and Crate and Pickell do not dispute, that Crate and Pickell possess documents from these law firms and lawyers. Except as discussed below regarding Pickell's privilege log, GrowthPoint's motion is granted. In an August 10, 2023 order (ROA 1633), the court (Judge ...

Excerpt: ...errogatories seek the date and address of other purchases or sales of residential real property Defendant has engaged in, either on their own behalf or on behalf of Yu Liu, from 2010 to present. Movants contends this information is relevant to show that Defendant was sophisticated in real estate transactions and that Defendant engaged in fraud and breached the subject purchase contract in this case. In opposition, Defendant contends Plaintiffs th...

Excerpt: ...or Production No. 19 , however, is overbroad. Plaintiff has not set forth good cause showing the relevance of documents that are not limited to the transmission defects identified in the repair history for the Subject Vehicle. Because Plaintiff has made a showing fact- specific showing of good cause, the burden shifts to Defendant to justify any objections made to requests for production. Defendant has not filed an opposition or response to th...

Excerpt: ...2020.010(b), 2025.280(b ); see Terry v. SLICO (2009) 175 Cal.App.4th 352, 357, (citing text)] (Code Civ. Proc. § 1985 et seq. dealing with subpoenas generally also apply to deposition Page 3 of 39 subpoenas except as modified by § 2020.010 et seq.; see Code Civ. Proc. § 2020.030.] Personal service of a deposition subpoena requires a person who is a resident of California to appear, testify and produce whatever documents or things are specifi...

Excerpt: ...t p. 5:16- 18.) However, Plaintiff has not shown that she filed the instant motion in sufficient time in advance of the time limit for the completion of discovery (the 15th day before the initial trial date) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. (See Code Civ. Proc., §§ 2034.610(b); 2024.030.) Trial in this case has been continued several times. Trial was initially set for 4/10/23...

Excerpt: ...at there i s no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid. Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in ac...

Excerpt: ...ntic Richfi eld Co. (2001) 25 Cal.4th 826, 843.) “A party may move for summary judgment in an action 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, subd. (a)(1).) “Th e motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to ...

Excerpt: ...for b rea c h of implied- in-fact con tract and breach of implied -in -law contract. The Motion to Strike is DENIED as moot. As to the 1st cause of action for breach of oral contract, this claim is not sufficiently pled. “An oral contract may be pleaded generally as to its effect, because it i s rarely possible to allege the exact words.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Nevertheless, “[t]he elements of...

Excerpt: ...Act”] aff ords certain protections to elders and dependent adults.” (Winn v. Pioneer Medical Group, Inc. (2016) 63 Cal.4th 148, 152 (Winn).) “‘The purpose of the [Act was] essentially to protect a particularly vulnerable portion of the population from gross mistre atment in the form of abuse and custodial neglect.' [Citation.]” (Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 787 (Covenant Care).). The acts proscribed by th...

Excerpt: ... trial court concluded that Plaintiffs were entitled to recover attorney fees, but awarded only $198,445. Plaintiffs appealed, and the court of appeal reversed the order on Plaintiffs' motion for attorney fees for three reasons. The court of appeal held: “First, the court erred by concluding that not all Plaintiffs were entitled to recover fees. Second, the court set an hourly rate for Plaintiffs' lead counsel that was far lower than the market...

Excerpt: ...(Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at p. 851.) A defendant moving for summary judgment satisfies his or her initial burden by show ing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc., § 437c, subd. (p)(2).) A ...

Excerpt: ...rior Court Probate Case No. 2023 -01346391. The court grants the request to take judicial notice of the documents but not as to the truth of the matters stated therein. (Evid. Code § 452 (d) and (h); Richtek USA, Inc. v. UPI Semiconductor Corp. (2015) 242 Cal.App. 4th 651, 658.) Plaintiff seeks further responses to the first set of form interrogatories 15.1, 17.1, 50.1, 50.2, 50.3, 50.4, 50.5, and 50.6. If a timely motion to compel has been fi...

Excerpt: ..., are seale d. Statement of Law “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be filed under seal without a cour t order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2.551(a).) “A p...

Excerpt: ... a record, the movin g party must file a motion for such relief, along with a memorandum and a declaration containing facts sufficient to justify the sealing. (CRC 2.551(b)(1).) The motion must be served on all parties, and unless the court orders otherwise, a complete copy of the document must be served on all other parties that already possess copies, along with the redacted version. (CRC 2.551(b)(2).) To grant a motion to seal, the court must...

Excerpt: ...atter of cost s ….” (Bankes v. Lucas (1992) 9 Cal.App.4th 365, 369; Carpenter v. Jack in the Box Corp. (2007) 151 Cal.App.4th 454, 461, 59 Cal.Rptr.3d 839 [appeal did not divest trial court of jurisdiction to consider fees and costs].) CCP Section 998 Offers and Their Effect on Costs “ ‘ “[C]osts” of a civil action consist of the expenses of litigation .... The right to recover any such costs is determined entirely by statute.' ” (O...

Excerpt: ...ecificity as to the element s of active concealment and existence of a defect. Defendants also argue that Plaintiff has not alleged when or where the alleged omitted information should or could have been revealed by Ford. Defendants further argue that the allegations fail to demonstr ate any duty to disclose because there was no transactional relationship between Plaintiff and Ford and that the claim is barred by the economic loss rule. The Cour...

Excerpt: ...er now but admonishes Defendant that the future failure to comply with all applicable rules and statutes may result in a motion being denied or taken off calendar, and sanctions, where appropriate. First Cause of Action for Inducing Breach of Contract and Second Cause of Actio n for Intentional Interference with Contractual Relations Defendant argues that the first cause of action fails to plead sufficient facts showing that Plaintiff had an ong...

Excerpt: ...a motion pursuan t to Section 391.1 is filed prior to trial the litigation is stayed, and the moving defendant need not plead, until 10 days after the motion shall have been denied, or if granted, until 10 days after the required security has been furnished and the moving defendant given written notice thereof. When a motion pursuant to Section 391.1 is made at any time thereafter, the litigation shall be stayed for such period after the denial ...

Excerpt: ...establishe s an affirmative defense to that cause of action. (p) For purposes of motions for summary judgment and summary adjudication: (1) A plaintiff or cross -complainant has met his or her burden of showing that there is no defense to a cause of action if that par ty has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or crosscomplainant has met that burden, the burden shif...

Excerpt: ...an element of the claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850- 851 (Aguilar).) If the defendant fails to meet this initial b urden, the plaintiff need not oppose the motion and the motion must be denied. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.) If the defendant meets its initial bu...

Excerpt: ...ses to Special Interrogatories, Set One, and Request for Monetary Sanctions Plaintiff Colleen Curtin's unopposed Motion to Compel Defendant Alexandra Mendoza's Initial Responses to Form Interrogatories, Set One and Special Interrogatories, Set One, is GRANTED. A party's failure to timely respond to interrogatories results in a waiver of any objections to the requests. (Code Civ. Proc. § 2030.290(a).) If a party to whom interrogatories fails to s...

Excerpt: ...el arbitration und er Section 1281.2 must prove by a preponderance of the evidence that: (1) The parties entered into a written agreement to arbitrate; and (2) one or more of the claims at issue are covered by that agreement. (Code Civ. Proc., § 1281.2; Villacreses v. Molina ri (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a defense to e...

Excerpt: ...of ruling. Plaintiff Randell Young is ORDERED to pay to Defendants Seabreeze Management Company, Inc., Estela Alday, Heidi Speare, Eric James, Fred Olsen, and Todd Hunter sanctions in the amount of $925 (5 hours x $185 per hour in reasonable attorney's fees) within 30 days of service of the notice of ruling. Defendants Seabreeze Management Company, Inc.; Estela Alday; Heidi Speare; Eric James; Fred Olsen; and Todd Hunter are ORDERED to serve all ...

Excerpt: ... The Court further granted 252 5 Main summary adjudication of Issue 9, which sought judgment on the second cause of action for disgorgement in 2525 Main's crosscomplaint as to Pacific LLC. (ROA 207.) The first cause of action of 2525 Main's cross -complaint was dismissed on 07/14/23. (RO A 300.) Thus, the only remaining claim is 2525 Main's second cause of action against Pacific INC. On 09/28/23, the Court signed an order releasing Pacific LL...

Excerpt: ...;s injuries.' [Citation.] ” (PacifiCare of California v. Bright Medical Associates, Inc. (2011) 198 Cal.App.4th 1451, 1464 (PacifiCare.) The California Supreme Court in Tech -Bilt v. Woodward -Clyde & Assoc. (1985) 38 Cal. 3d 488 (Tech- Bilt), set forth the factors to consider. The fa ctors are: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocat...

Excerpt: ...GRANTED as follows. Code of Civil Procedure section 664.6 provides, in pertinent part: If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce...

Excerpt: ...lenged in post -trial proceedings on appeal.” (Motion; 4:8 -9.) Plaintiff's (Wen Yu Zheng) Opposition to Motion to Stay Enforcement of Judgment (Opposition), filed on 4 -10 - 24 under ROA No. 1164, states, “Gene's Motion is incomplete in that it provides no substantive reaso ns or evidence as to why the Court should take the extraordinary step of staying enforcement of judgment.” (Opposition; 3:1415.) Code of Civil Procedure section 918 st...

Excerpt: ...hree causes of action. Code of Civil Procedure section 425.16 permits a special motion to strike Strategic Litigation Against Public Participation (“SLAPP”) lawsuits. A SLAPP suit is “a meritless suit filed primarily to chill the defendant's exercise of First Amendmen t rights.” (Finton Construction, Inc. v. Bidna & Keys, APLC (2015) 238 Cal.App.4th 200, 208.) The purpose of the anti - SLAPP law is “not [to] insulate defendants fro...

Excerpt: ...st Calhoon, bu t both the underlying discovery requests were served on Thomas's behalf only.] Initially, the court notes Thomas timely filed a proof of service relating to both motions, but the proof is for electronic service only. Gary II is selfrepresented, and theref ore may be served electronically only if he has expressly consented to electronic service, and electronic filing does not constitute express consent to electronic service. (Code...

Excerpt: ... be true. Blakemore v. Superior Court, 129 Cal. App. 4th 36, 53 (2005). “If facts appearing in the exhibits contradict those alleged, the facts in the exhibits take precedence.” Holland v. Morse Diesel Intern., Inc., 86 Cal. App. 4th 1443, 1447 (2001). Defendant argues that the challenged allegations must be stricken because they are inconsistent and/or contradictory to the terms of the Agreement attached to the Complaint, which do not eviden...

Excerpt: ... Code of Civil Procedure § 410.30. Said section states: (a) When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in who le or in part on any conditions that may be just. (b) The provisions of Section 418.10 do not apply to a motion to stay or dismiss the action by a defendant who has made a gener...

Excerpt: ...23 Order requiring Wilshire and its former counsel, Jaime Kim, to jointly and severally pay Cross -Defendants Zenbu USA, Inc., Time Escrow, Inc., Paramount Realty and Omni Realty (collectively, “Cross -Defendants”) $5,300 in monetary sanctions related to several discovery mot ions filed by Cross- Defendants against Wilshire. As an initial matter, it is noted Wilshire did not submit an attorney affidavit of fault. Thus, relief under the manda...

Excerpt: ...s required by the San Deigo County Superior Court. Plaintiffs HTL Hotel Advisors, Inc. and Yatish Natraj are ORDERED to pay to Defendants Shivam Patel and Kherva, LLC sanctions in the amount of $2,760 (6 hours x $450 per hour in reasonable attorney's fees and $60 in motion filing fees) within 60 days of service of the notice of ruling. Plaintiffs' counsel is ordered to pay sanctions of $2,360 (5 hours at $450 per hour + $60 filing fee and $50 t...