Excerpt: ...greement”) states, in pertinent part: Transform Holdco LLC (“Transformco” or “Company”) and you (“Associate) (collectively the “Parties”) agree to use binding arbitration, instead of going to court, for any “Covered Claims” that arise or have arisen between you and Transformco, and/or other current or future subsidiary companies, successors or assigns, or any current or former employee of Transformco acting within the scope of...

Excerpt: ...ligence). I. Background The underlying First Amended Complaint of Plaintiff Sirco/Irvine Business Park II Association concerns insurance coverage. The Association is the community association for a three- building commercial condominium park in Santa Ana. In 2008, the Association took out an insurance policy on the condominium park. The policy (as renewed) was in effect on September 25, 2019, when a fire damaged one of the three buildings. The po...

Excerpt: ...l of Ray's application to remodel a home on Hawthorne Road in the City. Petitioners contend the home has considerable historic value that would be diminished by the remodel, and the City's Design Review Board violated CEQA in October 2020 when it approved the application based on a negative declaration. This demurrer focuses on exhaustion of administrative remedies. As relevant here, the FAP alleges as follows: City staff conducted an initial stu...

Excerpt: ... proceeding expeditiously with this litigation or any particular aspect of it, and the potential prejudice to plaintiffs of delay; (2) the burden which any particular aspect of the proceedings may impose on defendants; (3) the convenience of the court in the management of its cases, and the efficient use of judicial resources; (4) the interests of persons not parties to the civil litigation; and (5) the interest of the public in the pending civil...

Excerpt: ...he injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1249 (Strathvale), states, “ ‘ “Lack of jurisdiction in its most fundamental or strict sense means an entire absence of pow...

Excerpt: ...section 2030.300 provides in pertinent part: “(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documen...

Excerpt: ...adero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4th 1228, 1238, provides, “This rule of liberal constructi...

Excerpt: ... those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012)...

Excerpt: ...ied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Tra...

Excerpt: ...ative fault.”  Burden of Proof: The law concerning good faith settlements is based on “a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial.” (Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499.) Therefore, burden of proof concerning whether a settlement was entered into good faith is on the opposing party. Defendant failed to file an Opposition to this motion...

Excerpt: ...oes not contain any specific factual allegations, directed against this entity. At most, a review of the Complaint reveals conclusory allegations directed towards the Doe Defendants, in whole. (See ¶39, ¶41, ¶47, ¶48 and ¶56 of Complaint). While Plaintiff asserts Defendant Realty One Group, Inc. is liable for the conduct of Defendant Chacon (Opposition: 6:17-7:12), there are no allegations in the Complaint that Defendant Chacon was an agent ...

Excerpt: ...or inferred from those expressly alleged in the complaint. [Citations.]” City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459. Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit ...

Excerpt: ...llowable as costs under Section 1032. Under Civil Code §1717(a), in any action on a contract where the contract specifically provides that attorney's fees and costs incurred to enforce that contract shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, is entitled to reasonable attorney's fees in addition to other costs. Under §1717(b)(1), the court...

Excerpt: ...et for trial as certain. (b) Motion or application A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continu...

Excerpt: ...ected waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280...

Excerpt: ...al notice of Exhibit D pursuant to Evidence Code section 452(c) and (h). The Court grants Plaintiffs' request for judicial notice of Exhibit 6 in support of the Reply pursuant to Evidence Code section 452(c) and (h). Motion: Plaintiffs seek an order for judgment on the pleadings in their favor on CHILANG 1279 Association's (“CHILANG 1279”) Cross-Complaint on the grounds CHILANG 1279's status as a California corporation has been suspended. Alt...

Excerpt: ... Defendant is: 1 Bonanza Court, Pomona, CA 91766 (ROA Nos. 11 and 44); however, Notice of the Continuance was served on 1 Bonanza Ct. Pomona, CA 92766. (ROA No. 46). Per Moghaddam v. Bone (2006) 142 Cal.App.4th 283, “…service of papers to an incorrect address is not acceptable notice.” (Id. at 288). Indeed, identical to the instant circumstances, the error in service at issue in Moghaddam was an incorrect zip code. (Id.). “In the absence ...

Excerpt: ...ithin the time allowed for that party to amend the initial pleading. The defendant or cross- defendant may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. The court, on its own motion, may reclassify a case at any time. A motion for reclassification does not extend the moving party's time to amend or answer or otherwise respond. The court shall grant the motion and enter an order for r...

Excerpt: ... person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” This section is to be construed broadly. (Code Civ. Proc. § 425.16(a).) The court's determination of an ...

Excerpt: ...for another case, Louis Nava v. Related Management Company, L.P., Case no. 30-2019-01096579. In addition, Plaintiff's Opposition does not include a copy of Plaintiff's 998 Offer that Defendant accepted. As such, on the initial hearing date of May 2, 2022, the Court continued the hearing to July 11, 2022 and ordered Defendant to file and serve a supplemental declaration including a copy of Plaintiff's 998 Offer no later than nine court days before...

Excerpt: ...g reasons, WDPR's unopposed motion is GRANTED. Contempt proceedings for indirect contempt (contempt that does not occur in the presence of the court) are commenced by filing and serving an affidavit showing the facts necessary to establish contempt. (Code Civ. Proc., § 1211(a).) “ ‘ “The affidavit is in effect a complaint, frames the issues before the court and is a jurisdictional prerequisite to the court's power to punish.” ‘ ” (Ko...

Excerpt: ...ial Notice are denied as irrelevant. Zucchet v. Galardi (2014) 229 Cal. App. 4th 1466, 1474 n.5. Plaintiff's evidentiary objections were neither numbered consecutively nor accompanied by a proposed order. As such, they did not comply with CRC Rule 3.1354(b) and (c) and the court declines to rule on them. Hodjat v. State Farm Mutual Automobile Ins. Co. (2012) 211 Cal. App. 4th 1, 8. Under CCP §437c(f)(1), a party may bring a motion for summary ad...

Excerpt: ... violations they personally suffered. Plaintiffs' class claims are dismissed without prejudice. Plaintiffs' PAGA claim, to the extent it seeks to recover civil penalties for Labor Code violations suffered by other employees, is dismissed without prejudice. I. Background A. Procedural Background This matter involves employees of the Fitness 19 chain of health clubs. Plaintiffs, who worked at Fitness 19's Huntington Beach location, originally filed...

Excerpt: ...ployee Handbook” and agreed to “abide by these rules during my employment”. (However, defendant did not provide the court with the actual handbook that allegedly contains the arbitration agreement to show that plaintiff in fact received the arbitration agreement on June 26, 2017.) On July 3, 2017, after plaintiff's week of training, plaintiff signed the arbitration agreement in the employee handbook. Around July 26, 2017, plaintiff signed a...

Excerpt: ...leted. The Court declines to consider all new points, arguments, and evidence presented for the first time on reply. (See Balboa Ins. Co. v. Aguirre (1983) 149 Cal.App.3d 1002, 1010; Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) The Court also notes the reply violates California Rules of Court, Rule 3.1113(d), which limits the length of a reply to 10 pages. The Court reminds counsel to comply with all applicable statutes and rules and ...