Excerpt: ...f Costco and Jewell is a Director thereof, that does not in an d of itself establish personal jurisdiction over them for acts taken by the corporation. (See Calder v. Jones (1984) 465 U.S. 783, 790.) Plaintiff complains he was sickened by a hotdog he ate at one of the Costco stores. He also complains that the membe rs of the Board of Directors did not do anything when he advised them about what had happened and the failure of the corporation to t...

Excerpt: ...er prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” To determine the appropriate fee award under Civil Code section 1794, the...

Excerpt: ... request for accommodation to work remotely. Defend ant's request for production of documents no. 10 asks for all posts she has made on her social media accounts concerning this lawsuit or the complaint. The plaintiff effectively concedes this request is proper and may lead to the discovery of admissible e vidence. Indeed, her opposition to the motion does not even address it. Request no. 11 asks for all posts she has made on her social media acc...

Excerpt: ...15610.07, subd. (b), 15610.57, subd. (b); Delaney v. Baker (1 999) 20 Cal.4th 23, 34, 82); (2) knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs (Sababin v Superior Court (2006) 144 Cal.App.4th 81, 85, 90); and (3) denied or withheld goods or services necessary to meet the elder or dependent adult's basic needs, either with knowledge that injury was substantially certain to befall the e...

Excerpt: ...ike the general demurrer to a complaint, the inquiry is not into the statement of a cause of action but whether the answer raises a defense to the plaintiff's stated cause of action. (Timberidge Enterprises, Inc. v. City of Santa Rosa (1978) 86 Cal.App.3d 873, 879 -880.) Plaintiffs demur to the 15th Affirma tive Defense on the grounds that CCP §340.5 is listed among several statutes of limitation and that it does not apply because it pertain...

Excerpt: ...chool Dist., (2003) 112 Cal.App.4th 904, 909 [“John R. m akes it clear that a teacher's sexual abuse of a child is not an act for which a school district may be held responsible.”].) Plaintiff makes no argument in the Opposition that the District can be vicariously liable for the conduct of Mills in sexually abu sing Plaintiff. However, as both parties recognize, the District can be vicariously liable for the negligent conduct of its empl...

Excerpt: ...ssues. They allege the sellers also failed to disclose other substantial defects t hey knew about, but that the plaintiffs were only able to discover during a remodel. The demurring defendants are the real estate agents for the sellers. A real estate agent may be held liable for misrepresentation if the agent knew of the issue and did not disclose it. (Lingsch v. Savage (1963) 213 Cal.App.2d 729, 736.) The general allegations of misrepresentation...

Excerpt: ... fifth cause of action (IIED) is SUSTAINED without leav e to amend. Third Cause of Action (Violation of Civil Code Section 51) The court sustained the demurrer to the Complaint's third cause of action, ruling that “Plaintiffs' conclusory allegations do not allege sufficient facts demonstrating a discriminatory motivating reason for defendant's alleged conduct.” (ROA 55.) The FAC addresses that defect and states a claim for violation of the U...

Excerpt: ... Vehicle suffered from a number of defects during the warranty period, Defendants' authorized repair facilities returned it to Plaintiff after a number of repair attempts with assurances that the problems had been fixed. (FAC, ¶¶ 42 -49.) While Plaintiff alleges that Plaintiff delivered the car for repairs at least 6 times from 2017through 2021. (Id.) “[U]nder the delayed discovery rule, a cause of action accrues and the statute of limitatio...

Excerpt: ...ificity: (1) a misrepresentation, (2) knowledge o f its falsity, (3) intent to defraud, 4) justifiable reliance, and (5) damages. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 (specific pleading requirement for fraud necessitates pleading facts that show the how, where, when, and who of the fraudul ent conduct).) In cases against corporate employers, Plaintiff must “allege the names of the persons who made the allegedly fraudulent repr...

Excerpt: ...al sought by this Motion is $76,866. The Song -Beverly Consumer Warranty Act pr ovides remedies for consumers that have purchased, among other consumer goods, new vehicles. Remedies include the right to recover “damages and other legal and equitable relief.” (Civ. Code, §1794, subd. (a).) Further, any buyer that prevails in an action brought under the Act shall recover “attorney's fees based on actual time expended, determined by the court...

Excerpt: ...hich was denied the next day on 7/25/2023 without any argument. After a two day jury trial on 7/25/2023 and 7/26/2023, Judgment was entered in favor of Plaintiff and against Defendant in the amount of $23,168.23. On 8/2/2023 Defendant filed a Motion to Stay Execution of the Judgment, which was denied on 12/7/2023. That motion was unopposed. 8/7/2023 Plaintiff filed a Memorandum of Costs in the amount of $724.60. 8/10/2023 Plaintiff filed this ...

Excerpt: ...hen she was hit by a tightly rolled -up T -shirt fired into the crowd by a T -shirt cannon from one of the boats. The complaint alleged that venue is proper here because defendants either live or do business in Orange County and the tortious acts occurred in this county. On June 20, 2023, Sonia Atkins was su bstituted into the case as a self -represented litigant. (ROA 67.) Her husband, Christopher Atkins was admitted into the case as a party pl...

Excerpt: ...that the breach proximately caused the plaintiff's injuries. (See Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1159.) The existence of duty is a question of law for the courts. (Isaacs v. Huntington Mem. Hosp. (1985) 38 Cal.3d 112, 124.) Civil Code section 1714, subdivision (a), provides that “[e]very one is responsible . . . for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her prop...

Excerpt: ...imination in violation of the Fair Employment and Housing Act (“FEHA”) (Govt. C ode § 12940(a)) is without merit because Plaintiff was not constructively discharged and therefore, cannot make out a prima facie cause of action. ISSUE NO. 2: The first cause of action for pregnancy discrimination in violation of FEHA is without merit b ecause Plaintiff was not subjected to any adverse employment action and therefore, cannot make out a prima fa...

Excerpt: ...nt motion, Balboa must demonstrate it is entitled to summary judgment of all eight of its causes of action against Defendants Fullerton Consulting Group (“Fullerton Consulting”) and Chares Smith. The instant motion does not address the second cause of action or fourth cause of action for recovery of posse ssion or personal property. Accordingly, the motion for summary judgment is denied. Motion for Summary Adjudication First Cause of Action f...

Excerpt: ... second Hariri Decl., filed in support of cross- complainant's supplemental Opposition on 1 -5 -24, nor crossdefendants' objections to same. The original hearing was continued solely due to crosscomplainant's failure to provide an opposing separate statement, and the court specifically ordered that no new evidence was permitted. (See 12 -14 -23 min ute order continuing hearing (ROA 669).] 1st cause of action: professional negligence (Summary Ad...

Excerpt: ...th Code Civ. Proc. §1290.4. The basic provisions of the California Uninsured Motorist Act are embodied in Ins. C. §§ 11580.2 - 11580.5. California Insurance Code § 11580.2 requires insurers to provide coverage for bodily injury or wrongful death caused by uninsured or underinsured motorists. Subdivision (f) of § 11580.2 provides that if the insurer and the insured cannot agree whether the insured is legally entitled to recover damages from a...

Excerpt: ...for RFP Nos. 9 -13, 27, 30 -35, and 39 -40. The reply does not meanin gfully attempt to argue contra. The Court has thus ruled here on those categories and RFPs only. For the PMQ categories, the Motion is GRANTED IN PART for Category Nos. 9 and 10, as to GM's warranty policy/procedure manuals or claim handling manuals for the period between Plaintiff's date of purchase and the date of suit, only, and for Category No. 22, also as to the reason or ...

Excerpt: ...e, or evasive; (3) An objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310(a).) The moving party must “set forth specific facts showing good cause justifying the discovery sought by the demand.” (Code Civ. Proc., § 2031.310(b)(1).) “[A]bsent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact -specific showing...

Excerpt: ...AA is to ‘ensur[e] that private arbitration agreements are enforced according to thei r terms.'” (Lacayo v. Catalina Restaurant Group Inc. (2019) 38 Cal.App.5th 244, 257, citing AT&T Mobility LLC. v. Concepcion (2011) 563 U.S. 333, 344, 131 S.Ct. 1740.) “California law, like federal law, favors enforcement of valid arbitration agreements.” (Baxter v. Genworth North America Corp. (2017) 16 Cal.App.5th 713, 721, citation omitted.) A party s...

Excerpt: ...second and third causes of action (each a “COA”) in the Complaint. But the supporting Separate Statement presents evidence only for those 2 issues. (See ROA 168.) The Motion as presented thus fails to support the request for summary judgment. The alternative request for summary adjudication on Issues 2 and 3 fail here, because Plaintiffs have presented adequate evidence in their Opposition to defeat the Motion. Plaintiffs have shown a clear r...

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

Excerpt: ...nd to four deposition questions without objection. Kigge n also seeks an order compelling Driver to further respond to Request for Identification and Production of Documents, Set One, number 3 and Special Interrogatories, Set One, numbers 1, 2, and 4. The same information is at issue in the three motions – Driv er's history of traffic tickets and payment for such tickets. Defendant objected to the deposition questions, request for production, ...

Excerpt: ...of proof to establish facts showing effect ive service. (Summers v. McClanahan (2006) 140 Cal. App. 4th 403, 413; Dill v. Berquist (1994) 24 Cal. App. 4th 1426, 1439 -40.) Code Civ. Proc. § 415.20(b) covers substitute service on individual defendants and on entity defendants. Substitute service o n an entity, where the physical address of the entity is known, involves 1) leaving a copy of the summons and complaint in the office of the person aut...

Excerpt: ...right. Code Civ. Proc. §1032. To claim those, the prevailing party must file and serve a memorandum of costs within 15 days from the date the clerk (or any party) mails out notice of dismissal or entry of judgment. CRC 3.1700; Daniels v. Robbins (2010) 182 Cal. App. 4th 204, 228. The memorandum must include a supporting decl aration affirming that the costs were reasonable and necessarily incurred. CRC 3.1700(a)(1). No proposed judgment is requ...

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

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

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

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

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

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

Excerpt: ...ode. Code of Civil Procedure section 576 state s, “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” “If the motion to amend is timely made and the gr anting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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