Excerpt: ...ecause the Cross-complaint does not attach the contract as an exhibit, set forth the material terms of the contract verbatim, or allege the legal effect of the contract. Responding Party does not dispute that a copy of the written contract that forms the basis of the first cause of action is not attached to the Cross-complaint, and the relevant terms are not set out verbatim. Instead, Respond-ng Party argues that the Cross-complaint sufficiently ...

Excerpt: ...press or implied, of the parties...."].) Relevant here, If the district attorney or commissioner does not proceed with the action, and the person bringing the action conducts the action, the court may award to the defendant its reasonable attornevs fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the achon was clearly frivolous, clearly vexatious, or brought primarily for purposes...

Excerpt: ...were served by Plaintiffs on June 12, 2023. (See Motion at 3:4-5; J. Young Decl. '1 8, Exh. Three [06/12/23 Notices of Depositionl.) On November 20, 2023, Plaintiffs propounded a new Notice of Taking Deposition on Defendants Hong Chen, Monica Yu Wang, Jing (Amy) Song, Wen Chen, and Elaine Huang. (J. Young Decl. 29, Exh. Seven [11/20/23 Notices of Depositionl.) Jennifer Young declares that Plaintiffs took out all the items that Defendants' counsel...

Excerpt: ... only for the purpose of establishing that these documents were filed with the probate court, not for the truth of the matters asserted therein. The request is DENIED as to Exhibit 2 because Exhibit 2 appears to be an incomplete document. CCP S 356.2 and Cal. Prob. Code S 9000, et seq. Defendant argues that section 366.2 sets forth the statute of limitations on Plaintiff's claims. Plaintiff contends that Plaintiff's claims are timely, as Plaintif...

Excerpt: ...were submitted in connection with a discovery motion, namely, Plaintiff's motion to compel further responses to fts 8th and 11th sets of requests for production of documents. [ROA # 802] They were not submitted "as a basis for adjudication," which "embraces discovery materials submitted in support of and in opposition to substantive pretrial motions, regardless of the ground on which the trial court ultimately rules." (Overstock.com, Inc. v. Gold...

Excerpt: ...rected waives any right to exercise the option to produce writings under Secton 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 Secton (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories." Here, Plaintiff has shown that he propounded Special Interrogatories, Set Two on Defend...

Excerpt: ...implied 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.) "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." (Code Civ. Proc. S 452.) Second Cause of Acton — Breach of Contract Plaintiff alleges ...

Excerpt: ...ses compulsory cross-complaints, provides: "A party who fails to plead a cause of action, subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross- complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be ju...

Excerpt: ...and is irrelevant. The objection to Exhibit B is OVERRULED. Merits Defendant's first argument is that Plaintiff's Complaint fails to plead sufficient facts in support of her cause of action. As Plaintiff points out, this argument is not well-suited for a motion for summary judgment and should have been brought as a motion for judgment on the pleadings or a demurrer. Thus, the motion based on any insufficiency of the pleadings is DENIED. Defendant...

Excerpt: ...Upon examination, Defendant Vanek found that Plaintiff s teeth numbers 1, 16, 17, and 32, the teeth known as "3rd molars" or "wisdom teeth", each had periodontal pockets in the unhealthy range charted by Defendant Vanek during Ms. Fox's May 4 visit. (UMF No. 1, 3). Thereafter, on May 9, 2022, Defendant Sharobiem, apparently in the same office as Dr. Vanek, performed the surgical extracton of teeth numbers 1, 16, 17, and 32. (UME No. 7) The proble...

Excerpt: ...a The Ranch Scottish Highland Burgers, Rebecca Cupp, and Shad Cupp. The motion was filed on October 30, 2023 and served electronically on former defense counsel on October 26, 2023. A party may move for summary judgment in an action or proceeding if it is contended that the achon has no merit or that there is no defense to the action or proceeding. Code Civ. Proc. S 437c(a)(1). The motion may be made at any time after 50 days have elapsed since t...

Excerpt: ...ties should merely reference pleadings already filed in this matter by ROA number, rather than re-filing such documents as exhibits. Legal Standard Code of Civil Procedure section 527(a) states, "A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. No preliminary...

Excerpt: ...ing party bears the burden of proving the existence of an applicable agreement. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972 (CAA) ["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"]; See also Ashbey v. Archstone P...

Excerpt: ..., 2023, the court granted the motion to compel and ordered Mrs. Whitworth's depositon to go forward on July 18, 2023. (ROA 308, 301.) On July 18, 2023, Mrs. Whitworth appeared for her deposition, but after what appears to have been a deliberate attempt to obstruct the process, and three instances of instructing the witness not to answer, Ford opted to adjourn the deposition and file the subject motion. Code of Civil Procedure section 2025.460(e) ...

Excerpt: ...pel Further Responses to Special Interrogatories 9. Motion to Compel Further Responses to Special Interrogatories 10. Motion to Compel Further Responses to Special Interrogatories 11. Motion to Compel Further Responses to Special Interrogatories 12. Motion to Compel Further Responses to Special Interrogatories 13. Moton to Compel Further Responses to Special Interrogatories Defendants, Tam-Ky Pho-Do and Toa-Thanh Tay Ninh's (Defendants) Motions t...

Excerpt: ...1987.1 states, in part, "(a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order q...

Excerpt: ..., it has never been registered to do business in California, nor ever had any offices in California, it has no employees in California, and it does not advertise in California. Plaintiffs' request for judicial notice as to Exhibit 1 is GRANTED. (Evid. Code, S 452(d).) As an initial matter, the parties dispute whether OHI's motion is timely. Plaintiffs contend the deadline to file was September 8. On July 26, 2023, counsel for Plaintiffs stated th...

Excerpt: ...Causes of Acton 1-5 are subject to a motion to strike as they are not drawn in conformity with the laws of the state of California, and are not proper or relevant. Plaintiffs first cause of action is for wrongful terminaton in violation of public policy, and it is undisputed that there is no requirement to exhaust administrative remedies before bringing a cause of action for wrongful discharge in violation of public policy. (Medix Ambulance Servi...

Excerpt: ...l Dr. Shoghian's Deposition This unopposed motion is GRANTED. The District served Dr. Shoghian with a deposition subpoena requiring her to appear for deposition and produce documents. The District attempted to coordinate dates with Dr. Shoghian, but she refused to provide dates or otherwise appear. She was served with copies of the moving papers and all other documents relating to this motion, but has not responded in any way or otherwise made an...

Excerpt: ...o show they were not reasonable or necessary. (Fairbank, et al., Cal Prac. Guide: Civ. Trials & Evid. (The Rutter Group 2023) 917:526, citing Ladas v. California State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774-776; Bender v. County of Los Angeles (2013) 217 cal.App.4th 968, 989; and Jones v. Dumrichob (1998) 63 cal.App.4th 1258, 1266 [mere statements in memorandum of points and authorities and declaration of counsel insufficient to rebut prima f...

Excerpt: ...ing the demurrer in part with leave to amend, the Court deems the motion to strike MOOT. Statute of Limitatons In ruling on a general demurrer based on statute of limitations grounds, the running of the statute must appear "clearly and affirmative y" from the face of the complaint. It is not enough that the complaint might be time-barred. (Committee for Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42; Stueve Bros...

Excerpt: ... Conference to discuss the status of Kouyoumjian v. Reganyan and the stay in this action. Defendant Tina Reganyan's Request for Judicial Notice is GRANTED. (See Evid. Code, S 452, subd. (d).) Plaintiff John Doe's evidentiary objections to the Declaration of Defendant Tina Reganyan are OVERRULED as to evidentiary objection numbers 1 and 2, and SUSTAINED as to evidentiary objection numbers 3 and 4. Defendant Tina Reganyan (Defendant Reganyan) moves...

Excerpt: ...ge the time for answer or demurrer." Code of Civil Procedure S 473(a)(1). "The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code." Code Civ. Proc. S 473(a)(1). Additionally, any judge, at any time before or after commencement of trial, ...

Excerpt: ... in the complaint are admitted for purposes of the motion, and the court determines whether those facts constitute a cause of action. The court also may consider matters subject to judicial notice"" (Harris v. Grimes (2002) 104 Cal.App.4th 180, 185.) The complaint alleges defendant violated the California Voting Rights Act by diluting the votes of Latino residents through unlawful at-large elections in November 2020 and 2022. (See Compl. "1 1, 3....

Excerpt: ...an anti-SLAPP motion to strike as follows. Section 425.16, subdivision requires the court to engage in a two-step process. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity. The moving defendant's burden is to demonstrate that the act or acts of which the plaintiff complains were taken 'in furtherance osf the [defendant]'s right of petition or fre...

Excerpt: ...staffng agency, entered into a Managed Services Agreement ("MSA") with PSG, a national temporary staffing agency. According to the MSA, World operated "as a marketing and client services agent of PSG for all temporary staffng business generated by the assignment of laborers from an Agency location." Pursuant to the MSA, World would perform certain activites for laborers working at Client Companies and PSG would perform other activities, including...

Excerpt: ... 39 Cal.3d 311, 318.) Defendant demurs to the fourth cause of action for fraudulent inducement/concealment, arguing the FAC fails to allege any pre- or post- transacton communications, knowledge of the defects, or intent to induce reliance. Further, Defendant argues that absent a fiduciary relationship between the parties, a duty to disclose only arises where (1) the defendant had exclusive knowledge of the material fact; (2) the defendant active...

Excerpt: ...y be judicially noticed.' [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context." (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) It is not an abuse of discretion to sustain a demurrer without leave to amend if there is no reasonable possibility that the defect can be cured by amendment. (See Jenkins v. County of Orange (1989) 212 Cal.App.3d 278.) As a preliminary matter, Defend...

Excerpt: ...ions will not lie where the action may be, but is not necessarily, barred. In order for the bar to be raised by demurrer, the defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows that the action may be barred. (Geneva Towers Ltd. Partnership v. City and County of San Francisco (2009) 29 Cal 4 th 769, 781... )" Committee for Green Foothills v. Santa Clara Board of Supervisors (2010) 4...

Excerpt: ...owners of the subject real property, and (2) plaintiff Amber Allen (then Amber Booth), as trustee of the Paseo Viento Trust. (4AC 19-21, 60.) To be clear, plaintiff as trustee was the buyer, not the trust. A trust is not itself a legal entity; legal title to property owned/being purchased by a trust is held by the trustee. (See Stoltenberg v. Newman (2009) 179 Cal.App.4th 287, 293; see also Portico Management Group, LLC v. Harrison (2011) 202 Cal...

Excerpt: ...n lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Secton 416.10, 416.20, 416.30, 21 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post offce box, with the person who is apparently in ...

Excerpt: ...at ROA No. 346; see also Code Civ. Proc., S 425.16, subd. (e)(4).) Prong two, first cause of action for libel. Plaintiffs have failed to demonstrate their first cause of action for libel has minimal merit. (See Baral v. Schnitt (2016) 1 Cal.5th 375, 396 (Baral) [burden; on second prong, "the burden shifts to the plaintiff to demonstrate that each challenged claim based on protected activity is legally suffcient and factually substantiated"]; Bill...

Excerpt: ...Christian (1968) 69 cal.2d 108.) The duty to warn of or remove a dangerous condition of property created by a third party arises only when the landowner had actual or constructve knowledge, or by ordinary investigation should know, of the dangerous condition. (Hatfield v. Levy Brothers (1941) 18 Cal.2d 798, 806); see also Ortega v. Kmart Corp. (2001) 25 Cal.4th 1200, 1206 (Ortega).) California courts have also repeatedly held that landowners are ...

Excerpt: ...mmary judgment is directed to the issues framed by the pleadings. As such, the burden of a defendant moving for summary judgment only requires that the defendant negate a plaintiffs theories of liability as alleged in the complaint. Leyva v Garcia (2018) 20 Cal. App. 5th 1095, 1102. The defendant may meet the burden of showing that an essential element of the plaintiffs claim cannot be established by presenting evidence that the plaintiff "does n...

Excerpt: ... of $209,000 was reached at a mediation on 11/11/22. Although Medina had been invited to attend and had recently filed her answer, Medina opted to not participate in the mediation. (Dorr Decl. 912) The settlement agreement is attached to Dorr's declaration and states that it is "expressly conditioned on court approval of Petitions for Minor's Compromise." (Exh. 1, 913) Section 877.6 allows a settling defendant or cross-defendant to obtain a deter...

Excerpt: ...the hearing. As the hearing is 1/8/2024, the reply papers are late. Code of Civil Procedure 12c. Similarly, Santa Mix's Response (ROA 388) to plaintff's statement of undisputed facts was filed on 01/4/2024 at 10:43 AM. In addition to being late, the summary judgment statute does not provide for a Reply Separate Statement, nor are exhibits and evidence in support of reply papers generally allowed. Nazir v. United Airlines, Inc. (2009) 178 Cal. App...

Excerpt: ...leged in the complaint. Leyva v Garcia (2018) 20 Cal. App. 5th 1095, 1102. The defendant may meet the burden of showing that an essential element of the plaintiffs claim cannot be established by presenting evidence that the plaintiff "does not possess and cannot reasonably obtain, needed evidence." Lona v Citibank, N.A. (2011) 202 Cal. App. 4th 89, 110. Only after a defendant meets that burden, does the burden shift to the plaintiff to produce ad...

Excerpt: ...onses without objections to Requests for Production, Form Interrogatories and Special Interrogatories, Sets One and to pay sanctions in the total amount of $1,800 to Defendant. Terminating Sanctions Defendant contends Plaintiff must be subject to terminating sanctions because she has "repeatedly and willfully abused the discovery process" by failing to respond to OCTA's discovery and failing to comply with the Court's 09-18-2023 order. 12 Disobey...

Excerpt: ...t is a misuse of the discovery process. Pursuant to section 2023.010(g), misuse of the discovery process includes the disobeying of a court order to respond to discovery. The failure to comply must be willful. R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495; Vallbona v. springer (1996) 43 cal.App.4th 1525, 1545; Biles v. Exxon Mobil corp. (2004) 124 cal.App.4th 1315, 1327. Here, on 01-30-2023, the Court ordered Defenda...

Excerpt: ...ourt will exercise its discretion to consider the opposition, but admonishes Plaintiff to abide by court rules for all future filings. Plaintiff does not dispute the Federal Arbitration Act (FAA, 9 U.S.C. S 1, et seq.) applies here. Under the FAA, the moving party on a motion to compel arbitration must demonstrate the existence of an arbitration agreement between the parties that covers the controversy or claims at issue. (Roes v. SFBSC Managemen...

Excerpt: ...e petition or attached thereto. (C.R.C. 3.1330.) The burden then shifts to the resisting party "to demonstrate that an arbitration clause cannot be interpreted to require arbitration of the dispute." (Buckhorn v. St. Judge Heritage Medical Group (2004) 121 Cal.App.4th 1401, 1406.) Any reasonable doubt as to whether a claim falls within the arbitration clause is to be resolved in favor of arbitration. (Villacreses v. Molinari (2005) 132 Cal.App.4t...

Excerpt: ...s to Requests for Production Civil Procedure Code section 2031.210 requires that: The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following: (1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to ...

Excerpt: ...verified response within 15 days; Request #8: Defendant responded that no such document exists; This is sufficient response; Deny; Request #12, 17-19, 22, and 26: Request is impermissibly overbroad; Deny; Request #31: Plaintiff did not show good caused for this request; Deny; Request #32: Plaintiff showed good cause for this request; Defendant did not justify its objections to this request; Grant; Defendant to serve a supplemental verified respon...

Excerpt: ...), Set Two, filed by Mr. Gorla. 80th motons are GRANTED IN PART as discussed below. Motion 1 Pursuant to Code Civ. Proc. S 2025.290(a), the court shall allow additional time for deposition, beyond the seven-hour limit imposed by this section, "if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination." The Court finds Cross-Defendants have shown good cause for a furthe...

Excerpt: ...proper 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. Furthermore, "[tlhe grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice." (Code Civ. Proc. S 437, subd. (a).) Plaintiff's Punitive Damages Allegations and P...

Excerpt: ...-2022. California Rules of Court, rule 3.1700(b)(1).) The Court finds this motion to be timely based on Defendant Elizabeth Torres' refiling of the Memorandum of Costs on 05-03-2023. CCP S 998 Reasonableness: Plaintiff contends Defendant's 998 offer was not reasonable because it was made only two months after Defendant answered the Complaint and before any discovery had commenced. "It is the general rule that where a party shows a prima facie ent...

Excerpt: ...otice of ruling. Plaintiff Anthony J. Ortiz's Motion to Compel Further Responses and Responses Under Oath [Form Interrogatories] is GRANTED in part and DENIED in part. Defendant General Motors LLC is ORDERED to serve full, complete, and verified responses and Plaintiff Anthony J. Ortiz's Special Interrogatories, Set One, Numbers 1-6, 23-24, 30-31, 33, and 36 within 30 days of the notice of ruling. Plaintiff Anthony J. Ortiz moves to compel Defend...

Excerpt: ... CareRx, LLC's Form Interrogatories — General, Set One on or before January 19, 2024. Defendant VNA of Greater LA is ORDERED to serve full, complete, and verified responses to Plaintiff CareRx, LLC's to Plaintiff CareRx, LLC's Form Interrogatories — General, Set One on or before January 19, 2024. Defendant VNA of Orange County LLC is ORDERED to serve full, complete, and verified responses to Plaintiff CareRx, LLC's to Plaintiff CareRx, LLC's ...

Excerpt: ...nst plaintiff Yneges based on a rejected Civ. Proc. Code S 998 offer Defendant served on Yneges on 08/19/21. This is the only 998 offer presented into evidence on this motion. Civ. Proc. Code S 998 in relevant part states: "(c)(l) If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award, the plaintiff shall not recover his or her postoffer costs and shall pay the defendant's costs from t...

Excerpt: ...ers. 2. Plaintiff moves for monetary and terminating sanctions against Defendants Elena Medo and Adrianne Weir for the spoliation and intentional destruction of evidence by Medo in violation of the Court's TRO and Preliminary Injunction Orders. UPCOMING EVENTS: 1. Motion for Summary Judgment and/or Adjudication — January 19, 2024 2. Pretrial Conference — February 6, 2024 3. Jury Trial - February 26, 2024 FACTS/OVERVIEW: This is a trade secret...