Excerpt: ...uiz Declaration filed as of the date of the hearing on this Motion. Initially, proofs of services herein were filed on May 7, 2020 indicating the summons, complaint, and statement of damages were served on Defendants United States Karate Organization, Inc. and Joseph Anthony Pagliuso, Jr. [See ROAs, 8, 9] The filing of a proof of service creates a rebuttable presumption that the service was proper. [Floveyor Internat., Ltd. v. Superior Court (199...

Excerpt: ...ortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. Upon a showing of good cause, the court may shorten the time for giving the required notice to permit the determination of the issue to be made befor...

Excerpt: ...m for negligent misrepresentation as the Complaint fails to allege a misrepresentation and does not set forth facts demonstrating reasonable reliance or proximate causation of harm. Gates further contends that Plaintiff claims contractual damages which is recoverable through the other causes of action such that the cause of action is deficient, redundant and improper. Plaintiff Mindi Miller (“Plaintiff”) contends that the negligent misreprese...

Excerpt: ...urrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Emphasis supplied.) Defendant attempted to meet and confer via email and Plaintiff responded indicating disagreement. Defendant did not attempt to ca...

Excerpt: ...be answered under oath. (b) An interrogatory may relate to whether another party is making a certain contention, or to the facts, witnesses, and writings on which a contention is based. An interrogatory is not objectionable because an answer to it involves an opinion or contention that relates to fact or the application of law to fact, or would be based on information obtained or legal theories developed in anticipation of litigation or in prepar...

Excerpt: ...010) 186 Cal.App.4th 383, 388 (internal quotation marks omitted), the appellate court described summary judgment/adjudication motions sought by plaintiffs: [W]here the plaintiff has also moved for summary judgment—or, as in this case, summary adjudication—that party has the burden of showing there is no defense to a cause of action. [Citation.] That burden can be met if the plaintiff has proved each element of the cause of action entitling th...

Excerpt: ... LLC and OC Burger Boys, LLC is GRANTED IN PART AND DENIED IN PART as set forth below. Defendants are ordered to provide further responses as set forth below by August 2, 2021. I. RFPs 31-34 (directed to both Defendants) RFPs 31-34 appear to be identical as to both Defendants. They seek emails in which Business Managers either reported working more than an hour of time off-site or sought pre-approval to work overtime. Defendants' timekeeping poli...

Excerpt: ...t to enforce these provisions. Similarly, defendants have not shown that Maryland law applies to determine standing. Further, as previously noted, the court will not make standing rulings at the pleading stage, in the absence of full briefing and the opportunity for an evidentiary showing. This court also rejects defendants' statute of limitations argument. Defendants argue that plaintiff's allegations of delayed discovery fail, but absent a deta...

Excerpt: ..., Fourth, Seventh and Eighth Causes of Action. The Demurrer to the Second Amended Complaint by Defendant Northwood Investors, LLC is SUSTAINED with 15 days leave to amend as to the First, Second, Third, Fourth, Seventh and Eighth Causes of Action. Based on the Request for Dismissal plaintiff filed on June 21, 2021, the Demurrers to the Fifth and Sixth Causes of Action are MOOT and off calendar. Plaintiff's Request for Judicial Notice is GRANTED. ...

Excerpt: ... to file written objections to Defendant's points and authorities in support of the demurrer. Plaintiff's objections are overruled. Motion No. 1 – Demurrer 2nd COA – Negligent Failure to Report Child Abuse: The complaint alleges that Plaintiff, a disabled minor, suffered abuse at Harbor Learning Center, which is operated by OCDE. Plaintiff alleges Defendant Christa Paul was Vice Principal and Defendant Dave Penaflor was Plaintiff's teacher at...

Excerpt: ...tion is a modification or adjustment to the work environment that enables the employee to perform the essential functions of the job he or she holds or desires. The elements of a reasonable accommodation cause of action are (1) the employee suffered a disability, (2) the employee could perform the essential functions of the job with reasonable accommodation, and (3) the employer failed to reasonably accommodate the employee's disability. (Nealy v...

Excerpt: ...f in a Kaiser Permanente parking lot causing her severe harm. The motion seeks summary judgment, or alternatively, summary adjudication as to the following issues: 1. The cause of action for negligence has no merit because Bourgoyne acted outside the scope of his employment, and therefore, respondeat superior is not applicable. 2. The cause of action for negligent hiring, supervision, and/or retention of employee has no merit because there is no ...

Excerpt: ... Defendant, by signing an arbitration agreement on February 11, 2019 (the “Agreement”), which encompasses all of Plaintiff's claims in this lawsuit. Defendant also contends that the Federal Arbitration Act (“FAA”) governs the Agreement and that both the FAA and California law require arbitration of Plaintiff's claims as the Agreement is enforceable, and that neither the narrow carve out permitting Defendant to file an action in court for ...

Excerpt: ...laintiffs to the following identical Requests: (1) “All tax return YOU filed with the Internal Revenue Services from 2016 to the present.” (2) “All tax return YOU filed with the California Franchise Tax Board from 2016 to the present.” Entity Plaintiffs object to these Requests on the grounds of taxpayer privilege. “There is no recognized federal or state constitutional right to maintain the privacy of tax returns. [Citations.] Californ...

Excerpt: ...Defendant Brandon Burkhart. Mackenzie Alston is/was the wife of Kenneth Alston, one of the owners of Route Four and a defendant in the consolidated case, Burkhart v. Route Four LLC, et al., Case No. 2020- 01130231. According to the papers filed in support of the motion, in September 2020, Kenneth Alston witnessed his wife receive a call from a “Brandon Burkhart” on her phone. Burkhart is a defendant in this action and the plaintiff in the con...

Excerpt: ...(2) conspiracy to commit fraud; (3) and unfair business practices. (Id.) These claims are based on the allegation that Charley Cha's signature was forged on the 2018 Security Agreement. (Id.) In addition, the Cross-Complaint pleads an additional cause of action against Heedo Han and Grace Han (Roe 1) based on their alleged breaches of obligations under separate agreements relating to the purchase and sale of Defendant. (Id.) The trial in this cas...

Excerpt: ...ition, Paras. 3-6; Epic Communications, Inc. v. Richwave Technology, Inc. (2009) 179 Cal.App.4th 314, 329 [negotiations in California, for an agreement to be performed in California, “certainly constitute purposeful availment … of the privilege of doing business in this state … We see no reason to suppose that the … employee should not expect to answer in California for the dispute [he] was so intimately involved in generating”].) Plain...

Excerpt: ...ubmitted a declaration in support of Defendant's reply. “The general rule of motion practice…is that new evidence is not permitted with reply papers…‘[T]he inclusion of additional evidentiary matter with the reply should only be allowed in the exceptional case ...' and if permitted, the other party should be given the opportunity to respond.” ( Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) Defendant's newly submitted evidence...

Excerpt: ...ages in the Prayer for Relief (Issue 10). The Motion is moot in its entirety as to now dismissed Defendants Albert Chavez and Rafael Martinez. (ROA 155) A. Evidentiary Issues The Court notes that the objections filed by Defendant to the evidence submitted by Plaintiff in opposition to the Motion do not comply with the formatting requirements of Rule 3.1354 of the California Rules of Court. Instead of succinctly stating the testimony objected to a...

Excerpt: ...3) Plaintiff's third cause of action, for religious discrimination in violation of Government Code Section 12940(a); and (4) Plaintiff's fifth cause of action, for defamation under Civil Code Section 46. Defendant also demurs to the same four causes of action – the first, second, third, and fifth – as well as to Plaintiff's ninth cause of action for waiting time penalties, and eleventh cause of action for declaratory and injunctive relief. In...

Excerpt: ...” (Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 225.) In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395...

Excerpt: ...e demurrer is overruled as to the fourth and fifth causes of action under FHA and the ADA, as well as the sixth cause of action under FEHA. The City's unopposed motion to strike is granted without leave to amend. The City's requests for judicial notice are granted. Demurrer First Cause of Action for Violation of 42 U.S.C. §1983/Equal Protection and Procedural Due Process14 th Amendment As in prior iterations of their cross-complaint, Cross-Compl...

Excerpt: ... (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) A demurrer is limited to the operative complaint's four corners, attached exhibits, and judicially noticeable matters. (Hoffman v. Smithwoods RV Park, LLC (2009) 179 Cal....

Excerpt: ...ake judicial notice of wage history information from the website for the State of California Department of Industrial Relations. However, the printout described is not attached to their request. In any event, even as to matters which are appropriate for judicial notice, the court may not take judicial notice of the truth of the matters stated within. Analysis In ruling on the sufficiency of a complaint against a general demurrer, the court must "...

Excerpt: ...on of administrative remedies is required, unless an exception applies. “‘The exhaustion doctrine is principally grounded on concerns favoring administrative autonomy (i.e., courts should not interfere with an agency determination until the agency has reached a final decision) and judicial efficiency (i.e., overworked courts should decline to intervene in an administrative dispute unless absolutely necessary).'” (Coachella Valley Mosquito &...