Excerpt: ...ummary judgment against Plaintiff's Complaint, Defendant asserts Plaintiff's single claim for “Negligence” fails to identify an applicable statute, to support liability. Defendant, essentially, asserts the claim amounts to an improper common law claim for negligence, for which the immunity outlined in Government Code section 815(a) applies. Defendant is correct in asserting the “Negligence” claim does not identify a statute which supports...

Excerpt: ...t of the cause of action alleged in the complaint. [¶] (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” Eckler v. Neutragena Corporation (2015) 238 Cal.App.4 th 433, 439, states, “ ‘A motion for judgment on the pleadings serves the function of a demurrer, challenging only defects on the face of the complaint.' [Citation.]' As with a demurrer, ‘[t]he grounds for a motion for judgm...

Excerpt: ...uring the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action.” Code of Civil Procedure section 428.50 states, “(a) A party shall file a c...

Excerpt: ...emurrer in part and overrules it in part. Plaintiffs are granted 20 days leave to amend. (1) The Demurrer to Plaintiffs' Second Cause of Action against Defendant Noour for breach of fiduciary duty of loyalty is sustained. The Second Cause of Action alleges that: “Defendant NOOUR was in a contractual relationship with Plaintiffs to provide sales representation in exchange for commission on sales revenue.” (FAC, ¶31). The law is clear that a p...

Excerpt: ...l. ¶¶ 4, 13-14.) “‘[C]elebrity gossip' [is] properly considered, under established case law, as statements in connection with an issue of public interest: ‘In general, “[a] public issue is implicated if the subject of the statement or activity underlying the claim ... was a person or entity in the public eye.'” (Jackson v. Mayweather (2017) 10 Cal.App.5th 1240, 1254.) No doubt, “celebrity status, on its own, is not sufficient to ren...

Excerpt: ...reliminary matter, the Court finds that Defendant's demurrer does not constitute a motion for reconsideration of Judge Hunt's ruling on Defendant's demurrer to Plaintiff's First Amended Complaint, in which Judge Hunt overruled Defendant's demurrers to the 2 nd and 3 rd causes of action on essentially the same grounds as in Defendant's current demurrer to the 4AC. “[W]hen a plaintiff files an amended pleading in response to an order sustaining a...

Excerpt: ...ause she did not sign the contract. Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 307 states: “To state a cause of action for breach of contract, a party must plead the existence of a contract, his or her performance of the contract or excuse for nonperformance, the defendant's breach and resulting damage. (Otworth v. Southern Pac. Transportation Co. (1985) 166 Cal.App.3d 452, 459, 212 Cal.Rptr. 743.) If the action is based on all...

Excerpt: ...aintiff allege Defendant trespassed on their property by means of a water intrusion which caused mold in the walls of the premises, interfering with their use of the premises and causing loss of business income. At paragraph 42 of the complaint, Plaintiffs allege the following: “(a) Landlord fails and refuses to take steps to prevent the innundation [sic] of water into the Premises; (b) Landlord fails and refuses to take steps to attenuate the ...

Excerpt: ...hich includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek ...

Excerpt: ... 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 accordance with the applicable standard of proof.” Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850, as modified (July 11, 2001). “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material ...

Excerpt: ... Overtime Wages in Violation of Labor Code §§ 1194 and 510; (4) Failure to Provide Meal and Rest Periods, Violation of California Labor Code §§ 226.7 and 512; (5) Failure to Pay Discharged Employee; (6); Unreimbursed Business Expenses; (7) Failure to Provide Itemized Statements to Employee; Violation of Labor Code § 226; (8) Violation of Labor Code § 558; and (9) Violation of Bus. Code 17200. According to the undisputed material facts, Defe...

Excerpt: ... was Plaintiff's psychotherapist, or that the patient-psychotherapist privilege applies. (Evid. Code, §§ 1012 and 1014; Civ. Code, §56.10.) Instead, Defendants contend Plaintiff waived his patient- psychotherapist privilege because Plaintiff tendered his mental and emotional condition as an issue in this lawsuit by claiming that the subject vehicle collision “severely aggravated” Plaintiff's post-traumatic stress disorder (PTSD). (Evid. Co...

Excerpt: ...ess they are submitted by a self-represented party, electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit.” Plaintiff should abide by this rule in the future. Form Interrogatory 12.1 requests the name, ADDRESS, and telephone number of each individual: (a) who witnessed the INCIDENT or the events occur...

Excerpt: ...yers, dates of employment, job titles, full or part-time) is protected by a right of privacy. . . [Alch v. Sup.Ct. (Time Warner Entertainment Co.) (2008) 165 CA4th 1412, 1426-1427.” Cal. Prac. Guide Civ. Pro. Before Trial (Rutter Group) 8:307.10. “[D]ocuments and communications [Plaintiff's] personnel, tenure, and promotion files, whether relating only to his initial employment, or also to his ‘promotion, additional compensation, or termina...

Excerpt: ...tiengesellschaft v. Schlunk, 486 U.S. 694, 705.) Both China and the United States are parties to the Hague Convention. The Hague Convention requires Plaintiffs to forward requests for service of process to the central authority of China, Defendant Liu's (“Liu”) home country. (See Hague Convention, art. III.) “The Hague Convention permits default judgement against a foreign party once three elements have been satisfied, even if the foreign p...

Excerpt: ... ¶ 3.) On or about 7/20/20, the Court granted, in part, Plaintiff's motion to compel further SROG responses. (ROA 59.) On or about 9/3/20, Defendant provided supplemental responses to SROGs, Nos. 4-11 and 16-17, which in turn referred to documents produced by Defendant. (Chae Decl., ¶ 11, Ex. 2; C.C.P. § 2030.210.) On or about 9/16/20, the Court granted, in part, Plaintiff's motion to compel further RFP responses. (ROA 74.) On or about 10/21/2...

Excerpt: ...an arbitration award is due 10 days from service of the petition. Code Civ. Proc., § 1290.6. Petitioner did not object to the untimeliness of Respondent's opposition, did not show any prejudice as a result of the untimely opposition, and served and filed a reply. Accordingly, the Court exercises its discretion and considers the opposition. Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 847. As noted in the Court's 3/25/2021 Minu...

Excerpt: ... it. “On a challenge to personal jurisdiction by a motion to quash, the plaintiff has the burden of proving, by a preponderance of the evidence, the factual bases justifying the exercise of jurisdiction. . . The plaintiff must come forward with affidavits and other competent evidence to carry this burden and cannot simply rely on allegations in an unverified complaint. . . If the plaintiff meets this burden, ‘it becomes the defendant's burden...

Excerpt: ...e further code- compliant responses, including all responsive documents and without objection, by no later than May 24, 2021. (The Court limits the scope of responsive documents in two ways noted below.) Defendants and their counsel, Leonard W. Stitz, are jointly and severally sanctioned in the amount of $2,137.50. Plaintiff's requests for an order compelling Michael Harrah's deposition and a spoliation instruction are DENIED WITHOUT PREJUDICE to...

Excerpt: ...borists to secure the deposition of the City's retained expert consultant, specifically employing the services of the OCSD. To determine the propriety of the deposition, it is critical to discuss the deponent. Rebecca Latta is a certified arborist and tree risk assessor, with 28 years of experience in horticulture, arboriculture and water management for municipal, utility, residential and commercial properties. Review of her cv suggests that the ...

Excerpt: ...er stones as well as stage 3-4 prostate cancer.” (Complaint, at ¶¶ 12- 14.) “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A “party moving for summary judgment bears an initial burden of production to make a prima...

Excerpt: ...orders on Defendant JRMK Investment LLC's demurrers, which resulted in judgment in favor of JRMK. JRMK purchased the property in a foreclosure sale and Plaintiff alleges the same cause of action based on the same conduct as the Moving Defendants. (SAC, at ¶¶ 21-27, 28.) All of the court's analysis equally apply to the instant motion. (See 10/18/2019 & 1/31/2020 Minute Orders [ROA 94 & 137].) 1. The Statute of Limitations has run on all claims. ...

Excerpt: ..., or person to compel the performance of an act which the law specially enjoins… .” (Code Civ. Proc., § 1085, subd. (a); Johnson v. Langond (1902) 135 Cal. 624, 625 [mandamus to compel secretary of corporation to allow stockholder to inspect books].) A writ will issue only “upon the verified petition of the party beneficially interested.” (Code Civ. Proc., § 1086.) The petitioner must have a “clear, present and beneficial right” to ...

Excerpt: ...s objection no. 3 is sustained. Merits Civil Code section 1794, subdivision (d) provides: “If the buyer 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 p...

Excerpt: ... 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 supplemental declaration simply asserting that the issues have been resolved. The Status Conference set for June 18, 2021 is ordered off calendar...