Excerpt: ...sly 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 District (2012) 209 Cal.App...

Excerpt: ...m, and (ii) the balance of harm presented, i.e., the comparative consequences of the issuance and nonissuance of the injunction. [Citations.]” (Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 441-442; footnote 7 omitted.) “A trial court deciding whether to issue a preliminary injunction weighs two interrelated factors—the likelihood the moving party will prevail on the merits at trial and the relative balance of the interim harms...

Excerpt: ...iciency of handling litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order . . . that the trial of any issue of any part thereof shall precede the trial on any other issue or any part thereof in the case . . .” Code Civ. Proc. § 1048(b) states: “[t]he court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separat...

Excerpt: ...n (2002) 29 Cal.4th 69, 78 [burden]; Daniels v. Robbins (2010) 182 Cal.App.4th 204, 215 [malicious prosecution]; Booker v. Rountree (2007) 155 Cal.App.4th 1366, 1370 [abuse of process]; Newport Harbor Offices & Marina, LLC v. Morris Cerullo World Evangelism (2018) 23 Cal.App.5th 28, 45 [filing unlawful detainer]; see also Compl. ¶¶ 8, 10, 12-13, 21-22, 24-26, 28-31.) Plaintiff does not dispute this. Plaintiff fails to meet his shifted burden to...

Excerpt: .... After Dr. Orenstein defaulted on the loan payments, Balboa sued Dr. Orenstein and his company, Sculpt Medical. Sculpt filed for Bankruptcy. Balboa settled with Sculpt for $3,500.00. Dr. Orenstein contends that this settlement released him from all liability for the loan. The Mutual Settlement and Release Agreement was based on the 4/2/17 Equipment Financing Agreement. The agreement referred to this litigation, Case number 30-2019- 01115559. The...

Excerpt: ...ltimate facts, in ordinary and concise language, and with sufficient detail to acquaint a defendant with the nature, source and extent of the claim. The degree of detail required depends on the extent to which the defendant in fairness needs such detail which can be conveniently provided by the plaintiff. Less particularity is required when the defendant ought to have co-extensive or superior knowledge of the facts. Under normal circumstances, th...

Excerpt: ...ty: Plaintiff TML Recovery, LLC Ruling Motion 1: Defendant Northwestern's Demurrer to the Third Amended Complaint is overruled. (Code Civ. Proc., § 430.10(e).) Ruling Motion 2: Defendants The Guardian Life Insurance Company of America, Pacific Advisors, LLC, and Park Avenue Securities, LLC's Demurrer to the Third Amended Complaint is overruled in part and sustained in part. (Code Civ. Proc., § 430.10(e).) Ruling Motion 3: Defendant Boll's Demur...

Excerpt: ...second is Defendants' Demurrer to Plaintiff's Complaint. Special Motion to Strike the Complaint The Court grants the Special Motion to Strike (the “Motion”) as to Defendant Anne Jung. The Court denies the Motion as to Defendants California Mortuary Group Inc. and Yung M. Jung. Defendants' Request for Judicial Notice, which was filed for the first time with their reply, is denied. Jay v Mahaffey (2013) 218 Cal.App.4th 1522, 1536. Defendants' e...

Excerpt: ...tition, it appears that Cross-Complainant Miguel Chavez lost standing to sue. The doctrines of Judicial Estoppel and Unclean Hands do not apply on a Motion for Judgment on the Pleadings Motion for Judgment on the Pleadings: “In the case of either a demurrer or a motion for judgment on the pleadings, leave to amend should be granted if there is any reasonable possibility that the plaintiff can state a good cause of action. . . . Where a demurrer...

Excerpt: ... A and B is GRANTED. Truck's Request for Judicial Notice of Exhibits A through C is GRANTED. Code of Civil Procedure section 437c, subdivision (p)(1) provides, “A plaintiff or cross- complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross-complainant has met that ...

Excerpt: ...nce.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 855.) While defendant's evidence tends to show plaintiff didn't see what caused the accident (Def. SSUF #3-6), defendant has not shown that plaintiff “cannot reasonably obtain” evidence about the accident. (Aguilar, at p. 855.) Even if moving party had met its initial burden, plaintiff Luis Ceniceros met his shifted burden to show a triable issue of material fact as to causatio...

Excerpt: ...by any court to any inferior tribunal, corporation, board or person…to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by that inferior tribunal, corporation, board, or person.” Pursuant to Corporations Code section 1601, “[t]he accounting books and records and minutes of proceedings of the shareholders and the board and committees...

Excerpt: ... controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (d) The right to compel arbitration has been waived by the petitioner; or (e) Grounds exist for the revocation of the agreement. (f) A party to the arbitration agreement is also a party to ...

Excerpt: ...ich is the basis of this motion. Pursuant to CCP § 2025.410(c), once a motion to quash a deposition is filed, the deposition sought to be quashed is stayed pending resolution of the motion. On February 5, 2021, Plaintiff issued a deposition subpoena to third party Riptide Holdings, LLC, calling for production and appearance on February 24, 2021. Defendant's Exhibit A (ROA 1980). Defendant Riptide Restaurants, Inc. objected on February 9, 2021. D...

Excerpt: ...nt's purported “utilization of the same scheme” to defraud other persons, and discovery orders in other cases. The Court did not consider this evidence. However, the Court did consider Defendant's deposition testimony, notwithstanding the fact that Plaintiff originally proffered an uncertified, “rough” copy of the transcript, because Plaintiff later supplemented the record with a certified transcript. Failure to respond to an authorized m...

Excerpt: ..., § 2030.220, subds. (a) & (b).) Where the question is specific and explicit, an answer that supplies only a portion of the information sought is improper. It is also improper to provide “deftly worded conclusionary answers designed to evade a series of explicit questions.” (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783.) A motion to compel also lies where the party to whom the interrogatories were directed gave responses deemed improper b...

Excerpt: ...mmary judgment or, in alternative, summary adjudication is DENIED. The Court declines to rule on the parties' evidentiary objections, which are immaterial to the disposition of the motion. (CCP § 437c(q).) I. Summary Judgment The only questions that may be litigated in a summary judgment motion are whether “the action has no merit” or “there is no defense to the action or proceeding.” (CCP § 437c(a)(1).) As a result, summary judgment ma...

Excerpt: ...agreement with non-party Crevier BMW, which contains the arbitration clause. However, while the existence of the lease is a prerequisite to Plaintiff's Song-Beverly Act claim, plaintiff's claims against BMW do not rely on the terms of the lease. They rely on the express warranty issued by BMW as alleged at paragraph 10 of the complaint. In support of its argument, BMW points to the case of cites Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486. ...

Excerpt: ...v. Superior Court (1998) 61 Cal.App.4th 1431, 1435, citations omitted [explaining “This rule is designed ‘to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order.'”].) Here, the record shows St. George's counsel sent a single letter, on January 25, 2021, to defense counsel to address four sets of discovery responses. (Williams Decls., at ¶ 4, Exh. C.) Defense counsel sent a response...

Excerpt: ...is in Department C26, but he has designated the case complex and stayed proceedings to permit the filing of this coordination petition. (Brady Decl. (ROA 5), Ex. C.) As a result of the stay, while Cardenas has been designated complex, it has not yet been transferred to a complex department by the Presiding Judge. I. Background A. Factual Allegations The Included Actions, whose complaints are nearly word-for-word identical except for details about...

Excerpt: ...complied with the requirements of California Rule of Court 3.1345(c); and, in any event a separate statement is not required in all instances because a concise outline may be allowed pursuant to California Rule of Court 3.1345(b). (Reply, at p. 8.) Plaintiffs document is labeled a "Separate Statement." It does not comply with California Rule of Court 3.1345(c). As to Plaintiffs' argument that a separate statement was not required, effective Janua...

Excerpt: ...ed to provide complete responses to every discovery request at issue, as set forth below. 2. The following facts/issues shall be taken as established against Defendants: a. That the tasks performed by Business Managers are governed by detailed uniform policies that prevent the exercise of independent judgment and discretion. b. That the four non-Business Manager hourly employees with the highest hourly rate at each of Defendants' restaurants in e...

Excerpt: ...Inc. (1972) 7 Cal.3 rd 695, 706; See also Civil Code §8180). Per Civil Code §8412 and Civil Code §8180(a), the maximum period in which a mechanic's lien may be recorded is 150 days from the date of cessation of labor (i.e. 60 days after cessation is “completion” and then 90 days from completion). “Courts have looked at whether the work at issue was required under the claimant's contract in determining whether a work of improvement was co...

Excerpt: ...ut also her history involving erratic driving. The hearing report of 5-22-18 states in part: “Did the Respondent cause or contribute to the cause of a collision that resulted in a fatality? The department finds that the Respondent contributed to the cause of a collision based on the physical evidence regarding the damages sustained to the Mercedes Benz on the left driver side which is consistent with damage sustained to Respondent's vehicle on ...

Excerpt: ...ants' separate statement is grouped by cause of action, with between 2-3 discrete issues for adjudication set forth below, instead of setting each issue as a separate noticed issue with its own section as required by the Rules of Court. Additionally, rather than sent forth separately, each Undisputed Material Facts (“UMF”) in support of each noticed issue, most of the separate statement incorporates the preceding UMFs by reference. Failure to...