Excerpt: ...egal action or proceeding in the United States District Court for the District of Utah or in any court of the state of Utah sitting in Salt Lake City.” “ ‘In California, the procedure for enforcing a forum selection clause is a motion to stay or dismiss for forum non conveniens ... , but a motion based on a forum selection clause is a special type of forum non conveniens motion. The factors that apply generally to a forum non conveniens mot...

Excerpt: ...e defective. The proof of service for the motion was filed on December 6, 2019, but it was dated and executed on December 8, 2019. (ROA 67.) The proof of service for the declaration accompanying the motion was also filed on December 6, 2019 but dated and executed on December 9, 2019. (ROA 68.) These are not sufficient proofs of service. The proof of service could not possibly have been executed on 12/8/19 or 12/9/19. Nor could the declarant truth...

Excerpt: .... Nicole Vincent and Dr. Grace Mucci, relating to Plaintiff Lunden David Peterson, dated after November 9, 2018 (the date of Plaintiff's alleged injury) through to the present. (¶10 of Complaint). This production is ordered to occur within 15 days-notice of this order. Initially, the Court finds the instant Motion was timely and accompanied by sufficient attempts to meet and confer, in compliance with C.C.P. §2025.480(b). Per the Declaration of...

Excerpt: ...as noted in the court's Minute Orders of July 9, 2020 and July 10, 2020. Plaintiffs have filed nothing further since the July 9, 2020 hearing. As discussed below, Leonard does not meet his burden of proof. Evidentiary Objections 1. Overruled. 2. Sustained. (Evid. C. §§ 403, 1200, 702, 801-803.) 3. Sustained. (Evid. C. §§ 403, 1200, 702, 801-803.) 4. Sustained. (Evid. C. § 403, 702.) 5. Sustained. (Evid. C. § 403, 702, 801-803, 1200.) 6. Sus...

Excerpt: ... Motion for Summary Adjudication is DENIED as to first, fourth, sixth, ninth, and tenth causes of action. The Motion for Summary Adjudication is GRANTED as to the seventh, and eighth causes of action. As an initial matter, the Court notes that plaintiff's opposing separate statement fails to comply with Code of Civil Procedure section 437c(b)(3), which requires each material fact the opposing party contends is disputed be followed by reference to...

Excerpt: ...equest, or receive, the Court's permission to exceed the page limit. Cal. R. Ct. Rule 3.1113(e). Additionally, the Court declines to rule on Defendants' objections to Plaintiff's evidence, as they are not dispositive of the ruling on the motion. Merits Plaintiff brings three causes of action against Defendants, including: (1) retaliation (Labor Code § 1102.5); (2) wrongful termination in violation of public policy; and (3) unfair business practi...

Excerpt: ...tached to Motion to Transfer Venue)). Consequently, per C.C.P. §395(a), Plaintiffs were entitled to select any county in California, to proceed with their action. Nonetheless, pursuant to C.C.P. §397(c) a Court may, on motion, change the place of trial “[w]hen the convenience of witnesses and the ends of justice would be promoted by the change.” However, “a motion for change of venue on the ground of the convenience of witnesses will not ...

Excerpt: ... the FAC alleges Connie and Lisa made sexual comments “almost daily” but stops short of alleging those comments continued “almost daily” from 2012 up until the date Plaintiff resigned in 2019. The court does not read the FAC in such a limiting way. The FAC, at a minimum, implies that the harassing conduct continued. The continuing violation doctrine may be implicated as well. The Court “will not sustain a demurrer unless the basis for t...

Excerpt: ...ract on the ground it is insufficiently pled because it fails to plead require ultimate facts. Specifically, Defendants contend that paragraph 48 fails to allege the “obligations that are excused by Defendants [sic] conduct”; paragraph 49 fails to allege “when, where, how, and to whom specifically Defendants disclosed” the confidential information, fails to allege what actual information was improperly disclosed, and paragraphs 49 and 50 ...

Excerpt: ... third cause of action for Unfair Business Practices (Cal. Bus. & Prof. Code § 17200 et seq.) on the basis that they do not state facts sufficient to constitute the causes of action. CCP §§ 430.10(e). 1) COA #2 – Breach of Implied-In-Fact Contract for Post-Stabilization Services “An implied contract is one, the existence and terms of which are manifested by conduct.” Civ. Code § 1621. “For an implied-in-fact contract, a plaintiff must...

Excerpt: ...tion Services, and the third cause of action for Unfair Business Practices (Cal. Bus. & Prof. Code § 17200 et seq.) on the basis that they do not state facts sufficient to constitute the causes of action. CCP §§ 430.10(e). 1) COA #2 – Breach of Implied-In-Fact Contract for Post-Stabilization Services “An implied contract is one, the existence and terms of which are manifested by conduct.” Civ. Code § 1621. “For an implied-in-fact cont...

Excerpt: ... Burkhart, the owner of Hydroponics, and Amberlee Rails, Burkhart's sister and a former employee of Hydroponics. On 2/3/20, Route Four sued Burkhart, Rails and Hydroponics (now known and sued as Canop Holdings, LLC), alleging various breaches of the APA, including alleged breaches of non-compete and non-solicitation provisions. Route Four v. Burkhart, Case No. 30-2020- 01129185. Route Four alleged that Burkhart was using non-parties Luxx Lighting...

Excerpt: ...ower and upper jaw. The complaint alleges that Defendants negligently installed the implants and used lesser quality implants than that agreed to between the parties. Defendants are also alleged to have concealed the negligence and use of lesser quality implants from Plaintiff and have falsely represented to Plaintiff that it was necessary to remove all of Plaintiff's remaining teeth and veneers in his lower jaw. Plaintiff filed his complaint in ...

Excerpt: ...ories, and (5) Custodian of Records for Southern California Edison. Facts/Overview: On April 18, 2019, plaintiff Lorna Carter commenced this action against defendant Darnell Technical Services, Inc. (“DTS”) alleging the following 12 causes of action: 1. Failure to pay wages owed, 2. Failure to pay overtime, 3. Failure to provide meal periods, 4. Failure to provide rest breaks, 5. Failure to provide correct/itemized pay stubs, 6. Waiting time ...

Excerpt: ...o scheduled for the same date. Defendant has filed a motion for summary judgment, which is set for hearing on 1/6/21. A jury trial is scheduled for 2/8/21. Plaintiff seeks the following: Motion No. 1: To compel further responses to Form Interrogatories, Set Two, Form Interrogatory [“Rog” or “Rogs”] No. 17.1 [re: RFA Nos. 5-10]; monetary sanctions; Motion No. 2: To compel further responses and production to Request for Production of Docume...

Excerpt: .... Breach of written partnership agreement, 4. Accounting, 5. Declaratory relief, and 6. Elder financial abuse. On December 18, 2019, Madigan filed a first amended complaint against the same defendants, alleging the same six causes of action. On January 3, 2020, plaintiffs-in-intervention Joseph Marca, Gary Marca, and Jean (Marca) Greenstadt (collectively, the Marcas) filed a complaint-in-intervention against the same defendants, alleging the same...

Excerpt: ...coverable in a civil action. [Citation.]' [Citation.] An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may nevertheless be recoverable in the discretion of the court if ‘reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.' [Citation.] [¶] If the items appearing in a cost bill appear to be proper charges, the burden is on the party see...

Excerpt: ... only of all facts properly pled, but also of those facts that may be 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.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 substantia...

Excerpt: ...this action, as requested by Defendants. (Evid. Code, § 452(d).) Sur-Reply and Response thereto: Plaintiff's “Sur-Reply” and Defendants' Response thereto are filed without first obtaining leave from the Court. Moreover, they essentially reiterates the arguments made in the moving and opposing papers, in addition to arguing facts outside the pleading. Thus, they are disregarded and not considered. Meet and Confer: The Declaration of Gregory J...

Excerpt: ...but also of those facts that may be 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.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.” ...

Excerpt: ...INED. “[A] trial court has the power, and it is the trial court's duty, to vacate or recall a writ of execution which has been improvidently issued.” (Jones v. World Life Research Inst. (1976) 60 Cal. App. 3d 836, 840.) “A writ of execution may be recalled and quashed where the issuance was improperly or inadvertently made.” (Meyer v. Meyer (1952) 115 Cal. App. 2d 48, 49.) “It is a fundamental rule that a writ of execution must be found...

Excerpt: ... BB, portions of Gates' declaration in support of the MSJ, portions of Defendants' separate statement in support of the MSJ, and portions of the memorandum of points and authorities in support of the MSJ. Notice, 2:21-5:7; Kutlay Decl., ¶ 2. For the reasons explained below, the Motion is DENIED. The requirements for sealing court records are stringent. A party requesting that a record be filed under seal must file a motion or application for an ...

Excerpt: ...sts the Court to order Universal to provide copies of the two deposition transcripts at Universal's cost. Plaintiff's motion originally was heard on June 22, 2020 and was continued to permit Plaintiff's counsel, Mr. Gordon, to file a further supporting declaration addressing his inability to attend the depositions on the day they were set to go forward, and to permit Defendants to file brief responses/oppositions to Mr. Gordon's supplemental decl...

Excerpt: ...ed responses to the subject discovery requests on 6/1/20. (Declaration of Sagar P. Parikh, ¶ 3, Ex. A.) Although defendant Griston did not provide timely responses to the subject discovery requests, he has provided responses. Therefore, there is nothing for the court to compel. Accordingly, the motions are DENIED as moot. Plaintiff's request for monetary sanctions is denied. Defendant has sufficiently shown that there is substantial justificatio...

Excerpt: .... On 3/11/20, the Prudential Defendants filed a “joinder” in the motion to clarify. Subsequently, on 6/26/20, the Prudential Defendants filed a memorandum of points and authorities in support of their joinder. In addition to seeking clarification, the memorandum asked the Court to reconsider the 2/26/20 Minute Order. Coleman-Hyman joined in the Prudential Defendants' memorandum. 2/26/20 Minute Order was issued by Judge Bauer who has since ret...