Excerpt: ...(Id. at p. 1233.) “Once facts showing minimum contacts with the forum state are established, however, it becomes the defendant's burden to demonstrate that the exercise of jurisdiction would be unreasonable.” (Jewish Def. Org., Inc. v. Superior Court (1999) 72 Cal. App. 4th 1045, 1054-55). There two types of personal jurisdiction: (1) general jurisdiction; or (2) specific jurisdiction. A court with general jurisdiction may hear any claim agai...

Excerpt: ...cant revenue for either plaintiff or defendant – but not both. Before the Court this day is a motion by plaintiff to secure a further response from defendant to eight (8) categories of documents contained in a first set of RPDs. According to defendant, the responses are Code-compliant. According to plaintiff, the responses are deceptive. The party receiving a demand for production of documents has two legitimate options: (1) move for a protecti...

Excerpt: ... M.S. On 9-25-19, plaintiff served a notice for Brualt's deposition on 10-7-19. The notice was sent with a letter asking for alternative dates if 10-7-19 was not available for either Brualt or counsel. On 10-2-19, defendant served an objection to the deposition notice. On 10-8-19, plaintiff's counsel emailed defense counsel and asked that the parties discuss an expert deposition schedule. Defense counsel responded by stating that counsel expected...

Excerpt: ... manner. Each party shall select and appoint one arbitrator. The two arbitrators so appointed shall select and appoint a third arbitrator. The decision in writing of any two of the arbitrators so appointed shall be binding and conclusive as to both parties to this Agreement. Should either party to this Agreement fail to appoint an arbitrator as required by this paragraph within fifteen (15) days after receiving written notice from the other party...

Excerpt: ...n of the United States and constitution of California, and any other financial privacy laws. Responding Party further objects to this interrogatory on the grounds that it is vague, ambiguous, burdensome, oppressive, not complete in and of itself, calls for the preparation of a compilation, and not reasonably calculated to lead to the discovery of admissible evidence. Kuhar's burden on this Motion is to justify any objection or failure to fully an...

Excerpt: ...ndant to make one payment of $1500 in November 2017, fifteen monthly payments of $3000 starting on 12/01/18, and one final payment of $1492.61 on or before 03/01/19. If defendant made late payments, plaintiff was authorized to collect a $100 late fee per payment. Defendant initially performed and then breached beginning in February 2018, thus damaging plaintiff in the amount of $39,255.70 plus interest from 01/05/18, late fees, and attorney's fee...

Excerpt: ...Supplemental Jurisdiction statute, 28 USC § 1367. Under subdivision (a) of Code Civ. Proc. § 1008, any party affected by an order made upon application by the Court “may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior ...

Excerpt: ...gs Plaintiffs have filed. That being said, the proof of mail service attached to the Demurrer itself appears proper. If Defendant seeks to serve by e-mail in the future, it will need to use the proper email address. As to the Demurrer itself, it is sustained pursuant to CCP §§ 430.10(e)-(g). “The [] reviewing court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. [Citat...

Excerpt: ...ific cause of action therein. (See Cal. R. Ct. Rule 3.1320(a).) As Plaintiffs correctly point out, Defendant's Demurrer is procedurally defective since he only demurred to the First Cause of Action. ROA 27. However, because Defendant did advise Plaintiff that he would demurrer to each cause of action (Supp. Jain Decl., Ex. A.) and included these arguments in his supporting memorandum, the Court exercises its discretion to consider the merits of D...

Excerpt: ...ll, Shaw & Garcia is GRANTED in part and DENIED in part; and (3) Motion to Compel Further Responses from Defendant Madison Conrad to Requests for Production of Documents, Set One, and for Monetary Sanctions Against Defendant and/or Her Counsel of Record, Patricia Valenzuela of the law firm, McDowell, Shaw & Garcia is GRANTED as set forth below: The motions to compel are GRANTED as to Form Interrogatories (“FI”) Nos. 2.6, 12.4, 16.1, 17.1, 20....

Excerpt: ...acts that could allege in good faith to cure the defects noted below. The Insurer Defendants demur to Plaintiffs' first cause of action for reformation, second cause of action for declaratory relief, and third cause of action for breach of contract. In their FAC, Plaintiffs allege that the Insurer Defendants were the insurer for Defendants Ryan and Katherine Schierberl (the “Schierberls” or the “Schierberl Defendants”) and, as such, they ...

Excerpt: ...esorts to Godwin's Law: “This was ‘the dog of the Nazis' in World War II. Hitler's dog, ‘Blondie,' was a German Shepherd.” (SAC, Attachment One.) It is not enough to allege that all German shepherds are vicious. (See Chee v. Amanda Goldt Property Management (2006) 143 Cal.App.4th 1360, 1371–1372 [breed characteristics insufficient]; see also Lundy v. California Realty (1985) 170 Cal.App.3d 813, 822 [“Neither do we believe judicial not...

Excerpt: ... a deed of trust need not be recorded. (See Haynes v. ENC Mortgage Corp. (2012) 205 Cal.App.4th 329, 336-37). The FAC also fails to allege facts showing plaintiffs have standing to challenge the assignment or that plaintiffs offered to tender the disputed loan proceeds. (See Kalnoki v. First American Trustee Servicing Solutions, LLC (2017) 8 Cal.App.5th 23, 43; Mendoza v. JPMorgan Chase Bank, NA (2016) 6 Cal.App.5th 802)). 2nd cause of action, wr...

Excerpt: ...ney Parks, Experiences and Products, Inc., are overruled. Moving Defendants demur to the entire complaint based on the contention “there are no factual allegations” against The Walt Disney Company and Disney Parks, Experiences and Products, Inc. The Complaint identifies Defendant The Walt Disney Company as “Doe 1.” The Complaint alleges that all Doe defendants participated in all the events alleged in the Complaint. (Compl. ¶ 38.) Defend...

Excerpt: ...led together and noticed for the same hearing. Filing a motion to strike does not extend the time within which to demur. [CCP § 435(b)(3), (d).] If both a demurrer and motion to strike are filed, they must be filed at the same time and noticed for hearing at the same time. [CRC 3.1322(b)]. Here, Defendant did not ensure that its Motion to Strike was concurrently set with the Demurrer. Further, failure to state facts sufficient to state a cause o...

Excerpt: ... two agreements. The first was the twelve page Employment Agreement (Exhibit A). The second was the three page Mutual Agreement to Arbitrate Claims (Exhibit B). These do Civ. Code, § 1642 provides that “Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to be taken together.” When two agreements are entered at roughly the same time, they treated as one transaction...

Excerpt: ...ief discussion of the pertinent case history is helpful. The case began with the Complaint filed by Plaintiff Golden Rain Foundation of Laguna Woods (“Golden Rain”) against Dickinson. Golden Rain ultimately dismissed its Complaint with prejudice on 12/27/2018. In the meantime, however, Dickinson had filed a Cross-Complaint against Plaintiff on 11/14/2018. Shortly after, Dickinson filed a First Amended Cross-Complaint (“FACC”) on 12/12/201...

Excerpt: ...t; and may, upon like terms, enlarge the time for answer or demurrer. Code Civ. Proc. § 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 of Civ. Proc. § 473(a)(1). Additionally, any judge, at any time before or a...

Excerpt: ... and Mov. Ex. 11, p. 217-19, 214-15.) Regarding the asserted conversation with Dr. Kang, which happened perhaps in May of 2014, the attributed statements about the hospital being top notch, a good place, the best place, and having high standards (see Mov. Ex. 11 p. 206-207, 210-13, 214-15, 217; Opp. Ex. B, pp. 206-7, 252-53) are too general, vague, and nonspecific to form the basis of actionable fraud. (See Finch v. McKee (1936) 18 Cal.App.2d 90,...

Excerpt: ... the alternative, for summary adjudication on each cause of action, based solely on the primary assumption of risk doctrine. Primary assumption of the risk arises when a plaintiff voluntarily participates in a sport or “other activities involving an inherent risk of injury [ ] where the risk cannot be eliminated without altering the fundamental nature of the activity.” (Beninati v. Black Rock City, LLC (2009) 175 Cal. App. 4th 650, 658, inter...

Excerpt: ...r as it was served by Plaintiff herself, Defendants appear to have received the responses and did not make an issue of the improper proof of service in their reply. This motion was filed and served after the date of service of Plaintiffs responses and is based on CCP §2030.290, which would have been proper if no responses had been served. As responses were served before the present motion was filed, the present motion is moot as argued. If Defen...

Excerpt: ...ntry of the judgment. Cal. Civ. Proc. Code § 473(b). This limit is jurisdictional. (Austin v. Los Angeles Unified School Dist. (2016) 244 Cal.App.4th 918, 928 (“This six-month time limitation is jurisdictional; the court has no power to grant relief under section 473 once the time has lapsed.”).) Here, Defendant did not file the motion to vacate within 6 months of the March 27, 2019 entry of default. Instead, Defendant filed the motion on Oc...

Excerpt: ... seal. A court may order a record to be filed under seal only if it expressly finds facts establishing: 1) There exists an overriding interest that overcomes the right of public access to the record; 2) The overriding interest supports sealing the record; 3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; 4) The proposed sealing is narrowly tailored; and 5) No less restrictive means ex...

Excerpt: ...ed the phrase “INCIDENT”. The form interrogatories direct the propounding party to provide a definition of “INCIDENT”. Plaintiff may have done so when propounding the interrogatories, but the definition is not included in the separate statement in violation of Rule 31.345(c)(5) (the separate statement must include, “[i]f necessary, the text of all definitions, instructions, and other matters required to understand each discovery request...

Excerpt: ... not oppose the motion, it is granted as to Avila and judgment will be entered in CRH's behalf on Avila's complaint. CRH's request for judicial notice of Exhibit E to McDermed declaration re recommended standards of hygiene in dental clinics, is denied as irrelevant to the court's determination of the motion. At the outset, the court notes that CRH's motion does not address any claim of the CDG defendants' cross-complaint. Indeed, the Notice of M...