Excerpt: ...alifornia Rules of Court, rule 3.400; Code Civ. Proc., § 404.) The coordination of the actions will promote the ends of justice. The actions have overlapping factual and legal issues due to the common PAGA claim based on Labor Code § 2802. Given the overlap, a single, coordinated action will be more convenient for all the parties, witnesses, and counsel, and will promote efficient utilization of judicial resources. Coordination will also increa...

Excerpt: ...Appeal returned defendant's SLAPP motion with modifications. Pertinent Background Plaintiff is an internal reproduction services company, retained by health care facilities to respond to and comply with requests for copies of patient records. See 45 CFR §160.103 et seq. When requested by the patient's appointed representative (usually a lawyer), various statutes permit an internal reproduction services company – like plaintiff – to recoup re...

Excerpt: ...rer 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consi...

Excerpt: ...ms that the so-called Privette doctrine precludes liability against it. As with the original Complaint, the FAC alleges causes of action for general negligence and premises liability based on the death of Plaintiff's decedent, Jerry Corcoran, on 07/14/16 from a bee sting. In the previous pleading, it was established that decedent was an employee of now-dismissed defendant Altfillisch Contractors, Inc. (“ACI”), and was on defendant's construct...

Excerpt: ...ow Instructions, attached and incorporated into the Complaint as Ex. “C.” This document establishes that Gutierrez, as Lee's broker, was not a party to that agreement. Further, generally, a broker is not liable for a principal's contracts. “[P]rovided the agent has actual or ostensible authority to bind the principal, the principal is identified and the agent's capacity is sufficiently indicated, only the principal and not the agent has lia...

Excerpt: ...rth below in both actions. The demurrers are OVERRULED. “A demurrer tests only the sufficiency of the pleading and lies only where the defect appears on the face of the pleading or from matters judicially noticed by the court.” (Fiorito v. Superior Court (1990) 226 Cal.App.3d 433, 437.) All factual allegations set forth in the complaint “are deemed to be true, however improbable they may be.” (Del E. Webb Corporation v. Structural Materia...

Excerpt: ...� The court's discretion will usually be exercised liberally to permit amendment of the pleadings. Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428. Although courts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial, this policy should be applied only where no prejudice is shown to the adverse party. Magpali v. Farmers Group, Inc. (199...

Excerpt: ... agreement is directed, rather than ‘amended settlement agreement', to avoid waste of limited Court time and resources. As to the Settlement 1. Paragraph 4.C of the Settlement provides that class members will not receive payment until 10 days after full funding of the Maximum Settlement Amount. Full funding may not occur until June 4, 2021. Settlement, ¶ 3.B. The Court will not approve a settlement in which payments for attorneys' fees/costs, ...

Excerpt: ... Action for Breach of January 6, 2017 Finance Agreement: The elements of a breach of contract claim are (1) contract formation; (2) plaintiff's performance; (3) defendant's breach; and (4) resulting damages. See M. G. Chamberlain & Co. v. Simpson (1959) 173 Cal.App.2d 263, 274. Leaf has submitted evidence to show that Moran DDS admitted to signing the Finance Agreement with Moran DDS dated January 6, 2017 (“January FA”) (SSUF 1, 2, 5.) Leaf h...

Excerpt: ...emonstrating the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. Cal. Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51. If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. Binder v. Aetna Life Ins. Co. (1999) 75 Cal...

Excerpt: ...ns to the Declaration of Chuck Montgomery are OVERRULED. “Except as provided by statute, every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify as to any matter.” (Evid. Code § 700.) A witness is presumed competent to testify absent a showing to the contrary. (People v. Knos (1979) 95 Cal.App.3d 420, 431.) The party challenging a witness' competency has the burden of proving to the judge by a...

Excerpt: ...t's disposition of the motion. In order to move for summary adjudication, the party moving must specify in its notice of motion and motion the claim, causes of action, or issues it is moving on. CRC 3.1350. The court has no power to adjudicate others. Maryland Cas. Co. v. Reeder (1990) 221 Cal. App. 3d 961, 974 n. 4; Homestead Savings v. Superior Court (1986) 179 Cal. App. 3d 494, 498. The noticed issues for summary adjudication must then be stat...

Excerpt: ... 2; Rodriguez v. American Technologies, Inc. (2006) 136 Cal.App.4th 1110, 1122.) Further, Defendant is involved in interstate commerce as it receives reimbursement for services from Medicare. (Bohn Decl., ¶ 8; Allied-Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 277; Summit Health, Ltd. v. Pinhas (1991) 500 U.S. 322, 327; Willis v. Prime Healthcare Services, Inc. (2014) 231 Cal.App.4th 615, 625–626.) A court's role in consideri...

Excerpt: ...on in a Services and License Agreement (SLA) between Polaroid Mobile, LLC (PLM) and GRBA. In a May 30, 2019 order, the court denied PLM's preliminary injunction motion seeking to enjoin GRBA from pursuing its claims against PLM in a pending arbitration before the American Arbitration Association (AAA). See OCSC Case No. 2019-01061625, 05/30/19 Order. This case has been deemed related to Case No. 2019-01061625. Plaintiff's Managing Member and PLM'...

Excerpt: ...ed have been completely adjudicated by the Court, citing Koshak v. Malek (2011) 200 Cal.App.4th 1540, 1545. They argue that such an interim judgment or order is directly appealable as a collateral final judgment where: (1) the judgment or order is final as to the collateral matter; (2) the subject of the judgment or order is collateral to the general subject of the litigation; and (3) the judgment or order directs the payment of money by the appe...

Excerpt: ...the court in which the action is pending to expunge the notice.” (Code Civ. Proc., § 405.30.) (Emphasis added.) The motion to expunge is “confine[d] … to the court where ‘the action' of which notice has been recorded is pending to avoid inconsistent judgments and forum shopping.” (The Formula Inc. v. Superior Court (2008) 168 Cal.App.4th 1455, 1464.) Based on this authority, only the Court can hear this motion to expunge. (See also Gol...

Excerpt: ...t precedents strongly inform this area. Under California's long-arm statute, California courts may exercise personal jurisdiction “on any basis not inconsistent with the US Constitution or the CA constitution.” (CCP § 410.10.) When the defendant has not consented to the forum state's jurisdiction, the US Constitution permits a state to exercise jurisdiction over a nonresident defendant if the defendant has sufficient “minimum contacts” w...

Excerpt: ... jurisdiction over a nonresident defendant who has not been served with process within the state comports with the requirements of the due process clause of the federal Constitution if the defendant has such minimum contacts with the state that the assertion of jurisdiction does not violate “‘traditional notions of fair play and substantial justice.'” (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 443 [quoting Internati...

Excerpt: ... plaintiff to furnish a bond to institute or maintain the action. It further provides that the motion must be based on one or both of the following grounds: (1) that there is no reasonable possibility that the prosecution of the cause of action alleged in the complaint will benefit the corporation or its shareholders; and (2) that the moving party, if other than the corporation, did not participate in the transaction complained of in any capacity...

Excerpt: ...ged. (Code Civ. Proc., § 426.15(e) [defining protected activity]; Simpson Strong-Tie Co., Inc. v. Gore (2010) 49 Cal.4th 12, 21; Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 66–67.) If the defendant carries its burden, the plaintiff must then demonstrate its claims have at least “minimal merit.” (Navellier v. Sletten (2002) 29 Cal.4th 82, 89; Baral v. Schnitt (2016) 1 Cal.5th 376, 384.) Plaintiff alleges a number of cl...

Excerpt: ... the items on a verified memorandum of costs appear to be proper charges, the memorandum is prima facie evidence of their propriety and the burden is on the party contesting them to show that they were not reasonable or necessary. Foothill-De Anza Comm. College Dist. v. Emerich (2007) 158 Cal.App.4 th 11, 29; Wagner Farms, Inc. v. Modesto Irrigation Dist. (2006) 145 Cal.App.4 th 765, 773-74. The party challenging costs does not meet this burden b...

Excerpt: ...iew: On February 5, 2018, Brock Chwialkowski commenced this action against The Vons Companies, Inc. (Vons), Andrew Barker (Barker), and Teresa Benson (Benson), alleging the following six causes of action: 1. Discrimination in violation of Fair Employment and Housing Act (FEHA), Government Code section 12940, subdivision (a); 2. Retaliation for disclosure of veteran status in violation of Labor Code section 1102.5; 3. Hostile work environment in v...

Excerpt: ...C, Danny Prosky and Zohar Prosky as trustees for the Danny & Zohar Prosky Family Trust, Ronald Touchard, Misty Touchard, Alan Rothman, Ticor Title Company of California, Paul Garcia, Mark Attalla, ACER Capital Group, American Cadillac Group, Brokerage International, Inc., JBA Property Investments, LLC, and Brandon Locascio. The SAC in this lead case alleges four C/As: (1) quiet title; (2) cancellation of instrument; (3) slander of title; (4) aidi...

Excerpt: ..., Defendants Joel and Donald Duran hijacked the contents of the Plaintiff's website and used it for their own website. Joel Duran is the apartment manager for Plaintiff's building. His father, Donald Duran, helps him manage the building. B&C Properties is the owner of the apartment building. Plaintiff also alleges that Defendants Joel and Donald Duran hacked into his cellphone and obtained written information and audio; and installed cameras that...

Excerpt: ...t, treble damages, stated amount of punitive damages, and attorneys' fees allegations. Facts/Overview: This is a dispute between lender and borrower concerning a construction loan. Plaintiff Stonewood is in the business of buying, remodeling, and reselling luxury homes. Plaintiff Ditolla is a principal of Stonewood and has executed a personal guaranty of the construction loan. Plaintiff Stonewood acquired a single family residence located at 145 ...