Excerpt: ...nt showed she does not have an adverse claim to plaintiff's interest in the subject property. The adverse claimant is the judgment creditor under the recorded support order. That would be plaintiff's ex-wife. (See Fitzgerald decl. ¶¶ 6, 8, Ex. 3; 5/16/19 Notice of Errata, Ex. A; Chen decl. ¶ 3, Ex. B; Hibert decl. ¶¶ 6-7; see also Code Civ. Proc., §§ 680.230, 680.240, 680.270, 697.320.) Plaintiff fails to meet his shifted burden to show a ...

Excerpt: ...e diligence have been presented earlier. (Code Civ. Proc. § 1008, subd. (a); see also Even Zohar Const. & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal.4th 830, 839; Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192, 1198-1200.) Plaintiffs' alternative request for a new trial is untimely in two ways. First, plaintiffs failed to file and serve a timely notice of intention. (See Code Civ. Proc., § 659.) Second, plaintiffs...

Excerpt: ...tion and sustained with leave to amend as to the fourth and seventh causes of action. Wells Fargo's request for judicial notice is granted. Wells Fargo's unopposed motion to strike is granted. Defendant Fay Servicing LLC and U.S. Bank NA's joinder in Wells Fargo's demurrer is permitted but the demurrer to Plaintiff seventh action for violation of B&P Code § 17200 is overruled as to U.S. Bank. Plaintiffs' motion for an order consolidating this ac...

Excerpt: ...n 17200. Plaintiff alleges Defendant owns, controls and maintains wood burning fire pits on its properties, known as North Lake Beach Club and South Lake Beach Club, and that the “burning of firewood” in these fire pits “results in exposures to a number of chemicals . . . which are included on the Proposition 65 List”; however, “Defendant has failed to provide clear and reasonable warnings regarding the risk of exposure.” (Compl. at �...

Excerpt: ...f the Homeowner Bill of Rights (“HBOR”) that 1) was not corrected or remedied prior to the Trustee's Deed Upon Sale and that 2) caused Plaintiff actual damage. (Code Civ. Proc., § 2924.12(b).) The demurrer to the first cause of action is sustained. With respect to the Second Cause of Action for Civil Conspiracy, a conspiracy claim requires a plaintiff to plead facts to establish: “(1) formation and operation of the conspiracy and (2) damag...

Excerpt: ...ach of the four patients that received treatment. “While the ‘allegations [of a complaint] must be accepted as true for purposes of demurrer,' the ‘facts appearing in exhibits attached to the complaint will also be accepted as true and, if contrary to the allegations in the pleading, will be given precedence.'” Brakke v. Economic Concepts, Inc. (2013) 213 Cal.App.4th 761, 767. The forms included a “Benefits and Eligibility Disclaimer,�...

Excerpt: ...es Nos. 1 & 2: OLHS: Willful Misconduct & IIED & Issues Nos. 10, 11 & 12: Antoinette Duran: Willful Misconduct, IIED & Punitive Damages. Plaintiff opposed the summary adjudication on the following issues: Issues Nos. 4 & 7: IIED: Madeline Clark & Crystal Duran; Issues Nos. 3 & 6: Willful Misconduct: Madeline Clark & Crystal Duran; Issues No. 5 & 8: Punitive Damages: Madeline Clark & Crystal Duran. Issue Nos. 9: Negligence: Antoinette Duran. Willf...

Excerpt: ....App.4th 1047, 1060. An electronic signature may be authenticated “in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.” CC § 1633.9. An electronic signature or agreement may be established by evidence that the signature and agreement could only be given by one using a unique login ID and password and establishing ...

Excerpt: ... is submitted, a redline version showing all changes, deletions and additions shall be submitted as well. As set forth below, the Court continues to have serious concerns about how carefully the settlement materials were drafted and whether the settlement is reasonable. Furthermore, the Court notes that a number of key items in its prior minute order on this matter (ROA 83) appear not to have been addressed at all in Plaintiff's supplemental brie...

Excerpt: ... Defendant filed its answer. The answer included a general denial, refuting the alleged violations. It also included several affirmative defenses, including a defense that Plaintiff lacked standing to bring the claims. The same day, Defendant served Plaintiff with a Demand for Arbitration with JAMS filed, not by NGC but by its subsidiary, Northrup Grumman Systems Corporation (NGSC). (Warbus Dec., ¶ 2). The arbitration demand sought “declarator...

Excerpt: ...re Before Trial (The Rutter Group 2017) ¶ 9.53.1a.) APPLICABLE LAW The standard governing motions for summary judgment and summary adjudication is settled. “[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 prima faci...

Excerpt: ...Aguilar, 25 Cal.4th at 851. A defendant moving for summary judgment may prevail on the motion in one of three ways: (1) by affirmatively negating at least one of plaintiff's essential elements; (2) by showing that plaintiff does not have, and cannot get despite adequate discovery efforts, evidence to establish an essential element; or (3) by presenting evidence as to each element of an affirmative defense upon which defendant bears the burden of ...

Excerpt: ...cond, third, fifth and sixth causes of action are time-barred, summary adjudication is GRANTED as to the first and second causes of action (negligence and breach of fiduciary duty) and DENIED as to the remaining causes of action (fraud, equitable indemnity and contribution). In light of this ruling on Issue No. 6, the motion for summary adjudication is DENIED AS MOOT as to Issues No. 1 and 2. The remainder of Cross-Defendants' motion for summary ...

Excerpt: ...or control the premises where plaintiff was injured. Plaintiffs have not produced sufficient evidence to show defendant, as the parent company of the owner of the premises (GWGG) sufficiently manipulated GWGG's actions to as to impose liability against Moving Party as a parent company of GWGG. To prevail here, plaintiff must show “specific manipulative conduct” by the parent toward the subsidiary that relegates the latter to the status of mer...

Excerpt: ...ployee Guide and acknowledged and agreed to by Plaintiff. Plaintiff opposes the motion, asserting: (i) she entered into a subsequent agreement; (ii) the agreement is the result of fraud, duress and economic compulsion; and (iii) the agreement is both procedurally and substantively unconscionable. In addition, Plaintiff argues that Pegatron cannot enforce that agreement because it is not a signatory to the agreement and is not bound thereby, so th...

Excerpt: ...y the objecting corporations. Plaintiff's request for judicial notice is granted. (Ev. 452(h).) The subpoenas seek directly relevant evidence regarding plaintiff's fraudulent transfer claims. The subpoenas seek records which not only belong to the objecting corporations, but also to the named defendants, and thus the records are directly relevant to show the transfer of any assets between defendant Xin Li, the alleged obligor, and the other defen...

Excerpt: ...ce the petitioner has met that burden, the burden shifts to the party opposing arbitration, to produce evidence to show by a preponderance “any fact necessary to the defense." (Id.) The declaration of Sandra M. Putnam purports to support the contention there is a valid arbitration agreement between the parties. However, as pointed out by plaintiff, Ms. Putnam's declaration in support of the moving papers is not admissible. A motion may be suppo...

Excerpt: ...been filed, the burden is on the responding party to justify any objection or failure fully to answer the interrogatories. (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal. 2d 210, 220-221; Fairmont Ins. Co. v. Sup.Ct. (Stendell) (2000) 22 Cal. 4th 245, 255.) Here, in response to RFA 1, ZOI responded, “Denied.” But in response to Form Interrogatory 17.1 relating to that interrogatory, ZOI wrote, “No admissions were made.” This is improper. In the ...

Excerpt: ...h a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; (2) the examination is conducted at a location within 75 miles of the residence of the examinee. (Code Civ. Proc., § 2032.220, subd. (a).) The physical examinat...

Excerpt: ...rt must apply a balancing test and weigh the actual or potential abuse of the class action procedure against the potential benefits that might be gained by allowing the discovery. Id; Parris v. Superior Court (2003) 109 Cal.App.4th 285, 300-301. See also CVS Pharmacy, Inc v. Superior Court (2015) 241 Cal.App.4th 300, 313. The facts before the Court establish that granting these discovery motions would create a significant potential for abuse of t...

Excerpt: ... or her identity. Where it is clear to the court that discovery of the defendant's identity is necessary to pursue the plaintiff's claim, the court may refuse to quash a third-party subpoena if the plaintiff succeeds in setting forth evidence that a libelous statement has been made. When there is a factual and legal basis for believing libel may have occurred, the writer's message will not be protected by the First Amendment. . . . Accordingly, a...

Excerpt: ... set aside said default earlier, was caused by his own mistake. Counsel admits that he mistakenly failed to draft a stipulation to set aside the default, that he misunderstood a February 2019 request for dismissal to apply to his client, and that he failed to follow up with WRW's counsel on the need for a stipulation or a proposed answer. (Arsenian Decl. ¶¶ 13-14.) In light of counsel's admission of fault, relief from default is mandatory, not ...

Excerpt: ...y the California Labor Code, including, inter alia, section 226; i. Whether Defendants kept complete and accurate payroll records as required by the California Labor Code, including, inter alia, section 1174(d).” 3. Paragraphs 33 and 34 of the complaint, in their entirety. 4. Paragraphs 42 and 43 of the complaint, in their entirety. 5. At page 10, line 18: “or penalty.” 6. Paragraphs 57 and 58 of the complaint, in their entirety. 7. At page...

Excerpt: ...laint (“SAC”) of Plaintiff T-12 Three, LLC is GRANTED IN PART and DENIED IN PART for the reasons set forth below. The Court also DENIES Turner's request for attorney's fees. The Court recognizes that the amendments to the SAC go beyond the scope permitted in the April 26, 2019 minute order granting T-12 leave to amend. As the Court has previously stated, however, motions relating to the pleadings in this matter that elevate form over substanc...

Excerpt: ... to amend pleadings are directed to the sound discretion of the court. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.” (Code Civ. Proc., § 473, subd. (a)(1); see also Code Civ. Proc., § 576.) The court's discretion will usually be exercised liberally so as not to deprive a party of the right to assert a meritorious cause of action or defense. The policy favoring amendment i...