Excerpt: ...on the same grou nds it now demurs on as to the SAC. The court overruled Defendant's prior demurrer. [ROA #95.] There is a split of authority among case law on the question whether a defendant may demur to an amended complaint on the grounds that were overruled on a dem urrer to the prior complaint. See Bennet v. Suncloud (1997) 56 Cal. App. 4th 91, 96 -97; Pacific States Enterprises, Inc. v. City of Coachella (1993) 13 Cal. App. 4th 1414, 1420,...

Excerpt: ...ential to justify oppositio n may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just.” (Code Civ. Proc., § 437c(h).) “When lack of diligence results in a party's having insufficient information to know if facts essential to justify opposition may exist, and the party is therefore unable to p...

Excerpt: ...ion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike.”].) On April 10, 2024, Defendant The Summit At Turtle Ridge Communi ty Association WITHDREW its Demurrer and Motion to Strike. Defendant MLG Assessment Recovery LLC's Demurrer remains on calendar but it is MOOT since Plaintiff timely filed...

Excerpt: ... (c) [“official ac ts”]; Commercial Union Assurance Co. v. City of San Jose (1982) 127 Cal.App.3d 730, 740, citing Chas. L. Harney, Inc. v. State of California (1963) 217 Cal.App.2d 77, 85 -86 [court may take judicial notice of government claims and any response as “official acts”].) 4th cause of action: declaratory relief. Petitioners' 4th cause of action seeks a declaration that the emergency laws and orders that were in effect during t...

Excerpt: ...mplaint (FACC). The motion also requests summary adjudication of the first cause of action for common counts in the Law Firm's complaint. The motion is MOOT as to Jocelyn Plummer because the Court entered judgment on the FACC in favor of Jocelyn Plummer on 4/4/24 after sustaining her demurrer without leave to amend. As to the remaining Movants, the motion is DENIED in its entirety. Movants' request for judicial notice (ROA 1356) is granted as to...

Excerpt: ...otice of this ru ling. If a timely motion to compel has been filed, the responding party has the burden to justify any objection or failure fully to answer the discovery requests. (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220 -221 [re: interrogatories]; Kirkland v. Su perior Court (2002) 95 Cal.App.4th 92, 98 [burden shifts to objector after good cause shown for RFPs]; Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725, 733 [pa...

Excerpt: ...d Code of Civ il Procedure section 437c(c) states, “(c) The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In de termining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to...

Excerpt: ...ctions are preserved for appeal. In the operative Third Amended Complaint, Breakaway asserts causes of action against Hoorizadeh and White Ridge for fraud (second cause of action), negligent misrepresentation (fourth cause of action) and aiding and abetting fraud (seventh cause of action). Meridian asserts causes of action against Hoorizadeh and White Ridge for fraud (first cause of action), negligent misrepresentation (third cause of action), a...

Excerpt: ..., § 2023.030; Cedars– Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 12, 74 Cal.Rptr.2d 248, 954 P.2d 511.) As relevant here, misuses of the discovery process include “[f]ailing to respond or to submit to an authorized method of discovery” (Code Civ. Proc., § 2023.010, subd. (d)); “[m]aking, without substantial justification, an unmeritorious objection to discovery” (id., § 2023.010, subd. (e)); “[m]aking an evasive r...

Excerpt: ...jections ( ROA 1122) as immaterial to the Court's ruling but the objections are preserved for purposes of appeal. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 526 [“the trial court's failure to rule expressly on any of Google's evidentiary objections did not waiv e them on appeal”]) On 12/6/22, the Court sustained Movants' demurrer to the fourth, fifth, and sixth causes of action against Movants in the TAC. Movants seek summary judgm...

Excerpt: ...h violation, in addition to any other penalty established by law (H&S Code §25249.7(b)(1)). These violations may be enforced by, inter alia, persons in the public interest. (H&S Code §25249.7(c) -(d).) If there is a settlement of an action brought by a person in the pub lic interest, the plaintiff shall submit the settlement to the court for approval upon noticed motion, and the court may approve the settlement only if the court makes all of th...

Excerpt: ...ment. (See Govt. Code §§ 911.2(a) and 945.4 [setting forth claims presentation requirements].) The FAC alleges Government Code section 905(m), which was amended by AB 218, exempts any requirement that Plaintiff comply with the claim presentation requirement. The District argues that the change to Government Code section 905(m) made by AB 218 was unconstitutional as an improper gift of public funds under Article XVI, section 6 of the California ...

Excerpt: ...dgment on the plea dings with respect to the Second Amended Complaint (SAC) filed by Plaintiff Jane Doe 7030. Standard for Motion for Judgment on the Pleadings A defendant may make a motion for judgment on the pleadings on the ground that the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); Stevenson Real Estate Servs., Inc. v. CB Richard Ellis Real E...

Excerpt: ...dgment on the plea dings with respect to the Second Amended Complaint (SAC) filed by Plaintiff Jane Doe 7030. Standard for Motion for Judgment on the Pleadings A defendant may make a motion for judgment on the pleadings on the ground that the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); Stevenson Real Estate Servs., Inc. v. CB Richard Ellis Real E...

Excerpt: ...d until nea rly 9:00 p.m. on April 8, 2024 —i.e., nearly a week late and after the close of business on the same day Smith's reply was due. Plaintiff provides no explanation or justification for failing to timely serve the opposition, and the late filing of the opposi tion has deprived Smith of its opportunity to file anything more than an untimely, truncated opposition. The court therefore exercises it discretion to refuse to consider the o...

Excerpt: ...the sixth ca use of action, the court finds that Plaintiff has alleged a special relationship that supports a cause of action for constructive trust. Further, that cause of action is not barred by the statute of limitations as Code Civ. Proc. §340.1 applies rather than Code Civ. Proc. § 338. Accordingly, the demurrer to that cause of action is overruled. On the seventh cause of action for breach of fiduciary duty, the court finds that Plaint...

Excerpt: ...e demurrers a re virtually identical and assert the same challenges to the FAC. As such, the demurrers will be addressed together with any significant distinctions highlighted. Defendants' challenge both the first cause of action for medical negligence and the second c ause of action for fraud on the ground “[Defendants are] . . improper doe defendant[s]. (Code of Civil Procedure section 474.)” (Demurrers, p. 3, lines 5, 9.) Whether a defen...

Excerpt: ...e Amended Complaint of Plaintiff, Randell Young is CONTINUED to May 13, 2024, at 8:30 a.m. in Department N15. Defendants Seabreeze Management Company, Inc.; Estela Alday; Heidi Speare; Eric James; Fred Olsen; and Todd Hunter are ORDERED to serve all demurrer and mo tion to strike moving papers and reply papers upon Plaintiff Randell Young properly by mail service on or before April 16, 2024, and file a proof of service on or before April 19, 202...

Excerpt: ...pp.4th 1451, 1479.) The 2ndAC omits breach of fiduciary duty claims premised on fraud. Thus, the 2ndAC does not “clearly and affirmatively” show that the claim is barred by the statute of limitations based upon the dates alleged and is therefore not subject to demurrer. (See Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403.) Burtin raises additional new arguments in his Reply attempting to show that the first cause of ac...

Excerpt: ... to amend. “To establish a prima facie case of harassment, [Plaintiff] must show that: (1) she is a member of a protected class; (2) she was subjected to unwelcome harassment; (3) the harassment was based on her protected status; (4) the harassment unreasonably interfered with her w ork performance by creating an intimidating, hostile, or offensive work environment; and (5) defendants are liable for the harassment.” Galvan v. Dameron Hospital...

Excerpt: ...the exchange of information and documents which may be subject to confidentiality limitations on disclosure due to federal laws, state laws, and privacy rights. Standard for Motion for Protective Order Civil Procedure Code section 2030.090 provides that: (b) The co urt, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppressi...

Excerpt: ...tiffs”), filed a Complaint against Defendants IVY Cottages, Inc. and Carmen Rodriguez (“Defendants”). (ROA 2.) The Complaint alleges 14 causes of action for: 1. Failure to Pay All Wages Earned; 2. Failure to Provide Rest Breaks; 3. Failure to Provide Meal Periods; 4. Failu re to Indemnify; 5. Failure to Provide Accurate Wage Statements; 6. Failure to Pay Wages Owed Every Pay Period; 7. Failure to Pay Wages When Employment Ends; 8. PAGA Pen...

Excerpt: ...blic funds and , thus, does not eliminate the claim presentation requirement. Meet and Confer The Court finds Defendants adequately attempted to meet and confer with Plaintiff. Legal Standard “The party against whom a complaint or crosscomplaint has been filed may obje ct, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds … [¶] The pleading does not state facts sufficient to co...

Excerpt: ...gwick is ORDERED to se rve the Complaint-In -Intervention upon all parties within 30 days of filing the Complaint -In -Intervention. Proposed Plaintiff -In -Intervention Sedgwick moves for leave to file a Complaint -In -Intervention. Standard for Intervention A non- party, who is referred to as an “intervenor,” may become a party to an action or proceeding between other persons by: (1) Joining a plaintiff in claiming what is sought by the c...

Excerpt: ...the exchange of information and documents which may be subject to confidentiality limitations on disclosure due to federal laws, state laws, and privacy rights. Standard for Motion for Protective Order Civil Procedure Code section 2030.090 provides that: (b) The co urt, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppressi...

Excerpt: ...itigation is p roposed to be filed, pursuant to Civil Procedure Code section 391.7. The court ORDERS that Petitioner Daniel Escamilla furnish security in the amount of $25,000.00 within 30 days of notice of this ruling, without prejudice to Respondents requesting an inc rease in the security at a later date. Petitioner Daniel Escamilla's Application for Permission to File A Longer Memorandum in Opposition to Defendant's Motion for Prefiling Ord...

Excerpt: ...ness of the defect, the foreseeability of danger to Plaintiff, and the trivialness of the defect. Defendant's evidentiary objections are overruled. Basic Rules for Summary Judgment/Adjudication Under Code Civ. Proc. § 437, a party may move for summary adjudicatio n as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the c...

Excerpt: ...esponses t o Form Interrogatories – General, Set One, Number 17.1 within 21 days of service of the notice of ruling. Defendant Abir Cohen Treyzon Salo, LLP is ORDERED to serve full, complete, and verified responses to Special Interrogatories from Special Interrogato ries from Defendant Daniel Perales to Defendant Abir Cohen Treyzon Salo, LLP, Numbers 1, 2, 3, 4, 13, 21, and 23, as amended, within 21 days of service of the notice of ruling. Def...

Excerpt: ...to control the conduct of its m inisterial officers and of all other persons connected with its proceedings in furtherance of justice.” Doe v. Yim (2020) 55 Cal.App.5th 573, 581. California Rules of Professional Conduct, Rule 1.9 provides in pertinent part: “(a) A lawyer who has formerl y represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interest...

Excerpt: ...itigation is p roposed to be filed, pursuant to Civil Procedure Code section 391.7. The court ORDERS that Petitioner Daniel Escamilla furnish security in the amount of $30,000.00 within 30 days of notice of this ruling, without prejudice to Respondents requesting an inc rease in the security at a later date. Petitioner Daniel Escamilla's Application for Permission to File A Longer Memorandum in Opposition to Defendant's Motion for Prefiling Ord...

Excerpt: ...itigation is p roposed to be filed, pursuant to Civil Procedure Code section 391.7. The court ORDERS that Petitioner Daniel Escamilla furnish security in the amount of $25,000.00 within 30 days of notice of this ruling, without prejudice to Respondents requesting an inc rease in the security at a later date. Petitioner Daniel Escamilla's Application for Permission to File A Longer Memorandum in Opposition to Defendant's Motion for Prefiling Ord...

Excerpt: ...es to Interroga tories Nos. 4.1, 15.1, 16.1, 17.1 and 50.1 - 50.6. Code of Civil Procedure section 2030.300, states, in part, “(a) On receipt of a response to interrogatories the propounding party may move for an order compelling a further response if the propounding par ty deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without m...

Excerpt: ...the lines of each page must be one and onehalf spaced or double spaced and numbered consecutively.” This discovery motion was continued from 3/18/2024 for additional meet -and -confer efforts. Plaintiff withdraws its Motion with respect to Request Nos. 7, 16, and 24 . (Witkow Decl., ¶ 4.) Defendant asserts supplemental responses were served to Request Nos. 4, 5, 6, 7, 16, 18, 19, 20, and 24, though there is no indication when. (Le Decl., ¶ 3....

Excerpt: ...o Parikh are MOOT except for sanctions. The motion directed to Fazeli is GRANTED in part and DENIED in part. Motions Directed to Parikh (ROA 190 and 198) The oppositions indicate Parikh served verified substantive supplemental responses to the at issue discovery on February 7, 2024. (ROA 249 at Exhibit 3; ROA 251 at Exhibit 3.) The court thus deems these motions MOOT, except for the issue of sanctions. (Sinaiko Healthcare Consulting, Inc. v. Pac...

Excerpt: ...pplies? D efendants contend that the Federal Arbitration Act (“FAA”) applies to this action because the Mutual Agreement to Arbitrate Claims expressly states that “[t]he Federal Arbitration Act (9 U.S.C. § 1 et seq.) (‘FAA') governs this Agreement, which evidences a transaction involving commerce.” (See Gralak Decl., ¶ 10, Exh. A, p. 1, lines 4 -5). Defendants also present evidence that Defendant HEARTLAND operates more than 62 health...

Excerpt: ... a termi nating sanction against anyone engaging in conduct that is a misuse of the discovery process by an order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process, an order staying further proceedings by that party until an order for discovery is obeyed, an order dismissing the action, or any part of that action, of that party, or an order rendering a judgment by default against tha...

Excerpt: ...ez -Bass mov es for terminating sanctions and monetary sanctions against Defendant Roberto Francisco Gallegos (Defendant Gallegos). Standard for Monetary and Non- Monetary Discovery Sanctions The court may impose monetary, issue, evidence, terminating, or contempt san ctions against any person engaging in any misuse of the discovery process. (See Code Civ. Proc., § 2023.030, subds. (a) -(e).) Misuse of the discovery process includes, but is not ...

Excerpt: ...der compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or th e required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or too general. (b)(1) A motion under subdivision (a) shal...

Excerpt: ...2 agains t the subject property, 2. the Statement of Information filed on 12/20/22 by Canyon Plaza, LLC, 3. the Statement of Information filed on 12/20/2022 by Canyon Plaza Management, LLC, and 4. the Statement of Information filed on 1/20/23 by Jakosky Properti es, Inc. The court GRANTS the request to take judicial notice of the Grant Deed (Exhibit 1). (Evid. Code § 452(h).) The court however DENIES the request for judicial notice as to the ...

Excerpt: ...use of action. The 2nd cause of action premises negligence on a breach of statutory duties: The CARES Act, the FFCRA, and Health & Safety Code section 1342.2. (See FAC ¶ 118.) The 9th cause of action alleges a violation of Section 1342.2 But “the CARES Act do es not grant a private right of action to a provider of COVID -19 diagnostic testing to enforce § 3202.” (Saloojas, Inc. v. Aetna Health of California, Inc. (9th Cir. 2023) 80 F.4th 10...

Excerpt: ...onte ntion that it is entitled to insurance coverage for a judgment in an underlying action.” (Dem. at pp. 1 -2.) But defendant has not shown “two exclusions in the insurance policy issued by ANV apply to exclude coverage for Plaintiffs' claim.” (Dem. at p. 1 .) First, the Bankruptcy Exclusion does not bar coverage because it is unenforceable. The Bankruptcy Exclusion purports to exclude coverage for any claim involving “any Wrongful Act ...

Excerpt: ...ntity Plaintiffs argue that the court should not consider the demurrer and the motion to strike because they named K & A Kingdom Holdings, LLC, but K & A Kingdom Holding, Inc. filed the demurrer and motion to strike. However, pursuant to Code of Civil Procedure section 4 73, Defendant submitted a proposed amendment to pleadings noting that the "Inc." shown on its pleadings was in error and asking that its pleadings be amended to reflect...

Excerpt: ... elements of a c ause of action for intentional interference with prospective economic advantage are: “‘“(1) an economic relationship between the plaintiff and some third party, with the probability of future economic benefit to the plaintiff; (2) the defendant's knowledge of the relationship; (3) intentional acts on the part of the defendant designed to disrupt the relationship; (4) actual disruption of the relationship; and (5) economic ...

Excerpt: ...mpt at an informal resolution of each issue presented by the motion .”]; Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1293- 1294; Leko v. Cornerstone Building Inspection Services (2001) 86 Cal.App.4th 1109, 1124; see also Thomas Decl., ¶ 6, Exh. D [addressing Defendant's objections on 2/12/24].) Defendant maintains that it is willing to produce a witness as to Matters for Examination Nos. 1 and 2, but objects to Matters Nos. 3 and 4 on vario...

Excerpt: .... Univ ersity of San Francisco (2024) 100 Cal.App.5th 75 should inform its analysis. In their supplement, “Plaintiffs recognize Berlanga's persuasive force on this Court” and concede that “their arguments may, ultimately, may need to be decided in this District's appellate court.” (ROA 369 at p. 3.) To be clear, Berlanga is not merely persuasive authority in this Court, it is binding. (See Auto Equity Sales, Inc. v. Superior Court (1962) ...

Excerpt: ...ional mis representation), 3rd cause of action (Bus. & Prof. Code 17200 violation), 4th cause of action (promissory estoppel), 5th cause of action (“set aside trustee's sale and void/cancel trustee's deed upon sale”), and 6th cause of action (quiet title). 2nd C/A (intentional misrepresentation) A cause of action for intentional misrepresentation requires showing (1) a misrepresentation; (2) knowledge of its falsity; (3) intent to induce reli...

Excerpt: ... reason able particularity subject to any orders that may be appropriate under Section 3426.5 of the Civil Code.” (Code Civ. Proc., § 2019.210.) Plaintiff has failed to demonstrate compliance with this requirement. Contrary to plaintiff's contentions, the first amended complaint (FAC) does not identify the subject trade secret with reasonable particularity. (See Code Civ. Proc., § 2019.210; Perlan Therapeutics, Inc. v. Superior Court (2009) ...

Excerpt: ...upon a clea r and convincing showing that a defendant is guilty of oppression, fraud or malice. A court order is required to obtain discovery of a defendant's financial condition in actions seeking punitive damages. (Civ. Code, § 3295, subd. (c).) Before a court m ay enter an order permitting discovery of a defendant's financial condition, it must (1) weigh the evidence submitted in favor of and in opposition to motion for discovery and (2) ma...

Excerpt: ...must follow the cor rect rules of procedure. (See Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984 -985; Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246 -1247). A self -represented litigant is not entitled to any greater consideration than other litigants and attorneys. (See Petr osyan v. Prince Corp. (2013) 223 Cal.App.4th 587, 594 [self -represented litigants are entitled to same treatment as represented parties].) The fact that Defendant is a se...

Excerpt: ...vice of the Complai nt as the Complaint was served on the City on June 15, 2023. Plaintiff does not dispute this assertion in the points and authorities. “The special motion may be filed within 60 days of the service of the complaint or, in the court's discretion, at any la ter time upon terms it deems proper.” (Code Civ. Proc. § 425.16(f).) “In other words, the defendant is only entitled to ‘file[]' such a motion within 60 days of ser...