Excerpt: ...s to form i nterrogatories, set one, (4) motion of Hilton to compel further responses to requests for admissions, set one, (5) motion of Hilton to compel further responses to special interrogatories, set one, (6) motion of defendant Hung Nguyen, D.O. (Nguyen), to comp el further responses to request for admissions, set one, (7) motion of Nguyen to compel further responses to special interrogatories, set one, and (8) motion of Nguyen to compel fur...

Excerpt: ...o 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 “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to...

Excerpt: ... the statute of limitations. LAMC challenges the second cause of action for elder abuse on the ground Plaintiff fails to allege sufficient facts to state this statutory cause of action. In the reply brief, however, LAMC withdraws the challenges to the first and third causes of action, and therefore only LAMC's challenge to the second cause of action remains to be determined. “In reviewing the sufficiency of a complaint against a general demurr...

Excerpt: ...or nonperformance, (3) defendant's breach, and (4) damage to plaintiff therefrom.'” Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal.App.4th 1171, 1178. “If the action is based on alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written agreement must be attached and incorporated by reference.” Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, ...

Excerpt: ...the First A mended Complaint within the period of time stated above, Defendants Sung Yoon Kim and Omniq, Inc. shall file answers or other pleadings in response to the Second Amended Complaint within 10 days of the expiration of the period of time to amend. (See Cal. R ules of Ct. rule 3.1320(j).) Defendant Sung Yoon Kim (Defendant Kim) and Defendant Omniq, Inc. (Defendant Omniq) demur to the 4th through 9th Causes of Action of the Second Amended...

Excerpt: ...easonably incu rred by the buyer in connection with the commencement and prosecution of such action.” Civil Code, § 1794, subd. (d). Plaintiff seeks $39,055.50 in attorney's fees representing 78.9 hours billed at $495/hour. There is no dispute between the parties that Pl aintiff is entitled to fees and costs/expenses. The issue in dispute is the amount of attorney's fees. Attorney's fees Courts use the lodestar adjustment method to determine t...

Excerpt: ...for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon affidavits or the minutes of the court. . . .” The Notice designates the following grounds as the basis for Plaintiff's Motion: (1) Irregularity in the proc eedings of the court, or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial (California Code of Civil ...

Excerpt: ...me speci fied in Section 2031.260 to respond to the set of demands, or to a particular item or category in the set, be extended. (3) That the place of production be other than that specified in the demand. (4) That the inspection, copying, testing, or sampling be m ade only on specified terms and conditions. (5) That a trade secret or other confidential research, development, or commercial information not be disclosed, or be disclosed only to...

Excerpt: ... is entitled to an award of punitive damages in a sum to be shown according to proof pursuant to California Government Code §§ 12965 & 12970.” (SAC, ¶¶ 125, 142.) 2. “As a consequence of the aforesaid oppressive, malicious, and despicable conduct, Plaintiff is entitl ed to an award of punitive damages in a sum to be shown according to proof at trial.” (SAC, ¶¶ 156.) 3. The 7th Cause of Action for Aiding and Abetting Failure to Reasona...

Excerpt: ...rty is entitl ed to judgment. Harman v. Mono General Hospital (1982) 131 Cal.App.3d 607, 613. The First Amended Complaint alleges three causes of action against Moving Defendants: 1) Recovery of Stolen Property Under Penal Code § 496; 2) Medical Battery; 3) Business a nd Professions Code § 17200. The FAC also purports to segregate the defendants in two separate categories, namely the Doctor Defendants and Entity Defendants, defined as all non ...

Excerpt: ...ty. Code Civ . Proc. § 437c(f)(1). For purposes of motions for summary judgment and summary adjudication, a plaintiff has met his or her burden of showing that there is no defense to a cause of action if he or she has proved each element of the cause of action entitli ng him or her to judgment on the cause of action. Code Civ. Proc. § 437c(p)(1). Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable i...

Excerpt: ...Notice is GRANTED. Defendant's Request for Judicial Notice is GRANTED as to Exhibit 1 and DENIED as to Exhibit 2 as unnecessary to the disposition of the Motion. Defendant's Evidentiary Objections to Plaintiff's Evidence is OVERRULED. Plaintiff's Evidentiary Obje ctions to the Declaration of Karen Broderick is OVERRULED. The Court declines to rule on Plaintiff's Evidentiary Objections to the Declaration of Freddie Vega on the grounds that they ar...

Excerpt: ...lems wi th the vehicle or customer did not exist. [Complaint (ROA #2), ¶¶ 10 -17.] If the conditions of the warranties were not met, CLICK APP was required to re -purchase the retail installment sales contract. [Id., ¶¶ 18 -22.] the Arias guaranteed CLICK APP's p erformance: “guarantees the prompt full payment and performance of all indebtedness, obligations, conditions, covenants and agreements.” [Id., ¶¶ 15 -17.] Plaintiff alleges 21 ...

Excerpt: ...liability insurer State Farm paying $800.00 plus up to $3,000.00 for medical expenses, and State Farm proffered to Soto the agreedupon consideration. A release is an instrument by which the signing party (releasor) relinquishes claims or potential claims against on e or more persons (releasees) who might otherwise be subject to liability to him. The existence of a valid release is a complete defense to a tort action against the releasee. See, e.g...

Excerpt: ... action until arbitrati on is completed pursuant to Code of Civil Procedure section 1292.4. The Motion to Compel Arbitration and Stay Action is DENIED. “California statutes create a ‘summary proceeding' for resolving petitions or motions to compel arbitration. ‘The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of ...

Excerpt: ...udice. Plainti ff served a subpoena on the OCSD requesting “[a]ll documents relating to case number 22 -02462 -KI, decedent Griffin Cuomo, including, but not limited to, the death certificate, autopsy photographs, notes, and any audio/video recordings.” (Gorelik Decl., ¶ 3 , Ex. 2.) OCSD has refused to produce responsive documents, due to its ongoing investigation of Ramy Fahim who has been charged with Decedent's murder. OCSD cites Evid. C...

Excerpt: ...ectively, Defendants). Withdrawal of Motion After the filing of this motion, the law firm Kutak Rock LLP was removed as Defendants' Counsel. Defendants contends that the Motion to Disqualify is now moot and, in its reply, Plaintiff withdraws the motion. Therefore, the court will take the Motion to Disqualify off calendar as moot. Sanctions In its reply, Plaintiff also requests monetary sanctions based on alleged misrepresentations or omissions ...

Excerpt: ...e following p ortions of the administrative record shall be filed or lodged under seal: 1. Defense Confidential Exh. No. 1: AR075319- AR075362; 2. Defense Confidential Exh. No. 2: AR075363- AR075403; 3. Defense Confidential Exh. No. 3: AR075404- AR075415; 4. Defense Confi dential Exh. No. 4: AR075416- AR075424; 5. Defense Confidential Exh. No. 5: AR075425- AR075465; 6. Defense Confidential Exh. No. 6: AR075466- AR075472; 7. Defense Confid...

Excerpt: ...university emails used by a cademic professionals employed by public institutions. On September 9, 2020, CSI made a public records request to Respondent Regents of the University of California (“UC”), seeking correspondence relating to four articles authored by Petitioner. Petitioner , an assistant professor at UCI, argues such correspondence should not be subject to a CPRA request because the correspondence does not relate to conduct of the ...

Excerpt: ...aws of this state, a court rule, or an order of the court. “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437, subd. (a).) “[J]udges re ad allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth.” (Clauson v. Superior Court (1998) 67 Cal.App...

Excerpt: ...2031.300, subd. ( b).) By failing to serve timely responses, the party to whom the demand is directed waives “any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” (Code Civ. Proc., § 2031.300, subd. (a).) Merits On September 15, 2023, Plaintiff served first sets of request for production of documents directed to Defendants March, Asante -Bayr...

Excerpt: ...ubd. (a)(1).) If a timely mo tion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) No. 7 asks for the identity of all individuals who served on ACSR's Quality Assurance Committee for a certain timeperiod. ACSR objects based on Evidence Code section 1157. Subject to certain exceptions, the “pr...

Excerpt: ... ADAMAS motion to c ompel Defendant CHRISTIAN ESPANA (“Espana”) to provide further, verified responses, without objections to Plaintiff's Request for Production of Documents, Set Two, Nos. 19, 20, 21, 24, and 25. Sanctions was not requested. Both Motions: While the motions a re framed as seeking further responses, Plaintiff does not argue that Defendants' responses are deficient. Rather, Plaintiff argues that Defendants, in their responses,...

Excerpt: ...l. file d in related case], ¶ 2.) In the Spring of 2021, Defendant Honarkar sought an infusion of capital into his real estate portfolio. (Id. at ¶ 4.) Plaintiff Makhijani and Defendant Honarkar, through their respective corporate entities, agreed to form a new bu siness venture whereby Plaintiff would contribute capital to three newly formed LLCs, while Defendant Honarkar would contribute his ownership interest in the various entities holding...

Excerpt: ...e is no triable iss ue 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 “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the non existence of any triable issue of material fact. . . .” (Ibid.) “A prima facie showing is one that is sufficient to support the position of the party in question.�...