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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...ed at $495/hour . There is no dispute Plaintiff is entitled to fees and costs/expenses. Defendant contends fees sought are excessive. To support the attorney rates claimed, attorney Haddad listed a sample of median hourly rates for attorneys handling consumer law cases i n Los Angeles, Long Beach, and Anaheim that average $506 per hour. (Haddad Decl., ¶ 26.) The list contains no description of the attorney skill or level of experience, or even t...

Excerpt: ...resent ation requirements are untimely, is unconstitutional because it constitutes a prohibited “gift” of public funds to the victim of the alleged assault. Moving Party supports its arguments by pointing to several recently filed writs addressing the issue of whether AB 218 constitutes an unlawful gift of public funds as applied to claims against public entities for childhood sexual abuse. (See exhibits to RJN, ROA #42.) But the outcome of ...

Excerpt: ...Complaint Movin g Defendants' demurrer to the First Amended Complaint is SUSTAINED with leave to amend. Plaintiff shall have 20 days to file and serve a Second Amended Complaint. Unjust Enrichment: The demurrer to the Fifth Cause of Action, for Unjust Enrichment, is SU STAINED with leave to amend. Moving Defendants argue that “unjust enrichment is not a stand -alone cause of action. (ROA No. 101 at pp. 9 -10) The authority Moving Defendants ci...

Excerpt: ...pled. (¶¶ 1 -49.) Additional facts can be sought through discovery. Fifth Cause of Action for Fraudulent Inducement – Intentional Concealment Defendant challenges the fraudulent inducement by concealment cause of action on grounds it fails to plead the requisite transac tion Civil Code section 1793.2(a) provides: “Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: . . ....

Excerpt: ...iracy). (Code Civ. Proc., § 430.10(e), (f).) 5th C/A (slander of title) – OVERRULED The fifth cause of action for slander of title alleges the following: While they were married, Plaintiff and Defendant ZENGJIAN CHEN (“Chen”) jointly owned certain real property in the City of Irvine as husband and wife. Defendant Ashanti N. Clark (“Clark”) is a notary in Texas. Defendant Worldwide Signings, Inc. (“WWS”) is a notary agency and Defe...

Excerpt: ...ty (2012) 208 C al.App.4th 1125, 1135.) Any “ambiguities can be clarified under modern discovery procedures.” (Ibid.) Standing/Capacity. The FAXC alleges MSO “is, and at all times mentioned herein was, a California corporation existing under the laws of the State of C alifornia.” (FAXC ¶ 4.) A demurrer “admit[s] all material facts properly pleaded,'” including this one. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court cannot t...

Excerpt: ...es th at moving parties spend much paper arguing facts outside of the pleadings and/or the merits of plaintiffs' claims. (Demurrer at 17:17 -19:25, 22:14- 24:6.) However, it is well settled that a demurrer can be used only to challenge defects that appear on the face of the pleading, or from matters outside the pleading properly subject to judicial notice (Blank v. Kirwan (1985) 39 Cal.3d 311, 318), and that plaintiffs' allegations must be accept...

Excerpt: ...sel also mus t provide a redlined version of any revised papers, including the proposed letter to the aggrieved employees. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the sett lement agreement and the proposed letter to the aggrieved employees, rather than with just a supplemental declaration or brief simply asserting that the issues have been resolved. T...

Excerpt: ...024 (ROA 66), but not filed until April 25. Turning to the merits, Plaintiffs' complaint repeatedly alleges that they (and other consumers) purchased goods or services from “the ‘cisco.com' webpage operated by Cisco,” which the complaint defines as the “Website.” (See, e.g ., Compl. ¶ 1.) Cisco contends this allegation is frivolous because it is impossible to purchase goods or services from the Website, as defined. “A claim is fac...

Excerpt: ...§ 452(d); Richtek USA, Inc. v. UPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 658.) Greenhouse first contends that Woolard's claims here are barred based on the doctrines of res judicata and/or collateral estoppel. More specifically, Greenhouse argues that Woolard's claims are barred because of an order granting Greenhouse's summary judgment motion in Smith v. Eric Michael Woolard, Case No. 2020 -01174210 (the “Smith Action”). Courts ...

Excerpt: ...gland Decl., reading “when Sunyata used the second fraudulent transfer to claim the right to evict us” is SUSTAINED (relevance, improper legal argument). Defendants' remaining evidentiary objections are OVERRULED. The Court lacks jurisdiction to reconsider it s 1-30- 24 order, as a judgment of dismissal has since been entered as to these defendants. (Safeco Ins. Co. of Illinois v. Architectural Facades Unlimited, Inc. (2005) 134 Cal.App.4th 1...

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.�...

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: ... 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: ...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: ...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: ...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: ...�� (Code Civ. Proc., § 387(d)(1)(A).) “Section 387, subdivision (d)(1)(A) provides for mandatory intervention … where ‘[a] provision of law confers an unconditional right to intervene,' wholly apart from the nature and character of the non -parties interest in the litigation or the issue of adequacy of representation.” (Accurso v. In- N-Out Burgers (2023) 94 Cal.App.5th 1128, 1136, fn. 9.) Section 708.430 of the Code of Civil Procedure s...

Excerpt: ...f motion for one or more of the following purposes: … [t]o stay or dismiss the action on the ground of inconvenient forum.” (Code Civ. Proc., § 418.10, subd. (a)(2).) “When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just.” (Code Civ. ...

Excerpt: ... simply st ates that they seek an order “enforcing the arbitration agreement executed” by the plaintiff. They identify themselves as “third party beneficiaries of the arbitration agreement [and] are therefore entitled to have this case submitted to binding arbitrati on and to have the proceedings in this case dismissed.” (ROA 27, 2:8 -10.) The accompanying points and authorities state, however, that “plaintiff executed a binding mutual...

Excerpt: ...y no. 20.8 and Special Interrogatory no. 14. Defendant's requests for evidence sanctions (Code Civ. Proc., § 2023.030, subd. (c)) are DENIED. Form Interrogatory no. 20.8 and Special Interrogatory no. 14 Defendant presented no evidence it made any attempt to meet and confer with Plaintiff regarding these two interrogatories. (Code Civ. Proc.§ 2030.300, subd. (b)(1).) (See Miller Declaration, ¶¶ 8 -11 and Exhibits C -D to Miller Declaration [De...

Excerpt: ...Beach filed a motion to compel further responses to form interrogatories (set one), special interrogatories (set one), and requests for production of documents (set one). The motion included a request for monetary sanctions. No opposition was filed to the motions. Th e court notes that this is not first discovery dispute between the parties over these discovery requests. Last August, the court granted a motion to compel responses to the same d...

Excerpt: ...ntified in the responses within 10 days of this Order, and to the extent any responsive documents are withheld on the basis of attorney -client privilege, work product protection, and/or trade secret protection, Plaintiff shall serve a privilege log that identifies the d ocuments withheld and the information necessary to enable the claim of privilege/protection to be evaluated by Defendant. Plaintiff and Plaintiff's counsel shall pay monetary s...

Excerpt: ...determination of an anti -SLAPP motion is a two -step process. First, the court determines if the party moving to strike a cause of action has met its initial burden to show that the cause of action arises from an act in furtherance of the moving party's right of pet ition or free speech. Then, if the court determines that showing has been made, the court determines whether the opposing party has demonstrated a probability of prevailing on th...

Excerpt: ...erifi ed complaint for defamation and civil extortion against defendants. It alleged that Pabriaga, from an Elab e -mail address, sent two e -mails to several California employees of plaintiff wherein he sought at least $100,000 in exchange for not reporting plaintiff for “illegal testing,” as well as not filing “a complaint to the Office of the Inspector General Fraud Division.” The e -mails are attached to the declaration of Ashlie To...

Excerpt: ... by t he Court as grounds for denial. Non -party Bradley Yourist seeks to quash the subpoena which was personally served on him by Plaintiff Usman Chowdry while he was at court. Yourist contends the subpoena impermissible seeks the personal financial records o f Defendants Phase 9 and Tissera from two unrelated civil litigation matters in which Yourist was counsel for the plaintiffs. Code of Civil Procedure section 1987.1 states, in part, “(a)...

Excerpt: ...n favor of the party seeking relief from default. Iott v. Franklin (1988) 206 Cal. App. 3d 521, 526. If a party moves promptly for default relief, or if the granting of the relief from default will not prejudice the opposing party (other than losing the advantage o f the default), only slight evidence will justify an order granting such relief. Ibid. For this reason, “a trial court order denying relief is scrutinized more carefully than an orde...

Excerpt: ...ober 26, 2023. ( See ROA 81.) Petitioner appears to have filed a Substitution of Attorney on October 30, 2023, indicating that it is now represented by Marc Cohen, Esq. of Cohen Law Group, APC. (ROA 91.) On that same date, Petitioner filed an Association of Counsel indic ating that Allen Matkins Leck Gamble Mallory & Natsis LLP, and attorneys Scott J. Leipzig, Michael R. Farrell, and Tim C. Hsu, are associating in as co -counsel for Petitioner ...

Excerpt: ...this cost sh ows it incurred only $507.75 to file its answer and demand for jury trial, and not the $508.95 total claimedunder Items 1a -b. (Opp. at p. 6:15 -20; McIntosh Decl. at Ex. A, p. 1.) (2) $9,050 of the amount sought under item 8b. Defendant's first Code of Civi l Procedure section 998 offers to compromise served on 7/10/23 (hereinafter, the 998 offer) was valid. (See Perez Decl. ¶ 2, Ex. 1 [subject 998 offer]; see also Martinez v. Br...

Excerpt: ...editor”) is DENIED . On 10/27/22, the Court of Appeal issued a Remittitur which awarded costs to Kreditor. (ROA 117) On 11/14/22, Eoin Kreditor and Fitzgerald Yap Kreditor filed a Memorandum of Costs on Appeal, signed under penalty of perjury by counsel. (ROA119) The Memo o f Costs lists the following costs: 1 - $780.00 for preparation of the original and copies of clerk's transcript of appendix; 2 - $244.00 for preparation of the original and...

Excerpt: ...he existen ce of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the co ntroversy exists, unless it determines' there is a defense to enforcing the agreement. [Citation.] (Brodke v. Alphatec Spine Inc. (2008) 160 Cal.App.4th 1569, 1574.) “‘The petiti...