Excerpt: ...rt weighs the likelihood of whether the moving party will prevail on the merits and the relative interim harm to the parties from the issuance or nonissuance of the injunction. (Hunt v. Superior Court (1999) 21 Cal.4th 984, 999- I(M.) Turning first to whether plaintiff will prevail on the merits, plaintiff relies heavily on its claim for declaratory relief. An action for declaratory relief requires an actual controversy relating to the legal righ...

Excerpt: ...nner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence.” (Code Civ. Proc., § 1094.5 subd. (b).) “Where it is claimed that the findings are not supported by the evidence, in cases in which the court is authorized by law to exercise its independent judgment on the evidence, abuse of discretion is established if the court determines that the findings are not supported by t...

Excerpt: ... 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) For defamation, a plaintiff must allege defendant made a false and unprivileged statement about plaintiff that tended to injure plaintiff's occupation or expose him to hatred, contempt, ridicule, shame, or to encourage others to shun him; defen...

Excerpt: ...ency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans...

Excerpt: ...ection 430.10(a) and (c), arguing the court has no jurisdiction over the subject of the causes of action in the first amended complaint as there is another action pending between the same parties on the same causes of action. A demurrer tests the legal sufficiency of the pleading, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Picton v. Anderson Union High School (1996) 50 Cal.App.4th 726, 733.) All properly p...

Excerpt: ...In the current request, defendant seeks to compel plaintiff to participate in arbitration under the FAA for his individual PAGA claim in light of plaintiff's execution of the arbitration agreement. A request to compel arbitration under the FAA may be brought in state court. (Southland Corp. v. Keating (1984) 465 U.S. 1, 16; Main v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1977) 67 Cal.App.3d 19, 24, disapproved of on other grounds in Rosentha...

Excerpt: ... demurrer even where the challenge is untimely filed. (Jackson v. Doe (2011) 192 Cal.App.4th 742, 750.) Ruling on Demurrer The demurrer is sustained without leave to amend. A demurrer is reviewed under wellestablished principles. The challenge tests the legal sufficiency of the pleading, not the truth of the allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) In this vein, the allegations are dee...

Excerpt: ...ished principles. The challenge is brought where the pleading does not state facts sufficient to constitute a cause of action. (Code of Civil Procedure section 430.10(e).) A demurrer is also appropriate based upon the statute of limitations where the grounds appear on the face of the pleading. (Aaronoff v. Martinez-Seftner (2006) 136 Cal.App.4th 910, 918.) The applicable statute of limitations for personal injury claims is two years from the wron...

Excerpt: ...er of law.” Code of Civil Procedure section 437c(c). A party to the action may also move for summary adjudication if that party contends there is no merit to one or more of the affirmative defenses to the cause of action. Code of Civil Procedure section 437c (f)(1). However, a motion for summary adjudication shall only be granted where it completely disposes of a cause of action. Ibid. 2 The moving party bears the initial burden of establishing...

Excerpt: ...t is not bound by unpublished orders of trial courts. Plaintiff's objection to Exhibit 2 of the declaration of counsel Ali Ameripour is overruled. Ruling on the Motion The arbitration statutes evidence a strong public policy in favor of arbitration that is frequently approved and enforced by the courts. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2d Dist. 2010) 189 Cal.App.4th 1399, 1405.) Unde...

Excerpt: ...s (2010) 186 Cal.App.4th 1380, 1389.) Further, the court reviews the moving papers along with the entirety of the court file to determine that the settlement is genuine, meaningful, and consistent with the underlying purposes of the PAGA-related statute. (Lab. Code, § 2699(l); O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110.) The court must also determine whether the PAGA settlement appears fundamentally fair, reasonable,...

Excerpt: ..., 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) Here, plaintiff alleges three causes of action against defendant: an unspecified “intentional tort,” general negligence, and fraud. As to all three causes of action, plaintiff alleges the following facts: It is unclear what “intentional tort” plaintiff is ...

Excerpt: ...mary judgment/summary adjudication. A party may be granted leave to amend a complaint upon any terms that are necessary and just. (Code of Civil Procedure section 473(a)(1), (2).) This includes allowing for a postponement of trial along with the recovery of any costs to the adverse party. (Ibid.) While there has been a sufficient showing to support plaintiffs' amendments, the defendants will be significantly prejudiced by this sixth iteration of ...

Excerpt: .... Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of law. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 603.) This is compared to a motion to strike, which is used to strike portions of a complaint that are irrelevant, false, or improperly pleaded. (Code of Civil ...

Excerpt: ... establishing the applicability of the FAA along with establishing the existence of a written agreement between the parties to arbitrate. Hoover v. American Income Life Insurance Co. (2012) 206 Cal.App.4th 1193, 1207; Nixon v. AmeriHone Mortgage Company, LLC (2021) 67 Cal.App.5th 934, 946. Defendant Ford Motor Company relies on the arbitration provision of a contract that it has not signed. Nor does plaintiff dispute the existence of the arbitrat...

Excerpt: ...duction. Plaintiff had not responded in any way to the initial discovery requests. Plaintiff did not oppose the motion to compel initial responses nor did she respond to any meet and confer efforts. The court order granting the motion to compel directed plaintiff to provide responses within 10 days of service of notice of entry of order. Notice of entry of order was served on plaintiff June 4, 2021. Defendant presents evidence plaintiff failed to...

Excerpt: ...ficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Ber...

Excerpt: ...iate Athletic Assn., (1994), 7 Cal.4th 1, 36., 37.) However, the right to privacy is not absolute and courts must balance the right of civil litigants to discover relevant facts against the privacy interests of persons subject to discovery. (See John B. v. Superior Court, (2006) 38 Cal. 4th 1177.) Disclosure may be ordered if a “compelling public interest” would be served thereby. (Britt v. Sup. Ct. (San Diego Unified Port Dist.) 20 Cal.3d at...

Excerpt: ...-defendant Piedmont Capital Management LLC seeks attorneys' fees in the amount of $40,285, asserting 115.1 hours at a rate of $350 per hour. Plaintiff's unopposed motion is granted in part. A prevailing party in an action on contract is entitled to recover reasonable attorneys' fees where the contract provides for their recovery. (Civ. Code, § 1717, subd. (a).) At trial in this breach of contract matter, the court entered judgment in plaintiff's...

Excerpt: ...ation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (2010) 189 Cal.App.4th 1399, 1405. A defendant seeking to compel arbitration under the FAA bears the burden of establishing the applicability of the FAA along with establishing the existence of a written agreement between the parties to arbitrate. Hoover v. American Income Life Insurance Co. (2012) 206 Cal.App.4th 1193, 1207; Nixon v. AmeriHone Mortgage Company, LLC (...

Excerpt: ...& (f). A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed true no matter how improbable they may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. However, the court does not assume the truth of contentions, deductions, or conclusions of fa...

Excerpt: ...der v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) Plaintiff alleges several causes of action in her first amended complaint ...

Excerpt: ... the documents as they appear in the court file rather than as they are presented by defendant. Plaintiff's request for judicial notice is granted. Ruling on the Motion Defendant Taylor's motion to set aside entry of default and default judgment is granted. The court may set aside default due to the moving party's “mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473, subd. (b).) A motion to set aside default must ...

Excerpt: ...ired by the Code. In light of the filing of Ikeda's motion contesting the application, the court will exercise its discretion to consider the application on the merits. The settlement of fewer than all joint tortfeasors must be made in good faith with respect to the remaining defendants. (Code Civ. Proc., §§ 877, 877.6.) “The party asserting the lack of good faith shall have the burden of proof on that issue.” (Id. § 877.6, subd. (d).) In ...

Excerpt: ...ove for summary adjudication as to one or more causes of action if the party contends there is no affirmative defense to the cause of action. (Code Civ. Proc., § 437c, subd. (f)(1).) The moving party bears the initial burden of establishing each element of the cause of action entitling them to judgment as a matter of law. (Id. subds. (f)(1), (p)(1).) Only if this initial burden is met will the burden shift to the opposing party to establish a tr...