Excerpt: ...iling party.” Bad faith may be shown by: (1) the objective speciousness of the claim; and (2) subjective bad faith in bringing or maintaining the action, i.e., for an improper purpose. Cypress 7 Semiconductor Corp. v. Maxim Integrated Prod., Inc. (2015) 236 Cal.App.4th 243, 260. Under the “objectively specious” standard, it is sufficient for defendants to point to the absence of evidence of misappropriation in the record. Id. at 260‐261. ...

Excerpt: ...e cited document is not attached to the request. Defendant's demurrer to complaint is sustained with leave to amend. Plaintiff fails to allege sufficient facts to establish a valid cause of action for professional negligence against defendant Nick Tziavaras. Any amended complaint shall be filed and served on or before January 10, 2020. Motion to Strike Defendant's request for judicial notice is granted as to Exhibit A. The request is denied as to...

Excerpt: ...s the recovery of attorneys' fees to a buyer who prevails in an action under that section, “determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Plaintiffs request attorneys' fees in the amount of $38,468, which includes estimated fees relating to the current motion of $6,975. Plaintiff also requests a .3 multiplier resulting in additional attorneys' fees of...

Excerpt: ...beth Voss. A party may move to quash a subpoena directed to a third party where the records sought are not within the permissible scope of discovery. Plaintiff moves to quash the subject subpoena on several grounds, including that it is facially overbroad, seeks confidential and privileged information, and seeks information that has been improperly retained by a former employee. The subpoena served on Elizabeth Voss requests two categories of doc...

Excerpt: ...perty claim. Code Civ. Proc. §§ 405.31, 405.32. A real property claim means “a cause of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified in the pleading”. Code Civ. Proc. § 405.4. The current action was dismissed by the court without prejudice on September 17, 2019, with plaintiff's consent. Although the action has been dism...

Excerpt: ...r of law. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. The moving party has the burden of showing, by 1 affidavit, facts establishing every element necessary to sustain a judgment in favor of the party. Consumer Cause, Inc. v. Smilecare (2001) 91 Cal.App.4th 454, 468. Once a plaintiff sets forth evidence establishing each element of its prima facie case, the burden of proof shifts to the defendant to prove a triable issue regardi...

Excerpt: ...erson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. Plaintiff's form complaint alleg...

Excerpt: ... convenience of witnesses. In denying defendants' motion based on the convenience of witnesses, the court stated: Defendants' alternative request to transfer venue pursuant to Code of Civil Procedure section 397, based on the convenience of witnesses and the interests of justice, also fails. The motion is premature as not all defendants have answered the complaint. Code Civ. Proc. § 396b(d); Buran Equipment Co., Inc. v. Superior Court (1987) 190...

Excerpt: ...lly be exercised liberally to permit amendments to pleadings, “at any stage of the proceedings, up to and including trial”. Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761. However, the policy of liberality in permitting amendments to the complaint should be applied only where no prejudice is shown to the adverse parties. Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487. Plaintiff's motion for trial setting preference due t...

Excerpt: ...k National Association is granted. This subpoena seeks “all documents and transaction history related to accounts owned by Shawn Whitney from 01/01/2017 to 01/01/2019”. Plaintiff's personal financial information is protected by the constitutional right to privacy. Valley Bank of Nevada v. Superior Court (1975) 15 Cal.3d 652, 656. Where discovery seeks to invade the constitutional right to privacy, the party seeking the discovery must show tha...

Excerpt: ...l, Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 795. Defendant denies personal service was effectuated, and states that she discovered the subject paperwork stuck in her security screen on September 28, 2019. Defendant denies knowledge of any attempts to personally serve her. In response to defendant's motion, plaintiff submits the declaration of process server Eric Meyer. Mr. Meyer details numerous attempts to effectuate personal service on...

Excerpt: ...not the truth of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the tru...

Excerpt: ...allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or...

Excerpt: ...bsolute identity of parties. Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 789. Plaintiff argues that this requirement is not satisfied here, as she is not a named plaintiff in the Brown action. Both cases are representative actions brought under the Private Attorney General Act (“PAGA”). An employee suing under PAGA “does so as the proxy or agent of the state's labor law enforcement agencies.” Arias v. 12 Superior C...

Excerpt: ...v. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's 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 to be true no matter how improbable the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The court assumes the truth of all facts properl...

Excerpt: ...§ 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's 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 to be true no matter how improbable the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The court assumes the truth of all facts properly pleaded...

Excerpt: ..., nor whether she “stayed” at the property on dates outside of the periods when she leased the property. With respect to special interrogatory Nos. 22, 23 and 27, defendant argues that the information sought by the interrogatories is equally available to the propounding party, and that the information can be gleaned from documents that have been produced in this action. 7 Defendant's responses also set forth objections on the grounds that the...

Excerpt: ...ination for July 16, 2019. The notices expressly stated that plaintiff would bear responsibility for a non‐cancellation fee based on their failure to attend. Plaintiffs failed to attend the examinations, and the examining doctor charged a no‐show fee of $1,000 per examination. Defendants request sanctions for the cost of the no‐ show fees as well as attorneys' fees and costs incurred in bringing the current motion. Plaintiffs oppose the mot...

Excerpt: ...on (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. Defendants' demurrer to plaintiff's...

Excerpt: .... Code Civ. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Eva...

Excerpt: ... is overruled. Defendants' objection to plaintiffs' request for judicial notice is overruled. Ruling on Motion Plaintiffs W1 Holdings, G4 Capital Partners, LLC and Sheena George move for summary judgment of this consolidated action, or alternatively summary adjudication of issues. With respect to plaintiffs' request for summary adjudication, plaintiffs' notice of motion states that plaintiffs seek “summary adjudication of issues” but does not...