Excerpt: ...ding that ma y render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) “In ruling on a petition to compel arbitration, the trial court may consider evidence on factual issues relating to the threshold issue of arbit...

Excerpt: ...ling to document any scar tissue from the two prior -sections, and (3) failing to be attentive to adequate hemostasis after delivering the baby and prior to closing the abdominal incision. (Kessler Decl. ¶ 16.) He states that “No mention is made of any unusual intraoperative bleeding. It was below the standard of care to not notice the vascular damage and repair it, prior to closing the abdominal incision at the time of the C -section. The res...

Excerpt: ...for summary j udgment on the grounds that there is no triable issue of material fact as to Plaintiff's allegations that his fee was no unconscionable and that Defendant was charged the correct fee. Plaintiff asserts that the 40% contingency fee agreed upon and charged in the underlying personal injury case was and is the standard in the legal community for handling such cases and therefore the fee was not unconscionable nor unreasonable. Further,...

Excerpt: ...as a superin tendent/project manager of a worksite (Agua Mansa) to remove the former Riverside Cement Plant facility in Jurupa Valley. Plaintiff replaced the former superintendent, Herb Clark, who apparently left after contracting Valley Fever while on the job. It is alleged that the disturbed soil at the worksite contained a Coccidioides fungus, which causes Valley Fever. Plaintiff subsequently contracted Valley Fever (after mistakenly believing...

Excerpt: ... not be disturbed on appeal unless there is a clear showing that it was abused. (Carroll v. Abbott Laboratories, Inc. (1982) 32 Cal.3d 892, 897 -898; Record v. Reason (1999) 73 Cal.App.4th 472, 486.)3.1324(b). CCP §472 permits the amendment of any pleading once as a matter of course before the answer or demurrer is filed, or after demurrer and before trial. (Gross v. Department of Transportation (1986) 180 Cal.App.3d 1102, 1105.) Otherwise, amen...

Excerpt: ... Cai.App.5th 748 , 756.) “The objective of section 2000 is to provide an alternative to dissolution through a buy -out by the holders of 50 percent or more of the shares of the corporation.” (Trahan v. Trahan (2002) 99 Cal.App.4th 62, 75.) Corp. Code § 2000 provides, in relevant part: “In any suit for involuntary dissolution . . . the corporation . . . may avoid the dissolution of the corporation and the appointment of any receiver by purc...

Excerpt: ...or officer.” (C.C.P. § 1094.5(a)) An agency's decision can be only challenged on the grounds that: (1) the agency proceeded without or in excess of its jurisdiction; (2) the agency did not conduct a fair trial; and (3) there was prejudicial abuse of discretion. Abuse of discretion is established if the agency proceeded in the manner not required by law, the order or decision is not supported by the findings, or the findings are not supported b...

Excerpt: ... than merely foreseeable. (Dawes v. Superior Court (1980) 111 Cal. App. 3d 82, 89 -90.) In the leading case on this issue, the California Supreme Court recognized that there is a “very commonly understood risk which attends every motor vehicle driver who is intoxicated. (Taylor, supra, 24 Cal. 3d at 896.) The Taylor court held that one who voluntarily commences, and thereafter continues, to consume alcoholic beverages to the point of intoxicati...

Excerpt: ...aves, collectively, “Plaintiffs”) were traveling northbound on Washington Street near CA -111, when Defendant Ricardo Escobedo (“Escobedo”), who was employed by Defendant ABC Towing LLC (“ABC Towing”) (Escobedo and ABC Towing, collectively, “Defendants”), struck Plaintiffs' vehicle. On October 17, 2023, Plaintiffs filed a Complaint against Defendants, asserting causes of action for motor vehicle negligence and general negligence. ...

Excerpt: ...a loud and threateni ng manner. Plaintiff alleges that the security guard physically attacked him causing serious injuries. On October 6, 2023, Plaintiff filed his Complaint against the Inn and principle, Kalpesh Solanki (collectively “Defendants”). He asserts five causes of action for: (1) Assault; (2) Battery; (3) Intentional Infliction of Emotional Distress; (4) Negligence; and (5) Negligent Hiring, Supervision and Retention. On December 2...

Excerpt: ...f motion, Plai ntiff states that it is moving for summary judgment on “all issues with respect to Plaintiff's [FAC] against all defendants” or alternatively, on the first cause of action for breach of contract against Hidalgo -Foster and Preeminent American Page 4 of 7 Properties IV, LLC. However, in its memorandum of points and authorities, Plaintiff addresses only the merits of the breach of contract claim. Under CCP § 437c(p)(1), “[a] p...

Excerpt: ...parties entered into a written contract; (2) Plaintiff Tan performed each and every one of his obligations under the contract except those that we excused; (3) Defendants breached the contract by failing to obtain or transfer to Tan the Stipulated Judgment; (4) Plaintiff Tan was damaged because he paid $500,000 for a $1,000,000 Stipulated Judgment that Defendant's failed to obtain, let alone, forthwith. Plaintiff contends that the burden now shif...

Excerpt: ...Victoria Suzanne Geck (“Geck”), with 30 days leave to amend. Cross - Complainants have sufficiently alleged the causes of action in FACC for Cross -Defendants to be put on notice of the nature of the allegations. The factual allegations provide sufficient notice “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549 -550.) Whether the allegations can be proven is ...

Excerpt: ...set Partners, LLC moves the court to intervene, pursuant to §387, on the grounds that it is the real party in interest having negotiated the lease underlying Plaintiff's claims with Plaintiff's predecessor. In addition, Sunset Partners asserts that it was the owner and operator of the restaurant identified as “Adults Only” in Los Angeles county at the time the lease was negotiated and has agreed to indemnify the named Defendants who were its...

Excerpt: ... parties to enf orce the settlement until performance in full of the terms of the settlement.” The statute was enacted to provide a summary procedure for specific performance of a contract without the need for a new lawsuit. (Weddington Productions v. Flick (1998) 60 Cal. App. 4th 793, 809.) Pursuant to section 664.6, to be enforceable, a settlement agreement must be signed by the party or an attorney representing the party. (CCP § 664.6(b)(1)...

Excerpt: ..., or such prov isions must be attached and incorporated by reference. (CRC Rule 3.1330; see also Condee v. Longwood Mgmt. Corp. (2001) 88 Cal.App.4th 215, 218 –19.) This rule does not require the petitioner to authenticate the agreement or do anything more than allege its existence and attach a copy. (Condee, supra, 88 Cal.App.4th at 218 -19.) The burden then shifts to the opposing party to demonstrate the falsity of the purported agreement. (C...

Excerpt: ...were traveling northboun d on Washington Street near CA -111, when Defendant Ricardo Escobedo (“Escobedo”), who was employed by Defendant ABC Towing LLC (“ABC Towing”) (Escobedo and ABC Towing, collectively, “Defendants”), struck Plaintiffs' vehicle. On October 17, 2023, Plaintiffs filed a Complaint against Defendants, asserting causes of action for motor vehicle negligence and general negligence. On March 12, 2024, Plaintiffs served ...

Excerpt: ...be acted upon or deemed rejected by the public entity. (Govt. Code § 945.4, 950.2, 950.6(a).) To be timely, a government claim for damages must be presented to the public entity within six months of the date the cause of action accrued. (Govt. Code § 911.2.) If a plaintiff fails to file a government claim within the six -month period, he may apply to the public entity for permission to file a late claim. (Govt. Code § 911.4.) Such an applicati...

Excerpt: ... grounds that counsel is seeking to withdraw due to a breakdown in communications. She points out that she properly objected and that sanctions should be denied. Analysis Service of a proper deposition notice is sufficient to compel a party to appear, testify and produce records in their possession without a subpoena. (Civ. Proc. Code, § 2025.280(a).) Section 2025.450(a) states: “If after service of a deposition notice, a party to the action o...

Excerpt: ... Rejali file d a complaint for: (1) general negligence and (2) premises liability, contending she fell in an unmarked trench while walking towards the fire pit. Defendant Airbnb moves to compel arbitration based upon an arbitration agreement Plaintiff agreed upon when consenting to the terms of agreement. It points out that there is a delegation clause. It requests the court stay the action pending arbitration. In opposition, Plaintiff argues the...

Excerpt: ...xhibits 6 and 7 (documents are admissible as official records (Evid. Code § 1280)), and to Exhibit 8 (a dmissible as a business record (Evid. Code § 1271)). OVERRULE Plaintiff's objections to the declarations of Edward Lara, Gavin Huntly -Fenner, Philip Nitollama, and Officer Shawn Shourds. Plaintiff brings this premises liability personal injury action against the City of Riverside, alleging that the City negligently designed, installed, contr...

Excerpt: ...the party is su ch that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (CCP § 36(a)(1) -(2).) The purpose of trial preference under Section 36 is “to safeguard litigants beyond a specified age against the legislatively acknowledged risk that death or incapacity might deprive them of the opportunity to have their case effectively tried and the opportunity to recover their just measure of damages or a...

Excerpt: ...(1) the part ies' interest in the property and (2) the manner of partition. (Code Civ. Proc., § 872.720.) Here, because the parties are in agreement as to their respective interest in the property and the manner in which they presently hold title to the subject property as joint tenants, and because they have expressed their willingness to agree to partition by way of sale, the Court indicated that an interlocutory judgment may be entered accord...

Excerpt: ...ranty agreement with FCA US, LLC (“FCA”) regarding a 2023 Jeep Wrangler (“subject vehicle”) manufactured by FCA. Plaintiff alleges that the subject vehicle was delivered with or developed a number of serious defects. Plaintiff allegedly provided her vehicle to FCA's representatives, but they were unable to repair the vehicle. Plaintiff alleges that Moss Bros. Chrysler Dodge Jeep Ram San Bernardino (“Moss Bros.”) negligently repaired h...

Excerpt: ...se; (2) uncert ainty; and (3) failure to state whether the contract alleged in the answer is written or oral. (CCP § 430.20.) Affirmative defenses should be relevant to a plaintiff's legal claims and averred carefully, with as much detail as the facts constituting the corresponding causes of action in the complaint. (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384.) They should not be proffered in the form of “terse legal con...