Excerpt: ...missal pursuant to a delay in prosecution. When a nonresident defendant challenges personal jurisdiction the burden shifts to the plaintiff to demonstrate by a preponderance of the evidence that all necessary jurisdictional criteria are met. (Jewish Defense Org. v. Superior Court (1999) 72 Cal.App.4th 1045, 1054‐55.) This burden must be met by competent evidence in affidavits and authenticated documentary evidence. (Id. at 1055.) Once a plainti...

Excerpt: ...on of Documents and/or lawful Subpoenas. The proof of service attached to the moving papers does not reflect that either Attorney Baldwin or the Riverside Sheriff's Department were served with notice. Further, pursuant to CRC Rule 3.1346, “[a] written notice and all moving papers supporting a motion to compel an answer to a deposition question or compel production of a document or tangible thing from a nonparty deponent must be personally serve...

Excerpt: ...ges causes of action for 1) strict products liability, 2) negligence and negligence per se, 3) NIED, and 4) loss of consortium. Further, the FAC alleges that during Thanksgiving week in 2018, Plaintiffs Joseph and Azadeh Lavi, who were lawfully married at the time, visited the Defendant Hotel with their young children. While at the Defendant Hotel, Mr. Lavi ordered a Caesar salad (a salad made with romaine lettuce) from the Defendant Hotel, which...

Excerpt: ...t on the pleadings by a defendant may be made on the grounds either that the court “lacks jurisdiction of the subject of one or more of the causes of action alleged” or the complaint (or any cause of action therein) “does not state facts sufficient to constitute a cause of action against that defendant.” (Cal. Code Civ. Pro. § 438(c)(1)(B).) While a party may demur pursuant to Cal. Code Civ. Pro. §430.10(d) on the basis of the nonjoinde...

Excerpt: ...cribed in Tech‐Bilt. “[M]any judges simply refuse to grant a motion under § 877.6 unless the moving papers address each of the applicable Tech‐Bilt factors.” (Weil & Brown at § 12:874.) However, “when no one objects, the barebones motion which sets forth the ground of good faith, accompanied by a Page 3 of 3 declaration which sets forth a brief background of the case is sufficient.” (City of Grand Terrace v. Superior Court (1987) 19...

Excerpt: ...er has failed to meet his burden to demonstrate that the Arbitrator committed a manifest abuse of discretion in upholding Petitioner's termination. SUMMARY OF PROCEDURAL FACTS Petitioner was served on June 30, 2020, with a Letter of Intent to Terminate for violation of Article XII, Section 2, of the County of Riverside Terms and Conditions of Employment with the Riverside Sheriff's Department related to a jail incident on June 22, 2019. The Depar...

Excerpt: ...Trinity River Land Co. (1980) 105 Cal.App.3d 104, 109. “The rule is based upon the public policies of avoiding conflicts that might arise between courts if they were free to make contradictory decision or awards relating to the same controversy, and preventing vexatious litigation and multiplicity of suits” and “to protect the rights of Courts of co‐ordinate jurisdiction to avoid conflict of jurisdiction, confusion and delay in the admini...

Excerpt: ...hower Medical Center, for a vaccine and tripped over some exposed cords, fracturing her patella and suffering other injuries. She pleads causes of action for premises liability and negligence. Roberta's husband, S. Morton Zweig, pleads a cause of action for loss of consortium. Defendant noticed plaintiffs' in‐person depositions, and their counsel said they would only appear remotely because they are in their 70s and fear exposure to Covid. The ...

Excerpt: ...ants. According to Plaintiff, some of the responses were evasive, incomplete, and missing responsive documents. On September 15, 2022, Defendants served their responses to the SROGs and RFPs. On October 18, 2022, after receiving Defendants' responses, Plaintiff's counsel called Defendant's counsel to meet and confer. During the meet and confer, the parties agreed to extend further responses by two weeks, setting a deadline of November 1, 2022. (N...

Excerpt: ...s no defense to the action or proceeding. (Cal Code Civ Proc § 437c(a).) “A defendant's motion for summary judgment should be granted if no triable issue exists as to any material fact and the defendant is entitled to a judgment as a matter of law.” (Kahn v. East Side Union High School Dist. (2003) 31 Cal. 4th 990, 1002‐1003.) “The moving party bears the burden of production to make a prima facie showing of the nonexistence of any triabl...

Excerpt: ...and 211. The Court also strikes portions of the following paragraphs to the extent that they reference reports to animal control/social services/public agencies and issuance/service of the 3‐Day Notice: ¶¶ 122, 134, 142, 161, and 190. Factual / Procedural Context: Plaintiffs, Rebecca Gremling; Josephine and Owen Barjols, minors, by and through their Guardian Ad Litem, Carrie Barjols, allege that they were tenants in an apartment located at 39...

Excerpt: ...913, 917. Drill Tech alleges ERSI negligently performed its services causing Plaintiff's damages, thereby causing Drill Tech to incur attorney's fees, litigation costs, contractors' fees, etc. (Drill Tech XC, ¶¶ 115‐ 118.) Drill Tech fails to allege ERSI owed a duty of care to Drill Tech or that ERSI's alleged negligence caused injury to Drill Tech. Notably, the crux of Drill Tech's cross‐complaint against all of the cross‐defendants, inc...

Excerpt: ...iff's complaint need only met fact‐pleading requirements: it must contain a statement of the facts constituting the cause of action, in ordinary and concise language (CCP § 425.10(a)(1)), and should allege ultimate facts that, as a whole, apprise the defendant of the factual basis of the claim. (Medical Marijuana, Ins. v. ProjectCBD.com (2020) Cal.App.5th 869, 886.) A written contract may be pleaded either by its terms – set out verbatim in ...

Excerpt: ...hermore, the remedy is an injunction prior to the sale, and for actual economic damages resulting from the sale. (Civil Code §2924.19.) “A borrower may state a cause of action under section 2923.5 by alleging the lender did not actually contact the borrower or otherwise make the required efforts to contact the borrower despite a contrary declaration in the recorded notice of default.” (Rossberg v. Bank of America, N.A. (2013) 219 Cal.App.4th...

Excerpt: ...e of a party, without having served a valid objection, fails to appear for examination, to proceed with it or to produce for inspection any document described in the deposition notice. Before filing either a motion to compel, the moving party is required to make a reasonable and good faith effort to meet and confer in an attempt to informally resolve the issues. (See CCP §§ 2016.040 and 2025.480.) Defendant is requesting the Court to order Plai...

Excerpt: ...g papers continue to fail to comply with the court's CMO in at least the following respects: Second Amended Agreement: Paragraph 1.B. does not match the title of the agreement. Because the administration costs are capped at $8,500 (see order, ¶ 12), the circumstance described in the last sentence of ¶ GG cannot occur. That sentence should be stricken. Item (5) at lines 2 and 3 of page 16 of the agreement is contrary to the CMO and shall be dele...

Excerpt: ...mmary Judgment on the Sixth Cause of Action (Retaliation in Violation of FEHA). Defendant CDCR argues that Plaintiff cannot establish a prima facie claim of retaliation under FEHA because she cannot demonstrate that she was subjected to an adverse employment action. Under FEHA, an adverse employment action is one that “materially affects the terms, conditions, or privileges of employment.”(McCoy v. Pc.Maritime Ass'n (2013) 216 Cal.App.4th 283...

Excerpt: ...ulent inducement—concealment; and (6) negligent repair. Defendant FCA moves to compel arbitration based on the Retail Installment Sales Contract (RISC), which contains an arbitration provision. It relies on Felisilda and equitable estoppel. It also argues that it has standing as a third party beneficiary. It argues the FAA applies. Defendant Geovel, Inc. also moves to compel arbitration based on the same RISC. It asserts that the negligent repa...

Excerpt: ...ince Owens and the arbitration agreement). Although defendant seeks judicial notice of documents filed in the related action, those documents are not particularly relevant to this motion. There are also no judicially noticeable facts in any of the documents that is relevant to this motion. Judicial admissions and admitted facts by plaintiff in her declaration relate only to the class action waiver with no mention of any waiver of PAGA claims. (RJ...

Excerpt: ...7/20 complaint pleads causes of action for breach of contract, unjust enrichment, negligent misrepresentation, and conversion. Plaintiff took defendant's default on 10/18/21. A default judgment packet was submitted on 10/6/22, and an OSC re default judgment on 01/11/23. On 10/19/22, defendant filed a motion to vacate the default. She admits her counsel had talked to plaintiff's counsel in an attempt to informally resolve things, but she says she ...

Excerpt: ...ence and negligence per se, 3) NIED, and 4) loss of consortium. Further, the FAC alleges that during Thanksgiving week in 2018, Plaintiffs Joseph and Azadeh Lavi, who were lawfully married at the time, visited the Defendant Hotel with their young children. While at the Defendant Hotel, Mr. Lavi ordered a Caesar salad (a salad made with romaine lettuce) from the Defendant Hotel, which the Hotel served him. As of the time that the Defendant Hotel s...

Excerpt: ...or sanctions is denied. Motion to Compel Production and Responses, Set Two, is denied as to RFP nos. 107‐111, 113‐ 119, 136 as moot. Motion to Compel is denied as to RFP nos. 123‐128, 131‐134 because Plaintiff waived the right to compel by failing to seek further responses to earlier, substantially similar, requests. Motion to Compel is granted as to RFP nos. 129, 130 and 135 because the responses are not compliant with CCP § 2031.240; D...

Excerpt: ...ong‐Beverly (express warranty); (2) violation of Song‐Beverly (implied warranty); (3) Civil Code §1793.2. Trial is not set. Plaintiffs move to compel further responses to requests for production. Plaintiffs contend Defendant provided boilerplate objections, or any substantive response. They assert the documents are relevant to determine whether Defendant complied with their obligations as to Song‐ Beverly and civil penalties. They request ...

Excerpt: ...before filing a Demurrer or Motion to Strike “the moving party shall meet and confer in person or by telephone” with the party who filed the pleading that is subject to demurrer or the motion to strike for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer or motion to strike. On November 22, 2022, Defendants' counsel, Gabriel Benrubi submitted a declaration, stating t...

Excerpt: ...ls Co. (1981) 123 Cal.App.3d 593, 604.) “In short, the ruling on a demurrer determines a legal issue on the basis of assumed facts, i.e., all those material, issuable facts properly pleaded in the complaint, regardless of whether they ultimately prove to be true.” (State of California ex rel. Bowen v. Bank of America Corp. (2005) 126 Cal. App. 4th 225, 240.) However, a demurrer does not admit contentions, deductions or conclusions of fact or ...