Excerpt: ...mmencement and prosecution of such action.” The parties agree Plaintiff is the prevailing party. At issue in this motion is the reasonableness of Plaintiff's request. The matter of reasonableness of a party's attorney's fees is within the sound discretion of the trial judge. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 1062.) Courts generally consider several factors in determining the reasonableness of a party's attorney's fe...

Excerpt: ...y manager, Mooshi Bijah, had told Plaintiff she could enter into an annual lease of the lot rather than weekly, and allow Plaintiff to relocate her trailer into another space at no cost until it was sold. Bijah told Plaintiff that she would not receive title of the manufactured home until it was paid off, and title would remain with Diamond Valley. Plaintiff was no longer interested, but later convinced by the maintenance man to trust Bijah. Plai...

Excerpt: ...he aftermarket filters that they produced. Plaintiff believes that Defendant's intention with these false statements is to cause California consumers to stop purchasing Plaintiff's air filters, and instead purchase Defendant's replacement air filters, enticed by the false representations. The operative pleading is the first amended complaint, which followed the Defendant's original demurrer. Like the prior complaint, the FAC also asserts one caus...

Excerpt: ...ioners exhausted remedies by submitting comments in writing, which they attach and which address all of the allegations made in the TAP. (See Gov. Code, § 65009, subd. (b)(1) [“In an action or proceeding to attack, review, set aside, void, or annul a finding, determination, or decision of a public agency made pursuant to this title at a properly noticed public hearing, the issues raised shall be limited to those raised in the public hearing or...

Excerpt: ...plaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead fac...

Excerpt: ...nst plaintiff among others for intentional interference with prospective economic advantage and a fifth cause of action for intentional interference with contractual relations. Ikonte brings this special motion to strike as to the claims asserted against Ikonte in the crosscomplaint. Ikonte contends that these claims were asserted because Ikonte filed a lis pendens in connection with this lawsuit. It is argued that an action brought due to the fi...

Excerpt: ...bia Riverside, Inc., Riverside Healthcare Systems, L.P. (“Corporate Defendants”) as a resident physician at Riverside Community Hospital in the neurology department from 7/1/19 to 3/19/21, when she was terminated from her employment. Plaintiff alleges the defendants discriminated against her based on age, sex, national original, religion, race and disability, i.e., as a Persian woman of the Muslim faith over 40 years old, suffering from a spi...

Excerpt: ... Viking River Cruises, Inc. v. Moriana (2022) 142 S. Ct. 1906, defendant's argument is without merit. A wholesale waiver of a right to bring a PAGA representative claim as it exists in the subject arbitration agreement, is still recognized as unenforceable. See Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 384. However, any individual claims may be severed and subject to arbitration. Viking River, while holding that the n...

Excerpt: ...ns are overruled. Factual and procedural background: On 3/12/20, Jessina Azmi Hweidi (“Decedent”) was driving her vehicle southbound on Knabe Road, north of White Sage Street. Her sister, Safa Azmi Hweidi (“Safa”), was a passenger in the vehicle. It was raining heavily that day and an unsafe amount of water had built up on the roadway. Decedent lost control of her vehicle and collided with a boulder and tree. Decedent was fatally injured ...

Excerpt: ...risk of harm to Plaintiff by allowing Plaintiff to run drills with varsity players. Further, there are triable issues of material fact regarding whether Defendant's conduct in failing to take Plaintiff off the field after observing him get hit constitutes gross negligence and defeats Plaintiff's alleged assumption of the risk. [Defendant's Notice of Lodgment, Ex. A, UMF 3 and UMF 14 (and Plaintiff's responses), Plaintiff's UMF 14 (and Defendant's...

Excerpt: ...Under section 2023.010, a terminating sanction may be imposed for “a misuse of the discovery process.” Nevertheless, the imposition of terminating sanctions should be used sparingly and is not appropriate here because plaintiff still has time prior to trial to use the discovery process to obtain the information she claims was withheld. Summary of terminating sanctions procedure The Discovery Act provides for sanctions based on a misuse of the...

Excerpt: ...2030.220(a), (b).) “If the responding party does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the information is equally available to the propounding party.” (CCP §2030.220(c).) Responding party is not under a duty to make inquiry from indepen...

Excerpt: ... granted leave to file 2nd Amended Complaint consistent with this order within 30‐days. Prevailing party to provide notice pursuant to CCP 1019.5. Plaintiff filed her Complaint on January 1, 2022 and the operative FAC on April 22, 2022. She asserts four causes of action for: (1) Breach of Contract; (2) Intentional Interference with Contractual Relations; (3) Conspiracy; and (4) Fraud. This is a breach of contract case. In June, 2020, Plaintiff ...

Excerpt: ...a judgment, dismissal, order, or other proceeding taken against her, due to her or her counsel's mistake, inadvertence, surprise, or excusable neglect. Said motion must be brought within six months after entry of the judgment, dismissal, or order at issue. The moving party bears the burden of proving that she is entitled to relief. Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58. A mistake of law or fact can be the basis of relief under C...

Excerpt: ...ntially complied with the flexible, informal rules established by the District's Governance Manual and the agenda for the December 1, 2020 general meeting provided sufficient information to allow the public a fair chance to participate. As such, there was no Brown Act violation. Based on this evidence. the District's actions on December 29, 2020 and April 16, 2021 were arbitrary and capricious. WRIT OF MANDATE: A proceeding for the issuance of a ...

Excerpt: ...ding not drawn or filed in conformity with the laws of this state, a court rule or an order of the court. (CCP § 436.) A motion to strike is also the proper vehicle to attack a punitive damages claim where facts alleged may not rise to the level of fraud, malice or oppression. (CCP §§ 435‐436; Truman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.) As with a demurrer, on a motion to strike “the court treats as true ...

Excerpt: ...strike, it is denied. The court may, upon a motion made pursuant to CCP § 435, or at any time in its discretion, and upon terms it deems proper strike out any irrelevant, false, or improper matter inserted in any pleading, or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule or an order of the court. (CCP § 436.) A motion to strike is also the proper vehicle to attack a punitiv...

Excerpt: ...to Plaintiff's counsel asking to stipulate to an extension of discovery cutoff so that Defendants could serve a subpoena on BlueHost, Inc., and requested a response by July 27, 2022. (Thompson Decl. ¶ 19, Ex. M.) Plaintiff's counsel acknowledged receipt of the letter, but he did not respond to the extension request. (Id. at ¶ 20.) Plaintiff's counsel appears to oppose the extension request on the ground that Defendants' counsel signed the stipu...

Excerpt: ... the court's personal jurisdiction on the ground of improper service of process, the plaintiff has the burden to prove the existence of jurisdiction by proving the facts requisite to an effective service. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) The filing of a proof of service creates a rebuttable presumption that service was proper only if the proof of service complies with the applicable statutory requirements. (Evidence Code �...

Excerpt: ...Defendant for subrogation of claims paid in the workers' compensation case. On 1/28/22, this Court consolidated the two cases. On 6/30/22, Defendant issued three (3) subpoenas for Plaintiff's records to the following entities: County of Riverside, Human Resources; County of Riverside, Payroll/Auditor Controller; and County of Riverside Human Resources c/o Workers [sic]. These subpoenas requested Plaintiff's employment, insurance, tax, and workers...

Excerpt: ...e unable or unwilling to bring the vehicle into conformity with the express warranties. On 12/30/21, Plaintiff submitted a claim to the Better Business Bureau Autoline Program (BBB) for arbitration. On 3/18/22, the BBB agreed with Plaintiff that the vehicle was a lemon and ordered HMA to repurchase or replace the vehicle. On 3/24/22, Plaintiff accepted the restitution award issued by the BBB, but HMA has failed to comply with the BBB's order with...

Excerpt: ...der the CLRA and UCL, are not enforceable. (McGill v. Citibank, N.A. (2017) 2 Cal.5th 945, 956; Cruz v. PacifiCare Health Systems, Inc. (2003) 30 Cal.4th 303, 307 (public injunctive relief claims under the UCL and false advertising law are not arbitrable); Broughton v. Cigna Healthplans of Calif. (1999) 21 Cal.4th 1066, 1081 (actions under CLRA is not arbitrable).) However, in AT&T Mobility, LLC v. Concepcion (2011) 563 U.S. 333, the United State...

Excerpt: ...showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (C.C.P. § 437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendant has made such a showing, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Agui...

Excerpt: ... the driver working through the Lyft app, picked her up, drove her to a place several miles away from her intended destination, and “engaged in sexual intercourse with her at a time when she was intoxicated and had no capacity to consent.” (FAC, ¶8.) The First Amended Complaint alleges causes of action for (1) sexual battery (against Lyft and Soliman); (2) civil battery (against Lyft and Soliman); (3) intentional infliction of emotional dist...

Excerpt: ...CCP § 426.16 in the amount of $16,650.00 and costs of $151.11. Factual / Procedural Context: Now before the Court are two separate fee motions filed by Cross‐Defendants after prevailing on their respective anti‐SLAPP motions. The original underlying action is for wrongful termination based on various alleged violations of the California Fair Employment and Housing Act (“FEHA”) and the Labor Code. Plaintiff/ CrossDefendant Claudia German ...