Excerpt: ...een the same parties on the same cause of action.” (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 789.) Defendant claims without reference to the causes of action asserted herein, much less, any analysis of those causes of action and the matters pending in the Family law court that this matter is still pending in the Family Law court. Without more, the Court cannot determine whether this action is barred by the Family Law ...

Excerpt: .... Bankers Pension Services, Inc. (1999) 76 Cal.App.4th 550, 556, to determine the effect of res judicata, defendant must show three things, as follows: 1) the present action and the prior actions raise the same, identical claim; 2) the prior action resulted in a final judgment on the merits; and 3) the party against whom res judicata is asserted was a party, or in privity to a party, to the prior action. Defendant claims Plaintiff was a party to ...

Excerpt: ...dditionally, plaintiff offered to provide a written answer to the question. (2) ELIZABETH – “did you make the decision to sue Tom and Mizuki?” – GRANT The Opposition fails to establish that ELIZABETH's decision to sue was made in the course of attorney‐client privileged communications with her attorney. (3) ELIZABETH – what bank the Derby house sales proceeds went into – GRANT Given the dispute and the cross‐claims for fraud and f...

Excerpt: .... Finally, the claim for Dangerous Condition of Public Property fails as neither party disputes that CTAI was not a public entity or public employee. Request for Judicial Notice by CTAI: Granted as pursuant to Evidence Code Sections 451, 452, and 453. Objections stated by CTAI: Granted as to Nos. 14, 16, and 17 to the Declaration of Glenn Asakawa as the statements lack foundation and/or are speculative. Overruled as to objection 22. Court decline...

Excerpt: ...r class member). He implies, but does not expressly state, that any settlement larger than $750,000 would not survive constitutional scrutiny. Page 2 of 3 a. Does the plaintiff contend that this is the largest award that could pass constitutional scrutiny? b. If so, why do you believe that this is the maximum? c. If not, what is the maximum, and why? 2. The plaintiff asserts: “Defendant does not possess sufficient assets to pay an award of stat...

Excerpt: ...ng that Kollins could not assert personal ownership of funds that were alleged to have been taken from Carpet Depot, LLC that the cause of action belonged to Carpet Depot. The court then sustained Joseph's demurrer to the 1st cause of action in the First Amended CrossComplaint (“FACC”) on the same grounds, with leave to amend to add a potential derivative claim on behalf of Carpet Depot, LLC for conversion. Joseph again demurred to the Second...

Excerpt: ...s Reinsurance Company of America v. Borton Petrini LLP (2013) 221 Cal. App. 7th 890, 897. The only exception to the broad rule in where the legal malpractice claim is acquired as an incidental part of the purchase of one insurance company by another. In its opposition, Plaintiff does not opposed the demurrer on this ground in light of the court's prior ruling. Instead, Plaintiff argues that it has other claims to allege against Defendants, specif...

Excerpt: ...ian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 386‐387.) The reasoning of the Court of Appeal is the same: “[A] defendant cannot rely on a predispute waiver by a private employee to compel arbitration in a PAGA case, which is brought on behalf of the state.” (Betancourt v. Prudential Overall Supply (4th Dist., div. 2, 2017) 9 Cal.App.5th 439, 445, emphasis added.) The MAP was not signed by the State and is therefore irrel...

Excerpt: ...ntract. The Court sustained the demurrer to each cause of action in the First Amended Complaint (“FAC”) with leave to amend. The demurrer is based upon the grounds that each c/a fails to state a cause of action. For the following reasons, the demurrer is overruled with thirty (30) days leave to answer. 1 st c/a‐Plaintiff has alleged that Defendant discharged him because of his age. The elements of a cause of action for age discrimination ar...

Excerpt: ...169; Moore v. Preventive Medicine Medical Group, Inc. (1986) 178 Cal.App.3d 728, 747.) The failure to label the second cause of action as one for “professional negligence” does not render the Complaint uncertain. Demurring Defendants can reasonably determine what issues must be admitted or denied and what claims are directed against them. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) ...

Excerpt: ... leave to amend. Plaintiffs plead ultimate facts to support their fourth and fifth cause of action for negligence and products liability. See CCP § 425.10; Doe v. City of Los Angeles (2007) 42 Cal.4th 53, 550; C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872. However, the sixth cause of action for breach of warranties fails because there is no allegation that Corona sold the allegedly defective Tire to Decedent or Plain...

Excerpt: ...x. Q and R), and the amended bankruptcy schedule (Ex. U). All the remaining documents are irrelevant. Plea in Abatement: For plea in abatement, it may be made when there is another action pending between the same parties on the same cause of action. (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 789.) Plea of abatement requires “absolute identity of the parties.” (Id. at 788.) In addition, the causes of action must be th...

Excerpt: ...ore, the problem is that these Defendants were not part of the first suit. “Under the statutory plea in abatement, ‘[t]he pendency of another earlier action growing out of the same transaction and between the same parties is a ground for abatement of the second action.' [Citation.] A statutory plea in abatement requires that the prior pending action be ‘between the same parties on the same cause of action.'” (People ex rel. Garamendi v. A...

Excerpt: ...rd Amended Complaint (“TAC”) for (1) negligence, (2) elder abuse (Hanson), (3) negligence/willful misconduct and (4) elder abuse (Senior Care) is based upon allegations that Defendants (“Ds”), a company providing home care services to Plaintiff (“P”) and its employee Kaylen Hansen, failed to provide P safe home care and allowed P, who need assistance to walk because he was a “fall risk”, to go to the bathroom by himself, and that ...

Excerpt: ...�11.) In 2012, Bryant started to talk to Moody (KPM's treasurer) about KPM obtaining a policy through Bryant. (Compl. ¶12.) Bryant, on behalf of Mid‐Century, was actively soliciting Plaintiffs' business. (Compl. ¶12.) The Complaint also alleges Bryant was “a highly experienced” agent. (Compl. ¶12.) Moody told Bryant that “KPM would need insurance that covered the kinds of risk that KPM faced.” (Compl. ¶13.) The Complaint alleges tha...

Excerpt: ...Inc. are allegedly Walker's agents. They are his property managers. He can be liable for their conduct. Madden v. Kaiser Foundation Hospital (1976) 17 Cal.3d 699, 705‐706. Additionally, Walker's conduct as alleged is sufficient to establish extreme and outrageous conduct. Walker was aware of the rat infestation. He was aware of Plaintiff's medical condition. When a horrible mess was found behind Plaintiff's stove due to the rats, Plaintiff sent...

Excerpt: ...See Undisputed Material Facts Nos. 10 and supporting evidence consisting of Exhibit 6 to plaintiffs' complaint, the declaration of Ron Nielson, ¶¶ 6‐9, and declaration of Kathleen Nielson, ¶ 6.) Even though the Moving Party claims that they were not managing the property, evidence to the contrary exists. For example, they submitted an invoice regarding charges pertaining to attorney services related to the conviction as well as management fe...

Excerpt: ...); Pickwick Stages System v. Superior Court in and for Los Angeles County (1934) 138 Cal.App. 448, 449; 2 Witkin, California Procedure: Jurisdiction §914 (5th Ed. 2008) (“The timely filing of a motion for change in proper form on the ground of wrong court suspends the court's jurisdiction to act. While the motion is pending, the court's power is limited to hearing and determining the motion, and it cannot take other judicial action in ...

Excerpt: ...ult, the motion to compel BARAJAS' further responses to the Form Interrogatories cannot be granted, since he is dead and unable to provide any further information. However, there is the issue regarding his having served copies of the responses & verifications instead of the originals. CCP §2030.260(a) requires the responding party to serve the original Page 2 of 8 responses on the propounding party. Attorney Habibi/counsel for opposing party pre...

Excerpt: ...and give notice pursuant to Code of Civil Procedure sesction 1019.5, forthwith. The legal theory supporting the complaint is that by electing to pursue a money judgment against the Kauras and Valley & Mountain in the underlying action, Stabilis (including through its purported alter ego Indio Funding) has waived its security interest in the property and that as a result no title could be conveyed at any foreclosure held by either Stabilis or Indi...

Excerpt: ...purposes of probability of prevailing). The moving party bears the initial burden of showing that the action falls within the class of suits subject to the special motion to strike. (Wilcox v. Superior Court (1994) 17 Cal.App.4th 809, 819.) A defendant is required to make a prima facie showing that plaintiff's suit arises from any act of defendant in furtherance of his right to petition or his right of free speech under the federal or state const...

Excerpt: .... The complaint is for malicious prosecution arising out a lawsuit filed against Plaintiff in the case of Sun Salt Sand Inc. v. Tony Cueves, PSC1503692. The prior lawsuit was terminated in Plaintiff's favor on the granting of his motion for summary judgment as to all six causes of action brought by Defendant Sun Salt Sand, Inc. against him. The owners of Sun Salt Sand, Inc. are Defendants Faruk and Salima Nurani. Kalab Honey and the Law Offices o...

Excerpt: .... The motion appears to be plaintiff's opposition to the motion for judgment on the pleadings. Even if consideration could be made of the motion, it does not contain a request for reconsideration of the ruling of December 8, 2017 under CCP 1008 nor does it seek a set a set aside of the ruling under CCP 473. ...

Excerpt: ....” (Vournas v. Fidelity National Title Insurance (1999) 73 Cal. App. 4th 668, 677.) “The scope and nature of the trustee's duties are exclusively defined by the deed of trust and the governing statutes. No other common law duties exist.” (Kachlon v. Markowitz (2008) 168 Cal. App. 4th 316, 335.) The trustee acts at the direction of the original beneficiary or its assignee or that entity's agent. (Yvanova v. New Century Mortgage Corp....

Excerpt: ...ivil Procedure section 1019.5, forthwith. Defendant Duke Partners, LLC filed an Answer to the Second Amended Complaint (“SAC”) setting forth 12 affirmative defenses (“a/ds”). The demurrer is based upon the grounds each a/d fails to state a defense and is uncertain. For the following reasons, the demurrer is overruled as to the 1 st and 5th affirmative defenses; sustained with leave thirty (30) days to amend as to the 2nd through 4th affir...

Excerpt: ...s to orders, findings of action and judgments. (Ramsden v. Western Union (1977) 71 CA3d 873, 879. 2 nd Cause of Action for Breach of Lease: To state a cause of action for breach of contract, a party must establish: (1) the existence of a contract; (2) the party's performance or excuse of nonperformance; (3) the opposing party's breach; and (4) resulting damages. (Oasis West Realty v. Goldman (2011) 51 Cal. 4th 811, 822.) A contract will be enforc...

Excerpt: ....) Fourth Cause of Action (Declaratory Relief): A claim for declaratory relief requires a present controversy between the parties. None of the allegations in the First Amended Complaint challenge the validity of the Deed of Trust in favor of CommerceWest or state a basis for avoiding the Deed of Trust. Additionally, plaintiff Janaco cites no agreement or basis for the Court to substitute Janaco in place of defendant ZXCR as the obligor on the loa...

Excerpt: ...pts to obtain preliminary approval. It appears the time spent preparing client for deposition may be excessive. The Court cannot determine how much time was spent for that activity because it is lumped in with time in connection with the mediation process. The Court requires further information on this activity. Additionally, counsel has not adequately explained why a 1.9 multiplier is reasonable. The Court needs further, more detailed informatio...

Excerpt: ...er Responses are GRANTED. Defendant Alfa Business filed timely Motions to Compel Further Responses. Hence, the burden was on Plaintiffs to justify the objections they asserted to the subject Form Interrogatories, Special Interrogatories, Requests for Admission, and Requests for Production and/or to justify their failure fully to respond to the discovery. (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220 ‐ 221.) Plaintiffs did not satisfy that...

Excerpt: ... 26, 2018. Defendants are ordered to meet and confer with Plaintiffs for the purpose of determining whether an agreement can be reached that would resolve the objections raised in the motion. As part of the meet and confer process, Defendants shall identify the specific cause of action that they believe is subject to the motion and identify with legal support the basis of the deficiencies. Plaintiffs shall provide legal support for their position...

Excerpt: ... of the “recovery by the average class member” if the settlement is approved, as required by Section E.1.c, or the estimated high and low range, in the event that recovery varies, which it does. Similarly, the notice to class members provides no such information. (E.19) There is no statement from plaintiffs' attorney in compliance with section E.1.d. There is a declaration from defense counsel but it fails to state that counsel made a “reas...

Excerpt: ......

Excerpt: ...the owners and property managers of the mobile home park where plaintiff resides, from enforcing liens based upon fines levied against Plaintiff for alleged construction on his space in violation of park rules and city ordinances. Essentially, Plaintiff claimed that he had a medical need to enclose his car port and that the park's actions constituted illegal disability discrimination/harassment. On 02/14/2013, Plaintiff filed his First Amended Co...

Excerpt: ...hat Mr. Perry has requested that the invoice be kept confidential. However, no evidence has been provided by Mr. Perry or the settlement administrator. There is no evidence supporting the assertion that this is proprietary information. Additionally, this information has already been made public. In connection with the motion for preliminary approval, a summary of costs was provided (this document was attached to Alan Vasquez's declaration). It in...

Excerpt: ...te he signed the May 2017 arbitration agreement or that an arbitration agreement exists between the parties. Plaintiff argues that the agreement is unenforceable. Both parties agree that the FAA applies to this case. The Federal Arbitration Act (FAA) (9 U.S.C. §§1 et seq.) generally governs arbitration in written contracts involving interstate commerce and authorizes enforcement of arbitration clauses unless grounds exist in law or equity for t...

Excerpt: ...nd in Flatley v. Mauro (2006) 39 Cal.4th 299 and its progeny. These cases have not required the exchange of money for the COA of Extortion. IIED: The extortion facts presented are sufficient to support this cause of action as well. Litigation Privilege: This is not applicable when the communication is not made in good faith. Here, Defendants threatened to report Plaintiff to the IRS and seek administrative and/or criminal penalties unless he succ...

Excerpt: ...fendants are named on each cause of action. Each cause of action (or affirmative defense) should be separately stated, must be separately numbered, and must identify the parties asserting the claim and against whom it is asserted. CRC, rule 2.112. Thus, each separately stated cause of action should state: — its number (e.g., “FIRST CAUSE OF ACTION”); — the party asserting it if the complaint is filed on behalf of more than one plaintiff (...

Excerpt: ...oration. If true, how can that entity have a current address, as represented in the motion? And why should the Court believe that a dissolved corporation has an account manager, as claimed in the proof of service? The declaration and the proposed order both state that the case is stayed. That is true as to the prosecution of the case against Skypatrol, LLC, in light of the bankruptcy petition filed by Skypatrol in December of 2017. What is the ba...

Excerpt: ...guments relied on, and a discussion of the statutes, cases and textbooks cited in support of the position advanced.” ([CRC 3.1113(b); see Quantum Cooking Concepts, Inc. v. LV Assocs., Inc. (2011) 197 Cal.App.4th 927, 934—trial court not required to “comb the record and the law for factual and legal support that a party has failed to identify or provide”) ...

Excerpt: ... Declaration. There is no indication that District Attorney Hestrin possesses personal knowledge related to any events or issues raised in the Complaint. Any information regarding the criminal investigation which is the subject of the Motion to Quash, including the interview by Detective David Smith of Defendant Rosie Quintana on or about December 11, 2016, is protected and beyond the scope of discovery. (Cal. Code Civ. Pro. § 1987.1(a); 2017.01...

Excerpt: ...tion 425.16(e)(1)(2)(4) because the Complaint concerns an underlying action between the parties, Hudack v. Siggard, et al., Riverside Superior Court Case No. RIC 450529. Plaintiff fails to meet his burden on the second prong of the analysis. Plaintiff presents no admissible evidence or argument that he has a reasonable probability of prevailing on his contention that the Judgment in Hudack v. Siggard, et al., is void despite the finality of the j...

Excerpt: ...473, subdivision (b) [6 months], subdivision (d) (2 years), or section 473.5 [2 years]. ...

Excerpt: ..., Salima Nurani, Kalab Honey and the Law Offices of Kalab Honey, PC. The complaint is for malicious prosecution arising out a lawsuit filed against Plaintiff in the case of Sun Salt Sand Inc. v. Tony Cueves, PSC1503692. The prior lawsuit was terminated in Plaintiff's favor on the granting of his motion for summary judgment as to all six causes of action brought by Defendant Sun Salt Sand, Inc. against him. The owners of Sun Salt Sand, Inc. are De...

Excerpt: ...Cross‐Defendant Stanton Place 2014, LLC is to prepare a proposed order and give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Plaintiffs Goodell and Self Reliance, Inc. dismissed all causes of action. The CrossComplaint of Frederick Brillman against Goodell and Self Reliance, Inc. was also dismissed. Remaining are the Cross‐Complaint of Stanton Place 2014, LLC, First Amended Cross‐ Complaint of Luis Martin, Jr. and t...

Excerpt: ...the potential environmental impacts. In light of the new petitions that have been filed challenging the new FEIR, there is no reason for this Court is continue to retain jurisdiction. To the extent respondent and real party wish to assert that certain challenges made in the new petitions are barred by res judicata, they will have the right to make those claims in those cases. ...

Excerpt: ...d be awarded anything on their claims. Defendants now move to have the Award confirmed and for the entry of final judgment in this matter. Page 2 of 9 Plaintiff asserts that the award should not be confirmed as it relates to one of the four findings made by the Arbitrator for the following reasons:  Arbitrator failed to fully review Plaintiff's brief and failed to understand some of the relevant issues, and that he failed to address any of the...

Excerpt: ...l facilitate the presentation of all claims and defenses in the present action between the parties and will re‐open discovery in the event it is appropriate to do so. ...

Excerpt: ...e entered shortly. Analysis: On 1‐4‐18, the Court continued the hearing on the motion to allow the parties the opportunity to address a variety of questions and concerns posed by the Court in its tentative ruling. The supplemental documents submitted address some but not all of those concerns. To pick just some of the examples of concerns that are not resolved by the supplemental documents: 1. The Court informed the parties that it would not ...

Excerpt: ...g his death in April 2017, his daughter, Patricia Yvonne Playan Leonel de Cervantes, filed a declaration stating that she was the proper person to maintain this action and substituted in as plaintiff because she was both the successor trustee to Marion's trust and the executor of his will. The Court sustained with leave to amend a demurrer to the Third Amended Complaint because there were no facts alleged that showed that Cervantes, who was named...

Excerpt: ...ee's deed upon sale, (3) wrongful foreclosure, (4) quiet title, (5) slander of title, and (6) unfair competition is that Defendants' (“Ds' ”) foreclosure was based upon the alleged breach of a loan agreement that Plaintiff did not enter into. The demurrer is based upon the grounds that each cause of action (“c/a”) fails to state facts sufficient to constitute a cause of action. For the following reasons, the demurrer is sustained with lea...