Excerpt: ...3, 46‐59, 62‐76, 78‐81, 87, 88, 92‐98, 100‐103, 105‐131, 133‐149, 151‐156, and SUSTAINED as to nos. 3, 6, 12, 14, 15, 23, 25, 26, 44, 45, 60, 61, 77, 82‐86, 89, 90, 99, 104, 132, 150, 157. The motion for summary adjudication is ruled upon as follows: 1st cause of action: Denied. Plaintiff produced sufficient evidence showing triable issues of fact as to whether Defendant's stated reason for termination was pre‐textual. 2nd cau...

Excerpt: ...he class definition included in Paragraph 2 of the Proposed Order should include the actual date of preliminary approval – that is, replace “Preliminary Approval of this Settlement” with “September 12, 2019.”  Delete Paragraph 7 from the Proposed Order (and the exhibits) and replace with: The Class Notice provided to Class Members fully satisfies the requirements of due process, conforms to the requirements of Code of Civil Procedure...

Excerpt: ... “to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station.…” (C.C.P. § 1085(a).) To obtain such a writ, petitioner must show: “(1) A clear, present and usually ministerial duty on the part of the respondent; and (2) a clear, present and beneficial right in the petitioner to the performance of that duty.” (Santa Clara County Counsel v. Woodside (1994) 7 Cal.4th 525, 539�...

Excerpt: ..., thus the “eve of trial” concerns have been eliminated. Plaintiff argues that Defendants unreasonably delayed requesting an amendment to the cross‐action because they had evidence that would support the proposed additional cause of action for over a year but, did not seek to amend until this motion was filed on 9‐20‐19. Plaintiff points to the deficiencies in the declaration filed with the moving documents. Cal. Rules of Court, Rule 3....

Excerpt: ...he sidewalk and stood only a few inches above the concrete; that the pole that had been properly attached to the sleeve had apparently been impacted and broken off by unknown means at least a year proper to the incident, and then later removed without CITY's knowledge; that no reports, claims, notifications, or complaints had been received by CITY prior to plaintiff's fall on 12‐21‐17; and that the condition and its alleged dangerous characte...

Excerpt: ...he present discovery request. CRC rule 3.1345(c) also requires as statement of factual and legal reasons for compelling further responses. Here, Plaintiff has failed to set forth each request and response to the special interrogatories. Further, Plaintiff has failed to set forth the legal or factual reason for compelling further responses, instead claiming he does not have to make any showing at all. Failure to comply with CRC rule 3.1345 regardi...

Excerpt: ...d the court lacks jurisdiction over them. This action is stayed pending the outcome of the arbitration. Page 5 of 6 Request for Judicial Notice is denied. Judicial notice of court records is proper under Evid. Code §452(d). However, the matter to be judicially noticed must be relevant to the issues in the case. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063.) A ruling by another trial court in an unrelated case is not binding ...

Excerpt: ...cial notice. Court declines to rule on Decline to rule on CDTFA's evidentiary objections as immaterial in accordance with CCP § 437(q). A motion for summary adjudication may only be granted, “if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (CCP § 437c(f). See also Linden Partners v. Wilshire Linden Associates (1998) 62 Cal.App.4th 508, 522; Weil & Brown, Cal. Practice Guide:...

Excerpt: ...subd. (a)(2) [“If the recovery of money or damages is demanded, the amount demanded shall be stated.”; Reichert v. General Insurance Co. (1968) 68 Cal.2d 822, 830.) Plaintiff fails to cite to any authority, which excuses compliance with the statutory requirement or finds that alleging in the prayer an entitlement to “general damages according to proof” satisfies the requirement. The court rejects defendants' challenge to the complaint bas...

Excerpt: ...n determining the reasonableness of a party's attorney's fees. These include "the nature of the litigation, the difficulty of the litigation, the attention given to the issues, the success of the attorney's efforts, and time consumed. [Citation omitted.]" (PLCM Group, Inc. v. Drexler (1999) 72 Cal.App.4th 693, 708.) In exercising its discretion, the Court may consider all of the facts and the entire procedural history of the case in setting the a...

Excerpt: ...orp. (2007) 148 Cal. App. 4th 97, 113.) The Court only takes judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgment. (Ramsden v. Western Union (1977) 71 Cal. App. 3d 873, 879.) Judicial notice is taken only as to the existence of the remaining items. Plaintiffs have not adequately explained the delay in seeking to add the Partition and Accounting causes of action. They con...

Excerpt: ... CCP §2031.240(c)(1) and Wellpoint Health Networks, Inc. vs. Sup. Ct. (McCombs) (1997) 59 Cal. App. 4th 110, 130). Sanctions payable BY American Automobile Insurance Company (AMERICAN) to Defendant First Specialty Insurance Corporation (FIRST) in reduced, reasonable amount of $3,480.00. SET ONE: No. 1: Granted. Movants seeks the 14 policies which AMERICAN identifies in §7 of its complaint. It agreed to produce all such policies (subject to the ...

Excerpt: ...n in issue are for breach of oral joint venture agreement, breach of good faith and fair dealing and breach of fiduciary duty, thus not collections causes of action. Although official agency acts are ordinarily judicially noticeable under Evidence Code § 452(c), this particular license is irrelevant for purposes of Business and Professions Code § 7592.5, which requires an “alarm company operator” to be licensed. As to the First Cause of Act...

Excerpt: ... that the claimant's possession must be adverse to the record owner, unaccompanied by any recognition, express or inferable from the circumstances of the right in the latter.” (Gilardi v. Hallam (1981) 30 Cal.3d 317, 322‐23 [internal quotation marks omitted].) (Accord, Vieira Enterprises, Inc. v. McCoy (2017) 8 Cal.App.5th 1057, 1077.) In other words, hostility requires “the claimant's use of the property was made without the explicit or im...

Excerpt: ...r Court (2006) 141 Cal. App. 4th. 1452, 1463.) An applicant for a preliminary injunction must show a threat of immediate and irreparable harm due to the inadequacy of legal remedies. (Triple A Machine Shop Inc. v. State of California (1989) 213 Cal. App. 3d 131.) “The trial court's determination must be guided by a mix of the potential merit and interim harm factors; the greater the plaintiff's showing on one, the less must be shown on the othe...

Excerpt: ...not lie to a portion of a cause of action. Thus, where there is a substantive defect affecting only a portion of a claim, the proper challenge is by motion to strike.” (Weil & Brown, CPG: Civ. Proc. Before Trial (TRG 2019) §7:188.1 citing, PH II, Inc. v. Sup. Ct. (Ibershof) (1995) 33 Cal.App.4h 1680, 1682‐1683 [legal malpractice claim based on several incidents of alleged malpractice, one of which was not actionable as a matter of law.”]) ...

Excerpt: ...��13. Defendants contend the foregoing amount had already been paid to them as of 4‐21‐17, the date of the settlement and that they are not included in the settlement terms. The dispute here is whether the settlement provision entitles Plaintiff to monies that Defendants had collected as of the date of the settlement. Plaintiff is correct that its motion is not untimely. There is no dispute the court retained jurisdiction to enforce the terms...

Excerpt: ...quest is unopposed. It is granted pursuant to Evidence Code Section 452(a), (c), and (d). Under Code of Civil Procedure section 425.16(c)(1), “if the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” “Frivolous” in this context means that any reasonable att...

Excerpt: ...anctions in the reasonable amount of $1,210 are awarded in favor of Ralphs and against Costco and its counsel of record. To establish “good cause,” for the requested discovery, the burden is on the moving party to show both relevance to the subject matter (e.g., how the information in the documents would tend to prove or disprove some issue in the case) and specific facts justifying discovery (e.g., why such information is necessary for trial...

Excerpt: ...sion of the arbitration agreement. The court finds, however, there is a possibility of conflicting rulings, since plaintiffs allege that another tenant collected the fraudulent charges for electricity on behalf of the moving parties. (See Abaya v. Spanish Ranch I, L.P. (2010) 189 Cal.App.4th 1490, 1493 [trial court had discretion to deny arbitration when some mobile home Page 3 of 4 park residents had arbitration agreements and others did not, si...

Excerpt: ...nty. Plaintiff alleges he was wrongfully apprehended and arrested at his residence in Moreno Valley and then wrongfully detained at a jail in Santa Ana. (Complaint, ¶¶ 5‐9.) The facts of this case are analogous to the facts County of Orange v. Superior Court (Barrie) (1999) 73 Cal.App.4th 1189, 1191 (“Barrie”). In Barrie, the plaintiff was arrested in San Francisco and later imprisoned in Orange County on an invalid arrest warrant issued ...

Excerpt: ...hat is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.” On 9‐26‐19, hearing on the matter was continued with directions for Defendant to comply with this requirement. Defendant has not complied with this requirement and filed the required declaration. The motion relies in great part on extrinsi...

Excerpt: ...e are allegations regarding alcohol in this cause of action, these allegations are part of Plaintiffs' argument that Elks Lodge created a dangerous environment and failed to provide adequate security. Plaintiffs specifically allege that “[b]ut for the negligence of Defendants, and each of them, including the lack of adequate supervision, lack of security, and lack of reasonable safety measures in place, Abraham David Bonilla would have been pre...

Excerpt: ...on for nuisance (citing San Diego Gas & Electric Co. (1996) 13 Cal. 4th 893, 936‐937). San Diego held that all intangible intrusions (i.e., noise, odor or light alone) are dealt with as nuisance cases, not trespass. “Recovery allowed in prior trespass actions predicated upon noise, gas emissions, or Page 2 of 3 vibration intrusions has, in each instance, been predicated upon the deposit of particulate matter upon the plaintiffs' property or o...

Excerpt: ...uction of witness statements regarding the accident at issue in this lawsuit. Since they pertain to evidence directly relevant to this lawsuit and regarding statements made regarding the accident by witnesses, good cause exists for their production. Defendants objected to these requests on numerous grounds. The only grounds addressed by Defendants in their opposition is attorney‐client privilege and attorney work product. Defendants cite to cas...