Excerpt: ...e. I. Evidentiary objections. a. Plaintiffs' evidentiary objections. i. As to Long Declaration: Plaintiff's objections 1‐16, 18‐20, 22‐28 are OVERRULED.. Plaintiff's objections 17, 21 are SUSTAINED. ii. As to Yorke Declaration Plaintiff's objections 1‐6 are OVERRULED. b. Cardenas' evidentiary objections. i. As to McLaughlin's testimony. Cardenas' objections 1‐8, 12, 14, 17‐27, 29 are OVERRULED.. Cardenas' objections 9, 10, 11, 13, 15,...

Excerpt: ...§436.) Accordingly, Defendant's motion is not untimely. In ruling on a motion to strike, the allegations in the complaint are considered in context and presumed to be true. Clauson v. Sup. Ct. (Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255. The same liberal policy regarding amendment of pleadings applies as on sustaining demurrers. Therefore, as long as the defect is correctible, an amended pleading will usually be allowed. C.C.P. §576...

Excerpt: ... a motion to strike “the court treats as true the material facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged.” (Washington Internat. Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981, 984 [footnote 2].) A motion to strike is the proper vehicle to attack a claim for punitive damages. (C.C.P. §§435‐436; Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4t...

Excerpt: ...g the contempt….” (Code Civ. Proc., §1211(a).) If the judge is satisfied with the sufficiency of the affidavit, the judge then must sign an order to show cause re contempt that is directed to the accused person, in which the date and time for a hearing are specified. (In re M.R. (2013) 220 Cal.App.4th 49, 58.) In order to give the court jurisdiction to punish for indirect contempt committed outside presence of court the contemnor must be ser...

Excerpt: ...q).) Both parties filed evidentiary objections. Both parties submitted evidentiary objections, of which the following are deemed relevant to ruling on this motion. Plaintiffs' objections to Video: No. 1: OVERRULE Defendants' objections to Declaration of John O'Connor: No. 1: SUSTAIN (Thompson v. Sacramento City Unified School District (2003) 107 Cal.App.4th 1352, 1373—"an expert's speculative and conjectural conclusion that different measures m...

Excerpt: ...4 Cal.App.4th 612, 616 (1993).) First Cause of Action The demurrer is sustained. No leave to amend. Disgorgement of profits is not an available remedy under the UCL and Plaintiff has not otherwise established standing. Although Plaintiff in the present case alleges that it seeks restitution under its first cause of action for violation of the UCL [SAC, ¶ 22], it is clear that it seeks damages – disgorgement of profits – which is not availabl...

Excerpt: ...long with a Civil Code 1542 waiver. The court has previously noted that the only facts that can be used in the instant lawsuit are those occurring after the settlement, from May 22, 2018 to the present. In Plaintiff's Separate Statement, he argues that the “facts prior to the May 21, 2018 Settlement Agreement are essentially [sic] and cannot be barred from the scope of this case.” Plaintiff's Response to Undisputed Material Facts No. 1. Howev...

Excerpt: ... purely for their own benefit. The contents of the encroachment permit, which was signed on Orr Builder's behalf, sets forth work that Orr agreed to do on City property on behalf of City as a condition of issuing the permit. Pursuant to the terms of the permit, signed by Orr, they agreed to comply with all applicable City ordinances, which included City of Cathedral City Municipal Code section 14.16.110, which obligated Orr to provide liability i...

Excerpt: ...field, retired Judge of the Los Angeles Superior Court under assignment by the Chief Justice. Plaintiff has brought three discovery motions: (1) Motion to Compel Further Responses to Requests for Production (RFP) of Documents; (2) Motion to Compel Further Responses to Special Interrogatories (SI); and (3) Motion to Compel Further Responses to Requests for Admission (RFA). The Court has read and considered all written submissions in connection wit...

Excerpt: ... to the third amended complaint (TAC) and the motion to strike [and has considered the oral arguments of counsel]. The TAC alleges causes of action for (1) dissolution, (2) accounting, (3) breach of fiduciary duty and constructive fraud, (4) conversion, and (5) unfair business practices. The matter arises out of the operation and later distress sale of plaintiff A#1 Services Heating and Air Conditioning, Inc.'s (A#1) assets and goodwill to Grange...

Excerpt: ...of Civil Procedure (CCP) section 427c(t), pertaining to the defendant's compliance with Labor Code (LC) section 226(a)(8) which provides that “[a]n employer…shall furnish to his or her employee…an accurate itemized statement in writing showing…(8) the name and address of the legal entity that is the employer…” The parties agree that a company can list its registered fictitious name and still comply with LC section 226(a)(8). However, ...

Excerpt: ...ve satisfactorily and sufficiently executed the agreement. The court also notes that in a prior case against different parties arising out of the same set of facts and the same arbitration agreement, the matter was ordered to arbitration, but the court independently analyzes this case with the parties joined in this case and the asserted arbitration agreement as it relates to these parties. In this case the plaintiff submits assertions, but has f...

Excerpt: ... II, III and IV. Factual / Procedural Context On September 2, 2020, the court entered an order in the Lockhart action (RIC 1507504) certifying a class of “all non‐exempt or hourly employees who worked at any of Columbia's retail facilities in the State of California” during the Class Period (defined as “June 23, 2011 up to the deadline by which class members may opt‐out after being provided notice of certification”). (See Order Granti...

Excerpt: ...ited Parcel Service driver who had just delivered a package at Two Springs. Plaintiff alleges the following: After delivering the package, Plaintiff returned to his truck, took out his phone, and looked up the location of his next delivery before departing. White unexpectedly leaned into the truck and aggressively told Plaintiff that Plaintiff needed to leave immediately. Plaintiff responded that White should "Chill out," and told White that Plai...

Excerpt: ...t which added the following defendants: Tony Lanza; Brett Gregor; Karen Gregor; Margaret Schramm; Susan Screen; Leslie Rutter; Carolyn Rutter; Drew Couto; Beth Ballerini; and Judith Myers. The HOA alleges that Defendants violated the CC&Rs and the La Quinta Fairways Rules and Regulations (together, the “Governing Documents”) by advertising their individual properties as short‐term rentals and submitting leases to the HOA for approval that, ...

Excerpt: ...ore specifically, Aliza (Lisa) Wolf who had been married to Shalom and Zipora's now deceased son, Asher, claims that after Shalom and Zipora created a Trust as part of their estate plan, but did not provide for Sarahi and Leah in the Trust, Shalom and Zipora nevertheless orally promised to provide for Sarahi and Leah. Aliza also claims that in the three‐month period between Shalom's death in July 2019 and Zipora's death in July 2019, their othe...

Excerpt: ...f the hearing on this motion. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This is one of three motions which all arise out of Defendant/Cross Complainant 14080 Palm, LLC's failure to timely serve verifications with its discovery responses. To be sure, the failure to do so for extended period of time, as happened here, is improper. However, equally objectionable are certain positions advocated by the ...

Excerpt: ...n administrative hearing regarding alleged violations of the statutes and regulations governing the operation of traffic schools. Petitioners then moved to set aside that default on the grounds that they did not receive notice of the administrative action. That motion was denied because the hearing officer found that Petitioners did Page 3 of 3 receive notice. The order revoking Petitioner's license has now become final. This petition challenges ...

Excerpt: ...complaint for breach of contract in the U.S. District Court, Central District of California, Case No. 17‐cv‐00433 against Hayday, Lyndon Ichida and the Ichida Family Trust. In that case, Hayday successfully compelled arbitration and the federal action was dismissed. Hayday now has claims against FeeDx Holding, Inc., HayDx, Inc. Thomas Tsai, and FFNT pending in AAA Case No. 01‐17‐002‐8035. The claims and cross‐ claims in the arbitratio...

Excerpt: ...arcia owns certain real Page 2 of 6 property in Coachella. City of Coachella filed criminal charges against him alleging municipal code violations related to the property. Garcia pled guilty to 9 counts based on a stipulated sentence including a $9,000 fine ($8,100 stayed pending cure of the defects at the property within 90 days). Garcia cured the defects within 90 days and paid his $900 fine. City attorney did not tell him that in addition to t...

Excerpt: ...Court has statutory power to grant relief from such waiver in accordance with the procedures discussed below. (Code Civ. Proc. § 2030.290(a).) The moving party's declarations must establish that the party's failure to serve a timely response resulted from “mistake, inadvertence or excusable neglect.” (Code Civ. Proc. § 2030.290(a)(2).) There is no dispute that Plaintiffs' initial failure to timely respond to discovery was due to the dis...

Excerpt: ...sition was filed. However, "[s]ome courts treat a party's failure to file opposition papers as an admission that the motion is meritorious, and therefore refuse to hear oral argument from such party. The purpose is to prevent introduction of legal theories without notice to opposing counsel and the court." (Weil & Brown, par. 9:105.10 citing Sexton v. Sup. Ct. (1997) 58 Cal.App.4th 1403, 1410.) Sexton referenced Los Angeles Superior C...

Excerpt: ...This interpleader action is based upon the following allegations: “6. Lents purchased a limited partnership interest in Lake Highlands Thrive, Ltd. ("LHTL") by executing a limited partnership agreement, subscription agreement and all documents necessary to become a limited partner of LHTL. At the time of Lents' purchase, the Plaintiffs were wholly‐owned by LHTL. 7. Lents purchased her limited partnership interest in LHTL with a ch...

Excerpt: ...�Holdings”) CrossComplaint. The Court denies summary judgment to International on Cross‐ Page 3 of 24 Complainants Amy Brinkman and IJLSF, LLC's Cross‐Complaint. The Court grants summary adjudication to International on Cross‐Complainants Amy Brinkman and IJLSF, LLC's Cross‐Complaint as to the 2nd and 3rd causes of action and as to the 1st cause of action allegations of breach of contract for: failure to approve Holding's transfer and f...

Excerpt: ...ttorney only because the jury had returned a verdict on the prescriptive easement claims of LaPlante, negating a trial on their claims regarding the same disputed property. The judgment reflected both the jury verdict on the cross‐complaint and a dismissal by plaintiffs of the first amended complaint. Once the judgment was vacated by the court's granting of the new trial motion, the court records should have reflected that the dismissal was als...