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: ... This complaint for (1) trade libel, (2) tortious interference with business relations, (3) trespass to chattels and (4) conspiracy is based upon allegations that Defendant Melissa Swauger who is involved in a contentious dissolution with Jonathan Swauger, principal of Plaintiff JLS Development Group, Inc., and her parents, Defendants Michael and Cathleen Marmon, have taken actions with the express purpose of ruining JLS and attempting to force J...

Excerpt: ...5, forthwith. There is no provision in the CCP or Rules of Court which provides that a motion is deemed to be meritorious because no opposition 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...

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: ...FPs (Set 1) as to RFP Nos. 28, 29, 30, 31, 32, 34, 40, 41, 42 and 43. The Court denies the motion to produce the Person Most Knowledgeable (“PMK”) for deposition. The Court grants the motion to compel responses to PMK RFP Nos. 6, 7, 8, 14, 15, 16, 17, 18, 19 and 20. In addition, the Court grants the request for sanctions in the amount of $1,150.00 related to the motion to compel production of RFPs related to PMK. Defendant SB Hospitality Palm...

Excerpt: ... was timely served as Proof of Service (“PoS”) says that it was “caused to be delivered by courier,” but there is no PoS signed by the courier reflecting when, or if, it was served. Defendant RMRC Owners' Association, Inc. moves the court for an award of attorney's fees and costs as the prevailing party of an anti‐SLAPP motion. RMRC seeks $46,337.73 for attorney's fees plus $916 in costs. Plaintiff John Glatz (“Glatz”) filed his com...

Excerpt: ...son and Palm Drive Investments, LLC's Complaint on the grounds that Plaintiffs lack the capacity to sue; there is a defect of parties; and that the complaint fails to state a cause of action and/or is uncertain and cannot be maintained as a matter of law. Plaintiffs Adrian Pinson (“Pinson”) and Palm Drive Investments, LLC (“Palm Drive”) filed their complaint against Defendant Wilson Johnson Commercial Real Estate, Inc. (“Wilson”) alle...

Excerpt: ...de of Civil Procedure section 1019.5, forthwith. There is no provision in the Code of Civil Procedure or Rules of Court which provides that a motion is deemed to be meritorious because no opposition 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 th...

Excerpt: ...o state sufficient facts to state a cause of action and/or is uncertain. On April 6, 2018 this Court heard the demurrer to the Fourth Amended Complaint and sustained with leave to amend as to the 1st, 3rd and 4th causes of action for 1) Breach of Contract, 3) Fraud, and 4) Negligent Misrepresentation. Thereafter, VM Residential, LLC filed a Fifth Amended Complaint (“FAC”) alleging a single cause of action for Breach of Contract. The single ca...

Excerpt: ...per separate statement of undisputed facts with references to supporting evidence in support of her argument that there remain triable issues of fact as to the 7th – 10th causes of action. No additional briefing will be accepted from Plaintiff. The separate statement is to be filed and served no later than 08/15/18. Defendant will be afforded a meaningful opportunity to respond to the separate statement. The Defendants' response is to be filed ...

Excerpt: ...his complaint. Plaintiff states he seeks leave to add a new cause of action to specifically address Defendant's turning off his electricity in order to get him to move. The new cause of action is not based on new facts, but rather based on a different statute—Civil Code section 789.3. Civil Code section 789.3(a) provides that “[a] landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, how...

Excerpt: ...h. Defendants Torres Martinez Tribal TANF, Thomas Tortez, Desiree Franco and Mary Resvaloso move the court to quash the service of summons on the grounds of lack of subject matter jurisdiction on the basis of sovereign immunity and exclusive tribal jurisdiction. Plaintiffs James Cisneros and Karen Lake's Complaint alleges 7 causes of action for wrongful discharge and employment discrimination allegations as well as IIED and Negligence. The Compla...

Excerpt: ...Balis moves the Court to enforce the settlement of the parties entered on the record before this Court, pursuant to Code of Civil Procedure section 664.6. In addition, Balis seeks $10,590 in attorney's fees and costs pursuant to Code of Civil Procedure sections 128(a) and 128.5. Defendant Gregg Balis (“Balis”) asserts that the parties participated in court assisted mediation and reached a settlement agreement of the entirety of the case, whic...

Excerpt: ... his face and one hand and was taken to Eisenhower where it was discovered that had dementia. Based upon his injuries and dementia it was decided that upon he discharge he should transferred to a rehabilitation facility; that he was transferred to Defendant CNRC's facility they were advised that McGihon needed a 1 on 1 sitter provided 24/7 to avoid risk of falling. Two days after being admitted McGihon wandered out of his room and fell near the n...

Excerpt: ...meets the following requirements: (1) a “claim for money ... based upon a contract, express or implied”; (2) of a “fixed or readily ascertainable amount not less than $500”; (3) that is either unsecured or secured by personal property; and (4) that is a commercial claim. (Code Civ. Proc. § 483.010; Goldstein v. Barak Const. (2008) 164 Cal.App.4th 845, 852.) To obtain a right to attach order, the plaintiff has the burden of proving (1) th...

Excerpt: ...rious because no opposition 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 L...

Excerpt: ...of Court which provides that a motion is deemed to be meritorious because no opposition 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...

Excerpt: ...n is to give notice pursuant to CCP 1019.5, forthwith. Defendant Robert Bryan moves the court for an order compelling plaintiff to attend a deposition and for sanctions of $728.30. A review of the motion supports granting the unopposed motion. There is no provision in the CCP or Rules of Court which provides that a motion is deemed to be meritorious because no opposition was filed. However, "[s]ome courts treat a party's failure to file o...

Excerpt: ...e pursuant to CCP 1019.5, forthwith. Page 4 of 6 Defendants Michael and Cathleen Marmon demur to the 1st, 2nd and 4th causes of action in Plaintiff JLS Development Group, Inc.'s Complaint on the grounds they fail to state facts sufficient to constitute a cause of against them and/or are uncertain. Plaintiff JLS Development Group, Inc. alleges as follows: Defendant Melissa Swauger enlisted the help of her parents Defendants Michael and Cathleen Ma...

Excerpt: ...uger enlisted the help of her parents Defendants Michael and Cathleen Marmon involving her contentious dissolution with Jonathan Swauger, principal of JLS Development Group, Inc. Melissa and her parents have taken actions with the express purpose of ruining JLS and attempting to force Jonathan into settling the divorce on terms favorable to Melissa. Michael and Cathleen aided and assisted Melissa in her attempts to harass and discredit JLS by als...

Excerpt: ...ican Contractors Indemnity Company, and Western Surety Company (the “moving parties”) in the amount of $4,140.00, to be paid to counsel for the moving parties within thirty (30) days of the hearing on this motion. The requested further responses to Interrogatories and Requests for Admissions are to be served within thirty (30) days of the hearing on this motion. The request for the appointment of a discovery referee is denied. The Trial Setti...

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...

Excerpt: ...nes' First Amended Complaint (“FAC”) alleges a single negligence cause of action against Defendant Clubcorp Mission Hills Country Club, Inc., dba Mission Hills Country Club arising out of a trip and fall injury she sustained on April 10, 2015, on tennis court number 7, which was allegedly uneven and unsafe. Jones filed her complaint on 11/15/17 after the running of the two‐year statute of limitations for negligence. However, her FAC alleges...

Excerpt: ...erty Mutual Fire Insurance Company arising out of a trip and fall injury she sustained on 4/10/15, on tennis court number 7, which was allegedly uneven and unsafe. Jones filed her complaint on 11/15/17 after the running of the two‐year statute of limitations for negligence. However, her FAC alleges that Clubcorp's insurer Liberty Mutual (to whom Clubcorp directed Jones to contact about her claims) affirmatively misled her into believing that th...

Excerpt: ... of less than Page 3 of 4 14 days is enforceable against homeowners who, like Romano, purchased their property before enactment of the subject provision. Plaintiff is informed and believes, and thereon alleges, that at the time Plaintiff purchased the property, the CC&Rs provided, under section 5.3.18, that ''[t]he owner of each condominium shall have the right to lease or rent his condominium..." As of the filing of this Complaint, t...

Excerpt: ... deemed to be meritorious because no opposition 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. S...

Excerpt: ... medical negligence. Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code Civ. Proc. § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by 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 a...

Excerpt: ...nary injunction may issue: “When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual.” The purpose of a preliminary injunction is to preserve the status quo until a final determination of a cause of a...