Excerpt: ...l.2d 210, 220‐221.) While Defendants argue that Plaintiffs have failed to identify any trade secrets as required by CCP § 2019.210, the document requests at issue request specific categories of documents and Defendants themselves acknowledge and identify the categories of information sought by Plaintiffs. (See Joint Statement pg. 9:5‐17.) Defendants do not dispute the information sought is relevant to the issues raised in the Complaint. Fina...

Excerpt: .... TEA Systems, Corp. (2007) 154 Cal.App.4th 547, 575.) In fact, Plaintiff pleads facts showing Defendants did not timely perform and deliver the website as promised because they “either suffered from a lack of ability or knowledge as to how they were to perform their Services, or were plagued by serious display of incompetence or perhaps extreme negligence,” not because AJH did not intend to deliver the website on the projected completion dat...

Excerpt: ... CEQA action. (See Quantification Settlement Agreement Cases (2011) 201 Cal.App.4th 758, 855; County of Imperial v. Superior Court (2007) 152 Cal.App.4th 13, 32‐34.) If a court determines that a recipient of an approval has not been named as a real party and cannot be joined in the proceeding, it must then determine whether the unnamed party is indispensable by applying the factors in CCP § 389(b). (Quantification Settlement, 201 Cal.App.4th a...

Excerpt: ...arbitration agreement specifically states that the FAA applies. Defendants have presented evidence (and Plaintiff admits in the SAC at ¶ 24 and 32) that he flew from California to Maryland for treatment. (Freeland Dec. ¶ 4.) Plaintiff does not dispute the FAA applies. (Bernhardt v. Polygraphic Co. of America (1956) 350 US 198, 201.) Plaintiff's Wrongful Death Claim: Plaintiff did not execute the admission/arbitration agreement in any capacity, ...

Excerpt: ...ssional Negligence: Plaintiff claims Bloom failed to adequately pursue discovery in his divorce cases. Bloom was permitted to be relieved as counsel on March 21, 2018, several months before Plaintiff agreed to the Stipulated Judgment on August 22, 2018. (RJN, Ex. A.) Therefore, Plaintiff signed the Stipulated Judgment without obtaining additional discovery without advice from Bloom. The allegations concerning discovery are, therefore, not suffici...

Excerpt: ...ntly alleged by the Plaintiffs. However, this can potentially be fixed through another amended pleading. He asserts the new first, second, and third causes of action fail because the pertinent Corporations Code sections do not give rise to a private right of action. However, these causes of action are based on the Corporations Code and other statutory authority. Neugart does not provide any authority that these claims cannot be based on the other...

Excerpt: ...en's Hospital Central California vs. Blue Cross of California (2014) 226 Cal. App. 4th 1260, the court addressed whether §1300.71(a)(3)(B) provided the exclusive standard for determining the reasonable value of the poststabilization services at issue. The court held that it did not, finding that in adopting §1300.71, the Department of Managed Health Care (DMHC) was setting the minimum claims payment and dispute resolution standards to ensure co...

Excerpt: ...11,975) does not match the entry for witness fees on the Cost Memo ($11,642.86). Second, and more importantly, it does not appear that the expert fees were reasonably necessary to the defense of the action—the expert did not testify at trial. With respect to costs for service of process (Item 5) and based upon the exhibit (redacted costs sheet) attached to the opposition memo, it appears that only $1,199.40 was incurred for service of the subpo...

Excerpt: ... with Plaintiff to take any and all steps to prevent an unauthorized use of her identity, credit information and/or personal information to obtain an unwanted loan and purchase of unwanted vehicle. (Compl., ¶38.) She asserts that the parties agreed that "neither party would take any and all steps necessary for Plaintiff to use maximum benefits to prevent misuse and unauthorized use of her identity, credit information and/or personal tax returns ...

Excerpt: ...xpiration of the 60‐day hold. Additionally, Plaintiff's Separate Statement does not comply with Cal. Code Civ. Pro. §437c(b) and Rule 3.1350(d)(3). First, Plaintiff improperly attempts to fill in Defendants' disputes to his facts, which must be done by Defendants. Additionally, the UMFs are not numbered as required, which makes them difficult to reference. The evidence cited does not include exhibit numbers and appears to cross‐reference oth...

Excerpt: ...usive jurisdiction over Plaintiff's state claims raised in its state complaint. (See Fowler v. Ross (1983) 142 Cal.App.3d 472, 476.) Plaintiff is also correct that the rule of concurrent jurisdiction that provides the first action filed has exclusive jurisdiction does not apply where jurisdiction is taken by a state court and a federal court because they are not courts in the same system. (Id.) But, as Plaintiff also acknowledges, a state court h...

Excerpt: ...expert Edward Schneider, M.D. establishes that defendants are entitled to summary judgment as to all claims against them. He establishes that the Paradise Home defendants met the standard of care in the care they provided to Simmon Hasinsky during his residency there, that there was no act or failure to act which caused injury to Mr. Hasinsky or was a substantial factor in causing Mr. Hasinsky's death. He further establishes that there is no evid...

Excerpt: ...ts are taxed as follows: Messenger/Attorney Service: $3,552.63. Defendant provides no evidence that the messenger fees were reasonable or necessary; rather, counsel merely avers that the use of an attorney service is the “customary practice” of his office and that it was necessary “[i]n order to meet court mandated deadlines and to have documents filed on time.” (See Declaration of Ben‐Thomas Hamilton, ¶ 20.) Counsel, however, fails to...

Excerpt: ...gment on the pleadings. (Weil & Brown, Cal. Practice Guides: Civ. Pro. Before Trial (The Rutter Group, 2016) P. 10:52, p. 10‐25.) The rules applicable to demurrers and motions for judgment on the pleadings apply. (American Airlines, Inc. v. County of San Mateo (1996) 12 Cal. 4th 1110, 1118.) Where the motion for summary judgment functions as a judgment on the pleadings to challenge the sufficiency of the allegations and it appears that the oppo...

Excerpt: ... Health & Safety Code § 1430(d). Instead, they argue that Plaintiffs seek more in penalties then they are entitled to. A demurrer is not the procedure to attack an improper remedy. Venice Town Council, Inc. v. City of Los Angeles (1996) 47 Cal.App.4th 1547, 1561‐1562. A general demurrer does not test part of a cause of action. If there are sufficient allegations to entitle plaintiff to relief, other allegations in the cause of action cannot be...

Excerpt: ...ssue of fact.  The court declines to rule on Plaintiff's evidentiary objections—they do not conform to the format requirements of CRC rule 3.1354(b).  Defendants' evidentiary objections are OVERRULED as to nos. 1, 2, 6, 7, 9 and SUSTAINED as to nos. 3, 4, 5, 8, 10, 11. *Plaintiff mistakenly argues that Defendants seek summary judgment on an affirmative defense, i.e., the Privette doctrine, such that they must establish every element of th...

Excerpt: .... After an initial oral meet and confer attempt, either the parties misunderstood each other, or one of the attorneys is untruthful about what was agreed to. This led Plaintiff to insist that a court report transcribe any further meet and confer effort (it is unclear why a written meet and confer could not have been conducted) which Murrieta Development did not agree to. It appears that on December 14, 2018, Murrieta Development's counsel propose...

Excerpt: ...e. GRANT the motion to strike without leave to amend. Plaintiff fails to plead facts supporting malice, oppression or fraud in support of a claim for punitive damages. 1 st Cause of Action (Fraud): Plaintiff alleges that, at the time he was hired, Defendants made representations regarding the terms and conditions of his employment, including that he would be paid 40% commission for all sales made by him and that Defendants would provide all sales...

Excerpt: ...'s request for judicial notice found in the Reply. GRANT plaintiff's request for judicial notice re: Cal‐OSHA Regulations. (However, to the extent plaintiff is offering the statutes to show that the use of the forklift was not commonplace or customary, plaintiff is seeking a factual determination which is improper on demurrer.) 3 rd Strict Liability: Plaintiff sufficiently alleges that defendants created an abnormally dangerous instrumentality ...

Excerpt: ...ure to Exhaust Administrative Remedies/Slander: Plaintiffs have plead that they timely presented a claim to Defendants. Technical defects will not invalidate a claim so long as there has been “substantial compliance” with the claims filing requirement. (Phillips v. Desert Hosp. Dist. (1989) 49 Cal.3d 699, 706.) The test is whether sufficient information is disclosed “to enable a public entity to investigate and evaluate the claim to determi...

Excerpt: ...LAPP statute requires the court to look at the defendant's activities rather than plaintiff's causes of action to determine whether the activity constitutes protected speech or petitioning. While the complaint alleges that Collie and Joanna's conduct made Plaintiff fear that he would lose custody of his children and was done to hurt Plaintiff's reputation to gain leverage in a family law case (Complaint ¶¶ 10 and 11), the complaint does not ass...

Excerpt: ...e property. (Dec.Christian ¶¶8‐9.) Christian conducted an investigation of the property and found a cannabis business was operating there. (Dec.Christian ¶¶9‐11.) Deputy Sheriff and Lead Investigator Raul De La Torre declares that sometime in August of 2018, he conducted an undercover controlled purchase of marijuana from the business operating at the subject location. (Dec.De La Torre ¶14.) Thus, as of sometime in August of 2018, there ...

Excerpt: ... reasonably disputable.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4th 97, 113.)) Violation of Cal. Civ. Code §2923.5: The Homeowners Bill of Rights (“HBOR”) was enacted to ensure that “as part of the nonjudicial foreclosure process, borrowers are considered for, and have a meaningful opportunity to obtain, available loss mitigation options, if any, offered by or through the borrower's mortgage servicer, such a...

Excerpt: ... motion: DENY. Defendant failed to show it is the prevailing party under the Independent Contractor Agreement and failed to show Plaintiff's FEHA claims were unreasonable, frivolous, meritless or vexatious in the context of the entire complaint. D. Defendant Bachelor's motion: DENY. Defendant failed to show Plaintiff's FEHA claims were unreasonable, frivolous, meritless or vexatious to justify an award of attorney fees and costs under Gov. Code �...

Excerpt: ...ravamen of this litigation includes failure to provide meal and rest breaks along with negligent hiring and retention. The defendant is seeking cell phone records relating to the date of March 9, 2016, which are relevant to a date plaintiff left work without clocking out. Plaintiff was terminated on March 11, 2016. Defendant is also seeking cell phone records from the date of May 12, 2013 to March 8, 2016. These records are relevant to issues of ...