Excerpt: ... Witak. Plaintiff John Stauter died during the pendency of this action on December 1, 2021. The complaint asserts the following causes of action: (1) cancellation of instrument, (2) quiet title, (3) slander of title, (4) breach of oral lease, (5) ejectment, and (6) declaratory relief. Witak has filed a cross‐complaint against Plaintiffs. She asserts that the parties agreed that if Witak paid for some of the Plaintiff's moving expenses to the Ph...

Excerpt: ...erved on August 02, 2022. This argument is incorrect. Plaintiff served her Request for Production on June 30, 2022, by email. Defendant served its responses on August 03, 2022. Discovery responses to request for production (“RFP”) are due within 30 days from the date they were served. (Code Civ. Proc., §2031.260 [RFP].) Failing to respond within the time limit waives most objections to the discovery requests, including claims of privilege an...

Excerpt: ...any of the factual allegations asserted by Defendant. A demurrer based on a statute of limitations defense must clearly and affirmatively show that the claim is barred. (Lockley v. Law Office of Cantrell, Green, Kekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 881.) “It is not sufficient that the complaint might be barred.” (Roman v. County of Los Angeles (2000) 85 Cal.App.4th 316, 324.) Legal malpractice suits are governed by a 1 year statut...

Excerpt: ...mely served. Plaintiff contend that the responses were untimely served. Plaintiff contends that the responses should have been served on August 02, 2022. This argument is incorrect. Plaintiff served her RFP on June 30, 2022, by email. Defendant served its responses on August 03, 2022. Discovery responses to request for production (“RFP”) are due within 30 days from the date they were served. (Code Civ. Proc., §2031.260 [RFP].) Failing to res...

Excerpt: ...ontaining the essential terms of the parties' agreement. As one method of pleading the existence of a contract, “[a] written contract may be pleaded either by its terms‐ set out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated therein by reference‐ or by its legal effect.” (Heritage Pacific Financial, LLC v. Monroy (2013) 215 Cal.App.4th 972, 993.) Here, the LOI was for the sale of specific pr...

Excerpt: ...ed Judgment on Jury Verdict filed on August 11, 2022, which includes additional extraneous procedural facts.] DEFENDANT to submit Proposed Amended Judgement that comports with this ruling within 10 days. OSC re: Failure to file Amended Proposed Judgement set for October 17, 2022. The Judgment provides for joint liability against both Defendants in the amount of $918,232.31, plus punitive damages against Specialized Loan Servicing in the amount of...

Excerpt: ...e Plaintiff's agreement to allow testing, Defendant and its experts chose not to conduct any testing and chose only to make a visual inspection and photograph the site. (Ibid.) It does not, therefore, appear that Plaintiff attempts to “sandbag” Defendant by denying Defendant the same opportunity to test. Defendant does not explain why no testing or surveys were conducted during the inspection, or why it could not have conducted the testing be...

Excerpt: ...e Plaintiff's agreement to allow testing, Defendant and its experts chose not to conduct any testing and chose only to make a visual inspection and photograph the site. (Ibid.) It does not, therefore, appear that Plaintiff attempts to “sandbag” Defendant by denying Defendant the same opportunity to test. Defendant does not explain why no testing or surveys were conducted during the inspection, or why it could not have conducted the testing be...

Excerpt: ...s of the property. Plaintiff also alleges that Cadez failed to disclose his conflicting interests and multiple roles in the transaction, including his dual agency and sole ownership of the Seller RTC. Had she known these facts, she would not have entered into the Agreement. (Complaint, ¶¶ 37, 73‐77; Cervenka Dec., ¶¶ 4‐16.) These facts suggest fraud in the inducement of the contract as a whole, not fraud in the inception or execution. How...

Excerpt: ... not alleging that Defendant failed to do the inspection or did not spend time replacing parts on her vehicle. Instead, Plaintiff is challenging the quality of the inspection done on the vehicle. Defendant's assertion that they have high standards, which the vehicle must meet and the vehicle is “the best”, constitute nonactionable puffery because no standards to judge such assertions were provided and they appear to constitute opinions. Osbor...

Excerpt: ... Mercury, plaintiff now alleges that misrepresentations were made to her regarding the scope of the repairs necessary. Defendants argue in their demurrer that plaintiff's allegation that the representations were made in her “presence” are not sufficient, but plaintiff has sufficiently alleged that the representations were made to her; the only other person present was a “flooring contractor hired by defendant Mercury Insurance.” (TAC, ¶ ...

Excerpt: ...ecisions, nor was she oriented to anything other than persons, and not to time, place, or situation. The medical Page 3 of 3 records submitted with the reply do indicate that three days after the decedent executed the arbitration agreement a physician assessed plaintiff as having the capacity to understand and make decisions. However, the assessment was after the agreement was executed and not on the day of the assessments. The records for the da...

Excerpt: ...ance with its own laws, therefore, a writ of mandate shall issue. (California State University, Hayward v. National Collegiate Athletic Assn. (1975) 47 Cal. App. 3d 533, 539.) Respondent shall hold a meeting in compliance with its Grievance Procedures under Art. XIII, Sec. C of the By‐Laws within 45 days. Laches: To defeat a writ petition based on laches, the real party in interest or respondent must show that there was an unreasonable delay in...

Excerpt: ...numerous health conditions including Parkinson's disease, chronic pulmonary disease, hypertension and peripheral vascular disease. (Decl. of Nordean, ¶4.) Counsel indicates that Plaintiff's condition has deteriorated as a result of the alleged fall at the Nursing Home. (Id at ¶6.) He notes that “Parkinson's disease is a degenerative disorder of the central nervous system, where the progressively worsening condition of the subject includes the...

Excerpt: ...tifying the discovery sought by demonstrating relevance and specific facts justifying discovery. (CCP §2031.310(b)(1); Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production “is met simply by a fact‐specific showing of relevance.” (Tbg Ins. Servs. Corp. v. Superior Court (2002) 96 Cal.App.4th 443, 448.) Once good cause is established, the responding party has the burden to justify any objecti...

Excerpt: ...y obtain needed evidence. C.C.P. §437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. When a defendant has met his burden, it then shifts to plaintiff to show that a triable issue of fact exists. The complaint suffers the same defect regarding PK, as it does regarding GMI. The Court treated a motion for summary judgment brought by GMI as a motion for judgment on the pleadings Page 5 of 20 because the complaint contained no alleg...

Excerpt: ...g a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley...

Excerpt: ...half as to matter on which the examination is requested. A request for documents may be made in connection with the PMQ deposition, and when such a request for documents is made, “the witness or someone in authority is expected to make an inquiry of everyone who might be holding responsive documents Page 5 of 17 or everyone who knows where such documents might be held.” (Maldonado v. Superior Court (2002) 94 Cal.App.4th 1390, 1396.) Where a p...

Excerpt: ...ommon issues. (CCP § 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference. (CRC 3.1330; see also Condee v. Longwood ...

Excerpt: ... which will injure the right of the other to receive the benefits of the agreement.'” Id. A cause of action for breach of covenant of good faith and fair dealing requires something beyond a breach of the contractual duty. Aljabban v. Fontana Indoor Swap Meet, Inc. (2020) 54 Cal.App.5th 482, 509. “A party violates the covenant if it subjectively lacks belief in the validity of its act or if its conduct is objectively unreasonable.” Carma Dev...

Excerpt: ...dants did agree to supplement their responses to some, but not all, of the responses served on 11/16/21, and did so on 1/13/22. The supplemental responses were served by electronic mail. The present motion concerns only the responses which were not supplemented, so plaintiffs' discussion of the deadline for filing a motion to compel further responses to the supplemental responses is irrelevant. Defendants are also correct that the deadline for fi...

Excerpt: ...formed the contracts in California with Feast, Tarasa, and The Eyal, LLC, and conducted additional business in California and with California residents. (Supp.Oppo., Fact Nos. 3‐19.) Feast asserts that Cross‐ Defendants engaged in telephonic and email communications and negotiations to/with multiple California residents (Ben Eramya; Feast; Tarasa.) (Id. Fact Nos. 3‐5, 9, 13.) When negotiating with Feast, Glenn Beattie knew Feast was operati...

Excerpt: ...services Sonata provided. The facts seem to suggest, however, Sonata provided services relating to medical care and in‐ home wound care, similar to the facts in Oroville Hospital v. Superior Court (2022) 74 Cal.App.5th 382. Plaintiff alleges, for example, “[Sonata] neglected to provide medical care for [Plaintiff's] physical and mental health needs by failing to take all the necessary steps to properly care for her . . . failed to adequately ...

Excerpt: ...had or had not used any of Paramount's proprietary information. The declarations supporting the motion say that new information was uncovered in discovery, but does not address the nature of the new information that was uncovered. The motion alleges counsel could not have acted faster because Paramount needed an employee to explain “attorney eyes” documents and the stipulated protective order says that an employee can only do that if Pilotte ...

Excerpt: ...� protected conduct. It alleges the emotional distress is allegedly caused by Helen's broken promises. This conduct occurred before this lawsuit was filed and is not based on the petitioning action. (Cross‐ Complaint, ¶ 57.) However, this cause of action also asserts that Marilou has suffered emotional distress damages from incurring attorneys' fees (presumably due to the filing of this lawsuit) and because Helen will reap the benefits of “p...