Excerpt: ...0, the Court is to consider several factors: (1) whether the moving party selected the forum; (2) whether the deponent will be present to testify at trial; (3) convenience of the deponent; (4) feasibility of conducting the deposition by written question or by use of some other method; (5) number of depositions in the action taking place at a distance further than permitted under C.C.P. §2025.250; (6) the expense of the parties requiring the depo...

Excerpt: ...n of the Consumers Legal Remedies Act (CLRA). Defendant Ford and defendant Fritts (collectively “Defendants”) move for judgment on the pleadings as to each cause of action. As discussed below, the Motion for Judgment on the Pleadings is denied as to the first, second, third, fourth and fifth causes of action and granted with 20 days leave to amend as to the sixth cause of action. “A motion for judgment on the pleadings performs the same fun...

Excerpt: ...ust prove that she is a bona fide investor of the LLC (as opposed to a mere conduit for other investors), and the documents regarding the source of Shi's contributions must be produced. This argument is unpersuasive and lacks merit. This lawsuit was brought by Plaintiffs to recover their investment in the LLC that they allege Lee misappropriated for himself and ousted Plaintiffs from their interests in the LLC. Plaintiffs allege a failed joint ve...

Excerpt: ...s, Inc., (collectively “Plaintiffs”) raised a triable issue of material fact as to Issue I, UMF No. 25, and Issue II, UMF No. 25. Burden: A defendant meets its burden in a motion for summary judgment or summary adjudication by doing one of the following: (1) presenting affirmative evidence negating an essential element of plaintiff's cause of action; (2) showing a complete defense; or, (3) showing that plaintiff does not possess and cannot re...

Excerpt: ...ist for revocation of the agreement; or, litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. CCP §1281.2. “[W]hen a plaintiff alleges a defendant acted as an agent of a party to an arbitration agreement, the defendant may enforce the agreement even though the defendant is not a party thereto.” Thomas v. Westlake (2012) 204 Cal.App.4th 605, 614. The complaint asserts that the defen...

Excerpt: ...iability, such as and knowledge of defects and unauthorized sales. Other requests involve subsidiary liability and entities that are not named in the First Amended Complaint, such as LG Chem Michigan. The ownership of a subsidiary does not subject a nonresident parent company to personal jurisdiction based on the subsidiary's forum contacts unless the parent company deliberately directs the subsidiary's activities in the forum state. (HealthM...

Excerpt: ...isayans”). On 5/5/2018, counsel for all defendants withdrew as counsel, explaining that his clients were not cooperating or meeting with him. On 9/5/2018, the Court granted Plaintiffs' unopposed motion to strike the answers of the Entity Defendants which were no longer represented by counsel. The Sisayans are acting in pro per and have been without counsel since 5/5/2018. Plaintiffs move for terminating sanctions for the Sisayans' failure to co...

Excerpt: ...isayans”). On 5/5/2018, counsel for all defendants withdrew as counsel, explaining that his clients were not cooperating or meeting with him. On 9/5/2018, the Court granted Plaintiffs' unopposed motion to strike the answers of the Entity Defendants which were no longer represented by counsel. The Sisayans are acting in pro per and have been without counsel since 5/5/2018. Plaintiffs move for terminating sanctions for the Sisayans' failure to co...

Excerpt: ...intiff's allegations that she requested reasonable accommodation and/or that FMK failed to engage in the interactive process do not demonstrate opposition to or protest of unlawful conduct by FMK sufficient to support a claim for whistleblower retaliation. Plaintiff's complaints about her alleged mistreatment by Vela are not whistleblowing, but appear to be more akin to a disclosure made in the context of an internal personnel matter. (Levi v. Re...

Excerpt: ...of the pleading. (See Ferrick v. Santa Clara University (2014) 231 Cal.App.4th 1337, 1341.) Court grants the motion as to the fourth cause of action, without leave to amend. (People for Ethical Treatment of Animals, Inc. v. California Milk Producers Advisory Board (2005) 125 Cal.App.4th 871, 878–879 (PETA).) For the first and second causes of action, judicial abstention is appropriate when the plaintiff requests relief that requires the trial c...

Excerpt: ...at three attorneys prepared the anti‐SLAPP motion, Mr. Tarwater at $240 per hour, Mr. Clifford at $400 per hour, and Mr. Cooper at $290 per hour. Those hourly rates are reasonable. However, the Court reduces the time allotted to each attorney as follows: Mr. Tarwater to 10 hours; Mr. Clifford to 3 hours; and, Mr. Cooper to 4 hours. Only costs specifically and reasonably related to the anti‐ SLAPP motion are recoverable. Costs for courier serv...

Excerpt: ...hich is credible given that Sunrise was suspended in 2014). (Sunday Dec., ¶ 8; Wilson Dec., ¶¶ 5, 8.) In support of alter ego liability, Plaintiff submits his own declaration stating that Sunday and Wilson disregarded Sunrise's corporate form to commit fraud, commingled funds with Sunrise, failed to maintain minutes or corporate records for Sunrise, and that Sunrise was undercapitalized from its inception. These statements lack foundation, are...

Excerpt: ...and the Court grants the request as to those items. As to judicial notice of the contract, the Court denies the request. (Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 194 (quoting Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063‐1064. Post v. Prati (1979) 90 Cal.App.3d 626, 633.) Plaintiff's requests judicial notice: Plaintiff requests judicial notice of his claim and the denial of it. City does not object and...

Excerpt: ...dence.” (Dec.Erving ¶11.) Petitioner's objection to this statement on grounds of lack of foundation, and lack of personal knowledge is sustained. Petitioner's IPA requests sought broad categories of documents and the purpose of the Petition was to obtain documents responsive to Petitioner's IPA requests. The Regents located documents presumably related to Petitioner (otherwise there would not have been a reason to identify them on the privileg...

Excerpt: ...le by him.” (Loughrin v. Superior Court (1993) 15 Cal.App.4th 1188, 1195.) It does not protect against intentional misrepresentation, fraudulent concealment or negligent concealment not related to the failure to inspect. (Id.) Additionally, the use of an “as is” provision does not protect from the statutory disclosure requirements. (Id.) While some of the alleged conditions may be observable by an inspection, it is not clear on demurrer whe...

Excerpt: ...from recovering money damages. The plaintiff argues that section 844.6 limits claims for physical injuries only. However, courts have applied that section to cases that involved claims other than physical injuries. (See Towery v. State of California (2017) 14 Cal.App.5th 226, 237; Wright v. State of California (2004) 122 Cal.App.4th 659, 672.) Motion for summary adjudication denied as to claim for injunctive relief. Although the defendant may hav...

Excerpt: ...th 528, 535.) Mr. Chu states that he inspected the property prior to leasing it to Lost and Found (Decl. of S. Chu, ¶7). He does not state that the raised lip was not present during the inspection. Mr. Chu concludes that there were no dangerous conditions on the premises at the time of inspection (Ibid). However, if reasonable minds could differ on whether a condition is dangerous, it is a question of fact for the jury. (Fielder v. City of Glend...

Excerpt: ...su and Defendants. The FAC does not set forth the existence of a contract on behalf of JBN. (FAC, ¶¶ 20‐21, 25‐26.) To the extent that Hasu seeks to recover individually under the second cause of action for services performed, he has not alleged that he was a licensed contractor, and to the extent that he asserts that he simply footed the cost of the remodel, the allegations are unclear. Further, the FAC does not adequately explain the disc...

Excerpt: ...h there is no pending foreclosure, given that Plaintiff is in default and there is no stay or loan modification, there is a reasonable potential that Defendant will restart the foreclosure process. Plaintiff's allegations that he was not provided a single point of contact are sufficient for pleading purposes. Whether the allegations are true cannot be decided on demurrer. (FAC, ¶¶49‐62.) Second cause of action for violation of CC section 2923...

Excerpt: ...ecause defendants did not act outside the role of a conventional lender and there are no facts alleged to the contrary. The demurrer is sustained with 20 days leave to amend as to the first, second, fourth, and sixth causes of action. As to the first cause of action, plaintiff improperly combines two claims, one under Civil Code section 2924(a)(6) and the other under Civil Code section 2924.11, both of which fail to allege facts sufficient to con...

Excerpt: ... (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) Thus, Defendants' mootness argument (penalty paid) is irrelevant. Defendants are going beyond the pleadings or judicial notice. There is currently a split of authority. In two cases, courts have held that the damages cap is $500 per action, and not violation. (Nevarrez v. San Marino Skilled Nursing and Wellness Centre (2013) 221 Cal.App.4th 102, 135; Lemaire v. Covenant Care Calif...

Excerpt: ...pitalist) The Court considered Defendant's contention that Dr. Klein is necessary, as the negligence of the hospital staff remains an issue. Plaintiffs did not make any argument as to why Dr. Klein's testimony is duplicative or unwarranted and the motion is denied as to this expert. Dr. David Karlin (Radiologist) and Dr. Lynn Connolly (Gastroenterology) The Court considered Defendant's contentions that these experts are necessary to address and d...

Excerpt: ... a requirement under the present facts which would require the lender or servicer to consider plaintiffs' intent to pay off the first loan on the property. (See Nymark v. Heart Fed. Savings & Loan Assn. (1991) 231 Cal.App.3d 1089, 1096; See also Lueras v. BAC Home Loans Servicing, LP (2013) 221 Cal.App.4th 49, 68 [refusing to impose a common law duty to offer or approve a loan modification, after reviewing the Biakanja factors (Biakanja v. Irving...

Excerpt: ...economic loss when its money is unlawfully diverted for defendant's personal benefit, even if the misappropriation resulted in public benefits such as public building improvements. (Ibid.) Page 3 of 5 1 st and 2nd causes of action (fraud and fraudulent concealment) Plaintiff alleges that “Kapanicas communicated to Plaintiff several false reasons . . . for the City's failure to remit TUMF funds to Plaintiff at meetings with staff for Plaintiff t...

Excerpt: ...n an application for an order has been made to a judge or to a court, and refused in whole or in part, granted, or granted conditionally, or on any terms, any party affected by the order, within 10 days of service upon the party of written notice of entry of the order and based upon new or different facts, circumstances or law, make application to the same judge or court to reconsider the matter and modify, amend, or revoke the order. A party who...