Excerpt: ...(CCP § 1985.3(b)‐(c), (k) and § 2020.410(d).) Defendants have not demonstrated the application of any exception to the taxpayer privilege. It covers tax returns and related documents and applies to both personal and corporate taxpayers. Meet and Confer Requirement The parties exchanged email messages regarding the general substance of the motion. Unfortunately, they were not able to reach an informal resolution. (See Hanchar Decl., ¶¶ 12‐...

Excerpt: ...dment were discovered; and, 4) the reasons why the request for amendment was not made earlier. (Cal. Rules of Court, Rule 3.1324(b).) Here, Plaintiff submitted a declaration [begins at p. 91] and a proposed FAC [begins at p. 4.]. Plaintiff's counsel, Paul Molinaro, attests that on 12/18/19 he took defendant Kristiana Joy Peters' (“Peters”) deposition and that she testified: to earning $3,000 ‐ $4,000 a month from her own retail website but,...

Excerpt: ...s they are immaterial to resolution of this motion. The motion for attorney's fees is GRANTED IN THE REDUCED AMOUNT OF $70,335. The Court declines to rule on the request for costs as there is a motion to tax set for August 10, 2020. The matter of reasonableness of a party's attorney fees is within the sound discretion of the trial court. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 1062.) Fee motions should be based on detailed ...

Excerpt: ...position in the case. Plaintiff is Ordered to post bond in the amount of $14,400.00. Plaintiff is Ordered to serve and submit a proposed Preliminary Injunction to the Court within 5 days. (Cal. Rules of Court, Rule 3.1150.) Plaintiff demonstrated a reasonable probability of prevailing on some of his claims. A. Negligence Plaintiff may succeed on a claim for negligence. As a general rule, a financial institution owes no duty of care to a borrower ...

Excerpt: ...nerally, one who has not created a peril has no duty to affirmatively act so as to prevent harm to third persons. Absent an applicable statute, the law does not require one to act as a “Good Samaritan.” (Regents of Univ. of Calif. v. Sup. Ct. (Rosen)(2018) 4 Cal.5th 607, 663‐664.) However, the law does impose a legal duty to affirmatively act to protect someone else from danger or to control the conduct of a third person if there is a “sp...

Excerpt: ...and Other Tangible Items, Set One (“DFP”) No. 9, within 20 days. Monetary sanctions in the amount of $1,125.00 (4.5 hours @ $230.00, plus $90.00 filing/court reporter fee) are imposed against Plaintiff. The sanctions shall be paid to defendant William Reyes, through his attorney of record, within 30 days. The Court will complete, file, and serve the proposed order submitted by Defendants. Additionally, the Court invites the parties to file a ...

Excerpt: ..., 149 Cal.App.4th at p. 180.) However, the plaintiff “may try to show it actually dismissed because it had substantially achieved its goals through a settlement or other means.” (Ibid. [citing Coltrain v. Shewalter (1998) 66 Cal.App.4th 94, 107].) Plaintiffs contend their objective in the litigation was to have a vehicle that they could legally operate with proper registration. (P's Motion 7:14‐16.) They contend they achieved their litigati...

Excerpt: ...��5; Duale v. MercedesBenz USA, LLC (2007) 148 Cal.App.4th 718, 729; Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 1004, 1010.) While it is true that there is and was no dispute regarding the purchase price of the subject vehicle, several questions remained for the jury to resolve. As in Warren and Duale, whether any alleged defects represented nonconformity under the Act and if so, the extent they substantially impaired the use, value or...

Excerpt: ...ence of the Court. Shortly thereafter, Plaintiff and counsel for Defendant Enterprise Rent‐A‐Car appeared before the Court again. The hearing was continued to permit Plaintiff and counsel for Defendant to meet and confer. Apparently, the efforts to meet and confer, if any, were unsuccessful. The motion is DENIED. Plaintiff failed to meet his burden showing the costs claimed were unreasonable or unnecessary to the conduct of litigation. Defend...

Excerpt: ...lson v. Specialty Records, Inc. (1970) 11 Cal. App. 3d 126), “it is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal. App. 3d 1045, 1048; see also Atkinson v. Elk Corp. (2003) 109 Cal. App. 4th 739, 761.) Prejudice exists where the amendment would require delaying the trial, resulting in loss of critical evidence or add...

Excerpt: ...egal cause of the resulting injury.” (Bellah v. Greenson (1978) 81 Cal.App.3d 614, 619.) Ordinary negligence may be alleged in general terms without specific facts showing how the injury occurred. (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 527.) On the other hand, a plaintiff may not have a bare statement that the defendant's negligence caused injury. (Ibid.) The existence of a duty is a question of law for the court. (Kentucky Fried Chicken...

Excerpt: ...ra's actual and or propensity for engaging in prior serious sexual misconduct and or molestation involving other persons as is alleged in herein and either disregarded and or intentionally failed to take appropriate action to ensure that De Vera would not engage in any similar action as has been alleged herein.” (TAC, ¶ 9.) Plaintiff alleges Integro failed to properly investigate De Vera's prior acts of sexual misconduct before hiring him, tha...

Excerpt: ...ogatories Nos. 10 ‐ 24 and Requests for Production Nos. 11 ‐ 14 within 20 days. No further responses are required for Special Interrogatories Nos. 4 ‐ 9 and Requests for Production Nos. 9 & 10. The request for sanctions is denied. Meet and Confer: On February 3, 2020, the Court continued hearing and ordered the parties to meet and confer. The Court ordered Plaintiff to file a supplemental meet and confer declaration. In the supplemental dec...

Excerpt: ...es liability is based on the possession of the premises and the property owner/manager/renter's right to control and manage the property. Id. “But the duty arising from possession and control of property is adherence to the same standard of care that applies in negligence cases.” Id. A storeowner is “not an insurer of the safety of his patrons, but owed them Page 2 of 5 the duty to exercise reasonable care in keeping the premises safe for h...

Excerpt: ...2011) 198 Cal. App. 4th 1187, 1198.) The elements of an action for fraud and deceit based on concealment are: (1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not ha...

Excerpt: ...e sought to show disparate treatment of Plaintiff, who was relieved of duty for minor or trivial problems, while Bennett was not (even though one of the shootings was a homicide which is still under investigation). Request No. 2 (as to Bennett) seeks records concerning his termination from the Riverside Sheriff's Department for lying about his name when he was pulled other by other law enforcement officers. They are sought to show Bennett's credi...

Excerpt: ... The Los Angeles Court found that venue was not proper in Los Page 3 of 5 Angeles and transferred the case to this Court. Given there was no proceeding which resulted in a final judgment on the merits, the 7/9/19 order does not act as a bar to Plaintiff's claims. DFEH Complaint/ Statute of Limitations Dates are not in dispute. Plaintiff was terminated on 1/15/17. (FAC ¶ 15(g).) Plaintiff, through his attorney, sent a letter on 2/14/18 demanding ...

Excerpt: ...set forth below. The motion to strike the complaint under Code of Civil Procedure section 425.16 filed by defendant Mr. Papp and defendant Mr. Tye (collectively “Defendants”) is GRANTED. Defendants meet the first prong of the analysis under section 425.16(e)(1)(2). The complaint arises from the pending Riverside Superior Court action entitled Matthew Tye v. Justin Tye, et al., Case No. RIC 1601881 (the “Tye 1 matter”). Hence, it arises ou...

Excerpt: ...A's Offer of Correction, and the Court's tentative ruling on Defendants' Motion for Judgment on the Pleadings. The Court takes judicial notice of the tentative ruling, pursuant to Evid. Code §452(d), which permits judicial notice of court records. Defendants have not provided a basis for judicial notice of the Notice of Violation or Offer of Correction. Accordingly, judicial notice is denied. Page 2 of 4 Motion to Strike: Pursuant to CCP §436(a...

Excerpt: ...xplanation for failing to provide the evidence earlier, which can only be describes as a strict requirement of diligence.” Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 690. Facts know by the party seeking reconsideration when the original ruling was made are not considered “new or different.” In re Marriage of Herr (2009) 174 Cal.App.4th 1463, 1468. “[T]he party seeking reconsideration must provide not only new evidence but also a satisfa...

Excerpt: ...17.) Such fee awards are allowable as court costs under CCP § 1032. (CCP § 1033.5(a)(10)(A).) Entitlement to Attorney Fees Paragraph 40 of the Commercial Lease Agreement between the parties provides as follows: ATTORNEY FEES: In any action or proceeding arising out of this agreement, the prevailing party between Landlord and Tenant shall be entitled to reasonable attorney fees and costs from the non‐prevailing Landlord or Tenant, except as pr...

Excerpt: ...reement does not unreasonably favor Defendant substantively (other than the limitations provision which Defendant has agreed to sever and the court hereby severs). The action is stayed pending arbitration. The stay shall not affect any deadline, cut‐off date, statute of limitations, etc. Plaintiff and/or Defendant may request that the stay be lifted and the action restored to civil active status by filing Riverside Superior Court form RI‐CI02...

Excerpt: ...e elements of fraud are: (1) misrepresentation of a material fact (consisting of a false representation, concealment or non‐disclosure); (2) knowledge of the falsity (i.e., scienter); (3) intent to deceive and induce reliance; (4) justifiable and actual reliance on the misrepresentation; and, (5) resulting damage. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445.) Fraud actions are subject to strict r...

Excerpt: ...ng: The Motion to Compel Further Responses to Form Interrogatories, Set One, is GRANTED as to numbers 7.1, 9.1, 9.2, 50.3, 50.4 and 50.5. It is DENIED as to numbers 8.7 and 8.8. Verified, Further Responses, without objections, shall be served within 20 days. Sanctions are imposed on plaintiff Citrus El Dorado in the amount of $5,500.00 and are payable to defendant Stearns Bank within 30 days. The Motion to Compel Further Responses to Requests for...

Excerpt: ... nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any.” (CCP § 1021.5). The statute is not intended to reward litigants motivated by their own pecun...