Excerpt: ...on system from Defendant; (2) at the time of the purchase, Defendant was in the business of installing and selling solar power Page 2 of 3 production systems and held itself out as possessing special knowledge and skill regarding such systems; (3) the solar system installed by Defendant was not of the same quality as those generally acceptable in the trade and was not fit for the purpose for which such goods are used; (4) Plaintiff took reasonabl...

Excerpt: ...n of the agreement; or, litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common 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 to compel must set forth the provisions of the written agreement and the arbitration clause ve...

Excerpt: ...iff's fraudulent inducement/concealment is, for pleading purposes, alleged with sufficient specificity. (Chapman v. Skype Inc. (2013) 220 Cal. App. 4th 217, 231 [less specificity is required if the defendant would likely have greater knowledge of the facts than the plaintiff].) Fraudulent intent is most often established through circumstantial evidence. (Tenzer v. Superscope, Inc. (1985) 39 Cal.3d 18, 30.) While performance may not in and of itse...

Excerpt: ...es claim, including “loss of income, loss of earning capacity, loss of job opportunity, and other financial losses.” (FAC, ¶ 72.) Defendant has shown good cause for the documents. Plaintiff responded with objections. Her main objection is that the request is overly broad because it asks for documents relating to income from sources other than from employment. Plaintiff agrees to produce documents relating to her earnings from employment. She...

Excerpt: ... limited by the time to appeal. Here, the time limit is not governed by the date judgment is entered and the timing of an appeal. The MOU is incorporated into the judgment as a method of enforcing its provisions in the event one party refused to cooperate. The time for an appeal of the judgment entered on 3/4/16, has no bearing on the timing of this motion. The Court does not equate the date of the order entered on the ex parte as the date to com...

Excerpt: ...cident”. (Motion, page 2, line 4.) Plaintiff shall not be questioned regarding her sex life or the intimate details of her relationship with her boyfriend. Simply put, defendants Long Ngoc Phan, Ngoc Phan DMD, Inc., Long Ngoc Phan (collectively “defendants”) shall not construe the granting of the motion as a license to inquire into plaintiff's sex life. The motion is denied as to the request for issue sanctions. The Court has weighed the pr...

Excerpt: ...01881 (the “Tye 1 matter”). Hence, it arises out of a written statement or writing made in connection with an issue under consideration or review by a judicial body. Plaintiff Matthew Tye (“Plaintiff”) cannot avoid the first prong by arguing the subject declaration was not invited by the Court. Though not solicited by the Court, the declaration filed by defendant Papp in the Tye 1 matter sought to inform the Court about the facts surround...

Excerpt: ...roduce responsive documents as to California complaints, reports, buy‐backs, etc., as discussed below. Sanctions are imposed in favor of Plaintiffs and against GM in the amount of $1,860. They are payable within 30 days. Meet and Confer. Plaintiffs' initial meet and confer letter is very detailed and provides authority in support of Plaintiffs' request for further responses. GM provided a detailed response explaining its objections. (Morse Dec....

Excerpt: ...bitration unnecessary or create conflicting rulings on common 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 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 refe...

Excerpt: ... fact with intent to defraud; (4) the plaintiff was unaware of the fact and would not have acted had she or he had knowledge of the concealed fact; and, (5) the plaintiff sustained damages as a result of the concealment. (Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 868.) A claim for fraudulent concealment may be based on facts known only to a defendant, defendant knows plaintiff does not know these facts and cann...

Excerpt: ... Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.) If a nonsettling party opposes the application, it must file a notice of motion to contest the good faith settlement within the statutorily provided deadline. C.C.P. § 877.6(a)(2). The nonsettling party has the burden of proof to establish lack of good faith. C.C.P. § 877.6(d). Cross‐Defendant A Road Runner Garage Doors & Gates (“Road Runner”) identifies the settling parties, t...

Excerpt: ...he nature of the litigation, the difficulty of the litigation, the attention given to the issues, the success of the attorney's efforts, and time consumed. [Citation omitted.]" (PLCM Group, Inc. v. Drexler (1999) 72 Cal.App.4th 693, 708.) Although a fee request ordinarily should be documented in great detail, the court is entitled to make its own evaluation of the reasonable worth of the work done in light of the nature of the case and the credib...

Excerpt: ...ecutive, and judicial departments of the United States and of any state of the United States. Materials prepared by private parties that are on file with governmental agencies are not official records of which judicial notice may be taken. (People v. Thacker (1985) 175 Cal.App.3d 594, 598‐99; Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 608.) The Court notes that there are several unpublished cases which do allow judicial notice of the ...

Excerpt: ...d Complaint against Defendant Omega and other defendants. It sets forth ten causes of action: (1) child abduction (all Plaintiffs against all defendants); (2) attempted extortion (Plaintiff Ms. Allen and Plaintiff Mr. Jasper against all defendants); (3) child abuse and endangerment (all Plaintiffs against all defendants); (4) intentional misrepresentation (Plaintiff Ms. Allen and Plaintiff Mr. Jasper against all defendants); (5) conspiracy (all P...

Excerpt: ...This is malicious prosecution action. Plaintiff Lawrence D. Maberry (“Plaintiff”) alleges that he was a tenant on property located at 36310 Singleton Road in Calimesa and owned by defendant Christine Elaine Chetta (“Defendant”) pursuant to a lease dated February 26, 2017. (Complaint, ¶ 6.) Plaintiff alleges Defendant's son, who resided on the same property, physically attacked Plaintiff. (Id., ¶ 7.) Defendant then filed a Request for Ci...

Excerpt: ...).) The written objections procedure applies to nonparty consumers. (CCP §1985.3(g).) The party consumer may bring a motion to quash. Plaintiff's contention that Defendants failed to move to enforce the subpoena is without merit. Serving a written objection is not appropriate for a party. Upon the filing of a motion, the Court may order a subpoena be quashed or modified. (CCP§1985.3, 1987.1.) A motion to quash or modify may be granted on the gr...

Excerpt: ...en contract; (6) breach of fiduciary duty; and, (7) breach of settlement agreement (specific performance or compelling arbitration). Page 2 of 3 Corporations Code §9418: Corporations Code §9418(a) permits a director, member, or any person with the right to vote in the election at issue after that person “has exhausted any remedies provided in the articles or bylaws” to bring a judicial action to challenge the validity of the election or app...

Excerpt: ...rocedural History: Petitioners and plaintiffs Garner Valley Property Owners' Association and James Martens (collectively “Petitioners”) are property owners in Garner Valley. Their properties are serviced by Respondent and defendant Lake Hemet Municipal Water District (“Respondent”) provides water to Garner Valley properties via one system and provides water and other services to Hemet/San Jacinto properties via another, separate system. R...

Excerpt: ...ing she was not the owner or operator, but just the manager and she did not employ Muse). An attack on Page 2 of 2 the factual allegations of the Complaint is not permitted. The Court must accept the factual allegations of the Complaint as true, unless the challenge is based on judicially noticed facts. Finally, Meer is incorrect that plaintiff's allegations regarding her role are conclusions of law. Meer's alleged ownership of the home and her e...

Excerpt: ...at these causes of action are deficient. She asks for leave to reassert the first, third, fourth, and fifth causes of action. Plaintiff concedes that the tenth cause of action is barred by the statute of limitation, but asserts that she has additional facts to fix this issue. Unlike the other causes of action that she concedes, she addresses the merits of the cause of action. It is also deficient because it is unclear what Plaintiff's protected a...

Excerpt: ...gatory #13, Special Interrogatory #17, Special Interrogatory #42, and REQUEST FOR Admission #14 are sufficient. No further response to Special Interrogatory #41 is Ordered, as the interrogatory is not full and complete in itself. The remaining responses are insufficient. For the reasons stated below, further verified responses are necessary and shall be served within 20 days. The request for sanctions is Denied. Both parties achieved partial succ...

Excerpt: ...nt of the 1st cause of action or the other causes of action. Even if it were, declaratory relief is a cumulative remedy. (CCP § 1062.) 1 st cause of action (reformation): Generally, a party who agrees to a contract is bound by its provisions and cannot complaint of unfamiliarity with its terms. (Madden v. Kaiser Found. Hosps. (1976) 17 Cal.3d 699, 710.) Nevertheless, an action for “reformation” is the appropriate remedy where the contract do...

Excerpt: ... is a sufficient basis to sustain a Demurrer on the basis of uncertainty. (Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 139, fn. 2.) Here, the Complaint does not identify what causes of action are being asserted against each defendant. There are no factual allegations regarding defendant Dr. Carr, but rather allegations against defendants collectively. It is unclear if one, two, or three causes of action are being asserted agai...

Excerpt: ...ause judicial policy favors the resolution of all disputed matters between the parties in the same lawsuit, the Court's discretion will usually be exercised to permit amendment of pleadings. “[T]here has developed in this state a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not prejudice the substantial rights of others.” (...

Excerpt: ...ase Closure, and obtained a Right‐to‐Sue letter for her FEHA claims. Defendant DeBolt cites no authority requiring that such dates must be alleged. A prerequisite to bringing a civil action under FEHA is the filing of an administrative complaint with the DFEH no later than one year after the alleged unlawful practice occurred, and obtaining a “right‐to‐sue” notice from the DFEH. (Gov. C. § 12960, § 12965(b)). Under FEHA, exhaustion ...