Excerpt: ...demarks on the part of defendant John Suhr. As to the 2nd and 3rd causes of action, the court rejects the argument that abuse of control and corporate waste cannot be asserted as separate breaches of fiduciary duty. As to the 5th cause of action, the FAC adequately states the basis for irreparable harm to support an injunction claim. Plaintiff alleges that defendant John Suhr has claimed ownership of the trademarks, has sought to license the trad...

Excerpt: ... through illusory modification proposals in order to charge exorbitant processing and late fees. (FAC, ¶73.) This allegation arguably constitutes an unfair business practice. Although many of the other allegations are unclear or improper, Plaintiff has stated a cause of action based on this allegation. Although, Nationstar argues that Plaintiff does not have standing to bring a UCL cause of action because he was granted a loan modification and n...

Excerpt: ... leave to amend. Plaintiffs plead ultimate facts to support their fourth and fifth cause of action for negligence and products liability. See CCP § 425.10; Doe v. City of Los Angeles (2007) 42 Cal.4th 53, 550; C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872. However, the sixth cause of action for breach of warranties fails because there is no allegation that Corona sold the allegedly defective Tire to Decedent or Plain...

Excerpt: ...s GRANTED. Defendant has established that the acts that form the basis of Plaintiff's complaint were taken in furtherance of Conkwright's right to petition. Therefore, the burden shifts to Plaintiff to establish a probability of prevailing on the merits. Malicious Prosecution: First, Bosco appears to argue that the malicious prosecution applies to Conkwright's claims against Camarena by arguing that Conkwright shot at Camarena knowing that he was...

Excerpt: ...the new client. California Rules of Professional Conduct, rule 3‐310(E). Plaintiff fails to indicate what this prior lawsuit was about and does not provide evidence that Mr. Larkin obtained any confidential information. Since there is no evidence to support a showing of conflict, this argument is not persuasive. Further, Plaintiff has failed to provide evidence that Mr. Larkin has intimidated or harassed witnesses. His declaration contains conc...

Excerpt: ...ting sanctions nor issue/evidentiary sanctions under CCP § 2023.030(b)‐(c) are warranted. While there is no question that Defendants have been remiss in timely complying with the court's discovery orders, Defendants have taken steps toward full compliance by agreeing to a third‐ party vendor to extract the ESI, although the actual data extraction must still take place. Moreover, while Plaintiff may have been inconvenienced by Defendants' tar...

Excerpt: ...lead a viable theory as to why the sale is void. As such, Plaintiffs have not alleged any facts to get around the presumption of Civil Code §2924(c) ...

Excerpt: ... to the FDCPA is when a person collects a debt due to another if the debt was not in default when it was obtained. (15 USC §1692a(6)(F)(iii).) Plaintiffs do not plead when they were in default. According to the recorded documents, Defendant obtained the assignment on 3/29/16. Thus, there Page 3 of 3 are no allegations that Plaintiffs were in default at the time Defendant obtained the interest (assuming it was transferred to another). 2 nd Cause ...

Excerpt: ... to eject Plaintiff from the property without first resolving whether Plaintiff is entitled to specific performance of the agreement between the parties, which would moot the unlawful detainer issues. Defendant contends that Plaintiff cannot prevail as her case is barred by the statute of limitations. However, Plaintiff has presented evidence that she continues to pay Defendant $780 a month. Further, Defendant admits there is no time for performa...

Excerpt: ...endants. While NJP performed services for the benefit of defendant James Bradley, its written contract was with Kenner & Greenfield. To the extent that Bradley agreed to pay the costs of NJP's services, his agreement was with Kenner & Greenfield. With respect to PPI, it cannot be determined from the allegations of the FAC whether the alleged contract was oral or in writing, nor can it be determined whether the alleged contract was between PPI and...

Excerpt: ...d.” Penal Code § 11165.12(b). Child abuse and neglect is defined to include “physical injury or death inflicted by other than accidental means upon a child by another person,” which includes “the willful harming or injuring of a child or the endangering of the person or health of a child.” Penal Code § 11165.6. The willful harming of a child “means a situation in which any person willfully causes or permits any child to suffer, or i...

Excerpt: ...s. Exchange (1991) 231 Cal.App.3d 481, 487.) Despite initial noncompliance with the court order, Plaintiff has since produced verified responses and paid monetary sanctions. ...

Excerpt: ...ake judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgment. (Ramsden v. Western Union (1977) 71 Cal. App. 3d 873, 879). Defendants request for judicial notice of the DOT, Substitution of Trustee, Notice of Default and Notice of Trustee's Sale is GRANTED. The Demurrer is SUSTAINED with 20 days leave to amend. 1 st Cause of Action: Although Plaintiff alleges violations of HB...

Excerpt: ...dants concede the items listed on Exhibit C were “personal items left behind in the warehouse” that did not belong to Hageman, they never admitted that all of the items listed on Exhibit C belong to Plaintiff. In fact, Plaintiff concedes in the Complaint that her parents also stored personal items at the warehouse for which they sued the Koll Company. (Complaint, ¶¶ 13, 18.) Plaintiff failed to establish ownership or right to possession of ...

Excerpt: ...305, where the Court denied a C.C.P. §664.6 motion because the statutory prerequisites were not met since all parties on both sides of the agreement had not personally signed it. In Harris, the Court noted that C.C.P. §664.6 did not contemplate enforcement against the “party to be charged” – here Ramos ‐ as Plaintiff suggests in the motion. In addition, according to the language of the statute, any written settlement agreement outside o...

Excerpt: ...NED with 20 days leave to amend as to District as to the 1st, 2nd, 4th, 5th and 6th causes of action as Plaintiffs fail to state the statutory basis of liability. The general demurrer is SUSTAINED with 20 days leave to amend as to Merlo and Nunez as there are no factual allegations as to them other than their positions and that they were on notice of Plaintiff Azucena's medical history. The general demurrer is OVERRULED as to Phillips. The “dem...

Excerpt: ...ndant Chandi and Defendant Limonite, Plaintiff installed” the equipment and provided employee training. (Compl. ¶10.) On its face, the Complaint clearly alleges that Plaintiff was dealing directly with Limonite, the property owner. Further, the Complaint alleges that it is a limited liability company. (Compl. ¶1.) Plaintiff alleges it “specializes in servicing and installing commercial car wash equipment, chemicals and related accessories f...

Excerpt: ...wer, cannot exceed that demanded in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115; but in any other case, the court may grant the plaintiff any relief consistent with the case made by the complaint and embraced within the issue. The court may impose liability, regardless of whether the theory upon which liability is sought to be imposed involves legal or equitable principles.” Ba...

Excerpt: ...uous acts. The affidavit is in effect a complaint, frames the issues before the court and is a jurisdictional prerequisite to the court's power to punish.” In re Gould (1961) 195 Cal.App.2d 172, 175. An order to show cause is issued by the court, after the initiating of an affidavit stating the facts constituting the contempt is presented to the court and then a hearing must be held. Arthur v. Superior Court (1965) 62 Cal.2d 404, 407‐408. The...

Excerpt: ...on because Plaintiff fails to plead an actual, present controversy. ...

Excerpt: ... court order was willful. However, the request for monetary sanctions is GRANTED in the amount of $150.00. The objections to Mr. Torres' declaration as to paragraphs 4, 5, 6, 7 and 12‐18 are OVERRULED. The objections are SUSTAINED as to the exhibits referenced in Page 2 of 4 paragraphs 9 and 10, but not to the actual testimony portions of these paragraphs. The objection is SUSTAINED as to paragraph 11. All objections to Carol C. Ignacio's decla...

Excerpt: ...unconscionability. Sanchez v. Valencia Holding Co, LLC (2015) 61 Cal.4th 899, 915. Further, the DRA's unilateral requirement that Plaintiff first submit her disputes to DMSI's internal grievance procedures and that any written demand for arbitration first be sent to DMSI's Human Resources Vice President render the DRA substantively unconscionable. See Nyulassy v. Lockheed Martin Corp. (2004) 120 Cal.App.4th 1267, 1282‐83. See also Pokorny v. Qu...