Excerpt: ... (1) plaintiff belongs to a protected group; (2) plaintiff was subject to unwelcome harassment; (3) the harassment was based on the protected status; (4) the harassment unreasonably interfered with her work by creating an intimidating, hostile, or offensive work environment; and (5) defendants are liable for the harassment. (Ortiz v. Daeron Hospital Assn. (2019) 37 Cal.App.5th 568, 581.) Since the enactment of Government Code § 12923, courts hav...

Excerpt: ...he current shareholders, Shively v. Jones, RSC Case No. RIC 1904175. Judicial notice of court records is proper under Evid. Code § 452(d). Both requests for judicial notice are granted. The Substance The parties do not dispute that the court has jurisdiction under CCP § 1281.8 to consider this motion for preliminary injunction despite the stay in place pending arbitration. The purpose of a preliminary injunction is to preserve the status quo un...

Excerpt: ...entire anti‐SLAPP motion and dismiss the complaint as to Randall D. Naiman and Naiman Law Group, PC. The Appellate Court also found that the trial court should award attorneys' fees and costs incurred by Randall D. Naiman and Naiman Law Group, PC both in the trial court and on appeal. The remittitur was received by the Court on 10/9/13. No additional action was taken by Randall D. Naiman and Naiman Law Group, PC or the Court until 11/6/13, when...

Excerpt: ...s a sham pleading is without merit. Special Demurrer While Plaintiff specially demurs to each cause of action on the ground of uncertainty, he fails to explain how any of the claims are uncertain such that he cannot reasonably determine what issues must be admitted or denied, or what claims are directed against him. (CCP § 430.10(f); Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Accordingly, the demurrer is overruled on g...

Excerpt: ... right to compel further response to the discovery. (CCP §§ 2030.300(c) and 2031.310(c).) The 45‐day time limit is mandatory and “jurisdictional” (court has no authority to grant a late motion). (Sexton v. Sup.Ct. (Mullikin Med. Ctr.) (1997) 58 Cal.App.4th 1403, 1410.) The Discovery Act omits an earlier statute that gave courts authority to extend the time for making a motion to compel. This “indicates an intention by the Legislature no...

Excerpt: ...ad the right to control and direct the activities of Plaintiff and/or the manner and method in which the work was performed. The burden shifted to Plaintiff, but Plaintiff failed to show any triable issue of material fact. Request for Judicial Notice Frize requests judicial notice of the Compromise and Release submitted by Plaintiff to the Workers' Compensation Appears Board and the Order Approving the Compromise and Release Page 4 of 6 issued by...

Excerpt: ... of $500 per week to Plaintiff for 204 weeks ($102,000.) (FAC ¶¶ 15‐16.) Hernandez and De La Torre made the payments until Plaintiff's husband died on 3/28/16. (FAC ¶ 19.) Thereafter, no further payments were made. (FAC ¶¶ 19, 50.) Thus, Plaintiff's claims against Hernandez and De La Torre, for failing to make weekly payments, accrued on or about 4/12/16. The first three causes of action in this case for interference with contractual relat...

Excerpt: ..., §1005(b).); Mackey v. Board of Trustees of Calif. State Univ. (2019) 31 Cal. App. 5th 640, 657 [held proper for trial court to exclude late‐filed declarations where no order permitting late filing or continuance of hearing was sought].) “A trial court has broad discretion under rule 3.1300(d) of the California Rules of Court to refuse to consider papers served and filed beyond the deadline without a prior court order finding good cause for...

Excerpt: ...es she is at least entitled to an order limiting her liability, if any, to her statutory liability under Vehicle Code sections 17150 and 17151, as an owner of the vehicle involved in the collision. Moving Party has Met the Initial Burden The moving party has met the initial burden by demonstrating evidence that defendant Bills, the owner of the vehicle, never gave permission, either express or implied, to Garza, and neither did her granddaughter;...

Excerpt: ...re the defendant cannot reasonably determine what issues must be admitted or denied, or what claims are directed against him. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Demurrers for uncertainty are to be overruled when addressed to inconsequential matters, the facts are within the knowledge of the defendant or ascertainable in discovery, or not dispositive of one or more causes of action. (Id.) A failure to specify wh...

Excerpt: ... a claim for the enhanced remedies for neglect under the Elder Abuse Act, the plaintiff must allege, and prove by clear and convincing evidence, facts establishing that the defendant: “(1) had responsibility for meeting the basic needs of the elder or dependent adult, such a nutrition, hydration, hygiene, or medical care”; “(2) knew of the conditions that made the elder or dependent adult unable to provide for his or her own basic needs”;...

Excerpt: ...not filing defaults. Defendants now contend the insurance adjuster did not understand the distinction and the motions are proper. It is unclear what was actually understood by the parties and Plaintiff has not provided any legal argument supporting his contentions that the Demurrer/MTS should not be considered. The Court also finds that the meet and confer process was sufficient. Slander/Libel/Defamation The elements of a defamation claim are (1)...

Excerpt: ...,” Temecula, California, which was the location where the second accident caused by the other Defendants allegedly occurred. However, by filing a certificate of counsel along with the Summons and Complaint, Plaintiff is complying with the requirements of the Court's Local Rule for designating the proper branch of the Court in which the matter should be tried or heard and is not subject to demurrer. (See Local Rule, Title 3, Division 1, Rule 311...

Excerpt: ...r which no discovery was conducted and no dispositive motion addressed, Cross‐Defendant has established that he will be prejudiced by the amendments. In her Reply, Moving Party appears to concede that the present Motion is a premature motion to conform to proof, but argues that the Opposition is unripe and the Court should reserve ruling on the Motion. Leave to amend may be denied where inexcusable delay and probable prejudice to the opposing p...

Excerpt: ...of additional allegations with the court and Defendant at the hearing, Defendant will not suffer any significant prejudice by addressing the substance of the added allegations through the present motion. Through the meet and confer process, the parties reached an agreement that the references to lost wages, lost employment benefits and property damage be stricken from the FAC. Accordingly, the motion is granted in accordance with the parties' sti...

Excerpt: ...ee. Nor is a receiver necessary over the LLC. Neither are orders prohibiting Kunio from distributing more than $5,000 without his sister's permission, as suggested in the opposition. Any management decision over the affairs of the LLC (such as who should be running it) are controlled by the majority of Class A units. LLC Agreement, ¶5.1. Since Kunio owns 50% of the Class A membership interests and Kimiko owns the other 50%, if they disagree on w...

Excerpt: ...b)(2).) Likewise, a motion to compel a further response to an interrogatory requires a meet and confer declaration. (Cal Code Civ Proc § 2030.300(b).) The purpose of the meet and confer requirement Page 3 of 4 is to encourage the parties to work out their differences informally so as to avoid the necessity of a formal order. (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016.) The declaration must state facts showing a re...

Excerpt: .... Cisneros cites the following reasons for his failure to participate in the action: his uncle was sick and then passed away from Covid‐ 19; he lost his job; he couldn't make his mortgage payments so he had to sell his house; his father in law was diagnosed with stage 4 cancer; Cisneros did not have available funds to hire new counsel to represent him in this action. On July 7, 2021, Cisneros was finally able to retain new counsel who now seeks...

Excerpt: ... to the protective order. Monetary sanctions are imposed against Plaintiff and its counsel in the amount of $1,935.00. Defendant, Molina, brings this motion to compel further responses to Request for Production of Documents (Set One) [RPD] Nos. 1‐4, 6‐12, 14‐15, 17‐30, and 32‐34, and to produce all responsive documents. (CCP § 2031.310.) Molina argues that good cause exists for this motion because Plaintiff's responses are inadequate, ...

Excerpt: ...l to the existence of statutory liability must be pled with particularity. (See Searcy v. Hemet Unified School Dist. (1986) 177 Cal. App. 3d 792, 802.) Plaintiff has cited to Government Code §§815.2 and 820. The elements of intentional infliction of emotional distress are: (1) extreme and outrageous conduct by the defendant with the intention of causing or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's...

Excerpt: ... disclose or any actionable omissions. Defendant argues that the Fraud cause of action is barred by the economic loss rule. Third Cause of Action ‐ Violation of Civ. Code §1793.2(a)(3): Civil Code §1793.2(a)(3) provides: “Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: … (3) Make available to authorized service and repair facilities sufficient service literature an...

Excerpt: ...hological records for Decedent. Plaintiff requested that subpoenas be withdrawn, but Defendant refused. Plaintiff now moves to quash the Valley Star and Arrowhead subpoenas. A motion to quash a subpoena may be granted on the ground that the subpoena is defective or that the matters sought to be discovered are privileged, protected, or beyond the scope of discovery. (Cal. Code Civ. Pro. § 1987.1(a); 2017.010; Rudnick v. Superior Court (1974) 11 C...

Excerpt: ... to Sell recorded 1/6/21; 5. Notice of Rescission of Notice of Default recorded 5/7/21. The request for judicial notice is granted under Evidence Code section 452. The court may take judicial notice of recorded documents and the particular documents identified concern the subject matter of the present complaint. First Cause of Action for Fraud The allegations of fraud are based upon the representation purportedly made by defendant Hu in January 2...

Excerpt: ...e type of personnel records sought. The Court conducted an in‐camera review, and declined to produce any documents. This is Plaintiff's third Pitchess motion. Although the request is narrow, once again, he is seeking information from Captain Horn's personnel file about his personal data (employment history and religion.) Specifically, Plaintiff seeks another in camera review by the Court as to the following: where Horn became a police officer; ...

Excerpt: ...tiff. He contends defending in California is unfair. Plaintiff contends that specific jurisdiction applies because of his activities with Thurman which impacted Plaintiff. He contends that Field assisted Thurman in the scheme to commit fraud. He argues purposeful availment based on Gilmore Bank v. AsiaTrust New Zealand, Ltd. (2014) 223 Cal.App.4th 1558. Field promoted his services to Thurman and others for asset protection via Nevada laws. Field ...