Excerpt: ...ontroverted evidence is insufficient as a matter of law to support the verdict or decision. (Marriage of Beilock (1973) 81 Cal.App.3d 713, 728, 733.) Here, there was a conflict in the evidence as to whether Defendant owed Plaintiff reimbursement for tools under Labor Code section 2802, and substantial evidence supported the trial judge's decision for Defendant on that point. Plaintiff testified he spent $2,000 for tools to carry out his work for ...

Excerpt: ...n the agreement, she agrees not to sue for Defendant's “ordinary negligence.” Plaintiff argues that Defendant's actions fall outside the release because she alleges gross negligence. Plaintiff's complaint alleges that Defendant was grossly negligent because Defendant did not care for the horses and allowed them to become malnourished and dehydrated. Defendant established that it cared for its animals and that the horses were not malnourished ...

Excerpt: ... skill, prudence, and diligence as members of his or her profession commonly possess and exercise, (1) a breach of that duty, (3) a proximate causal connection between the breach and the resulting injury, and (4) actual loss or damage resulting from the attorney's negligence.” (Kumaraperu v. Feldsted (2015) 237 Cal.App.4th 60.) Plaintiff's complaint is brief, but it addresses all four elements. 1. Duty: Defendants agreed to represent plaintiff ...

Excerpt: ...ons as follows: 1. Exhibit E, Defendant Jose Velasco's Answer, overruled as to foundation; sustained as to hearsay for factual assertions in the document. 2. Exhibit F, Defendant Velasco Construction's Answer, overruled as to foundation; sustained as to hearsay for factual assertions in the document. 3. Exhibit J, Traffic collision report, overruled as to foundation. The party objecting to admission of a police report has the burden to show that ...

Excerpt: ... 3 and 7, but only as to the filing of the documents, not the hearsay statements contained in the documents. However, because both documents contain the Ministry's admissions, the contents are admissible. The Ministry's opposition is both untimely and procedurally defective. In its separate statement, the Ministry failed to comply with Code of Civil Procedure section 437c, subdivision (b), subsection (3), and California Rules of Court, rule 3.135...

Excerpt: ...ustrates the purpose of the contract. (Bionghi v. Metropolitan Water District (1999) 70 Cal.App.4th 1358, 1370.) The FAC alleges that there was a “covenant” to act in good faith and deal fairly. (FAC, ¶23). The FAC then relies on the same allegations of breach of contract cause of action. (FAC ¶24.) However, it also alleges that Defendants failed “to act only as and [sic] advisor in governmental relations.” (FAC ¶24.) This allegation g...

Excerpt: ...overy of admissible evidence. None of the questions asked for privileged information or private information protected by the California or United States Constitutions. After reviewing the transcript, the court finds that both counsel acted disrespectfully and unprofessionally. The court puts both parties on notice that if counsel persist, the court will appoint a discovery referee on its own motion under Code of Civil Procedure section 639. The p...

Excerpt: ...mary adjudication as to BSA Framing's eighth cause of action for Declaratory Relief and Applied Underwriters Captive Risk Assurance Company's first crossclaim for breach of contract, because the Reinsurance Participation Agreement (RPA) is void as a matter of law. The Court of Appeal has consistently held that endorsements amending or modifying a workers' compensation policy of insurance must be filed according to state regulations, and failure t...

Excerpt: ...to be excusable neglect. An attorney cannot review what he doesn't have, even if his staff has lost or misplaced it. However, the uncontroverted evidence shows that defense counsel received Plaintiff Francisco's cost bill. Defense counsel has not established that a reasonably prudent attorney would have failed to address the known cost bill in a timely way. The court does not find that Plaintiff would be prejudiced if the court grants the motion....

Excerpt: ... Defendant does not explain the delay after November 2017. On the merits, Defendants have not established that it is legally certain that Plaintiffs' damages will be less than $25,000. (See Walker v. Superior Court (1991) 53 Cal.3d 257, 269‐270; Ytuarte v. Superior Court (2005) 129 Cal.App.4th 266, 278.) According to the materials filed with the motion, economic damages could range from $8,500 to about $18,000. It is reasonably possible that a ...

Excerpt: ...t (1962) 58 Cal.2d, 220.) Defendant's arguments that the interrogatories ask for irrelevant information are unpersuasive. Defendant's arguments that he does not know what facts are material because the Plaintiff filed a poorly drafted complaint is unpersuasive. Defendant filed an answer with 14 affirmative defenses, not a demurrer, so Defendant has some understanding of what material facts might support his denial in Form Interrogatory 15.1. For ...

Excerpt: ...aintiff must plead claims with particularity. (G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) The court may read the complaint as a whole to determine Page 3 of 3 facts in context. (Perkins v. Superior Court (General Tel. Directory Co.) (1981) 117 Cal.App.3d 1, 6‐7.) The First Amended Complaint (FAC), as a whole, sufficiently alleges sexual harassment, which supports a claim for punitive damages. The FAC alleges that Defendan...

Excerpt: ...as based on a protected class (i.e., age, disability) ; and 3) the harassment was “so severe or pervasive” as to alter the conditions of his employment and create an abusive working environment. (Fisher v. San Pedro Peninsula Hosp. (1989) 214 Cal.App.3d 590, 608; Hughes v. Pair (2009) 46 Cal.4th 1035, 1043.) Harassment includes verbal harassment (such as epithets, derogatory comments or slurs on the basis of a protected class), physical haras...

Excerpt: ... overrules for the third cause of action overruled. Consent is not effective if fraudulently obtained. (Barbara A. v. John G. (1983) 145 Cal.App.3d 369, 375; Rains v. Sup. Ct. (Center for Feeling Therapy Psycho. Corp.) (1984) 150 Cal.App.3d 933, 940.) Plaintiff alleges that she consented to spinal fusion surgery based on fraudulent representations by Defendant. (SAC, ¶¶ 90‐98; see also ¶¶ 120‐122.) Fourth, fifth, and sixth causes of actio...

Excerpt: ...f alleges is a violation of the Fourth Amendment. (Request for Judicial Notice (RJN), Ex. 1, Section 5.) The Bane Act cause of action substantially corresponds to the claims presented in the Torts Claim because Plaintiff alleges that Deputy Greco committed violent acts to interfere with Decedent's right to be free of excessive force and unreasonable searches and seizures. This allegation complies with the Torts Claim Act requirements under the su...

Excerpt: ...urt finds that the alleged mistake of law is the result of professional incompetence based upon erroneous advice, general ignorance of the law or lack of knowledge of the rules, or unjustifiable negligence in the discovery or research of the law, laxness or indifference, normally relief will be denied”] [citations and internal quotation marks omitted].) Moreover, an attorney's duty of competence includes “the obligation to know those plain an...

Excerpt: ...owledge of material facts not known to the plaintiff; 3) when the defendant actively conceals a material fact; or 4) when the defendant makes partial representations but suppresses other material facts. (Hoffman v. 162 North Wolfe LLC (2014) 228 Cal.App.4th 1178, 1186.) When one party knows material information, but not the other party, failure to disclose is not fraud unless the parties have a relationship. (Id. at 1187) A relationship between t...

Excerpt: ...ement. Page 4 of 4 The original limited partnership agreement contains an arbitration provision, but Plaintiff did not sign it. Golden Taste and Plaintiff Xiang allegedly executed a first amendment to the original agreement, but that amendment does not contain an arbitration provision. It has no language binding Plaintiff to the terms of the original partnership agreement. It says that the original partners executed the agreement on December 20, ...

Excerpt: ...cts Plaintiff's right to privacy as conditions unrelated to the claim or injury. (Britt v. Superior Court (1978) 20 Cal.3d 844, 864 (Britt).) Mere speculation that some portion of additional records might be relevant to some substantive issues does not outweigh the plaintiff's privacy rights. (Davis, supra, 7 Cal.App.4th at 1017.) The party seeking discovery must show a “particularized need for the confidential information sought.” (Britt, su...

Excerpt: ...App.3d 59, 73.) Plaintiff must plead facts that show how, when, where, to whom, and by what means Defendant made false representations. (Id., citing Hill Transp. Co. v. Southwest Forest Industries, Inc. (1968) 266 Cal.App.2d 702, 707.) Here, the First Amended Complaint (FAC) does not satisfy those elements. For the eighth and ninth causes of action, Plaintiff alleges specific performance and injunctive relief. These are remedies, not causes of ac...

Excerpt: ...reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement. (See Lipton v. Superior Court (1996) 48 Cal.App.4th 1599, 1611.) Admissibility is not the test. Discovery is permissible if it is reasonably calculated to lead to admissible evidence. (Lipton, 48 Cal.App.4th at 1611.) Warranty and repurchase policies meet this definition in this case. The parties did not meaningfully meet and confer to define “Pow...

Excerpt: ...pondeat superior. (Monell v. Department of Social Services (1978) 436 U.S. 658, 691.) Instead, an agency can be liable only based on policy, custom or practice. (Id. at 690.) Furthermore, an agency cannot be liable for a single act unless there is proof that the agency had a policy that caused the act. (City of Oklahoma City v. Tuttle (1985) 471 U.S. 808, 820‐821.) Plaintiff does not plead policy, custom or practice anywhere in the complaint. T...

Excerpt: ....5th 996, 1007.) Court denies the motion for summary judgment for Defendant Susan Senkbeil. Court grants the motion for summary adjudication for the fourth and seventh causes of action and denies the Page 3 of 4 motion for the remaining causes of action. The undisputed facts do not establish why Defendant Susan Senkbeil is individually liable, why she is liable for negligent misrepresentation, or why she is liable for the consequential damages Pl...

Excerpt: ...intiff can cure the defect. (Cabral v. Soares (2007) 157 Cal.App.4th 1234, 1240.) Public Utilities Code section 7951 requires willful and malicious injury. It does not define “willful” or “malicious,” and no case interprets those terms as used in the statute. In other contexts, willful misconduct requires either knowledge that serious injury will probably result or wanton and reckless disregard. (Colich & Sons v. Pacific Bell (1988) 198 C...

Excerpt: ...scovery occurred after a pattern of fraud emerged. The court would have to do fact‐ finding beyond the complaint and judicially noticeable facts to resolve when complaining party could have reasonably discovered the alleged fraud. For that reason, Defendant fails to meet that burden. The court finds State of California ex rel. Metz v. CCC Information Services, Inc. (2007) 149 Cal.App.4th 402 (Metz), distinguishable. First, that case involved a ...