Excerpt: ...that the subpoena is overbroad and inadequately describes the documents to be produced. The subpoena at issue requests production of business records as follows: Any and all cellular, mobile, telephone, text messages, voice or data communication billing, log, or other writing, which reflects each cellular, mobile, telephone, text messages, voice or data communication received or transmitted by cellular telephone number (661) 431‐4548 in which c...

Excerpt: ...on (Defendant Specialty Insurance Agency, Inc.); (4) Breach of Contract; (5) Constructive Trust; and (6) Accounting. Defendants American Automobile Insurance Company and Specialty Insurance Agency, Inc. demurred to the 3rd through 6th causes of action and moved to strike portions of the First Amended Complaint. The Court sustained without leave to amend as the Plaintiff's claim for accounting (6th), and sustained with leave as to Plaintiff's brea...

Excerpt: ... injury, as in this case, must be presented to the governmental entity within six months of accrual of the cause of action and must be delivered or mailed to the clerk, secretary, auditor or governing body of such entity at its principal office. (Gov. Code, §§ 911.2(a); 915(a).) The time limit runs from the date the claimant's right to sue arises. (Gov. Code, § 911.2(a).) This is the date upon which the statute of limitations would begin to ru...

Excerpt: ...is interfering with HOA's ability to conduct needed repairs and in doing so is violating HOA's rights as well as rights of other homeowners within the HOA, who are not able to have regular access to hot water. The injunction is necessary to prevent what would otherwise be an irreparable injury to the HOA and its members. There is ample evidence before the Court demonstrating that absent an injunction Defendant Southerland will preclude HOA from m...

Excerpt: ... injury, as in this case, must be presented to the governmental entity within six months of accrual of the cause of action and must be delivered or mailed to the clerk, secretary, auditor or governing body of such entity at its principal office. (Gov. Code, §§ 911.2(a); 915(a).) The time limit runs from the date the claimant's right to sue arises. (Gov. Code, § 911.2(a).) This is the date upon which the statute of limitations would begin to ru...

Excerpt: ...t Amended Complaint. Under Code of Civil Procedure section 438, a defendant may move for judgment on the pleadings if the court lacks jurisdiction of the subject of the cause of action alleged in the complaint or if the complaint fails to state sufficient facts to constitute a cause of action. (Code Civ. Proc., § 438(b).) The grounds for the motion must appear on the face of the challenged pleading or from matters subject to judicial notice. (Co...

Excerpt: ... (2) Failure to Provide Meal Breaks; (3) Failure to Provide Rest Period; (4) Failure to compensate for all hours worked, Wage Theft, Liquidated Damages; and (5) Failure to Provide Accurate Wage Statements. Here, although the wage and hour claims are sufficiently alleged against the Paydar Defendants, these claims are not sufficiently alleged against individual Defendant Reza Paydar. No facts are alleged to state whether Reza Paydar is Plaintiff's...

Excerpt: ...ompel the deposition of Defendant Huerta. Huerta appeared at his January 8, 2021 deposition, but refused to answer any questions on the grounds it would violate his 5th Amendment Rights in light of his pending murder charges arising out of the death of Mark Kristoferrson. Thereafter, on March 16, 2021, Huerta's counsel brought a Motion to Stay Civil Proceedings or, alternatively, for a Protective Order. The Court denied the motion, advising the p...

Excerpt: ...t Timothy Corr. The term of the lease was for five years. (Complaint, Exhibit “B”.) When the term expired, the tenant remained in possession and the lease became a month‐to‐month lease. In the spring of 2020, plaintiff served defendant with a notice to quit over the alleged failure to pay rent. (Complaint, Exhibit “C”.) An unlawful detainer action was filed but then dismissed as defendant was no longer in possession of the property. T...

Excerpt: ...ion of emotional distress) and Page 4 of 8 fourth (intentional interference with prospective economic advantage) causes of action fail to state sufficient facts. The Court agrees. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evid...

Excerpt: ...10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, ...

Excerpt: ...timidation by a co‐worker, maintenance supervisor Ramirez. (TAC, ¶ 40(a)‐(b), (i)‐(n), 41‐42.) Plaintiff alleges that from mid‐2016 and May 31, 2017, the Choi Defendants owned and operated the Motel and that the Choi Defendants, among others, were aware of Ramirez's offensive conduct, which occurred during work hours. (TAC, ¶ 40(c).) Despite Plaintiff's repeated complaints to the Choi Defendants – and in particular, Chris Choi – t...

Excerpt: ...se language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. Ci...

Excerpt: ...r sale by Defendant/Cross‐Defendant Lux Box Agency, which owned and operated by Defendant Laurie Ann Moulton and Cross‐Complainant Fischer. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code Civ. Proc., § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the ...

Excerpt: ... intoxicated, struck their vehicle with his. The FAC also alleges that Defendant's conduct was willful and carried out with conscious disregard of the rights and safety of others as evidenced by the fact that after the accident Defendant fled the scene so that he could consume food and drink in order to lower his blood‐alcohol level. The Complaint sets forth causes of action for motor vehicle negligence and general negligence. The Court finds t...

Excerpt: ...f serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded. A “related cause of action” is defined as, “a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in the complaint.” (Code Civ. Proc., § 426.1...

Excerpt: ... estate is unable to pay for arbitration. Plaintiff has failed to explain the anticipated cost or length of the arbitration, the size or assets of the estate, or why estate proceeds were distributed or when. In fact, Plaintiff failed to mention the existence of a trust holding the decedent's assets until the issue was raised in opposition to this motion. (See Reply, p. 5:2‐4.) Moreover, while Plaintiff appears to suggest that the estate has deb...

Excerpt: ...se language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. Ci...

Excerpt: ...hase. It argues that under Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 (“Felisilda”), it may enforce the arbitration provision in the Contract, or that Lara should be estopped from asserting that it may not enforce the agreement. The arbitration provision at issue here states: Any claim or dispute, whether in contract, tort or statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrabili...

Excerpt: ...itlement to judgment as a matter of law as to all causes of action. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code Civ. Proc., § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to...

Excerpt: ... for “Intrusion Upon Seclusion” at ¶¶75 through 79; (4) Cross‐Complaint ¶24(b) “Trimming Mr. Bordewick's tree and plants without his consent”; (5) Cross‐Complaint ¶53(b) “Trimming Mr. Bordewick's tree and plants without his consent”; (6) Cross‐Complaint entire “Ninth Count” for “Declaratory Relief” at ¶¶86 through 88; and (7) Cross‐Complaint entire “Fifth Count” for “Negligence” at ¶¶ 67‐71. As to Dan...

Excerpt: ... for “Intrusion Upon Seclusion” at ¶¶75 through 79; (4) Cross‐Complaint ¶24(b) “Trimming Mr. Bordewick's tree and plants without his consent”; (5) Cross‐Complaint ¶53(b) “Trimming Mr. Bordewick's tree and plants without his consent”; (6) Cross‐Complaint entire “Ninth Count” for “Declaratory Relief” at ¶¶86 through 88; and (7) Cross‐Complaint entire “Fifth Count” for “Negligence” at ¶¶ 67‐71. As to Dan...

Excerpt: ...for negligence. Complete Comfort demurrers alleging the second cause of action for intentional infliction of emotional distress fails because no extreme or outrageous conduct is alleged and the third cause of action for negligence contains improper allegations of emotional distress. To the extent the demurrer challenges a portion of the third cause of action pertaining only to emotional distress, the demurrer is overruled as improper. To withstan...

Excerpt: ...ge 3 of 3 The RFPs at issue are as follows: RFP No. 1: All DOCUMENTS related to the creation of the TRUST. RESPONSE: Defendant incorporates by reference the general objections as if set forth herein. Defendant objects to this request on the grounds that it is overbroad in time and scope, vague and ambiguous, and is not reasonably particularized. Defendant objects to this request on the ground that it invades the right of privacy of the Responding...

Excerpt: .... storage unit, one maintenance garage, outdoor storage for miscellaneous equipment and several vehicles” while employed by Paydar. (FAC, ¶8.) Plaintiff alleges that, through his employment, he was not fully compensated for all hours worked including any overtime hours that he earned. (FAC, ¶11.) In February 2018, Paydar allegedly falsely accused Plaintiff of theft and locked the storage units, improperly keeping Plaintiff's personal property...