Excerpt: ...sation insurance company) initial decision finding Clausman's injuries were not work related. Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code of 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 ...

Excerpt: ... action for conspiracy or tortious interference with contractual relationship. Plaintiff contends that the cause of action was erroneously titled and that it seeks to recover for conspiracy or, alternatively, for tortious interference with the Settlement Agreement and the Lease, neither of which demurring Defendants are party to. “Conspiracy is not a cause of action, but a legal doctrine that imposes liability on persons who, although not actua...

Excerpt: ...invested in Crossley, or other entities, in connection with a “build out” of numerous lease properties. CrossComplainants allege two causes of action, one for fraud and deceit and one for negligent misrepresentation. With respect to Cross‐Complainant King, the individual, both causes of action are uncertain. As pleaded, the Cross Complaint does not plead any individual claim for fraud or deceit or negligent misrepresentation, and appears to...

Excerpt: ...urally or substantively unconscionable. Per the Agreement, this matter is to be submitted to the American Health Lawyers Association Alternative Dispute Resolution Service. Parties are ordered to submit this matter to the AHLA ADRS within 15 days from the date notice of this order is served by Defendants on Plaintiffs. This matter is stayed with respect to Dr. Solof only, per Code of Civil Procedure section 1281.4 Page 5 of 6 and an OSC re comple...

Excerpt: ...by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code of Civ. Proc., § 437c; Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendant has made such a showing, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of act...

Excerpt: ...r Code of Civil Procedure section 437c, subdivision (h), or otherwise, nor has it provided the Court with any explanation for why the opposition was untimely and served it a way unlikely to ensure that moving defendants would receive it before the hearing. The Court will not consider the late‐filed and served opposition or any of the related filings. As to the merits of the motion, there are no triable issues of material fact. Moving defendants...

Excerpt: ...ate facts constituting a cause of action. Jurado asserts that the first and second causes of action are barred by the applicable statute of limitations, which is either 1 year or 3 years under Code of Civil Procedure section 338, subdivision (f), in an action brought against a notary acting in an official capacity based on misfeasance or malfeasance. Based on the allegations in the complaint, it appears that Plaintiff Sanchez's first and second c...

Excerpt: ...ithout leave to amend only as to the minor Plaintiffs, who lack standing to pursue those causes of action. The demurrer to those causes of action is overruled as they relate to Plaintiffs Manuel Dominguez and Marisella Benavidez. The demurrer to the 5th (nuisance), 6th (battery), and 7th (intentional infliction of emotional distress), causes of action is sustained with 30 days leave to amend as to all Plaintiffs. The demurrer is overruled as to t...

Excerpt: ... they are fatally uncertain and that Plaintiff Jeanne Gonzales lacks standing to sue on decedent Ana Gutierrez's behalf. 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 evidentiary fact that might eventually form part of the plainti...

Excerpt: ...elief asserting that Plaintiff HOA has not alleged any actual, present, existing, or ripe controversy pertaining to the parties' respective rights and duties under the HOA's governing documents. Under Code of Civil Procedure section 1060, a party may seek a declaration from the court as follows: Any person interested under a written instrument, excluding a will or a trust, or under a contract, or who desires a declaration of his or her rights or ...

Excerpt: ...ded sufficient facts to support their fourth cause of action. Specifically, they allege that the PownerNet in the Subject Vehicle is defective and thus fails to reliably control and distribute power to various electrical systems and component parts throughout the vehicle, including but not limited to its electronic gear shifter and its supplemental restraint system. (Complaint ¶¶ 26‐ 20 28, 179‐182.) They allege that the PowerNet architectu...

Excerpt: ...all fail because Cross‐Defendants Lamas and Sanders were agents or employees of Lamas Beauty Inc., and therefore could not have interfered with a contract to which Lamas Beauty Inc. was a party. Although it is true that corporate agents and employees acting for and on behalf of a corporation cannot be held liable for inducing a breach of the corporation's contract (Mintz v. Blue Cross of California (2009) 172 Cal.App.4th 1594), here the Fifth A...

Excerpt: ...t cannot reasonably determine what issues must be admitted or denied, or what claims are directed against them. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) The First Amended Complaint is not uncertain, nor does the demurrer contain any specific arguments as to this issue. The demurrer also asserts that each cause of action fails because Diamond Generating is not an “owner” of the premises where the accident occurred...

Excerpt: ...d been vacated, and in informing banks and lenders not to refinances or otherwise encumber said properties due to said void abstracts, Lis pendens and liens [sic.], EDELSTEIN knew and intended to thereby cloud STORCK's tilte [sic.] to said properties and to thereby influence the conduct of third parties to not lend[,] finance, encumber or in any manner transact with said properties.” The Court found these allegations were insufficient to state ...

Excerpt: ... decisions of the Appeals Board on a petition for writ of mandamus, the trial court “ ‘ “exercises its independent judgment on the evidentiary record of the administrative proceedings and inquires whether the findings of the administrative agency are supported by the weight of the evidence.” ' ” (Paratransit, Inc. v. Unemployment Ins. Appeals Bd. (2014) 59 Cal.4th 551, 562 (“Paratransit”).) Petitioner has the burden of proving that ...

Excerpt: ... on September 11, 2020, which trial date was vacated by general orders issued by the Presiding Judge of this Court as a result of pandemic‐related partial court closures. After re‐opening, civil departments began accepting new motions on June 1, 2020. At issue here is what DRMC has entitled an “amended petition” to compel, which was not filed until September 8, 2020. DRMC has actually been litigating this matter outside of arbitration sin...

Excerpt: ...d by the Presiding Judge of this Court as a result of pandemic‐related partial court closures. After re‐opening, civil departments began accepting new motion on June 1, 2020. At issue here is what DRMC has entitled an “amended petition” to compel, which was not filed until September 4, 2020. DRMC has actually been litigating this matter outside of arbitration since 2016, when named respondent Fontana filed a wage claim with the Labor Comm...

Excerpt: ...ith leave to amend. To support a demand for punitive damages under Civ. Code §3294, a plaintiff must plead and prove facts demonstrating malice, oppression or fraud. (Civ. Code, § 3294(c).) Malice is “conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct Page 5 of 5 which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others,” while oppression is d...

Excerpt: ...ng Shawkat's deposition. As to financial condition discovery Plaintiffs demand, among other things: (1) salaries, fees, dividends and other compensations paid by 68‐444; (2) disbursements from account receivables, including cash receipt journals, cash disbursement journals, payroll journals, sale journal and all general ledgers since June 1, 2018; (3) contracts (including financing) related to the premises; (4) the net worth of 68‐444; and (5...

Excerpt: ...s, however, appropriate to deny leave to amend where a proposed amendment fails to state a cause of action, where a plaintiff has inexcusably delayed seeking permission to amend, or where probable prejudice to an opposing party supports denial of the amendment. (Oakland Raiders v. National Football League (2005) 131 Cal.App.4th 621, 652; Estate of Murphy (1978) 82 Cal.App.3d 304, 311.) Here, all defendants appear to oppose the motion on the groun...

Excerpt: ...eed auto accident where liability was not contested. During the course of litigation, Defendant Bertone served two offers under Code of Civil Procedure section 998. Under section 998, if a defendant makes an offer of settlement that plaintiff fails to accept, then the defendant's allowable costs under Code of Civil Procedure sections 1031 and 1032 may be shifted to the plaintiff, and plaintiff precluded from recovering its post‐offer costs, if ...

Excerpt: ...nd grants the motion with respect to all requests at issue (numbers 26‐ 29 and 32‐35). “[D]iscovery from a nonparty may be obtained only by ‘deposition subpoena'. Such a subpoena may be used to conduct an ‘oral deposition,' a ‘written deposition,' or a ‘deposition for production of business records and things.'” (Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 130.) Here, Moreland has produced some documents in response...

Excerpt: ...rom Plaintiffs' employment relationship and Plaintiffs do not adequately allege that Desert Falls Villas Master Association is their employer. {See FAC ¶¶ 7‐8.} Plaintiffs' allege in the First Amended Complaint that all Defendants “are a single employer for purposes of liability” and that they “jointly employed” Plaintiffs. {See FAC ¶ 17.} Here, the First Amended Complaint is not uncertain. (See Khoury v. Maly's of Calif. Inc. (1993)...

Excerpt: ...demurring Defendant under any theory. It is unclear what if any Miracle Education is alleged to have taken against Plaintiff. The Second Amended Complaint merely alleges, as to each cause of action, that Miracle Education is liable for the actions of its agents, representatives, or directors, the Digiulios. The Second Amended Complaint does not, however, state sufficient fats to demonstrate that the Digiulios had authority to act on behalf of Mir...

Excerpt: ...ry and Davis. Singletary and Davis seek fees totaling $228,033.50, which amount was the amount jointly and severally owed by each of the four defendants, two of whom did not participate in the appeal. Plaintiff Alexander asserts that fees should be one half of the lodestar amount sought, because Singletary and Davis are not entitled to all fees incurred on behalf of all four defendants. Alexander also asserts that the fees sought are excessive an...