Excerpt: ...h 1253, 1255.) Here, the motion seeks to strike punitive damages allegations from the Complaint. Such a motion lies where the facts alleged in a pleading do not rise to the level of “malice, fraud or oppression” required to support a punitive damages claim. (Turman vs. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63.) Civil Code section 3294 provides that exemplary damages are allowable where the defendant is guilty of...

Excerpt: ...t the matters sought to be discovered are privileged, protected, or beyond the scope of discovery. (Code Civ. Proc., § 2017.010; Rudnick v. Superior Court (1974) 11 Cal.3d 924, 929.) Under the discovery statutes, information is discoverable if it is not privileged and is either relevant to the action's subject matter or reasonably calculated to reveal admissible evidence. (Schnabel v. Superior Court (1993) 5 Cal.4th 704, 711.) When discovery con...

Excerpt: ...a matter of law. 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 cannot be established or that there is a complete defense to that cause of ac...

Excerpt: ...ablishes 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 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 (...

Excerpt: ...and (4) dangerous condition of public property. IID's motion argues summary judgment or adjudication should be granted because IID Regulation 14 bars liability as a matter of law as to the fourth cause of action for dangerous condition under Government Code section 835. The motion does not address any other cause of action. IID Regulation 14, provides that “[t]he District will exercise reasonable diligence and care to furnish and deliver a cont...

Excerpt: ...Amended Complaint actually alleges that the County's liability stems from a dangerous condition of public property. Specifically, the First Amended Complaint alleges: • Hurricane Rosa caused severe flash flooding which destroyed Box Canyon Road and cost over $3 million to repair. • On September 30, 2018, Box Canyon Road was in a dangerous condition due to "flooding from Hurricane Rosa, combined with the layout and the topography of Box Canyon...

Excerpt: ...ry and concise language.” (Code Civ. Proc., § 425.10.) On demurrer the court must assume the truth of all facts properly pled, facts that may be implied or reasonably inferred from the facts expressly alleged, and evidentiary facts that are in exhibits attached to the complaint. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) The court's task is to treat well‐pleaded allegations in the complaint as true and determine whether the complain...

Excerpt: ...ies or that statements allegedly made by Dalton are attributable to CSD under any theory of vicarious liability. (See Civ. Code § 2339 [“A principal is responsible for no other wrongs committed by his agent than those mentioned in the last section [negligence or omission], unless he has authorized or ratified them, even though they are committed while the agent is engaged in his service”]; Delfino v. Agilent Technologies, Inc. (2006) 145 Cal...

Excerpt: ...123 Cal.App.3d Supp. 11 (App. Dep't Super. Ct. 1981).) This does not mean that a court ignores other “interests of justice as to parties. (See Barquis v. Merchants Collection Assn. (1972) 7 Cal. 3d 94.) But in a “convenience of witnesses” motion under Code of Civil Procedure section 397, subdivision (c), the moving party has the burden of proof. (Hamilton v. Superior Court (1974) 37 Cal.App.3d 418.) Moreover, a corporate defendant seeking c...

Excerpt: ...s favor each claim in IID's FACC seeking equitable indemnity, implied indemnity, contribution, apportionment, or declaratory relief from Woodspur arising from Nationwide's subrogation action, or the Sun World FACC as it relates to the Nationwide subrogation action (causes of action 1‐3 in the Sun World FACC). Adjudication is denied as to the remaining claims seeking equitable indemnity, implied indemnity, contribution, apportionment, or declara...

Excerpt: ...ium unit. Plaintiff contends that he purchased the condominium believing that he would have access to, and the right to use, the immediately adjacent pool area. Plaintiff alleges in the First Amended Complaint that after he completed his purchase of the condominium, he learned that the pool area was owned by a home owners' association other than the one he belonged to as an owner of the condominium; meaning Plaintiff had no right to access or use...

Excerpt: ... on each of them asserting lack of personal jurisdiction. Defendants argue that they did not receive mailed copies after substituted service was effectuated by a licensed processed server, and that service on the agent for service of process for either LLC was improper because “Steve Doe,” the person who answered the door at the agent's address was not authorized to accept service on behalf of the LLCs. In addition, Defendants argue that the ...

Excerpt: ...App.4th 99, 104.) The burden is on the prevailing party to demonstrate that fees were allowable, reasonably necessary, and in a reasonable amount, “both from the standpoint of time spent and the amount charged.” (Warren v Kia Motors Inc. (2018) 30 Cal.App.5th 24, 35‐ 36.) This is consistent with the lodestar calculation, a function of hours reasonably expended multiplied by the reasonable hourly rate, which may be adjusted to fix a fee at t...

Excerpt: ...ieves that the employee disclosed or may Page 3 of 4 disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that th...

Excerpt: ...ntiary 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, 549‐550.) A court considering a demurrer must assume the truth of all facts properly pled, fac...

Excerpt: ...]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of ...

Excerpt: ...62, 1066.) Demurring party argues that the Cross‐Complaint is insufficiently pleaded in that it does not establish that Cross‐Defendant Peters exerted dominion or ownership over the property in question and that Culverson could have retrieved his property. The Court rejects these arguments. The Cross‐Complaint sufficiently pleads all elements of conversion, and alleges that Peters entered the home Culverson was renting from Peters, and the ...

Excerpt: ...418, subdivision (e)(3), so the Court considers this request on the motion of Defendant Smith. “The doctrine of forum non conveniens is rooted in equity. It allows a court to decline to exercise its jurisdiction over a case when it determines that the case ‘may be more appropriately and justly tried elsewhere.' [Citation.] The Legislature endorsed the application of this principle by enacting section 410.30, which states, in subdivision (a), ...

Excerpt: ...ctivity is constitutionally protected, not all speech or petition activity is protected by the anti‐SLAPP statute. (Id. at p. 313.) To prevail on an anti‐SLAPP motion, the moving party must first make a prima facie showing that the claims arise from the defendant's exercise of free speech or petition rights as defined in Code of Civil Procedure, section 425.16(e). (Brill Media Co., LLC v. TCW Group, Inc. (2005) 132 Cal.App.4th 324, 330.) Once...

Excerpt: ...ave an outstanding balance of $112,619.47. Plaintiff filed this action on 7/3/19, and filed the First Amended Complaint (FAC) as a matter of right on 8/1/19. The FAC asserts: (1) breach of contract; (2) open book account; (3) recovery on release of mechanic's lien; (4) account stated; (5) quantum valebant; (6) guaranty; and (7) recovery on contractor's license bond. SR Construction seeks to intervene as a defendant in intervention as it has an in...

Excerpt: ...des: If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property that belongs to a principal under a power of attorney, or has taken, concealed, or disposed of property that belongs to a principal under a power of attorney by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code, the...

Excerpt: ...wish to burden the court.” Aside from the obvious impropriety of withholding all of the supposedly new evidence from the Court and opposing party so that it could be put forward in “a supplement prior to the hearing date,” and then including other portions only in the reply and not in the motion itself to eliminate the opposing party's ability to respond, the Court finds that: (1) the evidence was not “newly” discovered; (2) Yann was no...

Excerpt: ...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 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...

Excerpt: ...e a cause of action, and that Plaintiffs are not entitled to bring this action because they have failed to comply with Code of Civil Procedure section 377.32. The Court rejects these arguments. Plaintiffs allege that they are the decedent's only heirs and that Page 3 of 3 they take through intestate succession. (FAC ¶ 3.) They also allege that “[a]t the time of the incident, THE PROPERTY was or had been previously owned, maintained, constructe...

Excerpt: ...all Claims” against JFK and any of its “employees,” “joint venturers,” and “affiliate entities,” “relating to or arising from” the dispute between Dr. Lifschutz and JFK as part of the August 14, 2015 Settlement Agreement between Lifschutz and JFK. The release is a complete bar to all causes of action against all named Defendants in this action. The Agreement, which was signed with the benefit of counsel, contains the following p...