Excerpt: ... 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 the fair market value of comparable services in the community. (ld.) "Padding" is not subject to compensation. (See Graham v. DaimlerCh...

Excerpt: ... interfere with Plaintiffs' rights. This case was set for trial, and Defendants had filed a motion for summary judgment that was pending when Plaintiffs voluntarily dismissed the case. Now Defendant Associations move for prevailing party attorneys' fees under Civil Code sections 1717 and 5975. Each Defendant asserts that it is a prevailing party under the Annexation Agreement (Section 1717) and that it defeated Plaintiffs' action seeking to enfor...

Excerpt: ...r claims that in January 2023 it and Respondent each conducted independent appraisals of the property at issue and could not come to an agreement as to value. For that reason Pettioner has brought this action. Property insurance policies may call for "appraisal" of the value or amount of any claimed property loss. It is the insured's initial responsibility to establish the "actual cash value" of the property damaged. If the insured disagrees with...

Excerpt: ...generally that he had been working at the Saks store in Palm Desert since 2004, and that in 2017, when he was in his late-40s, he became the assistant general manager. Thereafter, Saks hired a new General Manager, Flaig-Mtnre, who was in his mid-30s. In November 2018, the Regional Marketing Director, Horwitch, asked Peavy for a "favor" consisting of paying $15,Cü3 of his store budget to her store, in Beverly Hills. Peaw,' refused, causing Horwit...

Excerpt: ... and Dickerson, for (1) total equitable indemnity, (2) partial equitable indemnity, (3) contribution, (4) negligence, (5) breach of fiduciary duty, (6) constructive fraud, and (7) declaratory relief. This Cross-complaint was filed after this Court confirmed an arbitration award of $1,552,760.83, pursuant against Defendants Coachillin' Holdings, LLC and Kenneth Dickerson, jointly and severally in the underlying action. The arbitration involved onl...

Excerpt: ...97) 53 Cal.App.4th 1113, 1117.) Responding party, has not met its burden to justify its objections, which are meritless. The requests are not vague, ambiguous, protected by trade secret privilege, work product doctrine, or attorney-client privilege. Notably, there is no privilege log that respond-ng party can point to regarding any of these issues, nor does the Lu declaration support a claim of trade secret. Plaintiff has demonstrated by a fact-s...

Excerpt: ...n paragraph 8. Plaintiff is ordered to comply with Rules of Court, rule 2.112 when filing an amended complaint; failure to do so may result in any amended complaint being stricken in its entirety. Defendants Abramowitz individually, and as trustee of Skyline Holdings, and Alemany move for judgment on the pleadings as to all causes of action. A motion for judgment on the pleadings has the same function as a general demurrer and the same rules gove...

Excerpt: ...t's exercise of his or her constitutionally protected rights of free speech or petition for redress of grievances." (Flatley v. Mauro (2006) 39 Cal.4th 299, 311-312 ("Flatley").) Because not all speech or petition activity is constitutionally protected, not all speech or petition activity is protected by the anti-SLAPP statute. (ld. at p. 313.) To prevail on an anti-SLAPP motion, the moving party must first make a prima facie showing that the cla...

Excerpt: ...stake, inadvertence, surprise, or excusable neglect, which "shall be made within a reasonable time, in no case exceeding six months, after the judgment, or proceeding was taken." Here, default was entered January 5, 2023 and this motion was filed within the six-month limitation period. Section 473, subdivision (b), further provides: Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made...

Excerpt: ...f Acceptance and Objection to the Notice of acceptance to be heard on April 20, 2023. On April 12, 2023, both parties filed briefs regarding their respective positions regarding whether or not Defendant timely accepted Plaintiffs offer in compromise. Then on April 19, 2023, the Court on fts own motion found that no hearings were required after having reviewed both briefs submitted by the parties and entered judgment under the 998. To the extent P...

Excerpt: ... responsive to this request, responding party is ordered to provide an appropriate privilege log along with its further responses. "On receipt of a response to a demand for inspection... , the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequ...

Excerpt: ... (Civ. Code S 1794.) The dispute is as to the amount. Defendant Jaguar asserts, among other things, that Plaintiff is seeking fees for unreasonable, unnecessary, and duplicative work, billed at inflated hourly rates. Jaguar also asserts that no multiplier is warranted. As explained below, the Court awards attorneys' fees of $56,639 and 982.30 in costs. under Civil Code section 1794, the court must make an initial determination as to the actual ti...

Excerpt: ...leges that defendant Juan Olivares was his employee and head mechanic at Alarcon Sons, Inc. Alarcon alleges that on March 8, 2019, he and Juan entered into a contract whereby the property would be conveyed to Juan when Alarcon died or retired, whichever occurred first, as long as Juan remained in the employment of Alarcon & Sons, Inc. for the duration of his career. If Juan retired early, or terminated his employment, Alarcon retained a right of ...

Excerpt: ...of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of a...

Excerpt: ... objections within 30 days of service of notice (CCP S 2030.290). The Court has already found in a prior order that DHSO is deemed to have waived objections to this discovery. Here, it is undisputed that the initial responses were served beyond 30 days from the date on which the discovery requests were served, where no extension was granted, and no motion for relief from waiver has been filed by DHSO. (Code Civ. Proc., "2030.290(a); 2031.300(a))....

Excerpt: ...al property located in Cathedral City. Plaintiff also seeks a judicial declaration that the assignment is void and therefore a cloud on title. Plaintiff alleges that the Complaint seeks only to equitably remove a cloud on title. (Complaint, 3:25.) Although not explicitly alleged in the Complaint, Plaintiff is essentially challenging the foreclosing lender's standing to foreclose on the subject real property on the ground it never acquired the int...

Excerpt: ...the percentage of affirmative votes required to amend an Association's CC&Rs if they require a more than 50% vote if certain qualifying conditions are satisfied. (Civ. Code, 54275.) Civil Code secton 4275 has been utilized by HOAs generally to amend their CC&Rs to seek relief from "super majority" voting requirements as opposed to "majority" voting requirements. No such provision exists in the Davis-Stirling Act regarding the reduction of the per...

Excerpt: ...ause Page 4 of 7 of action, in ordinary and concise language." (Code Civ. Proc., S 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, sour...

Excerpt: ... Department on June 17, 2024. The OSC is returnable to this Department per Local Rule 3116. In this breach of contract case, Plaintiffs move to compel arbitration based on the arbitration provision set out at Article X in the Operating Agreement for Trifecta Tile Concepts. Plaintiffs seek to compel arbitration of all claims in the 0#rative complaint and the cross-complaint by Okner, including as against Cross-Defendant Big Wood Builders Inc. It i...

Excerpt: ...auses of achon with leave to amend. The court's further tentative ruling is to SUSTAIN defendant's demurrer to the second cause of action without leave to amend. The court will OVERRULE the special demurrer. In light of these rulings, the court deems the motion to strike moot. Plaintiffs will be granted 30 days' leave to amend. FACTS Plaintiffs Brandon Hillman ("Hillman") and Integrity Specialists International, Inc. ("ISI") (together, "Plaintiff...

Excerpt: ...ision (b). A verified memorandum of costs is prima facie evidence that costs were necessarily incurred where the costs at issue are expressly permitted by statute and appear to be proper charges. (WhatleyMiller v. Cooper (2013) 212 Cal.App.4th 1103, 1115.) A party moving to tax or strike costs must prcwe that a challenged cost is unnecessary or unreasonable. Code of Civil Procedure section 1032, subdivision (b), provides that "[e]xcept as otherwi...

Excerpt: ...or comply with various sections of the Business and Professions Code. Plaintiffs allege the following causes of action against Defendants: (1) breach of contract, (2) fraudintentional misrepresentation, (3) fraud-negligent misrepresentation, (4) constructve fraud, and (5) violation of Business & Professions Code section 7159.5. The Court finds it cannot compel nonsignatory Plaintiff Portugues to arbitration and that this motion should be denied u...

Excerpt: ...otion for judgment on the pleadings may be made on the grounds that the court lacks jurisdiction, or that the complaint does not state facts sufficient. (Code Civ. Proc., S 438(c)(1)(8).) A motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Richardson- Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1051.) The grounds for a motion for judgment on the pleadings mus...

Excerpt: ...co in question moves for summary judgment or, alternatively, for summary adjudication arguing that there are no triable issues of fact because both causes of acton under the Song Beverly Act, one for breach of implied warranty of merchantability, and one for breach of express warranty are based on aftermarket products installed on the car not covered by any warranty. Summary judgment is granted when a moving party establishes the right to entry o...

Excerpt: ...at there are no triable issues of material fact because there is no evidence that they caused or ignited the fire that ended up damaging Plaintiffs' property, nor is their evidence that they were in any way negligent. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code Civ. Proc„ S 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is ...

Excerpt: ... NNA failed to serve responses. On January 6, 2023, Plaintiff served a Notice of Deposition of NNA's Person Most Knowledgeable and Request for Documents (the "Depo Notice"). On January 18, 2023, NNA served objections to the dc„cument demands and matters for examination contained within the Depo Notice. Plaintiff served an Amended Depo Notice, and on February 10, 2022, Defendant served its objections. Plaintiff subsequently moved to compel initi...

Excerpt: ...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, 549-550.) A dem...

Excerpt: ... James Goldstein. Plaintiffs Arthur and Theresa Elam alleged in their initial complaint the follow-ng causes of action: (1) harassment in violation of Government Code section 12955; (2) discrimination in violation of Government Code section 12955; (3) retaliation in violation of Government Code section 12955; (4) intentional infliction of emotional distress; (5) violation of the Bane Act; (6) violation of the Ralph Act; and (7) violation of Unruh...

Excerpt: ... Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 ("Felisilda"), it may enforce the arbitration provision in the RISC. It argues that it may enforce the arbitration provision under the doctrine of equitable estoppel because the claims against it are inextricably intertwined with the RISC and also that it is a third-party beneficiary of the RISC. The Court disagrees. The arbitration provision in the RISC states in relevant part: Any claim or disp...

Excerpt: ...r the Retail Installment Sales Contract that Plaintiffs signed to effectuate the purchase. Defendant argues that it has a direct right to arbitration under the arbitration provision set forth in the Owner's Handbook. It also argues that under Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 ("Felisilda"), it may enforce the arbitration provision in the Contract. It argues that it may enforce the arbitration provision under the doctrine of equita...

Excerpt: ...c(c).) A plaintiff moving for summary judgment bears the burden to produce admissible evidence on each element of a cause of acton entitling him or her to judgment. (Code Civ. Proc., S 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851.) This means that "a plaintiff who would bear the burden of proof by a preponderance of evidence at trial moves for summary judgment, he must present evidence that would require a reasonable t...

Excerpt: ...LC (2020) 53 Cal.App.5th 486 ("Felisilda"), they may enforce the arbitration provision in the Contract. They also argue that they may enforce the arbitration provision under the doctrine of equitable estoppel because the claims against it are inextricably intertwined with the Contract. The Court disagrees. The arbitration provision at issue here states in relevant part: Any claim or dispute, whether in contract, tort or statute or otherwise (incl...

Excerpt: ..., seventh (declaratory relief), and ninth (temporary restraining order) causes of action. This is an intrafamily dispute regarding ownership of real property. Jonathan Edwards Jones Senior was Plaintiff's uncle. On July 25, 1999, Jonathan Sr. transferred a fifty-percent interest in real property located on Sandspring Drive in Palm Springs to Plaintiff Nicholas E. Jones. (SAC, 10, Exhibit A [grant deedl.) Nicholas and Jonathan Sr. thereafter held ...

Excerpt: ...ing the cause of action, in ordinary and conc:ise language." (Code Civ.Proc., S 425.10.) "[Tlhe complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part ofthe 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 a...

Excerpt: ...lter ego of Hilton Franchise Page 4 of 6 Holding Company or that is otherwise liable under a respondeat superior theory. Plaintiff has produced no evidence to support those arguments or to otherwise overcome summary judgment. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code Civ. Proc„ S 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that t...

Excerpt: ...ght of a pending appeal. Petitioners alternatively seek an order issuing a discretionary stay pending their appeal of the August 31, 2022 order. The motion was initially filed as an ex parte application on March 28, 2023, but the Court denied ex parte relief due to Petitioners' failure to make out a sufficient showing of exigency. (See Cal. Rules of Court, rule 3.1202.) Subsequently, on April 04, 2023, Petitioners filed an ex parte application to...

Excerpt: ... Contract that Plaintiff signed to effectuate the purchase. 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. It argues that it may enforce the arbitration provision under the doctrine of equitable estoppel because the claims against it are inextricably intertwined with the Contract. It further agues that it is a third-party beneficiary of the RISC and t...

Excerpt: ... alleges she suffered from pressure sores, dehydration, malnourishment, and acute kidney disease, and that she was not cared for appropriately. She alleges four causes of action, only two of which are at issue here, i.e„ the second and fourth causes of action. As the parties have stipulated that the fourth cause of action should be sustained without leave to amend, the Court will only address the second cause of action. To withstand a demurrer ...

Excerpt: ...ong other things. Defendant has subpoenaed records from various third-parties that purportedly relate to Plaintiff's damages claims. Plaintiff has moved to quash those subpoenas. At issue here is a subpoena to Dr. William Longfellow. Plaintiff claims that the subpoena is defective because it did not comply with Code of Civil Procedure section 1985.3's requirements pertaining to Notice of Consumer. Defendant has provided ample evidence demonstrati...

Excerpt: ...the policy, nor was his vehicle insured under the policy. Petitioner has not filed any reply addressing these facts. A petition to compel arbitration '"is in essence a suit in equity to compel specific performance of a contract."' " (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 411 ("Rosenthal") quoting Spear v. California State Auto. Assn. (1992) 2 Cal.4th 1035, 1040.) "[Wlhen a petition to compel arbitration is filed ...

Excerpt: ...the purchase. 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. It argues that it may enforce the arbitration provision under the doctrine of equitable estoppel because the claims against it are inextricably intertwined with the Contract. The arbitration provision at issue here states in relevant part: Any claim or dispute, whether in contract, tort or s...

Excerpt: ... restraining and enjoining Defendants, and DOES 1 through 20, inclusive, their managers, servants, agents, officers, employees, and all other persons acting on their behalf and/or at their direction from harassing or threatening Plaintiffs." 2. Paragraph 3 of plaintiffs' prayer for relief, which provides as follows: "For statutory and treble damages." 3. Paragraph 8 of plaintiffs' prayer for relief, which prov-des as follows: "For statutory damag...

Excerpt: ...Showcase Parkway, Indio, California, including from bringing any achon for unlawful detainer, pending the outcome of the arbitration proceeding in ß„QA case Builder Services Group, Inc. v. W-GL Showcase Industrial Owner IX. L.P. and Spectrum Grande LLC (Case No. 01-23-0001-1275). Plaintiff Builder Services Group ("BSG") seeks to enjoin its landlord, Defendant W-GL Showcase from evicting it during the pendency of an arbitration proceeding. The ...

Excerpt: ...rassment, gender discrimination, retaliation, failure to prevent harassment, and wrongful termination. Plaintiff argues that this motion should be denied because the arbitration agreement is unconscionable and is prohibited under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, 9 U.S.C. SS 401, 402. The Court disagrees. A petition to compel arbitration in essence a suit in equity to compel specific performance of a contr...

Excerpt: ...am & Caplin LLP. An attorney or unrepresented party who presents a pleading, motion or similar paper to the court makes an implied certification as to its legal and factual merit, and a violation of this implied certification subjects the attorney and/or party to sanctions. (Code Civ. Proc., 5128.7; Murphy v. Yale Materials Handling Corp. (1997) 54 Cal.App.4th 619,623; see also Code Civ. Proc., S 128.5 [authorizing the imposition of sanctions "to...

Excerpt: ...se language." (Code Civ. Proc., S 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. City of Los...

Excerpt: ...ficiencies in this iteration of the complaint. The SAC alleges as follows. In the early 1960s, Desert Bermuda Development Company was formed to subdivide and develop a large tract of land in Bermuda Dunes, which consisted of the Bermuda Dunes Airport, adjoining subdivision of homes with airpark (later designated as Tract 2508), and the Bermuda Dunes Country Club. (SAC, '123.) The subdivision included 19 residential lots adjoining the Airport. (SA...

Excerpt: ...argues that under Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 ("Felisilda"), it may enforce the arbitration provision in the Contract. It further argues that it is a third-party beneficiary of the Contract and that it did not waive its right to seek arbitration. The arbitration provision at issue here states in relevant part: Any claim or dispute, whether in contract, tort or statute or otherwise (including the interpretation and scope of t...

Excerpt: ...tions 405.22 and 405.23. Plaintiff filed a supplemental brief and declaration of counsel Nolan, no reply was filed. In connection with an action to foreclose a mechanic's lien, a lis pendens must be recorded to provide constructive notice upon any subsequent purchasers or encumbrancers that the lien claimant has filed a foreclosure complaint within 90 days from the recording of the mechanic's lien. (Code Civ. Proc., S 8461.) The recording of the ...

Excerpt: ...eq.); (3) failure to give preliminary notice; (4) breach of contract; (5) negligence; (6) fraud and deceit; (7) unjust enrichment; and (8) violation of Penal Code section 496. The FAC alleges in pertinent part as follows: Plaintiff REP and Defendant DCC entered into a written agreement backdated to October 16, 2020 ("Contract") whereby DCC was to serve as the general contractor in connection with the construction project referred to as the pharma...