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: ...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: ...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: ... (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: ... 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...