Excerpt: ...family trust, is styled as one for breach of contract. It appears to seek damages for breach of an agreement to make Baum the sole beneficiary of there estate plan and, in particular, the eventual inheritor of a condominium in Palm Springs. The Epsteins move for summary judgment and attempt to move for summary adjudication of specific defenses or issues, though the motion does not technically comply with Code of Civil Procedure section 437c(F)(1)...

Excerpt: ...iciently pleaded and not irrelevant, false, or improper on their face per Code of Civil Procedure section 436. A motion to strike lies where the facts alleged in a pleading do not rise to the level of “malice, fraud or oppression” required to support punitive damages. (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 i...

Excerpt: ...s prior orders and detailed explanations to counsel about Huerta's legal obligation to appear and respond to questions, even if responses are objections, Huerta has not complied. Huerta has repeatedly failed to appear in violation of this Court's prior orders, and has not attempted to proffer any justification for doing so. To the extent his counsel claim that they have advised Huerta to appear, they have not filed any evidence with the Court to ...

Excerpt: ... grounds for quashing the subpoena are largely without merit. That said, Wu appears to assert that the subpoena is overly broad, and with that assertion the Court agrees. The subpoena as drafted seeks information not subject to discovery in judgment enforcement proceedings. The subpoena seeks: “[a]ny and all DOCUMENTS AND CORRESPONDENCE, including copies of all signature cards and modified signature cards; documents, including personal and corp...

Excerpt: ...ition to Confirm Contractual Arbitration Award [“Petition”].) The parties participated in a two‐day arbitration, which took place on July 7 and 8, 2022. The result was an arbitration award in favor of Plaintiffs in the total amount of $68,937.75 made on July 26, 2022. (See pg. 50 of Exhibit 8(c) attached to Petition.) The arbitrator also awarded Plaintiffs attorney's Page 3 of 5 fees in the amount of $1,000 in accordance to their lease agre...

Excerpt: ...ition to Confirm Contractual Arbitration Award [“Petition”].) The parties participated in a two‐day arbitration, which took place on July 7 and 8, 2022. The result was an arbitration award in favor of Plaintiffs in the total amount of $68,937.75 made on July 26, 2022. (See pg. 50 of Exhibit 8(c) attached to Petition.) The arbitrator also awarded Plaintiffs attorney's Page 3 of 5 fees in the amount of $1,000 in accordance to their lease agre...

Excerpt: ...ely opinions about Defendant's actions as president of the HOA board and not defamatory. These vague allegations were analyzed in detail in this Court's order denying Defendant's anti‐SLAPP motion, and it appeared at that time that all parties agreed the statements at issue were made in certain emails that were not specifically addressed in the text of the Complaint. It was not clear to the Court at that time that the statements at issue were i...

Excerpt: ...here 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 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 ...

Excerpt: ...ute a cause of action against him because, among other things, he is a designated officer of Defendant HomeSmart, and had no other involvement, directly or otherwise, in this case or transaction. Further, Jeppson and HomeSmart argue that there are no allegations in the Complaint pertaining to Jeppson or HomeSmart that would give rise to liability under any cause of action. The Court agrees that the Complaint and causes of action are insufficientl...

Excerpt: ... Goldsmith's vehicle traversed the walkway, it collided with the tables and chairs placed in the walkway, sending them along with the vehicle into the side of the building. One of the tables partially broke through a plate glass window inches from where Plaintiff was seated inside of the restaurant. Defendant Hibl dba Michael's Cafe moves for summary judgment arguing (1) that he did/does not own, operate, possess or control the parking area and t...

Excerpt: ...e common benefit of all co‐tenants. Plaintiffs moved for attorneys' fees and costs of $28,440 and for costs of $1,100. The request is based on 72 hours of attorney work at a rate of $395 per hour. The parties disputed that all work done was for the benefit of all co‐tenants. The Court finds that only some of the work done was for the common benefit of all co‐tenants and will apportion the attorneys' fees and costs as more specifically expla...

Excerpt: ...VIP process does not create a binding agreement; (2) the fraud claim is not sufficiently pleaded, and Plaintiff fails to identify any misrepresentation; (3) the third cause of action for false advertising is not supported, and the actual advertisements/pamphlets negate Plaintiff's claim; (4) the fourth cause of action for bait and switch (Bus. & Prof. Code § 17200) is not adequately supported by the referenced advertisements/pamphlets; and (5) t...

Excerpt: ... 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 the fair market value of comparable services in the community. (Id.) “Padding” is not subject to compensation. (See Grah...

Excerpt: ...y of a quitclaim deed dated November 30, 2003 that was not recorded until after this case was filed in 2021. 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 establish...

Excerpt: ...cause of action for trespass to timber. The same causes of action are now alleged in the operative pleading as the third, fourth, and fifth causes of action, respectively. Pintura again demurs to these three causes of action arguing that the previously identified deficiencies have not be remedied and that essentially no new facts have been pleaded to support these causes of action. The Court agrees. To withstand a demurrer the complaint must cont...

Excerpt: ...laintiff Simkins, and that Cross‐Defendants negligently handled the purchase and also took advantage of Kruger, who is 81 years old. Cross‐Defendants demurrer arguing that the three causes of action pleaded are uncertain or insufficiently pleaded because they do not incorporate facts from the underlying complaint and do not show any professional negligence, basis for indemnity, or elder abuse. To withstand a demurrer the complaint must contai...

Excerpt: ... Primoris, and the car he was driving was owned by Defendant HERC, a car rental agency. After conducting initial discovery, Plaintiff dismissed HERC without prejudice. HERC thereafter filed a memorandum of costs, which Plaintiff now moves to strike or tax. A party may move to strike or tax costs per Rules of Court, rule 3.1700, subdivision (b). A verified memorandum of costs is prima facie evidence that costs were necessarily incurred where the c...

Excerpt: ...d into the side of the building. As Goldsmith's vehicle traversed the walkway, it collided with the tables and chairs placed in the walkway, sending them along with the vehicle into the side of the building and through a plate glass window inches from where Plaintiff was seated inside of the restaurant. Defendant Hibl dba Michael's Cafe moves for summary judgment arguing (1) that he did/does not own, operate, possess or control the parking area f...

Excerpt: ... it concerns matters already litigated in the family court. The Court disagrees. 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 plaintiff's proof need not be alleged. (C.A. v....

Excerpt: ...ice on those defendants must be filed with the court within 60 days after the filing of the complaint. When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.” (Rules of Court, rule 3.110(b).) Failure to comply with this rule, however, does not mean that service is not allowed after such period. Rather, the failure to comply...

Excerpt: ... 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 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 necessar...

Excerpt: ...rily prescribed period. (Civ. Code, §§ 8412, 8414.) Where the claimant is a direct contractor, he or she must record the claim of lien after the contract work is “completed” and prior to the expiration of either: (1) 60 days after recordation of a notice of completion or notice of cessation; or (2) 90 days after the completion of the work of improvement if no notice of completion or notice of cessation of labor has been recorded. (Civ. Code...

Excerpt: ...lect. (Id., ¶¶ 17, 20‐22, 29.) Defendant moves to compel arbitration and for a stay of this action based on an arbitration agreement that Gary signed when he was admitted to Manorcare. 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. Ass...

Excerpt: ... counsel. Prior to the substitution of counsel, the parties timely designated experts on or about January 20, 2022. Plaintiff designated two experts: (1) safety standard of care expert; and (2) fueling station manager expert. Defendants designated a single medical expert. At some point following the substitution of counsel, current defense counsel sought to retain an appropriate rebuttal expert to Plaintiff's safety standard of care expert. Defen...

Excerpt: ...self, his deceased wife (Plaintiff's mother), and Plaintiff. He alleges causes of action for fraud, breach of fiduciary duty, and unjust enrichment based on allegations that the “rental payments” were actually intended to cover insurance, mortgage, and taxes on the investment property. The issues addressed in the proposed cross‐complaint are related and intertwined with those addressed in the complaint to the point that they entail compulso...