Excerpt: ...Gregory Nylen, which the court rules on as follows: 1. SUSTAIN 2. OVERRULE Here, Plaintiff's claims fall into two categories—individual and derivative. Plaintiff's individual claims are clearly covered by the Arbitration Agreement. As to the derivative claims, it is well established that the initiator of a derivative suit "stands in the shoes" of the company whose rights such person seeks to enforce, and "[t]he causes of action do not belong to...

Excerpt: ...ir reply. As the defects these objections are directed to are easily fixable (and if remedied, the expert declaration is likely sufficient to create a triable issue of material fact), the motion is continued to allow Plaintiff to submit the necessary evidence to properly support her expert's opinion. A. General Objection to Plaintiff's Declaration Defendants first raise a general objection to Plaintiff's declaration, in which she disputes certain...

Excerpt: ...les of justice and equity ... paths neither marked no traceable by judicial review." (Moncharsh v. Heily & Blase (1992) 3 cal.4th 1, 11; Noguerio v. Kaiser Found. Hospitals (1988) 203 cal.App.3d 1192, 1195.) Courts will not review the validity of the arbitrator's reasoning or the sufficiency of the evidence supporting the arbitrator's award. (Moncharsh v. Heily & Blasé, supra, 3 Cal.4th at 12-13.) By agreeing to arbitration, parties agree to bea...

Excerpt: ...e the initial filing fee is the only amount that has been properly documented. Defendants argue fees to download copies of documents from the court are not recoverable because they are not filing or motion fees. In Opposition, Plaintiff provides invoices to support the following costs: 1. Legal Lawgic eFiling (11/1/23): $43.70 2. Legal Lawgic eFiling (10/26/23): $43.70 2 Even if the Court was inclined to find that Defendant's had met their burden...

Excerpt: ...(2001) 25 Cal.4th 826, 855.) The California Supreme Court has held that the conduct of teachers who sexually molest students under their supervision will not be imputed to school districts to permit recovery by injured students from the employing districts under the doctrine of respondeat superior. (John R. v. Oakland Unified School Dist. (1989) 48 Cal.3d 438, 447-52; Kimberly M. v. Los Angeles Unified School Dist. (1989) 215 Cal.App.3d 545, 547-...

Excerpt: ...project contained a fungus that caused Valley Fever; he contracted Valley Fever; his predecessor at the project also contracted Valley Fever; Defendants did not inform Plaintiff about the predecessor or that he had Valley Fever; and his symptoms got worse. (Complaint at "1 12-22.) However, there are no allegations indicating Defendants knew the fungus that caused Valley Fever was in the soil at the project, that they knew how Plaintiff's predeces...

Excerpt: ... and Second (Money Had and Received) Causes of Action. Compliance with CRC Rules 3.1350(b) and 3.1350(h) he Notice of Motion ("Notice") filed by Plaintiff states that it is seeking summary adjudication as to the following two issues: (1) Defendants have no defense to Plaintiff's first cause of action for breach of written contract, and (2) Defendants have no defense to Plaintiff's second cause of action for common count (money had and received). ...

Excerpt: ...e habitually practiced and carried on as a business."' " Nguyen v. Superior Court (1996) 49 Cal.App.4th 1781, 1787. One wrongful act does not show acts of lewdness that are habitually practiced and carried on as a business. "The Red Light Abatement Law declares to be a public nuisance any place which is used for the purpose of lewdness, assignment or prostitution." People ex rel. Hicks v. Sarong Gals (1972) 27 Cal.App.3d 46, 50. There is no evide...

Excerpt: ...as properly been established that an arbitration agreement existed between the parties. Here, the only evidence of Campagna's alleged incapacity to contract is the declaration from his son, Thomas Keith Campagna. He claims his father lacked capacity to enter into an arbitration agreement at the time it was executed because he was 92 years old, suffered from McCardles disease, and had just endured a six- hour flight from New York to California. Th...

Excerpt: ...ry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." 1 CCP S 1008 gives the court no authority when deciding whether to grant a motion to reconsider to 'reevaluate' or 'reanalyze' facts and authority already presented in the earlier motion." (Crotty v. Trader (1996) 50 Cal.App.4th 755, 7...

Excerpt: ...la
Ÿng to the subject of the ac
Ÿon and is so situated that the disposi
Ÿon of the ac
Ÿon in his absence may (i) as a prac
Ÿcal ma
©er impair or impede his ability to protect that interest or (ii) leave any of the persons already par
Ÿes subject to a substan
Ÿal risk of incurring double, mul
Ÿple, or otherwise inconsistent obliga
Ÿons by reason of his claimed interest. If he has not been so joined, the court shall order that he be made ...

Excerpt: ... during the relevant time frame]. Request 33- Any and all audio or video tape recordings involving any discussions concerning the SUBJECT VEHICLE. Request 66- YOUR dealership agreement with Moss Bros. Chrysler Dodge Jeep Ram Riverside, in Riverside, California. These requests specifically relate to the subject vehicle, the repair facility and/or the warrant and procedures directly related to the vehicle. FCA fails to justify its objections (RFP 8...

Excerpt: ...exatious litigant and "there is not a reasonable probability that she will prevail in the litigation against the moving defendant." (CCP S 391.1.) If the motion is granted, the case is automatically stayed from the time the motion was filed until 10 days after plaintiff posts the required security. (CCP S 391.6.) If the bond is not posted, the action must be dismissed as to the defendant in whose favor the bond was ordered. (CCP S 391.4.) Page 3 ...

Excerpt: ...citations omitted.) C.C.P. S 1021 states: "Except as attorney's fees are specifically provided for by statute, the measure and mode of com#nsation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided." (Ibid.) A prevailing party in an action can recover costs, including attorney's fees, only if authorized by contr...

Excerpt: ... Deny Plaintiffs' request for judicial notice as to Exhibits A, D, and G. Grant the moton. The court denies the request to take judicial notice of Plaintiffs' RJN Exhibit A, the Health Canada Omniscan label from 2014. Accordingly, Plaintiffs have not provided any other evidence of "newly acquired information" that GEHC had, so the motion is properly granted. Evidence Code 5452(f) permits a court to take judicial notice of "[tlhe law of an organiz...

Excerpt: ...nt contains conclusory allegations that Defendants acted intentionally, deliberately, recklessly or simply failed to act (951-52), but these conclusory allegations are not sufficient as no facts of intentional conduct are pled. For this reason, the demurrer is sustained as to the First Cause of Acton. The Fifth Cause of Action makes the same allegations as the negligence claim, to which no demurrer is brought. The nuisance claim is based on the g...

Excerpt: ...nlike a privilege, the protection is qualified and disclosure may occur to serve a "compelling state interest." (Britt v. Superior Court (1978) 20 Cal. 3d 844, 855-855 [applying a balancing test to determine if the need for discovery outweighs the privacy rights of third partiesl.) under Britt, the court conducts a balancing of the competing interests. "On occasion [a party s] privacy interests may have to give way to [thel opponent's right to a ...

Excerpt: ...ired by statute. The hearing on the demurrer is continued to 11/21/2023 8:30AM. Defendants are ordered to meet and confer with Plaintiffs by phone or in person for the purpose of determining whether an agreement can be reached that would resolve the objections raised in the demurrer. As part of the meet and confer process, Defendants shall identify all of the specific causes of action that they believe are subject to demurrer and identify with le...

Excerpt: ...its entirely with leave to amend. 1st Cause of Acton for Slander: Under Civil Code S 46, slander is "a false and unprivileged publication, orally uttered .. .." False statements charging the commission of a crime or tending to injure a plaintiff in respect to his profession by imputing dishonesty or questionable professional conduct are defamatory per se. (Burrill v. Nair (2013) 217 Cal.App.4th 357, 382.) In this case, Plaintiff alleges that "Def...

Excerpt: ... meet and confer by telephone or in person, regardless of the prospects of an informal resolution. Nor is there any authority that would allow defense counsel to shift the onus of initiating a telephone conference by simply sending email correspondence. To support a demand for punt-ive damages under Civ. Code 53294, a plaintiff must plead and prove facts demonstrating malice, oppression or fraud as defined in (Civ. Code 53294(c).) As defined in t...

Excerpt: ...ubmitted in the Reply. The elements of a negligence claim are: (1) legal duty owed to plaintiffs to use due care; (2) breach of duty; (3) causation; and (4) damage to plaintiff. (County of Santa Clara v. Atlantic Richfield Co. (21W6) 137 Cal.App.4th 292, 318.) Premises liability is a form of negligence. Accordingly, the elements of a claim for injuries suffered by an invitee due to a dangerous condition on the premises (whether natural or artific...

Excerpt: ...er replace, repurchase, or repair" Plaintiffs vehicle. (Ranke" Decl. Ex. D.) The letter was addressed to Miriam Arreola and was sent to her email. However, no evidence is offered that shows Plaintiff Jorge Francisco Arreola was ever sent a similar letter. Thus, Defendant has not met its initial burden with respect to Plaintiff Jorge Arreola. b. Did Kia's December 8, 2020 letter constitute an offer? Kia provides a copy of the letter sent to Plaint...

Excerpt: ...e irreconcilable with the results of a trial that took place in Balfour Beat-tvs absence. If trial is not stayed and proceeds before such a result comes down from the Court of Appeals, Plaintiff notes a second trial would have to be held and argues a "separate trial could result in contrary and conflicting rulings. Different evidence could be used, different jury members could result in irreconcilable outcomes regardless of the same evidence, and...

Excerpt: ...CCR, All SMILES, TAPO, SHERMAN OAKS HOSPITAL, DR. FARAHMANDIAN, ISREALA and DR. LADINES" as defendants. (See Complaint, 143, 144.) Defendant claims that this makes the pleading uncertain. There is only one Defendant named in the caption of the Complaint, which makes the inclusion of these entities very confusing. Further, Defendant contends that the Complaint alleges time frames from 2013 and 2014 as well as August 2021 and Defendant is left unab...

Excerpt: ...ine to rule on Plaintiff's "evidentiary objections" in the opposing separate statement, which are not properly before this Court. The opposing separate statement is not property formatted CRC, rule 3.1350(f)(1) provides that "[e]ach material fact claimed by the moving party to be undisputed must be set out verbatim on the left side of the page, below which must be set out the evidence said by the moving party to establish that fact, complete with...