Excerpt: ...e relevance and specific facts justifying discovery. (Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production “is met simply by a fact-specific showing of relevance.” (Tbg Ins. Servs. Corp. v. Superior Court (2002) 96 Cal.App.4th 443, 448.) Then, the burden shifts for the opposing party to justify its objections. (Kirkland, supra, 95 Cal.App.4th at 98.) Meet & Confer Importantly, be...

Excerpt: ...e County Superior Court Case No. RIC1902326, which had been resolved by entry of a judgment in FCM's favor in an amount in excess of $9,000,000. Kazarian alleges that he obtained this 95% interest in FCM as compensation for a debt of $3,500,000 owed to him by the Babloyans. As alleged in the cross-complaint, Lusine Babloyan and her father, cross-defendant Vahe Babloyan, then proposed “various non-sensical ways to go about satisfying the debt th...

Excerpt: ...ct products liability – manufacturing defect; 3) strict liability – failure to warn; 4) negligent products liability; and 5) negligence. Plaintiff alleges that on or before December of 2017, Defendants, including TRS, engaged in business with Plaintiff's former employer, Alpha Materials, Inc. (Alpha), “to sell/purchase design, manufacture, distribute, install, service, maintain, repair, and preventatively inspect tires for [Alpha's] commerc...

Excerpt: ...efense; or (3) showing that plaintiff does not possess and cannot reasonably obtain needed evidence. (C.C.P., § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) To demonstrate that a cause of action cannot be established, the defendant must either negate an essential element of the plaintiff's cause of action or show that the plaintiff lacks evidence. (Chavez v. Glock (2012) 207 Cal.App.4th 1283, 1301.) To demonstrate that t...

Excerpt: ...d hour laws. When he complained, Defendants allegedly reduced his compensation. On November 2, 2020, Plaintiff filed the Complaint alleging 1) retaliation; 2) misclassification; 3) failure to pay wages; 4) failure to pay minimum wages; 5) failure to pay overtime; 6) failure to indemnify business expenses; 7) failure to provide meal and rest periods; 8) failure to provide one day rest for every workweek; 9) failure to provide itemized wage stateme...

Excerpt: ...ite and also its physical locations. Plaintiff alleges that he genuinely wants to use Defendant's goods and services, and that he is a tester who visits places of public accommodation to determine their compliance with Title III of the ADA. He alleges that Defendant's website fails to provide alternative text for graphic images that can be read by screen readers. Plaintiff filed the original Complaint on July 26, 2022 and the operative First Amen...

Excerpt: ...hidden in a restroom at Defendant La Sierra Academy (“LSA”)1 when Johnson was employed by Defendant Southeastern California Conference of Seventh-day Adventists (“SECC”) as a school counselor. The operative pleadings challenged by the moving Defendant North American Division of Seventh-day Adventists' (“NAD”) Motion for Summary Judgment/Adjudication are as follows: Second Amended Complaint of John CMA Doe, John CMI Doe, and John MMA D...

Excerpt: ...he examinee's bodily and mental privacy and other constitutional rights. (Reuter v. Sup. Ct. (1979) 93 Cal.App.3d 332, 343.) The notice of motion must state the time, place, identity and specialty of the examiner, and the “manner, conditions, scope, and nature of the examination.” (C.C.P., § 2032.310(b).) “Good cause” requires that the party produce specific facts justifying discovery and that the inquiry be relevant to the subject matte...

Excerpt: ...tually 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.) On demurrer the court must assume the truth of all facts properly pled, facts that may be implied or reasonably i...

Excerpt: ...ntiff alleges that Defendants knew or should have known that their premises was in a dangerous, defective, and unsafe condition, which was a menace to Plaintiff and others on the premises. Plaintiff filed her Complaint on April 14, 2021 alleging two causes of action: 1) negligence and 2) premises liability. On October 26, 2022, this Court granted summary judgment in favor of Defendant The Vons Companies, Inc. and against Plaintiff. On November 17...

Excerpt: ...ding Co., Inc. v. Quality Infusion Care, Inc. (2008) 164 CA4th 1440, 1446. Considering the remainder of Juror 11's declaration and the declarations submitted by three other jurors, it is apparent that the jury selected a foreperson, read the jury instruction on negligence and then took a straw vote with each juror stating their vote. The vote was 10-2 in favor of the finding that the Defendant was not negligent. There has been no showing of misco...

Excerpt: ...bligation to meet and confer in accordance with CCP § 430.41(a) and filed an appropriate declaration in accordance with CCP § 430.41(a)(3). Analysis: A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable. (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating a complaint under these standards, if there is any valid cause of ...

Excerpt: ...state has subsequently arrested and charged Johnson for downloading and distributing child pornography. Defendant North American Division of Seventh Day Adventists (NAD) is the governing body for Seventh-Day Adventists and had control over La Sierra Academy. Plaintiffs filed this action (CVRI 2000648) on 12/15/20. Their operative pleading is the Second Amended Complaint (SAC), filed 10/6/21, for: (1) negligence (against all); (2) negligent superv...

Excerpt: ...ive defense, a claim for damages or an issue of duty. (CCP § 437c(f)). Summary adjudication must “completely dispose” of the cause of action, defense, damages claim or duty issue to which it is directed. (CCP § 437c(f)(1).) Where a plaintiff seeks summary judgment, the plaintiff must produce admissible evidence on each element of a “cause of action” entitling him or her to judgment. (CCP § 437c(p)(1); see Hunter v. Pacific Mechanical C...

Excerpt: ...205, 1208; Corp. Code § 14502; Penal Code § 597.1.) Level 1 humane officers also have the authority to carry firearms. (Corp. Code § 14502(h)(1).) Humane societies engage in quasi‐public function and are state actors for the purposes of 42 U.S.C. § 1983. (Brunette v. Humane Society of Ventura County, supra, 294 F.3d at 1208.) Human societies are required to petition the court for appointment of humane officers and provide notice to various ...

Excerpt: ...damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct. (G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole so that conclusory allegations may be sufficient when read in context with the facts alleged as to the defendant's wrongful conduct. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6‐7.) Plaintiff is relying on malice, wh...

Excerpt: ...App.3d 131, 138.) Injunctions are rarely granted where a lawsuit for damages provides an adequate remedy. (see Thayer Plymouth Ctr, Inc. v. Chrysler Motors Corp. (1967) 255 Cal.App.2d 300, 307; Pacific Decision Sciences Corp. v. Sup. Ct. (Maudlin) (2004) 121 Cal.App.4th 1100, 1110.) Kazarian and FCM characterize the need for a TRO as an emergency, which is necessary because Plaintiff, Luisine Babloyan and her attorney, Mike Gatto, are willfully v...

Excerpt: .... (Moore v. Regents of University of California (1990) 51 Cal. 3d 120,125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law (Daa...

Excerpt: ...ition or free speech” … includes … any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest, or … any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.” (CCP § 425.16(e)(3)‐(4).) Importantly, however, “[t]he...

Excerpt: ..., which renews as a matter of law. Plaintiffs allege that Defendants failed to maintain/repair the property making it uninhabitable under California law. They allege that their units were infested with insects; and generally dilapidated or improperly maintained. Plaintiffs allege they constantly complained, but nothing was done to correct the uninhabitable conditions, which have caused injuries and damages including severe emotional distress. Pla...

Excerpt: ... Plaintiff. Plaintiff contends the “alleged agreement is missing the necessary markings that would be included if it were electronically signed.” (Opp. P.5.) Plaintiff's declaration contends the agreement presented by Defendant is missing Defendant's information (name, real estate office information at the bottom of the form) and envelope numbers which are needed in a digital signature. (Honeyfield Decl. p.2.) Plaintiff contends if the agreem...

Excerpt: ...giving rise to the amended allegations were discovered, and (4) The reasons why the request for amendment was not made earlier.” C.R.C. 3.1324(b). Since judicial policy favors the resolution of all disputed matters between the parties in the same lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. “[T]here has developed in this state a policy of great liberality in allowing amendments at any stage of th...

Excerpt: ...ith that party's statement of compliance, the demanding party may move for an order compelling compliance.” There is no requirement to meet and confer before bringing such a motion and no time period to bring such a motion. CCP § 2031.320. Plaintiff asserts that while Defendant responded to some of its requests indicating that it would produce documents, the production was not code compliant. CCP § 2031.280(a) requires that “[a]ny documents...

Excerpt: ...) retaliation; 3) failure to prevent discrimination and retaliation; 4) wrongful termination; and 5) intentional interference with contract. By these Motions, Defendant seeks to compel arbitration of Plaintiff's claims and to stay the action. It claims that Plaintiff signed an arbitration agreement both upon hiring and another agreement related to the B‐Unit shares at issue in the interference with contract cause of action. It asserts that ther...

Excerpt: ...orked as an administrative services assistant. While employed by the District, Plaintiff developed bilateral carpal tunnel syndrome and suffered from a lower back injury, which limited her life functions, including the ability to work. In May 2020, Plaintiff's physician placed her on continuous medical leave. On August 19, 2020, Plaintiff underwent carpal tunnel release surgery, but remained off‐work until June 24, 2021. In April 2021, while Pl...