Excerpt: ... quiet title action. 4 Plainti
¯ disputes UMF No. 7, in part. Plainti
¯ states that she does not dispute the date of purchase of the property. She disputes as to title and to the supporting facts and the Dai Decl. but does not clarify. However, this does not controvert he moving fact that the property was conveyed. 5 Plainti
¯ does not dispute the moving fact. She disputes that it was a valid transfer, claiming it was fraudulent. Page 5 of 7 D...

Excerpt: ...te emergencies “to mitigate the effects of natural, manmade, or war‐caused emergencies that result in conditions of disaster or in extreme peril to life, property, and the resources of the state, and generally to protect the health and safety and preserve the lives and property of the people of the state.” (Govt. C. § 8550.) This includes the powers to “make, amend, and rescind orders and regulations necessary to carry out the provisions...

Excerpt: .... Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546. However, there is a right of privacy. Article 1, section 1 of the California Constitution explicitly recognizes a right to privacy and California courts have recognized the right as supplying a qualified privilege to a discovery demand. “[T]he right to privacy protects the individual's reasonable expectation of privacy against a serious invasion.” Pioneer Electronics (USA), Inc. v...

Excerpt: ...xist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and ...

Excerpt: ...a complaint do not include the presence or absence of separate counts stating separate causes of action. (See Code Civ Proc., §430.10.) The Legislative Committee Comments for this section mentions that, following the repeal of the former statutory Page 6 of 9 provision, improper joinder of causes of action is no longer a ground for objection. (Stats. 1971, c. 244, p. 383, §29, operative July 1, 1972.) Thus, Demurrer is overruled based on the re...

Excerpt: ...he general public to enjoin unfair or fraudulent business practices under Bus. & Prof. Code, §17200. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2020) ¶ 14:226.1; Bus. & Prof. Code, §§17204, 17535.) The UCL now limits standing to sue to persons who have sustained “injury in fact and lost money or property as a result of such unfair competition.” (Bus. & Prof. Code, §17204, see In re Tobacco II Cases...

Excerpt: ...ncial elder abuse, the court must award plaintiff reasonable attorneys' fees and costs. (emphasis added.) This is a unilateral fee‐shifting provision under which fees may be awarded to a prevailing plaintiff but not a prevailing defendant in order to encourage the effective enforcement of an important public policy. (Wood v. Santa Monica Escrow Co. (2007) 151 Cal. App. 4th 1186, 1191.) Such unilateral fee‐shifting statutes reflect a considere...

Excerpt: ...��19 shutdown, the court shutdown on 3/17/2020. A stipulation was filed and signed by the court extending the time in which to file the Motion to Seal. The Court had granted the Motion to Conditionally Seal pending the filing and ruling on this motion. The Motion to Seal is Granted in Part and DENIED in PART. The Request to seal as to Exhibits 305, 367 and 474, referred to as the 14D Reports is GRANTED, the Declaration of Fyie demonstrates that t...

Excerpt: ...CP § 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference. (CRC rule 3.1330; see also Condee v. Longwood Mgmt. Corp....

Excerpt: ...rade secret privilege. A party seeking a protective order restricting disclosure of trade secrets must provide an affidavit or declaration listing the declarant's qualifications to give an opinion, identifying the alleged trade secret, identifying the documents disclosing the trade secret and presenting evidence that the secret qualifies as a “trade secret.” (Evid. Code § § 1060‐1061; CCP § 2031.060(b)(5); Stadish v. Sup. Ct. (Southern C...

Excerpt: ...4. The fact that Defendants' Answer to Plaintiff's Fourth Amended Complaint was filed on July 22, 2016; and 5. The decision in California Court of Appeal, Fourth Appellate District, Division Two, in Roger v. County of Riverside (2020) 44 Cal.App.5th 510. Under Evidence Code §452(d), the court may take judicial notice of the records of any court of this state. Accordingly, the requests for judicial notice are GRANTED. II. Motion for Leave to Amen...

Excerpt: ...and care, implementing interventions to avoid pressure sore development and worsening, and providing Miller with adequate and proper assistance with personal hygiene. (FAC ¶9.) The FAC further alleges that the hospital wrongfully withheld this care from Miller by repeatedly failing to administer this specific care to her. (FAC ¶10.) Under Sababin, this is enough to show neglect. Taking these allegations as true, as we must do at the demurrer st...

Excerpt: ...ontends he did not have the opportunity to discover the facts until 2/23/18 as stated in his Complaint. The “discovery rule” is an exception to the general rule that an action accrues when appreciable harm occurs. (Fox v. Ethicon Endo‐Surgery (2005) 35 Cal.4th 797, 807.) The discovery rule only delays accrual until the plaintiff has, or should have, inquiry notice of the cause of action, i.e., “plaintiffs are required to conduct a reasona...

Excerpt: ...misinterprets plaintiff's allegations. Defendants argue the Proposal itself contradicts plaintiff's allegation that he did not receive notice after the merger was completed, as required by the Corporations Code. Defendants contend the Proposal, which includes references to the Corporations Code, contradicts the allegation that plaintiff did not receive notice. Plaintiff's opposition is correct, however, that the Proposal was allegedly provided to...

Excerpt: ...ourt of the purpose, historically, of demurring to an answer: A plaintiff moving for summary judgment had to disprove defendant's affirmative defenses, so plaintiff made sure, by way of demurrer, that those affirmative defenses were pled in very fact‐specific allegations. The summary judgment statute, however, was amended in 1992, eliminating this requirement. (Oldcastle Precast, Inc. v. Lumbermens Mutual Casualty Co. (2009) 170 Cal.App.4th 554...

Excerpt: ...terest that overcomes the right of public access to the record.” 2. Whether “[t]he overriding interest supports sealing the record.” 3. Whether “[a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed.” 4. Whether “[t]he proposed sealing is narrowly tailored.” 5. That “[n]o less restrictive means exist to achieve the overriding interest.” Here, the defendants have set forth ...

Excerpt: ...nd mockingly criticize Plaintiff's work performance in cleaning hand rails and telling Plaintiff to use his other arm, despite him needing to use both arms in order to perform his job. Plaintiff alleges that the harassing behavior was pervasive for three fourths of the year; however, he does not allege what conduct, other than isolated incidents, went on for that long. Further, the examples provided all relate to criticism related to job performa...

Excerpt: ...54.00 $ 0 Lodging $ 4,928.77 $ 0 Mileage $ 0 $ 1,599.41 Parking $ 0 $ 253.20 Uber $ 0 $ 900.67 Messenger fees $ 0 $ 149.39 $26,502.72 Unchallenged portions of the MOC: $ 6,545.17 $33,047.89 $23,543.24 Item No. 1 (Filing and Motion Fees): As to the “Brief Declaration” ($309.75), CDCR correctly argues that the reinstatement issue was not the focus of any disputed issue in this case, and therefore, was not necessary to this litigation. While Pla...

Excerpt: ...harming her son at the time the injection was being administered, but rather alleges that she was aware of the harmful effect of the excessive medication given to her son as she watched her son's “death spiral.” Nor does Plaintiff allege that the injury‐producing event was the hospital staff's negligent medical care after the administration of the medication and that she was aware her son was receiving inadequate remedial care. Plaintiff be...

Excerpt: ...motion is denied. This request is overbroad and is not tailored to the specific complaints of Plaintiff. Category 3 – the motion is denied. The request is overbroad and is not tailored to the specific complaints of Plaintiff. Category 4 ‐ the motion is denied. The request is overbroad and is not tailored to the specific complaints of Plaintiff. Category 5 ‐ the motion is denied. The request is overbroad and is not tailored to the specific c...

Excerpt: ...nd it is speculative and improper opinion; Page 3, Line 26, Paragraph 16. “Secondly, grading requires a separate permit from the City of Riverside.” Objection is overruled; Page 3‐4, line 27, paragraph 16 Objection is sustained as it contains hearsay and lacks authentication. Page 4, Line 5, paragraph 17, the objection is sustained as the statement is hearsay. Plaintiff's request for judicial notice is granted. Defendant 3591 Tyco, LLC's re...