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...

Excerpt: ...ired Defendant Commodity Trucking Acquisition, LLC d/b/a Dispatch Transportation (“Dispatch”) (collectively, “Defendants”), to excavate and remove dirt from Facilities Corp.'s property. (FAC ¶ 11.) He alleges that, during the course of this excavation project, airborne particles and dust migrated from Facilities Corp.'s property, located at North/East of 215 and South of Ellis Avenue, Romoland, California, and were carried to the relativ...

Excerpt: ...pt employee working as part of the Field Crew. (Maciel Decl. ¶ 3.) In connection with his employment with Defendant, Gonzalez executed an Arbitration Agreement on November 18, 2020, agreeing to arbitrate any and all employment‐related disputes with Defendant on an individual basis and waiving, among other things, his right to bring any representative action. (Maciel Decl., ¶ 4, Ex. A.) Specifically, the Arbitration Agreement states, in releva...

Excerpt: ... the present petition/motion to compel arbitration before any arbitral body other than the AAA. * * * In his motion, Plaintiff argues that under the Retail Installment Sales Contract (“RISC”), he is entitled to select the arbitration forum. Plaintiff argues that AAA is an insufficient forum and is not favorable to consumers. Plaintiff further argues that although other manufacturers agree to arbitrate in forums other than AAA, NNA has unreaso...

Excerpt: ... yard. On December 20, 2021, Kimberly, by and through her Guardian ad Litem, Antonia Salazar Rocha, and Antonia Salazar Rocha, individually (“Ms. Rocha”) (collectively, “Plaintiffs”) filed a Complaint against Defendant County of Riverside (the “County”), alleging (1) negligence, (2) negligence per se, (3) negligent hiring, supervision, or retention, and (4) strict liability. On March 10, 2022, the County filed its Answer to the Compla...

Excerpt: .... and I.S., with their mother, Plaintiff Kandis Spann (“Kandis”). (Id. at ¶ 5.) In April 2021, Decedent was charged with misdemeanor for allegedly violating a protective order against Kandis. (Id.) On April 22, 2021, Decedent attended family court proceedings relating to the custody of his two minor children. (Id. at ¶ 7.) Kandis believed Decedent was acting erratically and sought help from two people who worked at Justice Bail Bonds. (Id. ...

Excerpt: ... In evaluating a complaint under the general demurrer standards, if there is any valid cause of action stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) If judicially noticeable records d...

Excerpt: ...sbra (“Asbra”), all of the defendants engaged in various fraudulent transfers to frustrate efforts to enforce the judgment against Asbra. Among other things, Plaintiff alleged that Asbra fraudulently transferred real property on Gavilan Road in Perris, CA (the “Property”) to Novorr and Pezzuto. On April 25, 2019, Plaintiff recorded a lis pendens against the Property. On August 5, 2022, the court entered judgment on a jury verdict in favor...

Excerpt: ...ersity of California (1990) 51 Cal.3d 120, 125.) The court assumes the Page 3 of 5 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. (Daar v. Yellow C...

Excerpt: ...urrer without a declaration in compliance with CCP § 430.41(a)(3). Thus, the hearing is continued. *** Accordingly, the hearing on the demurrer is continued to February 9. 2023 at 8:30 a.m. in Dept. 2. Moving Defendant is ordered to meet and confer with Plaintiffs by telephone (or in person while observing applicable social‐distancing protocols) for the purpose of determining whether an agreement can be reached that would resolve the objection...

Excerpt: ... filed this action on 6/1/20. On 3/23/21, Plaintiff filed his First Amended Complaint for: (1) battery; (2) negligence; (3) intentional infliction of emotional distress; (4) fraudulent concealment; (5) breach of contract; (6) public nuisance. Defendant brings this motion. It contends that the motion should be granted because it had no notice that there was a bed bug problem at the time Plaintiff stayed at the hotel. It asserts that it had a proce...

Excerpt: ... for damages or an issue of duty. (CCP § 437c(f)). The third, seventh and eighth affirmative defenses‐ Plaintiff's only evidence/argument regarding these affirmative defenses is that they are “traverse/denial, not an affirmative defense.” (UMF 5, 20 and 21.) CCP § 437c(f)(1) provides: “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for d...

Excerpt: ...tions. (County of Kern v. Ginn (1983) 146 Cal.App.3d 1107, 1113‐1114.) In order for the burden to shift to back to the party seeking the costs, the mere filing of a motion to tax is not enough; the party challenging the costs needs to provide evidence that the costs were unnecessary or unreasonable. Items appearing to be proper charges in the memorandum of costs places the burden on the party challenging the costs to show they were not reasonab...

Excerpt: ...ding in different courts “which share common questions of fact or law when such coordination will promote the ends of justice taking into account the…factors specified in section 404.1” (Pesses v. Superior Court (Pacific Southwest Airlines) 107 Cal.App.3d 117, 123.) The instant case does not involve a petition for judicial coordination, and hence, section 404.1 is not a proper ground on which to seek an order staying all proceedings in this...

Excerpt: ...complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) The complaint must be construed liberally… with a view to substantial justice between the parties.” (CCP § 452; Gressley v. Williams (1961) 193 Cal.App.2d 636, 639.) If the c...

Excerpt: ...Form Interrogatories 12.2 and 12.3 Special Interrogatories 27, 30 and 69 request the identification of certain documents. Matika responded to special interrogatories 27 and 30 with “Responding party is unaware of any documents at this time as the conversations were oral.” Similarly, Matika responded to this interrogatory 69 with “none.” These responses are substantive and respond to the interrogatories at issue. Matika responded to Form I...

Excerpt: ...ding deposition costs related to the deposition of defendant Christene Asbra, who was an officer, director, and shareholder of defendant CSJ. The court declines to tax the amount sought based on the percentage of inquiry at the deposition specifically related to CSJ; the court finds the deposition was reasonably necessary to the litigation, regardless of the percentage of questions regarding particular defendants, and that the charges are reasona...

Excerpt: ...SWIT CANYON, INC. Tentative Ruling: Overrule the demurrer. The interpretive questions the parties raise cannot be resolved on a pleadings motion. (Aragon‐ Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 239 [“Where a complaint is based on a written contract which it sets out in full, a general demurrer to the complaint admits not only the contents of the instrument but also any pleaded meaning to which the instrument is...

Excerpt: ...ion 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 the arbitration clause verbatim, or such provisions must be attached and incorporated by re...

Excerpt: ...c. (W‐W) allegedly designed, manufactured, and supplied livestock equipment including the Bucking Chutes where the accident occurred, which the City purchased on 1/16/02. Plaintiffs allege that on 5/22/22, Dennis Eller was injured during a team roping event involving the Bucking Chutes. He alleges that he was swinging a rope in pursuit of a steer when the loop caught an unprotected/unguarded vertical pole in the Bucking Chutes. This caused the ...

Excerpt: ... not possess and cannot reasonably obtain needed evidence. (CCP §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 the plaintiff lacks evidence, the defendant must...

Excerpt: ...y her brother. a. Notice of Sexual Harassment At Plaintiff's deposition, RUSD's counsel asked the following line of questioning: “Besides reporting the bullying at any time, did you ever report feeling sexually harassed by anyone when you were attending either Arlington or North [High School]?” (Bauermeister Decl. ¶ 3, Ex. A at 55:3–10.) Plaintiff's counsel objected under CCP § 2017.220, arguing that Defendants are not entitled to ask abo...

Excerpt: ... complaint barred by laches and finds that the Complaint is barred by laches. (See, e.g., Straley v. Gamble (2013) 217 Cal.App.4th 533, 538.) Even if the action is not barred by laches, it is barred by the fact that plaintiff has failed to allege any liability. Plaintiff's two main premises underlying this lawsuit are just wrong as a matter of law. First, decedent was not obligated to remove plaintiff's name from the home loan, but only to hold h...

Excerpt: ...nce 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 Page 3 of 6 Important...

Excerpt: ... rather than a post office box). Unless Plaintiff was personally there, then this was actually mail service, which required 80 days, and notice is not proper. Second, there are three causes of action in Plaintiff's complaint. While Defendants' memorandum discusses all three, Defendants' separate statement does not address the 2nd and 3rd cause of action, nor do Defendants provide any evidence. From commencement to conclusion, the party moving for...

Excerpt: ...60, 67‐71) or sexual misconduct perpetrated against the District's students (SI 53.) District contends that the information sought by these interrogatories related to other students is protected by Education Code § 49076. It is true that access to a pupil's records is restricted by statute, except in certain circumstances, such as where written parental consent is given, or pursuant to court order. (Educ. Code § 49076.) Educ. Code § 49073 re...

Excerpt: ...owever, it is clear that Angela signed the agreement as Ruth's agent, not on her own behalf, as the court found in Daniels v. Sunrise Senior Living, Inc. (2013) 212 Cal.App.4th 674, 687, wherein the court found that Daniel's wrongful death claim was not arbitrable because she did not sign the residency agreement in her personal capacity and was therefore a third party to the agreement. Therefore, none of the Plaintiffs' individual wrongful death ...

Excerpt: ...e was recorded on 6/10/22 and the sale date was continued to 9/13/22, subsequent to her dismissal of the bankruptcy. (Complaint ¶ 13.) Plaintiff contends that she submitted a loan modification packet to Defendant EWL on 8/24/22 and that it failed to comply with several sections of the Homeowners Bill of Rights (HBOR.) Plaintiff filed her verified complaint on 10/3/22 alleging causes of action for: 1. Violation of Civil Code § 2923.5, 2. Violati...

Excerpt: ...ving party is entitled to a judgment as a matter of law.'” S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal.App.4th 383, 387‐388. A plaintiff moving for summary judgment or adjudication has the burden to produce evidence on each element of a cause of action entitling her to judgment. Id. at 388. “If the plaintiff meets this burden, it is up to the defendant ‘to show that a triable issue of one or more material facts exists...

Excerpt: ...ide Hosing Development Corporation (“RHDC”). Plaintiff alleges that she tripped on a negligently maintained sidewalk and fell down stairs, sustaining serious bodily injuries. On May 2, 2021, Plaintiff filed her Complaint. She asserts three causes of action for: (1) Dangerous Condition on Public Property; (2) Negligence; and (3) Negligence. The City and RHDC (collectively “Defendants”) now move for summary judgment, or in the alternative, ...

Excerpt: ...to deem the entire complaint barred by laches and finds that the Complaint is barred by laches. (See, e.g., Straley v. Gamble (2013) 217 Cal.App.4th 533, 538.) Even if the action is not barred by laches, it is barred by the fact that plaintiff has failed to allege any liability. Plaintiff's two main premises underlying this lawsuit are just wrong as a matter of law. First, decedent was not obligated to remove plaintiff's name from the home loan, ...

Excerpt: ...same time (in which case, service was actually at the post office address, rather than a post office box). Unless Plaintiff was personally there, then this was actually mail service, which required 80 days, and notice is not proper. Second, there are three causes of action in Plaintiff's complaint. While Defendants' memorandum discusses all three, Defendants' separate statement does not address the 2nd and 3rd cause of action, nor do Defendants p...

Excerpt: ...hat a counteroffer does not terminate an option contract, which remains open until the end of the option period. Lansing argues that summary adjudication is proper because the Masterson Option was a separate or distinct agreement from the other duties and obligations under the Compensation Agreement. Masterson argues that its option vested because IDIL did not exercise its option to purchase on the terms set out in the IDIL Option. Masterson argu...

Excerpt: ... be as complete and straightforward as the information reasonably available to the responding party. Each answer must admit as much of the matter as true, deny as much of the matter that is untrue, and specify to as much of the matter that the responding party lacks sufficient information to admit or deny. (Id.) All three responses indicate that they cannot admit or deny the request, but then go on to deny some facts (Defendant did not direct or ...

Excerpt: ...hose information. He also seeks sanctions in the amount of $1,050.00. In opposition, Defendant argues that the purported discovery issues have already been addressed by the Court during the Informal Discovery Conference (“IDC”) on September 16, 2022. He argues that, during the IDC, the Court overruled the objections and ordered him to provide his driving records and violations for the past 10 years. In reply, Plaintiff concedes that the parti...

Excerpt: ...in evidence that he was acting inconsistent with his requested accommodation. Plaintiff alleges that the sub rosa investigation was initiated only because he requested an accommodation. He contends that he was improperly terminated under the pretext that he had taken non‐approved leave, was untruthful, conducted non‐employment related activities during work hours, falsified official reports, and was insubordinate. He contends he was actually ...

Excerpt: ...e by failing to pay their monetary obligations under the Lease. (Second Amended Complaint, ¶¶8‐21.) With respect to the present demurrers (see below), in the second cause of action for fraud and misrepresentation, it is alleged that, pursuant to the terms of the Lease, MSR agreed to reimburse Party City for amounts, if any, expended for improvement to the premises, up to a total amount of $400,000. (SAC, ¶32.) On September 19, 2017, Defendan...

Excerpt: ...31.310(b)(2).) The declaration must state facts showing a reasonable and good faith attempt at informal resolution of each issue presented by the motion. (Cal. Code Civ. Pro. §2016.040.) Whether a “reasonable and good faith attempt” was made requires an “evaluation of whether, from the perspective of a reasonable person in the position of the discovering party, additional effort appears likely to bear fruit.” (Clement v. Alegra (2009) 17...

Excerpt: ...uirement is to force lawyers to reexamine their positions, and to narrow their discovery disputes to the irreducible minimum, before calling upon the court to resolve the matter. (Stewart v. Colonial W. Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016–17.) Here, Plaintiffs' counsel sent meet‐and‐confer letters, highlighting various deficiencies with each of the discovery items at issue in this motion. The letter explained in detail why GM's ob...

Excerpt: ...ues. (Code of Civil Procedure, section 1281.2.)1 A proceeding to compel arbitration is in 1 Code of Civil Procedure, section 1281.2(a)‐(c) provides: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission of the agreement. (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of ...

Excerpt: ...t fair market value. Pursuant to the Agreement, Plaintiff allegedly made $250,000 in payments. Plaintiff alleges that in May 2022, he notified Defendants of his intent to exercise his purchase option, but Defendants denied his right to purchase and initiated an 4 Given that arbitration has already commenced, this motion is really one asking that the court stay this action pending arbitration, not that the court order the matter into arbitration. ...

Excerpt: ...of the meet and confer requirement is to force lawyers to reexamine their positions, and to narrow their discovery disputes to the irreducible minimum, before calling upon the court to resolve the matter. (Stewart v. Colonial W. Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016–17.) Here, Plaintiffs' counsel sent meet‐and‐confer letters, highlighting various deficiencies with each of the discovery items at issue in this motion. The letter expla...

Excerpt: ...tract. On 12/7/21, Plaintiffs Myron and Mary Jane Matika filed their Complaint in Intervention. By these 2 Motions, Justin Tye moves to compel Myron Matika to provide further responses to form interrogatories, special interrogatories 1‐91 (excluding 25, 34, 68 and 71) and requests for production 1‐34. He claims that the objections are without merit and Tye requests sanctions for having to bring these motions. In the Oppositions, Matika claims...

Excerpt: ...ment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) While courts will occasionally deny leave to amend when the motion is brought on the eve of trial, “it is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal. App. 3d 1045, 1048; Magpali v. Farmers Group, Inc. (1996) 48 Cal. App. 4th 471; Nelson ...