Excerpt: ...act ("RISC") for the purchase price of 120,977.04, with a down payment of $7,500. (First Amended Complaint ["FAC"], '1 9.) Plaintiffs also allege that Defendants reserved the right to cancel the RISC if it was "unable to assign the contract to a financial institution" and they exercised that right to cancel on October 25, 2021, when the dealership could not assign the contract. (FAC, 10-12.) The dealership mailed Plaintiffs a NOTICE OF CANCELLAT ...

Excerpt: ...sponse that is in substantial compliance with Sections 2030.210, 2030.220, 2030.230, and 2030.240. (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." CCP S 2030.290(a). To determine whether conduct constitutes a mistake, inadvertence, or excusable neglect under CCP S 2030.290, the court employs the same standard of relief used under CCP S 473 for defaults. See City of Fresno v. Super...

Excerpt: ...the default against Defendant on the grounds of attorney error. In support of the motion, Defendant submitted the declaration of Attorney Larry Helfman who declares that the parties engaged in prelitigation settlement discussions, Plaintiff's counsel was aware of his representation, but did not advise when substituted service was made on Defendant's agent for service of process. Then on or about January 17, 2023, by email, Defendant notified coun...

Excerpt: ...ed a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." CCP S 2031.300(a). To determine whether conduct constitutes a mistake, inadvertence, or excusable neglect under CCP S 2031.300, the court employs the same standard of relief used under CCP S 473 for Page 5 of 8 defaults...

Excerpt: ...tion." Defendants do not argue that Plaintiff is not entitled to recoup attorneys' fees, only that the amount sought is not reasonable. The matter of reasonableness of a party s attorney's fees is within the sound discretion of the trial judge. Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 1062. Courts generally consider several factors in determining the reasonableness of a party's attorney's fees. These include "the nature of th...

Excerpt: ...iff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage." (Marketing West, Inc. v. Sanyo Fisher (USA) Corp. (1992) 6 Cal.App.4th 603, 612- 613.) 1. Statute of Limitations A demurrer based on a statute of limitations defense must clearly and affirmatively show that the cl...

Excerpt: ...l law of this state and the United States].) II. The Motion Should Be Denied The arbitration provision of the RISC prov-des in relevant part: Any claim or dispute, whether in contract, tort or statute or otherwise... between you and us or our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (includi...

Excerpt: ... to contnue the trial, which the court set for 8/11/23. Defendant moves to reopen discovery to allow a neuropsychological examinaton of Plaintiff. In response to interrogatories, Plaintiff disclosed generic claims of PTSD and headaches, and was receiving psychiatric treatment. At deposition, Plaintiff disclosed traumatic brain injury, memory problems, headaches, nausea, dizziness, severe anxiety, severe depression, panic attacks, reduced judgment...

Excerpt: ...eges that the Bank (Plaintiff) and Tilly's (Defendant) entered into a Master Agreement as of 7/28/16. (FAC 5.) The Master Agreement allegedly governs the sale and assignment of boat purchase and sale contracts originated by Tilly's and provided to the Bank [for financing.] (Ibid.) The FAC alleges that on 8/7/17, Tilly's sold and assigned a boat sales contract in the name of Anthony Mai. (ld. '18.) The Bank now alleges that on 4/25/22, it first su...

Excerpt: ...ce Guide: Civil Procedure Before Trial I Law and Motion, S 9:102.5 citing Schoendorfv. U.D. Registry, Inc. (2002) 97 Cal.App.4th 227, 240, fn. 2.) In any case, the statement falls within an exception to the hearsay rule for party admissions. (Evid. Code SS 1220-1227.) The Court should overrule the objection. B. DSlC's Standing Preliminarily, the Court should consider this motion before considering the motion to intervene because judgment has alre...

Excerpt: .... Petitioner asserts that the HOA violated several provisions of the Governing Documents by failing to hold annual elections for its Board of Directors ("Board") from 2018 to 2022. Petitioner alleges that the Bylaws require that the Board consist of five directors with staggered terms, with three directors elected on odd-numbered years and two elected on even-numbered years. Petitioner alleges that the Board currently has only three Directors. Pe...

Excerpt: ...he fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage." (Marketing West, Inc. v. Sanyo Fisher (USA) Corp. (1992) 6 Cal.App.4th 603, 612-613.) 1. Statute of Limitations A demurrer based on a statute of limitations defense must clearly and affirmatively show that the claim is barred. (Lockley v. Law O...

Excerpt: ...; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (Cal. Code Civ. Pro. S 1281.2.) Arbitration of disputes is favored and "when there is doubt as to the meaning and construction of an agreement for mediation and/or arbitration, that doubt should be resolved in favor of those processes." (Bono v. David (2007) 147 Cal. App. 4th 1055, 1062.) The moving party bears the burden of prov...

Excerpt: ...ber 11, 2022; November 21 and 22, 2022; February 1 and 2, 2023; and March 22 and 23, 2023. on February 10, 2022, RHOC noticed Plaintiff's deposition for April 27, 2022. (Grant Decl. '1 2, Ex. A.) On September 21, 2022, RHOC served fts second notice of deposition on Plaintiff for October 11, 2022. (ld. at 9, Ex. C.) On October 19, 2022, RHOC served its third notice of deposition on Plaintiff for November 21 and 22, 2022. (ld. at 20, Ex. E.) On Jan...

Excerpt: ... a result Defendants committed various wage and hour violations. She also alleges in 2021 she began suffering severe pain in her knee and on August 16, 2021 she was placed on medical leave. Plaintiff returned to work in February 2022 and was retaliated against by refusing to allow her to return to her prior position of Training Coordinator, demoting her and requiring her to sit in her offce for an extra half hour without reason. On June 15, 2022,...

Excerpt: ...lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. "[Tlhere has developed in this state a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not prejudice the substantial rights of others." (Dunzweiler v. Sup. Ct. (1968) 257 Cal.App.2d 559, 576.) Courts will not ordinarily consider the validit...

Excerpt: ...Cal.4th 826, 850.) A defendant has met his or her burden under CCP of showing a cause of action has no merit if that party has shown that one or more of the elements of the cause of achon cannot be established, or that there is a complete defense to that cause of acton. Once that burden has been met, the burden shifts to the opposing party to produce admissible evidence showing a triable issue of material fact exists. (C.C.P. Arcienaga v. Bank of...

Excerpt: ... 123 Cal.App.3d 593, 604.) "In short, the ruling on a demurrer determines a legal issue on the basis of assumed facts, i.e., all those material, issuable facts properly pleaded in the complaint, regardless of whether they ultimately prove to be true." (State of California ex rel. Bowen v. Bank of America Corp. (2005) 126 Cal. App. 4th 225, 240.) "To survive a demurrer, the complaint need only allege facts suffcient to state a cause of action; eac...

Excerpt: ... R. Ct. 2.30(c.) It appears that Defendant contends that Plaintiff violated Cal. R. Ct. 3.1308(a)(1) which provides: The court must make its tentative ruling available by telephone and also, at the option of the court, by any other method designated by the court, by no later than 3:00 p.m. the court day before the scheduled hearing. If the court desires oral argument, the tentative ruling must so direct. The tentatve ruling may also note any issu...

Excerpt: ...dgment on the pleadings must appear on the face of the challenged pleading or be based on facts which the court may judicially notice. C.C.P. 5452 provides that "[i]n the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." If the motion for judgment on the pleadings is granted, it may be granted with or without leave to amend. ...

Excerpt: ... are asserted against Defendant Hua Guo (a former property manager and corporate signer of Bloomage) and her related alter ego Defendants for Defendants' wrongful conversion of Bloomage's corporate funds. Plaintiff retained a forensic accountant to determine the extent of Defendants' wrongdoing and discovered that Defendants took at least $1.85 million directly from Bloomage's accounts, which is at least $1.25 million in excess of what Hua Guo co...

Excerpt: ...d title to the real property that it acquires; but instead transfers the property to a separate holding company that it owns and controls, and secures the interest of the investors by assigning them a membership interest in the new entity. (ld.) In mid-2021, Defendants Balcor, LLC ("Balcor") and Sam Ostayan ("Mr. Ostayan") (collectively, the "Balcor Defendants") listed a real property located at 11325 Magnolia Avenue, Riverside, California (the "...

Excerpt: ...hase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. (See Keithly Dec., Exhibit A.) The only parties to the RISC are Plaintiff and the now dismissed dealer, Fritts Ford. FMC is not and does not claim to be an employee, agen...

Excerpt: ...failed to implement policies and procedures to prevent the spread of Covid-19 in County jails and failed to adequately screen for Covid-19 or do an analysis of the jail population to assess risks and create additional space in the facilities. The operative compliant is the second amended complaint. It asserts the following causes of acton: (1) 42 U.S.C. S 1983 and (2) 42 U.S.C. S 1983 (Monell Liability). Defendants contend that Plaintiffs sue thr...

Excerpt: ...ally operative language, assuming there is no genuine dispute regarding the document's authenticity"; and "the legal effect of the recorded document, when that effect is clear from its face." (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 255, 255, disapproved on other grounds by Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919; see Poseidon Development, Inc. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1118 [jud...