Excerpt: ... – Granted. RFP No. 60 – Granted. RFP No. 61 – Granted RFP No. 62 – Granted. Defendant's Opposition was untimely, but was reviewed and considered. Plaintiff may reply orally at hearing if they wish. Defendant ordered to produce documents on motions granted within 30‐days of service of notice. Prevailing party (Plaintiff) to provide notice pursuant to CCP 1019.5. Song‐Beverly Act, lemon law, case. Plaintiffs Anthony Cebreros and Romulo...

Excerpt: ...inst Defendant Agape Springs, the owner and operator of the park, for its alleged failure and willful refusal to make repairs and proper maintenance of the common areas of the premises. Plaintiffs complain of a long list of alleged substandard conditions existing at the mobile home park which pose a health hazard to Plaintiffs. Plaintiffs are claiming that Defendant's conscious disregard of Plaintiffs' rights and safety and by failing to make rep...

Excerpt: ...nt or cause unnecessary delay. (See Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490.) The liberal policy of permitting amendments should prevail. (Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564‐565.) Plaintiff is granted 20 days leave to amend; leave to amend is limited to the portions of the complaint at issue in the motion. Prevailing party to give notice pursuant to CCP 1019.5. Plaintiff Jose Ortiz (“Plaintiff”) filed the comp...

Excerpt: ...ce of trial does not automatically reopen discovery. This has been the traditional rule. (C.C.P. §2024.020; Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 249.) However, effective September 18, 2020, C.C.P. §599 provides that, during the period of time in which the governor has declared a state of emergency over COVID‐19, “[n]otwithstanding any other law and unless ordered otherwise by a court or otherwise agreed to by the parti...

Excerpt: ...es judicial notice of Plaintiff's Exhibits No. 2 and No. 3 under Evidence Code Section 452(d). Exhibit No. 1 is not relevant to the instant motion. Plaintiff's objections to Declaration of Kasey Diba are overruled. Plaintiff's objections to Declaration of Defendant Vincent Zadeh are overruled. Plaintiffs brought suit against Defendants for declaratory injunctive relief and breach of contract, alleging that Defendants breached a provision of the S...

Excerpt: ...ntiff alleges that she rented a storage unit at StorAmerica in Indio, and, on the evening of March 12, 2019, two unidentified Hispanic males (designated as DOES 1 and 2) entered the StorAmerica facility and broke the lock that was used to secure Plaintiff's unit and stole various personal properties belonging to Plaintiff. Plaintiff alleges that the two unknown males were able to enter the facility by “tailgating” the truck driven by Demurrin...

Excerpt: ...ho filed the pleading that is subject to the demurrer or motion to strike. The moving party is required to file a declaration with his or her demurrer, indicating that a meet and confer occurred, or that the moving party made a good faith attempt to meet and confer and received no response from the other party. C.C.P. §§ 430.41(a)(3) and 435.5(a)(3). “If an amended complaint, cross‐complaint, or answer is filed, the responding party shall m...

Excerpt: ...make the request for a continuance by a noticed motion or an ex parte application … with supporting declarations.” (Cal. Rules of Court, rule 3.1332(b).) A motion for continuance of trial must be accompanied by an affirmative showing of good cause as defined by the California Rules of Court. (Jurado v. Toys “R” Us, Inc. (1993) 12 Cal.App.4th 1615, 1617.) Rule 3.1332 lists the following circumstances that may indicate good cause: (1) The u...

Excerpt: ... subpoenas. A motion to quash a subpoena may be granted on the ground that the matters sought to be discovered are privileged, protected, or beyond the scope of discovery. (CCP §§ 1987.1(a); 2017.010; Rudnick v. Superior Court (1974) 11 Cal.3d 924, 929.) “At a hearing on a motion to quash, the court must determine whether the party seeking the discovery has made a showing of good cause for the production of said matters and whether the items ...

Excerpt: ...n consisting of “the identical evidence previously submitted to the court for its 1/26/21 ruling [pursuant to Civil Code section 3295] that Plaintiff has a substantial probability that he will prevail in his case and also recover punitive damages is again resubmitted for the court's review and consideration….” (Osborne Decl., ¶ 3.) Where plaintiff seeks summary judgment, the burden is to produce admissible evidence on each element of a “...

Excerpt: ...N – Denied (Court can only take judicial notice of the court record or file, and should not be accepted as true matters stated, unless the matters are indisputably true. (Evid. Code, §452(d) [judicial notice may be taken of records of any court of this state]; See Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564‐1569; also see Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97.) Requested exhibits are not part of the court r...

Excerpt: ...ory Relief and Restitution; and (3) Breach of the Purchase Agreement. Defendant Sellers generally demur to all three causes of action. All arguments previously presented to the Court by the parties in the previous demurrers are being revisited in this matter. Plaintiff Buyer has not alleged any additional facts sufficient to state a cause of action as to the first and the second causes of action even after multiple leaves to amend. There is no re...

Excerpt: ...n to enter upon land or other property in the possession or control of the party on whom the demand is made in Respondent's opposition ‐ CCP §2031.010(d). The demand may also be made for permission to measure, survey, photograph, test or sample such land or property, or any object or operation thereon. (Manzetti v. Superior Court (Fitzgerald) (1993) 21 Cal.App.4th 373, 375.) However, as set forth in section 2031.010, an inspection demand only ...

Excerpt: ..., there seems to be no room for dispute as to the moving Defendants' status as the prevailing party. The moving Defendants achieved their litigation objectives – which is a judgment in their favor against Plaintiffs upon the Court's granting of a summary judgment motion, as to all claims asserted against them. Under California Civil Code section 1717, in an action to enforce a contract authorizing an award of fees and costs, the party “prevai...

Excerpt: ... Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code of Civ. Proc., § 437c(c). A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code of C...

Excerpt: ...uest for Production of Documents within 30 days of service of notice. After consideration of CCP Sections 2023.010 and 2030.300(d), responding party (Defendant and attorneys of record) are further ordered to pay attorney's fees and costs to moving party in the amount of $735.00 within 30 days of service of notice. Prevailing party ordered, pursuant to CCP 1019.5, to give notice. Plaintiff's Request for Judicial Notice (RJN) of Orange County cases...

Excerpt: ...ng party (Plaintiff) on MSJ is ordered to give notice pursuant to CCP 1019.5. Defendant's Evidentiary Objections, Nos. 6‐23: 1. Nos. 1‐8 – Overruled. 2. Nos. 10‐14 – Sustained. 3. Nos. 15‐17 – Overruled. 4. Nos. 18 – Sustained. 5. No. 19 ‐ Overruled. 6. Nos. 20‐21 – Sustained. 7. Nos. 22‐23 – Overruled. 8. No. 24 ‐ Sustained. Summary judgment is granted when a moving party establishes the right to entry of judgment on ...

Excerpt: ..., the former related to written defamatory statements and the latter concerning oral defamatory statements. (Civ. Code, § 45.) “Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.” (Civil Code §45.)...

Excerpt: ..., the former related to written defamatory statements and the latter concerning oral defamatory statements. (Civ. Code, § 45.) “Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.” (Civil Code §45.)...

Excerpt: ...Int'l Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981,984.) In the present case, under the Terms and Conditions of Sale of the Contract – which is attached and incorporated into the FAC – Plaintiff very clearly waived its right to recover consequential damages. However, contractual clauses seeking to limit consequential damages must be strictly construed and any ambiguities resolved against the party seeking to invoke the limitation. (...

Excerpt: ...cause there is no triable issue of material fact as to any of her alleged claims. Waiting time penalties fails. Plaintiff asserted 8 separate causes of action in her complaint, which will be briefly discussed in this opinion. Discrimination in violation of Government Code Section 12940(a) – Member of protected class. Under Gov. Code § 12940, employers, among other things, are prohibited from discriminating against any person, as it relates to ...

Excerpt: ...dment is filed within 20‐days, defendant is granted 30 days leave to answer. Defendant's motion to strike punitive damages claim is denied since Plaintiff's Second Amended Complaint does sufficiently set forth a COA for fraud as explained in a separate opinion below (demurrer motion). A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) In evaluating a demurrer, the cour...

Excerpt: ...prove that a defect in the product caused injury. (Brady v. Calsol, Inc. (2015) 241 Cal.App.4th 1212, 1218.) Under a negligence theory, a plaintiff must also prove that the defect in the product was due to negligence of the defendant. (Trejo v. Johnson & Johnson (2017) 13 Cal.App.5th 110, 125.) In their second COA, Plaintiff makes no attempt to describe any defect that specifically caused injury and merely repeats the allegations from the FAC. As...