Excerpt: ...ntiffs and Vantage Maintenance. (See Code Civ. Proc., § 452; Compl., 2, 5, 9, 11.) Vantage Maintenance argues the allegations use boilerplate language, but at the outset of litigation, the amount of specificity in Plaintiffs' complaint adequately gives the Defendants notice of the issues. (See, e.g., Barsegian v. Kessler & Kessler (2013) 215 Cal.App.4th 446, 451.) Similarly, at the pleading stage, Plaintiffs do not have to specifically name whic...

Excerpt: ... 430.10(e).) "Res judicata bars a cause of action that was or could have been litigated in a prior proceeding if: '(1) the present action is on the same cause of action as the prior proceeding; (2) the prior proceeding resulted in a final judgment on the merits; and (3) the parties in the present action or parties in privity with them were parties to the prior proceeding. [Citation.]'" (Federal Home Loan Bank of San Francisco v. Countrywide Finan...

Excerpt: ...ative mandamus in Superior Court. (See, e.g., Delta Dental Plan of California v. Banasky (1994) 27 Cal.App.4th 1598, 1605‐1608.) However, Defendant has not conclusively established that such a claim is the only cause of action that Dr. Khehra may bring following the termination of her membership or contract, or that all of her causes of action solely constitute challenges to such termination. (See, e.g., Economy v. Sutter East Bay Hospitals (20...

Excerpt: ...ys General Act of 2004 (PAGA) for civil penalties for Defendants' alleged violations of the California Labor Code governing, among other things, provision of meal and rest breaks, payment of wages, provision of itemized wage statements, and indemnification of expenditures. Claims under PAGA are not arbitrable. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 384 ["where, as here, an employment agreement compels the waiver o...

Excerpt: ...quests For Admissions, Admitted Pro Tem Judge Scott Borrowman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before ...

Excerpt: ...ide the scope of the arbitration clause in the Operating Agreement, which provides that "any dispute arising out of this Agreement shall be arbitrated under the terms of this clause." This clause is limited in scope to disputes relating to the interpretation and performance of the Operating Agreement. (See Rice v. Downs (2016) 248 Cal.App.4th 175, 187.) Plaintiff's "Complaint for Breach of Written Loan Agreement" does not allege any breach of the...

Excerpt: .... Plaintiff has maintained its burden of production on each of its claims for breach of contract and common counts based upon the declaration of Plaintiff's qualified witness, Jarrad M. Emamian. The Court overrules Defendant's objections to the Emamian declaration. Mr. Emamian properly lays a foundation to testify regarding the Bank's business records, which meet the business records exception of Evidence Code, § 1271. (Emamian Decl., 1‐5; Peo...

Excerpt: ...ction for declaratory and injunctive relief is sustained without leave to amend. (See Code Civ. Proc., § 1061 ["The court may refuse to exercise the power granted by this chapter in any case where its declaration or determination is not necessary or proper at the time under all the circumstances."] The gravamen of the third cause of action contests respondent Regents' conduct during the course of the substitution administrative hearing. (Complai...

Excerpt: ...staining without leave to amend Defendants' demurrer to the petition for writ of mandate and complaint for injunctive and declaratory relief, the Court entered judgment against Petitioners, and directed that they "shall take nothing by reason of their complaint" and that the action be dismissed with prejudice. Petitioners are not entitled to attorneys' fees under the Ralph M. Brown Act. Government Code section 54960.5 authorizes a court to award ...

Excerpt: ... Enforce Protective Order, And Stay Discovery Pro Tem Judge Aaron Minnis, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proc...

Excerpt: ...tion for breach of contract alleged by Solvd, sustained without leave to amend as to the sixth cause of action for violation of Penal Code 496, and overruled as to all other causes of action. The breach of contract claim alleged by Solvd, a non‐party to the contract, lacks ultimate facts to support Solvd's ability to sue as a successor. There is no allegation why Solvd is a successor to QaProsoft. The second through fourth causes of action for ...

Excerpt: ...ed to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email...

Excerpt: ...IA MATURIN'S Motion To Compel Deposition Attendance Of Defendant General Motors Llcs Person(S) Most Knowledgeable And Custodian(S) Of Records; And Request For Sanctions Pro Tem Judge Scott Borrowman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreei...

Excerpt: ... leave to amend. Ms. Bell alleges that the City is directly and vicariously liable for the negligent training, hiring, and disciplining of its officers. The City has no direct liability for negligent hiring and supervision. (de Villers v. County of San Diego (2007) 156 Cal.App.4th 238, 252 ["We find no relevant case law approving a claim for direct liability based on a public entity's allegedly negligent hiring and supervision practices."]; Munoz...

Excerpt: ...duty and the eighth cause of action for fraud in the cross-complaint filed by Robert and Nili Poynter is overruled as to all three causes of action. The cross-complaint does not show that the negligent misrepresentation and fraud claims are necessarily barred by the statute of limitations. Assuming the limitations period began to run in April 2016, the cross- complaint was filed within three years of the filing of this lawsuit. (ZF Micro Devices,...

Excerpt: ...unty Superior Court. Defendant Julie Anne Mesman's motion to change venue is denied. Defendant's motion to change venue under Code Civ. Proc. § 397(a)'s mandatory grounds is denied. On a motion to change venue, the burden is on the moving party to show (1) that venue is proper in a different county than the one in which the lawsuit was filed and (2) that venue is improper in the current county under any applicable theory. (La Mirada Community Ho...

Excerpt: ...gainst it in the first amended complaint filed by plaintiff Coby Velasquez is granted without prejudice to Mr. Velasquez's right to file a motion seeking leave to amend to allege punitive damages allegations against Ridge Tool if and when Mr. Velasquez discovers or otherwise learns of and is able to plead facts supporting punitive damages liability against Ridge Tool. No opposition filed and good cause shown. Mr. Velasquez has not alleged suffici...

Excerpt: ... DEFENDANT DONG FU's Motion To Sanction Demas Yan, Tina Yan, And Mark Lapham And To Set Aside And Void (1)Judgment Of January 14, 2015 And (2) Acknowledgment Of Assignment Of Judgment Of August 5, 2019 And To Deem Or Declare Demas Yan And Tina Yan To Be Alter Ego Of Legal Recovery, LLC. Defendant Dong Xing Fu's motion to sanction Demas Yan, Tina Yan and Mark Lapham, to set aside the judgment of January 14, 2015 and the assignment of that judgment...

Excerpt: ... ends of justice would be promoted by the change." The burden is on the party seeking a change of venue to prove 1) that the convenience of witnesses and 2) that the ends of justice will be promoted by a change. (Corfee v. Southern California Edison Co. (1962) 202 Cal.App.2d 473, 477.) To show the convenience of witnesses, the moving party "must do through affidavits which contain something more than generalities and conclusions. Affidavits or de...

Excerpt: ...t possess, and cannot reasonably obtain, needed evidence that he was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 855.) Defendant failed to ask follow up questions about Bob Johnson, who Plaintiff testified made purchases with him at the Pacific Coast Building Supply Store. (Triplett Declaration, Ex. B at 667; Scheiding v. Dinwiddie Constr. Co. (1999) 6...

Excerpt: ...omplaints were untimely. "Substantial evidence" is defined as evidence of "ponderable legal significance?reasonable in nature, credible, and of solid value?[and] relevant evidence that a reasonable mind might accept as adequate to support a conclusion." (Young v. Gannon (2002) 97 Cal.App.4th 209, 225.) The parties agree that "[u]nder the City's internal complaint procedures, complaints of discrimination must be filed within 180 calendar days of t...

Excerpt: ... Superior Court. Defendant Julie Anne Mesman's motion to change venue is denied. Defendant's motion to change venue under Code Civ. Proc. § 397(a)'s mandatory grounds is denied. On a motion to change venue, the burden is on the moving party to show (1) that venue is proper in a different county than the one in which the lawsuit was filed and (2) that venue is improper in the current county under any applicable theory. (La Mirada Community Hospit...

Excerpt: ...ge Steve Stein, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion wi...

Excerpt: ... all overruled: 1: A "plaintiff may plead the legal effect of the contract rather than its precise language." (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 199.) Moreover, defendants claim no lack of clarity regarding the contract. (Id.) 2: Alter ego is adequately pled against the individual defendants. (Cmplt. 2:19-3:19.) 3: Promissory fraud is adequately pled; e.g., the complaint alleges that defendant...

Excerpt: ...s all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party a...