Excerpt: ...istake. Defendant must show a meritorious case, satisfactory excuse for not presenting a defense, and diligence. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 982.) Defendant meets its burden. "One ground for equita ble relief is extrinsic mistake -a term broadly applied when circumstances extrinsic to the litigation have unfairly cost a party a hearing on the merits." (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 981.) Here, defendant fail...

Excerpt: ...rvice Of Summons For Lack Of Persona l Jurisdiction. The "motions by (1) Rene LeBlanc and (2) Patricia LeBlanc to quash service of summons for lack of personal jurisdiction" are denied. Plaintiff (a California resident) pleads that Texas -resident LeBlancs defrauded him in a Mexican land deal along with Patricia LeBlanc's mother (the putative landowner) and a contractor who was to build a house for plaintiff on the property (both Mexi...

Excerpt: ...e 5, 3- PLAINTIFF DIANA WESTNEDGE'S Motion To Compel Further Responses By Defendant Victor Makras Doing Business As Makras Real Estate To Plaintiffs Request For Production Of Documents Set One And Request For Monetary Sanctions Against Defendant Victor Makras Doing Business As Makras Real Estate And His Attorney. [PART ONE OF TWO] Pro Tem Judge James Fleming, a member of the California State Bar who meets all the requirements set forth in C R...

Excerpt: ...anctions Against Defendant And Its Counsel Of Record, And For Evidentiary And Issue Sanctions. Pro Tem Judge James Fleming, 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 ...

Excerpt: ...r the alleged contracts are written, oral or implied. (CCP 430.10(g).) Fraud is not pled with particularity. (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73 ["how, when, where, to whom, and by what means the representations were tendered"].) The demurrer is otherwise overruled. For the 9 :30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference...

Excerpt: ...e party opposing arbitration bears the burden on any defense." (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC. (2012) 55 Cal.4th 223, 236; see also Rosenthal v. Great We stern Fin. Securities Corp. (1996) 14 Cal.4th 394, 413; Gamboa v. Northeast Community Clinic (2021) 72 Cal.App.5th 158, 165 [explaining three -step process to determine existence of arbitration agreement].) In this case, plaintiff declares that he does ...

Excerpt: ...cepts that allegation as true and defendant's judicially noticeable documents merely show a dispute of fact. "[J]udicial notice of matters upon demurrer will be dispositive only i n those instances where there is not or cannot be a factual dispute concerning that which is sought to be judicially noticed." (Cruz v. County of Los Angeles (1985) 173 Cal.App.3d 1131, 1134.) "A demurrer is simply not the appropriate procedure for deter...

Excerpt: ...Bar who meets all the require ments 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....

Excerpt: ...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 partie s 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 b...

Excerpt: ...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 appears by telephone, the stipulation may be signed vi a fax ...

Excerpt: ...onald, a me mber 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 th e 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 ...

Excerpt: ...iforn ia 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 hear d 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 Superi...

Excerpt: ...us and violent people," where Embattle provided security. (Id. at 5:24.) A male patron "twice attempted to steal Gomez' phone from her purse" and "pushed both Gomez and Co ntreras." (Id. 4:18 -22.) Later, outside the club, the male patron again pushed plaintiffs, then "pulled out a gun and shot Contreras multiple times." (Id. at 5:8 -9.) Embattle's security guards "were inadequately trained to intervene in ...

Excerpt: ... Government Code section 945.4" is denied as moot. (Petition, 1:23 -24.) Section 945.4 provides that a government claim must be filed to perfect a subsequent court action for damages. Government Code section 946.6 al lows the court to relieve the plaintiff from the failure to file a proper claim. These provisions are inapposite because the record shows that plaintiff (through prior counsel Bora Song) in fact filed a claim on April 27, 2023...

Excerpt: ...ntative ru ling part 1 of 2) Pro Tem Judge Philip Ward, 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 wil l 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 Ju...

Excerpt: ...r 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 with the same authority as a Superior Court Judge. If...

Excerpt: ...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 with the same authority as a Superior Court J...

Excerpt: ...4; next to a picture of two thick pats of butter. The package's "nutrition facts" list "shortening butter blend" as the second of 11 crust ingredients. In fact, the FAC alleges, the crust's butter content is negligible. Thus, the FAC pleads violations of California's unfair competition (UCL) and false advertising (FAL) laws and the state's consumer legal remedies act (CLRA), as well as fraud and unjust enrichment. ...

Excerpt: ...sdiction. (Edmunds v. Superior Court (1994) 24 Cal.App.4th 221, 228.) To establish specific jurisdiction, "[t]he plaintiff 's claims� 'must arise out of or relate to the defendant's contacts' with the forum." Ford Motor Co. v. Mont. Eighth Judicial Dist. Court, 592 U.S. 351, 359 (2021). In addition, a manufacturer can be haled into court where it makes efforts to serve the California mar ket and the sale is not an isola...

Excerpt: ... For Monetary Sanction s(tentative ruling part 1 of 2) Pro Tem Judge James Fleming, 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 t o 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 hearin...

Excerpt: ...e ruling has been emailed to the parties.) Defendants' motion for summary judgment is denied. The court rules as follows on defendants' alternative motion for summary adjudication: The motion is denied as to cause of action one for race discrimination in violation of FEHA. The motion for summary adjudication as to the second cause of action for retaliation is denied. The motion for summary adjudication as to the third cause of action for ...

Excerpt: ...2:3 -14; TACC 19:19- 22, 21:9.) First, defendant "cannot recover restitution on behalf of others" under his unfair competition law (UCL) claim because this case is not a class actio n. (Not. 2:9-12; Amalgamated Transit Union, Local 1756, AFL -CIO v. Sup. Ct. (2009) 46 Cal.4th 993, 1005 ["all unfair competition law actions seeking relief on behalf of others �must be brought as class actions"].) Second, "attorney's fees ar...

Excerpt: ...n Code of Civil Procedure 340.6 to argue that the malpractice case is time -barred, because the complaint was filed on December 4, 2023 - purportedly more than a year after plaintiffs "suffered the injuries alleged" and "the end of" the "attorney -client relationship." (Memo. 2:3 -6.) This court assumes for argument's sake that alleged injuries were suffered before December 4, 2022. But CCP 340.6 provides that the lim...

Excerpt: ...ary to effectuate the arbitrator's choice of remedy. Yer ABC, LLC, the alleged assignee of defendants, argues that the court should deny this motion because it is liquidating defendants' assets and confirmation of the arbitrator's security award would conflict with governmental restrictions. Yer ABC, LLC's only proof of these restrictions is a naked declaration from one of its members. (Yorkison Decl.) There is nothing from the ...

Excerpt: ...re inconsistent with the right to arbitrate; (2) whether "the litigation machinery has been substantially invoked" and the parties "were well into preparation of a lawsuit" before the party notified the opposing party of an intent to arbitrate; (3) whether a party either requested arbitration enforcement close to the trial date or delayed for a long period before seeking a stay; (4) whether a defendant seeking arbitration filed ...