Excerpt: ...compelling further responses to an interrogatory if “[a]n answer to a particular interrogatory is evasive or incomplete.” (Code of Civ. Proc., § 2030.300, subd. (a).) By this Motion, the State of California (the “State”) seeks to compel a further response from Darkhan Bylkylov (“Bylkylov”) to Form Interrogatory No. 17.1 propounded in its second set of form interrogatories. The interrogatory requests, inter alia, that Bylkylov provide...

Excerpt: ...nstitute a defense to the complaint.” (Code of Civ. Proc. Section 438, subd. (c)(1).) The motion fails to make that showing. A. For Judgment on the Pleadings, a General Denial Overcomes a Properly Pleaded Complaint. The Judicial Council Form Complaint sufficiently pleads common counts for account stated, goods sold and delivered, money lent, and money paid. The next question is whether the Answer controverts the Complaint's allegations. Defenda...

Excerpt: ...riginally filed a complaint, alleging among other things, a cause of action under the Insurance Fraud Preventions Act (IFPA). Plaintiff the Insurance Commissioner of the State of California (CDI) intervened and assumed “primary responsibility” for prosecuting the IFPA cause of action. (Ins. Code, § 1871.1, subd. (f)(1). By way of a written agreement (Agreement), Plaintiff and CDI have settled the IFPA cause of action. Defendants The Allergy ...

Excerpt: ... facts alleged in the complaint and the reasonable inferences that may be drawn from those facts.” (Miklosy v. Regents of the University of Cal. (2008) 44 Cal.4th 876, 883.) The Court may “also consider matters that may be judicially noticed . . . .” (Brown v. Deutsche Bank Natl. Trust Co. (2016) 247 Cal.App.4th 275, 279.) The Court does “not, however, assume the truth of contentions, deductions or conclusions of law.” (Guerrero v. Paci...

Excerpt: ...(1990) 224 Cal.App.3d 1249, 1254–55 (additional IME's permitted upon showing of good cause). Plaintiff alleges that during a 2017 pickup volleyball game at Stanford University, Defendant picked Plaintiff up and accidentally dropped Plaintiff on the top of her head, causing Plaintiff severe injuries, including traumatic brain injury, concussion, jaw fracture, and osteomyelitis in her jaw (a bone infection). Since the 2017 incident, Plaintiff has...

Excerpt: ...ve, for Summary Adjudication of the question of whether the Option Agreement between the parties was a loan.”]; see also Defendant's Memorandum.) However, the Court previously denied Defendant's motion for summary judgment to this same cause of action after Defendant argued that the Option Agreement was not a loan. (See Order filed July 18, 2022.) The Court found that a triable issue of material fact existed as to whether the transaction betwee...

Excerpt: ...on. Jamie Jacobs‐May (ret.). No hearing was required. (Marathon Nat. Bank v. Sup. Ct. (1993) 19 Cal.App.4th 1256, 1258.) A reconsideration motion must be "based upon new or different facts, circumstances, or law" and a valid reason for not presenting them earlier. (CCP SEC 1008; Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500.) Plaintiff makes none of these showings. Rather, Judge Jacobs‐ May's 21‐page report makes clear that the obj...

Excerpt: ...ly pleads assignment from West Builders, Inc. to Museum Plaza LLC on its first two pages. Overruled. Second/Third, other parties may be found culpable with Steadfast. Thus, equitable indemnity and contribution claims are appropriate at the pleading stage. Further, as shown by CCP 877, culpability may be spread among a mix of tortfeasors and contract obligors. Overruled. Fourth, an insurer and insured have a "special relationship," but the insurer...

Excerpt: ...emotional distress is SUSTAINED with leave to amend. The demurrer is OVERRULED with respect to the remaining causes of action. 1st, 2nd & 7th COA – Breach of Lease, Breach of Covenant of Good Faith & Fair Dealing, Violation of CLRA Defendants demur to Plaintiffs' first cause of action for breach of lease and second cause of action for breach of the covenant of good faith and fair dealing on the grounds that Plaintiffs are not parties to the Lea...

Excerpt: ..., Civ. Code Sect. 1714(a)”), the Demurrer is OVERRULED. Code Civ. Proc. Sect. 430.10(e), (f). Defendants' arguments lack merit. First, contrary to Defendants' contention, the 4AC sufficiently alleges an agency relationship between the demurring Defendants (the alleged owners) and Defendant Ma (the owners' alleged agent). The Demurrer argues that the 4AC does not allege any statements or actions by the owners/demurring Defendants, and only alleg...

Excerpt: ...ended Complaint (the “FAC”) on the basis that it fails to state sufficient facts to constitute a cause of action and that its claims are barred by section 230 of the Communications Decency Act (the “CDA”). Plaintiff John A. Fetto contends that the FAC sufficiently alleges facts supporting the breach of three separate promises and that the CDA does not bar his claims for these breaches. A. Legal Standard on Demurrer The purpose of a demurr...

Excerpt: ...opics. Weiner's PMQ deposition notices also request that Nordstrom produce many categories of documents. Nordstrom, which recently changed counsel in this case, filed this Motion seeking to stay all discovery until Nordstrom files an “answer” to an “operative complaint.” The Court continued the hearings on Weiner's four motions to compel to November 3, 2022 so they could be heard together with this Motion. The Court did so because this Mo...

Excerpt: ... (1) breach of CC&R's, (2) breach of fiduciary duty, (3) nuisance, (4) negligence, and (5) declaratory relief. HOA's moving papers fails to address all theories of liability asserted by Sarko. HOA completely ignores the cross‐ claim for declaratory relief. The Cross‐ Complaint alleges a breach of fiduciary duties resulting from (1) the HOA's selective enforcement of the CC&R's with respect to Sarko's fence and the HOA's failure to follow the ...

Excerpt: ...9, 2022 from Defendant to the Commission on Judicial Performance, which was not served on Plaintiff. The referenced attachments were not enclosed. The special motion to strike, filed by Cross‐defendant Portfolio Recovery Associates, LLC, is GRANTED as to the entire cross‐complaint and each cause of action. Code of Civil Procedure section 425.16, the anti‐SLAPP statute (“strategic lawsuit against public participation”), is designed to pr...

Excerpt: ...ate steps to have the original Brotman Declaration removed from the Court file and replaced by a redacted copy. Even if Plaintiff does not believe that the document contains confidential information, she may not file documents designated by Defendant in the public court file. The Supreme Court has instructed trial courts to use the following framework in deciding discovery disputes that involve the privacy rights: The state Constitution expressly...

Excerpt: ...S OF ACTION Any Defendant, if the required meet‐and‐confer is unsuccessful, may challenge any new cause of action asserted in the Third Amended Complaint by subsequent motion/demurrer. JOINDER The joinder by Yafei Luu, Chao Liu, and Zhiying Qiu is GRANTED. DEMURRER ON FAILURE TO JOIN INDISPENSIBLE PARTIES Nianshun Construction Co., Ltd. has now been added as a plaintiff. Therefore, Defendants' argument that there is a failure to join it as an...

Excerpt: ...ree, PARTIES ARE TO APPEAR. The parties are to be prepared to address whether Plaintiff is required to file a probate petition before proceeding with this action. Plaintiff alleges that she is the sole beneficiary and executor of decedent James Wilmoth's estate, but the parties indicate that no probate action has been filed. Plaintiff claims that Mr. Wilmoth's estate was a small estate that is statutorily exempt from probate, but then also acknow...

Excerpt: ...LC's Motion to Compel Race Technologies, LLC's Further Responses to Requests for Production and Request for Sanctions is GRANTED. Race Technologies, LLC shall provide further responses within thirty (30) days of written notice of the entry of this order. El Camino Motors, LLC (“El Camino”), by this Motion and its concurrently filed companion motion, seeks to compel further responses from Race Technologies, LLC (“Race Tech”) to specially p...

Excerpt: ...ture. Plaintiff seeks to compel further responses to its Requests for Production of Documents, Set One, Nos. 27, 28, 31, 33, 35‐40, and 42 from Defendant Timothy Draegen. The requests seek documents relating to the process by which ownership of Dmarcian EU was allocated. Plaintiff contends the documents are relevant in light of his claim that he was granted an ownership interest in Dmarcian EU. In Defendant's supplemental responses to the disco...

Excerpt: ..., Stephen Lee and Sincere Care Management Corporation (“Defendants”) to the First Amended Complaint of Plaintiff Dora Guerrero, individually and as successor‐in‐interest to the Estate of James R. Wilmoth (“Plaintiff”), PARTIES ARE TO APPEAR. The parties are to be prepared to address whether Plaintiff is required to file a probate petition before proceeding with this action. Plaintiff alleges that she is the sole beneficiary and execut...

Excerpt: ...ds even if statutory relief is unavailable.” (Luxury Asset Lending, LLC v. Philadelphia Television Network, Inc. (2020) 56 Cal.App.5th 894, 910, reh'g denied (Nov. 24, 2020), review denied (Feb. 10, 2021), quoting Rappleyea v. Campbell (1994) 8 Cal.4th 975 [quotation marks, brackets, and ellipses omitted].) “One ground for equitable relief is extrinsic mistake—a term broadly applied when circumstances extrinsic to the litigation have unfair...

Excerpt: ... this in her MP&A, where she requests a new trial at 3:12, and in her proposed order which requests a new trial rather than proposing a change to an order. Defendant's Notice of Motion provides notice only of a request pursuant to §1008 and not a request for a new trial. However, courts may interpret a motion bearing one label as a different type of motion, including in the case of a motion for reconsideration being construed as a motion for a n...

Excerpt: ...ourt issued a tentative ruling denying part of the Motion as moot and denying the remainder of the Motion without prejudice because of, among other things, defects in the Certificates of Merit submitted by Plaintiff. Since then, the Court has continued the hearing on the Motion three times to give Plaintiff an opportunity to correct the defects outlined in the Court's tentative ruling. Despite this, Plaintiff has simply resubmitted the Certificat...

Excerpt: ...ain, et al's (Defendants) August 2, 2022 case management conference statement (CMC Statement), which summarized the case as follows: “There is a dispute concerning the actual amount owed on a loan made by [Plaintiff]. [Plaintiff] has not properly credited certain settlement payments and are seeking to foreclose on a deed of trust.” (Aug. 2, 2022 CMC Statement, ¶ 4(b).) Plaintiff contends these statements were “knowingly false” and “[De...

Excerpt: ...f's Motion for Judgment for Backpay (Motion) because “Plaintiff appears to have filed four documents containing exhibits to a declaration” without filing “the declaration itself or any other papers in support of the Motion.” As a result, the Court could “discern no basis for granting the relief requested by Plaintiff.” (June 30, 2022 Minute Order.) In apparent response to the Court's June 30, 2022 ruling on the Motion, Plaintiff filed...