Excerpt: ...nder CCP §1632. That section provides, in pertinent part, as follows. (b) Any person engaged in a trade or business who negotiates primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, orally or in writing, in the course of entering into any of the following, shall deliver to the other party to the contract or agreement and prior to the execution thereof, a translation of the contract or agreement in the language in which the contract o...

Excerpt: ...e section 435.5 is based on an incorrect reading of the Code of Civil Procedure. Moving party's Reply brief contends that the meet/confer requirement is inapplicable because the motion is pursuant to sections 128(a) and 436. Section 128(a) merely identifies the court's general powers; it has nothing to do with a motion to strike. Section 436 authorizes a motion to strike. However, section 435.5 provides that the moving party must meet and confer ...

Excerpt: ...th interests materially adverse to those of a prospective client in the same “or a substantially related matter” if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter.” (Rules of Prof. Conduct, Rule 1.18(b), (c).) Plaintiff contends that Defendant Chew failed to close escrow on the sale of Chew's property after consulting with Perkins Coie. Plaintiff contends that cer...

Excerpt: ...o the settlement, or (2) had no intention of honoring the terms of the settlement, or (3) allowed the motion to be filed because it intended to cause a delay of the trial or delay performance on the settlement causing additional damage to Elevation.” [MPA, p.3] Elevation, however, has failed to set forth sufficient facts to establish that Terrace acted for the sole purpose of harassment or delay. Counsel for Terrace asserts in his declaration t...

Excerpt: ...ing KW's Demurrer to the fraud cause of action in Plaintiffs' original Complaint, on grounds Plaintiffs had alleged no underlying facts supporting their conclusory allegation that KW ratified/authorized Defendant Yu's conduct (Civ. Code § 2339), and had alleged no facts supporting employer liability under the doctrine of respondeat superior. The 12‐6‐18 Order granted Plaintiffs leave to amend to allege, if they could, a fraud claim against K...

Excerpt: ... to Evidence Code Sections 403, 702, 1401, and 1402, and California Rules of Court Rule 3.1110(g). The assertion that the March 17, 2015 agreement, including both the English translation and the Chinese language version, was prepared by SUE is not supported by the evidence currently before the court. The remainder of Defendant's evidentiary objections are OVERRULED. Plaintiff's Motion for Summary Adjudication is DENIED pursuant to Code of Civ. Pr...

Excerpt: ...1) Defendant entered into an account with Bank of America, (2) Defendant authorized all transactions on the account, (3) the present balance is $5,005.59, and (4) Defendant's last payment on the account was on April 16, 2017. These admissions are sufficient to establish amount of a debt, but not sufficient to entitle Plaintiff to judgment on the pleadings. B. The Motion Fails to Dispose of Any Cause of Action. The complaint alleges three common c...

Excerpt: ...1, is ruled on as follows: The motion to Request nos. 12‐16 is GRANTED. The County establishes good cause for production of these documents. (See C.C.P. § 2031.310(b)(1).) Once good cause is shown, the burden shifts to the responding party to justify the objection. (Kirkland v. Sup. Ct. (2002) 95 Cal.app.4th 92, 98.) Here, Jane Doe #1 failed to oppose this motion, and therefore has not justified her objections. The motion to Request no. 17 is ...

Excerpt: ...detect the wrongful acts of Clark. A. The Proposed Cross‐Complaint Appears to State a Cause of Action. Generally, whether a pleading states a cause of action should be decided by demurrer, not on a motion for leave to file the pleading. For purposes of this motion only, the Court declines to apply the case of Jaffe v. Huxley Architecture (1988) 200 Cal.App.3d 1188. The same court that decided Jaffe later limited that case to its facts. (See Pla...

Excerpt: ...ion to Compel Arbitration and Stay Action is DENIED. Plaintiff waived his right to compel arbitration. Plaintiff complied with Code of Civil Procedure section 1281.5 by alleging that he does not waive the right to arbitrate and intends to move, within 30 days after serving the Complaint, to compel arbitration. (Code of Civ. Proc. Sect. 1281.5, subd. (a); see Complaint at 12:13‐20.) Section 1281.5 requires that “within 30 days” after serving...

Excerpt: ...sufficient evidence to establish that Judgment Debtor has the right to any payment from Momentum Auto Group, Inc. and Fairfield CJD, LP. The declaration of Plaintiff's account manager, Pliny Jones, states that declarant is informed and believes that Defendant is entitled to receive income from these entities as an independent contractor based on an internet search performed. However, declarant fails to set forth any facts to support how declarant...

Excerpt: ...ce of the complaint; it is not enough that the complaint shows merely that the action may be barred. McMahon v. Republic Van & Storage Co., Inc. (1963) 59 Cal.2d 871, 874. Here, the statute of limitations bar appears clearly on the face of the Verified Complaint as Plaintiff admits that he waited nineteen years to assert a claim to the Subject Property. The discovery rule does not save Plaintiff's claims. It is the discovery of facts, not their l...

Excerpt: ... Motion of Plaintiff Bonnie Rodemeyer (“Plaintiff”) and proposed additional Plaintiffs Kristina L. Nelson, Michael J. Rodemeyer and Edward E. Rodemeyer, III (“proposed Plaintiffs”) to Compel Defendants Jim Heldberg and Professional Computing Solutions, Inc. dba Silicon Segway (“Defendants”) to Produce Independent Medical Examiner (“IME”) Report is ruled on as follows: This motion purports to be brought by the proposed Plaintiffs, ...

Excerpt: ...the entire cause of action for failure to allege the legal description of the property and failure to allege tender of the outstanding debt. The allegation of tender is not excused; Plaintiff fails to allege facts showing that the sale was void. B. Third Cause of Action (Breach of Implied Covenant) Demurrer is SUSTAINED. Of the implied covenant of good faith and fair dealing, the pleading fails to allege a breach. The acts of which Plaintiffs com...

Excerpt: ...e of whether the existence of Defendants, who are necessary parties to Plaintiffs' claim for partition, but who are non‐signatories to the arbitration provision of the Bagnarols' LLC operating agreement, precludes the Court from determining that Plaintiffs' claim is subject to arbitration pursuant to the arbitration agreement. Because Plaintiffs have not presented authority indicating that the existence of third parties precludes application of...

Excerpt: ...RULING: The Motion of Plaintiff Bonnie Rodemeyer (“Plaintiff”) and proposed additional Plaintiffs Kristina L. Nelson, Michael J. Rodemeyer and Edward E. Rodemeyer, III (“proposed Plaintiffs”) to Compel Defendant Jim Heldberg dba Silicon Segway to Serve Verified Answers and for Issuance of Monetary Sanctions is ruled on as follows: This motion purports to be brought by the proposed Plaintiffs, who are not yet parties to this action. Theref...

Excerpt: ...ndant's motion is procedurally defective as it fails to include a copy of the answer or other pleading proposed to be filed in this action. Code Civ. Proc. §473(b). If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice...

Excerpt: ...019. There are no acts for the Court to compel. The sufficiency of the objections and responses are not at issue in the present motion since the motion is pursuant to Code of Civil Procedure sections 2030.290 and 2031.300 and not 2030.300 or 2031.310. (See Notice of Motion.) Defendant's Motion to Compel Production of Documents is DENIED. A motion to compel production of documents is proper when a party responds that he will comply with the reques...

Excerpt: ... Proc. §1987.1. These subpoenas seek information that is protected by Plaintiff's privacy rights. In Board of Trustees v. Superior Court (1981) 119 Cal.App.3d 516, the Court barred disclosure of “personnel… or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.” Id. at 529; see Cal. Const., Article I, §1. Defendants fail to demonstrate a compelling need for the production of these documents...

Excerpt: ...d cause of action against Defendant. All of Plaintiffs' claims against Defendant are barred by res judicata. Res judicata gives certain conclusive effect to a former judgment in subsequent litigation involving the same controversy. (Boeken v. Philip Morris USA, Inc. (2010) 48 Cal.4th 788, 797.) Claim preclusion operates as a bar to a second lawsuit between the same parties on the same cause of action. (Id.) The elements for claim preclusion are: ...

Excerpt: ...tter. The Court directs Plaintiffs' counsel to file motions separately in the future. A. BLACK PINE GROUP's Motion to Compel JAMES YOUNG to Produce Documents The motion is DENIED. 1. The motion identifies documents that purportedly have not been produced, but the motion does not indicate whether the missing documents are responsive to any document category. Plaintiff's failure to specify the document categories places the burden on the Court to f...

Excerpt: ...App.2d 194, 197.) The same policy favoring liberality in amended pleadings applies so that all matters in dispute between the parties may be resolved in a single lawsuit if reasonably possible. (Id.) Plaintiffs seek to supplement the Complaint to include allegations of additional trespasses and nuisances that they have discovered since the Complaint was filed. The only prejudice argued by Defendants is that they have already deposed Plaintiffs an...

Excerpt: ...Memorandum of Points & Authorities, neither Defendant's Notice of Motion nor the Demurrer itself state that the Demurrer is being brought under Code Civ. Proc. § 430.10(a), which is the subsection dealing with subject matter jurisdiction. Thus, the jurisdiction argument was not properly noticed. Further, the cited authority does not establish that the Court lacks subject matter jurisdiction over this breach of contract claim. The Complaint is no...

Excerpt: ...rike that portion of the SAC setting forth a cause of action for negligence is GRANTED. Paragraphs 87 through 107 of the second amended complaint are hereby stricken. Ocwen contends the entire SAC should be stricken because it was not timely filed under operation of CRC 3.1320. The court notes, however, there is a split of authority as to whether Plaintiffs must file a noticed motion seeking permission to file the late pleading, or whether the co...

Excerpt: ...ourt previously sustained Ocwen's demurrer to these causes of action and provided Plaintiffs with the opportunity to amend the complaint to plead facts sufficient to state a claim. The court's order provided, in pertinent part, as follows: As to the First Cause of Action for violation of Bus. & Prof. Code 17200, the Demurrer is SUSTAINED WITH LEAVE TO AMEND. This claim is predicated on the alleged HBOR statutory violations and common law claims a...