Excerpt: ...could have reinstated the loan through a personal loan, which would have been approved given Charles Taniguchi's credit score, but Plaintiffs' responses indicate that they lack knowledge as to whether they could have obtained a personal loan using Marie Taniguchi's credit score. The Court agrees that the interrogatory does not require Plaintiffs to disclose their specific credit scores, but they have a duty to make reasonable efforts to obtain th...

Excerpt: ...ormation Radio dba Sing Tao Chinese Radio (“Defendants”) for Summary Judgment or, in the alternative, Summary Adjudication, to the Third Amended Complaint (“TAC”) by Plaintiff Ning Yuan Chang (“Plaintiff”), is DENIED. Defendants move for summary judgment on the grounds that: (1) none of the alleged statements were defamatory since they did not imply that Plaintiff was a murderer; (2) the alleged statements by Defendants were privilege...

Excerpt: ...ason(s) stated below. First, Plaintiffs' 10‐22‐21 Reply brief, and the supporting Decl. of Michael Smith, include evidence that was not provided with DDLV's moving papers. Therefore, any party choosing to oppose the motion, including Continental, has not had a chance to respond to this new evidence. Further, and perhaps more importantly, counsel for DDLV and Continental have indicated to the Court that through their on‐going meet and confer...

Excerpt: ... is GRANTED IN PART, as follows: (1) Parenti's Petition for Preliminary Injunction is GRANTED IN PART. “An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the autho...

Excerpt: ...ants Krafton Inc. and PUBG Santa Monica Inc.'s (collectively, “Krafton”) Motion to Compel Further Responses, filed 8‐10‐21, is DENIED, as set forth below. Because a substantial portion of the papers supporting and opposing the motion were filed under seal, the Court will send to the parties, by email, a more detailed explanation of the Court's Tentative Ruling. Krafton's motion seeks an order compelling Plaintiffs/Cross‐Defendants NetEa...

Excerpt: ...ndants contend the Court lacks subject matter jurisdiction in this case because “this action arises from claims relating to an administration of an estate in a foreign jurisdiction of a decedent who did not die in California nor leave property in California at the time of his death.” MPA, p.5. Defendants appear to be correct that all of Plaintiff's claims stem from Defendant Allison Lim's duties as executor of their father's estate, which was...

Excerpt: ... motion for summary judgment and alternative motion for summary adjudication of issues is denied in its entirety. The Court sustains Defendant's Objection to the Police Report, showing that the collision occurred in the Number 2 lane, just 100 feet south of the University Avenue Exit, as unauthenticated and hearsay. The Court exercises its discretion to not rule on the remainder of Defendants' objections, since the challenged evidence is not mate...

Excerpt: ...�PART and DENIED‐IN‐PART, as set forth below. Plaintiff's request for an order holding Defendants in contempt and/or issuing an OSC is DENIED. Having reviewed the evidence, the Court finds it does not clearly demonstrate that Defendants willfully disobeyed the Court's 4‐9‐21 Order. Chapman v. Superior Court (1968) 261 Cal.App.2d 194, 200‐201. The 4‐9‐21 Order awarded attorney's fees and costs to Plaintiff following Plaintiff's accep...

Excerpt: ... to appear for deposition on October 11, 2021. In July 2021, counsel for SBM contacted Plaintiff's counsel in an attempt to schedule Mr. Agredano's deposition. Baarts Decl., ¶ 7. Plaintiff's counsel indicated that he was reaching out to Mr. Agredano to determine his availability. Id. However, Plaintiff's counsel did not follow up and, as a result, on July 22, SBM served a deposition notice setting Mr. Agredano's deposition for August 12. Id., ¶...

Excerpt: ...n these consolidated cases, is GRANTED. Code Civ. Proc. Sect. 437c. This case has been consolidated with Case Nos. CIV526396, 17CIV00114, and 21CIV01178. The four operative Complaints initially asserted additional claims against defendant RH, several of which were previously adjudicated in RH's favor. At present, the remaining causes of action against defendants RH and Larry Young are (1) violation of Civ. Code Sect. 2924c‐d; (2) wrongful forec...

Excerpt: ... cause of action alleges that a controversy exists in that (1) Plaintiffs contend that the only amount owed is $28,000, and (2) Defendant contends that Plaintiffs owe $195,156.79. (FAC ¶¶ 9 & 17.) Plaintiffs request a judicial declaration of the parties' obligations under the Note and Deed of Trust. “The issues to be addressed in a summary adjudication motion are framed by the pleadings.” (Wattenbarger v. Cincinnati Reds, Inc. (1994) 28 Cal...

Excerpt: ...ANY TENTATIVE RULING: The Demurrer of Defendants Saeed Amidi, an individual; Saeed Amidi, as Trustee of the Fatemeh Travajjoh Amidhozour Revocable Trust Dated May 24, 2002; Saeed Amidi, as Trustee of the Amended and Restated Fatemeh Travajjoh Amidhozour Revocable Trust Dated June 12, 2014; Rahim Amidhozour, an individual; and Amidi, LLC (“Defendants”) to the Complaint of Plaintiff Fatemeh Tavajjoh Amidhozour, individually and as Trustee of th...

Excerpt: ...cularized facts creating a reasonable doubt that (1) the directors are disinterested in and independent of the challenged transaction; or (20 the challenged transaction was otherwise the product of a valid exercise of business judgment. (Charter Township of Clinton Police & Fire Retirement System v. Martin (2013) 219 Cal.App.4th 924, 935‐940; Bader v. Anderson (2009) 179 Cal. App. 4th 775, 787.) The test is disjunctive. A director is not “dis...

Excerpt: ...h below. The Motion for Summary Adjudication is DENIED with respect to Plaintiff's Second and Third causes of action. Consequently, the Motion for Summary Judgment is also DENIED. Defendant SBM seeks summary judgment as to the claims asserted by Plaintiff Maria Recinos. 1st & 4th COA – Discrimination and Retaliation With respect to Plaintiff's first cause of action for discrimination and Plaintiff's fourth cause of action for retaliation, Defen...

Excerpt: ...: The County moves for summary judgment to the FAC and for summary adjudication to the count for dangerous condition of public property. (See County's Notice of Motion.) It appears that there is only one count alleged against the County for dangerous condition of public property in the FAC though. (See County's Appendix of Evidence, Exh. 2.) Moreover, the County seeks both summary judgment and summary adjudication based on the same three grounds....

Excerpt: ... arising from injuries he sustained while operating a PEXTO Roll Forming Machine. Section 4558 provides a limited exception to the exclusive remedy provisions in the Workers' Compensation Act for an employee whose injury or death is “proximately caused by the employer's knowing removal of, or knowing failure to install, a point of operation guard on a power press, and this removal or failure to install is specifically authorized by the employer...

Excerpt: ... 9‐3‐21 Opposition at 8‐9), the Court finds that it has jurisdiction/the ability to rule on the motion. As long as a Sect. 128.7 sanctions motion is served, as here, in compliance with the safe harbor provision before the case is dismissed or disposed of by the Court, the Court retains jurisdiction to grant a sanctions motion even if the motion is filed after a dismissal or entry of judgment. Day v. Collingwood (2006) 144 Cal.App.4th 1116, ...

Excerpt: ...should be permitted. The Court followed the preferred practice of permitting the amendment and allowing the parties to test its legal sufficiency by demurrer. (See California Casualty Gen. Ins. Co. v. Superior Court (1985) 173 Cal.App.3d 274, 281.) Demurrer to the second cause of action (concealment) is sustained. The economic loss rule precludes tort claims when the claim is contractual in nature and the plaintiff has suffered only economic dama...

Excerpt: ...on 473, subdivision (b). A. Substituted Service on Defendant Magpantay Was Defective. Substituted service must occur at an individual's “usual place of abode”, usual place of business, or usual mailing address. (Code of Civ. Proc. § 415.20 (b).) Plaintiff attempted to serve Defendant Magpantay at a residential address on Kimberly Way in San Mateo. The uncontested evidence is that the San Mateo residence was not Defendant Magpantay's dwelling...

Excerpt: ...ring showing that it served Defendant with the Declaration of Chirsty Briggs, then the Court will rule on Plaintiff's Motion as follows: Plaintiff Sacor Financial, Inc.'s Motion to Correct Error in Rejecting Renewal of Judgment is GRANTED. According to the Declaration of Christy Briggs, she attempted to file a timely renewal application on Plaintiff's behalf on February 12, 2021 but was unable to do so due to technical problems with the Court's e...

Excerpt: ...sel re‐noticed the deposition of Mr. Hernandez. The deposition notice states: “Plaintiff has been informed by the deponent's attorney an interpreter who speaks Spanish will be required for the deponent; therefore, an interpreter who speaks Spanish will be provided to the deponent by Continental Interpreting.” Drakeford Decl., p.3; Exhibit I. On June 8, 2021, two days before the scheduled deposition, Plaintiff's counsel sent an email to defe...

Excerpt: ...the truth of hearsay statements contained in the documents or their legal interpretations. See, e.g., Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113; StorMedia, Inc. v. Superior Court (1999) 20 Cal.4th 449, 457. Respondent's Demurrer to Petitioner's verified Petition is SUSTAINED in part without leave to amend pursuant to Cal. Code of Civ. Proc. § 430.10(e) with respect to the First Cause of Action, and OVERRULED i...

Excerpt: ...e are multiple defendants named in this action, yet the Notice simply purports to seek summary adjudication on behalf of “all Defendants and Cross‐ Complainants” without ever identifying by name who these Defendants and CrossComplainants are. Additionally, Defendants' counsel fails to identify who they represent underneath the attorneys' names. The Memorandum of Points and Authorities also fails to identify by name which Defendants seek sum...

Excerpt: ...This action is STAYED pending the outcome of the parties' arbitration pursuant to Cal. Code of Civ. Proc. § 1281.4 and 9 U.S.C. § 3. There is a strong presumption in favor of arbitrability in California. Cione v. Foresters Equity Servs., Inc., 58 Cal. App. 4th 625, 642 (1997). A party may move to compel arbitration pursuant to Code of Civ. Proc. Section 1281.2, which states, in relevant part: On petition of a party to an arbitration agreement a...

Excerpt: ...or punitive damages requires a showing that the accused party is guilty of “oppression, fraud, or malice.” Civ. Code 3294. Here, the SAXC seeks punitive damages based on the asserted Fifth Cause of Action for “fraud by intentional misrepresentation.” CrossComplainants McNally and Lombardi also argue De Bibo's alleged conduct/actions constitutes “malice” under Sect. 3294. The Court finds that the SAXC fails to allege facts supporting t...