Excerpt: ...ion for breach of contract, the motion is DENIED. As with a demurrer, a motion for judgment on the pleadings “does not lie to a part of a cause of action.” Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 163. Here, Plaintiff's Second Cause of Action alleges multiple breaches of the 2017 Operating Agreement, not all of which appear to hinge on the parties' dispute regarding LLC ownership percentages. Complaint, ¶¶82‐92. The Second Cau...

Excerpt: ...Cal.App.3d 703, 710. Where discovery is required to oppose a jurisdictional challenge, a defendant may conduct that discovery without being considered to make a general appearance in the action. Factor Health Management, LLC v. Superior Court (2005) 132 Cal.App.4th 246. Specially Appearing Defendant may therefore participate in jurisdictional discovery without waiving their jurisdictional arguments. Plaintiff is authorized to conduct jurisdiction...

Excerpt: ...,000 in American Express Company. Plaintiff American Express National Bank's unopposed “Motion for Order Vacating Dismissal and Entering Judgment against Defendant,” filed 10‐2‐ 20, is GRANTED. Code Civ. Proc. § 664.6. Per the parties' “Stipulation for Conditional Entry of Judgment” filed 10‐22‐18 (signed 10‐19‐ 18), the parties settled their dispute and Defendants agreed to make a series of payments to Plaintiff per a paymen...

Excerpt: ...se of Action for Declaratory Relief, is GRANTED, for the reasons stated below. Both the Fifth and Sixth Causes of Action hinge the same question—namely, given the parties' 2013 settlement agreement, the resolution of the parties' prior lawsuit (Case No. CIV522693), and Defendants Fair et. al.'s recent payment to Plaintiffs J.B.B. et. al. of $475,424.12 to satisfy the Judgment in CIV522693, are Plaintiffs J.B.B. et. al. still investors in/equity...

Excerpt: ...s that Sunstone's request somehow envisions some of the litigation proceeding during arbitration. By the plain language of Sunstone's motion that is not the relief it seeks. The initial complaint and the cross‐complaint encompass two separate agreements. One is a construction contract between an LLC owner, Stillcreek, and a contractor, Sunstone, which contains an agreement to arbitrate. The second is a guaranty contract between individual defen...

Excerpt: ...tiff's Request for Judicial Notice of the following documents filed in CLJ 499923 is GRANTED: 1) Summons 2) Proof of Service of Summons 3) The Complaint 4) The Request for Entry of Judgment 5) The Judgment The Motion for Vacating the Renewal of Judgment is GRANTED. The Court agrees with Plaintiff's argument that the judgment is valid on its face, and under most circumstances extrinsic evidence would not be admissible in collateral attack. However...

Excerpt: ...ne provides a basis to grant the Motion for Summary Judgment. A defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Cal. Code of Civ. Proc. § 437c(p)(2). Once the defendant or cross‐defendant has met that burden, the burden shif...

Excerpt: ...ion for judicial determination of the privilege claim must be made within 30 days after the party received notice of the claim. [ C.C.P. section 2031.285(d)]. At issue here are two documents over which Defendants Edwin Blue and IRA Services, Inc. have asserted attorney‐client privilege and work product protection. On February 24, 2020, Defendants inadvertently produced the two documents as part of its production in response to Plaintiff's disco...

Excerpt: ...nt is proper only if it disposes of the entire lawsuit.” (All Towing Servs. LLC v. City of Orange (2013) 220 Cal. App. 4th 946, 954.) The present motion addresses only the counts for open book account, account stated, and breach of contract; the motion does not address the claims for money had and received (Complaint ¶ CC‐1(b)(1), goods sold and delivered (Id. ¶ CC‐1(b)(3)), money lent (Id. ¶ CC‐1(b)(4), or money paid at defendant's re...

Excerpt: ...ff's claims was made in good faith. Intero contends Plaintiff is unlikely to recover against it because: (1) Plaintiff is not entitled to a finder's fee because Intero did not receive any commission from the sale of the billboards; and (2) Plaintiff is not entitled to a finder's fee because he attempted to negotiate the real estate transaction, which requires a real estate license pursuant to California law. Defendant contends that Plaintiff's ap...

Excerpt: ...are OVERRULED. Defendants' Motion for Summary Adjudication is GRANTED pursuant to Cal. Code of Civ. Proc. § 437c(f)(1) with respect to Issue Nos. 3, 4, 6, 7, 8, and 9. The motion is DENIED with respect to Issue Nos. 1, 2, and 5. Regarding the claim for fraud/concealment, Issue No. 1; “[T]he elements of an action for fraud and deceit based on a concealment are: (1) the defendant must have concealed or suppressed a material fact; (2) the defenda...

Excerpt: ...ervice. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) However, the return of a registered process server establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return. (Evid. Code, § 647.) If this statutory presumption applies, then the defendant is required to produce evidence to overcome this presumption. (Palm Property Investments, LLC v. Yadegar (2011) 194 Cal.App.4th 1419, 1428.) In this...

Excerpt: ...irst Amended Cross‐complaint, as irrelevant to this demurrer. The request for judicial notice of the First Amended Cross‐complaint in this action is DENIED as unnecessary. A. 5 th Cause of Action – Unjust Enrichment The demurrer is OVERRULED. FPT contends that SYMPHONY's decision to terminate its contracts with LOGIGEAR was based on LOGIGEAR's breaching the Settlement Agreement, and not by any act of FPT. The argument fails on demurrer beca...

Excerpt: ...m to file redacted copies of the following papers in support of their opposition to Defendant motion for summary judgment: (1) Declaration of David M. Rosenberg‐Wohl; (2) Evidence; (3) Request for Judicial Notice; and (4) Separate Statement. According to Plaintiffs, the records sought to be sealed contain portions of a deposition that is confidential pursuant to a protective order issued in a related federal action: In re: Pacific Fertility Cen...

Excerpt: ...action to enforce the terms of the Settlement Agreement is entitled to reasonable attorney's fees incurred in the enforcement action. Plaintiff is the prevailing party in an action to enforce the terms of the Settlement Agreement, and is therefore entitled to reasonable attorney's fees in the amount of $3,358.50. The fees claimed for the enforcement action are sufficiently documented and reasonable. Exhibit B of the Declaration of Steven J. Mehlm...

Excerpt: ... vehicles are not insured by Landlord, manager or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Tenant is advised to carry Tenant's own insurance (renter's insurance) to protect Tenant from any such loss or damage. Tenant shall comply with any requirement imposed on Tenant by Landlord's insurer to avoid: (1) an increase in Landlord's insurance prem...

Excerpt: ... are objecting to the remainder of the sentence. If they are, the objection is OVERRULED. Objection 2: SUSTAIN as to the bolded language “I presumed based on what I saw that he had crashed into us because he talking (sic) on his cell phone and not paying attention to the road on the basis of speculation. OVERULED as to the rest of the objection. Objection 3: SUSTAIN as to Plaintiffs' Exhibit N on the basis of hearsay, lack of foundation, lack o...

Excerpt: ... take judicial notice of its own records. 3) DENIED as to the printout from the Oregon Secretary of State for an LLC named “Oregon Drying Technologies”, generated on 10/2/20. (Kirpes Decl., Exh. A) Although judicial notice may be taken of a certificate of corporate status under Ev. Code, §452(c) (See, Friends of Shingle Springs Interchange v. County of El Dorado (2011) 200 Cal.App.4th 1470, 1483), the printout is not a certificate of corpora...

Excerpt: ...orum. According to Defendants, this Court lacks specific personal jurisdiction because “Robison and his sole proprietorships are in North Carolina, there is no dispute. Plaintiffs arranged for product to be shipped there — and this litigation arose out of a dispute about that delivery.” MPA, p.6. Defendants, however, fail to acknowledge that Defendants, as well as Plaintiffs, were parties to an agreement to ship flooring product to North Ca...

Excerpt: ...e attorney to use such skill, prudence and diligence as members of his or her profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the breach and the resulting injury; and (4) actual loss or damage resulting from the attorney's negligence." (Coscia v. McKenna & Cuneo (2001) 25 Cal.4th 1194, 1199.) Defendant asserts that the allegations are insufficient to support that she breached the duty...

Excerpt: ... contend, first, that the allegations set forth at ¶¶ 40‐49 of the Hogans' Third Amended Cross‐Complaint, relating to the third cause of action for violation of Bus. & Prof. Code § 7031 asserted against Defendant JPM, must be stricken because the Hogans failed to seek leave to amend this cause of action. According to Defendants, “the Court's ruling granting the Hogans leave to correct the problems with [the Hogan's former fifth cause of ...

Excerpt: ...Proc. § 437c, subd. (c).) “Summary judgment is proper only if it disposes of the entire lawsuit.” (All Towing Servs. LLC v. City of Orange (2013) 220 Cal. App. 4th 946, 954.) The present motion addresses only the counts for open book account and account stated; the motion fails to address the claims for Goods sold and delivered (Complaint ¶ CC‐1(b)(3)) and credit extended (i.e., money paid at Defendant's request) (Id. ¶ CC‐1(b)(6)). Si...

Excerpt: ...e is GRANTED pursuant to Evidence Code § 452(d). Cross‐Defendant's Request for Judicial Notice is GRANTED pursuant to Evidence Code § 452(d). Judicial notice is taken of the documents' filing/recording, contents, and legal effect, but not the truth of allegations therein. Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, n. 7. Cross‐Complainants have standing to sue under the lease. The Lease and Guarantees relate to the same matters, are...

Excerpt: ...of the tenancy. In support, Defendants cite to Delta Imports, Inc. v. Municipal Court (1983) 146 Cal.App.3d 1033, 1036 (“Delta Imports”), which held that a motion to quash service of summons is the only method to challenge whether a complaint states a cause of action for unlawful detainer supporting a five‐day summons. However, Borsuk v. Appellate Division of the Superior Court (2015) 242 Cal.App.4th 607, 611‐ 617 (“Borsuk”), disagree...

Excerpt: ...is a breach of contract case involving Defendant's breach of the parties' “2015‐2016 Statement of Financial Responsibility.” See 4‐9‐18 First Amended Complaint, Ex. A; 10‐22‐20 Howard Decl., Ex. 3. The agreement contains an attorney's fees clause which provides that the prevailing party in an action to enforce the contract is entitled to recover attorney's fees and court costs. Id. at ¶7 (“Additional Terms of Agreement”). Plain...