Excerpt: ...il 27, 2022. No opposition was filed. A failure to oppose a motion may be deemed a consent to the granting of the motion. CRC Rule 8.54c. Despite the fact that the motion is unopposed, the Court will still analyze Defendants' motion to determine if the requested relief is supported by the law and facts. Applicable Law CCP § 391.1, provides that on motion of a defendant, a court may require the posting of security by a plaintiff if it determines,...

Excerpt: ...nforcement of valid arbitration agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97, 99 Cal.Rptr.2d 745, 6 P.3d 669 (Armendariz), abrogated in part on another ground in **233 AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 339–340, 131 S.Ct. 1740, 179 L.Ed.2d 742.) The California Arbitration Act (CAA), Code of Civil Procedure1 section 1280 et seq., sets forth “a comprehensive scheme regulating p...

Excerpt: ... functional equivalent of a general demurrer. (Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540, 548; Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999; Shea Homes Limited Partnership v. County of Alameda (2003) 110 Cal.App.4th 1246, 1254 (Shea).) A defendant can move for judgment on the pleadings on the grounds that (1) the court has no jurisdiction of the subject of the cause of action alleged in the complaint and/...

Excerpt: ...scheduled for hearing on 4/6/21. The Court ordered the parties to an IDC with a further order that if the IDC did not fully resolve the matter that a hearing would take place on all remaining matters. The Court ordered the parties to provide a 3 page non‐argumentative joint statement 10 days before the hearing explain what was resolved at the IDC and what remained to be heard. The Court set an initial return date of 5/20/21. At the parties' req...

Excerpt: ...ived. Plaintiff also seeks an award of sanctions of $3,829 jointly and several against all Defendants for failing to respond to the discovery at issue and requiring Plaintiff to file the instant motion. DISCUSSION A. Legal Standard 1. Failure to Respond To Discovery Where discovery is properly served and the responding party fails to make any response, the law provides the following remedies: Requests for Production of Documents If a party to who...

Excerpt: ... (on May 6, 2021). (FAC at p. 4.) The funds loaned on January 7th were tendered to Juo Hsu Chai's sister, defendant Yi‐Feng Chai, who was acting as Juo Hsu Chai's agent. (Id.) Upon receiving the $100,000 amounts, Juo Hsu Chai orally agreed with Plaintiff that those monies would be repaid by her on or before November 1, 2021, plus 1% interest thereon. After receiving the $25,000, Juo Hsu Chai also promised to repay Plaintiff all amounts ($225,00...

Excerpt: ... Plaintiff is a 51‐year old attorney licensed to practice law in Massachusetts. (Complaint, ¶ 10.) In 2018, Plaintiff was offered an opportunity of employment at an intellectual property law firm located in San Jose and subsequently moved to Santa Clara County to pursue it. (Id.) Plaintiff thereafter took the California Attorney Bar Examination, which is offered to attorneys already licensed to practice law in other jurisdictions, in July 2019...

Excerpt: ...lso demurs to the Complaint and moves to strike the Complaint pursuant to Code of Civil Procedure section 425.16. I. Background A. Factual This is an action for malicious prosecution. According to the allegations of the Complaint, in 2015, Kondori's home owners' association hired John Sachs (“Sachs”) to do some plumbing in Kondori's condominium. (Complaint, ¶ 11.) Sachs' work was allegedly defective and caused various damages to Kondori, who...

Excerpt: ... by written “RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE” (with arbitration provision) (“RISC”). Plaintiff sued has sued KIA alone, alleging breach of warranty and other claims concerning the purchase and condition of the vehicle. The RISC contains an explicit arbitration provision. In signing the RISC, Plaintiff acknowledged that he read the contract, including the arbitration provision. The scope of the arbitrated dispute...

Excerpt: ...…' [Citation.] However, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) “Although courts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceeding...

Excerpt: ... and Lee Nora Filice (the “Filices”), grantors, and the State of California (the “State”), as grantee, executed a Grant Deed (recorded April 29, 1958) (the “Grant Deed”), which effectuated three transfers of various interests in real property owned by the Filices (the “Original Filice Land”). (FAC, ¶¶ 26‐27 and Exhibit 4.) The first transfer was of a fee interest in “Parcel 1” from the Filices to the State and was made for...

Excerpt: ...ith an emphasis in Organization Leadership and Management. (Complaint, ¶ 6.) In February 2017, while Plaintiff was working at Barton Hospital (“Barton”) in Lake Tahoe, she began speaking with recruiters about potential executive level positions at other hospitals. (Id.) Plaintiff first spoke with Greg Carlson (“Carlson”) from GHS Recruiting to discuss roles in California, including an open position for Chief Nursing Officer (“CNO”) a...

Excerpt: ...mulated a fraudulent scheme to convince Costa to transfer the assets belonging to Dell Auto Body to Formico and Krueger. (Ibid.) The fraudulent scheme involved representations from Formico and Krueger that they would invest $1,500,000.00 in Dell Auto Body. (Ibid.) It also included representations that Formico, Krueger, and Costa would form a partnership and create a new business together called West Coast Collision Repair, Inc. (“WCCR”) (Ibid...

Excerpt: ...from her “in a series of illegal real estate/land acquisition schemes.” (FAC, ¶ 1.) Plaintiff initiated this action on April 8, 2019, and filed the operative FAC on July 8, 2019, asserting the following causes of action: (1) negligence; (2) breach of contract; (3) breach of fiduciary duty; (4) negligent infliction of emotional distress; (5) intentional infliction of emotional distress; (6) violations of Business & Professions Code, § 17200;...

Excerpt: ...March 28, 2014, Plaintiffs purchased a 2014 Mini Cooper S Paceman (the “Vehicle”), which was manufactured and/or distributed by Defendant BMW. (Complaint, ¶ 7.) In connection with the purchase, Plaintiffs received an express written warranty, including a 4‐year/50,000 miles bumper to bumper warranty, a 4‐year/50,000 miles powertrain warranty, which covers the engine and transmission. (Complaint, ¶ 8.) Plaintiffs also received a Federal ...

Excerpt: ...ttorney, Scott Talkov (“Talkov”). Sherry joins in the motion for Appointment of a Discovery Referee but denies that she or Talkov are to blame for any conflict. Liu opposes the motion to compel and the request for sanctions contending that Mei's counsel's motion was unnecessary and premature. Sherry and Liu both seek monetary sanctions against Mei and her counsel. Because both motions overlap in terms of the parties and attorneys involved and...

Excerpt: ...to Further Response to General Form Interrogatories, Set One; 3. Motion to Compel Defendant to Further Respond to General Form Interrogatories, Set Two 2; 4. Motion to Compel Defendant to Further Respond to Request for Production of Documents Plaintiff seeks monetary sanctions on all of the motions. The motions are opposed by Defendants and Defendants seek monetary sanctions. Although there are four separate motions before the Court, they all ari...

Excerpt: ...nd Defendant Taylor Morrison was the seller. This Court previously ruled that the terms of the purchase contract between Taylor Morrison and Plaintiff contained a provision precluding any party who is bound by the purchase contract from seeking costs or fees. Plaintiff contends that First American is bound by the terms of the purchase contract and is likewise precluded from seeking its costs. Alternatively, Plaintiff seeks to tax costs on the gro...

Excerpt: ...egations of the FAC, on June 23, 2019, Baron and Defendants entered into a written contract (the “Agreement”) pursuant to which Plaintiff agreed to perform construction work on Defendants' property (the “Property”). (FAC, ¶ 9, Exhibit A.) From time to time, the parties agreed in writing to modify the scope of work to be performed in the Agreement. (Id., ¶ 11.) On April 29, 2021, Defendants issued a notice to terminate the Agreement, whi...

Excerpt: ...y on October 29, 2021. UHG did not file a timely response and on December 8, 2021 Strozza filed the instant motion. UHG opposes the motion on the grounds that it was unaware that it had a duty to respond to the discovery. UHG dismissed its case on November 8, 2021 and the Court provided it with a file endorsed copy of a request to dismiss the entire matter. However on October 29, 2021 Strozza had filed a cross compliant. When the Clerk's office p...

Excerpt: ...“Advisory Board Agreement”). The Advisory Board Agreement was terminated and superseded by a written Settlement Agreement and Mutual Release (the Settlement Agreement) executed by the parties on January 27, 2020. The Settlement Agreement contains an arbitration provision. Howard contends that the Settlement Agreement was rescinded due to Medable's failure to perform and that he is no longer bound by the Settlement Agreement. Alternatively, Ho...

Excerpt: ...und A. Factual 1. Second Amended Complaint This is an action for breach of contract arising out of a failed sales transaction. According to the allegations of the operative Second Amended Complaint (“SAC”), on May 10, 2017, RVT and Van Tran and defendants Alain Lim (“Lim”) and Skyway Electric Inc. (“Skyway”) entered into an oral agreement pursuant to which the defendants agreed to sell and RVT and Van Tran agreed to buy a solar equipm...

Excerpt: ...a) and California Code of Civil Procedure § 2025.4800) in the amount of $1,737.50, for the attorney's fees and costs incurred by Evershine in bringing its motion. Plaintiff Vee Corporation, dba Vee Cosmetics (Vee) joins in the motion. DISCUSSION A. Legal Standard C.C.P. Section 1987.1 provides that the Court "may make any order ... directing compliance with" a subpoena for the production of documents upon a party's motion; C.C.P. Section 2025.48...

Excerpt: ...n shoe store when an unsecured shoebox dislodged by another customer fell from the top of a shelf and struck her on the head and lower back. D. Procedural Plaintiff initiated this action on May 29, 2018, asserting claims for premises liability and negligence, and seeking to recover punitive damages. Plaintiff filed an amended complaint and after a subsequent motion to strike by Defendant was granted with leave to amend, filed the operative SAC. I...

Excerpt: ...p, making parts for the aerospace, medical, automotive, and semiconductor industries. (Complaint, ¶ 8.) Until early 2020, and for many years prior, LP Precision's shares were owned by two individuals: Plaintiff and Lam Pham. (Id., ¶ 9.) Since 2019, Plaintiff has owned 47.6212% of LP Precision's total outstanding shares, and Lam Pham owned the remaining outstanding shares. (Id.) In early 2020, Lam Pham passed away and his wife, Le, inherited his...