Excerpt: ...ings may be made at anytime either prior to the trial or at the trial itself." Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650. "The motion normally lies only for defects fully disclosed on the face of the pleading under attack or by matters of which judicial notice may be taken. Declarations or other extrinsic matters are improper." Weil & Brown Civil Procedure Before Trial (The Rutter Group 2022) 7•.322; code of Civil Procedure 5438. Respon...

Excerpt: ...'s Fees and Costs • Declaration of Rinat K. Erlich A prevailing defendant seeking fees and costs in connection with anti-SLAPP litigation has the burden of establishing "'entitlement to an award and documenting the appropriate hours expended and hourly rates.' To that end, the court may require [al defendant[] to produce records sufficient to prov-de ' "a proper basis for determining how much tme was spent on particular claims." ' The court als...

Excerpt: ...he adequacy of the responses. It is not clear from the moving papers whether the responses were verified. The court is under the impression they were verified as this issue was not raised in the motion. Defendant prov-des a separate statement as to the requests as issue (the request and the response). Defendant attaches a copy of the meet and confer efforts between the parties. The parties stipulated, in writing, the last day to file a motion to ...

Excerpt: ...W were introduced to him by the other defendants to handle his visa application, and they were the parties who organized GOLDEN STATE. The Complaint also identifies them as the parties who falsified visa applications, what the applications stated, when they were submitted, etc. (Complaint "26-27) HU alleges attorney WANG and the firm knew of the immigration and investment scheme perpetrated by the other defendants. (Complaint "22-30) He identifie...

Excerpt: ...erly joined. l. THE ALLEGATIONS OF THE FIRST AMENDED COMPLAINT Plaintiff Koghan lives on 1450 Glen Canyon Road. Defendants are "the owners and/or drivers in possession and control of certain motor vehicles driven in the recent past on Glen Canyon Road past Plaintiff's home and those of his neighbors at excessive speed and recklessness." (FAC '12). "At all times...each of the defendants was operating his or her own motor vehicle...or had authorize...

Excerpt: ... is based on a different liability theory than his government claim, he fails to plead dangerous condition of public property with adequate specificity, and fails to validly plead vicarious liability. 1. Naming the "State" is sufficient: State contends that Plaintiff failed to specify the proper state agency in his complaint. State cites to a case related to discovery of documents from nonparty state agencies to support this proposition. See Peop...

Excerpt: ...esent a late claim was made to the board under Gov't Code 5911.4 and that the application was denied or deemed denied; o The reason a claim was not presented within the time specified in the Gov't Code S 911.1(a); and o The information required by Gov't Code S 910 (1 Coates et al Cal. Prac. Guide - Government Tort Liability Practice (CEB 2022) S 7.64.) "Before a court can grant relief, a potential plaintiff must first establish by a preponderance...

Excerpt: ... take other measures to protect students, and were aware of the specific threat or risk posed by the student who killed Gerardo since he had attacked another student with a knife. (Amended Complaint ¶¶ 17-21, 35, 37-38, 40-42, 44, 45, 48, 49, 53-56, 65) These facts at the pleading stage are sufficient to show willful and conscious disregard of the rights or safety of others....

Excerpt: ... plaintiff, in a two-page filing, opposed the motion. The court denied defendant's motion to compel arbitration. LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 6, 2023 TIME: 8:30 A.M. 2 On 12/3//21 FCA moved for a protective order, which defendant opposed. The court granted defendant's motion in part and overruled it, in part. On 9/7/ 2022, plaintiff moved ex parte for an order shortening time to have his motion to compel the deposition of FCA's pe...

Excerpt: ...abor Code. Plaintiff's motion is also granted as to personal liability by Dr. Thalia Ramanujam for violations of the Labor Code as to the aforementioned claims. Defendants' remaining claims of theft, conversion and deceit in their First Amended Cross-Complaint are subject to summary judgment since no reasonable jury could find evidence that Plaintiff falsified her time records. I. INTRODUCTION This is an action for wage and hour violations brough...

Excerpt: ...gment as a matter of law but would have to present his evidence to a trier of fact.” (Weil & Brown Civil Procedure. Before Trial (the Rutter Group, 2022) at § 10:240 citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851.) It is not enough that defendant point out that plaintiff has no evidence as to a key element, rather “Defendant must also produce evidence showing plaintiff cannot reasonably obtain evidence to support that cl...

Excerpt: ...ir homes and yards and that such intrusion would be highly offensive to a reasonable person. (SAC ¶¶ 45-46) The TAC alleges that a person standing on Defendants' first level deck would be 6-7 feet above Plaintiffs' adjacent privacy fences, that the elevated decks allow persons standing on them an unobstructed view into neighboring backyards and home interiors (living room, dining and kitchen), and homes in the neighborhood are not typically con...

Excerpt: ...ees: • Kenneth A. Kecskes, Partner: $875/hr x 3.9 hrs = $3,412.50 • Matthew G. Ball, Partner: $1,050/hr x 15.6 hrs = $16,380.00 • Zachary T. Timm, Associate: $705/hr x 4.1 hrs = $2,890.50 • David A. Dunbar, Paralegal: $470/hr x 10.2 hrs = $4,794.00 • Mary K. Thurston, Research Analyst: $295/hr x 0.2 hrs = $59.00 All costs in the Memorandum of Costs appear proper and reasonable. This case involved a complaint for breach of contract (file...

Excerpt: ... for Nos. 130, 135-138, 210, 215-218 and 269-271. Defendant says that these requests are duplicative of prior requests but doesn't address these specific requests in the Joint Statement. Because Defendant fails to address these requests, further code-compliant responses shall be provided. • Plaintiff claims Defendant served only boilerplate objections to Nos. 140, 143- 145, 147-150, 155, 157, 159-164, and 166. Defendant addresses nos. 143, 144 ...

Excerpt: ...gment as a matter of law but would have to present his evidence to a trier of fact.” (Weil & Brown, Civil Procedure. Before Trial (the Rutter Group, 2022) at § 10:240 citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851) It is not enough that defendant point out that plaintiff has no evidence as to a key element, rather “Defendant must also produce evidence showing plaintiff cannot reasonably obtain evidence to support that cl...

Excerpt: ...ir homes and yards and that such intrusion would be highly offensive to a reasonable person. (SAC ¶¶ 45-46) The TAC alleges that a person standing on Defendants' first level deck would be 6-7 feet above Plaintiffs' adjacent privacy fences, that the elevated decks allow persons standing on them an unobstructed view into neighboring backyards and home interiors (living room, dining and kitchen), and homes in the neighborhood are not typically con...

Excerpt: ...000 following a 17‐day trial related to Plaintiff's termination from employment as a custodian. Defendant Keenan seeks relief from this Court in the form of motions for new trial or remittitur, motion for judgment notwithstanding the verdict and motion to set aside and vacate the judgment. In ruling on these motions, the Court heard the evidence presented at trial, read and considered the papers submitted by the parties on Defendants' motions a...

Excerpt: ... Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228.) "A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action." (SKF Farms v. Superior Court (1984) 1...

Excerpt: ...e dealer. Plaintiff contends that the car has a stalling defect, known to Defendants at the time of sale. Plaintiff claims that neither Defendant could repair the vehicle to alleviate or repair the defect and should now replace the car or make restitution to Plaintiff. Plaintiff's causes of action: LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 31, 2023 TIME: 8:30 A.M. 2 1. Violation of Civil Code §1793.2(d) (Song‐Beverly Act) vs. FCA: failure...

Excerpt: ...MERS actually harmed Ginsburg is a matter for summary judgment or trial, not a judgment on the pleadings. As for standing, Ginsburg is the alleged bona fide purchaser of the property that now has clouded title, and as such has standing to sue related to that clouded title. Weil & Brown, Civil Procedure Before Trial, §2:2. Ginsburg's cross‐complaint is also not barred by the statute of limitations. The recording of a deed provides constructive ...

Excerpt: ...ract as failing to deliver certain documents and deliverables required by the Membership Interest Purchase Agreement (MIPA) between Crummer and Defendant Armstrong. The MIPA's purpose was to transfer/sell Armstrong's cannabis licenses held by Work Right Building LLC to Crummer. Benmore was named a party in that contract. For purposes of this demurrer, the Court cannot go beyond the FACC. Cross‐ Complainants allege several sections of the MIPA t...

Excerpt: ...�� (Code Civ. Proc. § 683.170(a).) A judgment debtor bears the burden of proving, by a preponderance of the evidence, that she is entitled to relief under section 683.170. (Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 199.) Defendant submitted a declaration as well as points and authorities as to why the court should grant relief. Specifically, defendant states: “[t[he renewal of judgment should be vacated on the follow...

Excerpt: ... cases (to the already 64 venued here) will promote the ends of justice based upon the factors set forth in CCP §404.1 (see the Declaration of Allison Lange Garrison filed in support of the motion): • There are common issues of fact or law that predominate and are significant to the litigation of each included action; • Transferring the other 18 cases will promote the convenience of the parties, witnesses and counsel; • The relative develo...

Excerpt: ... intervene if the discovery requests are unduly burdensome or LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 23, 2023 TIME: 8:30 A.M. 3 invasive, particularly for a third party subject to a subpoena. Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2022) Rutter Group, 8:71‐8:72.2; CCP § 2017.010. “Where the only reason for seeking such financial information is to ‘give a tactical edge to the party who has o...

Excerpt: ...aling her dismissal to the University by the deadline of September 26; or (2) filed a timely appeal, making her application for a preliminary injunction premature until the conclusion of the appeal process. Petitioner's bases for reconsideration: (1) Reply brief she filed on the morning of the preliminary injunction hearing: the Court may refuse to consider late filed papers. Bozzi v. Nordstrom, Inc. (2010) 186 Cal.App.4th 755, 765 [court has bro...