Excerpt: ... following judicial declarations: 1. The 1962 and 1965 Agreements require the City to provide water service throughout the campus “as may be necessary to provide for campus development” via a system that is “at all times capable of supplying to the University water up to 2,000,000 gallons in twenty‐four hours for fire flow and ordinary use.”. 2. The City's performance of its obligations under the 1962 and 1965 Agreements are not excused...

Excerpt: ... with more detail than other causes of action. Heritage Pac. Fin., LLC v. Monroy (2013) 215 Cal.App.4th 972, 989. “To assert a cause of action for fraud against a corporation, a plaintiff must allege the name of the person who allegedly made the fraudulent representation, his or her authority to speak, to whom he or she spoke, what was said and when it was said. General or conclusory allegations will not suffice to plead a cause of action for f...

Excerpt: ...f must plead facts showing the defendant's misrepresentation (or omission that the defendant had a duty to disclose), the defendant's knowledge of falsity, the defendant's intent to defraud (i.e., to induce the plaintiff's reliance on the misrepresentation), the plaintiff's justifiable reliance, and the resulting damage. Kalnoki v. First Am. Trustee Servicing Solutions, LLC (2017) 8 Cal.App.5th 23, 25. “Every element of the cause of action for ...

Excerpt: ... to BPC §7031(b). Defendant's Answer to the Complaint further asserts, as an affirmative defense, that Plaintiff has no standing to assert any causes of action because of these suspensions. Defendant now moves for bifurcation of the issue of Plaintiff's licensure status under CCP §597 [trial of special defense] and BPC § 7301(e) [court to determine at evidentiary hearing whether there has been substantial compliance with licensure requitements...

Excerpt: ...following conditions must exist before the corporate existence is disregarded. Kao v. Joy Holiday (2020) 58 Cal.App.5th 199, 205‐206. • It must appear that the corporation is not only influenced and governed by that person, but that there is such a unity of interest and ownership that the individuality, or separateness, of such person and the corporation has ceased; and LAW AND MOTION TENTATIVE RULINGS DATE: June 6, 2022 TIME: 8:30 A.M. 2 •...

Excerpt: ...icity load of its residents and businesses, and purchase electricity on their behalf. Plaintiff alleged that Defendant's automatic enrollment procedure, or "opt‐ out policy,” interfered with Plaintiff's existing contracts with PG&E and forced Plaintiff into a contractual relationship with Defendant. The Court found that Defendant's enrollment system was automatic but not mandatory. “Even assuming that Plaintiff's money is used to fund Defen...

Excerpt: ...ions at this time. (To ensure proportionality, trial courts should generally take an “incremental” approach—that is, they should “attempt less severe alternative [sanctions]” unless the “record clearly shows lesser sanctions would be ineffective.” (Siry Investment, L.P. v. Farkhondehpour (2020) 45 Cal.App.5th 1098, 1117 [259 Cal.Rptr.3d 466].) PLAINTIFFS' (UNOPPOSED) MOTION TO COMPEL RESPONSES TO REQUESTS FOR ADMISSION RE: JOHN ELLI...

Excerpt: ...oduced undisputed evidence demonstrating that Apex owed no duty to Ramos, as the home inspection conducted by Apex was performed two months before the fire, for clients other than Ramos, who decided not to purchase the property (UMF 5, 15); and Apex did not enter into any written contract with Ramos, who obtained the Apex inspection report from unknown persons without the permission of Apex (UMF 16, 18, 60) • Apex has produced undisputed eviden...

Excerpt: ...e names of the persons who made the representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written. Kalnoki v. First Am. Trustee Servicing Solutions, LLC (2017) 8 Cal.App.5th 23, 35. QLORA fails to provide sufficient details regarding who spoke to whom, their authority to speak, the content of the allegedly fraudulent communications, and when those communications were made. Since QLORA is a...

Excerpt: ... 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. Once the defendant or cross‐defendant has met that burden, the burden shifts to the plaintiff or cross‐complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The plaintiff or cross‐complainant shall no...

Excerpt: ..., or officer, the case shall be heard by the court sitting without a jury. All or part of the record of the proceedings before the inferior tribunal, corporation, board, or officer may be filed with the petition, may be filed with respondent's points and authorities, or may be ordered to be filed by the court. Except when otherwise prescribed by statute, the cost of preparing the record shall be borne by the petitioner. (b) The inquiry in such a ...

Excerpt: ...on may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. For good cause shown, the court may order that a deposition shall not be taken or will be taken only under certain conditions "or the court may make any other order which justice requires to protect the party or witness. (Flynn v. Superior Court (1979) 89 Cal.App.3d 491, 495 [152 Cal.Rptr. 796].) Although First Ame...

Excerpt: ...lment. Plaintiff seeks punitive damages on the fraud claims. Defendant demurs and moves to strike the entire complaint and the separate causes of action on various theories. Defendant further moves to strike (1) the alter‐ego allegations made against Defendant's CEO, Paul Katchadourian; and (2) the punitive damage allegations. Plaintiff moves to bifurcate the trial, with the issues of liability for fraud and violation to be heard before the iss...

Excerpt: ...easonable probability of success on the merits; and (2) who will suffer greater injury? (Weil & Brown, Civ. Pro. Before Trial, §9:522, 9:527, 9:531,) The burden of proof is on the moving party to show all elements necessary to support the issuance of a preliminary injunction. (Weil & Brown supra at 9:632.1.) In ruling on the motion, the court is to evaluate the potential merits and interim harm factors, and the greater the showing on one, the le...

Excerpt: ...6) deceit. (First Amended Cross The motion by Plaintiff/Cross‐Defendant for judgment on the pleadings is granted with leave to amend as to the causes of action for negligence, interference with prospective economic advantage, and intentional interference with contract The motion is denied as to the causes of action for civil damages under Pen. Code §496(c), conversion and deceit. LAW AND MOTION TENTATIVE RULINGS DATE: MAY 23, 2022 TIME: 8:30 A...

Excerpt: ...icity load of its residents and businesses, and purchase electricity on their behalf. Plaintiff alleged that Defendant's automatic enrollment procedure, or "opt‐ out policy,” interfered with Plaintiff's existing contracts with PG&E and forced Plaintiff into a contractual relationship with Defendant. The Court found that Defendant's enrollment system was automatic but not mandatory. “Even assuming that Plaintiff's money is used to fund Defen...

Excerpt: ...rner. The $1,581,000 corporate loan on which this action is based was made to Enabledware, which is the entity liable for the loan debt. As part of the Settlement with Tabatabai , Malek has agreed to dismiss the action he filed in Santa Clara Superior Court for the repayment of this loan. The settlement was reached after the family law court, in dividing the community assets of Turner and Tabatabai in their divorce proceedings, assigned Enabledwa...

Excerpt: ...5.16, subdivision (e)" If the court finds that such a showing has been made, it must then determine whether the plaintiff has demonstrated a probability of prevailing on the claim. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88 [124 Cal.Rptr.2d 530, 52 P.3d 703].) The First cause of action of the X‐C for cancellation of instrument requests cancellation of the Purchase Agreement alleging the Agreement is void because Plaintiffs forged seller Tom...

Excerpt: ...quest for Hearing within the 90 days after filing this action, as required by Pub. Res. Code §21167.4. Petitioner filed this action on November 4, 2021; the 90 day deadline to file the Request for Hearing expired on February 2, 2022; and Petitioner filed her Request for Hearing (filed “on demand”, after the Clerk initially rejected it as untimely) on February 8, six days after the deadline. Petitioner asserts that discretionary relief is ava...

Excerpt: ...ment, or any other place of business in which barbering, cosmetology, or electrolysis is practiced unless licensed under this chapter. Persons licensed under this chapter shall limit their practice and services rendered to the public to only those areas for which they are licensed. Any violation of this section is subject to an administrative fine and may be subject to a misdemeanor. Plaintiff held a license for 521 E. Lake Ave., Watsonville whic...

Excerpt: ...this action is ordered stayed pending the resolution of Plaintiff's federal court action, Shirazi v Oweis et. al., U.S. District Court, Northern District of California, Case No. 5:21‐cv‐136 EDJ‐VKD. Abatement based on another action pending Plaintiff names only The Regents as a defendant in this action, and names only the individual UC employees in the federal court action. Both parties agree that if the federal court determines on the meri...

Excerpt: ...84,370, pursuant to SCCC §7.128.210. Although Mr. Redenbacher denied Petitioner's appeal, he reduced the civil penalty to $174,370 on the mitigating factor that Petitioner was a first time offender. Petitioner asserts that (1) SCCC §§7.128.050 and 7.128.210 are preempted by state law‐‐ specifically Health & Safety Code §§11358, 11359 and 11360, and Bus. & Prof. Code §26038; and (2) that the civil penalty imposed by the Hearing Officer �...

Excerpt: ...f the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it...

Excerpt: ...tionally and with a conscious disregard for the rights of Moran and the general public”. A conscious disregard of the safety of others may constitute malice within the meaning of section 3294 of the Civil Code. In order to justify an award of punitive damages on this basis, the plaintiff must establish that the defendant was aware of the probable dangerous consequences of his conduct, and that he willfully and deliberately failed to avoid those...

Excerpt: ...in Reply to objection to minimum price bid (RJN no. 5) that: 1. At an early conference Judge Silver indicated he would go with $5.3 million as the Opening Bid. The stated rationale was that if the property is worth more, the market will drive the price up at the auction. Judge Silver also stated that if Winterhalder believed $5.3 million was a fire sale price then he or his consortium could buy it. 5. Winterhalder was dissatisfied. He did three t...