Excerpt: ...ry adjudication as to one or more issues of duty, if the party contends 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 completely disposes of an issue of duty. (p) For purposes of motions for summary judgment and summary adjudication: (1) A plaintiff has met his or her burden of showing that there is no defense to a cause of action if that...

Excerpt: ...f Defendant wishes to prevent Plaintiff from taking possession, Defendant must file an undertaking in the amount of $20,312.53, the amount of Plaintiff's claim. (CCP § 515.020(b)) A writ of possession shall issue as to the following claimed property: 2019 HARLEY‐ DAVIDSON FLSL SOFTAIL SLIM, VIN 1HD1YDJ64KB060585. Defendant is ordered to allow Plaintiff to take possession of the property. ...

Excerpt: ...rationale is that “A malpractice claim focusing on an attorney's incompetent handling of a previous lawsuit does not have the chilling effect on advocacy found in malicious prosecution, libel, and other claims typically covered by the anti‐SLAPP statute. In a malpractice suit, the client is not suing because the attorney petitioned on his or her behalf, but because the attorney did not competently represent the client's interests while doing ...

Excerpt: ...e integrity of another, and in such a relation the party in whom the confidence is reposed, if he [or she] voluntarily accepts or assumes to accept the confidence, can take no advantage from his [or her] acts relating to the interest of the other party without the latter's knowledge or consent. ..."[a] fiduciary who commits a breach of his duty as a fiduciary is guilty of tortious conduct to the person for whom he should act. ... [T]he liability ...

Excerpt: ...tter, including time spent drafting and revising pleadings, meeting with clients, and preparing for and presenting the case at trial. (Serrano v. Priest (1977) 20 Cal.3d 25, 28‐29, n. 4.) "Reasonable" attorney's fees are based on the prevailing market rate where the legal services were rendered. PLCM Grp. v. Drexler (2000) 22 Cal.4th 1084, 1095. In determining a reasonable hourly rate, the court should be guided by the rate prevailing in the co...

Excerpt: ...ion 425.16, 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) The inquiry under the catchall provision calling for a two‐part analysis is rooted in the statute's purpose and internal logic. First, we ask what “public issue or ... issue of public interest” the speech in q...

Excerpt: ...The only “existing road' depicted on the Surveyor's Map attached to the Declaration of Noah Selman (attached to the Declaration of Aaron Mohammed as Exhibit A) is Russell Ridge Road. Mr. Selman's declaration and attachments indicate that the Ridge Runner Plaintiffs were granted a second, 40 ft wide easement in 1994 over the D'Orio parcel (Assessor's Parcel No 106‐101‐01), but that this is in addition to their 60 ft wide easement granted in ...

Excerpt: ...as failed to sufficiently allege the existence of any statements or representations that were misleading or otherwise fraudulent, the trial court could reasonably require plaintiffs to set out or attach a representative selection of advertisements, to state the misrepresentations made by those advertisements, and to indicate the language or images upon which any implied misrepresentations are based. This is a method of pleading which has been end...

Excerpt: ...eference its Preliminary Statement and the general objections. Responding Party further objects to this Request on the ground that it invades theattorney‐client privilege and the attorney work product doctrine because the Answer in the NLRB proceeding was not verified and was based on incomplete, limited and/or inaccurate information available to counsel at the time of the Answer. Subject to and waiver of these objections, Responding Party resp...

Excerpt: ...tion of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc., § 452.) (Chazen v. Centennial Bank (1998) 61 Cal.App.4th 532, 542 [71 Cal.Rptr.2d 462].) A demurrer may be sustained only if the complaint lacks any sufficient allegations to entitle the plaintiff to relief. (Id) As a general rule, in testing a pleading against a de...

Excerpt: ...produce evidence in defense of an exemplary damage claim; fairness demands that he receive adequate notice of the kind of conduct charged against him. The complaint must contain factual assertions supporting a conclusion petitioner acted with oppression, fraud or malice. (Smith v. Superior Court (1992) 10 Cal.App.4th 1033, 1041 [13 Cal.Rptr.2d 133].) Because Plaintiff has not pleaded oppression, fraud or malice with specificity, (see Complaint ¶...

Excerpt: ...laratory relief/injunction (3rd and 5th causes of action), writ of mandate (4th cause of action), and a claim under Govt. Code §54999.7. These causes of action are predicated on allegations that the City violated the substantive and procedural provisions of Proposition 218 by its Joint Pilot Program contract with SCWD. Although the complaint also refers to other unidentified governmental agencies, it can now be assumed that Plaintiffs are not ch...

Excerpt: ...ing interest that overcomes the right of public access to the records, namely, Cory Mayer's privacy rights, his contractual obligation of nondisclosure, and his right as a civil litigant to a fair hearing. (2) The overriding interest supports sealing the records. (3) A substantial probability exists that the overriding interest will be prejudiced if the records are not sealed, namely, the Settlement Agreement is confidential and contains financia...

Excerpt: ...ough it has already been appropriated to a public use. (Reply pg. 2:6‐22) However, as the City points out, CCP § 1241 was repealed in 1976. None of the statutes cited by the City as the new Eminent Domain law appear to unequivocally empower a city to condemn public utility property even though it has already been appropriated to a public use as CCP § 1241 did. (Reply pg. 2 fn 1) The Parties are requested to appear at the hearing to set a new ...

Excerpt: ... Petitioner in the second, untimely motion, Petitioner has failed to present a valid challenge to these costs, and the motion is denied. As the prevailing party the District is entitled to its costs as a matter of right, “except as otherwise expressly provided by statute”. CCP §1032(b). The court has no discretion to deviate from this rule where, as here, Respondent was the clear prevailing party. There is no statutory authority to consider ...

Excerpt: ...tnut Sr., who suffers from advanced Parkinson's disease. They assert that, in the event that these motions are granted, there will be insufficient time to prepare the new probate case for trial, or to conduct the deposition of William Sr.. Based on the July 27, 2021 declaration of Aaron Mohammed counsel were then in discussions to arrange for a competency evaluation of William Chestnut Sr., and Mr. Mohammed committed to produce him for a depositi...

Excerpt: ...e a failure to comply ... and (2) the failure must be willful. (Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545 [51 Cal.Rptr.2d 311].) The duty to preserve documents is relatively clear. That duty extends to any documents or tangible things made by individuals "likely to have discoverable information that the disclosing party may use to support its claims or defenses." The duty also includes documents prepared for those individuals, to the ...

Excerpt: ...ce (9th c/a) as to Defendants Mendoncas, The Holcomb Corporation, and Kyla Holcomb‐Piramoon and for breach of duty to be honest and truthful (11th c/a) as to Defendants The Holcomb Corporation, and Kyla Holcomb‐Piramoon. The demurrer to the cause of action for cancellation of instrument (7th c/a) asserted against the Mendonca Defendants is sustained. The demurrer to the cause of action for fraud (5th C/A) asserted against Defendants Mendoncas...

Excerpt: ...ormation to acquaint the other party with the nature of information desired, attempt to place the burden and cost of supplying information equally available to both solely upon the adversary, placing more burden upon the adversary than the value of the information warrants, etc.). Such improper methods of 'fishing' may be (and should be) controlled by the trial court under the powers granted to it by the statute." (Id at pp 224‐225.) Here, the ...

Excerpt: ...cted to unwarranted annoyance, oppression and expense by Tabatabai, who has served him with duplicative sets of Form Interrogatories. Mr. Lindow's declaration provides only his conclusion that the third set of From Interrogatories is “substantially similar” to the previous interrogatories. This is insufficient to demonstrate good cause for a protective order. ...

Excerpt: ...l Procedure section 1987.1 contains permissive, not mandatory, language regarding motions to quash. It states, "When a subpoena requires the . . . production of books, documents or other things . . . the court, upon motion . . . may make an order quashing the subpoena entirely...Discovery procedures are generally less onerous for strangers to the litigation. That is because they are less likely to be represented by counsel, familiar with the issu...

Excerpt: ...who was underaged, was subjected to hazing in order to obtain an officer position in the fraternity; that he was instructed to drink multiple shots of alcohol at the cross‐ over ceremony, and became visibly intoxicated; that he was then directed to attend, and was driven to a party to celebrate the initiation, which was located at a house at 511 Broadway, in which several fraternity members resided; that fraternity members continued to “ply�...

Excerpt: ....; and that Plaintiffs are therefore entitled to summary adjudication of their first and second causes of action for quiet title and declaratory relief. Plaintiff s have also presented evidence, through their own declarations, the deposition testimony of Defendants, and evidence of Defendants' posting of Civil Code section 1008 signage, that Defendants dispute Plaintiffs' right to use the gravel road, and intend to block this use. This entitles P...

Excerpt: ...U.S.Dist.LEXIS 124509, at *8‐9.) Turning to whether the Second Cause of Action for failure to accommodate in violation of FEHA states sufficient facts to constitute a cause of action, there are three elements to a failure to accommodate action: “(1) the plaintiff has a disability covered by the FEHA; (2) the plaintiff is a qualified individual (i.e., he or she can perform the essential functions of the position); and (3) the employer failed t...

Excerpt: ...required to prove assignment or ownership of loan documents in order to proceed with a foreclosure. Saterbak v JP Morgan Bank (2016) 245 Cal. App. 4th 808, 814. Regardless, the judicially noticeable documents demonstrate that the Deed of Trust securing the loan which is the subject of this action and foreclosure was validly assigned to Defendant Affinia. The Court is not persuaded by Plaintiffs' claim that they were never notified of the identity...