Excerpt: ...nsider the ordinary and customary fees charged by similar experts for similar services within the relevant community and any other factors the court deems necessary or appropriate to make its determination. Defendant's first disclosed toxicologist Dr. Edwin Smith charged $300.00/hour. (Amended P's & A's in support of motion to set expert fees pg.4:3, Ex. 1 to Walker declaration pg.4:6) The Expert Institute charges $415/hour for a toxicologist. (E...

Excerpt: ...of eminent domain to acquire for that use property appropriated to public use if the use for which the property is sought to be taken is a more necessary public use than the use to which the property is appropriated. Where property is sought to be acquired pursuant to this section, the complaint, and the resolution of necessity if one is required, shall refer specifically to this section. The Court in People ex rel. Public Utilities Com. v. Fresn...

Excerpt: ...t Defendant failed to return his security deposit, that claim is barred by res judicata, as that issue was decided by the judgment in Small Claims Court Case no. 19CV00072. The remaining allegation that Defendant “was very unprofessional” does not support a claim for negligence. As these defects cannot be cured by amendment, leave to amend is denied. Plaintiff's second cause of action, for “Intentional Tort”, alleges that Defendant took a...

Excerpt: ...ained without leave to amend. The demurrer to the third cause of action for intimidation‐physical tort is sustained without leave to amend. Plaintiff's allegations are vague, uncertain, and unintelligible. Plaintiff's allegations do not state sufficient facts to constitute a cause of action for retaliation (Civ. Code §1942.5). Therefore the demurrer to the fourth cause of action for retaliation is sustained without leave to amend. The allegati...

Excerpt: ...use 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 completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (p) For purposes of motions for summary judgment and summary adjudication...

Excerpt: ... Court finds that the motion is timely based on the delay in Plaintiff's discovery of the information which potentially implicates Mr. Katchadourian in the scheme which forms the basis of Plaintiff's fraud claim. The Court further finds that Defendants will not be prejudiced by the amendment to add Mr. Katchadourian as a defendant, since his alleged liability is based on the same facts and scheme alleged in the original complaint. MOTION FOR RELI...

Excerpt: ... Shahibi Dec, filed 1/28/22) On 7/2/21 an order was filed appointing Jerilynn Chestnut as guardian ad litem for Bill Sr. In late October, Plaintiffs' counsel proposed having neuropsychologist Dr. Gerard Chambers examine Bill Sr., following which Dr. Chambers was jointly retained. (Shahibi Dec, filed 1/28/22 ¶ 6) On 1/14/22 Dr. Chambers examined Bill Sr. agreeing to address three questions: (1) can William Sr. understand questions, (2) can Willia...

Excerpt: ...his court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally co...

Excerpt: ...pter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division until a written claim therefor has been presented to the public entity and has been acted upon by the board, or has been deemed to have been rejected by the board, in accordance with Chapters 1 and 2 of Part 3 of this division. Timely claim presentation is not merely a procedural requirement but is ... ‘“‘a condition precedent to plai...

Excerpt: ... Cal.Rptr. 754, 652 P.2d 985].) The Court of Appeal ordered that the Saiches be awarded their fees. (See Remittitur p. 24.) The fee setting inquiry in California ordinarily begins with the “lodestar,” i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate. “California courts have consistently held that a computation of time spent on a case and the reasonable value of that time is fundamental to a determinatio...

Excerpt: ...ated the different treatment. The demurrer to the third cause of action for “retaliatory harassment” is sustained with leave to amend. Plaintiff does not state sufficient facts to constitute a cause of action for retaliation nor does she state sufficient facts to constitute a cause of action for harassment. The demurrer to the fourth cause of action for “intimidation physical tort” is sustained with leave to amend. Plaintiff's allegations...

Excerpt: ...leads facts showing the privity necessary for these claims. By further alleging that Gold Coast Gardens assigned its contractual rights to Florival, the Second Amended Complaint pleads facts showing that Florival also has standing to bring these claims. Contract Claim: Defendant asserts that the contract claim is defective and uncertain, as the Second Amended Complaint makes conflicting allegations of a written, oral and an implied contract; and ...

Excerpt: ...2004) 117 Cal.App.4th 318, 328 “an employer is liable for sexual harassment of an employee by a nonemployee under certain circumstances”.) In addition, there has not been unreasonable prejudicial delay, nor has the Court been deprived of jurisdiction based on Plaintiff's voluntary withdrawal of her claims to the Labor Commissioner. The demurrers to the Fifth‐Ninth causes of action are overruled. Moreover, the allegations of unpaid employee ...

Excerpt: ... moves for relief from waiver of those objections on the basis of mistake, inadvertence or excusable neglect. The support for Keenan's motion is provided by defense counsel Frances O'Meara, who declares: The deadline for Keenan's responses was not calendared due to an oversight of my office. The primary handling partner and the primary associate served with the subject discovery are no longer employed with FMG for reasons unrelated to this motion...

Excerpt: ...40. (b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any matter relevant to the leave requested, including, but not limited to, the following: (1) The necessity and the reasons for the discovery. Here, Plaintiffs argue, “Indeed, it is because of testimony elicited from Mr. Hays at his June 2, 2021 deposition that allegations were added to sue him not only in his individual capacity but also ...

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...