Excerpt: ...elief obtained by the prevailing party in relation to the hours reasonably expended on the litigation and whether the expenditure of counsel's time was reasonable in relation to the success achieved. Although Hensley v. Eckerhart (1983) 461 U.S. 424, 429 [76 L. Ed. 2d 40, 103 S. Ct. 1933] interpreted the federal civil rights statute, the court's approach is consistent with the policies underlying the anti‐SLAPP statute. The fee‐shifting provi...

Excerpt: ...appraisers. Plaintiffs' 3rd c/a is for involuntary dissolution of the corporation pursuant to Corporations Code § 1800(b)(2)(4) – any shareholder in a closely held corporation (35 shareholders or less) may bring a dissolution action when those in control of the business have engaged in persistent and pervasive mismanagement, fraud or abuse of authority. It appears Plaintiffs are entitled to bring a claim for dissolution as the shareholders of ...

Excerpt: ...oc § 2025.450 Failure to comply with deposition notice; Motion for order compelling compliance; Requirements: (a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or t...

Excerpt: ...vette doctrine, set forth in Hooker v Department of Transportation (2002) 27 CA4th 198), applied. LAW AND MOTION TENTATIVE RULINGS DATE: AUGUST 11, 2022 TIME: 8:30 A.M. 6 A renewed motion may only be brought on “newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion”. CalTrans does not present any new facts or circumstances. It requests judicial notice of the same evidence as...

Excerpt: ...ts are entitled to recover on the claims on which they prevailed upon a proper application by Cross‐Defendants. This ruling is consistent with Mann v Quality Old Time Service, Inc. (2006) 139 Cal, App. 4th328, which holds that a partially prevailing party on an anti‐Slapp motion is not necessarily entitled to all incurred fees, even where the work on the successful and unsuccessful claims was overlapping. Mann instructs the court to consider ...

Excerpt: ...orm. • While Garcia was giving a “group chat” to employees by telephone, another employee texted a slur about Garcia (“shut up gay ass bitch”); Garcia then called Plaintiff, showed LAW AND MOTION TENTATIVE RULINGS DATE: AUGUST 10, 2022 TIME: 8:30 A.M. 3 disinterest in talking to the person who actually sent the text, and “basically told him he was fired”. Plaintiff told Garcia that he was going to file a grievance, but was fired bef...

Excerpt: ...use for the number of interrogatories, despite the good cause statement that accompanied them. It also objects that the request is cumulative of other document requests which Defendant responded to and are not the subject of this motion. Defendant also relies on a trade secret objection and others (vague, ambiguous). Defendant identified 22 produced documents as a response to the interrogatories, and that it is willing to further meet and confer....

Excerpt: ...party, set aside any void judgment or order. Cal Code Civ Proc § 1008 Subsequent application LAW AND MOTION TENTATIVE RULINGS DATE: August 8, 2022 TIME: 8:30 A.M. 3 (a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order a...

Excerpt: ...ese Defendants. The demurrer is overruled. The TAC sufficiently alleges that these Defendants are subject to the CMIA Plaintiff alleges that Forbes, Hill and Perko were “a provider of health care and/or an authorized recipient of personal and confidential medical information as defined in the CMIA.”; that Forbes and Hill have admitted in their responses to requests for admission that they are a “licensed health care professional”; and tha...

Excerpt: ...t that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. (e) This section specifies the court's jurisdiction with regard to applications for reconsideration of its orders and renewal...

Excerpt: ...iles containing medical information, and security systems restricting access to files containing medical information. (b) No employee shall be discriminated against in terms or conditions of employment due to that employee's refusal to sign an authorization under this part. However, nothing in this section shall prohibit an employer from taking such action as is necessary in the absence of medical information due to an employee's refusal to sign ...

Excerpt: ...plainant”), despite undisputed facts that during the same encounter they engaged in other consensual sex acts with each other. The parties met at Doe's house on June 16, 2020, where he cooked her dinner, they drank wine, and had at least two separate sexual encounters. (AR 18‐20, 51, 1138) It is undisputed that complainant communicated and Doe understood she did not want to have sexual intercourse with him. (AR 1073, 1160) During one of their...

Excerpt: ...0 ft right of way that crosses Parcel C and Defendants' Parcel A, and terminates at the property line of Plaintiffs' Parcel B,” but the court did not rule, as stated in Plaintiff's Judgment, that the Plaintiffs possess “a 40 foot right of way for road and utility purposes as shown upon” the 1977 Map attached to the Judgment as Exhibit A”. (MPA pg.4:16‐22) However, the Notice of entry of order filed 2/28/22 states, “Plaintiffs have est...

Excerpt: ...ed on different legal theories, and have different elements. In the second cause of action Plaintiff is alleging liability based on Plaintiff's specific request to Defendants for “adequate and full coverage,” and Defendants' promise to perform an inspection, presumably to assure that coverage was “adequate and full.” (See Desai v Farmers Insurance Exchange (1996) 47 Cal.App.4 th 1110, 1119‐1120; CACI 2361. In the third cause of action P...

Excerpt: ...e not sealed. (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. The facts supporting these findings are as follows: Plaintiff, through her declaration, has shown good cause exists to seal the complaint. The nature of the complaint involves personal, private, and painful matters which occurred when she was a minor. Defendant has not responded to the complaint, which is viewab...

Excerpt: ...].) A public entity is not liable for an injury arising out of an act or omission of the public entity or its employees except as provided by statute. (Gov. Code, § 815, subd. (a).) (Cerna v. City of Oakland (2008) 161 Cal.App.4th 1340, 1346‐1347 [75 Cal.Rptr.3d 168].) Cal Gov Code § 830 Dangerous condition; Property of a public entity: As used in this chapter: (a) “Dangerous condition” means a condition of property that creates a substan...

Excerpt: ...portion of Defendants' property. Plaintiffs seek a further order requiring Defendants to remove a locked bollard and sawhorse they installed at the entrance to the secondary driveway easement. The burden of proof is on the moving party to show the elements necessary to support the issuance of a preliminary injunction. Weil & Brown, Civil Procedure Before Trial, §9:632.1. These elements are (1) a reasonable probability of success on the merits; a...

Excerpt: ...t included SCCS's stipulation to certain facts, including that, in the absence of inaccurate and incomplete information from Keenan & Associates (Keenan), SCCS would not have placed Plaintiff on the 39 month rehire list and would instead have immediately reinstated Plaintiff. LAW AND MOTION TENTATIVE RULINGS DATE: July 18, 2022 TIME: 8:30 A.M. 2 Plaintiff proceeded to trial against Keenan. The jury found Keenan liable for intentional torts and aw...

Excerpt: ...e stated generally that the cause of action is barred by the provisions of section (giving the number of the section and subdivision thereof, if it is so divided, relied upon) of the Code of Civil Procedure; and if such allegation be controverted, the party pleading must establish, on the trial, the facts showing that the cause of action is so barred. The defense of the statute of limitations is not waived, if it was "pleaded or presented to the ...

Excerpt: ...he $82,000 line of credit was secured against his property located at 362 Pike Road Ben Lomond, CA. (Dec.of Noce ¶¶2‐3) Mr. Noce lost the property through foreclosure in May of 2011. (Dec. of Noce ¶4) Pursuant to the terms of the line of credit, Noce was required to make monthly payments on the HELOC. (Dec. of Noce ¶6) Noce stopped making monthly payments on the HELOC. He believed the foreclosure extinguished any outstanding debt. (Dec. of ...

Excerpt: ...2013) 215 Cal.App.4th 309, 313‐314 [154 Cal.Rptr.3d 907].) Defendants assert that “all of the entity Pro Farms Defendants are unincorporated associations...as they are all LLC's”, (Reply pg. 5:18, Crummer Dec. filed 6/3/22 ¶¶ 2,4, RJN pg. 2:21) and that in a breach of contract action, pursuant to CA CCP §§ 395.2 and 395.5, venue is proper where the contract is made or is to be performed. (MPA pg. 11:4‐13) Cal Code Civ Proc § 395.2 Ve...

Excerpt: ...ations and other documentary evidence, as well as any oral testimony the court LAW AND MOTION TENTATIVE RULINGS DATE: July 11, 2022 TIME: 8:30 A.M. 6 may receive at its discretion, to reach a final determination. Ruiz v Moss Bros. Auto Group, Inc. (2014) 232 Cal. App. 4th 836, 842. The party seeking arbitration has the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence. If challenged, the petitione...

Excerpt: ...de the order, to reconsider the matter. Here, the Notice of Entry of Judgment filed 5/5/22 was served by mail on Plaintiffs on 5/5/22. Adding 5 days for service by mail (CCP § 1013), the motion for reconsideration was due filed on 5/20/22. Plaintiffs filed a “notice of intent to file a motion for reconsideration” on 5/20/22 but did not file the motion for reconsideration until 6/13/22 and provide no authority to support the position that a n...

Excerpt: ...th 675, 682‐683, because (a) Plaintiff has no evidence of a special relationship between himself and these Defendants which would give rise to a legal duty to protect against third party conduct: and (b) Defendants did not have any prior knowledge that the dog that bit Plaintiff had any dangerous propensities; and (2) the strict liability cause of action, which is brought under Civ. Code §3342, has no merit, because strict liability under this...

Excerpt: ...GS DATE: June 29, 2022 TIME: 8:30 A.M. 2 the deed of trust (DOT) name SDC as an additional insured/loss payee. SDC fails to seek judicial notice of the DOT and it is not an exhibit to the 6AC. In its reply, SDC submits Plaintiff's unverified admissions that the insurance required SDC to be named as an additional insured and the policy did not. For purposes of this demurrer, unverified admissions are unpersuasive. Regarding Plaintiff's 7th cause o...

Excerpt: ... policy: discrimination; sexual harassment; supervisor responsibilities; ethics; relationships; performance; and conduct. City alleged and was successful in demonstrating to the City Council that Ball violated these city policies when he sexually harassed a subordinate and retaliated against her. Petitioner's writ is denied. As discussed below, the weight of the evidence supports findings that Petitioner engaged in conduct that violated the City'...

Excerpt: ... not apply. In limited civil cases, in addition to extrinsic fraud or mistake, the Court's equitable powers to vacate judgments are extended to include inadvertence or excusable neglect. (CCP § 86(b)(3); Cal Practice Guide, (TRG 2021) Civil Procedure Before Trial, § 5:435‐438.) The evidence before the Court is that Defendant relied upon an unidentified third‐party financial institution to help him, and that he was working with Discover and ...

Excerpt: ...'s and high level executives established that they had essentially zero involvement or knowledge in particular cases (except in some instances to be cc'd on letters or authoring memos related to systems or prototypes). Liberty, 10 Cal.App.4th at 1288‐1289. This case is different. Here, VPX's CEO signed the exclusive distribution agreement with Plaintiff's competitor and was identified by the PMK as the final decision maker with legal as to buy ...

Excerpt: ...damental to personal autonomy must be supported by a compelling interest. (Williams v. Superior Court (2017) 3 Cal.5th 531, 557 [220 Cal.Rptr.3d 472, 398 P.3d 69].) Thinh's objections are based upon his right to privacy in these financial records. CCP § 1985.3. Thinh claims that if the records are produced, Tran will know the financial institution that originated the wire transfers and further fabricate and fact‐fit his case against Thinh. (P&...

Excerpt: ...iff‐borrower's negligence claim against a junior lender for allegedly failing to timely respond to the borrower's application to modify a second position deed of trust, resulting in the sale of the loan and foreclosure while the application was still pending. The court affirmed the general rule, stated in Nymark v. Heart Fed. Savings & Loan Assn. (1991) 231 Cal.App.3d 1089 (Nymark), that financial institutions owe no duty of care to a borrower ...

Excerpt: ...violently and unexpectedly nosedive and slam into the pavement. Plaintiffs assert nine causes of action against FM, and a tenth claim/prayer for punitive damages. The first five causes of action are predicated on Plaintiffs' defective product claim [negligence, negligence per se; strict liability; failure to warn; and negligent design], and are referred to herein as the “negligence/product liability” causes of action. The 7th through 9th caus...

Excerpt: ...until June 1, 2020 to perform. Plaintiffs allege that the reasons given for the cancellation were a pretext; and that on that same date (May 31, 2020) Defendants entered into a contract to sell the property to the Rodriguez Defendants for a higher price. Plaintiffs' Fourth Amended Complaint alleges that have Plaintiffs timely performed all of their obligations under the PSA; and alternatively, that to the extent there was a failure to timely prov...

Excerpt: ...REQUEST FOR PRODUCTION OF DOCUMENTS (“RFP”): RFP 2: This request seeks all documents related to or evidencing the account on which Plaintiff's claim is based. Plaintiff's amended response identifies bates nos. 1‐69 and then states “Velocity is producing all documents in its possession, custody and control that are responsive to this request.” While this response is not verbatim from the code, it does appear to identify that documents 1�...

Excerpt: ...he act underlying the plaintiff's cause fits one of the categories spelled out in section 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....

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...