Excerpt: ...ranted. Defendant's claimed costs for subpoenas for medical, long term care, and school records are an “investigation expense” that cannot be shifted. (Code of Civ. Proc. § 1033.5, subd. (b)(2).) Plaintiffs motion to tax costs for filing fees and courier service is granted and denied. As the prevailing party, Defendant is entitled to recover filing fees. However, the numbers cited by Defendant are inconsistent with the schedule of filing fee...

Excerpt: ...t (1977) 73 Cal.App.3d 864, 872; G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) “In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by a plaintiff.” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) The court had previously considered Plaintiffs' allegation that Defendant had made vague and unspecified verbal threats of ...

Excerpt: ...ough 13 of the declarations of Marlon and Febes Taasan and the transcript of the deposition of Hodges are overruled. Defendant Veriprise Processing Solutions, LLC's motion for summary judgment, based on the privilege pursuant to Civil Code section 2924(d), is denied. While it is true that Plaintiffs' allegation against Defendant consists solely of the issuance of statutory notices required by the nonjudicial foreclosure statutes (FAC, ¶ 24), Def...

Excerpt: ...ough 13 of the declarations of Marlon and Febes Taasan and the transcript of the deposition of Hodges are overruled. Defendant Veriprise Processing Solutions, LLC's motion for summary judgment, based on the privilege pursuant to Civil Code section 2924(d), is denied. While it is true that Plaintiffs' allegation against Defendant consists solely of the issuance of statutory notices required by the nonjudicial foreclosure statutes (FAC, ¶ 24), Def...

Excerpt: ... responding party to assert objections, including those based on privilege or work product. C.C.P. §2030.290(a) [interrogatories]; §2031.300(a) [requests for production]; §2033.280(a) [requests for admissions]. To the extent that objections are raised in “promptly” filed protective order motion, those raised objections may be preserved. However, if the protective order motion is denied, with those objections found invalid, in the absence o...

Excerpt: ...r Court (1975) 49 Cal.App.3d 22, 29.) “In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by a plaintiff.” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) “[T]he act of operating a motor vehicle while intoxicated may constitute an act of ‘malice' under section 3294 if performed under circumstances which disclose a conscious disregard...

Excerpt: ...r Court (1975) 49 Cal.App.3d 22, 29.) “In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by a plaintiff.” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) “[T]he act of operating a motor vehicle while intoxicated may constitute an act of ‘malice' under section 3294 if performed under circumstances which disclose a conscious disregard...

Excerpt: ...ns interstate commerce between Nevada limited liability company VEROS and California individual person LOPEZ. However, the court rules on this petition using the procedures of Code of Civil Procedure sections 1280 et seq. (Rosenthal v. Great Western Financial Securities Corp. (1996) 14 Cal.4th 394, 410 (Rosenthal).) California's procedural rules for petitions to compel arbitration are neutral between federal and state claims for arbitration enfor...

Excerpt: ...iation and informal resolution” that amounted to a sufficient “attempt to talk the matter over, compare their views, consult, and deliberate.” (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294; Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) Plaintiffs did not attempt to discuss the merits of any of Defendant's specific objections to any of Plaintiffs discovery requests, but simply took exception to the service of responses...

Excerpt: ...izes a party to move for summary adjudication “as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty”, which can be granted “only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty”. Here, BMO HARRIS BANK, N.A. (“BMO”) seeks summary adjudication of 2 different types of breach of c...

Excerpt: ...ns interstate commerce between Nevada limited liability company VEROS and California individual person LOPEZ. However, the court rules on this petition using the procedures of Code of Civil Procedure sections 1280 et seq. (Rosenthal v. Great Western Financial Securities Corp. (1996) 14 Cal.4th 394, 410 (Rosenthal).) California's procedural rules for petitions to compel arbitration are neutral between federal and state claims for arbitration enfor...

Excerpt: ...iation and informal resolution” that amounted to a sufficient “attempt to talk the matter over, compare their views, consult, and deliberate.” (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294; Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) Plaintiffs did not attempt to discuss the merits of any of Defendant's specific objections to any of Plaintiffs discovery requests, but simply took exception to the service of responses...

Excerpt: ... an appeal on behalf of a corporation. Further, the amounts due from Luv Care, Inc. were not properly posted as security to perfect a timely appeal. Judgment shall be entered on behalf of Respondent against Luv Care, Inc. pursuant to the Labor Commissioner's decision. Respondent's unopposed motion to dismiss the individual appeal of Shobha Kothapalli is denied. While it appears that Ms. Kothapalli may have attempted to represent the interests of ...

Excerpt: ...defendants. The sole allegation against Defendant Lofas is that he is a resident of Vallejo. (SAC, ¶ 5.) The sole allegation against Defendant Estate of Jean Lofas is that it is domiciled in Vallejo. (SAC, ¶ 6.) Plaintiff has not made any factual allegations concerning Defendant Rentschler. Defendants' demurrer against the first cause of action for elder abuse, second cause of action for assault, third cause of action for battery, fourth cause ...

Excerpt: ...AVID ALLEN should defendant KELSA GENTRY terminate the contract, as she did. The parties agreed to payment based on the time spent multiplied by the hourly rate of every person who worked on the case, and no more. (See Defendants' Compendium of Exhibits, Exhibit 7). Therefore, the court may find, as a matter of law, that plaintiff is entitled to this amount only. Although plaintiff suggests that its retainer agreement with GENTRY is void because ...

Excerpt: ...s overruled as to the second cause of action for interference with prospective economic advantage, third cause of action for interference with contract, fifth cause of action for unjust enrichment, and sixth cause of action for violation of the Unfair Competition Law. Plaintiffs have adequately alleged facts supporting the material elements of these causes of action. Defendants' demurrer to the eighth cause of action for violation of the Rosentha...

Excerpt: ...upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. To be enforceable under C.C.P. §664.6, a written settlement agreement be signed by the “parties”. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §12:953, p. 12(II)‐122. It must be signed by t...

Excerpt: ...est for Production, Set One On August 12, 2019, defendant VERO FOODS, LLC, served supplemental responses to Request for Production, Set One. These supplemental responses render moot the motion to compel, which was based on VERO FOOD'S original responses. If plaintiff found the supplemental responses to be inadequate, she should have filed a new motion based on the supplemental responses, or at least filed a new Separate Statement of Discovery Ite...

Excerpt: ...r a corporate employer, “the advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice must be on the part of an officer, director, or managing agent of the corporation. (Ibid.) A managing agent is not merely a supervisor with the ability to hire and fire employees, but must be in a position to “exercise substantial discretionary authority over decisions that ultimately determine corporate p...

Excerpt: ...ay is not a defense to a claim of indebtedness. (See, Ab Group v. Wertin (1997) 59 Cal.App.4th 1022, 1028 [a borrower is legally obligated to repay her loans].) Furthermore, Plaintiff has no duty to exercise reasonable forbearance in enforcing its legal remedies against a debtor. (Price v. Wells Fargo Bank (1989) 213 Cal.App.3d 465, 479.) Judgment shall be entered for Plaintiff and against Defendant for the principal balance of $2,030.93. Prejudg...

Excerpt: ... is not a defense to a claim of indebtedness. (See, Ab Group v. Wertin (1997) 59 Cal.App.4th 1022, 1028 [a borrower is legally obligated to repay her loans].) Judgment shall be entered for Plaintiff and against Defendant for the principal balance of $843.99. Prejudgment costs must be claimed and contested in accordance with the rules adopted by the Judicial Council. (Code Civ. Proc. § 1034(a); Cal. Rules of Court, rule 3.1700.) ...

Excerpt: ...ns. Co. (1972) 7 Cal.3d 988 were similar to the facts presented in this case, Orpustan was decided “based upon the language of the insurance policy” and was therefore “fully consistent with the antecedent decisions which required the parties to arbitrate those controversies which they had agreed to arbitrate.” (Freeman v. State Farm Mut. Auto. Ins. Co. (1975) 14 Cal.3d 473, 482.) The arbitration agreement in the instant case is expressly ...

Excerpt: ...on information provided in good faith by the beneficiary regarding the nature and the amount of default under the deed of trust. (Civ. Code § 2924(b).) In addition, the trustee's acts of mailing, publication, and delivery of notices required by law and in performing the procedures set forth by law are privileged. (Civ. Code § 2924(d).) Although the privilege can be defeated by a showing of actual malice, Plaintiff has not alleged any facts supp...

Excerpt: ...2‐553; Pioneer Elecs. (USA), Inc. v. Superior Court (2007) 40 Cal.4th 360, 370‐371.) Plaintiff raises the countervailing interest of facilitating the ascertainment of truth in legal proceedings (Britt v. Superior Court (1978) 20 Cal.3d 844, 857; Bd. of Trustees v. Superior Court (1981) 119 Cal.App.3d 516, 525) and establishes that records relating Defendant's driving ability and history are directly relevant to her negligent hiring and entrus...

Excerpt: ...Mandri v. Judkins (1997) 52 Cal.App.4th 326, 336 [nondisclosure or concealment may constitute actionable fraud “when the defendant had exclusive knowledge of material facts not known to the plaintiff”].) A general demurrer may not be sustained if the facts alleged state a cause of action on any theory. (Young v. Gannon (2002) 97 Cal.App.4th 209, 220; Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 870‐871.) Parties to appear to discuss the a...

Excerpt: ...ges that the lender or mortgage servicer denied an application for a loan modification on the false claim that the borrower failed to provide all required documentation. (Majd v. Bank of Am. (2015) 243 Cal.App.4th 1293, 1304, 1306‐1307.) Plaintiffs allege a substantially similar situation in which Defendant Chase demanded, in violation of HAMP rules, documents that were impossible to produce and refused to evaluate their application for a loan ...

Excerpt: ...Mandri v. Judkins (1997) 52 Cal.App.4th 326, 336 [nondisclosure or concealment may constitute actionable fraud “when the defendant had exclusive knowledge of material facts not known to the plaintiff”].) A general demurrer may not be sustained if the facts alleged state a cause of action on any theory. (Young v. Gannon (2002) 97 Cal.App.4th 209, 220; Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 870‐871.) Parties to appear to discuss the a...

Excerpt: ...ce as the court did in Fowler v. Howell (1996) 42 Cal.App.4th 1746, 1752‐1753. The court thus takes judicial notice of the certification of Alexandra Gottlieb indicating that no government claim filed by plaintiff regarding the alleged incident is contained in the records of the Government Claims Program. The court also takes judicial notice of the complaints plaintiff filed in his property action, which include the government claim plaintiff f...

Excerpt: ...ny, Plaintiff did not admit that the baling string did not break nor did he admit that he had no evidence regarding Defendants' actual or constructive notice regarding the alleged defect in the string. Plaintiff explicitly testified that his hay hook was “definitely on the string” because he had “tension” while he pulled for “[p]robably half a minute” and the only way he could have fallen the way he did is if the string broke. (Depo. ...

Excerpt: ... motion had already been filed. (Decl. of Rivero, Exh. 15.) In addition, the discovery sought will not be relevant to any outstanding disputed issue between the parties in light of Defendant's offer to file the proposed amended answer fully admitting liability for civil penalties awardable under the Page 3 of 3 Song‐Beverly Consumer Warranty Act. (Civ. Code § 1794.) Defendant sought a stipulation to permit Defendant to file a proposed amended ...

Excerpt: ... 29 Cal.App.5th 1241 and other cases cited by U.S. Fire, which involved the actual insurer of the defaulting defendant. The motion is denied without prejudice to a subsequent motion to set aside should U.S. Fire determine that it did, in fact, issue an insurance policy to Associated Insulation during the period of plaintiff's alleged asbestos exposure. The court notes that while U.S. Fire may not bring this motion to set aside without evidence th...

Excerpt: ...for summary adjudication of the second cause of action for medical professional negligence and sixth cause of action for wrongful death based on the same alleged negligent treatment is denied. Plaintiffs have established that there exists a triable issue of fact concerning whether Defendant's treatment of Decedent fell below the applicable standard of care by presenting the declaration of an expert contradicting Defendant's expert. (See, Decl. of...

Excerpt: ...action. (Guzman v. County of Monterey (2009) 46 Cal.4th 887, 898.) An enactment does not create a mandatory duty if it merely recites legislative goals or policies that must be implemented through a public agency's exercise of discretion. (County of Los Angeles v. Superior Court (2002) 102 Cal.App.4th 627, 639; Wilson v. County of San Diego (2001) 91 Cal.App.4th 974, 980.) Plaintiff alleges three enactments impose a mandatory duty breached by the...

Excerpt: ... the Solano County Sheriff's Office and the subpoena to Humane Animal Services. The court grants the motion to quash these two subpoenas. FIELDING did not provide an affidavit for the subpoenas, as required by CCP Section 1985(b). Nor did she provide the information that would have been contained in such an affidavit in her opposition. She did not show good cause for production of the records, specify the exact matters or things to be produced, s...

Excerpt: ...§ 437c(p)(2).) Defendants improperly relied on their own responses to Plaintiff's form interrogatories and requests for admissions in attempting to show that they did not have any actual knowledge of the existence of dogs on the leased property. (Code Civ. Proc. §§ 2030.410, 2033.410; Great Am. Ins. Cos. v. Gordon Trucking, Inc. (2008) 165 Cal.App.4th 445, 450; Victaulic Co. v. Am. Home Assurance Co. (2018) 20 Cal.App.5th 948, 973; Gonsalves v...

Excerpt: ...and the filing of her cause of action, Defendant has established as a matter of law that the action as to Defendant ZHU is time‐barred. Under CCP §437c(p), the burden of proof shifts to plaintiff to establish there remains a triable issue of material fact. Plaintiff has not met this burden. Plaintiff contends that under the doctrine of equitable estoppel, defendant may not assert the one‐year statute of limitations defense of CCP §340.5 bec...

Excerpt: ...mmon counts.” (Farmers Ins. Exch. v. Zerin (1997) 53 Cal.App.4th 445, 460.) The essential elements to properly plead a common count are: 1) the statement of indebtedness in a certain sum, 2) consideration such as “goods sold” or “work done,” and 3) nonpayment. (Ibid.) Plaintiffs have adequately alleged an indebtedness in a sum certain, consideration based on “money lent”, and nonpayment. (Complaint, ¶¶ 4‐8.) No basis to find som...

Excerpt: ...v. Proc. § 437c(p)(2); Lyle v. Warner Bros. Television Prods. (2006) 38 Cal.4th 264, 274.) Defendants present the uncontested testimony of Defendant Wagner establishing that Plaintiff ran into the crosswalk and in front of Defendant's vehicle against a red light and that Defendant did not have time to stop but was forced to swerve in an unsuccessful effort to avoid a collision with Plaintiff. (Amended Decl. of Wagner, ¶¶ 4, 6‐9.) Plaintiff i...

Excerpt: ...ve the joint venture, the court could not summarily adjudicate the second cause of action for money owed or the third cause of action for dissolution. Therefore, the court cannot grant summary judgment. As to the first cause of action for specific performance, the undisputed facts are that this oral agreement was not a joint venture agreement to share profits in a real estate transaction that may avoid the statute of frauds. Rather, it was an agr...

Excerpt: ...e any facts or legal theories on which Defendant's liability might be based. Plaintiff has not met his or her burden of showing that it is reasonably possible to cure the complaint by amendment. (Blatty v. New York Times Co. (1986) 42 Cal.3d 1033, 1040‐1041.) Plaintiff has not demonstrated in what manner he or she can amend the complaint or how those amendments will change the legal effect of the pleading. (Goodman v. Kennedy (1976) 18 Cal.3d 3...

Excerpt: ...clude a separate or separately identified notice of motion or memorandum of points and authorities. (Cal. Rules of Court, rule 3.1112, subds. (a), (c).) Nothing in the “motion” contains “a concise statement of the law” or a “discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, rule 3.1113(b).) The absence of a proper memorandum of points and authorities can be construed by ...

Excerpt: ...solidated complaint is granted in part and denied in part. Defendants' motion is granted as to Plaintiffs' allegations of sick leave notice requirements. PAGA specifically prohibits an action “for any violation of a posting, notice, agency reporting, or filing requirement of this code, except where the filing or reporting requirement involves mandatory payroll or workplace injury reporting.” (Lab. Code § 2699(g)(2); Titus v. McLane Foodservi...

Excerpt: ...oreclosure to be wrongful. The nonjudicial foreclosure statutes do not require a foreclosing party to be a have a beneficial interest in the note, to have possession of the note, to provide the power of attorney to the borrower, or to have certain allonges and endorsements for the note. The allegations that the MERS representative did not have authority to sign the Assignment of the Deed of Trust are also not sufficient. In failing to state a cau...

Excerpt: ...tained from Defendant Acceptance was adequate to cover Plaintiff's losses. Plaintiff's cause of action for negligence is based on the theory that Defendant Sharma “failed to procure insurance coverage with sufficient limits to cover the value of Plaintiff's investment” as requested by Plaintiff. Neither theory of liability supports a determination that a need to sue or defend against Defendant Acceptance resulted from Defendant Sharma's torti...

Excerpt: .... (Complaint, ¶ BC‐2.) But, a public employee “is not liable for an injury caused by his misrepresentation, whether or not such misrepresentation be negligent or intentional” (Gov. Code § 822.2) and a public entity “is not liable for an injury resulting from an act or omission of an employee … where the employee is immune from liability” (Gov. Code § 815.2(b)). Plaintiff has not met his burden of showing that it is reasonably possi...

Excerpt: ...sed it in their home in California on a regular basis, and that this resulted in DOUGLAS STROBEL being exposed to the ingredients of the powder, allegedly to his detriment. Thus, plaintiffs have established that there is a sufficient connection between plaintiffs' claims and California for this court to find specific jurisdiction over COLGATE‐PALMOLIVE in this case. Evidence that the talcum powder contained asbestos is not necessary for determi...

Excerpt: ...records and radiology records are to be limited in scope to only those records relating to plaintiff's claimed injuries and conditions arising from the incident. According to plaintiff's interrogatory responses, these are injuries to plaintiff's cervical spine, which have resulted in neck pain and nerve pain, and which affects plaintiff's neck and spine, right arm, triceps, right hand and fingers, right shoulder blade, upper back, and right eye; ...

Excerpt: ...records and radiology records are to be limited in scope to only those records relating to plaintiff's claimed injuries and conditions arising from the incident. According to plaintiff's interrogatory responses, these are injuries to plaintiff's cervical spine, which have resulted in neck pain and nerve pain, and which affects plaintiff's neck and spine, right arm, triceps, right hand and fingers, right shoulder blade, upper back, and right eye; ...

Excerpt: ...d. The information set forth in the application for preliminary injunction is stale given these representations in open court. At that same hearing, the court expressed that Plaintiff's submissions were sufficient for a TRO but inadequate for a preliminary injunction due to the lack of supporting and corroborating evidence related to Plaintiff's claims. A restraining order to prohibit a non‐judicial foreclosure from proceeding is highly disfavo...

Excerpt: ...y explaining why the objections are not meritorious or how the discovery request could be modified such that it is acceptable. The court reserves jurisdiction over sanctions to both parties due to the failure to meet and confer. Further, Plaintiff fails to separately state the motions which should be filed and scheduled separately rather than as an omnibus motion. In the future, the court may strike a combined discovery motion. Plaintiff's motion...