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: ...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: ...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: ... 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: ...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: ...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...