Excerpt: ... is that the defendant, by the specified improper means (i.e„ 'threats, intimidation or coercion'), tried to or did prevent the plaintiff from doing something he or she had the right to do under the law or to force the plaintiff to do something that he or she was not required to do under the law." (Shoyoye v. County of Angeles (2012) 203 Cal.App.4th 947, 955-956, quoting Austin 8. v. Escondido Union Sch. Dist. (2007) 149 Cal.App.4th 850, 883.) ...

Excerpt: ...in propria persona by filing an Answer to the original Complaint on November 24, 2021. He attended Case Management Conferences on June 14, 2022, October 25, 2022 and December 20, 2022. He failed to file an opposition to, or attend the September 1, 2022 hearing on Plaintiff's Motion to Compel discovery responses. The order on the Motion to Com#l was discussed by the Court during the Case Management Conference on October 25, 2022, which Defendant a...

Excerpt: ...anted, even up to eve of trial, absent evidence that a defendant would be prejudiced by the allow-ng of additional allegations so close to trial (and currently, there is no new trial date set yet for this case). Atkinson v. Elk Corp. (2W3) 109 Cal.App.4th 739, 761. Despite the clear and well-established policy favoring liberality in granting motions for leave to amend, the opposition cited numerous cases to argue that delay alone could justify th...

Excerpt: ... right to compel or proceed with arbitration. Civ. Proc. SS 1281.97(a)(1), 1281.98(a)(1).) Upon a material breach by the drafting party, the consumer may elect to withdraw from arbitration and proceed in a court of appropriate jurisdiction. (Code Civ. Proc. S 1281.97(b)(1), 1281.98(b)(1).) he statutes establish "a simple bright-line rule" and it does not matter that the drafting party's nonpayment may have been inadvertent and did not prejudice t...

Excerpt: ... is therefore denied on this basis. The demurrer filed by FANIA is supported by a filed and served memorandum of points and authorities, and so the court can rule on its merits. The demurrer is sustained with 30 days leave to amend as to the 3rd cause of action for fraud and the 6th cause of action for conspiracy to commit fraud. The elements of a fraud cause of action include a false representation made to another, to induce reliance, and which ...

Excerpt: ...udicial remedy set forth in the CPRA is available only to a person or entity who is seeking disclosure of public records and only where the public entity is allegedly improperly withholding those records ... The CPRA provides no judicial remedy for any other person or entity or a remedy that may be utilized for any purpose other than to determine whether a particular record or class of records must be disclosed. County of Santa Clara v. Superior ...

Excerpt: ...negligent failure to warn, and negligent supervision of a minor. Plaintiff alleges that she suffered childhood sexual abuse from Defendant EDWARD HEARN ("HEARN") and that DUSD is liable on the basis that it employed HEARN as a substitute teacher while Plaintiff attended Dixon High School and as a swim coach for the school swim team of which Plaintiff was a member. DUSD raises seven issues in its moton: (1) that Government Code section 905, subdiv...

Excerpt: ...ore must be shown before it can be considered that there is a contract. That something is an acceptance, and the acceptance is just as much a part of the contract as the proposal, and anything which is a part of the acceptance may be shown, even though the proposal be in writing and the acceptance be not. Griffith v. Bucknam (1947) 81 Cal.App. 2d 454, 458, quoting in Lawrence v. Premier Indem. Assur. Co„ 180 Cal. 688, 698. Plaintiff's first ame...

Excerpt: ...e Estates, LLC (2007) 152 Cal.App.4th 1106, 1117.) Plaintiff's first cause of action for violation of Civil Code secton 2923.5 and third cause of acton for violation of Civil Code section 2924.9 fail to allege facts establishing a material violation of the statutes. (Civ. Code SS 2924.12(b), 2924.19(b).) A violation is "material" if "it affected the borrower's loan obligations, disrupted the loan modification process, or otherwise harmed the borr...

Excerpt: ...rsonal liability of the public official involved. The determination of the amount of attorneys fees authorized by any statute to be awarded is a matter largely left to the trial court, subject to certain basic concepts. Courts are to apply the "adjusted lodestar" method for determining the amount of attorneys fees it is statutorily authorized to award. This requires the court to find the reasonable number of hours incurred by the attorneys on the...

Excerpt: ...Travel Trailers of California, Inc. (2006) 144 Cal.App.4th 785, 817 [appellate court approved over in fees attributable to the motion for attorney fees]. However, only the latter and not the former are subject to any significant multiplier, to compensate for such factors as risk and delay in recovering attorneys fees. Graham v. DaimlerChrysler Corp. (2004) 34 Cal.4th 553, 580-582. The court's role is to review the claims for attorneys fees, and m...

Excerpt: ... the 'game' element out of trial preparation". (Greyhound Corp. v. Superior Court (1961) 56 Cal.2d 355, 375.) "A principal purpose of the new discovery act is to facilitate expeditious dispositon of litigation" and "[i]t would contravene that purpose to require two steps in a discovery proceeding where one suffices." (Laddon v. Superior Court (1959) 167 Cal.App.2d 391, 396.) Regardless of whether Defendant legitimately construed Plaintiff's reque...

Excerpt: ...take its place, if it finds it appropriate to do so. (a) A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment, including the ground that the amount of interest accrued on the sister state judgment and included in the judgment entered pursuant to this chapter is incorrect. (b) Not later than 30 days after service of notice of entry of judgment purs...

Excerpt: ...umstances, for which expert testimony is ordinarily required. Blanks v. Seyfarth Shaw LLP (2009) 171 Cal.App.4th 336, 357; Lipscomb v. Krause (1978) 87 Cal.App.3d 970, 976. The attorney's actions taken, and not taken, in the subject case form the backbone of a legal malpractice action, and the basis for review by an expert. An expert witness cannot base an opinion on speculation or conjecture. Sargon Enterprises, Inc. v. University of southern ca...

Excerpt: ...the scope of his employment with MEDIC, caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to either motion. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work these issues out before resorting to a motion to compel further responses. Code of Civil Procedure section 2016.040 requires a declaration "showing a reasonable and go...

Excerpt: ...ort to resolve the discovery disputes before filing the motion. C.C.P. The purposes behind the meet and confer requirement are to force the parties to reexamine their positions, and to narrow their disputes to the "irreducible minimum" before asking the court to resolve them. Edmon & Karnow (We-I & Brown), Civil Procedure Before Trial, 58:1159; See also Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1281, quoting Townsend v. Superior Court (1998)...

Excerpt: ...f attachment [Code Civ. Proc, S 482.070, subd. (d)]; applications for writs of possession [Code Civ. Proc„ S 512.030, subd. Defendant has filed no responsive pleading in this action identifying an address of record. Plaintiff's proof of service indicating only service by mail is insufficient in the circumstances. Further, paragraph 05 of the presented settlement agreement between the parties states that Plaintiff shall prepare and file a notice...

Excerpt: ...omplaint against the SCHOENFELDS and Defendant SAFECO INSURANCE COMPANY ("SAFECO") alleges that the SCHOENFELDS contracted with CHOUDHERY for towing and storage of their truck, that SAFECO has issued the SCHOENFELDS an insurance policy obligating it to pay fts insureds' towing and storage costs, that CHOUDHERY performed towing and storage services pursuant to the parties' agreement, and that the SCHOENFELDS and SAFECO have not paid CHOUDHERY. The...

Excerpt: ... would support judgment on the pleadings in favor of Defendants, probably with leave to correct these deficiencies, if they can be corrected (the court finds the discovery responses by SKINNER suggestive but not conclusive as to her lack of standing to pursue a survivor action following the death of the named plaintiff). Nevertheless, summary judgment is proper here because Defendants presented suffcient evidence to negate the element of breach o...

Excerpt: ...A, acting in the scope of his employment with MEDIC, caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to either motion. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work these issues out before resorting to a motion to compel further responses. Code of Civil Procedure section 2016.040 requires a declaration "showing a reas...

Excerpt: ...f 4 the scope of his employment with MEDIC, caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to either motion. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work these issues out before resorting to a motion to compel further responses. Code of Civil Procedure secton 2016.040 requires a declaration "showing a reasonable and...

Excerpt: ...to prevent Plaintiff from taking possession of the property, they may file with the court an undertaking in the amount of to cover potential costs and damages that may be sustained as a result of Plaintiff's failure to gain possession. (Code Civ. Proc. S 515.020.) The levying offcer is not authorized to enter a private place to take possession of the property. Plaintiff has not provided the court with any competent evidence establishing probable ...

Excerpt: ...lege breach of the implied Page 2 of 3 warranty of habitability and related claims with regard to real property (the "Property") rented from Defendants. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work discovery issues out before resorting to a motion to compel further responses. The trial court has discretion in determining whether adequate meet and confer efforts preceded the fil...

Excerpt: ...at trust instrument, but would be a beneficiary to an earlier trust, if that later trust instrument were invalidated. Reading the Probate Code section consistent with the statutory scheme as a whole, and examining the statutory language to give it commonsense meaning, we conclude that claims that trust provisions or amendments are the product of incompetence, undue influence, or fraud, as is alleged here, should be decided by the probate court, i...

Excerpt: ...nterrogatories and requests for production, or to compel a deponent to produce documents and/or appear for a new deposition to answer specific questions posed at a prior deposition, the moving party must engage in meet and confer efforts to try to resolve the disputes. C.C.P. 52025.480(b) [deposition]; [interrogatories]; [requests for production]. The trial court has discretion in determining whether adequate meet and confer efforts preceded the ...