Excerpt: ...laintiff's counsel in his moving papers. To prevail on a motion to set aside a dismissal under CCP §473, plaintiff's counsel was required to submit a “sworn affidavit” attesting to his mistake. Although plaintiff's counsel refers to a declaration in the title of his motion papers, no declaration, that is, no statement signed under penalty of perjury, was filed. Moreover, even if the document submitted had been signed under penalty of perjury...

Excerpt: ...ned on the basis of foundation and lack of personal knowledge. The court agrees with Plaintiff's late‐filed reply that Defendant's opposition to motion for summary judgment implies that an unknown amount of funds for unknown invoices may be due to Plaintiff. However, this implication is insufficient to establish a basis to grant Plaintiff's motion for summary judgment. Plaintiff has not met its “burden of showing that there is no defense to a...

Excerpt: ...ant Owen “is presumed to know who his customers were at the time a business was conveyed” and therefore the injunction prohibiting solicitation of former customers “provides sufficient notice”. (Amended Preliminary Injunction, p. 11:7‐ 9.) A preliminary injunction is not intended to include the detail and scope that an order would have after a fully contested trial in which the parties would have the opportunity to present and refute ev...

Excerpt: ...other party material to Plaintiff's theory of relief, what the defendants did or did not do to make them liable to Plaintiff, or why the defendants owed Plaintiff a duty to act or refrain from acting. Plaintiff has not met his burden of proving that it is reasonably possible to cure the defects by amendment. (Blatty v. New York Times Co. (1986) 42 Cal.3d 1033, 1041; Goodman v. Kennedy (1976) 18 Cal.3d 335, 349; Cooper v. Equity Gen. Ins. (1990) 2...

Excerpt: ...are entitled to judgment as a matter of law. Defendants have submitted uncontroverted evidence that SUARD'S diagnosis and treatment of decedent PATRICK KRAINERT were within the standard of care, including SUARD'S prescribing the drug, Gabapentin, for him without discussing the rare possibility that it could produce suicidal tendencies. (Declaration of Benny Gavi, M.D.). Further, the conduct of SUARD was not a substantial factor in causing the dea...

Excerpt: ...ade secret through improper means, and Defendant's action damaged Plaintiff. (CytoDyn of New Mexico, Inc. v. Amerimmune Pharm., Inc. (2008) 160 Cal.App.4th 288, 297.) Plaintiff alleges that trade secret information was obtained or derived through Defendant Siegrist, who owed a duty to Plaintiff to maintain its secrecy and limit its use. (Complaint, ¶¶ 18, 23, 27.) Not only does Plaintiff allege that Defendant Siegrist acted as an agent or emplo...

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Excerpt: ...under 14 who has a substantial interest in the litigation. (Landry v. Berryessa Union Sch. Dist. (1995) 39 Cal.App.4th 691, 696.) However, the burden is on the moving party to establish a substantial interest in the litigation. As it appears that a motion under CCP § 36(b) is mandatory in the same manner as a motion brought under CCP §36(a), it appears that such a motion “may be supported by nothing more than an attorney's declaration bas...