Excerpt: ...nce of billable records disclosing efforts supporting such a fee and the sum amount of the recovery. Further, the court is unable to approve a stipulation to seal court files absent a compelling reason which would permit the court to make findings that such sealing is necessary in light of the public's interest in access to court files. The parties have failed to make such a showing. The information that is sought to be redacted is not highly sen...

Excerpt: ...efers to NEW DESSERTS and the agreement is not ambiguous given its execution in connection with Plaintiff's onboarding process for employment with Defendant. The arbitration agreement is not procedurally and substantively unconscionable, and is capable of being enforced. (See Fittante v. Palm Springs Motors, Inc. (2003) 105 Cal.App.4th 708, 723). Only the cost‐splitting provision is unenforceable; however, this term may be properly severed unde...

Excerpt: ...missed the seventh cause of action for negligence, ninth cause of action for fraudulent misrepresentation, 10th cause of action for negligent misrepresentation, and 17th cause of action for intentional infliction of emotional distress. Defendant's motion has been rendered moot with respect to all dismissed claims. The Court takes judicial notice of the grant deed presented as Exhibit 1 of Defendant's request for judicial notice showing that title...

Excerpt: ... for conversion is sustained without leave to amend. Plaintiff's allegations fail to establish that any alleged violation of Civil Code sections 2923.55 and 2923.7 were material. (Civ. Code § 2924.12, subds. (a)‐ (b).) Plaintiff does not allege any facts demonstrating that any failure to provide a single point of contact or the fact that Plaintiff initiated the contact with Defendant constituted material violations of the statutes. (See, Astur...

Excerpt: ...s order granting preliminary approval. Having considered the unopposed motion for final approval and the supporting declarations and evidence, the Court finds that the settlement was entered into good faith, is fair, reasonable and adequate, and satisfies the standards for final approval under California law. (Civil Code §1781; Code Civ. Proc. §382; Cal. Rules of Ct., rule 3.769.) Good cause appearing to the satisfaction of the Court, the propo...

Excerpt: ...ESS to 1st Amended Complaint; and (4) Motion by Defendants PONTUS MAG FAIRFIELD, LLC; PONTUS MAG MANAGING MEMBER, LLC; PONTUS NET LEASE ADVISORS, LLC; PONTUS CAPITAL, LLC; and MICHAEL PRESS to Strike Portions of 1st Amended Complaint TENTATIVE RULING The demurrer by Defendant PONTUS MAG FAIRFIELD, LLC (“PONTUS MAG”) to the 3rd , 8th and 11th causes of action is denied. The demurrer by PONTUS MAG to the 5th, 6th, 7th, 9th and 12th causes of ac...

Excerpt: ... by Mr. Garcia's prior law firm (the Damrell Firm) to Petitioner David Duke's counsel herein. (The Court has already established that Petitioner, as decedent's personal representative, currently holds decedent's claims of privilege.) The parties submitted simultaneous briefing on the question presented to the Court and the Court has had an opportunity to review the parties' pleadings. Upon that review, the Court answers the question presented as ...

Excerpt: ...nt has presented sufficient evidence to meet her burden of establishing that there is a complete defense to Plaintiff's cause of action and that one or more elements of Plaintiff's negligence claim cannot be established. (Code Civ. Proc. § 437c(p)(2); Lyle v. Warner Bros. Television Prods. (2006) 38 Cal.4th 264, 274.) Defendant presents evidence that Plaintiff neither paid the required $25 filing fee nor submitted a proper request for a fee waiv...

Excerpt: ...ories for recovery may require amendment. Counsel proposes to substitute Plaintiff's minor son through his guardian ad litem and to amend the Complaint to allege a cause of action for wrongful death as a basis for recovery. It also appears counsel's intent is to dismiss Plaintiff as a named party to the suit and not to substitute her estate. The motion to amend was unopposed. A suit could be separately filed on behalf of Plaintiff's minor son for...

Excerpt: ...ors and health plan providers. In its First Amended Complaint (FAC), CVMG alleges that ALLCARE's business practices have crossed the line from allowable marketplace competition into civilly actionable wrongdoing. The FAC alleges eleven (11) causes of action. ALLCARE has filed a demurrer and motion to strike as to CVMG's FAC. Demurrer: In general, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordina...

Excerpt: ...e was injured on August 20, 2016. (Complaint, ¶ 13.) Plaintiff did not commence this action until March 29, 2019. Consequently, Plaintiff must specifically plead facts that would establish some legal theory why the action is not barred by the statute of limitations. (Mills v. Forestex Co. (2003) 108 Cal.App.4th 625, 641.) The court is mindful that Plaintiff has been on notice of the need to specifically plead facts to establish tolling of the st...

Excerpt: ...a Reg'l Med. Ctr. (2016) 246 Cal.App.4th 1260, 1266‐1267; Holcomb v. U.S. Bank (2005) 129 Cal.App.4th 1494, 1505.) Not only has Plaintiff previously unsuccessfully raised what appear to be same claims against Defendant Solano County in case number FCS052656, which were dismissed after the County successfully demurred to the complaint, Plaintiff has filed related actions seemingly based on the same facts or <01020176011a0003002600 03580003002f01...

Excerpt: ...ion for damages against a local public entity, the claims statutes require timely filing of a proper claim as a condition precedent to the maintenance of a judicial action and the failure to file a claim is fatal to the suit. (State of Cal. v. Superior Court (2004) 32 Cal.4th 1234, 1237; City of San Jose v. Superior Court (1974) 12 Cal.3d 447, 454‐455; Sofranek v. County of Merced (2007) 146 Cal.App.4th 1238, 1246; Spencer v. Merced County Offi...

Excerpt: ... by the client, the declaration does not provide admissible evidence and is hearsay. If Defendant is alleging that Defendant was not served and therefore the default is void, the declaration is hearsay and does not provide admissible evidence. Finally, if Defendant contends that LOCICERO is or was subject to a stay due to bankruptcy while the case was pending, Defendant fails to provide any information to support the stay. It is noted that other ...

Excerpt: ...) 25 Cal.4th 826, 853.) Plaintiff establishes that Defendant applied for and was approved for a credit card, a credit card was issued and sent to Defendant at the address provided, Defendant made use of the account, and Defendant breached by failing to make the minimum payments required for the outstanding balance owed on the account after March 13, 2018. (Decl. of Becker, ¶¶ 6‐7, 9, 12.) Plaintiff generated and sent monthly statements showin...

Excerpt: ...une 24. C.C.P. §2025.450(a) authorizes a party to file a motion to compel deposition, when the party served with a notice of deposition fails to appear for deposition. Under C.C.P. §2023.030(a), monetary sanctions can be imposed against any party engaged in the misuse of the discovery process, or attorney advising that conduct, for the “reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct”. C.C.P. �...

Excerpt: ...orneys' fees; 3) Cross‐complainants Owen and Silvermark's motion (and amended motion) to strike and tax costs claimed by Cross‐defendant BME; 4) Plaintiff BME's motion to strike or tax costs of Defendants Owen and Silvermark; 5) Defendant Owen's motion for contractual attorneys' fees set August 30; 6) Defendant Owen's motion for attorneys' fees pursuant to the California Uniform Trade Secrets Act and Membership Agreement; and 7) Plaintiff BME...

Excerpt: ...72, 381. The evaluation of impartiality is objective. There must be a specific identifiable reason for suspecting the arbitrator would not be impartial, but instead would favor one particular side. It does not matter if a litigant subjectively believes the arbitration might not be able to be impartial. Id. at 389. As the California Supreme Court noted: The arbitrator cannot reasonably be expected to identify and disclose all events in the arbitra...

Excerpt: ...f attorney's fees under Government Code section 800 is allowed only if the actions of a public entity or official were wholly arbitrary or capricious. The phrase "arbitrary or capricious" encompasses conduct not supported by a fair or substantial reason, a stubborn insistence on following unauthorized conduct, or a bad faith legal dispute.' [Citations.] Attorney's fees may not be awarded simply because the administrative entit...

Excerpt: ... for trial in March, 2019, given the many overlapping legal and evidentiary issues. Further, the Court recognizes Defendants' significant efforts to seek transfer of the Sacramento case in early 2018 and willingness to adopt the Court's recommendations regarding alternatives to transfer. However, given the current trial date, transfer‐in date and the procedural status of both cases, Plaintiff in the Frank case will be prejudiced by consolidatio...

Excerpt: ... SYSTEMS, INC. (“MERS”) back to original lender PACIFIC UNION FINANCIAL, LLC (“PACIFIC UNION”) is somehow fraudulent or a forgery. California cases have consistently found that MERS as nominee beneficiary of the deed of trust has the authority to assign the beneficiary rights. Herrera v. Federal National Mortgage Assn. (2012) 205 Cal.App.4th 1495; Siliga v. Mortgage Electronic Registration Systems, Inc. (2013) 219 Cal.App.4th 75, and Font...

Excerpt: ...d as opposition papers, Plaintiff has failed to file with the Court any opposition to Defendant's motion for summary judgment or any response to Defendant's separate statement of undisputed material facts. (Code Civ. Proc. § 437c, subds. (b)(2)‐(b)(3).) Likewise, Defendant has filed an opposition to an apparent motion for summary judgment sought by Plaintiff. The Court has not received a motion for summary judgment from Plaintiff. Because Plai...

Excerpt: ...eparing Resolution 17‐089” by generally identifying entire departments or divisions of the city. CITY cites no legal authority that the identity of the person who prepared Resolution 17‐089 is subject to privilege. Special Interrogatory Nos. 3, 4, 5 and 8 are vague and as stated are redundant and repetitive to Special Interrogatory Nos. 1 and 2. Given the contents of Plaintiff's reply which includes information Plaintiff apparently derived ...

Excerpt: .... Rules of Court, rule 3.500(d).) The parties agree that the actions are not complex. The Sacramento action is based on the same facts as Plaintiff's fifth cause of action for misappropriation of trade secrets and therefore share predominating common questions of fact and law. Transfer and coordination will promote the convenience of all parties, witnesses and counsel, the efficient utilization of judicial resources, and the likelihood of settlem...

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...

Excerpt: ......

Excerpt: ...Y PLASTERING, INC., to defend PULTE HOME CORPORATION in this construction defect action is granted in part. The court finds, as a matter of law, that MID VALLEY PLASTERING, INC., has an express contractual duty to defend PULTE HOMES in this action as to “the matters embraced by the indemnity.” (Civil Code, § 2778(4); Crawford v. Weather Shield Manufacturing, Inc. (2008) 44 Cal.4th 541). The “matters embraced by the indemnity” were intend...

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...