Excerpt: ...amed plaintiff. Fierro v. Landry's Restaurant Inc. (2019) 32 Cal.App.5th 276. In Fierro, one set of named plaintiffs filed a wage and hour purported class action case against an employer. That case was eventually dismissed by the court for failure to bring it to trial within five years. Within days, a new wage and hour purported class action case against that same employer was filed, by a new named plaintiff. The trial court sustained the employe...

Excerpt: ...s employee of Defendant CREATION NETWORKS, INC.), caused an automobile collision that harmed him. Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot establish an element of his cause of action. (Code Civ. Proc., S 437c, subd. A summary judgment motion is properly granted where the evidence in support of the moving party would be sufficient to sustain a judgment in his favor and his opponent does not s...

Excerpt: ...stantially the follow-ng form: "Notice: The Superior Court in and for Solano County has adopted a tentative rulings system that is described in the court's local Rule 3.9. Failure to comply with Rule 3.9 may seriously affect parties' rights in this case." The notice of motion filed here fails to contain this notce. CRC 3.17W requires court costs to be requested by filing and service of a memorandum of costs, within 15 days after service of the no...

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

Excerpt: ...aintiffs complaint alleges that Defendants three securities from him as satisfaction of the deed of trust they held against his home but foreclosed on the home and sold it regardless. Mootness of Demurrer and Motion. The court has not received opposition to the demurrer; however, Plaintiff filed a first amended complainton August 15, 2023. Plaintiff filed his amended complaint a day late. It is not valid and it does not mint consideration of Defe...

Excerpt: ... a cause of action for legal malpractice are (1) the attorney-client relationship or other basis for duty; (2) a negligent act or omission; (3) causation; and (4) damages." (Slovensky v. Friedman (2006) 142 Cal.App.4th 1518, 1528, quoting Kurinij v. Hanna & Morton (1997) 55 Cal.App.4th 853, 863, italics in original.) The duty is for an attorney to "use such skill, prudence, and diligence as members of his or her profession commonly possess and ex...

Excerpt: ... the interpretation and scope of this Arbitration Provision and the arbitrability of the claim or dispute) which arises out of or relates to [the] condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) [to] be resolved by neutral binding arbitration". (Ibid.) Although Defendant Nissan North America, Inc. was not a signatory to this ag...

Excerpt: ... its joint agent TRI Commercial Real Estate Services lnc and other persons and entities with whom DMP has communicated with during the course of the transaction which is the subject of this action." This response does not consist of a statement that Defendant will comply with the document request, a representation that Defendant lacks the ability to comply with the document request, or an objection to the document request. (Code Civ. Proc. S 2031...

Excerpt: ...omplaint alleges that GOMEZ refused to expunge a lis pendens on SHARMA's real property (the "Property") despite a July 14, 2022 court order and that GOMEZ has converted SHARMA's property. The court has received opposition to the ant-SLAPP motion but has not received opposition to the demurrer. GOMEZ's Standing. The court disregards GOMEZ's arguments as to SHARMA's first cause of action, alleging professional negligence against Defendants ALI ARI ...

Excerpt: ...eath due to Defendant's understaffing of its care facility. 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 good faith attempt at an informal resolution of each issue presented by the motion" to compel. Plaintiffs' cou...

Excerpt: ...ployment and Housing Act (the "FEHA"). Legal Standard. "The function of a demurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint is sufficient if it alleges ultimate rather than evidentiary facts, but the plaintiff must set forth the essential facts of his or her case "with reasonable precision and with particularity sufficient to acquaint [t...