Excerpt: ... they were reasonably necessary to the conduct of the litigation and reasonable in amount. (Goglin v. BMW of N. Am., LLC (2016) 4 Cal.App.5th 462, 470; Robertson v. Fleetwood Travel Trailers of Cal., Inc. (2006) 144 Cal.App.4th 785, 817.) Plaintiff has not met this burden with respect to any fees incurred following the settlement offer for $34,000 made on or about January 3, 2017. (Decl. of Mikhov, ¶ 14.) Plaintiff has not demonstrated that it w...

Excerpt: ... notice of the deposition of the PMK at SAGAR, INC., which are almost identical, are somewhat overbroad, and not all of the topics and requests are reasonably calculated to lead to the discovery of admissible evidence. According to the report of CMS dated March 24, 2017, CMS found several deficiencies at the La Mariposa Care and Rehabilitation Center at that time. (Declaration of Hooshie Broomand, Exhibit C). However, not all of these Page 2 of 3...

Excerpt: ...laim for equitable indemnity in the cross‐complaint. The motion for summary judgment is denied on this ground. The motion for summary judgment and the motion for summary adjudication, filed in the alternative, are also denied because there is an issue of material fact as to whether the Property Management Agreement, and specifically, the indemnity provision contained in paragraph 4B of the Agreement, apply in this case. The evidence submitted b...

Excerpt: ...fficient claim and is supported by a sufficient prima facie showing of facts to sustain a favorable judgment if evidence submitted by Plaintiff is credited. (Wilson v. Parker, Covert & Chidester (2002) 28 Cal.4th 811, 821.) Plaintiff has established that Defendant made false statements in a public forum indicating that Plaintiff was fired from his position as principal at Vaca Pena Middle School for sexual harassment. To prevail, Plaintiff must e...

Excerpt: ...was threatened with revocation of its conditional use permit (“CUP”) by a member of city staff, and that a revocation hearing was scheduled, but fails to allege that a revocation hearing was actually conducted or any action actually taken by the City to revoke Plaintiff's CUP. The scheduling of a revocation hearing without further action by the City does not constitute a taking by Defendant and does not support a cause of action for inverse c...

Excerpt: ...excluded from the administrative record, or that could not have been produced in the exercise of reasonable diligence, by the party now attempting to rely upon it. With respect to the email from Mayor Patterson dated March 26, 2017, no explanation is provided as to why this item was not produced at the hearing on March 28, 2017 or “rehearing” on January 16, 2018, given it was in the possession of petitioner's counsel and petitioner had moved ...

Excerpt: ... Permanente The court grants, in part, the motion to compel plaintiff to sign an authorization for release of her medical records, or alternatively, compliance with the subpoena for medical records to Kaiser Permanente. Plaintiff is to sign the authorization form that was submitted as Exhibit D to the declaration of attorney Ryan McGuire filed by defendants on February 28, 2019. This authorization limits production of the documents to six years, ...

Excerpt: ...xhibits A and B of the pleading. (TAC, ¶ 8.) Nothing in the offer limited Defendant's ability to terminate Plaintiff nor purported to establish that Plaintiff could only be terminated for good cause. (TAC, Exh. A.) In fact, the employment application expressly indicated that the employment would be “at will”. (TAC, Exh. B, p. 4.) Consequently, Plaintiff has not and cannot establish that Defendant breached any term or promise articulated in t...

Excerpt: ...try, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status”. Civil Code §51(b). Page 3 of 6 Civil Code §51(e)(1) defines “disability” as “any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.” Civil Code §51(e)(3) defines “medical condition” as having “the same meaning as defined i...

Excerpt: ...d the act negligent.” (Taylor v. Oakland Scavenger Co. (1938) 12 Cal.2d 310, 316.) Plaintiff has adequately alleged that Defendant failed to exercise reasonable care in the processing and review of his loan modification application. (FAC, ¶ 30.) Plaintiff has sufficiently alleged that he qualified for a loan modification and that he would have been provided a loan modification had Defendant “properly processed / assessed his application.” ...

Excerpt: ...previously filed with a court in order to provide those copies to his appointed attorney. However, Saldana fails to identify a statute, regulation or policy which mandates that CDCR make copies of documents in the personal possession of an indigent inmate at CDCR expense when that inmate is represented by counsel. Petitioner's opposition does not identify in what manner, if any, Petitioner can amend the petition to cure this defect. The demurrer ...

Excerpt: ....App.4th 481, 492 [nearby hotel had no duty to warn pedestrians of foreseeable harm from dangerous location of public road crosswalk installed by Cal Trans]; Selger v. Steven Brothers, Inc. (1990) 222 Cal.App.3d 1585, 1589‐ 1593 [owner or occupant of land abutting a public sidewalk owes no duty as to defects in the sidewalk not created by the owner or occupant, so abutting business owner not liable for slip and fall caused by dog poop on public...

Excerpt: ...cy interest, 2) a reasonable expectation of privacy by the plaintiff under the circumstances, and 3) a serious invasion of the privacy interest. (Hill v. Nat'l Collegiate Athletic Ass'n (1994) 7 Cal.4th 1, 39‐40; Strawn v. Morris, Polich & Purdy, LLP (2019) 30 Cal.App.5th 1087, 1098.) All that is alleged against Defendant is that it carried out the nonjudicial foreclosure of Plaintiffs' home. There was no serious invasion of any legally protect...

Excerpt: ...es, such as … unconscionability, may be applied to invalidate arbitration agreements without contravening” the FAA. (Doctor's Associates, supra, 517 U.S. at p. 687; accord, Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 114 [99 Cal. Rptr. 2d 745, 6 P.3d 669] (Armendariz).)) Unconscionability consists of both procedural and substantive elements. The procedural element addresses the circumstances of contract ...

Excerpt: ...plaint. In addition, a number of the proposed amendments are contrary to the court's ruling on the defendants' demurrer to the original complaint (such as naming Gary Circle, LLC, as a defendant) or fail to allege sufficient facts to state a cause of action (such as the cause of action for fraud). The purpose of amending a pleading it to add essential facts to a claim already alleged or to add entirely new claims distinct from the claims already ...

Excerpt: ...tity liability is for an injury caused by the dangerous condition of public property. Government Code §835. Thus, absent a statute prescribing a particular immunity, a public entity can be held liable if it created the dangerous condition, or had actual notice of a dangerous condition that it could have fixed or warned about. Government Code §831.4 prescribes immunity to public entities from an injury caused by an unpaved road, trail, path or s...

Excerpt: ...s or businesses. California Practice Guide (Hogoboom & King), Family Law, §§20:20 through 20:27. Plaintiff's 1st amended complaint alleged agreements, “orally and/or implied by contract”, to (1) share equally all of the property accumulated by the parties, including the real property [1st cause of action]; and (2) upon separation, to provide adequate means of support sufficient to provide for the reasonable living expenses of a party unable...

Excerpt: ...efendants. To the extent that Meyer Corporation asserts that it is a third party and not subject to the order compelling discovery matters to be resolved by the discovery referee, Meyer Corporation must establish an Page 3 of 9 agreement by Defendants to accept electronic service. Accordingly, the motion is denied without prejudice. Motion for Reconsideration Defendants' motion for reconsideration of this Court's order denying Defendants' prior m...

Excerpt: ...nowledging he had not made any efforts since his attorney was relieved on September 28, 2018. During the hearing, Mr. Clemons indicated he was not opposed to the dismissal of Defendant Daniel Tuning. Based upon the counsel's representation of an oral settlement agreement to dismiss Mr. Tuning, all material terms of which have been performed by Mr. Tuning, circumstantial evidence which supports such agreement, and Mr. Clemons' verbal agreement to ...

Excerpt: ...ta County [Contra Costa County Case RSC16‐0264]. This action was also dismissed, in August 2016, as “Plaintiff already had a hearing on same issues in Solano County”. In November 2016, Plaintiff in propria persona (“pro per”) filed a new unlimited jurisdiction action against Defendant, as Case No. FCS048007, again based upon the same claim of legal malpractice. Back in 2017, the court sustained a demurrer to the operative complaint, in ...

Excerpt: ...service on the State Bar of California at its San Francisco office (CRC rule 9.40(c)(1)), and for failure to pay the $50.00 fee to the State Bar (CRC rule 9.40(e)). Further, it appears that the applicants are intending to make repeated appearances in two (2) other California actions. 2) C.C.P. §387 authorizes a non‐party to an action to file seek to intervene. However, any such request, by way of noticed motion or ex parte application, must in...

Excerpt: ...aintiffs conclude that Defendants breached the representation agreement by failing to “market and attempt to sell [the business] with the requisite skill, care, and diligence”, but fail to allege any facts supporting this conclusion. (Complaint, ¶ 34.) Conspicuously absent from the complaint are any factual allegations concerning what Defendants did or failed to do to market and attempt to sell the business and how Defendants' conduct fell b...

Excerpt: ...s to act pursuant to this section.” (Civ. Code § 2934a(d).) “‘Conclusive evidence' cannot be contradicted by any evidence to the contrary.” (Ram v. OneWest Bank (2015) 234 Cal.App.4th 1, 16.) Plaintiffs cannot state a cause of action for violation of Civil Code section 2923.5(a)(2). Plaintiffs admit that they had filed a prior action against Defendant Ocwen claiming that Ocwen had breached a Trial Payment Plan by failing to offer a perma...

Excerpt: ...C. to Provide Further Responses to Amended Requests for Admissions, Set One, and for Sanctions TENTATIVE RULING When a party upon whom written discovery is propounded serves responses raising objections which are too general or without merit, instead of providing substantive responses, the propounding party may, after informal attempts to resolve the disputes, move to compel further responses. C.C.P. §2030.300(a)(3) [interrogatories]; §2031.310...

Excerpt: ....) Plaintiff has consistently alleged that Defendant Newell took the position that Plaintiff caused the damage to the vehicle after the sale and that her allegations against Defendant are limited “[t]o the extent that this Court determines that Plaintiff did in fact cause the damage on the Vehicle after the purchase”. (Complaint, ¶¶ 30, 102.) Although Plaintiff reordered her allegations to make her claims against Defendant the first and sec...