Excerpt: ...ent. This statute provides a summary procedure for enforcing a settlement agreement without the need for a new lawsuit. (Critzer v. Enos (2010) 187 Cal.App.4th 1242, 1252.) A settlement agreement to which parties stipulate orally before the court has established its terms on the record and is not vulnerable to conflicting interpretations; thus judgment may be entered on those terms. (Skulnick v. Roberts Express, Inc. (1994) 2 Cal.App.4th 884, 889...

Excerpt: ...1). C.C.P. §425.16(e)(2) defines “act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue” to include “any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law”. C.C.P. §425.16(e)(2) can encompass sta...

Excerpt: ...efore, “the correct course” is to dismiss the action. (Viking River Cruises v. Moriana, supra, at p.1925). In the present case, the individual PAGA claims of the representative plaintiffs, HORMIGAS and CASTRO, have been referred to arbitration pursuant to an arbitration agreement that they each signed. Therefore, HORMIGAS and CASTRO no longer have standing to maintain this representative action. In their opposition, plaintiffs make several co...

Excerpt: ...sers who might make an offer on the property. The court also intends to modify the provision requiring Defendant Stewart to “continue to make payments on the mortgage of the Property pending its sale” after she has vacated the property. Given the referee's averment that Defendant Stewart “is completely unwilling to cooperate” with the partition process, it does not appear prudent to rely solely on Defendant to continue to make these payme...

Excerpt: ...the same as that imposed on manufacturers. (Civ. Code § 1795.5.) If the sale of the used good is accompanied by an express warranty, the implied warranties of merchantability and fitness are coextensive in duration with the express warranty, but in no cases less than 30 days or more than three months. (Civ. Code § 1795.5(c).) While an express warranty cannot be breached by a latent defect discovered after the express warranty period has expired...

Excerpt: ...olicy. He does not provide any information as to how that policy applies to any of the defendants in this case. More importantly, defense counsel's attempt to discontinue his representation of defendant JOSE GOMEZ by omitting him in an amended answer is unethical. After assuming a duty to represent JOSE GOMEZ, defense counsel must act responsibly in discontinuing such representation. If defense counsel does not want to represent JOSE GOMEZ in thi...

Excerpt: ...pending. (Reese v. Select Portfolio Servicing (2010) 2020 Cal.App.Unpub.LEXIS 5906, pp. 11-12.) However, Plaintiff now alleges that Defendant denied the application in a letter dated November 11, 2016, that Plaintiff promptly appealed this decision, and that Defendant denied the appeal on December 3, 2016. (SAC, ¶¶ 27-28.) Defendant thereafter recorded a subsequent notice of trustee's sale on May 31, 2018. (Id. at ¶ 31.) The trustee's deed aft...

Excerpt: ....P. §425.16(e) defines “act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue” to include the following: (1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law; (2) any written or oral statement or writing made in connection with an issue under ...

Excerpt: ...e essential elements of a cause of action for breach of contract are: 1) a contract, 2) plaintiff's performance, 3) defendant's breach, and 4) damages. (Oasis W. Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821; Poseidon Dev., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1112.) Plaintiff has adequately alleged that the parties entered into an agreement for Plaintiff to obtain a 25% ownership interest in Defendant Nanay, includ...

Excerpt: ... his interest in a mobile home (the “Home”) to AXTELL. 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 must allege facts sufficient to establish every element of each cause of action. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43.) A complaint is sufficient if it al...

Excerpt: ...idence that she is 75 years old, and has or has had a number of medical conditions. However, she has not established that any of them are life threatening at this time or are so debilitating that she will not be able to participate in this litigation if trial is not held in the next six months. The court notes that plaintiff has failed to treat this matter with urgency by waiting until almost two years after the alleged incident occurred to file ...

Excerpt: ... to the sales contract. Nor was FCA US LLC an “employee, agent, successor, or assign” of the dealer. Further, FCA US LLC may not enforce the arbitration clause under the doctrine of equitable estoppel or as a third party beneficiary. In contending that the arbitration clause applies to FCA US LLC under the doctrine of equitable estoppel, defendant primarily relies on Felisilda v. FCA US, LLC (2020) 53 Cal.App.5th 486. However, in that case, t...

Excerpt: ...021, plaintiff's counsel sent a notice for defendant's deposition to take place on April 6, 2021, more than a month before the date set for plaintiff's deposition. A litigation battle ensued, with neither side conceding. Depositions were repeatedly set and canceled. Other issues arose. A delay in prosecution was the ultimate result. Page 2 of 5 The lawsuit is now 26 months old and neither the deposition of the plaintiff nor the deposition of the ...

Excerpt: ...s. Any insufficiency in these supplemental responses must be raised by a new motion Page 5 of 5 accompanied by a meet and confer declaration demonstrating a “reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc. § 2016.040.) To meet this meet and confer requirement, counsel must engage in a “serious effort at negotiation and informal resolution” that amounts to a sufficient �...

Excerpt: ...ocedure sections 1281.97 and 1281.98 provide that where a party responsible under an arbitration agreement for payment of arbitration fees fails to pay required fees within thirty days of the fees' due date that party waives its right to compel the other party to continue with arbitration. The waiver of that right affords the other party certain privileges, most relevantly the ability to withdraw from arbitration and proceed in state court and th...

Excerpt: ..., or assign” of the dealer. Further, FCA US LLC may not enforce the arbitration clause under the doctrine of equitable estoppel or as a third party beneficiary. In contending that the arbitration clause applies to FCA US LLC under the doctrine of equitable estoppel, defendant primarily relies on Felisilda v. FCA US, LLC (2020) 53 Cal.App.5th 486. However, in that case, the dealer, who was a signatory to the sales contract, had been named as a d...

Excerpt: ...r from either Plaintiff's motion or Michelle Lim's declaration, or from Defendant's opposition or Sat Sang Khalsa's declaration that there was ever an actual agreement to stay discovery. Lim did not submit any emails or letters between the attorneys, although she referred to them in her declaration. Khalsa submitted some emails. Neither party submitted any emails or letters relating to or responding to the February 15, 2022 email from Lim to Khal...

Excerpt: ...tentional, willful, or fraudulent are insufficient. (Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872; G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) “In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by a plaintiff.” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) “[T]he act of operating a motor vehicle while int...

Excerpt: ...ffered injury and death due to Defendant's understaffing of its care facility. Legal Standard on Demurrer. “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 ...

Excerpt: ...the “FEHA”). Timeliness of Opposition; Spacing of Filing Text. Plaintiff's counsel admits that opposition papers were not served on Defendants until January 3, 2023. (Declaration of Shanna McDaniel in Support of Reply to Opposition at ¶ 1, Exhibits A‐B.) The court cautions Plaintiff's counsel to be careful of service deadlines and of the spacing requirements of California Rules of Court Rule 2.108 but uses its discretion to accept Plaintif...

Excerpt: ...rnia v. Superior Court (2018) 29 Cal.App.5th 890,903); Ford Motor Company v. Superior Court (1981) 120 Cal.App.3d 748, 751‐753. However, punitive damages can be recovered in a survivor action, filed by a successor in interest to the deceased person who if alive would have a proper basis for asserting a punitive damages claim. C.C.P. §377.34 authorizes a successor in interest action to recover “the loss or damage that the decedent sustained o...

Excerpt: ...and Production of Documents is DENIED in its entirety. California's Civil Discovery Act of 1986, Code Civ. Proc., § 2016 et seq., requires that, prior to the initiation of a motion to compel, the moving party declare that he or she has made a serious attempt to obtain an informal resolution of each issue. This rule is designed to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order. This,...

Excerpt: ... Civil Code §3496, the statute at issue in that case, for red‐light abatement action]. Recovery of CITY's attorneys fees is governed by a different statute. Health & Safety Code §17980.7(c)(11) and (d)(1). However, neither of those subsections identify a particular method for computation of attorneys fees of the public agency. Thus, under Santa Rosa, the court will award fees not based upon what CITY pays its deputy city attorneys for the tim...

Excerpt: ...and Production of Documents is DENIED in its entirety. California's Civil Discovery Act of 1986, Code Civ. Proc., § 2016 et seq., requires that, prior to the initiation of a motion to compel, the moving party declare that he or she has made a serious attempt to obtain an informal resolution of each issue. This rule is designed to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order. This,...

Excerpt: ...t inducement of a sales contract for a car (the “Vehicle”) that contained a serious latent manufacturing defect (the “Engine Defect”). Legal Standard on Demurrer. “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 ...