Excerpt: ...) With regard to the issue of valuation as it pertains to the amount of the undertaking required by Code Civ. Proc. §515.010 et seq., the Court is inclined to find that Defendant possesses no interest in the property; therefore, no undertaking is required of Plaintiff herein. (Code Civ. Proc. §515.010(b).) However, Defendants shall be required to file an undertaking in the amount of $188,668.74 as a redelivery bond. (Code Civ. Proc. §515.020.)...

Excerpt: ...sistent with the State's goal of benefitting the public through enforcement of its labor laws. Specifically, the motion lacks a discussion of the reasonableness of the proposed settlement as compared to the maximum potential liability on the part of Defendant herein. In fact, it appears that the motion fails to identify the maximum penalties for the various Labor Code violations alleged in the First Amended Complaint, each of which may arguably g...

Excerpt: ...President during the relevant time. However, Plaintiff has failed to make any case that Dr. Herr bears such responsibility. There is no genuine issue of material fact regarding Dr. Herr's lack of liability for Plaintiff's claims, and summary judgment is therefore appropriate. Defendant Natalyn Bergman, on the other hand, testified via declaration that she saw Defendant only once to discuss one of his medications, and that this was her “one and ...

Excerpt: ...of Defendant's request, he has failed to demonstrate why such materials could not have been submitted previously with the exercise of reasonable diligence. Therefore, the renewed motion is denied. Lastly, the Court declines to exercise its equitable powers to issue a different ruling on the underlying motion, as it finds that the materials submitted herein are not persuasive in establishing extrinsic fraud or mistake in connection with the proof ...

Excerpt: ...orp. (2004) 34 Cal.4 th 979. The Robinson Helicopter courtdid not rule that a fraud cause of action is barred against the manufacturer of a product that causes economic injury, and such is not California law. (See, e.g., Harris v. Atlantic Richfield Co. (1993) 14 Cal.App.4 th 70, 78 (“when one party commits a fraud during the contract formation or performance, the injured party may recover in contract and tort”).) Plaintiff is also correct in...

Excerpt: ... to Code Civ. Proc. §364. Therefore, the demurrer to the First Cause of Action is OVERRULED. With regard to the Second Cause of Action, the Court finds it to be uncertain. (Code Civ. Proc. §430.10(f). To the extent that the Second Cause of Action restates Plaintiff Shabo's claim for wrongful death as a claim for “Loss of Consortium,” it involves the same primary right as that asserted in connection with the First Cause of Action and is, the...

Excerpt: ...e anything to do with Wiley Chandler for fear that he will sue. Second, Foster complains of invasions of its own privacy and that of its directors and stockholders. Third, Foster questions the relevance of the documents sought. Finally, Foster argues that the subpoena is governed by Evidence Code section 1560, and thus that sanctions are not available to CEMG. First, Mr. Chandler waived any objection he might have to Foster's production of docume...

Excerpt: ... arbitrators if the method selected by the parties fails (Code Civ. Proc., § 1281.6); grant a provisional remedy, “but only upon the ground that the award to which an applicant may be entitled may be rendered ineffectual without provisional relief” (Code Civ. Proc., § 1281.8, subd. (b)); and confirm, correct, or vacate the arbitration award (Code Civ. Proc., § 1285). Absent an agreement to withdraw the controversy from arbitration, however...

Excerpt: ...be time-barred. However, the Court must grant leave to amend if the plaintiff demonstrates a reasonable possibility that the defect might be cured. (Fox v. Ethicon Endo-Surgery (2005) 35 Cal.4 th 797, 810.) Here, Plaintiff's opposition has demonstrated a reasonable possibility that he may be able to state facts justifying the application of the tolling provisions of Code Civ. Proc. §352.1 and/or the delayed discovery rule to his claims in this m...

Excerpt: ... Civ. Proc. §437c(p)(2).) The Court notes that Plaintiff's response lacks admissible evidence, as it consists primarily of what purports to be testimony that is not in the form of a declaration. (Code Civ. Proc. §2015.5.) Moreover, the Court notes that Plaintiff failed to submit a response to Defendant's Separate Statement of Undisputed Facts, as is required by Code Civ. Proc. §437c and Cal. Rules of Ct., rule 3.1350. While this failure alone ...

Excerpt: ...ctors that this Court take jurisdiction of the winding up of corporate affairs. Therefore, pursuant to section 1904 of the Corporations Code, this Court hereby takes jurisdiction over the voluntary winding up of the corporation's affairs. Pursuant to Code of Civil Procedure section 565, this Court will appoint a receiver to manage and complete the winding up of the corporation's affairs. By no later than March 3, 2020, the parties shall submit to...

Excerpt: ... of the stated causes of action. The Code dictates that a motion for summary adjudication may only be granted if the issue in dispute completely disposes of an entire cause of action, affirmative defense, a claim for damages or an issue of duty. As the Court reads the motion and separate statement, Defendants set forth multiple separate issues related to the element of duty as well as additional separate issues related to the elements of breach a...

Excerpt: ...causes of action for negligence, fraud, breach of the implied covenant of good faith and fair dealing, breach of the Business and Professions Code and to quiet title, and she is entitled to attempt to do so. In addition, Plaintiff's third cause of action, for an accounting, fails to set forth any relationship between her and Defendants that would give rise to an entitlement to that relief, but, again, she may be able to do so. Plaintiff is theref...

Excerpt: ...only remaining cause of action at issue. Specifically, Plaintiff admits that Defendant granted all of her requests for accommodation during her employment. (UMF11-13; Plaintiff's Additional UMF 47, 54.) The additional facts argued by Plaintiff with regard to the allegedly pretextual reasons for her discharge are irrelevant to a claim under Gov. Code §12940(m). (Jensen v. Wells Fargo Bank (2000) 85 Cal.App.4 th 245.) Plaintiff's Objections to Def...

Excerpt: ...te causes of action for negligence, fraud, breach of the implied covenant of good faith and fair dealing, breach of the Business and Professions Code and to quiet title, and she is entitled to attempt to do so. In addition, Plaintiff's third cause of action, for an accounting, fails to set forth any relationship between her and Defendants that would give rise to an entitlement to that relief, but, again, she may be able to do so. Plaintiff is the...

Excerpt: ...y imposed by an administrative agency is a matter vested in the discretion of the agency and its decision may not be disturbed unless there has been a manifest abuse of discretion.” (Landau v Superior Court (1998) 81 Cal.App.4 th 191, 217.) Furthermore, “In reviewing the exercise of this discretion we bear in mind the principle ‘[c]ourts should let administrative boards and officers work out their problems with as little judicial interferen...

Excerpt: ...e that claim due to its failure to seek injunctive or other extraordinary relief as required by Gov't. Code §3309.5(d)(1). Moreover, it is Plaintiff's burden to establish how the pleading may be properly amended, and the Court finds that Plaintiff has failed to meet that burden in this context. Specifically, Plaintiff fails to provide any authority establishing that he is entitled to assert a claim for extraordinary relief, i.e. by way of petiti...

Excerpt: ...ting 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 proposed settleme...

Excerpt: ...sponse did not comply with Code Civ. Proc. §2031.240 et seq. Moreover, the items appear to be reasonably related to the subject matter of the suit herein and the proper subject of discovery. Finally, Plaintiff has the burden of demonstrating why the existing protective order is inadequate to address its expressed privacy and confidentiality concerns and has failed to make any showing in that regard. Therefore, Plaintiff shall provide a further v...

Excerpt: ...ent, as detailed in the Demurrer. Defendant also properly points out that the Complaint is uncertain and ambiguous, in that Plaintiffs' Complaint purports to allege causes of action under the FEHA, but the Right to Sue Notice they attached to their Complaint came from the Equal Employment Opportunity Commission. This suggests that Plaintiffs failed to exhaust their administrative remedies. The Self-Help Center offers free help to people who are r...

Excerpt: ...as was the cause of action) was “incidental” to the primary claims set forth in their petition. See Regalado v. Regalado (1961) 198 Cal.App.2d 549. The primary purpose of Petitioners' claims was not partition – thus there is no basis for apportionment of their attorney's fees under Code of Civil Procedure Section 874.010 et seq. Additionally, Petitioners seek to impose costs of proof under Code of Civil Procedure section 2033.420 on the bas...

Excerpt: ...ller for the relevant time period. Based on the supplemental declaration of counsel submitted in connection with this matter, the Court now makes the following ruling with regard to the fees and costs sought herein: As previously noted, Defendant does not dispute the moving party's entitlement to post-stipulation fees under the above-referenced statutes, but contests the reasonableness of the hours claimed. The successful party is normally entitl...

Excerpt: ...ails to allege that Defendants knew or should have known that the driver to whom the vehicle was entrusted was incompetent to drive. (Jen-Weld, Inc. v. Superior Court (2005) 131 Cal.App.4 th 853, 864.) Moreover, the Complaint fails to plead any acts or omissions which Plaintiff claims to have constituted Defendants' alleged negligence. (Berkley v. Dowds (2007) 152 Cal.App.4 th 518, 527; Guilliams v. Hollywood Hospital (1941) 18 Cal.2d 97, 101.) ...

Excerpt: ...ion, to the subject discovery within 30 days of service of notice of entry of the order. Plaintiff's request for monetary sanctions is denied. A pro per litigant is not entitled to recover reasonable attorney's fees in connection with a motion to compel discovery. (Kravitz v. Superior Court (Milner) (2001) 91 Cal.App.4 th 1015.) While expenses actually incurred in connection with the failure to respond to discovery may be recoverable, Plaintiff h...

Excerpt: ...in this motion with additional time and effort expended in good faith. The Court's assessment in this regard is based on the fact that both parties appear to demonstrate a willingness to compromise to some degree in order to reach an acceptable resolution of the issues presented. Therefore, the hearing is continued for this purpose and counsel are instructed to continue to meet and confer in good faith. If such efforts prove unsuccessful at resol...