Excerpt: ...allenge based on Defendants' purported lack of standing, the Court finds that the non - signatory defendants herein have standing to assert the arbitration provisions based on the doctrine of equitable estoppel. (See, e.g., Gonzales v. Nowhere Beverly Hills LLC (2024) 107 Cal.App.5 th 111.) Moreover the Court finds insufficient evidence to support a conclusion that Defendants' delay in bringing the instant motion amounts to a waiver of the right ...

Excerpt: ...le estoppel. (See, e.g., Gonzales v. Nowhere Beverly Hills LLC (2024) 107 Cal.App.5 th 111.) Moreover the Court finds insufficient evidence to support a conclusion that Defendants' delay in bringing the instant motion amounts to a waiver of the right to assert the arbitration agreement herein. However, as to Plaintiff's challenges based on unconscionability, the Court finds that the agreement contains multiple elements of procedural unconscionabi...

Excerpt: ... her car for repairs under the subject warranty. Therefore, Plaintiff is equitably estopped from claiming the benefits of that agreement while simultaneously attempting to avoid the burdens it imposes. With regard to Plaintiff's claims of unconscionability , the Court finds several elements of procedural unconscionability are present in the agreement within the warranty documents. However, the Court finds no indication of substantive unconscionab...

Excerpt: ...time records, that the bulk of the hours claimed were reasonably incurred and substantially contributed to the ultimate successful result. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132; Horsford v. Board of Trustees of Calif. State University (2005) 132 Cal.App.4th 359, 394.) However, based on the evidence submitted by Defendant in opposition and on the Court's own review of the time entries submitted by Plaintiffs' counsel, as well as the Court...

Excerpt: ... Action for Rescission. Therefore, the demurrer fails in its entirety, since the existence of any viable cause of action defeats a demurrer directed against an entire pleading (See, e.g. Warren v. Atchison, T. & S. F. Ry. Co. (1971) 19 Cal.App.3d 24, 29; Weil & Brown, Civil Procedure Before Trial (TRG 2025) § 7:104 et seq.) Further, the Court notes that the demurrer and supporting papers violate Cal. Rules of Court, rules 3.113(f) and 3.1320(a)....

Excerpt: ...ion, to July 9, 2025 at 8:30 a.m. in Department 23. a) The Court finds that the parties' meet -and -confer efforts prior to Plaintiff's filing of the instant motion were insufficient. Moreover, while the right to precertification discovery is generally recognized in the case law, the Court has concerns relative to the viability of Plaintiff's claims against Gold Leaf herein, in view of the discovery obtained to date which establishes the lack of ...

Excerpt: ... leave to amend a) The Court finds the allegations of the Complaint sufficient to support the 3 rd and 4th Causes of Action, for Violation of the UCL – Unfair Business Practices and Violation of the UCL -Fraudulent Business Practices, respectively. Therefore, the demurrer is OVERRULED as to claims. With regard to the 1 st Cause of Action for Violation of the CLRA, the Court finds the CLRA inapplicable to the facts as alleged in this action. (Se...

Excerpt: ...dant has carried its initial burden of producing evidence supporting adjudication in its favor on the ground that Plaintiff did not have a reasonable basis for his belief that he was reporting a violation of the law. The burden then shifts to Plaintiff to submit admissible evidence demonstrating the existence of material factual disputes preventing adjudication in Defendant's favor. Plaintiff has failed to carry his burden in this regard. Therefo...

Excerpt: ...on of the Song -Beverly Consumer Warranty Act. Claims based on the “unlawful” prong of the UCL “borrow” violations of other laws and make those unlawful practices separately actionable through the UCL. ( Klein v. Chevron U.S.A., Inc. (2012) 202 Cal.App.4th 1342, 1383.) In light of this conclusion, the Court finds it unnecessary to rule on the defense's arguments with regard to sufficiency of Plaintiff's other allegations supporting the UC...

Excerpt: ...roof of service at the time of the hearing. Assuming proper service and notice can be shown, the Court is inclined to GRANT the motion. It appears that proper notice to the settlement class has been given in compliance with the law and as required by the Court's order granting preliminary approval on 1 -2-25. Having considered the unopposed motion herein and the supporting declarations and evidence, the Court finds that the settlement was entered...

Excerpt: ... the general legal principle that circumstances such as those described by Plaintiffs may constitute grounds for such relief. Nevertheless, Defendant accurately points out that Plaintiffs have failed to submit corroborating evidence demonstrating that the failure to file the action within the 2 -year limitations period prescribed by Code Civ. Proc. sect. 335.1 resulted from the court clerk's rejection of the timely -submitted Complaint after the ...

Excerpt: ...is v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4 th 1018, 1023.) Moreover, based upon review of the moving and supporting papers, the Court finds that Plaintiffs have failed to allege sufficient facts to state a legally recognized claim against these Defendants. While the Court recognizes that the Plaintiffs have finally submitted the written documents upon which their claims are purportedly based, the Court also notes that Plaintiffs have simul...

Excerpt: ...nctions – GRANTED, and unopposed. a) The Court finds that Defendant has entirely failed to respond to the subject discovery and all objections have been waived. (Code Civ. Proc. § 2030.290(a).) Therefore, Plaintiff is entitled to an order compelling Defendant to provide verified responses, without objection, to Plaintiff's Form Interrogatories within 14 days. (Code Civ. Proc. § 2030.290(b).) The Court further finds that Plaintiff is entitled ...

Excerpt: ...t notes that Defendant claims various privileges regarding the requested documents but fails to provide sufficient factual information for the Plaintiff (or the Court) to ascertain the basis of such claims. (Code Civ. Proc. sect. 2031.240(c).) Therefore, Plaintiff is entitled to receive verified further responses which comply with the Code's requirements, including production of a privilege log. However, the Court agrees with Defendant's assertio...

Excerpt: ...ting declaration of Ms. Stoffels fails to comply with the provisions of Code Civ. Proc. sect. 2015.5 and is inadmissible herein. Additionally, the declaration of Mr. Pollan purports to rely on multiple documents that are not presently before the Court in connection with this motion. Although an expert may properly rely on hearsay in forming his opinion, he may not relate the out -of -court statements of another as independent proof of the subject...

Excerpt: ... issues involved in the action. (Nelson v. Anderson (1999) 72 Cal.App.4 th 111, 131; Oak Grove School Dist. V. City Title Ins. Co. (1963) 217 Cal.App.2d 678, 698.) The Court further finds that Defendant has offered adequate substantiation as to certain of the challenged costs but has failed to offer adequate substantiation as to other challenged costs. The Court acts within its discretion in determining whether costs are excessive and should be r...

Excerpt: ... to service of the sanctions motion on defense counsel on 10 -15 -24, the Court cannot confirm (1) whether notice of the assigned hearing date was provided at that time (Code Civ. Proc. §§ 128.5(f)(1)(B), 128.7(c)(1); see, e.g. Galleria Plus, Inc. v. Hanmi Bank (2009) 179 Cal.App.4th 535, 538, 101) ; or (2) whether the versions of the motions that were filed with the Court on 11 -12 -24 are identical to the motions that were initially served on...

Excerpt: ...Egmond & Heitlinger a Professional Law Corporation – Motion to Quash DENIED ; Motion for Protective Order GRANTED . It appears to the Court that the parties are essentially in agreement that the scope of the records produced in connection with the subject subpoenas should be limited to those reflecting conditions involving the body parts identified by Plaintiff in this action. In addition, the defense has expressed willingness to limit the time...

Excerpt: ... ) Plaintiff's Motion to Compel Responses to Plaintiff's Special Interrogatories, Set One; Request for Sanctions in the Amount of $1,110.00 Against Defendant Estate of Domingo Hinojosa - DENIED, as MOOT; d) Plaintiff's Motion to Compel Responses to Plaintiff's Demand for Production of Documents and Things; Request for Sanctions in the Amount of $1,110.00 Against Defendant Estate of Domingo Hinojosa - DENIED, as MOOT. a) Defendant Estate of Doming...

Excerpt: ...pears not to match the version of the papers served on Plaintiff. Additionally, Defendant's opposing separate statement is defective and fails to comply with the requirements of Cal. Rules of Ct., Rule 3.350(f). As to the substance of the motion, the Court finds that Plaintiff, as the moving party, has met the burden of producing evidence demonstrating entitlement to judgment in its favor on both causes of action set forth in the Complaint. (See,...

Excerpt: ...nt's Motion to Compel Responses from Plaintiff, Rodney Meyers, to Request for Production of Documents and for Monetary Sanctions against Plaintiff, Rodney Meyers, for Misuse of the Discovery Process – HEARING REQUIRED ; d) Defendant's Motion to Compel Further Responses from Plaintiff, Rodney Meyers, to Requests for Admission and for Monetary Sanctions against Plaintiff , Rodney Meyers, for Misuse of the Discovery Process – HEARING REQUIRED. a...

Excerpt: ...all objections have been waived. (Code Civ. Proc. § 2030.290(a).) Therefore, Plaintiff is entitled to an order compelling Defendant to provide verified responses, without objection, to Plaintiff's Form Interrogatories – General, Set One, within 5 days. (Code Civ. Proc. § 2030.290(b).) The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connection with this motion. (Code Civ. Proc. § 2030.290(c), 2023.010 e...

Excerpt: ...onstrating the existence of material factual dispute preventing judgment in Plaintiff's favor. Defendants have failed to meet their burden in that regard as to both claims at issue. Specifically, the Court finds that the Stipulation entered into between the parties at mediation constitutes a binding contract which is admissible herein based on the express intent of the parties to make it so pursuant to Evid. Code § 1123. Defendants' failure to c...

Excerpt: ... witness(es) pursuant to the notice. Therefore, Plaintiff is entitled to an order compelling the appearance of Defendant's Person(s) Most Knowledgeable at the location chosen by Plaintiffs within the statutory mileage limitations. (Code Civ. Proc. §§2025.250, 2025.450(a).) Counsel shall meet and confer to select a mutually agreeable date to complete the deposition, which should occur no later than February 14, 2025. With regard to specific issu...

Excerpt: ...e stricken. The Court finds that Plaintiff, as the moving party, has met the burden of producing evidence demonstrating entitlement to judgment in its favor on both causes of action set forth in the Complaint. (See, e.g. the supporting declarations of Paige Mistretta and Luther A. Hopps.) The burden then shifts to Defendant to produce admissible evidence demonstrating a material factual dispute preventing judgment in Plaintiff's favor. Defendant ...