Excerpt: ...ent. The motion is DENIED. PROCEDURAL MATTERS Defendants' motion, as filed, lacks a memorandum of points and authorities. Every motion must include a memorandum of points and authorities. (Cal. R. Ct. 3.1112(a)(3).) In his opposition, Gu cites an unpublished case, Madick Ins. Servs. V. 3 Mark Fin., Inc. (Cal. Ct. App. March 5, 2014, Case No. B249500) 2014 WL852346. Such cases may not be cited for principles of law. (Cal. R. Ct. 8.1115(a), (b).) T...

Excerpt: ... to Di-(2-ethylhexyl) Phthalate ("DEHP") caused by Rogue Fitness's products in this state; (2) the number of, and severity of, such exposures, such as sales numbers; or (3) the economic effect of the penalty on Rogue fitness, such as revenue or profit figures. Plaintiff is ORDERED to file a supplemental declaration attesting under penalty of perjury that these requirements are met, if it can be so attested. Plaintiff is ORDERED to file this decla...

Excerpt: ...eging the misappropriation of a trade secret . . . , before commencing discovery relating to the trade secret, the party alleging the misappropriation shall identify the trade secret with reasonable particularity . . . ." (CCP § 2019.210.) Discovery motions under this section are "not a procedural device to litigate the ultimate merits of the case-that is, to determine as a matter of law on the basis of evidence presented whether the trade secre...

Excerpt: ...sition testimony clearly identifies documents that are responsive to Plaintiff's requests kept at Defendant's home and on her cellular phone. While Defendant's declaration in support of her opposition claims that all relevant documents have been produced, the court finds that the deposition testimony contradicts Defendant's declaration. To the extent that the declaration contradicts Plaintiff's testimony, the statements are not considered by the ...

Excerpt: ...t or omission of its current or former employee, the public entity may recover from the employee the amount of that payment if the employee acted with "actual fraud, corruption, or actual malice". The Regents contend that they had to pay claims against them asserted by four current or former students (collectively, "the four students") who alleged that they were sexually harassed by the Regents' former employee Wentworth. Wentworth first argues t...

Excerpt: ...motion is GRANTED. The undisputed facts establish that the Regents did engage in the legally required interactive process with Plaintiff after he first discussed the need for potential accommodations in February 2015. (See the Regents' Separate Statement Facts ("SSF") Nos. 21-93, Plaintiff's response, and the evidence cited in support.) Although Plaintiff purports to dispute many of those SSF, he does not cite any evidence demonstrating that he r...

Excerpt: ...ose . . . sanctions against anyone engaging in conduct that is a misuse of the discovery process[.]" (CCP § 2023.030.) "Misuses of the discovery process include, but are not limited to . . . [d]isobeying a court order to provide discovery." (CCP § 2023.010(g).) "[I]f a party fails to obey an order compelling further response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a...

Excerpt: ...non-compete agreements with its former employees who either have interest in joining or who have joined Veeva Systems, a competitor based in Pleasanton, California. According to the Corrected Second Amended Complaint, Medidata is a Delaware corporation based in New York. Plaintiff does not allege that the subject non-disclosure agreements and non- compete agreements are prohibited by New York statutory or case law. The Court observes that Plainti...

Excerpt: ...eclines to dismiss Plaintiff's First Cause of Action for failure to plead facts sufficient to show timely compliance with Civil Code § 8412(a) (lien must be recorded within 90 days after completion of the work of improvement). The Court should not dismiss a claim at the pleading stage unless the defendant is able to show "clearly and affirmatively" that the claim is untimely based on the allegations in the complaint. See Committee for Green Foot...

Excerpt: ... several times that such a motion is improper. Plaintiff claims that his attorneys reasonably billed the sum of $94,243.75 to litigate this action from filing on October 21, 2016 through August 2018, when the case settled at the commencement of trial. Plaintiff argues that the Court should apply a 0.5 multiplier on the lodestar amount in recognition of the unequivocal success of her case and to give plaintiffs' attorneys incentive to accept conti...

Excerpt: ...rike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike." (CCP § 472.) "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendm...

Excerpt: ...tiff's motion cannot be granted for several reasons, both substantive and procedural. Initially, Plaintiff is not clear regarding the statutory basis for its motion. In its notice of motion, Plaintiff cites a discovery statute, but this is not a discovery motion. Plaintiff also cites Code of Civil Procedure section 128.5, but Plaintiff has not followed the predicate procedural steps necessary to bring such a motion. Plaintiff also string-cites ov...

Excerpt: ...ction 25249.7, in that: (A) the standards required by the CJ complies with Health and Safety Code sections 25249.6 and 25249.10(c); (B) the warning required by the CJ is clear and reasonable in compliance with Health and Safety Code section 25249.6; (C) the reimbursement for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; (D) the civil penalty of $16,035.89 to be paid pursuant to the CJ is r...

Excerpt: ...5249.6 and 25249.10(c); (B) the warning required by the CJ is clear and reasonable in compliance with Health & Safety Code section 25249.6; (C) the reimbursement for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; (D) the civil penalty of $100,000.00 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b); and (E) and the allocat...

Excerpt: ...n for reporting unlawful/unfair business practices which are specified in her complaint and were addressed at length in two days of her deposition and in her written responses to discovery." (Plaintiff's Exh. K.) To the extent necessary, Defendants must provide further responses in good faith using this definition of the word "INCIDENT." In regards to Form Interrogatory No. 12.2, Defendants must clearly, completely, and succinctly provide to Plai...

Excerpt: ... the state court located in Oakland County, Michigan or the U.S. District Court for the Eastern District, Southern Division of Michigan. RGIS seeks to either dismiss this action or stay it pending resolution of this dispute in a court specified in the Agreement's forum selection clause. A forum selection clause is presumed valid and will be enforced unless the plaintiff shows that enforcement of the clause would be unreasonable under the circumst...

Excerpt: ...the address identified in defendant's notice of Change of Address. No opposition has been filed. As a preliminary matter, Defendant's request for judicial notice of the Complaint filed in HG17859160 (Exh.1), the Special Motion to Strike filed in that case (Exh.2), the 8/16/17 Order granting the motion (Exh.3), and the 12/21/17 Judgment in defendant Carmax's favor and awarding $2,835 in attorney's fees and costs (Exh.4), is GRANTED. (Evid.C.§452....

Excerpt: ...ions, (FAC, ¶¶ 56, 78). "The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436; see also CCP § 435.) "In order to survive a motion to ...

Excerpt: ...n Defendant Jett and Plaintiffs Marlon Smith and Crystal Kelley ("Plaintiffs") was not made in "good faith" within the meaning of Code of Civil Procedure section 877.6. A party asserting that a settlement agreement was not made in good faith within the meaning of section 877.6 bears the burden of proof on that issue. (See C.C.P. § 877.6(d); Tech-Bilt, Inc. v. Woodward-Clyde & Assocs. (1985) 38 Cal.3d 488, 499.) The challenging party must demonst...

Excerpt: ... arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) the right to compel arbitration has been waived by the petitioner; or (b) grounds exist for the revocation of the agreement." (CCP § 1281.2; see also CCP § 1281.7; 9 USC �...

Excerpt: ...al. 4th 541, 558-559 [discussing indemnity].) On April 11, 2018, this Court confirmed that Safeway had several options in meeting its indemnity obligations, one of which was waiting until a later date to reimburse Kimco its attorney fees and costs. As to Kimco, Safeway, and their dispute with Plaintiff, the litigation has now largely concluded, as both Safeway and Kimco have either been granted judgment in their favor or settled with Plaintiff, o...

Excerpt: ...ading are deemed to be true, however improbable they may be." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Courts "give the complaint a reasonable interpretation, reading it as a whole and its parts in their context." (Goncharov v. Uber Techs., Inc. (2018) 19 Cal.App.5th 1157, 1165.) Here, Defendants Theodore Pendleton and All County Bay Area Property Management have demurred to three of Plaintiff Antoinette Bre...

Excerpt: ..., Plaintiff attached a copy of the lease agreement between the predecessor, Emile Carles, of Alhambra, California and Zen Springs, Inc. to the First Amended Complaint. Plaintiff asserts that Defendants engaged in conduct equivalent to elder abuse by negotiating thoroughly one-sided terms that no reasonable landlord would give. Plaintiff also asserts in the Fifth Cause of Action that Defendants subsequently persuaded Ms. Carles to enlarge the base...

Excerpt: ...h action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate[.]") STANDARD OF LAW "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreem...

Excerpt: ...o purchase certain bathroom fixtures and Lowe's agreed to deliver and install them. (Compl., ¶¶1-10.) CSAA alleges the damage was caused when Lowe's subcontractors, Yoon and CCI Construction, negligently installed a valve, resulting in a substantial leak. (Id., ¶15- 20.) CSAA alleges causes of action for breach of contract, breach of express warranty, negligence and equitable subrogation against Lowe's. (Id., ¶¶28-41, 46- 47.) CSAA claims th...