Excerpt: ...s asserted against Nakidi in this lawsuit and that Plaintiff has not made a sufficient showing that Nakidi waived the right to arbitrate the agreement or that "there is a possibility of conflicting rulings on a common issue of law or fact" if the court orders arbitration of the claims against Nakidi but not the claims against Defendant Teamsoft Technologies, LLC ("Teamsoft") in this action. (See C.C.P. § 1281.2; 9 U.S.C. § 2.) A. Existence and ...

Excerpt: ... return her personal property in accordance with Civil Code sections 1965, 1980 through 1991, C.C.P. §§ 715.010 through 715.030 and 1174, and/or the various notices set forth as Exhibits A, B-1, B-2, C and D to the supplemental opposition filed on August 8, 2019. As currently pleaded, the cause of action is deficient, including because it alleges facts that contradict those in Plaintiff's prior pleadings, in the exhibits to the SAC, and in the ...

Excerpt: ...cation as to each of the First through Eighth Causes of Action therein. Because summary judgment may be granted only if Defendants are entitled to judgment as to each and every cause of action (see C.C.P. § 437c(c)), the court proceeds by addressing the motion for summary adjudication as to each such cause of action. A. First Cause of Action The motion for summary adjudication as to the First Cause of Action is GRANTED. This cause of action alle...

Excerpt: ...fendants caused harm to Plaintiffs through their willful failure to remedy the aforementioned defective conditions," and the other allegations in paragraphs 101 through 105, are conclusory and insufficient to support punitive damages if intended to apply to FPI along with the other defendants. Plaintiffs have not included specific factual allegations as to conduct by agents or employees of FPI, as distinguished from those of the other defendants,...

Excerpt: ...g by specifying the acts or omissions of a representative of FPI (as distinguished from the various other defendants) that forms the basis of the cause of action and not simply referring to acts or omissions of "defendants" in the aggregate. (See, e.g., Falahati v. Kondo (2005) 127 Cal.App.4th 823, 829; Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 763.) A cause of action for violation of Business & Professions Code section 17200...

Excerpt: ...int is not the proper court"; and (2) C.C.P. § 397(c), which authorizes a change of venue "[w]hen the convenience of witnesses and the ends of justice would be promoted by the change." The court determines that UC has met its burden as to both alternate grounds and that Plaintiff has not introduced evidence or authority to the contrary. First, though Alameda County is the place of UC's principal office, this in itself does not make it a proper v...

Excerpt: ...ter shall be specified in the notice of motion, or in the supporting points and authorities, except as the court may otherwise permit." (C.C.P. § 437(b).) The instant motion is not accompanied by a request for judicial notice. Instead, it is based on matters set forth in a Declaration of Philip E. Yeager, Defendant's counsel. A "defendant cannot base a motion to strike the complaint on affidavits or declarations containing extrinsic evidence.......

Excerpt: ...uction of documents, against defendant and/or cross-complainants Pathos Management Group, LLC, Nicholas Eftimiou, John Eftimiou and Anna Eftimiou" ("Cross-Complainants"). (Notice of Motion, p. 2.) Though the notice of motion does not specify the particular requests for production ("RPDs") to which Movants seek responsive documents, the memorandum addresses RPD No. 24 to Nicholas, RPD No. 21 to John and Anna, and RPD Nos. 1- 13, 15-18, 20-23, 29, ...

Excerpt: ...t [Dhaliwal] Law Group" (Complaint, ¶ 11), and a director or officer of a corporation does not incur personal liability for torts of the corporation "merely by reason of their official position, unless they participate in the wrong or authorize or direct that it be done." (Memo., p. 4, citing 3 Witkin, Sum. of Cal. Law (7th ed. 1960) § 48(c), and Frances T. v. Village Green Owners Assn. (1986) 42 Cal.3d 490, 505.) As established in the cited au...

Excerpt: ...ponse, without objections, stating he conducted a diligent search and made reasonable inquiries but he "never had the requested documents" (cell phone records from April 25, 2015). Plaintiff asserts Rodriguez has a duty to obtain them, even if they are not in his possession, by asking his wireless carrier, Verizon, for them. Rodriguez asserts the "meet and confer" efforts as to RPD, Set 3, No. 1 were deficient, as Plaintiff failed to address the ...

Excerpt: ...at: the defendant breached its duty to exercise ordinary care and that the breach was a substantial factor in bringing about the plaintiff's harm. (Id.) "The cases require that an owner must have actual or constructive notice of the dangerous condition before incurring liability." (Id., at p. 1203.) "The plaintiff has the burden to prove the owner had actual or constructive notice of the defect in sufficient time to correct it." (Id.) Here, the s...

Excerpt: ...cember 31, 2018." (Decl. of Ray T. Rockwell, Exh. A, ¶ 3.) The written Agreement states that "[i]t is the intention of the Parties to settle and dispose of, fully and completely," the claims and disputes reflected in the instant lawsuit or arising from the operative facts alleged herein. (Id., ¶ 2.4.) The Agreement contains the parties' mutual releases of claims against each other arising from such facts, except as to the rights or claims creat...

Excerpt: ...ce at Deposition. In that ruling, the court noted that it "finds the parties' discussiono f the merits of the case and the statements and conduct at mediation irrelevant, distracting and disconcerting. The court is also disturbed by the unprofessional tone in some of the communications between couinsel that preceded the motion as well as counsel's inabilitly to work together to achieve a compromise of their positions so as to avoid the need for a...

Excerpt: ... Inc. ("Genentech"), on May 17, 2019; and (2) Deposition Subpoena for Production of Business Records served on the Custodian of Records for Wells Fargo Bank, N.A. ("WFB"), on May 16, 2019. (Decl. of Allyssa Villanueva, Exhs. C and D.) Those subpoenas seek: "Any and all documents and records, and all writings, including, but not limited to, employment, payroll and applications for employment, work absence and incident reports, personnel records, p...

Excerpt: ...erved a valid objection under C.C.P. Section 2025.410. (See C.C.P. § 2025.450(a); Defendants' Exhibit Index In Support of Motion to Compel, Exhibit D.) Although Defendants served a document captioned "Plaintiff Macy's West Stores, Inc.'s Objection to Notice of Taking Deposition of Plaintiff Macy's West Stores, Inc." on May 22, 2019 (id., Exh. G), the objections stated therein are not valid objections under section 2025.410. In particular, the pr...

Excerpt: ...More specifically, the complaint in this action includes three causes of action against Katya. The First Cause of Action, for motor vehicle negligence, alleges that Vadim operated the motor vehicle that caused injuries to Plaintiff and that Vadim and Katya owned the motor vehicle which was operated with their permission. The Second Cause of Action, for general negligence, is asserted against both Vadim and Katya but alleges only that Vadim was ne...

Excerpt: ...opposition to the demurrer filed by Defendant Teslights Corporation ("TES"), that opposition did not address the instant demurrer and was not served on counsel for AOD. In addition to its being unopposed, the demurrer demonstrates that the FAC fails to plead a sufficient cause of action against AOD for negligence, including factual allegations (and not just conclusions) supporting the required elements that AOD owed Plaintiff a legal duty to use ...

Excerpt: ...discussed in the accompanying memorandum, the request is expressly based on Code of Civil Procedure section 664.6. Section 664.6 states in relevant part as follows: "If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement...." The purpor...

Excerpt: ...e not filed any opposition to refute any of CSAA's arguments about the deficiencies in the complaint. Further, the demurrer makes a sufficient showing that the causes of action in the complaint are deficient as a matter of law. Among other things, the demurrer makes a sufficient showing that both causes of action in the complaint are time-barred. The First Cause of Action for breach of contract alleges that the parties entered a written agreement...

Excerpt: ...nt showing of the probable validity of Plaintiff's claim to possession of the 2014 Harley Davidson vehicle described therein. Plaintiff has also established that Defendant has no equity in the vehicle, such that no undertaking is required. (See C.C.P. § 512.060(a)(2).) Defendant's undertaking to prevent repossession of the vehicle is set in the amount of $13,225.00 as requested. (See C.C.P. § 515.010(b).) Plaintiff has established that there is...

Excerpt: ...The requests for exemplary damages, as well as the allegations to the effect that Defendants' actions were "malicious, fraudulent, and oppressive," are conclusory and deficient as currently pleaded. Though Plaintiff incorporates all allegations in paragraphs 1 to 41, the allegations therein describe conduct by Defendants that, as a general matter, was negligent or in violation of habitability requirements. (See, e.g., Complaint, ¶ 35 ["Defendant...

Excerpt: ...sponses to the Requests for Admission, Set One ("RFAs"), served on Plaintiff (while she represented herself) on March 11, 2019. Nevertheless, on April 19, 2019, Plaintiff substituted counsel Dolores Victor as her attorney of record, and on May 8, 2019, Plaintiff served Defendant with verified responses to the RFAs, without objections. The court has reviewed those responses and determines that they are "in substantial compliance with [C.C.P.] Sect...

Excerpt: ...e), WITH LEAVE TO AMEND to allege facts sufficient to constitute a cause of action against one or both Defendants for intentional infliction of emotional distress, including specifying the "(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causati...

Excerpt: ...fenses to the five existing causes of action in the SAC, including pleading "ultimate facts" (not just legal conclusions) supporting such affirmative defenses and "refer[ring] to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished." (C.C.P. § 431.30(g); see also FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384 [affirmative defenses should be "averred as carefully an...

Excerpt: ...er 13, 2018. The First Cause of Action (breach of contract) alleges that WFB and Defendant entered into a written contract attached as Exhibit 1 to the complaint - i.e. a Consumer Credit Card Customer Agreement & Disclosure Statement - that required Defendant to make timely payments for the moneys advanced by WFB, and that Defendant breached the agreement by failing to pay as agreed, causing damage in the amount of $10,935.35, plus attorney's fee...