Excerpt: ...bson v. Raychem Corp. (1999) 73 Cal.App.4th 614, 625; CRC 317(d).) In a demand for production of documents, "the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) [a] statement of compliance with the demand is incomplete[;] (2) [a] representation of inability to comply is inadequate, incomplete, or evasive[;] [and/or] (3) [a]n objection in the response...

Excerpt: ...nt dispute lies within the scope of the agreement to arbitrate. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 960.) Plaintiff Henkes acknowledges that he entered into the 2/12/17 Employee Transfer Agreement. (Henkes Dec., par 2.) The agreement he entered into with Tesla has an arbitration clause. The arbitration clause covers "any and all disputes, claims, or causes of action, in law or equity, arising from or relating to [Henkes's] emp...

Excerpt: ...ments that make the title void or voidable and that are not deducible from the record, such as a grantor's incapacity to contract, fraud in procuring a transfer, forgery, or lack of delivery. (12 Witkin, Summary of California Law, section 338 p.390 (11th Ed. 2017.) In order to claim the benefit of the recording laws, the claimant must be a bona fide purchaser or mortgagee, or a judgment creditor without notice, and the burden of proving bona fide...

Excerpt: ... v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court m...

Excerpt: ...ue to the late delivery of portions of premises has already been ruled on by the Court in its order overruling 2050 Williams Street's demurrer to the First Amended Complaint, which addressed the interpretation of section 8.7 and 8.8 of the lease agreement addressing insurance and indemnity obligations. Cross-Defendant argues that section 8.7 and 8.8 do not apply to the present lawsuit because that portion of the lease only relates to damages and ...

Excerpt: ...bson v. Raychem Corp. (1999) 73 Cal.App.4th 614, 625; CRC 317(d).) In a demand for production of documents, "the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) [a] statement of compliance with the demand is incomplete[;] (2) [a] representation of inability to comply is inadequate, incomplete, or evasive[;] [and/or] (3) [a]n objection in the response...

Excerpt: ...4th 1253, 1255.) In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive damages statute, Civil Code section 3294. (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory elements include allegations that the defendant has been guilty of oppression, fraud or malice. (Civ.Code, § 3294, subd. (a).) "Malice" is defined as conduct "intended by...

Excerpt: ... v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court m...

Excerpt: ...nzino v. Washington Outpatient Surgery Center, LLC (RG20067286) is decided. The Court also has discretion to stay a case in its entirety in the interest of justice. (CCP §§ 128(a), 187; Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 758 ["The case management tools available to trial courts [includes] the inherent authority to stay an action when appropriate"]; Bailey v. Fosca Oil Co., (1963) 216 Cal.App.2d 813,...

Excerpt: ... LAW "[T]he court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders." (CCP § 1987.1(a).) "In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the righ...

Excerpt: ...erned about the untimeliness of the papers filed in opposition to the motion, the Court exercises its discretion to consider the late-filed papers. (See Hobson v. Raychem Corp. (1999) 73 Cal.App.4th 614, 625).) STANDARD OF LAW "[T]he court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, includi...

Excerpt: ...ndant Loh. The declarations provided Peter Catalanotti and Michael Shepherd and Jessica M. Takano show hours billed at a "reasonable rate" but do not reflect the amounts actually billed to the client/insurer. PREVAILING PARTY In an action to enforce a contract authorizing an award of fees and costs to one party, the party "prevailing on the contract" is entitled to reasonable fees. (Civ. Code § 1717.) Here, the language of the lease agreement th...

Excerpt: ...d Demo's request for attorney's fees, not on the grounds that the fees incurred were unreasonable, but that Defendants were not entitled to fees related to Plaintiff's appeal of the anti- SLAPP motion. First, Plaintiff appears to argue that because the Court of Appeal did not specifically mention in their order that Defendants were entitled to fees and therefore the recovery of fees are precluded. Based on the case law, this is not an accurate re...

Excerpt: ...ows: The motion is DENIED. Legal Standard for Summary Adjudication "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, o...

Excerpt: ...he sufficiency of the complaint, i.e., whether it states facts sufficient to constitute a cause of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, r...

Excerpt: ...�§473.5, 473(b), (d).) Accordingly, the entry of default entered on June 19, 2020 against Defendants Biotree HealthCare Partners Limited, Biotree Harmony Limited, Hao Zhou is hereby SET ASIDE. Defendants shall file their proposed answer and cross-complaint in the form attached as Exhibit 1 to the Declaration of Bing Zang Ryan in support of Defendants' Reply. The answer and cross-complaint shall be filed by February 19, 2021 and served forthwith....

Excerpt: ...ed an extremely lengthy separate statement identifying 80 undisputed material facts in support of its motion for summary adjudication for two causes of action. After reviewing the "material facts" the court finds that the majority of the material facts are not in fact "material facts" but rather facts that are irrelevant. Given the number of facts, the court is unable to easily determine the material facts, as is the purpose of the separate state...

Excerpt: ...d to a judgment as a matter of law. (Code Civ. Proc. § 437c, subd. (c).) A defendant moving for summary judgment must show either that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc. § 437c, subd. (p)(2).) Once defendant makes this showing, the burden shifts to plaintiff to show the existence of a triable issue of fact regarding the cause of ...

Excerpt: ...tion upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dis...

Excerpt: ... the Adult Protective Services is part. The court did not receive an opposition on behalf of the Long Term Care Ombudsman of the County of Alameda but the interests and law appear to be applicable to both entities. Given that the motion was brought as one motion as to both subpoenas, the court will consider the two subpoenas together. Second, Welfare & Institutions Code section 9275 deems the investigation materials as confidential. (Ombudsman Se...

Excerpt: ... at the rate charged by the parties. Additionally, Defendant, specifically counsel Peter Catalanotti and Michael Shepherd, are to provide a declaration providing a summary of the fees that are attributable only to Defendant Loh (as opposed to split or apportioned fully to Loh even though work was performed on behalf of both Wellington Properties and Loh, such as for depositions or court appearances) at the various hourly rates at the different fi...

Excerpt: ...es related to Plaintiff's appeal of the anti- SLAPP motion. First, Plaintiff appears to argue that because the Court of Appeal did not specifically mention in their order that Defendants were entitled to fees and therefore the recovery of fees are precluded. Based on the case law, this is not an accurate reading of the law. (C.C.P. § 425.16(c); Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131 [ "[A]ny SLAPP defendant who brings a successful motion ...

Excerpt: ... of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference." (CCP § 36(d).) "Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference." (CCP § 36(e).) MOTION FOR PREFERENCE Plaintiff...

Excerpt: ... to substitute Loranie Francis, a personal representative for the Estate of Mary Virgis Thomason given the death of Ms. Thomason. (See Lazar v Estate of Lazar (1962) 208 Cal.App.2d 554, 561.) The court on its own motion take judicial notice of the orders and determination of Ms. Francis as the executor and personal representative for Mary Virgis Thomason in probate action: The Estate of Mary Virgis Thomason, Alameda County Superior Court Case No....

Excerpt: ...o Code of Civil Procedure (C.C.P.) section 425.16 involves two steps. In the first step, the defendant has the burden to demonstrate that the challenged claims against defendant arise "from any act of that person in furtherance of the person's right of petition or free speech ... in connection with a public issue." (C.C.P. § 425.16(b)(1).) Such protected acts are further defined in section 425.16(e). "If the defendant makes the required showing,...