Excerpt: ...ity that it will prevail on its claims against Defendant Justin Briggs for, inter alia, misappropriation, conversion, and intentional interference with prospective economic relations. Specifically, SP's evidence establishes that SP was incorporated by its President and CEO Craig Miller on September 13, 2013. (See the Declaration of Adrian Driscoll, Exhibit B.) Briggs was an employee and Vice President of Business Development for SP. (See Miller's...

Excerpt: ..., N.A. v. Superior Court of San Diego County (2019) 2019 WL 4309684 at *4; Tanguilig v. Bloomingdale's, Inc. (2016) 5 Cal.App.5th 665, 671.) A person asserting a claim on behalf of the LWDA under PAGA must obtain court approval for any settlement. Labor Code 2699(l)(2) states: "The superior court shall review and approve any settlement of any civil action filed pursuant to this part. ?The proposed settlement shall be submitted to the agency at th...

Excerpt: ... 144, 160.) As the Complaint is presently pled, Plaintiff fails to allege any facts suggesting that the incident giving rise to this case was anything more than the negligent operation of a motor vehicle. The demurrer to the Third Cause of Action for Negligent Infliction of Emotional Distress is SUSTAINED, WITHOUT LEAVE TO AMEND. Negligent infliction of emotional distress is not an independent tort, but rather is the tort of negligence. (See Zava...

Excerpt: ...by the District on September 7, 2017, effective July 10, 2017, but that she had a statutory right to preference over new applicants to be rehired to her former position. Plaintiff alleges that between 2017 and April 15, 2019, the District hired several new employees as administrative assistants rather than hiring Plaintiff for one of those positions. (See First Amended Complaint, paragraphs 15-19.) On May 4, 2021, the Court sustained the District...

Excerpt: ... 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. Dist. (1992) 2 Cal.4th 962, 966-...

Excerpt: ...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, and treats the demurrer as admitting all material facts properly...

Excerpt: ...ond Cause of Action for Battery is OVERRULED. Plaintiffs' allegations, if true, adequately support a claim for battery. Although Plaintiffs did not allege a claim for battery until their Third Amended Complaint filed February 19, 2021 (more than two years after decedent's death), Plaintiff alleges they did not discover Sutter's alleged wrongful conduct until after this lawsuit was filed (on December 6, 2019) and they reviewed decedent's medical r...

Excerpt: ...from its original hearing date of August 26, 2021 so that it would be heard after Defendants' motion to vacate the defaults entered against Jimin and William Corporation, Ji Min Chen, and Wendy Lai Wah Hui, which motion was granted on September 16, 2021. But in continuing the hearing on this application, the Court did not grant Defendants leave to file a second, "supplemental" opposition to this application. Plaintiff's claim against Defendants i...

Excerpt: ... divided their community assets and liabilities in the pending dissolution case. The Court hereby continues the hearing to October 7, 2021 for the submission of a proposed order by counsel. Counsel must submit a revised Complaint In Intervention with the proposed order. Counsel need not file the supplemental papers. She may simply lodge copies in Department 518 as long as she provides copies to opposing counsel. The Court cannot permit counsel to...

Excerpt: ...2021. Further, Plaintiff fails to properly explain why she reasonably needs to designate 13 additional treating physicians of Pembrook as expert witnesses. Attempting to designate so many additional new non-retained expert witnesses this close to the current 11/12/2021 is unreasonable in that defendant Di Mail Hong ("Defendant") cannot reasonably be expected to serve each of these 13 non-retained experts with deposition subpoenas and conduct thei...

Excerpt: ...THIS TENTATIVE RULING, NO LATER than 4:00 PM on Tuesday, September 28, 2021, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. ANY REQUESTED HEARING will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a hearing is requested, the Court will advise the parties of the manner in which the hearing will be conducted in advance o...

Excerpt: ...aintiffs oppose. This matter first came for hearing on September 14, 2021. Plaintiffs argued that the Court should overrule the demurrer to the FAC's causes of action one through four and seven and eight. Defendants argued that the demurrer to the FAC's ninth and tenth should be sustained without leave to amend and the demurrer to the FAC's eleventh causes of action should be sustained. The Court considered those arguments and the authorities cit...

Excerpt: ...de 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, reading it as a whole and its parts in their context and treats the demurrer as admitting all material facts properly pleaded. [Citation.]" (B...

Excerpt: ...rike certain allegations regarding prior proceedings against former parties to this lawsuit and allegations regarding the basis for venue in this county. Barker opposes both the demurrer and motion to strike. LEGAL STANDARDS The standard for construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also ...

Excerpt: ...s and Other Things at Time of Deposition to the Person(s) Most Knowledgeable from Defendant Target Corporation. The PMQ deposition was scheduled to take place on April 13, 2021. On April 7, 2021, Defendant served its objections to the deposition notice. The parties met and conferred, and in this process, counsel for Target stated it would not proceed with further discovery served by plaintiff until plaintiff serves verified answers to discovery a...

Excerpt: ...omplaint filed 8/26/21 alleges claims for (1) sexual assault/battery and for intentional infliction of emotional distress against nurses Fulgar R.N. and Jose, R.N. based on allegations that Fulgar touched Plaintiff's vagina under the pretense of taping her catheter. FIRST CAUSE OF ACTION - SEXUAL ASSAULT / BATTERY CACI 1300 and 1301 set out the elements of assault and of battery. The court disregards the references to the Penal Code and to federa...

Excerpt: ...int alleging various related breaches of contract by Tai Hua and Wu Ning in their business dealings with Cross-Complainants. Defendants ESUN (USA) Inc., BLUSA, Inc. and Shaanxi Sunrise USA have all had their defaults entered. LBYUSA, Inc. ("LBYUSA") is a suspended California corporation and its pleadings have been stricken. On January 17, 2021, Tai Hua propounded special interrogatories and inspection demands related to Tai Hua's contention that ...

Excerpt: ...spute lies within the scope of the agreement to arbitrate. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 960; see 9 U.S.C. § 4 ["If the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the trial thereof."].) If the party seeking arbitration makes a prima facie evidentiary showing of an agreement to arbitrate, "the trial court 'sits as a trier o...

Excerpt: ...uses of action dismissed after a successful demurrer, or contains statements or allegations "not drawn in conformity with the laws of this state, a court rule, or an order of the court." (Code of Civil Procedure section 436, sub. (b).) Additionally, several of the allegations are either irrelevant or improper. (Code of Civil Procedure section 436, sub. (a).) In reviewing the Third Amended Complaint, the court finds that Plaintiff has repeatedly d...

Excerpt: ...fferent arbitration provision, but they do not present any evidence of that. Nor do Plaintiffs describe what was "different" about the purported arbitration provision in the "Lease Agreement" or identify any contradictions between the two arbitration provisions. In any event, it is unclear why Plaintiffs' alleged agreement to arbitrate their claims against Tesla in two separate agreements would be a defense to enforcement of either or both of the...

Excerpt: ...able issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "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 the party contends that the cause of action has no merit, that there is no affirmative defense to the cause ...

Excerpt: ... False Representation and Fourth Cause of Action for Intentional Tort and also on the FAC's claim for punitive damages. The Court elects to treat URI's Motion for Summary Judgment as a Motion for Summary Adjudication ("MSA") for the reasons stated hereinbelow. The Court GRANTS this portion of the Summary Adjudication Motion as unopposed by Plaintiff. The Court GRANTS URI's MSA on the FAC's False Representation and Intentional Tort Causes of Actio...

Excerpt: ... of her proposed claim of punitive damages against Defendant Goldman. Plaintiff argues that she has a legal basis for the claim based on Defendant Goldman's testimony that he was aware of problems with the brakes of his vehicle prior to the accident. Plaintiff argues that the California Supreme Court held decades ago that a party injured in a motor vehicle accident can assert a claim for punitive damages based on the defendant's willful disregard...

Excerpt: ...d and Defendants were represented by Joshua Brysk and Laurie Yoon. Plaintiffs' current counsel formally substituted into the case on July 26, 2021. Defendants' new counsel made their initial appearance on August 5, 2021. The ten (10) notices of pendency of action were recorded in late July 2021. Defendant Phangureh's motion to expunge lis pendens is granted because Plaintiffs have not asserted a real property claim against him in their Complaint....

Excerpt: ...able about the law, he has an affirmative obligation to conduct legal research if he intends to represent himself. In this case, Plaintiff argues that Defendants committed perjury during the course of pretrial discovery. Plaintiff contends that the Court should award him $150,000 because he was able to document 15 instances of perjury. If Defendants have committed a crime, then perhaps Plaintiff should give notice of their actions to the police o...