Excerpt: ...s on defen dants' demurrer, as follows: Defendants' demurrer to the first cause of action for battery is OVERRULED. (Code Civ. Proc., § 430.10, subds. (e).) The Court finds that plaintiff Terry Chaffin has stated facts sufficient to constitute this cause of action. (So v. Shin (2013) 212 Cal.App.4th 652, 669; Ashcraft v. King (1991) 228 Cal.App.3d 604, 613 [in an action for civil battery the element of intent is satisfied if the evidence show...

Excerpt: ...ssue of the Court's failure to rule on it has been waived. Nonetheless, the Court finds that at the time plaintiff filed said request for judicial notice, plaintiff did not provide the adverse party with sufficient notice of the request and DENIES the req uest on this ground. (Evid. Code, § 453, subd. (a); see Smith v. Hatch (1969) 271 Cal.App.2d 39, 49.) The Court declines to rule on plaintiff's evidentiary objections as they were not timely ...

Excerpt: ...meowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 262 [stating that “a trial court has broad discretion to accept or reject late -filed papers”].) Defendants Dominic Mario Greco and Pineapple Xpress Corporation dba Bold Real Estate's ( collectively, “Broker Defendants”) motion to compel arbitration and for an order staying the proceedings is GRANTED. (Code Civ. Proc., §§ 1281, 1281.2.) In determining whether to grant a motion to c...

Excerpt: ...ound that the original complaint was not brought by a guardian ad litem on behalf of Jill Doe is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) The FAC, which supersedes the original complaint filed on October 4, 2023, was brought by Jill Doe's guardian ad litem on Jill Doe's behalf. (See Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1054; FAC, p. 1; see Order re guardian ad litem entered Oct. 5, ...

Excerpt: ... (Se e Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 262 [stating that “a trial court has broad discretion to accept or reject late -filed papers.”].) The Court declines to rule on defendants' evidentiary objections to Mr. Krause's declaration and the request for judicial notice because the Court is not considering these documents. Defendants' special motion to strike is GRANTED. (Code Civ. Proc., § 425...

Excerpt: ...akes judicial notice of Exhibits 1 -9 and 12- 20, the Court declines to take judicial notice of the remaining exhibits because these documents are irrelevant to the Court's determination of the motion. (Malek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825 [“Any matter to be judicially noticed must be relevant to a material issue.”]; Evid. Code, § 452, subd. (d).) Defendant/cross -complainant Thomas Rutaganira's (“defendant”...

Excerpt: ...Gov. Code, § 11513, subds. (c), (d); Evid. Code, §§ 1220, 1280; Gananian v. Zolin (1995) 33 Cal.App.4th 634, 639 [the object of the hearsay rule exception pursuant to section 1280 is to eliminate the calling of each witness involved in the preparation of the re cord and substitute the record of the transaction instead]; see Lake, supra, 6 Cal.4th at pp. 455 – 456, 461 – 462; see also McDonald v. Gutierrez (2004) 32 Cal.4th 150, 155, 158 �...

Excerpt: ...) 220 Cal.App.4th 534, 541; Westra v. Marcus & Millichap Real Estate Investment Brokerage Co., Inc. (2005) 129 Cal.App.4th 759, 763 [“[g]enerally speaking, one must be a party to an arbitration agreement to be bound by it or invoke it”].) Defendant is not a party to either the retail installment sale contract (“Sales Contract”) or the arbitration provision contained within the Sales Contract that was entered into between plaintiff Jared Y...

Excerpt: ...at this settlement is so far “out of the ballpark” in relation to the Tech - Bilt factors “as to be inconsistent with the equitable objectives of the statute.” (Tech- Bilt, Inc. v. Woodward -Clyde & Associates (1985) 38 Cal.3d 488, 499 -500 [“Tech -Bilt”]; Cod e Civ. Proc., § 877.6, subd. (d) [“The party asserting the lack of good faith shall have the burden of proof on that issue.”].) First, while McGuire has settled for a small...

Excerpt: ...nent as to these MFE s. (See defendant's separate statement ISO opposition, pp. 1, 4, 6, 7, 11 [filed April 24, 2024].) • As to MFE nos. 3, 6, 8- 16, 19-21, and 25- 16, plaintiff's motion is GRANTED. (Code Civ. Proc., §§ 2025.450, 2025.480.) Defendant has failed to sufficient ly justify why these topics are best addressed by an expert witness, rather than by a PMK. (Code Civ. Proc., § 2025.230.) • As to MFE nos. 22 -24, plaintiff's motion...

Excerpt: ...ine s. Despite being untimely, the Court will consider plaintiffs' opposition. (Cal. Rules of Court, rule 3.1300(d); Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 262 [stating that “a trial court has broad discretion to accept or reject late-filed papers.”].) Defendants/cross -complainants Roxanna Argumedo, Stirling Djifroudi, and Lily Djifroudi's (collectively “defendants”) filed an amended correct...

Excerpt: ...Dist. (1992 ) 2 Cal.4th 962, 967.) The Court finds that plaintiff William Cole has failed to state facts constituting a cause of action for negligence. (See Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917 – 918; see also Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1126.) The Court also finds that these causes of action fail to comply with California Rule of Court, rule 2.112. (See A.J. Fistes Corp. v. GDL Best Contractors, I...

Excerpt: ... to Exhibit 6, because the email message d oes not appear to be attached, and the Court cannot determine if it is the proper subject of judicial notice. (See Evid. Code, § 452; Cal. Rules of Court, rule 3.1306(c).) Defendant/cross -complainant Thomas Rutaganira's (“defendant”) request for judicial notice is GRANTED. (Evid. Code, §§ 452, 453.) Plaintiff's motion for order to show cause re why the court should not hold Thomas F. Rutaganira, ...

Excerpt: ... defendant's separate statement ISO opposition, pp. 1, 4, 6, 7, 11 [filed April 24, 2024].) • As to MFE nos. 3, 6, 8- 16, 19-21, and 25- 16, plaintiff's motion is DENIED. (Code Civ. Proc., §§ 2025.450, 2025.480.) Defendant represents that these topic s are best addressed by an expert witness, and plaintiff has failed to establish these topics must addressed by a PMK deponent. (See, e.g., Code Civ. Proc., § 2025.230.) • As to MFE nos. 22 -...

Excerpt: ...hr ough Its Personal Representative, Maria Cecilia Ruff's (collectively, “plaintiffs”) unopposed joint application for an order to seal references to the settlement amount with plaintiff is GRANTED. (Cal. Rules of Court, rules 2.550, 2.551.) The Court finds that the facts establish: (1) there exists an overriding interest that overcomes the right of public access to the record; (2) the overriding interest supports sealing the record; (3) a s...

Excerpt: ...k Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825 [“Any matter to be judicially noticed must be relevant to a material issue.”]; Evid. Code, § 452, subd. (d).) The Court notes that there is no Exhibit 6 in plaintiff's request for judicial notice. Defendant/cross -complainant Thomas R utaganira's (“defendant”) request for judicial notice is GRANTED. (Evid. Code, §§ 452, 453.) Plaintiff's motion for judgment on the pleadings...

Excerpt: ...egarding failure to exh aust administrative remedies may be considered on demurrer].) Defendants' request for judicial notice [filed on February 26, 2024]. as to document 5 (Exhibit E), is DENIED. (Evid. Code, §§ 452, 453.) The proffered document is not relevant to the Court's d etermination of the demurrer or motion to strike. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6; see Malek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 81...

Excerpt: ... v. Lawndale Elementary School Dist. (2021) 72 Cal.App.5th 113, 131 - 132, 137 -138; FAC, ¶¶ 35- 39.) WCS' demurrer as to the seventh (intentional misrepresentation), eighth (concealment), ninth (promise without intention of performing), and tenth (negligent misrepresentation) causes of action are OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) WCS has not shown that the FAC fails to state facts sufficient to constitute these causes of acti...

Excerpt: ...Cal.4th 415, 422 [a precondition to the taking of judicial notice in either its mandatory or permissive form must be relevant to a material issue].) The Court rules on defendant's demurrer to plaintiff Steven Bennett's first amended complaint (“FAC ” ) as follows: The demurrer to plaintiff's fourth cause of action [fraud] is OVERRULED. (Code Civ. Proc., 431.10, subd. (e).) The Court fi nds that plaintiff has pled facts suff icient to state ...

Excerpt: ...DENIED . (Code Civ. Proc., § 1094.5; see Lake v. Reed (1997) 6 Cal.4th 448, 456 – 457.) The Court finds as follows: 1. Respondent California Department of Motor Vehicles did not abuse its discretion in admitting Exhibits 1 and 2 at the hearing. (Veh. Code, § 135 57, subd. (a); Gov. Code, § 11513, subds. (c), (d); Evid. Code, §§ 1220, 1280; Gananian v. Zolin (1995) 33 Cal.App.4th 634, 639 [the object of the hearsay rule exception pursuant ...

Excerpt: ...§ 452, 453.) The proffered documents are not relevant to the Court's determination of this motion. (Rowland, supra, 4 Cal.4th at p. 268, fn. 6; see Malek, supra, 58 Cal.App.5th at p. 825; Lockyer, supra, 24 Cal.4th at p. 422.) The Court rules upon cross -defendants Ronal d and Linda Chuang's (“the Chuangs”) request for judicial notice as follows: • The Court GRANTS the Chaungs' request as to document 1. (Code. Civ. Proc., § 425.16, subd. ...

Excerpt: ... Omidv ar (collectively, “cross -defendants”) filed an untimely reply. (Code Civ. Proc., § 1005, subd. (b) [all reply papers must be filed with the court and a copy served on each party at least five court days before the hearing].) Despite being untimely, the C ourt will consider cross-complainants' opposition and cross -defendants' reply. (Cal. Rules of Court, rule 3.1300(d); Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (20...

Excerpt: ... P roc., § 437c, subd. (q).) The Court rules on defendants' motion for summary judgment and summary adjudication as follows: The motion for summary judgment on the ground that plaintiff was not a licensed contractor is DENIED. (Code Civ. Proc., § 437c, subd . (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) The Court finds that defendants have failed to meet their initial burden of showing that plaintiff was required to ...

Excerpt: ...e SAC on th e ground that it fails to state any cause of action against individual defendants Trevor Tauzer, Claire Tauzer, and Mark Tauzer. (Code Civ. Proc., § 430.10; see Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court finds that plaintiffs have failed to all ege facts sufficient to maintain any cause of action against these individual defendants. (Lab. Code, § 558.1; Usher v. White (2021) 64 Cal.App.5th 883, 896 - 897; see Noe v. Supe...

Excerpt: ...quired. (Code Civ. Proc., § 430.41, subd. (a)(3); Broghammer Decl., McNeil Decl., McNeill Decl.) Still, the Court will reach the merits of these parties' demurrers. (Code Civ. Proc., § 430.41, subd. (a)(4).) The Court rules upon the requests for judicial notice as follo ws: • The Court GRANTS Mogavero's request for judicial notice (Evid. Code, §§ 452, subds. (c), (d), 453.) • The Court GRANTS defendant Villara Corporation's (“Villara”...