Excerpt: ...ion. However, the Court does not consider this paragraph, as it is irrelevant to the disposition of the instant motion. 2 of 3 Plaintiff's motion for judgment on the pleadings is DENIED. (Code Civ. Proc., § 438, subd. (c)(1)(B).) Plaintiff has failed to show that defendant is not “beneficially interested in the controversy,” such that he lacks standing to bring the cross‐complaint. (Boorstein v. CBS Interactive, Inc. (2013) 222 Cal.App.4th...

Excerpt: ...ss he can demonstrate harm above and beyond a broken contractual promise.” (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988.) “Conduct amounting to a breach of contract becomes tortious only when it also violates an independent duty arising from principles of tort law.” (Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 515.) A “[p]laintiff cannot recover economic damages resulting from negli...

Excerpt: ... Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 262 [a trial court has broad discretion to accept or reject late‐filed papers].) Respondent the Regents of the University of California's request for judicial notice is GRANTED. (Evid. Code, §§ 452, subds. (c), (d), 453.) Petitioner's motion for writ of mandate directed to respondent is DENIED. (Code Civ. Proc., § 1085.) The Court finds that respondent has met its burden of proof under the catch...

Excerpt: ...2021. (UMF 1, 9; Civ. Code, §§ 1945, 1946; Renner v. Huntington‐Hawthorne Oil & Gas Co. (1952) 39 Cal.2d 93, 102 [“a month to month…tenancy is deemed renewed each month unless one of the parties gives written notice to the other of his intention to terminate the same…”], quotation marks and citation omitted.) Civil Code section 1946.2(e)(8)(B)(iii) states that “[f]or any tenancy commenced or renewed on or after July 1, 2020, the not...

Excerpt: ...ity.” (Jenks v. DLA Piper Rudnick Gray Cary US LLP (2015) 243 Cal.App.4th 1, 8.) Defendant has established the existence of an arbitration clause in the Residence and Services Agreement (“Agreement”), signed by plaintiff. (Faris decl., ¶¶ 4, 6, Exhibit B, pp. 20‐21.) The Court finds the case of Harris v. University Village Thousand Oaks, CCNC, LLC (2020) 49 Cal. App. 5th 847 distinguishable. The Harris court held that “Civil Code sect...

Excerpt: ...d default judgments, if entered, and quash service of summons is DENIED WITHOUT PREJUDICE. (Code Civ. Proc., §§ 473, 473.5.) The Court finds that defendants have again failed to file with the Court a proposed pleading with the instant motion as required by Code of Civil Procedure sections 473(b) and 473.5(b). The Court also finds that defendants failed to file with the Court an affidavit showing under oath that their lack of actual notice in ti...

Excerpt: ... that a licensed contractor was required to perform the “site work” identified in the contract at issue between plaintiff and defendant Valley Star Partners, LLC. (Bus. & Prof. Code, §§ 7000, 7026, 7028, 7031; FAC, Ex. A, and exhibit C attached thereto.) The Court also finds that based upon the allegations of the FAC, and the exhibits attached thereto, plaintiff sufficiently alleges that at least some of the “site work” for which plaint...

Excerpt: ...claimed damages. (Evid. Code, §§ 912, 980; Seahaus La Jolla Owners Assn. v. Superior Court (2014) 224 Cal.App.4th 754, 767; citing Lipton v. Superior Court (1996) 48 Cal.App.4th 1599, 1611–1612 [the scope of discovery extends to any information that reasonably might lead to other evidence that would be admissible at trial].) As to plaintiff's motion quashing the use of documents in this litigation with Bates numbering WM 001419 through WM 001...

Excerpt: ... (Franklin Mint Co. v. Superior Court (2005) 130 Cal.App.4th 1550, 1558 [party seeking determination of good faith of settlement must set forth the value of the consideration paid and an evidentiary basis for that valuation, and must demonstrate that the valuation was reached in a sufficiently adversarial manner to justify the presumption that a reasonable valuation was reached].) Defendants failed to attach a copy of the settlement agreement ide...

Excerpt: ...on Universal as the Court did not rely upon the paragraphs and corresponding exhibits challenged in determining the instant motion. Plaintiff Stella Roser's motion for attorneys' fees, costs and expenses is GRANTED IN PART. (Civ. Code, § 1794, subd. (d).) For purposes of Civil Code section 1794(d), plaintiff is the prevailing party. (See Mikhov decl., ¶ 27, Exhibit D.) The Court finds the proffered hourly rates claimed by Knight Law Group reaso...

Excerpt: ...w defendants have been served with the summons and complaint. (See Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808–809; Cal. Rules of Court, rule 3.1332(c)(5), (7); Hodson decl., ¶ 3.) Additionally, plaintiff has not established that he has been unable to obtain essential testimony, documents, or other material evidence despite diligent efforts, given that the newly named defendants are not yet apart of this action. (Cal. Rules of Cour...

Excerpt: ...rounds” to overrule or sustain a demurrer or to grant or deny a motion to strike. (Code Civ. Proc., §§ 430.41, subd. (a)(4), 435.5, subd. (a)(4).) The Court also notes that the instant motion was timely filed with the Court. (Code Civ. Proc., § 1005, subd. (b).) Defendants' demurrer to plaintiff Good2Go Health's second amended complaint (“SAC”) is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) “A demurrer does not lie to a portion...

Excerpt: .... Proc., §§ 337a, 437c, subd. (p)(2); KOVR‐TV, Inc. v. Superior Court (1995) 31 Cal.App.4th 1023, 1027 – 1028; CACI 372.) Plaintiff has provided evidence of unpaid financial transactions between the parties for direct services provided by plaintiff to defendant (unrelated to third‐party transactions). (Botha Decl., ¶ 3, Ex. A.) Plaintiff has also provided evidence of unpaid financial transactions for services provided by plaintiff to a t...

Excerpt: ...pearance in the instant action based upon the filing of their motion to disqualify. (See In re Strong's Estate (1942) 54 Cal.App.2d 604, 611 [process is waived by a general appearance, in person or by attorney, entered in the action, or by some act equivalent thereto, such as the filing of a pleading in the case or by otherwise recognizing the authority of the court to proceed in the action].) However, the Court also finds that there are no proof...

Excerpt: ...187 Cal.App.4th 1017, 2 of 5 1030, fn. 7; American Indian Model Schools v. Oakland Unified School Dist. (2014) 227 Cal.App.4th 258, 275–276.) Cross‐ defendant's request for judicial notice in support of reply is DENIED. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537 [“The general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers.”]; see also People v. Rowland (1992) 4 Cal.4th 238, 268...

Excerpt: ...al.3d 147, 160; see also Hoch v. Allied‐Signal, Inc. (1994) 24 Cal.App.4th 48, 61; Civ. Code, § 3294; Complaint, ¶¶ 11, 61‐ 62.) As to injunctive relief, plaintiffs have adequately alleged facts establishing that the alleged harm is likely to reoccur. (See Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084; and East Bay Mun. Utility Dist. v. Department of Forestry & Fire Protection (1996) 43 C...

Excerpt: ...served and filed separately from the other papers…in opposition to the motion.” (Cal. Rules of Court, rule 3.1354(b).) The Court declines to rule on defendant's evidentiary objections to plaintiff's evidence as the evidence objected to is not germane to the disposition of defendant's motion for summary judgment. (Code Civ. Proc., § 437c, subd. (q).) Defendant's motion for summary adjudication as to the first cause of action for wrongful term...

Excerpt: ...nce cause of action against a public entity such as defendant. (Gov. Code, § 815, et seq.; Tolan v. State of California (1979) 100 Cal.App.3d 980, 985; Guzman v. County of Monterey (2009) 46 Cal.4th 887, 897.) Plaintiffs may amend their complaint by no later than October 22, 2021 (10 days after the hearing). (Cal. Rules of Court, rule 3.1320(g).) The Court notes that defendant failed to properly meet and confer “in person or by telephone” pr...

Excerpt: ...sition of the instant motion. Plaintiff's motion to enforce paragraph 11 of the January 26, 2021 stipulation and order thereon, for judgment of dismissal of Thomas Rutaganira's cross‐ complaint, and for attorney's fees and costs is DENIED. (Code Civ. Proc., § 664.6.) A motion to enforce a settlement agreement, under section 664.6, may not “be considered in an action other than the action in which the settlement was made.” (Viejo Bancorp, I...

Excerpt: ...st…be a showing of an improper purpose, i.e., subjective bad faith on the part of the attorney or party to be sanctioned.”], citation omitted; Code Civ. Proc., § 128.5, subd. (a); Cutler decl.) While final payment was received after the 90‐day deadline, defendant provided an explanation for the delay. (Universal decl., ¶¶ 34‐43.) The Court declines to award plaintiff post‐judgment interest because there was no money judgment. (Code C...

Excerpt: ...w when the educational institution makes a specific promise to provide an educational service, such as a failure to offer any classes or a failure to deliver a promised number of hours of instruction.” (Kashmiri v. Regents of University of California (2007) 156 Cal.App.4th 809, 826.) However, unless there was a formal agreement between defendant and its students or an express statement by defendant that it intends to be bound, any alleged agree...

Excerpt: ...ion as the evidence objected to is not germane to the disposition of defendants Jamil L. White, individually and doing business as Louis White, P.C.'s (“defendants”) motion for summary judgment. (Code Civ. Proc., § 437c, subd. (q).) The Court declines to rule on defendants' evidentiary objections made in their response to plaintiffs' separate statement because “[a]ll written objections to evidence must be served and filed separately from t...

Excerpt: ...irwan (1985) 39 Cal.3d 311, 318.) While the amended CC&Rs were recorded in 1995, plaintiffs Richard Lauckhart, and Sharon Baumgartner and Ron Baumgartner, as trustees of the Baumgartner Family Revocable Trust, have alleged that the signatures to amend the CC&Rs were fraudulently obtained. (Code Civ. Proc., § 343; Costa Serena Owners Coalition v. Costa Serena Architectural Com. (2009) 175 Cal.App.4th 1175, 1193, 1196‐1197 [“Costa Serena”]; ...

Excerpt: ...leyea v. Campbell (1994) 8 Cal.4th 975, 980 [“Because the law favors disposing of cases on their merits, any doubts in applying section 473 must be resolved in favor of the party seeking relief from default.”]; Colderbank Decl., ¶¶ 2‐14.) Further, defendant has shown “diligence in making the motion after discovery of the default.” (Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410; Colderbank Decl., ¶¶ 16‐40.) Defendant's...

Excerpt: ...ey Boosalis, Mara Getz, and Eric Parise's first amended complaint seeks relief for conversion of the same property identified in plaintiff First Centaur's conversion cause of action for Case No. CV‐2018‐ 1444. (Compare defendant's RJN, no. 3, ¶¶ 59‐61 and defendant's RJN, no. 5, ¶¶ 61‐66, 68.) Moreover, defendant's cross‐complaints filed in each case seek nearly identical factual and legal determinations, only against different part...

Excerpt: ...'s discovery requests and pay monetary sanctions warrants terminating sanctions. (Department of Fair Employment & Housing v. Ottovich (2014) 227 Cal.App.4th 706, 712 – 713.) Defendant's answer is stricken and a judgment by default against defendant Stcyr shall be entered. (Code Civ. Proc., § 2023.030, subd. (d)(1), (4).) Plaintiffs' request for monetary sanctions is GRANTED, in the amount of $740.00 against defendant Stcyr. By continuing to di...

Excerpt: ... § 1281.2, 1284.) The case of Felisilda v. FCA US LLC ((2020) 53 Cal.App.5th 486) is binding on this Court. The Court thus finds that plaintiff is estopped from repudiating defendant's enforcement of the express arbitration provision found in the Retail Installment Sales Contract (“Contract”) between plaintiffs and Hoblit Chrysler Jeep Dodge. (Felisilda, supra, 53 Cal.App.5th 486, 495 – 499; Universal Decl., Ex. A.) The Court finds that ba...

Excerpt: ...he Court finds that plaintiff Hossam Buzgheia failed to record his mechanic's lien pertaining to the work of improvement he performed on defendants' property within the requisite statutory time frame; thus, has waived his right to bring the instant action. (Civ. Code, §§ 8180, subd. (a), 8412, subds. (a)(1), (a)(3); Howard S. Wright Construction Co. v. BBIC Investors (2006) 136 Cal.App.4th 228, 237, 240; See Stanislaus Lumber Co. v. Pike (1942)...

Excerpt: ...roducts, Inc. (2008) 165 Cal.App.4th 1568, 1586–1587.) The Court finds that defendant did not act with diligence in obtaining a hearing to compel plaintiff's compliance. (Code Civ. Proc., § 2024.050, subd. (b)(2).) Specifically, plaintiff produced the subject spreadsheet, CTGA‐0002507, on August 17, 2020 and the corresponding privilege log on October 19, 2020. (Campbell decl., ¶¶ 8, 10.) Defendant waited until July 9, 2021 to request an un...

Excerpt: ...re due on or before June 11, 2021. (Schoech Decl., ¶ 6.) Plaintiffs' request for monetary sanctions is GRANTED, in the amount of $900.00 against defendant. (Code Civ. Proc., §§ 2023.010, 2023.020, 2033.280, subd. (c); Schoech Decl., ¶ 9.) Defendant shall pay these sanctions by October 3, 2021. Motion for terminating sanctions or an order to show cause re contempt against defendant: Plaintiffs' request for judicial notice is GRANTED. (Evid. Co...

Excerpt: ...Proc., § 1211; Koehler v. Superior Court (2010) 181 Cal.App.4th 1153, 1169 [stating that “indirect contempt requires there be an initiating affidavit, and without one any contempt order is void.”].) Contempt requires “(1) a valid order, (2) knowledge of the order, (3) ability to comply with the order, and (4) willful failure to comply with the order.” (In re Ivey (2000) 85 Cal.App.4th 793, 798; see also Lyon v. Superior Court of Los Ange...

Excerpt: ...tions to plaintiff's evidence as the evidence objected to is not germane to the disposition of defendant's motion for summary adjudication. (Code Civ. Proc., § 437c, subd. (q).) Defendant's motion for summary adjudication as to the first cause of action (breach of contract) is GRANTED. (Code Civ. Proc., § 437c, subd. (p)(2).) Defendant has shown that there was not “an actual withholding of benefits due” and therefore, there can be no breach...

Excerpt: ...f has demonstrated that $86,152.50 of the sought attorneys' fees are attributable to time spent proving the identified RFAs. (See Code Civ. Proc., § 2033.420, subd. (a); Garcia v. Hyster Co. (1994) 28 Cal.App.4th 724, 763‐737; Vlasak supp. decl., ¶¶ 5‐8, Exhibit F.) Plaintiff is not entitled to recover for time spent drafting the instant motion because section 2033.420(a) limits the award of expenses to “reasonable expenses incurred in�...

Excerpt: ...oyee arising out of their contractual relationship.” (Jarboe, supra, 53 Cal.App.5th at p. 556, citation and internal quotation marks omitted.) “Instead, it is a dispute between an employer and the state, which alleges directly or through its agents—either the Labor and Workforce Development Agency or aggrieved employees—that the employer has violated the Labor Code.” (Id. at p. 556, citation, brackets, and internal quotation marks omitt...

Excerpt: ...d noncompliance with the Court's prior orders to provide responses to plaintiff's discovery requests and pay monetary sanctions warrants terminating sanctions. (Department of Fair Employment & Housing v. Ottovich (2014) 227 Cal.App.4th 706, 712 – 713.) Defendant's answer is stricken and a judgment by default against defendant shall be entered. (Code Civ. Proc., § 2023.030, subd. (d)(1), (4).) Plaintiff's request for monetary sanctions is GRANT...

Excerpt: ...ndoza Decl., ¶ 4, Ex. A.) Defendant/cross‐complainant's motion to compel defendant Anytime Fitness, LLC's further responses to special interrogatories, set two, is DENIED AS MOOT. (Code Civ. Proc., § 2030.300.) Defendant Anytime served second supplemental responses to special interrogatories, set two, numbers 34 – 40, on July 15, 2021. (Mendoza Decl., ¶ 4, Ex. A.) The Court declines to rule upon the adequacy of defendant Franchise's or def...

Excerpt: ...ts for the PMK deposition ($1,140.39) is DENIED. The Court finds that these are allowable costs, defendant has demonstrated that these costs were incurred and necessary to the conduct of the litigation, and plaintiff has failed to demonstrate anything to the contrary. (Code Civ. Proc., § 1033.5, subds. (a)(3), (c)(3) & (4).) 3. The motion to tax costs for duplicative deposition transcript and for the room cancellation charge ($3,614.75) is GRANT...

Excerpt: ...aint are duplicative, and are actually a single cause of action sounding in negligence. (Code Civ. Proc., § 128, subd. (a); Schimmel v. Levin (2012) 195 Cal.App.4th 81, 87 [“Every court has the inherent power, in furtherance of justice, to regulate the proceedings of a trial before it; to effect an orderly disposition of the issues presented; and to control the conduct of all persons in any manner connected therewith. [Citations.] The exercise...

Excerpt: ... and Ms. Nugent ($300.00) reasonable. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Jackson v. Yarbray (2009) 179 Cal.App.4th 75, 93; Heritage Pacific Financial, LLC v. Monroy (2013) 215 Cal.App.4th 972, 1009 [“The court may rely on its own knowledge and familiarity with the legal market in setting a reasonable hourly rate.”]; Sommer decl., ¶¶ 12‐15.) Defendants' requested hours and costs spent on the special motion to strike and t...

Excerpt: ... first amended complaint (“FAC”), the Court finds that Civil Code section 895 et seq. (commonly known as the Right to Repair Act) is inapplicable to the instant action. (Acqua Vista Homeowners Assn. v. MWI, Inc. (2017) 7 Cal.App.5th 1129, 1134, 1141 ‐ 1142; see also McMillin Albany LLC v. Superior Court (2018) 4 Cal.5th 241, 246 – 247; FAC, ¶¶ 4, 11‐14, 22, 32.) Specifically, plaintiff has not sued the builder of her home, and plainti...

Excerpt: ...laintiff has failed demonstrate that the sought attorneys' fees are attributable only to time spent proving the identified RFAs. (See Code Civ. Proc., § 2033.420, subd. (a); Garcia v. Hyster Co. (1994) 28 Cal.App.4th 724, 763‐ 737 [“Nothing in the bare‐bones showing made below, or in the lower court's award, reflects that any consideration was given to the fact that Hyster Company's trial preparation might extend beyond those areas covered...

Excerpt: ...ry to the conduct of the litigation. (Code Civ. Proc., § 1033.5, subd. (a)(3), (c)(3) & (4); Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131; Segal v. Asics America Corporation (2020) 50 Cal.App.5th 659, 668.) Plaintiff has voluntarily withdrawn $958.40 of these costs. 2. The motion to tax deposition costs as to room rental for taking depositions ($5,500.00) is DENIED. Plaintiff has demonstrated that the amended cost of $3,115.00 was reasonabl...

Excerpt: ...iffs have sufficiently pled allegations in the first amended complaint to support a prayer for punitive damages. (Civ. Code, § 3294; Taylor v. Superior Court (1979) 24 Cal.3rd 890, 895 – 896, 899; Pfeifer v. John Crane, Inc. (2013) 220 Cal.App.4th 1270, 1299; Compl., second cause of action‐general negligence, ¶ GN‐1.) The notice of motion provides notice of this Court's tentative ruling system; however, the notice cites to previous Local ...

Excerpt: ...endant County of Yolo. (Guzman v. County of Monterey (2009) 46 Cal.4th 887, 897; Gov. Code, § 815, et seq.) The Court also finds that the claims against defendant County of Yolo have not been pled with the requisite specificity. (Susman v. City of Los Angeles (1969) 269 Cal.App.2d 803, 809; Mittenhuber v. City of Redondo Beach (1983)142 Cal.App.3d 1, 5 – 7; Gov. Code, § 835.) Plaintiffs may amend their complaint consistent with this order by ...

Excerpt: ...s failed to provide legal authority that Mr. Pompey's alleged conduct falls outside the scope of “unsafe working conditions” under Labor Code section 6310. (See also Lab. Code, § 6306, subd. (a).) Defendant Roudybush, Inc.'s motion to strike plaintiff's complaint is DENIED. (Code Civ. Proc., §§ 435, 436.) Plaintiff's complaint contains adequate allegations to maintain a punitive damage claim against defendant Roudybush, Inc. (Civ. Code, §...

Excerpt: ...lton's initial deposition is good cause to allow a second one to be taken. (Associated Brewers Distributing Co. v. Superior Court of Los Angeles County (1967) 65 Cal. 2d 583, 588.) The deposition shall occur on or before July 16, 2021. Defendant's motion for judgment on the pleadings is DENIED. (Code Civ. Proc., § 438.) The Court finds that plaintiffs' complaint and the Declaration of Restrictions Affecting Willowbank Addition no. 6, subdivision...

Excerpt: ...that NGEC has failed to show good cause for responsive documents after 2016. (Code Civ. Proc., §§ 2031.310, subd. (b)(1), 2017.020, subd. (a); FACC, ¶ 30.) Therefore, the Court limits the timeframe of subject requests from 2014 to 2016. In all other respects, the Court finds that NGEC is entitled to the sought documents. Based on the allegations in the FACC, the subject discovery is relevant to defendants' determination of damages. (Code Civ. ...

Excerpt: ...ministrative remedies regarding this cause of action by not filing an administrative complaint with the Department of Fair Employment and Housing (“DFEH”) that included a charge of sexual harassment, or conduct corresponding thereto, within one year of the date the alleged unlawful practice occurred. (Former Gov. Code, § 12960, subd. (d), amended by stats. 2019, c. 709 (A.B.9), § 1, eff. Jan. 1, 2020; Wills v. Superior Court (2011) 195 Cal....

Excerpt: ...or judgment on the pleadings is DENIED. (Code Civ. Proc., § 438.) The Court finds that plaintiff Manzar Qayyum's allegation in the complaint that a partnership existed is a question of fact that cannot be determined upon motion for judgment on the pleadings. (Billups v. Tiernan (1970) 11 Cal.App.3d 372, 379; see Spier v. Lang (1935) 4 Cal.2d 711, 716; Compl., ¶ 10.) Defendants' motion to bifurcate is DENIED. (Code Civ. Proc., §§ 598, 1048, su...

Excerpt: ... second amended complaint (“SAC”) is DENIED. (Code Civ. Proc., § 438, subd. (c)(1)(B).) Defendant has failed to establish that plaintiffs' SAC does not state facts sufficient to constitute causes of action against defendant. (Ibid.) The first cause of action is not mooted by Casey Boosalis' removal as a director of Capay Valley Floriculture because plaintiffs also seek a determination as to whether defendant was properly removed as director....

Excerpt: ...ture of the misconduct (which must be deliberate and egregious, but may or may not violate a prior court order), the strong preference for adjudicating claims on the merits, the integrity of the court as an institution of justice, the effect of the misconduct on a fair resolution of the case, and the availability of other sanctions to cure the harm. (Slesinger, supra, at p. 764, citing Aoude v. Mobile Oil Corp. (1989) 892 F.2d 1115, 1118.) The al...

Excerpt: ...that all categories within the subject subpoena are confidential; however, defendant has met its burden of showing that documents pertaining to plaintiff's wage and hour complaints made to prior employers are relevant to the present matter. (Cal. Const., Art. I, § 1; Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 35, 37 – 40; Williams v. Superior Court (2017) 3 Cal.5th 531, 552; Valley Bank of Nevada v. Superior Court (1975) 15...

Excerpt: ...City of Alhambra v. Superior Court (1980) 110 Cal.App.3d 513, 520; O'Connor v. McDonald's Restaurants (1990) 220 Cal.App.3d 25, 30; Felix v. Asai (1987) 192 Cal.App.3d 926, 932–933.) Plaintiff's motion to compel defendant's further responses to request for admissions, set one, is DENIED. (Code Civ. Proc., § 2033.290.) The Court finds that defendant's responses to requests 18, 22 and 23 comply with the requirements of the Code of Civil Procedur...

Excerpt: ...5.) On balance, the Court concludes that non‐party Rebecca Kozlowski's (“Kozlowski”) privacy interest in her financial documents is outweighed by the sought documents' direct relevance and unavailability through less intrusive means. (SCC Acquisitions, Inc. v. Superior Court (2015) 243 Cal.App.4th 741, 754‐755; Barrett decl., ¶¶ 11, Exhibit 9.) However, the Court finds the requests overbroad as to time. (See Code Civ. Proc., § 2017.010...

Excerpt: ...e overruled. A landlord is not liable for injuries resulting from third party conduct over which he has no control. (Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504, 512.) In determining whether a duty exists, the court analyzes multiple factors, including: social utility of the activity; risks of the activity; workability of a rule of care; persons involved and their relationship; financial considerations; moral considerations; prophylactic eff...

Excerpt: ... Court (1998) 61 Cal.App.4th 1431, 1438; Clement v. Allegre (2009) 177 Cal.App.4th 1277, 1294; Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) The Court also finds that defendant's separate statement fails to comply with the California Rules of Court. (Cal. Rules of Court, rule 3.1345; Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893.) The Court finds defendant failed to: (1) provide the text of plaintiff's original responses; (2) pr...

Excerpt: ...sanctions of dismissing the action or entering default judgment are justified. (Code Civ. Proc., § 2023.030, subd. (d); Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796; Lopez v. Watchtower Bible & Tract Soc. of New York, Inc. (2016) 246 Cal.App.4th 566, 604 [discovery statutes evince an incremental approach, starting with monetary sanctions and ending with ultimate terminating sanction].) Defendant's request for evidentiary sanctions is GRANTED....

Excerpt: ...ITHOUT PREJUDICE. (Code Civ. Proc., §§ 473, 576.) Defendant has not stated what allegations are proposed to be added and/or deleted and where, by paragraph and line number. (Cal. Rules of Court, rule 3.1324(a).) Further, defendant has failed to file a supporting declaration stating: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) t...

Excerpt: ...1) when the facts giving rise to the amended allegations were discovered; and (2) the reasons why the request for amendment was not made earlier. (Cal. Rules of Court, rule 3.1324(b).) Further, plaintiff has failed to show justification for the long, unexcused delay in seeking amendment, and the proposed amendments would require the parties to conduct additional discovery. (Rainer v. Buena Community Memorial Hosp. (1971) 18 Cal.App.3d 240, 258 [�...

Excerpt: ...rt to determine “the validity of any election or appointment of any director” and therefore, plaintiffs cannot obtain relief under Corporations Code section 709. (Morrical v. Rogers (2013) 220 Cal.App.4th 438, 452, 457; FAC, ¶¶ 32‐44.) While the FAC also cites to other sections of Corporations Code, these statutes do not provide a basis for plaintiffs to obtain the requested relief. (Corp. Code, §§ 12360, 12362; FAC, ¶¶ 42‐44.) As t...

Excerpt: ...arch 9, 2020 is GRANTED IN PART. Plaintiff's request for issue sanctions is DENIED. A court may impose an issue sanction on a party who violates an order compelling discovery. However, the court's discretion must be exercised in a manner consistent with the basic purposes of such sanctions: to compel disclosure of discoverable information. Discovery sanctions cannot be imposed to punish the offending party 3 of 3 or to bestow an unwarranted “wi...

Excerpt: ...f action in defendant Thomas Rutaganira's (“Rutaganira”) cross‐complaint or (b) that Rutaganira's cross‐complaint does not state facts sufficient to constitute causes of action against plaintiff. (Ibid.) The stipulation, by its terms, does not bar the present action. (Plaintiff's RJN, Exhibit 2.) Moreover, the cross‐complaint asserts different causes of action than the unlawful detainer case and seeks to resolve different issues than re...

Excerpt: ...8 to the Brazier declaration is OVERRULED. 3 of 4 • Objections nos. 1‐6 to the Teixeira declaration are OVERRULED. • Objections nos. 7‐13 to the Teixeira declaration are SUSTAINED. The Court does not reach Andersen's other evidentiary objections as the evidence objected to is not germane to the disposition of the instant motion. (Code Civ. Proc., § 437c, subd. (q).) Andersen's motion for summary adjudication is GRANTED. (Code Civ. Proc.,...

Excerpt: ...Proc., §§ 2023.010, 2023.020, 2030.290, 2031.300, 2033.280.) The Court finds that plaintiff did not misuse the discovery process, acted with substantial justification, and other circumstances make the imposition of the sanction unjust. (Code Civ. Proc., §§ 2023.010, 2023.020, 2030.290, subd. (c), 2031.300, subd. (c); DeSantis Decl., ¶¶ 2 – 4.) The Court also finds that plaintiff served a response in substantial compliance with Code of Civ...

Excerpt: ...008) 166 Cal.App.4th 871, 893.) Further, on balance, the Court concludes that non‐party Rebecca Kozlowski's privacy interest in her financial documents is outweighed by the sought documents' direct relevance and unavailability through less intrusive means. (SCC Acquisitions, Inc. v. Superior Court (2015) 243 Cal.App.4th 741, 754‐755; Barrett decl., ¶¶ 9‐12, Exhibits 8‐12.) However, the Court finds the requests overbroad as to time. (See...

Excerpt: ...WFB. (Code Civ. Proc., § 438, subd. (c)(1)(B); Drum v. San Fernando Valley Bar Ass'n (2010) 182 Cal.App.4th 247, 256‐ 257; Camacho v. Automobile Club of Southern California (2006) 142 Cal.App.4th 1394, 1399‐1403; Cel‐ Tech Commc'ns, Inc. v. L.A. Cellular Tel. Co. (1999) 20 Cal.4th 163, 180‐185; see also Le Francois v. Goel (2005) 35 Cal.4th 1094, 1108‐ 1109; TAC, ¶¶ 18‐40, 194.) Defendant Specialized Loan Servicing LLC's Motion in ...

Excerpt: ...te statement fails to: (1) provide the text of each response, answer, or objection; (2) provide a statement of the factual and legal reasons for compelling further responses, answers, or production as to each matter in dispute; (3) provide the text of all definitions, instructions, and other matters required to understand each discovery request and the responses to it; and, (4) set forth the text of other responses where the reasons a further res...

Excerpt: ...l resolution” of the discovery disputes prior to filing the instant motions. (Code Civ. Proc., §§ 2016.040, 2031.310, subd. (b)(2); Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1438; Clement v. Allegre (2009) 177 Cal.App.4th 1277, 1294; Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) Plaintiff's request for sanctions is DENIED. (Code Civ. Proc., §§ 2023.010, 2030.300, 2031.310.) Plaintiff was not successful in bringing ...

Excerpt: ...y of default when such a motion is brought within the time to file a responsive pleading or motion. (See Code Civ. Proc., §§ 412.20, subd. (a)(3), 585, 425.16; Kunysz v. Sandler (2007) 146 Cal.App.4th 1540, 1543 [noting that “the purpose of the anti‐SLAPP statute is to dismiss meritless lawsuits designed to chill the defendant's free speech rights at the earliest stage of the case.”]; see also Weitz v. Yankosky (1966) 63 Cal.2d 849, 854�...

Excerpt: ...13) 220 Cal.App.4th 217, 230‐231.) Plaintiff has failed to allege facts showing how, when, where, to whom, and by what means the representations were made. (West v. JP Morgan Chase Bank, N.A. (2013) 214 Cal.App.4th 780, 793.) The demurrer is sustained with leave to amend as there is a reasonable possibility plaintiff could cure the defect by amendment. (Aubry v. Tri‐City Hospital Dist. (1992) 2 Cal.4th 962, 967.) Defendants' demurrer to plain...

Excerpt: ...v. Proc., § 1048.) The Court finds that Case Nos. CV‐2018‐243 and CV‐2018‐1444 involve common questions of law and fact. (Ibid.) Specifically, in Case No. CV‐2018‐243, plaintiffs Capay Valley Floriculture, Casey Boosalis, Mara Getz, and Eric Parise's first amended complaint seeks relief for conversion of the same property identified in plaintiff First Centaur's conversion cause of action for Case No. CV‐2018‐1444. (Compare defend...

Excerpt: ...nded Complaint. The Supreme Court has extended absolute immunity to certain persons who perform functions closely associated with the judicial process. (See Cleavinger v. Saxner (1985) 474 U.S. 193, 200.) Judges (and by analogy, court personnel performing tasks integral to a judicial function) will not be deprived of immunity for conduct that was “was in error, was done maliciously, or was in excess of…authority,” but will only be deprived ...

Excerpt: ...009) 171 Cal.App.4th 1356, 1384; SAC, ¶¶ 51‐53, 77‐85.) Further, plaintiff has adequately stated facts alleging “safety concerns posed by the vehicle.” (Daugherty v. American Honda Motor Co., Inc. (2006) 144 Cal.App.4th 824, 836; SAC, ¶¶ 16‐17, 36.) However, plaintiff's third cause of action is barred by the economic loss rule because plaintiff has failed to plead facts “demonstrat[ing] harm above and beyond a broken contractual p...

Excerpt: ...tes an order compelling discovery. However, the court's discretion must be exercised in a manner consistent with the basic purposes of such sanctions: to compel disclosure of discoverable information. Discovery sanctions cannot be imposed to punish the offending party or to bestow an unwarranted “windfall” on the adversary. (Code Civ. Proc., § 2023.030, subd. (b); Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 793; Motown Record Corp. v. Superi...

Excerpt: ...ndation Health Plan v. Superior Court (2012) 203 Cal.App.4th 696, 704; citing Thurman v. Turning Point of Central Cal. (2010) 191 Cal.App.4th 53, 63.) Even “nonintentional torts” may form the basis for punitive damages when the conduct constitutes a conscious disregard of the rights or safety of others (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902; citing Peterson v. Superior Court (1982) 31 Cal.3d 147, 158.) “Nonintentional conduc...

Excerpt: ....) Plaintiff's motion to certify the subclass of non‐exempt employees of DD's Pizza who worked one or more work periods in excess of three and a half (3 ½) hours without receiving a paid ten (10) minute rest break during which the class member was relieved of all duties is GRANTED. (Code Civ. Proc., § 382.) Plaintiff has established the existence of an ascertainable and sufficiently numerous class, a well‐defined community of interest, and ...

Excerpt: ...168 Cal.App.3d 399, 404‐405; Code Civ. Proc., § 437c, subd. (c); see, e.g., Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 [“In ruling on the motion, the court must consider all of the evidence and all of the inferences reasonably drawn therefrom…and must view such evidence and such inferences…in the light most favorable to the opposing party.”]; UMFs 5‐12, 14‐15.) Defendant's motion for summary adjudication as to the...

Excerpt: ... acceptance of such offers to defendants. (Code Civ. Proc., § 998, subd. (a); Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 491; State v. Agostini (1956) 139 Cal.App.2d 909, 915; Koehler decl., ¶¶ 3‐4, Exhibit 2.) Plaintiffs have failed to establish that entry of judgment should be entered nunc pro tunc to February 3, 2020. However, the Court enters judgment nunc pro tunc to October 6, 2020, as the accepted 998 offers were filed...

Excerpt: ...ns, LLC's articles of organization filed by the California Secretary of State is GRANTED. (Evid. Code, §§ 452, subds. (c), (h); 453.) Motions for summary judgment A moving defendant may obtain summary judgment by showing that an essential element of plaintiff's claim cannot be established. (Code Civ. Proc., § 437c, subd. (p).) A defendant does so by presenting evidence that plaintiff does not possess and cannot reasonably obtain needed evidenc...

Excerpt: ... (Nordstorm decl., ¶¶ 4, 16, Exhibit B, § 22.17.) Leisureville never agreed to a lower rental amount for rent due after the expiration of the 90‐day period. (Ibid.; see also Krogh decl., ¶¶ 7‐9.) Therefore, the Court orders plaintiff to pay the outstanding amount of $1,310.00 to Leisureville by no later than June 14, 2021. Based on plaintiff's declaration stating that he “will have fully vacated the property no later than the end of da...

Excerpt: ...ery obligations as well as this Court's order that she comply with her discovery obligations and pay monetary sanctions. (Mileikowsky v. Tenet Healthsystem, supra, at pp. 279‐280.) No lesser sanction such as striking pleadings or staying proceedings would be effective to obtain her compliance with her discovery obligations. It has become clear that Castellanos has no intention of answering discovery, filing papers, or complying with this Court'...

Excerpt: ...and as guardian ad litem for her natural child Logan Weishaar, and Micah Weishaar, or plaintiffs' counsel have violated. (Cal. Rules of Court, rule 2.30(c)(1).) Defendants have not established that plaintiffs violated this Court's order of November 12, 2020 which adopted the Tentative Ruling dated September 17, 2020 but inadvertently omitted an updated date by which plaintiffs were to pay sanctions to defendants. (Code Civ. Proc., § 177.5.) In a...

Excerpt: ...cial notice of exhibits 2‐88, as these documents are irrelevant to the Court's determination of the instant motion. (People v. Rowland (1992) 4 Cal.4th 238, 268 fn. 6.) Plaintiff ‘s demurrer as to defendants' first, seventh, ninth, and tenth is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., § 430.20, subd. (a).) As to the first affirmative defense (estoppel), defendants do not allege facts establishing the elements of equitable estoppel...

Excerpt: ...failed to state why the Court is permitted to take judicial notice of this document. (See, e.g., Evid. Code, § 452.) Defendant Alan Wei, an individual and dba Agri‐Analysis, LLC's request for judicial notice is GRANTED. (Evid. Code, § 451.) Defendant Alan Wei, an individual and dba Agri‐Analysis, LLC's special motion to strike plaintiff's entire complaint and all causes of action under Code of Civil Procedure section 425.16 is DENIED. (Code...

Excerpt: ...lication[ ] for the same order” as defendant's previous motion, defendant failed to submit an accompanying affidavit stating what application was made before, when and to what judge, and what order or decisions were made. (Graham v. Hansen (1982) 128 Cal.App.3d 965, 970; Code Civ. Proc., § 1008, subd. (b).) Further, defendant failed to file and serve the instant motion within two years after entry of a default judgment against him. (Code Civ. ...

Excerpt: ...n, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence.” (Code Civ. Proc., § 2017.020, subd. (a); see also Code Civ. Proc., § 2019.030.) Additionally, plaintiff has shown good cause justifying the production of the documents sought. (Code Civ. Proc., § 2025.450, subd. (b)(1).) The Court notes that the notice of deposition incorrectly refere...

Excerpt: ...compel further responses to form interrogatories, set one, and demand for inspection and production of documents and things, set one: Plaintiff's motion to compel further response to FROG 4.1 is GRANTED. Defendant has failed to set forth the efforts he made to obtain the information requested. (Devo v. Kilbourne (1978) 84 Cal.App.3d 771, 782‐783, superseded by statute on a different point.) Defendant has not explained why he would need to subpo...

Excerpt: ...) 15 Cal.4th 51, 64– 65.) However, plaintiff has failed to establish that the damages awarded were “certain, or capable of being made certain by calculation.” (Civ. Code, § 3287, subd. (a); Watson Bowman Acme Corp. v. RGW Construction, Inc. (2016) 2 Cal.App.5th 279, 293‐294.) Specifically, the issues of liability and damages were significantly intertwined, requiring the Court to make a judicial determination on amount of damages awarded ...

Excerpt: ...scribed in subdivision (e) of Section 1985.3, or by the consumer's written authorization to release personal records described in paragraph (2) of subdivision (c) of Section 1985.3.” (Code Civ. Proc., § 2020.510, subd. (c).) Second, plaintiff has not submitted proof that the following documents were served on defendant Presort Center of Fresno, LLC, Beekoz Direct Marketing, Integrated Voting Solutions, and Integrated Voting Systems as the cons...

Excerpt: ...quitable claims and try their unfair competition law claim first is GRANTED. (Code Civ. Proc., §§ 598, 1048.) “Generally, in mixed actions, the equitable issues should be tried first by the court.” (Darbun Enterprises, Inc. v. San Fernando Community Hospital (2015) 239 Cal.App.4th 399, 408–409 [“Darbun”]; Dills v. Delira Corp. (1956) 145 Cal.App.2d 124, 128– 129.) Indeed, California courts have found “that the better practice is f...

Excerpt: ... party. [Citations.] (Frio v. Superior Court, supra, 203 Cal.App.3d at p. 1498, 250 Cal.Rptr. 819.) Where, as here, there is no allegation of counsel's bad faith, a claim of inadequate verification is without merit. (Ibid.)” (League of Women Voters v. Fong (1992) 7 Cal.App.4th 649, 656.) In this case, plaintiff does not allege any bad faith on the part of defendant's counsel in verifying his client's answer. The Court finds that the ends of jus...

Excerpt: ...damages, issue of duty, or affirmative defense that is the subject of the motion. (Cal. Rules of Court, rule 3.1350(d), emphasis added.) Moving defendants Good2Go Health, Daniel Genovese, and David Genovese in their separate statement have identified five issues for adjudication, but their supporting UMFs are not tailored with respect to their identified issues. Moving defendant American Redstone dba LUX in its separate statement identifies four ...

Excerpt: ...urden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence.” (Code Civ. Proc., § 2017.020, subd. (a); see also Code Civ. Proc., § 2019.030.) Plaintiff has shown good cause justifying the production of the documents sought. (Code Civ. Proc., § 2025.450, subd. (b)(1).) The deposition, on all categories set forth in plaintiff's notice of depos...

Excerpt: ... of the University of California's motion for summary adjudication as to the first cause of action for violation of the California Disabled Persons Act is GRANTED. (Code Civ. Proc., § 437c, subds. (f)(1), (p)(2).) Defendant has shown that plaintiff cannot establish an essential element of her first cause of action: that she was disabled. (Civ. Code, § 54, subd. (a), 54.6; Gov. Code, § 12926; Cal. Code Regs., tit. 2, § 11065, subds., (d)(8), (...

Excerpt: ...1) 231 Cal.App.3d 457, 468–469; Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540, 549 [33 Cal.Rptr.2d 646, 650] disapproved on other grounds by Black Sky Capital, LLC v. Cobb (2019) 7 Cal.5th 156.) Plaintiff Cavalry SPV I, LLC's unopposed motion for judgment on the pleadings is GRANTED on the grounds that the complaint states facts sufficient to constitute plaintiff's first and second causes of action against the defendants and...

Excerpt: ...�Clyde & Associates (1985) 38 Cal.3d 488, 499.) Given the conflicting declarations of Mr. Melcher and Mr. Braun, Granite has failed to make an evidentiary showing that the proposed settlement is within the “ballpark” of Granite's proportionate liability. (Mattco Forge, Inc. v. Arthur Young & Co. (1995) 38 Cal.App.4th 1337, 1350‐1352 [“Mattco”]; Krenzin decl., ¶ 13, Exhibit I; Swadley decl., ¶ 8, Exhibit 6.) While Granite does not need...

Excerpt: ...aintiff's evidentiary objections to unnumbered paragraphs 2 and 3 of defendant Alan Wei's declaration. The grounds for a motion to strike must appear on the face of the challenged pleading or from matter of which the court is required to take judicial notice. (Code Civ. Proc., § 437, subd. (a).) The challenged paragraphs do not constitute a valid basis for this Court to grant defendant's motion to strike. Defendant Alan Wei's motion to strike pl...

Excerpt: ...tablished that the parties met and conferred in good faith. (Code of Civ. Proc., § 2025.450, subd. (b)(2).) Actual damages are claimed in the complaint. Plaintiff should know the extent of actual damages caused by defendant's alleged conduct in violation of the CC&Rs and the nuisance cause of action. Defendant's discovery request seeks relevant documents and defendant is entitled to discovery regarding evidence of those claimed actual damages. T...

Excerpt: ...judicial notice of “non‐exclusive right of way” language contained in exhibits 3‐5 because the legal effect of this language is not clear from the face of the documents. (Scott, supra, 214 Cal.App.4th at p. 755; StorMedia Inc. v. Superior Court (1999) 20 Cal.4th 449, 457, fn. 9.) Therefore, to the extent that the Court declines to take judicial notice of the requested documents, defendants Kresta Daly and Don Hutchins' objections to plain...

Excerpt: ...shable from a case in which the government claim put defendant on notice of tort causes of action, but then the civil complaint included a wholly different legal theory, a contract‐based claim. (See Doe 1 v. City of Murrieta (2002) 102 Cal.App.4th 899, 921.) In this case, none of plaintiff's causes of action involve significant facts not mentioned in the government claim. (Ibid.) This case is also distinguishable from a case in which a governme...