Excerpt: ... constitute a defense to the complaint. (Ibid; Compl., ¶¶ CC‐1, CC‐2.) Based upon defendant Martha Q. Baeza's admission in her answer, the Court also finds that the defect cannot be cured by amendment, and defendant has not met her burden of showing otherwise. (Pang v. Beverly Hosp., Inc. (2000) 79 Cal.App.4th 986, 989–990; Cooper v. Leslie Salt Co. (1969) 70 Cal.2d 627, 636; see Blank, supra, 39 Cal.3d at p. 318; Answer, ¶ 3(b).) The no...

Excerpt: ... the evidence objected to in making its determination. (Reply, p. 6.) Plaintiff's application for right to attach order is DENIED. (Code Civ. Proc., § 484.010 et seq.) Plaintiff has not “established the probable validity of the claim upon which the attachment is based.” (Code Civ. Proc., § 484.090, subd. (a)(2); Santa Clara Waste Water Co. v. Allied World National Assurance Co. (2017) 18 Cal.App.5th 881, 885.) While plaintiff has shown a pr...

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....