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: ...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: ... (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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...