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...

Excerpt: ... (Gov. Code, § 946.6.) “[P]etitioner has the burden of proving by a preponderance of evidence the necessary elements for relief.” (Rodriguez v. County of Los Angeles (1985) 171 Cal.App.3d 171, 175.) While the petition contains allegations that the failure to present the claim was through “mistake, inadvertence, surprise, or excusable neglect,” such allegations are not supported by any evidence. (Ibid.; Gov. Code, § 946.6, subd. (c); Pet...

Excerpt: ... separate alleged harms: denial of plaintiff's claim and an ongoing practice of unlawful or unfair conduct. (See, e.g., Complaint, ¶¶ 26‐30, 39‐48.) As monetary damages will not remedy both harms, such a remedy is inadequate. (Philpott v. Superior Court in and for Los Angeles County (1934) 1 Cal.2d 512, 517; Cruz v. PacifiCare Health Systems, Inc. (2003) 30 Cal.4th 303, 316; Complaint, ¶ 45.) Further, the complaint alleges that defendant c...

Excerpt: ...r otherwise show there is no factual basis for relief on any theory reasonably contemplated by the opponent's pleading. (Doe v. Good Samaritan Hosp. (2018) 23 Cal.App.5th 653, 661.) First, defendants' separate statement does not separately identify each cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion. (Cal. Rules of Court, rule 3.1350, subd. (d)(1)(A).) The first amended complaint contai...

Excerpt: ...E; Underwood decl.,¶ 4, Exh. B.) Defendant has the burden to justify his objections and fails to justify his objections based upon third party privacy rights or any other objections timely asserted. (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220‐221; Fairmont Ins. Co. v. Sup.Ct. (Stendell) (2000) 22 Cal.4th 245, 255.) Defendant's supplemental, amended response to FROG 12.4 is insufficient as defendant raises untimely new objections and ha...

Excerpt: ...) Compliance with the statutory procedures for service of process is essential to establish personal jurisdiction. (Sakaguchi v. Sakaguchi (2009) 173 Cal.App.4th 852, 858.) Actual notice of the action alone is not a substitute for proper service of process and is not alone sufficient to confer jurisdiction. (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 392.) A summons may be served by personal delivery of a copy of the summ...

Excerpt: ...4th 60, 71‐72.) The previous motion filed on January 15, 2016, was a motion for summary judgment, not a motion for summary adjudication and it addressed the issue of standard of care. Defendant Daniel J. Kennedy's objection to plaintiff Brian Scaccia's separate statement is OVERRULED. Defendant Daniel J. Kennedy's objections to plaintiff's evidence numbers 1‐20 are SUSTAINED IN PART. Dr. Kennedy's objections numbers 2‐6, and 8 are SUSTAINED...

Excerpt: ...t is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subds. (e) & (f).) Plaintiff has pled her fraud cause of action with sufficient particularity, given that she is asserting defendants' nondisclosure of information. (Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4th 1356, 1384; FAC, ¶¶ 90‐92, 94, 106‐110, 160‐163, 174‐178.) However, plaintiff's third cause of action is barred b...

Excerpt: ...& Snyder (1990) 217 Cal.App.3d 1509, 1512; Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2016) 6 Cal.App.5th 1207, 1215.) Petitioner Pietro Giordano's petition for writ of mandate is GRANTED IN PART, as follows: 1. The Court issues a peremptory writ of mandate, ordering respondents to: (a) make and mail or deliver to petitioner the information and financial statements required by Corporations Code section 17704.10, including a ...

Excerpt: ...itten operating agreement, at the expense of respondent Garba Wine; and (b) make available to petitioner, or his agent or attorney, for inspection during regular business hours at the office of respondent Garba Wine, the records of respondent Garba Wine described in Corporations Code section 17704.10(b)(1). (Corps. Code, § 17704.10, subd. (f); Petition, ¶¶ 7‐15, Exhibits A, B & C.) 2. The Court orders respondents to give written notice to al...

Excerpt: ...al.4th 180, 196–197; see also Code Civ. Proc., § 916, subd. (a).) As the Court's order on defendant Katherine Lewis' special motion to strike and plaintiff's second cause of action are “embraced in or affected by” plaintiff's appeal, the Court lacks jurisdiction to consider the requested relief. Plaintiff's CCP 1008 application for renewal of CCP 995.240 stay application is DENIED. (Code Civ. Proc., § 1008, subd. (b).) Plaintiff failed to...

Excerpt: ...acts pleaded state a valid cause of action. Plaintiff's allegations must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The first amended complaint (“FAC”) contains allegations that defendants owed a legal duty of ordinary care to manage their property, they breached such duty by allowing tree roots from a tree and/or shrub on defendants' property ...

Excerpt: ...final and binding arbitration.” (Kasmani decl., ¶ 4, Exhibit 1. § 11.07.) However, this provision permits any party to “seek equitable relief by court action before or after instituting arbitration.” (Ibid.) Therefore, plaintiffs Ishar Dhaliwal, Sarah Clanton, and Nicholas Glass may seek equitable relief from this Court. In all other respects, plaintiffs are compelled to seek relief through arbitration according to the terms of the Stock ...

Excerpt: ...Civ. Proc., § 1987.1.) Defendant Kulkarni brought the instant motion to compel no later than 60 days after the “completion of the record” of deposition responses (Code Civ. Proc., § 2025.480, subd. (b); Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 133–134.) Before bringing a motion to compel further responses, a moving party must meet and confer with the opposing side regarding “each issue presented by the motion.” (Code...

Excerpt: ...ter involved in the pending action.” (Code Civ. Proc., § 2017.010; Williams v. Superior Court (2017) 3 Cal.5th 531, 540–541; Alan K. Nicolette decl., ¶ 2, Exhibit A; Sola decl., ¶ 3, Exhibit A.) Defendant Kanit & Kate, Inc. has failed to show that the subject depositions would be “unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigati...

Excerpt: ...ot committed any “procedural dereliction” that rendered judgment against plaintiff “inevitable or a mere formality.” (Gogri v. Jack in the Box Inc. (2008) 166 Cal.App.4th 255, 267; Franklin Capital Corp. v. Wilson (2007) 148 Cal.App.4th 187, 200.) Rather, the Court issued a tentative ruling, on August 11, 2020, denying defendant's motion for summary judgment. (Gogri, supra, 166 Cal.App.4th at p. 264; Zapanta v. Universal Care, Inc. (2003)...

Excerpt: ....6(a)(1) is GRANTED IN PART. The Court finds that the settlement was made in good faith. (Code Civ. Proc., § 877.6; City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261; Watson decl., ¶¶ 4‐5, 10‐11, Exhibit A.) However, the Court limits the preclusive effect of this order, barring all claims by any joint tortfeasor or co‐obligor against defendant Kevin Thai for equitable comparative contribution, or partial or compara...

Excerpt: ...s given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co‐obligors mutually subject to contribution rights, it shall have the following effect: (a) It shall not discharge any other such party from liability unless its terms so provide, but it shall reduce the claims against the others in the amount stipulated by the release, the dismissal or the ...

Excerpt: ...tedly filed unmeritorious motions, pleadings, or other papers, or conducted unnecessary discovery, or engaged in other tactics that are frivolous or solely intended to cause unnecessary delay. Additionally, defendant fails to demonstrate that “there is not a reasonable probability that Brian 2 of 2 will prevail in the litigation against John. Recently, defendant filed a motion for partial summary judgment, leaving causes of action left unchalle...

Excerpt: ...f the Court's July 29, 2020 order granting defendant Katherine Lewis' special motion to strike and for attorney fees and costs. (Code Civ. Proc., § 917.1, subd. (a); Dowling v. Zimmerman (2001) 85 Cal.App.4th 1400, 1431‐1434.) Plaintiff fails to address the Code of Civil Procedure section 995.240 factors that the Court must consider in exercising its discretion to waive an undertaking. (Code Civ. Proc., § 995.240; Burkes v. Robertson (2018) 2...

Excerpt: ...ote or memorandum thereof, is in writing and subscribed by defendant or defendant's agent. (Civ. Code, § 1624, subd. (a); Ellis v. Klaff (1950) 96 Cal.App.2d 471, 476‐ 477, disapproved on another ground in Sterling v. Taylor (2007) 40 Cal.4th 757; Rest., Contracts, § 207.) Plaintiff Richard Teague may amend his complaint by no later than October 19, 2020 (10 days after the hearing). (Cal. Rules of Court, rule 3.1320(g).) If no hearing is requ...

Excerpt: ...r's evidentiary objections made within her separate statement in support of her opposition to defendants' motion for summary judgment because “[a]ll written objections to evidence must be served and filed separately from the other papers…in opposition to the motion.” (California Rules of Court, rule 3.1354(b).) Defendant Mary Helen Leet's motion for summary judgment and/or adjudication is DENIED, without prejudice. (Code Civ. Proc., § 437c...

Excerpt: ...on shall be scheduled and completed by no later than October 8, 2020. In all other respects, plaintiff's motion is denied. The motion does not “set forth specific facts showing good cause justifying the production” of the requested documents. (Code Civ. Proc., § 2025.450, subd. (b)(1).) Further, plaintiff failed to submit a separate statement with the motion, regarding his request to compel answers at a deposition. (Cal. Rules of Court, rule...