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: ...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: ...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: ... (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: ...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: ...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: ...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: ...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: ...efendants have agreed to dismiss their first, sixth, eleventh, and twelfth affirmative defenses. Further, regarding the second, fourth, seventh, and tenth affirmative defenses, defendants' answer fails to state facts sufficient to constitute these defenses to the complaint. (Ibid; FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384; Metropolis Trust & Sav. Bank v. Monnier (1915) 169 Cal. 592, 596.) As to defendants' seventh affirmat...

Excerpt: ...plaintiffs Cesar Caballero and Miwok Nation (Tribe)'s objection to defendant's request for judicial notice exhibit 5 is OVERRULED AS MOOT. Plaintiffs Cesar Caballero and Miwok Nation (Tribe)'s request for judicial notice is DENIED. (Evid. Code, §§ 452, 453.) The proffered documents are not relevant to the Court's determination of the instant motion. (Rowland, supra, 4 Cal.4th at p. 268 fn. 6.) Therefore, defendant Robert Chavez's objections to ...

Excerpt: ...le outcome of the litigation is the determination that the disputed property is in fact Indian trust land. If that outcome is possible, then a state court is barred from assuming jurisdiction of the case.” (Boisclair v. Superior Court (1990) 51 Cal.3d 1140, 1152.) In the case of section 1360(b) the concern is not whether a federal question exists that would allow a federal court to assume jurisdiction, but rather whether a dispute over Indian l...

Excerpt: ...al.App.3d 864, 872; Peterson v. Superior Court (1982) 31 Cal.3d 147, 160; Civ. Code, § 3294; Complaint, pp. 4‐5.) While “the act of operating a motor vehicle while intoxicated may constitute an act of ‘malice' under [Civil Code] section 3294,” plaintiffs have not alleged “circumstances which disclose a conscious disregard of the probable dangerous consequences” as required. (Taylor v. Superior Court (1979) 24 Cal.3d 890, 892 & 899; D...

Excerpt: ...ions is GRANTED, in the amount of $660.00 against plaintiff Yeimi Lopez. (Code Civ. Proc., §§ 2023.010, 2023.030; Marques decl., ¶ 7.) Plaintiff has failed to provide evidence that the imposition of a sanction against her would be unjust. (Code Civ. Proc., § 2023.030, subd. (a); Johns decl., ¶ 3.) Given the relative simplicity of the motion, the Court finds the requested attorney's fees unreasonable. Therefore, the Court awards sanctions for...

Excerpt: ...c. (2009) 171 Cal.App.4th 1356, 1384; FAC, ¶¶ 50‐52, 77‐83.) 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; FAC, ¶¶ 15‐16, 35‐36.) 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 con...

Excerpt: ...gence, negligence per se, and negligent entrustment against defendant. (FAC, pp. 4‐7.) Further, plaintiff has alleged negligence by defendant to overcome the Graves Amendment. (49 U.S.C. § 30106, subd. (a); Defendant's RJN; FAC, pp. 4‐7.) Specifically, as to the fourth cause of action for negligent entrustment, a “rental car agency is prohibited from renting a car to an unlicensed driver, and must ‘make a reasonable effort' to determine ...

Excerpt: ...t is well established that a former employer may properly respond to an inquiry from a potential employer concerning an individual's fitness for employment, and if it is not done maliciously such response is privileged.” (Neal v. Gatlin (1973) 35 Cal.App.3d 871, 877; see also Civ. Code, § 47, subd. (c).) The FAC alleges that defendant's response to the inquiry from a potential employer was reckless and malicious. (FAC ⁋⁋ 58‐ 65.) Defenda...

Excerpt: ...dlord shall be precluded from recovering COVID‐19 rental debt in connection with any award of damages.” Rental Debt is defined in Code of Civil Procedure section 1179.02 subdivision (c) as “[u]npaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due during the covered time period.” The covered time period is between March 1, 2020 and January 31, 2021. (Code Civ. Proc., § 1179.02, subds. (a).) In res...

Excerpt: ...2, Exhs. C‐ F.) County of Yolo's motion to compel further response to requests for admissions, set one, is DENIED. (Code Civ. Proc., § 2033.290, subd. (a).) The Court finds that plaintiff Virgrow Organics, Inc.'s supplemental responses were sufficient under the Discovery Act. County of Yolo's motion to compel further response to form interrogatories is GRANTED IN PART, only as to the request that plaintiff Virgrow Organics, Inc. produce suffic...

Excerpt: ... challenged for its fee award. With regard to the declaration of Raymond Boucher in support of plaintiff's motion for attorneys' fees, costs and expenses, the Court overrules objections 1‐2, 29‐39. The Court sustains objections 3‐28, 40. With regard to the declaration of Arielle E. Brown in support of defendant FCA's opposition to plaintiff's motion, the Court overrules all objections. With regard to the declaration of Arrielle E. Brown in ...

Excerpt: ...(Briggs v. Briggs (1889) 80 Cal. 253, 256; Read v. Johnson (1931) 213 Cal. 432, 437.) As the cause of action continues, and the current successor in interest stands in the shoes of the original plaintiff, this Court holds that defendant must provide responses to the discovery requests propounded by or on behalf of the original plaintiff. Defendant's untimely service of responses containing objections does not divest this Court of jurisdiction to ...

Excerpt: ...itigation activity that falls squarely within the protective reach of the Anti‐SLAPP statute. (Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 733‐741.) The complaint alleges that plaintiff was injured as a result of defendant's filing of the OSC and contempt actions in the Yolo Superior Court family law case number CV‐2016‐1938. The filing of an Order to Show and affidavit for contempt is protected litigation activity under Code...

Excerpt: ... to his pleading, he is not representing Agri‐Analysis LLC. Mr. Wei can represent himself individually and dba AgriAnalysis, LLC, as a fictitious business name is not a legal entity separate from its (individual or corporate) owner. (Pinkerton's, Inc. v. Superior Court (1996) 49 Cal.App.4th 1342, 1348.) Plaintiff Nano Diagnostics, LLC's motion to strike defendant Agri‐Analysis, LLC's answer is DENIED. (Code Civ. Proc., §§ 435, 436, subd. (b...

Excerpt: ...companied with costs and fees to the moving party). It is only when a party persists in disobeying the court's orders that the ultimate (“doomsday”) sanctions of dismissing the action or entering default judgment are justified. (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.) The notice of motion does not provide notice of this Court's tentative ruling...

Excerpt: ... for production (set one). (BelaireWest Landscape, Inc. v. Superior Court (2007) 149 Cal.App.4th 554, 560–561.) The Court has considered all of Communicare's objections and overrules all of them except for the privacy interests of third parties, which the Court holds will be adequately protected by sending “opt out” privacy notices, as discussed below. Our discovery statute recognizes that the identity and location of persons having discove...

Excerpt: ...University of California's objections to plaintiff's evidence in support of plaintiff's opposition as the evidence objected to is not germane to the disposition of the instant motion. (Code Civ. Proc., § 437c, subd. (q).) Defendant The Regents of the University of California's motion for summary judgment or, in the alternative, summary adjudication is DENIED. (Code Civ. Proc., § 437c, subd. (p)(2).) There is a triable issue of material fact as ...

Excerpt: ...of paragraph 11, plaintiffs do not need to allege compliance with any condition precedent within paragraph 11. (Complaint, ¶ 6, Exhibit A.) Further, plaintiffs' first and second causes of action are explicitly separated into two causes of action. Therefore, plaintiffs' second cause of action is not so uncertain that defendant cannot reasonably respond. (See The Swahn Group, Inc. v. Segal (2010) 183 Cal.App.4th 831, 852; Khoury v. Maly's of Calif...

Excerpt: ...D. (Code Civ. Proc., § 583.310.) Defendant and cross‐defendant John Coon's motion for dismissal for delay in prosecution is GRANTED. (Code Civ. Proc., § 583.310.) 2 of 2 The action against defendants Coon and Burgett commenced within the meaning of Code of Civil Procedure section 583.310 upon the filing of the plaintiff's original complaint on October 6, 2011. (Bruns v. E‐Commerce Exchange, Inc. (2011) 51 Cal.4th 717, 723.) The Code of Civi...

Excerpt: ...osure is DENIED. (Code Civ. Proc., 437c, subd. (p)(2).) Plaintiffs proffer evidence that they were excused from tendering the amount of indebtedness because the loan modification review process was not complete. (Majd v. Bank of America, N.A. (2015) 243 Cal.App.4th 1293, 1306‐1307; UMF Nos. 1‐11, 15‐26; Dec. of Alama Ponce, ⁋ 1‐5A‐N, P, Q, U, V‐Z, AA‐LL, 8‐9, 13‐16, 18, 21, 23; Dec. of Williams ⁋⁋ 5, 8 ‐13, Exh. A‐I.) ...

Excerpt: ...Franchise Real Estate, LLC's demurrer to the first, second, and third causes of action in the first amended cross‐complaint is OVERRULED. (Code Civ. Proc., § 430.10.) Cross‐complainants have pled their first and second causes of action with sufficient particularity, given that cross‐complainants are asserting cross‐ defendants' nondisclosure of information. (Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171...

Excerpt: ... request for admissions filed December 9, 2019, as these documents are part of the Court's file in this case. (Evid. Code, §§ 452, subd. (d), 453.) The Court GRANTS respondent's unopposed request that the Court take judicial notice of Ordinance No. 1509 as a regulatory and/or legislative enactment. (Evid. Code, §§ 452, subd. (b), 453.) Respondent County of Yolo's Special Demurrer Respondent County of Yolo's special demurrer to petitioners Vot...

Excerpt: ...002) 29 Cal.4th 189, 198–199; Complaint, ¶¶ 4‐7, 46‐49.) Defendant General Motors LLC's demurrer as to the third cause of action for fraudulent inducement‐concealment is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiff has pled his fraud cause of action with sufficient particularity, given that he is asserting defendant's nondisclosure of information. (Alfaro v. Community Housing Improvement System & Pla...

Excerpt: ...e administrative record is permitted only within the strict limits set forth in section 1094.5, subdivision (e). (Pomona Valley Hosp. Med. Ctr. v. Super. Ct. (1997) 55 Cal.App.4th 93,101.) Doe has failed to establish that the evidence is relevant, that he could not with reasonable diligence have produced the evidence at the hearing, or that it was improperly excluded at the hearing. (Code Civ. Proc., § 1094.5, subd. (e).) The notice of motion do...

Excerpt: ...).) Vehicle Code sections 17150 and 17151 do not fall within the Graves Amendment's saving clause. (49 U.S.C. § 30106, subd. (b); Goodson v. Perfect Fit Enterprises, Inc. (1998) 67 Cal.App.4th 508, 514; Garcia v. Vanguard Car Rental USA, Inc. (11th Cir. 2008) 540 F.3d 1242, 1249; see also Vehicle Code section 16000 et seq.) Defendant is engaged in the 2 of 3 trade of renting or leasing motor vehicles, and plaintiff has not alleged negligence or ...

Excerpt: ...any's motion for summary judgment is DENIED. (Code Civ. Pro., § 437c, subd. (p)(2).) Defendant has failed to show that the pending dispute is “not one that is appropriate for declaratory relief.” (Gafcon, Inc. v. Ponsor & Associates (2002) 98 Cal.App.4th 1388, 1402.) Specifically, the undisputed evidence shows “both continuing contractual relationships and future consequences for the conduct of the relationship that depended on the court's...

Excerpt: ...gence in prosecution. (Code Civ. Proc., § 583.130.) The competing considerations to be evaluated in a motion to dismiss for delay in prosecution are the policies of discouraging stale claims and compelling reasonable diligence balanced against the strong public policy which seeks to dispose of litigation on the merits rather than on procedural grounds. (Van Keulen v. Cathay Pacific Airways, Ltd (2008) 162 Cal.App.4th 122, 131.) In considering a ...

Excerpt: ...bor Code section 1102.5. (Manavian v. Department of Justice (2018) 28 Cal.App.5th 1127, 1141; Complaint, ¶¶ 14, 30, 32, 35, 46, 49.) Defendant's general and special demurrers to the second and third causes of action in plaintiff's complaint are SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subds. (e) & (f).) The alleged violation of the Public Safety Officers Procedural Bill of Rights Act (“POBRA”) occurred after plaintiff's e...

Excerpt: ...requests for production nos. 1‐3, 5‐20, 24‐37, and 40‐79. (Ibid.) The Court also orders plaintiff to provide a privilege log as required by its responses to defendant's request for production, set one. (Code Civ. Proc., § 2031.240, subd. (c).) Plaintiff shall include all redacted documents in its privilege log. (Ibid.) Finally, the 2 of 2 Court orders plaintiff to produce responsive documents to request for production nos. 5, 6, 8, and 9...

Excerpt: ...n to defendants' motion for summary judgment. (California Rules of Court, rule 3.1354(b).) However, the Court does not consider defendants' UMF 12 in ruling on the instant motion. (Reeves v. Safeway (2004) 121 Cal.App.4th 95, 105‐106.) Defendants Walgreen Co. and Irma Moreno's evidentiary objection no. 3 is OVERRULED. The Court does not reach defendants' other evidentiary objections as the evidence objected to is not germane to the disposition ...

Excerpt: ...tant motion. (Code Civ. Proc., § 437c, subd. (q).) Defendant Joanna Malson's motion for summary judgment is GRANTED. (Code Civ. Proc., § 437c, subd. (p)(2).) Plaintiff failed to exhaust his administrative remedies regarding his hostile work environment harassment cause of action against defendant Malson prior to initiating the instant action. (Gov. Code, § 12960, subd. (c); Cole v. Antelope Valley Union High School Dist. (1996) 47 Cal.App.4th ...

Excerpt: ...DENIED. (Code of Civ. Proc., § 437c, subd. (p)(2).) The summary judgment procedure, inasmuch as it denies the right of the adverse party to a trial, is drastic and should be used with caution. (Hyunh v. Ingersoll‐Rand (1993) 16 Cal.App.4th 825, 830.) Moreover, any doubts about the propriety of summary adjudication must be resolved in favor of the party opposing the motion. (See's Candy Shops, Inc. v. Superior Court (2012) 210 Cal.App.4th 889, ...

Excerpt: ...one year statute of limitations began to run by October 19, 2016 when plaintiff Ms. Boulett discovered her injury and suspected the injury was caused by wrongdoing. (Sanchez v. South Hoover Hospital (1976) 18 Cal.3d 93, 102; Drexler v. Petersen (2016) 4 Cal.App.5th 1181, 1190; Sutter Defendants UMFs 11‐19 .) Even with a 90 day extension, there is no material issue of disputed fact that the statute of limitations to bring plaintiff's action expi...

Excerpt: ...ct of reasonable dispute by the parties and not a proper subject for judicial notice. (Ibid.) Defendants' demurrers to plaintiff's first amended complaint are SUSTAINED IN PART. (Code Civ. Proc., § 430.10.) Defendants Bentec HoldCo, Hermitage, Brinkley, and Greyrock demurrer as to plaintiffs' first cause of action (breach of contract) and second cause of action (breach of implied covenant of good faith and fair dealing) are SUSTAINED WITH LEAVE ...

Excerpt: ....) (1981) 117 Cal.App.3d 1, 6‐7.) The first amended complaint does not include specific facts or allegations to support a claim for punitive damages against defendant as required. Additionally, an award of attorney's fees must be supported by either statutory authority or a contractual agreement. Plaintiff's causes of action against defendant are for negligence and breach of fiduciary duty. As this action against defendant is not based on a con...

Excerpt: ... 2 of 3 Plaintiff's first cause of action: Defendants' demurrer to plaintiff's first cause of action for enticement of minors is OVERRULED. (Code Civ. Proc., § 430.10, subds. (e), (f).) Plaintiff's first cause of action, is not fatally ambiguous or uncertain. (Code Civ. Proc., § 430.10, subd. (f).) Plaintiff has pleaded that defendants provided smart phone, service plan, and gaming computer as “enticements” under the statute, over and above...

Excerpt: ....) Plaintiffs' motion for leave to file a first amended complaint is GRANTED. (Code Civ. Proc., § 473.) Trial courts are vested with the discretion to allow amendments to pleadings in furtherance of justice. (Code Civ.Proc., § 473.) That trial courts are to liberally permit such amendments, at any stage of the proceeding, has been established policy in this state since 1901. (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 488–489.) The fa...

Excerpt: ...rally prevents creditor from taking actions against property of the bankruptcy estate, the debtor and the debtor's property. The blanket injunction continues until a bankruptcy court order lifting the stay has been entered or the stay has been expired. (11 U.S.C. § 362; In re Mellor (9th Cir. 1984) 734 F.3d 1396, 1398.) Unless an exception to the stay applies, ‘[o]nce triggered by a debtor's bankruptcy petition, the automatic stay suspends any...

Excerpt: ...nt's, Alan J. Bornt's, and Mary Bornt's demurrer to all of plaintiff Timothy, Stewart & Lekos Seed Company's causes of action for failure to plead sufficiently alter‐ego liability is OVERRULED. Plaintiff has pleaded sufficiently underlying facts to establish the required prongs of alter‐ego liability. (Leek v. Cooper (2011) 194 Cal.App.4th 399, 411; Complaint, ¶¶ 8‐ 12.) Defendants' demurrer to plaintiff's first cause of action for breach...

Excerpt: ..., §§ 2023.010, 2023.030.) The Court also declines to award defendant reimbursement for the claimed no show/cancellation fee, as defendant has failed to provide sufficient legal or factual support for the request. The monetary sanctions requested by plaintiff do not apply to discovery motions. (Code of Civ. Proc., § 128.5, subd. (e).) Finally, the Court declines to impose sanctions against defendant for unsuccessfully bringing a motion to compe...

Excerpt: ...antive responses to form interrogatories numbers 2.6, 6.3‐6.7, 8.1‐8.8, 9.1, 9.2, 10.1‐10.3, 11.1, 11.2 and 12.1 by June 15, 2020. Defendant The Regents of the University of California's request for sanctions is GRANTED. (Code Civ. Proc., §§ 2023.030, 2030.300, subd. (d).) Plaintiff shall pay defendant $900 by June 15, 2020. Plaintiff Danielle Kassalty's motion for protective order is GRANTED IN PART. (Code Civ. Proc., 2030.090.) The spec...

Excerpt: ...good faith and fair dealing, fourth cause of action for bad faith – failure to properly investigate, fifth cause of action for negligence, thirteenth cause of action for fraud/deceit: concealment, fifteenth cause of action for assault, sixteenth cause of action for battery, and seventeenth cause of action for false imprisonment is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiff has sufficiently alleged facts to support these cause...

Excerpt: ...auses of action is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 431.10, subd. (e).) 2 of 2 Plaintiff fails to state sufficient facts to state a cause of action for declaratory relief, breach of fiduciary duty, or negligence against defendant. (Nally v. Grace Community Church (1988) 47 Cal.3d 278, 293; Code Civ. Proc., § 1060; Lockheed Corp. v. Continental Ins. Co. (2005) 134 Cal.App.4th 187, 221.) If no hearing is requested, this tentativ...

Excerpt: ...paragraph 38 are SUSTAINED for lack of personal knowledge and hearsay. (Evid. Code, §§ 702, 1200.) FCA US LLC's objections to the Declaration of Steve Mikhov, paragraphs 8 and 27‐37 are OVERRULED. FCA US LLC's evidentiary objections to the Declaration of Sepehr Dghighianin, paragraphs 4‐6 are OVERRULED. FCA US LLC's evidentiary objections to the Declaration of Sepehr Dghighianin, paragraph 8 is SUSTAINED. (Evid. Code, §§ 400 et seq, 702, ...

Excerpt: ...orious and cause for its denial…”].) Plaintiff is also reminded that a proper proof of service of the moving papers must be filed no later than five court days before the hearing. (Code Civ. Proc., § 1013a, subd. (1); Cal. Rules of Court, rule 3.1300(c).) Defendant The Regents of the University of California's requests for judicial notice are GRANTED. (Evid. Code, § 452, subd. (d).) Plaintiff's motion to quash subpoena duces tecum as to U.C...

Excerpt: ...irst cause of action for fraud is DENIED. (Code Civ. Proc., § 437c, subd. (f)(1).) There is a triable issue of material fact as to whether defendant knew and failed to disclose or intentionally misrepresented that the anchor tenant would not be able to perform under the lease agreement prior to the close of escrow. (Biakanja v. Irving (1958) 49 Cal.2d 647; Lingsch v. Savage (1963) 213 Cal. App. 2d 729, 735‐738; UMF nos. 1, 4,‐7, 9‐10, 14�...

Excerpt: ...ts of litigation are “merely incidental” to the cross‐complaint's causes of action. (Baral v. Schnitt (2016) 1 Cal.5th 376, 394.) Further, cross‐defendant does not establish that the seventh and eighth causes of action arise from the constitutional right of free speech in connection with an issue of public interest. (Code Civ. Proc., § 425.16, subd. (e)(4); Nygard, Inc. v. Uusi‐Kerttula (2008) 159 Cal.App.4th 1027, 1042.) As this first...