Excerpt: ...t-A-Car Co. of San Francisco (2000) 79 Cal.App.4th 1127, 1133- 1134 ["When the liability issues are so interrelated that it would have been impossible to separate them into claims for which attorney fees are properly awarded and claims for which they are not, then allocation is not required." l; see also Cruz v. Fusion Buffet, Inc. (2020) 57 Cal.App.5th 221, 235—236; Adams decl., "15-7.) The Court finds that the hourly rates requested by plaint...

Excerpt: ...(e).) Therefore, the demurrer is properly overruled if one cause of action "is not vulnerable to [this] objection." (Shook v. Pearson (1950) 99 Cal.App.2d 348, 351; Bacon v. Wahrhaftig (1950) 97 Cal.App.2d 599, see also Cal. Rules of Court, rule 3.1320(a).) The FAC contains sufficient factual allegations to support a cause of action for breach of fiduciary duty. (Meister v. Mensinger (2014) 230 Cal.App.4th 381, 395; Quelimane Co. v. Stewart Title...

Excerpt: ...uring, LLC's verified answer to plaintiff Bradley Ashmore's complaint — because it was never filed with the Court. The Court notes that as defendant Proterp Manufacturing, LLC, has never made a formal appearance in this action, the opposition to this motion is only being considered as being filed by defendant Proterp Holdings, LP (hereinafter "defendant"). Plaintiff's motion for attorney's fees is GRANTED IN PART. (CINIe Civ. Proc., SS 685.040 ...

Excerpt: ...decline to consider any argument or legal authority found in pages exceeding the maximum permitted number of pages. Motion to compel further responses to special interrogatories: Petitioner's motion to compel further responses to special interrogatories, set one, is DENIED. (Code Civ. Proc., S 2030.300, subd. (a).) Petitioner has failed to make an adequate showing that the discovery requests at issue are likely to aid in the resolution of the par...

Excerpt: ...2020) 58 Cal.App.5th 817, 825; People ex rel. Lockyer v. Shamrock Foods Co. (2WO) 24 Cal.4th 415, 422 [a precondition to the taking of judicial notice in either its mandatory or permissive form must be relevant to a material issuel.) Defendants' demurrer to first amended complaint of plaintiff State of California, by and through the Department of Water Resources is SUSTAINED and the case is DISMISSED WITHOUT PREJUDICE. (Code Civ. Proc., SS 389, s...

Excerpt: ...an open book account aga-nst defendant Davis Williams Adams aka Davis W. Adams, and defendant has failed to show that a triable issue of one or more material facts exists as to this claim or a defense thereto. (Code Civ. Prw SS 337a, 437c, subds. (b)(3), (p)(l); Aguilar, supra, 25 Cal.4th at p. 862; Lyons v. Security Pacific National Bank (1995) 40 Cal.App.4th l[nl, IW5 — Interstate Group Administrators, Inc. v. Cravens, Dargan & Co. (1985) 174...

Excerpt: ...rder pursuant to California Rules of Court, rule 3.1312 or further notice is required. Byrd's motion: On the Court's own motion, cross-defendant Justin Byrd's ("Byrd") motion for attorney's fees and costs is CONTINUED to September 7, 2023, at a.m. in Department 11. Byrd is DIRECTED to billing records and/or invoices from Scott Radcliffe in support of the claimed attorney's fees, and a supporting supplemental declaration from Mr. Radcliffe, which ...

Excerpt: ...aintiff timely filed its opposition without objecting to this deficiency. The Court deems this deficiency waived. Defendants' request for judicial notice is DENIED. (Evid. Code, SS 452, 453.) The proffered documents are not relevant to the Court's determination of this motion. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6; see Malek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825.) Defendants' motion for summary judgment or, in...

Excerpt: ...he Court finds that defendants were the prevailing party on the second and third causes of action [for fraud and negligent misrepresentation, respectively), only, within plaintiff West Sacramento Hospitality, LLC's complaint. (Civil Code, S 1717, subd. RJN, Exhibits A, B; Folsom Decl., Exhibit D, '1 24.) However, defendants fail show that their 75%-25% apportionment within the billing records [for work performed to defend against plaintiff's comp...

Excerpt: ... "a trial court has broad discretion to accept or reject late-filed papers."]; Code Civ. Proc., S 437c, subd. (b)(2).) Plaintiff Julie Su, State Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California's request for judicial notice is GRANTED. (Evid. Code, SS 452, 453.) Defendants' objections to plaintiffs request for judicial notice are OVERRULED. (See Evid. Code, SS 1200, 702, 800, 140...

Excerpt: ... broad discretion to accept or reject late-filed papers."]; Code Civ. Proc., S 437c, subd. (b)(2).) Plaintiff Julie Su, State Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California's request for judicial notice is GRANTED. (Evid. Code, SS 452, 453.) Defendants' objections to plaintiff's request for judicial notice are OVERRULED. Defendants' objections to evidence in support of oppositi...

Excerpt: ...ents attached thereto. (Evid. Code, SS 452, 453.) Defendant's request for judicial notice file with defendant's reply is DENIED. (Evid. Code, SS 452, 453.) New arguments may not be raised for the first time in a reply brief. (High Sierra Rural Alliance v. County of Plumas (2018) 29 Cal.App.5th 102, 112 fn. 2.) The rule is that points raised in the reply brief for the first time will not be considered, unless good reason is shown for failure to pr...

Excerpt: ...sonable attorney's fees. Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (Code Civ. Proc„ S 1032, (b).) The statute defines "prevailing party" as including "a defendant in whose favor a dismissal is entered...." (Code Civ. Proc., S 1032, subd. (a)(4).) Hotel Winters is a preva-ling party as a defendant in whose favor a dismissal was entered. The...

Excerpt: ...1161(2) which states that a tenant is guilty of unlawful detainer if they fail to pay their rent and then subsequently fail to comply with a three-day to pay rent or quit order. Plaintiff has stated facts sufficient to constitute a cause of action. (Code Civ. Proc., S 430.10, subd. (e).) Those facts include: 1. Plaintiff is a limited liability company which owns the real property located within the above-described judicial district and commonly k...

Excerpt: ...from defendant after unsuccessful attempts to repair plaintiffs' vehicle, and defendant declined to do so. (Code Civ. Proc, S 338; Britton v. Girardi (2015) 235 Cal.App.4th 721, 734; Compl., 23.) The Court further finds that plaintiffs have stated facts sufficient to consttute a cause of action for fraudulent inducement concealment. (See Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4th 1356, 1382 — 13...

Excerpt: ...round that the memorandum of costs was filed prematurely. 2 of 2 2. Regarding defendant's deposition costs, service of process, and fees for electronic filing or service, this Court DENIES the motion to tax costs. These are all allowable costs. (Code Civ. Proc., S 1033.5, (a)(3)(A), They were also incurred, reasonably necessary to the conduct of the litigation, and reasonable in amount. (Code Civ. Proc., S 1033.5, subd. (c).) 3. Regarding defenda...

Excerpt: ... have established that there are a triable issues of material fact as to duty, breach of duty and causation. (Civ. Code, S 1714; Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917; T.H. v. Novartis Pharmaceuticals corp. (2017) 4 cal.5th 145, 163; Knight v. Jewett (1992) 3 cal.4th 296, 315; Cabral v. Ralphs Grocery co. (2011) 51 Cal.4th 764, 771 ["in the absence of a statutory provision establishing an exception to the general rule of Civil Co...

Excerpt: ...f negating an element of this cause of action — that plaintiff Eseosa D. Osunde was performing competently in the position he held. (Code Civ. 2 of 3 Proc„ S 437c, subd. (p)(2); Gov't. Code, S 12940, subd. (a); Moore v. Regents of Univ. of Cal. (2016) 248 Cal.App.4th 216, 235; Guz v. Bechtel Nat'l Inc. (2Cm) 24 cal.4th 317, 355; UMFs 29—43, 51 53, 55, 58, 60-62, 54, 65.) The court further finds that plaintiff has failed to identify admissib...

Excerpt: ...the remainder of the proffered documents [Attachments 2, 3, 5 and 6] as they are not relevant to the Court's determination of the instant motion. (Evid. Code, SS 452, 453; People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6; see Malek Media Group LLC v. AXQG corp. (2020) 58 cal.App.5th 817, 825; People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422.) Accordingly, defendants Robert Chavez, Sky Webb, and Michael Williams' objection...

Excerpt: ...ds that defendants/cross-complainants may not recover fees incurred as to the first cause of achon in plaintiff West Sacramento Hospitality, 3 of 3 LLC's complaint for breach of contract, which was voluntarily dismissed on December 1, 2022. (Civil Code, S 1717, subd. RJN, Exhibits A, B; Folsom Decl., Exhibit D, '1 24.) The Court also finds that while defendants/cross-complainants are the prevailing party on the second and third causes of action [...

Excerpt: ...) 174 Cal.App.4th 1453, 1458 [facts of which a party seeking reconsideration was aware of at the time of the original ruling are not "new or different facts," as would support a trial court's grant of reconsideration]; see also Lucas v. Santa Maria Public Airport Dist. (1995) 39 Cal.App.4th 1017, 1028.) The Court also finds that plaintiff failed to file an affidavit in support of this motion, as required. (Code Civ. Proc., S 1008, subds. (a), (b)...

Excerpt: ... Jamie Wagner's objections to the declaration of Daniel Johnson are SUSTAINED. (Hayman v. Block (1985) 176 Cal.App.3d 629, 638—639; Evid. code, SS 210, 403, 350, 352, 702(a), 800.) All other requests are DENIED and all other objections are OVERRULED. Defendant Jamie Wagner's motion for summary judgment is GRANTED. (Code Civ. Proc., S 437c, subd. Plaintiff asserts two causes of action against Wagner, both dependent on Wagner being the owner of t...

Excerpt: ...fornia Rules of Court, rule 3.1345(d). (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 892.) The Court further finds that defendant has failed to include any legal argument in fts supporting memorandum of points and authorities regarding plaintiff Eseosa Osunde's provision of verifications to his responses to defendant's request for admission and special interrogatories; thus, fails to comply with California Rules of Court, rule 3.113(b). Finally...

Excerpt: ...fs are estopped from repudiating defendant's enforcement of the express arbitration provision found in the Retail Installment Sale Contract — Simple Finance Charge (With Arbitration Provision) ("Sales Contract") between plaintiff Thomas McGregor ("Mr. McGregor") and Hoblit Chrysler Jeep Dodge Inc. (erroneously sued as and Hoblit Chrysler Jeep Dodge Ram) ("Hoblit"). (Felisilda, supra, 53 Cal.App.5th 486, 495— 499; Sandhu Decl., '1 2, Exhibit A...

Excerpt: ...fornia Rules of court, rule 3.1345(d). (Mills v. U.S. Bank (2008) 166 cal.App.4th 871, 892.) The court further finds that defendant has failed to include any legal argument in its supporting memorandum of points and authorities regarding plaintiff Eseosa Osunde's provision of verifications to his responses to defendant's request for admission and special interrogatories; thus, falls to comply with California Rules of Court, rule 3.113(b). Finally...