Excerpt: ...d 597, 600; Trafton v. Youngblood (1968) 69 Cal.2d 17, 25 [“If the account is sent to the debtor and he does not object to it within a reasonable time, his acquiescence will be taken as an admission that the account is truly stated.”]; UMF 9‐16.) 2 of 2 Plaintiff has established all required elements for open book account (issue 1) against defendant. (Code Civ. Proc., § 337a; see also Interstate Group Administrators, Inc. v. Cravens, Darga...

Excerpt: ...finds that on December 1, 2021, Anderson served a verification to its “further, further” responses to said interrogatories, which were originally served (unverified) on November 1, 2021. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409; Brazier Decl., ¶ 16, Ex, 16; Garratt Decl., ¶ 6, Ex. B.) Sundt's motion to compel “further, further” responses to special interrogatories, set three,...

Excerpt: ...nder uninsured motorist arbitrations”].) The Court finds that applicant has not placed his mental health at issue by filing the present claim with respondent Farmers Insurance Exchange, and respondent acknowledges that it does not seek psychological or psychiatric records. (See Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1017.) Therefore, the Court limits the subject subpoenas to exclude any medical records related to applicant's mental ...

Excerpt: ...ode Civ. Proc., § 437c, subd. (q).) Defendant's request for judicial notice is GRANTED IN PART. (Evid. Code, §§ 452, 453.) While the Court takes judicial notice of document no. 1, the Court declines to take judicial notice of documents nos. 2 and 3 because these documents are irrelevant to the Court's determination of the instant motion. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6 [“Rowland”].) Plaintiff's request for judicial noti...

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: ... 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: ...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: ...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: ...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...