Excerpt: ... the same or similar circumstances. (Ibid.) Moreover, the law strongly favors trial and disposition on the merits. (Huh v. Wang (2007) 158 Cal.App.4th 1406, 1419.) Here, the court is satisfied with the evidence supporting the moving parties' contention that their actions related to this case were impacted by the difficulty in communicating with attorney Andrew Dai because of the language barrier. Adding to this confusion was the recent Covid‐19...

Excerpt: ... factual basis of the claim. (Navarrete v. Meyer (2015) 237 Cal.App.4th 1276, 1284.) Less specificity in pleading the facts in the complaint is permitted when the defendant may be assumed to have knowledge of the facts at least equal, if not superior, to that possessed by the plaintiff. (Rutherford Holdings, LLC v. Plaza Del Rey (2014) 223 Cal.App.4th, 221, 236.) A demurrer shall be overruled if the allegations of the complaint adequately state a...

Excerpt: ...t is sought for no purpose other than the recovery of the claim on which the attachment is based; and 4) the amount to be secured by the attachment is greater than zero. (Cal. Code of Civ. Proc. §§483.010, 484.090.) Here, the evidence submitted by Plaintiffs sufficiently support the causes of action in the complaint that would result in damages of $500,000.00, that they are based on a contract and is unsecured, that the attachment is sought for...

Excerpt: ...the proceeding. [Citation.] Examples of extrinsic fraud are: … failure to give notice of the action to the other party, and convincing the other party not to obtain counsel because the matter will not proceed (and then it does proceed). [Citation.] The essence of extrinsic fraud is one party's preventing the other from having his day in court.” (City and County of San Francisco v. Cartagena (1995) 35 Cal.App.4th 1061, 1067.) “To set aside a...

Excerpt: ...urrer is also sustained as to the First Cause of Action as it fails to allege sufficient facts to constitute a cause of action against Jaime De La Cruz. A plaintiff's complaint need only meet fact‐pleading requirements: it must contain a statement of facts constituting the cause of action, in ordinary and concise language (Cal. Civ. Proc. §425.10(a)(1)), and should allege ultimate facts that, as a whole, apprise the defendant of the factual ba...

Excerpt: ... the same or similar circumstances. (Ibid.) Moreover, the law strongly favors trial and disposition on the merits. (Huh v. Wang (2007) 158 Cal.App.4th 1406, 1419.) Here, the court is satisfied with the evidence supporting the moving parties' contention that their actions related to this case were impacted by the difficulty in communicating with attorney Andrew Dai because of the language barrier. Adding to this confusion was the recent Covid‐19...

Excerpt: ... factual basis of the claim. (Navarrete v. Meyer (2015) 237 Cal.App.4th 1276, 1284.) Less specificity in pleading the facts in the complaint is permitted when the defendant may be assumed to have knowledge of the facts at least equal, if not superior, to that possessed by the plaintiff. (Rutherford Holdings, LLC v. Plaza Del Rey (2014) 223 Cal.App.4th, 221, 236.) A demurrer shall be overruled if the allegations of the complaint adequately state a...

Excerpt: ...erial fact as to each cause of action, claim for damages or issue of duty. (Cal. Civ. Proc. §437c(f)(1).) When the plaintiff is the moving party, the court determines if it has met its burden under CCP Section 437c(p) by proving each element of a cause of action entitling the moving party to judgment on that cause of action. (Ibid.; Riverside County Community Facilities Dist. V. Bainbridge 17 (1999) 77 Cal.App.4th 644, 653.) The court's function...

Excerpt: ...ction 2032.320(e)(1).) This order is conditioned on the Defendant's advancement of the examinee's reasonable expenses and costs for travel to the place of examination, which shall include mileage, lodging and meals for both Refugio Hurtado Perez and Maria L. Hurtado, as well as lost wages for Maria L. Hurtado. An advance payment of estimated costs in the amount of $1,500 shall be paid to Plaintiff's counsel no later than October 25, 2021. Additio...

Excerpt: ... complaint. Therefore, the original complaint controls. Here, the Superior Court for the County of Fresno is proper under Code of Civil Procedure section 395.5, which states, “(a) corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to...

Excerpt: ...uments are withheld based on privilege, Plaintiff is to provide a code‐compliant privilege log by October 7, 2021. Regarding monetary sanctions, monetary sanctions shall be imposed unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Cal. Civ. Proc. §2023.030(a).) Here, the parties met and conferred several months ago, Plaintiff...

Excerpt: ...there is a complete defense to the cause of action. The moving party bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material facts. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant moving for summary judgment carries the burden of persuasion and/or production by presenting evidence that would require such a trier of fact not to find any underlying material...

Excerpt: ...aised by the Rose, et al. v. County of San Benito appeal, are sufficiently similar to those presented here to justify a stay. Both cases Page 4 of 4 450 Fourth Street Hollister, CA 95023 (831) 636‐4057 x124  FAX (831) 634‐ 4911 concern whether the Board of Supervisors intended to confer a vested contractual right when providing employee and retiree health benefits under the PEMHCA. Although the motion to stay is granted, this order spec...

Excerpt: ...on in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified in the pleading, other than an easement obtained pursuant to statute by any regulated public utility.” (Cal. Civ. Proc. §405.) Here, the FACC pleads a cause of action that would affect the use of an easement. (See FACC ¶¶102‐106.) Cross‐Complainants have established the probable...

Excerpt: ...pleaded, cannot be established, or that there is a complete defense to the cause of action. The moving party bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material facts. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant moving for summary judgment carries the burden of persuasion and/or production by presenting evidence that would require such a trier of ...

Excerpt: ...nce drafted a report following Plaintiff's claim. Defendant's insurance denied the claim. Subsequently, in late 2019 and early 2020, Defendant replaced the water storage tanks. Defendant was personally served on July 24, 2020. Plaintiff's now move for sanctions against Defendant for removing the water storage tanks, which are the subject of this litigation. Although there is no evidence that Defendant remove the tanks with the intent to destroy o...

Excerpt: ...ause of action cannot be established. (Code Civ. Proc., § 437c, subd. (p)(2).) “[T]he defendant bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. [Citation.] If the defendant carries the burden of production, the burden shifts to the plaintiff to make his or her own prima facie showing of the existence of a triable issue of fact.” (McGonnell v. Kaiser Gypsum Co. (20...

Excerpt: ...e otherwise regulating trade secrets. (b) This title does not affect (1) contractual remedies, whether or not based upon misappropriation of a trade secret, (2) other civil remedies that are not based upon misappropriation of a trade secret, or (3) criminal remedies, whether or not based upon misappropriation of a trade secret.” In determining whether a claim has been displaced by CUTSA, courts look to whether such a claim depends on the existe...

Excerpt: ... a nondisclosure by the manufacturer to the eventual purchaser must be passed on. (OCM Principal Opportunities Fund, L.P. v. CIBC World Markets Corp. (2007) 157 Cal.App.4th 835, 859.) “(I)t would be anomalous if liability for damages resulting from fraudulent concealment were to vanish simply because of the fortuitous event of an intervening resale.” (Id. at 859‐860.) Additionally, Plaintiff has alleged that Defendant was acting as an agent...

Excerpt: ...termine whether the moving party has made a threshold showing that the challenged cause of action is one arising from protected activity. The defendant has the initial burden of showing that the acts underlying the plaintiff's suit fall within one or more of the categories of conduct. (Lee v. Silveira (2016) 6 Cal.App.5th 527, 538.) Specifically, the causes of action are based, in part, on conduct made before a legislative proceeding, which is a ...

Excerpt: ...response deadlines several times. During that time, an answer to the cross‐complaint was filed and served by LCR, thus making Interrogatory Number 15.1 relevant and not premature as of the date of the supplemental response. As a result, the current response is inadequate in that it is an objection only. Regarding Special Interrogatories 6 and 10‐19 the motion is GRANTED as the most recent responses are inadequate and the requests are relevant...

Excerpt: ...termine whether the moving party has made a threshold showing that the challenged cause of action is one arising from protected activity. The defendant has the initial burden of showing that the acts underlying the plaintiff's suit fall within one or more of the categories of conduct. (Lee v. Silveira (2016) 6 Cal.App.5th 527, 538.) Specifically, the causes of action are based, in part, on conduct made before a legislative proceeding, which is a ...

Excerpt: ...etermine whether the moving party has made a threshold showing that the challenged cause of action is one arising from protected activity. The defendant has the initial burden of showing that the acts underlying the plaintiff's suit fall within one or more of the categories of conduct. (Lee v. Silveira (2016) 6 Cal.App.5th 527, 538.) Specifically, the causes of action are based, in part, on conduct made before a legislative proceeding, which is a...

Excerpt: ...etermine whether the moving party has made a threshold showing that the challenged cause of action is one arising from protected activity. The defendant has the initial burden of showing that the acts underlying the plaintiff's suit fall within one or more of the categories of conduct. (Lee v. Silveira (2016) 6 Cal.App.5th 527, 538.) Specifically, the causes of action are based, in part, on conduct made before a legislative proceeding, which is a...

Excerpt: ...ty of others. (Ibid.) Malice does not require actual intent to harm. (Pfeifer v John Crane, Inc. (2013) 220 Cal.App.4th 1270, 1299.) Conscious disregard for the safety of another may be sufficient. (Ibid.) A conscious disregard of the rights or safety of others means a conscious disregard of the probability that the actor's conduct will result in injury to others. (See, e.g., Taylor v Superior Court (1979) 24 C3d 890, 895 (person who drinks alcoh...